Visit For more Pdf's Books Pdfbooksforum.com REVIEW MODULE ON CRIMINAL LAW 1 By Erick A. Gempesao Criminologist Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com CRIMINAL LAW 1 INTRODUCTION: Before the Spanish Colony, we have Criminal Law, “The Code of Kalantiao”, which often termed as the First Penal Law in the History of the Philippines. Under this code, if a man would have a relation with a married woman, he is penalized. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com CRIMINAL LAW 1 Adultery and concubinage are crimes during those days. Even offending things, such as goods, are penalized. The Code of Kalantiao has certain penal provisions. The Filipinos have their own set of penology. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com CRIMINAL LAW 1 When the Spanish Colonizers came, Royal Decree of 1870 made the Spanish codigo Penal applicable and extended to the Philippines. This was made effective in the Philippines on July 14, 1876. However, the Spanish Codigo Penal did not cater to the customs and tradition of the Filipinos. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com CRIMINAL LAW 1 A Filipino, Rafael Del Pan, made the so called correctional code but this code was never enacted into law, instead, a committee was organized headed by then Anacleto Diaz. This committee was the one who drafted the present penal code. The Revised Penal Code took effect on January 1,1932. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com CRIMINAL LAW 1 DEFINITION OF TERMS 1.) Law -is a rule of conduct, just and obligatory, promulgated by competent authority for common observance and benefits. 2.) Crime - It is an act omitted or committed in violation of public law forbidding or commanding it. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com CRIMINAL LAW 1 3.) Felony -is an act or omission punishable by The Revised Penal Code. 4.) Offense -may be defined as an act or omission punishable by Special Laws. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com CRIMINAL LAW 1 5.) CRIMINAL LAW -may be defined as a branch of public or municipal law, which defines crimes, treats of their nature and provides for their punishment. 6.) Omission -means inaction, failure to do a positive duty, which one is bound to do. 7.) Act -means any bodily movement tending to produce some effect in the external world. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com DIFFERENT PHILOSOPHIES UNDERLYING CRIMINAL LAW SYSTEM: Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com PHILOSOPHIES UNDERLYING CRIMINAL LAW SYSTEM 1.) Classical/Juristic Theory -Best remembered by the maxim “an eye for an eye, a tooth for a tooth”. The purpose of penalty is retribution. The offender is made to suffer for the wrong he has done. A man is regarded as a moral creature who understands right from wrong; he must be prepared to accept the punishment therefore. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com PHILOSOPHIES UNDERLYING CRIMINAL LAW SYSTEM 2.) Positive/Realistic Theory -The purpose of penalty is reformation. Crimes are regarded as a social phenomenon, which constrains a person to do wrong although not his own volition. A tendency towards crime is the product of one’s environment. There is no such thing as natural born killer. This was criticized as being too lenient. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com PHILOSOPHIES UNDERLYING CRIMINAL LAW SYSTEM 3.) Eclectic/Mixed Theory -This combines both positivist and classical thinking. Crimes that are economic and social in nature should be dealt with in a positivist manner, thus the law is more compassionate. Heinous crimes should be dealt with in a classical manner, thus capital punishment. The Revised Penal Code follows the mixed/ eclectic theory. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com PHILOSOPHIES UNDERLYING CRIMINAL LAW SYSTEM 3.) Eclectic/Mixed Theory Example: Intoxication of the offender is considered to mitigate his criminal liability, unless it is intentional or habitual. A woman who killed her child to conceal her dishonor has in her favor mitigating Visit For more Pdf's Books circumstances. Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com BASIC MAXIMS IN CRIMINAL LAW Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com BASIC MAXIMS IN CRIMINAL LAW 1.) Doctrine of PRO REO -Whenever a penal law is to be constructed or applied and the law admits of two interpretations, one lenient to the offender, and one strict to the offender, the latter interpretation, which is lenient of favorable to the offender, will be adopted. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com BASIC MAXIMS IN CRIMINAL LAW 1.) Doctrine of PRO REO -This is in consonance with the fundamental rule that all doubts shall be construed in favor of the accused and consistent with presumption of innocence of the accused. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com BASIC MAXIMS IN CRIMINAL LAW 2.) Nullum Crimen Nulla Poena Sine Legis -There is no crime when there is no law punishing the same. Because of this maxim, there is no common law crime in the Philippines, no matter how wrongful, evil or bad the acts is, if there is no law defining the act, the same is not considered a crime. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com BASIC MAXIMS IN CRIMINAL LAW -Common Law Crimes are wrongful acts which the community condemns as contemptible, even though there is no law declaring the act criminal. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com BASIC MAXIMS IN CRIMINAL LAW 3.) Actus on Facit Reum, Nisi Mens Sit Rea -The act cannot be criminal where the mind is not criminal. This is only true to a felony committed intentionally or characterized as DOLO, but not those felonies resulting form negligence (Culpa). 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Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com SOURCES OF CRIMINAL LAW Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com SOURCES OF CRIMINAL LAW 1.) The Revised Penal Code (Act. No. 3815) which took effect on January 01, 1932; 2.) Acts of the Philippine Legislature, National Assembly, congress of the Philippine, Batasang Pambansa, Presidential Decrees, Executive Orders, etc.; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com THE CLASSICAL THEORY OF CRIMINAL LAW BEING ADOPTED IN THE PHILIPPINES Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com THE CLASSICAL THEORY OF CRIMINAL LAW BEING ADOPTED IN THE PHILIPPINES “Basic criminal liability is human free will and the purpose of penalty is retribution. It endeavors to establish mechanical and direct proportion between crime and penalty”. 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IRRETROSPECTIVITY OR PROSPECTIVITY -That the law does not have any retroactive effect (Art. 4, NCC) except if it favors the offender (Art. 22, RPC) who is not a habitual criminal (Art. 62, par. 5 RPC). Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com THREE GENERAL CHARACTERISITIC OF CRIMINAL LAW -Penal laws shall not be given retroactive effect. Acts or omission will only be subject to a penal law if they are committed after a penal law had already taken effect. Penal laws operate only prospectivity. Exception: If the penal law is favorable to the accused. Exemption to the exception: If the accused is habitual delinquent. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com THREE GENERAL CHARACTERISITIC OF CRIMINAL LAW Example: A, was convicted for illegal Possession of firearm in 1995. The penalty for IP of F/A at that time was 12 years and 1 day to 20 years. On 1998 a law was passed lowering the penalty to 6 years and 1 day to 10 years. Will the new law be given retroactive effect to “A” that is now serving his sentence? Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com THREE GENERAL CHARACTERISITIC OF CRIMINAL LAW Answer: Yes, the law can be retroactively applied because it is favorable to the accused. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 2 EXTRA-TERRITORIAL JURISDICTION (Exception to territoriality) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com EXTRA-TERRITORIAL JURISDICTION Rules as to jurisdiction over crimes committed abroad a foreign merchant vessel: 1.) French Rule: This rule suggest that such crimes are not triable in the court of that country, unless their commission affects the peace and security or the safety of the state is endangered. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com EXTRA-TERRITORIAL JURISDICTION 2.) English Rule: Meaning, such crimes are triable in that country, unless they merely affects things within the vessel or they refer to the internal management thereof. Take Note: The English rule is what is being applied here in the Philippines. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com FELONIES & CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY ART. 3 -FELONIES (Either by dolo or culpa) ELEMENTS OF FELONY a.) there must be an act of omission b.) such act or omission is punishable by RPC; and c.) committed either by dolo or culpa. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com FELONIES & CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY ELEMENTS OF DOLO intelligence freedom criminal intent ELEMENTS OF CULPA intelligence freedom negligence/ imprudence Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com FELONIES & CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY Intent -the purpose to use a particular means to affect such result while Motive -the moving power, which impels one to action for a definite result, e.g. Jealousy, revenge. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com FELONIES & CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY Proximate Cause -That cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, procedures injury, and without which the result would not have been committed (Bataclan V. Medina 102 Phil. 181) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com FELONIES & CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY MALA INSE -An act mala inse is a wrong act from its very nature as those felonies punished in the Revised Penal Code. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com FELONIES & CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY MALA PROHIBITA -An act mala prohibita is a wrong because law prohibits it. Without the law punishing the act, it cannot be considered wring. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com FELONIES & CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY Hence the mere commission of that act is what constitutes the offense punished and criminal intent will be immaterial for reason of public policy. So, mere carrying of a firearm within a polling place is punished by the Revised Election Code, regardless whether or not the offender had the intention to violate the law. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 4 – WHO INCURS CRIMINAL LIABILITY Criminal liability shall be incurred by any person: 1.) Committing a felony (delito) although the wrongful act done be different from that which he intended; and Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 4 – WHO INCURS CRIMINAL LIABILITY 2.) performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means (impossible crime – a crime of last resort). Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 4 – WHO INCURS CRIMINAL LIABILITY Error in personae (Mistake in Identity) Aberratio Ictus (Mistake in Blow) Praeter Intentionem (The act exceeds the Intent) Impossible Crime Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 5 – DUTY OF COURTS: 1.) If the act charged is not punished by law which the Court deems proper to repress; 2.) In case of excessive penalty. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 6 – STAGES IN THE COMMISSION OF FELONY 1.) Consummated Felony, A Felony is consummated when all the elements necessary for its execution and accomplishment are present. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 6 – STAGES IN THE COMMISSION OF FELONY 2.) Frustrated Felony, A felony is frustrated when the offender performs all the acts of execution, which would produce the felony as a consequence, but, which, nevertheless, do not produce it by reason of cause independent of the will of the perpetrator. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 6 – STAGES IN THE COMMISSION OF FELONY 3.) Attempted Felony, There is an attempt when the offender commence of the crime directly by overt acts, and does not perform all the acts of execution which would produce the felony by reason of some cause or accident other than his own spontaneous desistance. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 6 – STAGES IN THE COMMISSION OF FELONY What is an indeterminate offense? -It is one where the purpose of the offender in performing an act is not certain. Acts which are susceptible of double interpretation, that is in favor as well as against the accused, and which show an innocent as well as punishable act, must not and can not furnish grounds by themselves for attempted crime. (Peoples V. Lamahang. 61 Phil. 707) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 7 – WHEN LIGHT FELONIES ARE PUNISHABLE: Light felonies: -are those infractions of law for the commission of which the penalty of arresto menor or a fine exceeding 200 pesos, or both, is provided. General Rule: -Light felonies are punishable only when they have been consummated. Exception: -Light felonies committed against persons or properties are punishable even if attempted or frustrated. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 8 – CONSPIRACY AND PROPOSAL TO COMMIT A CRIME Kinds: 1.) Conspiracy and proposal to commit felony as a crime. Ex.: -Conspiracy to and proposal to commit rebellion, treason and sedition. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 8 – CONSPIRACY AND PROPOSAL TO COMMIT A CRIME 2.) Conspiracy and Proposal to commit felony as a manner of incurring criminal liability. (The act of one is the act of all) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 8 – CONSPIRACY AND PROPOSAL TO COMMIT A CRIME Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Requisites of conspiracy are: Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 8 – CONSPIRACY AND PROPOSAL TO COMMIT A CRIME 1.) there are two or more persons; 2.) who come to an agreement; 3.) concerning the commission of a felony; and 4.) they decide to commit the felony. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 8 – CONSPIRACY AND PROPOSAL TO COMMIT A CRIME Proposal, There is a proposal when the person who has decided to commit felony proposes it execution to some other person or persons. Requisites are: Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 8 – CONSPIRACY AND PROPOSAL TO COMMIT A CRIME 1.) a person has decided to commit a felony; and 2.) after such decision, he proposes the execution of the felony to some other person or persons. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 8 – CONSPIRACY AND PROPOSAL TO COMMIT A CRIME Not Punishable Except: rebellion sedition treason Visit For more Pdf's Books Pdfbooksforum.com ART. 9 – CLASSIFICATION FELONIES ACCORDING TO GRAVITY Visit For more Pdf's Books Pdfbooksforum.com 1.) Grave felonies -those which the law attaches a capital punishment or a penalty which is afflictive in any its periods; Visit For more Pdf's Books Pdfbooksforum.com ART. 9 – CLASSIFICATION FELONIES ACCORDING TO GRAVITY Visit For more Pdf's Books Pdfbooksforum.com 2.) Less Grave Felonies -those in which the penalties in their maximum period are correctional; 3.) Light Felonies -those infractions of law in which the penalty of arresto menor or a fine of not exceeding P200.00 or both. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 10 – OFFENSES NOT SUBJECT TO THE PROVISIONS OF THE REVISED PENAL CODE Suppletory in Nature -Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should especially provide the contrary. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com CHAPTER 2 JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART 11. – JUSTIFYING CIRCUMSTANCES JUSTIFYING -those wherein the acts of the actor are in accordance with law, and hence, he incurs no criminal and civil liability Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART 11. – JUSTIFYING CIRCUMSTANCES 1.) Self-defense – requisites: a.) unlawful aggression b.) reasonable necessity of the means employed to prevent or repel it; and c.) lack of sufficient provocation on the part of the person defending himself. 2.) Defense of relative Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART 11. – JUSTIFYING CIRCUMSTANCES 3.) Defense of stranger 4.) State of necessity -doing an act which causes damage to another to avoid an evil or injury. Requisites are: Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART 11. – JUSTIFYING CIRCUMSTANCES a.) the evil to be avoided actually exists; b.) the injury feared be greater than that done to avoid it; and c.) there be no other practical and less harmful means of preventing it. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART 11. – JUSTIFYING CIRCUMSTANCES 5.) Fulfillment of duty or exercise of right of office. 6.) Obedience to superior order for a lawful purpose. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART 11. – JUSTIFYING CIRCUMSTANCES -In self-defense the burden of proof rests upon the accused. His duty is to established self-defense by clear and convincing evidence; otherwise conviction would follow from his admission that he killed the victim. (People v. Mercado 159 Phil. 453) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART 11. – JUSTIFYING CIRCUMSTANCES -The discrepancy on accused-appellants testimony as to whether he stabbed the victim on the left or the right side of his chest is of such a material character that it renders his entire testimony dubious at best. The mere fact that the accused-appellant was injured does not prove his claim of self-defense. (People v. Gadia, September 21, 2001) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART 11. – JUSTIFYING CIRCUMSTANCES -Reasonable necessity of the means employed is negated by the location and severity of the victim’s wounds. Mortal wounds at vital parts of the victim’s body indicate appellant’s determination to kill the deceased and not merely to defend himself. (People v. Zate, Nov. 17, 2001) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 12 – EXCEPTING CIRCUMSTANCES -those wherein there is an absence in the agent of the crime any of the conditions what would make an act voluntary and, hence, although there is no criminal liability, there is civil liability. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 12 – EXEMPTING CIRCUMSTANCES 1.) an imbecile or an insane person, unless the latter has acted during a lucid interval; 2.) a person under nine years of age; 3.) a person under nine years old and under fifteen, unless he has acted with discernment; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 12 – EXCEPTING CIRCUMSTANCES 4.) any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it; 5.) any person who acts under the compulsion of irresistible force; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 12 – EXCEPTING CIRCUMSTANCES 6.) any person who acts under the impulse of an uncontrollable fear of an equal or greater injury; and 7.) any person who fails to perform an act required by law, when prevented by some lawful insuperable cause. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 12 – EXCEPTING CIRCUMSTANCES Other cases of non-liability for a felony: 1.) prescription; 2.) relationship in crimes of theft, swindling and malicious mischief; 3.) relationship in some accessories; 4.) pardon by offended party and marriage between offender and offened party; 5.) infliction of physical injuries under stated conditions (art. 247); 6.) amnesty; and 7.)pardon by the Chief Executive. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com CHAPTER 3 MITIGATING CIRCUMSTANCES Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 13. MITIGATING CIRCUMSTANCES MITIGATING – (Art. 13) those that have the effect of reducing the penalty because there is a diminution of any of the elements of dolo or culpa which makes the act voluntary or because of the lesser perversity of the offender. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 13. MITIGATING CIRCUMSTANCES 1.) those mentioned in the preceding chapter when all the requisites necessary to justify the act are not attendant. 2.) Incomplete self-defense. Unlawful aggression on the part of the victim is an indispensable requisite in order to be entitled from privileged mitigating circumstances (P. v. Mazo, Oct. 17, 2001) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 13. MITIGATING CIRCUMSTANCES 3.) Under eighteen or over seventy years old. 4.) No intention to commit so grave a wrong as that committed. 5.) Sufficient provocation or threat on the part of the offended party immediately preceded the act. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 13. MITIGATING CIRCUMSTANCES 6.) Act was committed in the immediate vindication of a grave offense to the one committing the felony. 7.) Having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 13. MITIGATING CIRCUMSTANCES 8.) Voluntary surrender. Requisites: (1) The offender has not been arrested; (2) he surrendered himself to a person in authority or agent of a person in authority; and (3) his surrender was voluntary. (P. v. Gadia, Sept. 21, 2001) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 13. MITIGATING CIRCUMSTANCES 9.) Offender is deaf and dumb, blind or suffering from physical defects that restrict his means of action, defense or communication. 10.) Such illness of the offender as would diminish the exercise of the will-power of the offender without depriving him of the consciousness of his acts. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 13. MITIGATING CIRCUMSTANCES 11.) Voluntary confession of guilt. Not appreciated where accused appellant merely proposed to the prosecution that he plead guilty to the crime of homicide during the pre-trial for murder, which was rejected by the prosecution. (P. v. Quinicio, Sept. 13,2001) The confession of guilt must be made prior to the presentation of the evidence for the prosecution. (Pagayao v. Imbing., Aug. 15, 2001) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com CHAPTER 4 CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 14. AGGRAVATING CIRCUMSTANCES AGGRAVATING – (Art. 14) those which serves to increase the penalty without exceeding the maximum provided by law because of the greater perversity of the offender as shown by the motivating power of the commission of the crime, the time and place of its commission, the means employed or the personal circumstance of the offender. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 14. AGGRAVATING CIRCUMSTANCES Aggravating when the crime is committed in any or through the following: 1.) advantage by the offender’s public position; 2.) in contempt of or with insult to the public authorities; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 14. AGGRAVATING CIRCUMSTANCES 3.) with insult or disregard of the respect due the offended party (rank, sex, age or if in the offended party’s dwelling; 4.) with abuse of confidence or obvious ungratefulness; 5.) in the palace of the Chief Executive (in his presence, where public are gathered in discharge of their duties, or in places of religious worship); Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 14. AGGRAVATING CIRCUMSTANCES 6.) in night time, or uninhabited place, or by a band); 7.) on the occasion of conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune; 8.) with the aid of armed men to insure or afford impunity; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 14. AGGRAVATING CIRCUMSTANCES 9.) accused is recidivist; 10.) offender has been previously punished by an offense with an equal or greater penalty or for two or more crimes with lighter penalty; 11.) in consideration of a price, reward, or promise; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 14. AGGRAVATING CIRCUMSTANCES 12.) by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of locomotive, or by the use of any other artifice involving great waste and ruin; 13.) with evident premeditation; 14.) employing craft, fraud or disguise; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 14. AGGRAVATING CIRCUMSTANCES 15.) advantage be taken of superior strength, or means employed to weaken the defense; 16.) with treachery; 17.) means employed add ignominy to the natural effects of the act; 18.) after an unlawful entry; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 14. AGGRAVATING CIRCUMSTANCES 19.) a wall, roof, door, or window be broken; 20.) with the aid of persons under fifteen years of age or by mean of motor vehicles, motorized watercrafts, airships or other similar means; and 21.) deliberately augmented by causing other wrong not necessary for its commission. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 14. AGGRAVATING CIRCUMSTANCES Dwelling Aggravating, when the crime is committed in the dwelling of the offended party and the latter has not been given provocation. (People v. Perreras, July 31, 2001) Night time. It is aggravating when the offender specially sought the darkness in order to facilitate the commission of the crime. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 14. AGGRAVATING CIRCUMSTANCES Evident Premeditation. Not to be appreciated where there is neither evidence of planning or preparation to kill nor the time when the plot was conceived. Abuse of superior strength. Use of excessive force out of proportion to the means available to the person attacked to defend himself. The use of force must be deliberate on the part of the malefactor. (People v. Almendras. Dec. 20, 2001) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 14. AGGRAVATING CIRCUMSTANCES Treachery. Exist when the offender commits any of the crimes against person, employing means, methods or forms in the execution thereof which tend directly ands specially to insure its execution with out risk to himself arising form the defense which offended party might make. (People v. Perreras Dec. 5, 2001) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com CHAPTER 5 – ALTERNATIVE CIRCUMSTANCES Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 15. THEIR CONCEPT ALTERNATIVE – (Art. 15) those which are either aggravating or mitigating according to the nature and effects of the crime and other conditions attending to its commission. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 15. THEIR CONCEPT Intoxication. It is mitigating when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony. (People v. Domingo, August 9, 2001) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ARTICLE 15. THEIR CONCEPT Relationship. Considered as generic aggravating circumstances in crimes of rape and acts of lasciviousness. (P. v. Toralba, August 9, 2001) Degree of instruction or education of the offender. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com TITLE TWO PERSONS CRIMINALLY LIABLE FOR FELONIES Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 16 – WHO ARE CRIMINALLY LIABLE? 1.) Who are liable for Grave and Less Grave Felonies? a.) principals; b.) accomplices; and c.) accessories. 2.) Who are liable for Light Felonies? a.) Principals; and b.) Accomplices. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 17 – WHO ARE PRINCIPALS? 1.) Principals Who take Direct part in the Execution of the Act; 2.) Principal Who directly Forces or Induces Others to Commit a Crime; and 3.) Principals Who cooperate in the Commission of the Offense by Another Act without which it would not have been accomplished. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 18 – WHO ARE ACCOMPLICES? Those who not being included in Article 17, cooperate in the execution of the offense by previous or simultaneous acts. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 19 – WHO ARE ACCESSORIES? 1.) those who have knowledge in the commission of the crime; 2.) take part subsequent to its commission in any of the following manner: a.) by profiting themselves or assisting the offender to profit from the effects of the crime; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 19 – WHO ARE ACCESSORIES? b.) by concealing or destroying the body of the crime or the effects or instruments thereof, in order to prevent its discovery; c.) by harboring, concealing, or assisting in the escape of the principal of the crime if he acts with abuse of public functions or when the author of the crime is guilty of treason, parricide, murder or an attempt to take the life of the Chief Executive or is known to be habitually guilty of some other crime. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 20 – EXCEMPTED ACCESSORIES spouse, ascendants, descendants, legitimated, natural and adopted brothers and sisters, or relatives by affinity within the same degrees. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com TITLE THREE PENALTIES CHAPTER 1 - PENALTIES IN GENERAL Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com Chapter 1-PENALTIES IN GENERAL PENALTY DEFINED - In its general sense, penalty signifies pain; in its juridical sphere , penalty means the suffering undergone, because of the action of society, by one who commit a crime. Hence, penalty is imposed only after a conviction in a criminal action. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com Chapter 1-PENALTIES IN GENERAL JURIDICAL CONDITIONS OF PENALTY 1.) Must be productive of suffering but the limit is the integrity of human personality; 2.) Must proportionate to the crime in the sense that different penalties are prescribed for different felonies; 3.) Must be personal as must be imposed only upon the criminal and no other; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com Chapter 1-PENALTIES IN GENERAL 4.) Must be legal it must be in consequence of a judgment according to law; 5.) Must be certain so that one cannot escape from it; 6.) Must be equal in the sense that it applies to all persons regardless of circumstances; 7.) Must be correctional. (Serve as Visit For more Pdf's Books deterrence to others) or Exemplary; Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com Chapter 1-PENALTIES IN GENERAL PURPOSE OF THE STATE IN PUNISHING CRIMES -For justice, because the State has an existence of its own maintain a conscience to assert and moral principles to vindicate. Penal justice rests primarily on the moral rightfulness of the punishment imposed.Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com Chapter 1-PENALTIES IN GENERAL CONSTITUTIONAL LIMITATIONS ON PENALTIES 1.)Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted; 2.) Death penalty shall not be imposed, unless, for compelling reasons involving heinous crimes. Congress shall provide for it. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 21 – WHAT PENALTIES MAY BE IMPOSED? Only those provided by law prior to the commission of a felony Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 22 – RETROACTIVITY OF PENAL LAWS Except if favorable to the accused who is not a habitual criminal. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 23 – EFFECT OF PARDON BY THE OFFENDED PARTY ON THE PROSECUTION OF THE OFFENDER. 1.) The criminal action in public crimes is not extinguished. 2.) Regarding private Crimes (Arts. 333 to 343) Criminal Liability is extinguished. 3.) The civil liability with respect to the interest of the injured party in any crime, whether public or private, is extinguished by express waiver. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 24 – MEASURES OF PREVENTION OR SAFETY ARE NOT CONSIDERED PENALTIES Detention due to: a.) Insanity, imbecility, illness requiring confinement at hospital; b.) Commitment of a minor in accordance with P. D. 603 as amended; c.) Suspension from public office during trial or in-order to institute the action is not a penalty because it is not imposed in a judicial proceeding; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 24 – MEASURES OF PREVENTION OR SAFETY ARE NOT CONSIDERED PENALTIES d.) Fines and other corrective measures imposed by superior officers upon their subordinate in the exercise of administrative or disciplinary powers. e.) Deprivation of rights and reparations which the civil law establishes in penal form. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com CHAPTER 2 CLASSIFICATION OF PENALTIES Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 25 – CLASSIFICATION OF PENALTIES UNDER THE R.P.C. 1.) Principal – that provided by law for a felony and which is imposed by the court expressly by court expressly upon conviction 2.) Accessory – that deemed included in the imposition of the principal penalty. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 25 – CLASSIFICATION OF PENALTIES UNDER THE R.P.C. WHAT PENALTIES MY EITHER BE PRINCIPAL OR ACCESSORY? 1.) Perpetual or temporary absolute disqualification; 2.) Perpetual or temporary special disqualification; and 3.) Suspension Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 25 – CLASSIFICATION OF PENALTIES UNDER THE R.P.C. SCALE OF PRINCIPAL PENALTIES: 1.) Capital Punishment – Death 2.) Afflictive Penalties a.) reclusion perpetua b.) reclusion temporal c.) perpetual or temporary absolute disqualification d.) perpetual or temporary special disqualification e.) prision mayor Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 25 – CLASSIFICATION OF PENALTIES UNDER THE R.P.C. 3.) Correctional Penalties a.) prision correccional b.) arresto mayor c.) suspension d.) destierro Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 25 – CLASSIFICATION OF PENALTIES UNDER THE R.P.C. 4.) Light Penalties a.) arresto menor b.) public censure 5.) Penalties common to the three preceding classes a.) fine, and b.) bond to keep peace Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 25 – CLASSIFICATION OF PENALTIES UNDER THE R.P.C. ACCESSORY PENALTIES 1.) perpetual or temporary absolute disqualification 2.) perpetual or temporary special disqualification 3.) suspension from public office, the right to vote and be voted for, the profession or calling 4.) civil interdiction 5.) indemnification 6.) forfeiture or confiscation of instruments and proceeds of the offense For more Pdf's Books 7.) payment ofVisit cost Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com CHAPTER 3 – DURATION AND EFFECTS OF PENALTIES Visit For more Pdf's Books Pdfbooksforum.com ART. 26 – WHEN IS FINE AFFLICTIVE, CORRECTIONAL OR LIGHT? Visit For more Pdf's Books Pdfbooksforum.com 1.) Afflictive – more than P6,000.00 2.) Correctional – not less than P200.00 but than 6,000.00 3.) Light – less than P200.00 Visit For more Pdf's Books Pdfbooksforum.com not more Visit For more Pdf's Books Pdfbooksforum.com ART. 27 – DURATION OF PENALTIES RECLUSION PERPETUA – after serving 30 years, the convict may be pardoned; RECLUSION TEMPORAL – 12 years and 1 day to 20 years; PRISION MAYOR AND TEMPORARY DISQUALIFICATION – 6 years and 1 day to 12 years; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 27 – DURATION OF PENALTIES PRISION CORRECTIONAL, DESTIERRO, SUSPENSION – 6 months and 1 day to 6 years. ARRESTO MAYOR – 1 month and 1 day to 6 months; ARRESTO MENOR – 1 day to 30 days; and BOND TO KEEP THE PEACE – such period of time as the may require. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 28 – COMPUTATION OF PENALTIES -If the offender shall be on prison, the terms of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 29 – OFFENDERS ENTITLED TO A DEDUCTION OF THEIR PREVENTIVE IMPRISONMENT FROM THE TERM OF IMPRISONMENT. -If the detention prisoner agrees voluntarily in writing to abide the same disciplinary rules imposed on convicted prisoners, except in the following cases; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 29 – OFFENDERS ENTITLED TO A DEDUCTION OF THEIR PREVENTIVE IMPRISONMENT FROM THE TERM OF IMPRISONMENT. 1.) he/she is a recidivist or convicted twice or more times of any crime; 2.) when summoned for the execution of his/her sentence failed to surrender voluntarily. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 30 – EFFECTS OF PERPETUAL OR TEMPORARY ABSOLUTE DISQUALIFICATION. 1.) Deprivation of any public office or employment of the offender; 2.) Deprivation of the right to vote in any election or to be voted upon 3.) Disqualification for any public office and for the exercise of any rights mentioned; and 4.) Loss of rights to retirement pay or pension. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 31 – EFFECTS OF PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION FOR PUBLIC OFFICE, PROFESSION OR CALLING. Deprivation of the office, employment, profession or calling affected; Disqualification for holding similar offices or employment’s during the period of disqualification. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 32 – EFFECTS OF PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION FOR THE EXERCISE OF RIGHT SUFFRAGE. Deprivation of the right to vote or be elected to an office. Cannot hold any public office during the period of disqualification. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 33 – EFFECTS OF SUSPENSION FROM PUBLIC OFFICE, PROFESSION OR RIGHT OF SUFFRAGE. 1.) Disqualification from holding such office or the exercise of such profession or right of suffrage during the term of the sentence; 2.) Cannot another office having similar functions during the period of suspension. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 34 – EFFECTS OF CIVIL INTERDICTION 1.) parental authority; 2.) guardianship over the ward 3.) marital authority; 4.) right to manage his property and to dispose of the same by an act inter vivo. 5.) Civil interdiction is an accessory penalty to the following principal penalties: a) Art. 40 Reclusion Perpetua b.) Art. 41 ReclusionVisit Temporal. For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 35 – BOND TO KEEP THE PEACE Offender presents two sufficient sureties who shall undertake that he will not commit the offense sought to be prevented and in case such offense is committed, the shall pay the amount determined by the court, or deposit may be made by the offender to guarantee such undertaking; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 35 – BOND TO KEEP THE PEACE If the offender cannot give the bond, he may be detained for a period not exceeding 6 months if prosecuted for grave or less felony or for a period not to exceed 30 days, for a light felony. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 36 – EFFECTS OF PARDON BY THE CHIEF EXECUTIVE 1.) An absolute pardon extinguishes the criminal liability of the offender (Art. 89, par. 3); 2.) It does exempt the offender from the payment of the civil indemnity imposed in the sentenced. (Art. 36); 3.) It does not restore the right to hold public office or the right of suffrage unless such rights are expressly restored by the terms of the pardon. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 36 – EFFECTS OF PARDON BY THE CHIEF EXECUTIVE EXEMPTIONS/LIMITATIONS Such power does not extend to cases of impeachment; In election offenses, it can be exercised only upon prior recommendation of the COMELEC. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 37 – WHAT ARE INCLUDED IN COSTS? 1.) Fees, indemnities in the course of judicial proceedings; 2.) Such may be fixed amounts already determined by law or regulations or amounts subject to schedule. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 38 – PECUNIARY LIABILITIES OF THE OFFENDER 1.) Reparation of the damaged caused; 2.) Indemnification of consequential damages; 3.) Fine; and 4.) Costs of the proceedings. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 39 – RULES GOVERNING SUBSIDIARY IMPRISONMENT Penalty imposed is prision correccional or arresto and fine – subsidiary imprisonment (a) not exceed1/3 of the term of the sentence; and (b) not to continue longer than one (1) year. Fraction or part of a day is not counted. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 40 – PENALTIES IN WHICH OTHER ACCESSORY PENALTIES ARE INHERENT (ART. 40-44) 1.) Reclusion Perpetua & Reclusion Temporal a.) Civil Interdiction; b.) Absolute perpetual disqualification unless expressly remitted in the pardon; (Art.41) 2.) Prision Mayor a.) Temporary absolute disqualification and b.) Perpetual special disqualification from right suffrage unless expressly remitted in the pardon. (Art. 42) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 40 – PENALTIES IN WHICH OTHER ACCESSORY PENALTIES ARE INHERENT (ART. 40-44) 3.) Prision Correccional a.) Suspension from public office, right to follow a profession or calling; b.) Perpetual special disqualification from suffrage if duration of imprisonment exceeds 18 months unless expressly remitted in the pardon. (Art. 43) 4.) Arresto a.) Suspension of the right to hold office and suffrage during the term of the sentence. (Art. 44) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 45 – CONFISCATION OF PROCEEDS OR INSTRUMENTS OF CRIME 1.) The accessory penalty is concluded in every penalty imposed for the commission of a crime; 2.) Confiscation in favor of the government; 3.) Property of third person not liable for the offense is not subject for confiscation; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 45 – CONFISCATION OF PROCEEDS OR INSTRUMENTS OF CRIME 4.) Property not subject of lawful commerce though it belongs to a third person shall be destroyed; 5.) If the government (trial court) did not order any confiscation of the proceeds of the crime, the government cannot appeal as that would increased the penalty already imposed and the defendant would be placed in double Visit For more Pdf's Books jeopardy. Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com CHAPTER 4 APPLICATION OF PENALTIES Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 46 – PENALTY OF PRINCIPAL IN CONSUMATED FELONY The penalty provided by law; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 47 – WHEN DEATH PENALTY IS NOT IMPOSED 1.) When the guilty person is more than 70 yrs. of age; 2.) When upon appeal or revision of the case by the Supreme Court eight (8) justices are unanimous in the voting as to propriety of the imposition of the death penalty; 3.) When the offender is a minor under 18 yrs. of age. 4.) When the offender is a pregnant woman. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 48 – WHAT IS THE PENALTY FOR COMPLEX CRIME? 1.) The penalty for the most serious offense 2.) Compound Crime 3.) Complex Crime Proper Compound Crime is one where a single act produces two or more crimes. Complex Crime is one where the offender has to commit an offense as a necessary means for the commission of another offense. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 48 – WHAT IS THE PENALTY FOR COMPLEX CRIME? Composite Crime/special Complex Crime is one, which substance is made up of more than one crime, but which in the eyes of the law is only a single indivisible offense. Ex. Robbery with Homicide. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 48 – WHAT IS THE PENALTY FOR COMPLEX CRIME? Continued Crime is one where the offender performs a series of act violating one and the same penal provision committed at the same place and about the same time for the same criminal purpose, regardless of a series of acts done, it is regarded in a law as one. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 49 – PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE CRIME COMMITTED IS DIFFERENT FROM THE INTENDED 1.) If the penalty of the felony committed be higher than the penalty for the offense which the accused intended to commit, the lower penalty shall be imposed in its maximum period; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 49 – PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE CRIME COMMITTED IS DIFFERENT FROM THE INTENDED 2.) If the penalty of the felony committed be lower than the penalty for the offense which the accused intended to commit, the lower penalty shall be imposed in its maximum period; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 49 – PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE CRIME COMMITTED IS DIFFERENT FROM THE INTENDED 3.) If the committed also constitutes an attempt or frustration of another crime, and the law prescribes a higher penalty for either of the latter, the penalty for the attempted or frustrated crime shall Visit For more Pdf's Books be imposedPdfbooksforum.com in its maximum period. Visit For more Pdf's Books Pdfbooksforum.com ART. 50 – PENALTY FOR PRINCIPAL IN FRUSTRATED FELONY -One (1) degree lower than that prescribed for consummated felony. ART. 51 – PENALTY FOR PRINCIPAL IN ATTEMPTED FELONY -Two (2) degree lower than that prescribed for consummated felony. ART. 52 – PENALTY FOR ACCOMPLICE OF A CONSUMMATED FELONY -One (1) degree lower than that prescribed for a consummated felony Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 53 – PENALTY FOR ACCESSORY OF A CONSUMMATED FELONY -Two (2) degrees lower than that prescribed for a consummated felony ART. 54 – PENALTY FOR ACCOMPLICE OF A FRUSTRATED FELONY -One (1) degree lower than that prescribed for a frustrated felony ART. 55 – PENALTY FOR ACCESSORY OF A FRUSTRATED FELONY -Two (2) degrees lower than that prescribed for a frustrated felony Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 56 – PENALTY FOR ACCOMPLICE OF AN ATTEMPTED FELONY -One (1) degree lower than that prescribed for an attempted felony ART. 57 – PENALTY FOR ACCESSORY OF AN ATTEMPTED FELONY -Two (2) degrees lower than that prescribed for an attempted felony. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 58 – ADDITIONAL PENALTY UPON ACCESSORIES COVERED BY PAR. 3 ART. 19, WHO SHOULD ACT WITH ABUSE OF PUBLIC FUNCTIONS 1.) If the principal is guilty of a grave felony, absolute perpetual disqualification; 2.) If the principal is guilty of a grave felony – absolute temporary disqualification; and 3.) Light felonies are not included because in such felonies, accessories are not liable. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 59 – PENALTY FOR IMPOSSIBLE CRIMES 1.) Arresto mayor or a fine from 200 to 500; 2.) In its imposition the court considers the social danger and the degree of criminality shown by the offender; and 3.) The penalty cannot apply if the act performed would constitute a light felony Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 60 – EXCEPTIONS TO THE RULES ESTABLISHED IN ARTICLES 50 TO 57 When the law expressly prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 61 – RULES OF GRADUATING PENALTIES 1.) When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degree shall be that immediately following that indivisible penalty in the respective graduated scale prescribed in Article 71 of this code. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 61 – RULES OF GRADUATING PENALTIES 2.) When the penalty prescribed for the crime is composed of two indivisible penalties or of one or more divisible penalties to be imposed to their full extent, the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the respective graduated scale. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 61 – RULES OF GRADUATING PENALTIES 3.) When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of another divisible penalty, the penalty next lower in degree shall be composed of the medium and minimum periods of the proper divisible penalty and the maximum period of that immediately following in said respectiveVisitgraduated scale. For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 61 – RULES OF GRADUATING PENALTIES 4.) When the penalty prescribed for the crime is composed of several periods, corresponding to different divisible penalties, the penalty net lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following, which shall be taken from the penalty prescribed, if possible; otherwise from the penalty immediately following in the above mentioned respective graduated scale. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 61 – RULES OF GRADUATING PENALTIES 5.) When the law prescribes a penalty for a crime in some manner not specially provided for in the four preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon those guilty as principals of the frustrated felony, or of attempt to commit the same, and upon accomplices and accessories. Visit For more Pdf's Books Pdfbooksforum.com Penalty to be imposed upon: Visit For more Pdf's Books The principal in an attempted crime, the Pdfbooksforum.com Penalty Prescribed for the Crime The principal in a frustrated crime and the accomplice in a consummated crime. First Case Death Reclusion perpetua Reclusion temporal 2 nd Case Reclusion perpetua to death Reclusion temporal Prision mayor 3 rd Case Reclusion temporal in its maximum period to death Prision mayor in its maximum period to reclusion temporal in its medium period Prision correccional in its maximum to prision mayor in it medium period Arresto mayor in its maximum to prision correccional in its medium period Fine and arresto mayor in its minimum and medium periods 4 th Case Prision mayor in its maximum period to reclusion temporal in its medium Prision correccional in its maximum period to prision mayor in its medium period Arresto mayor in its maximum period to prision correccional in its medium period Fine and arresto mayor in its minimum and medium periods Fine accessory in the consummated crime, and the accomplices in a frustrated crime. Visit For more Pdf's Books Pdfbooksforum.com The accessory in a frustrated crime, and the accomplices in an attempted crime. The accessory in an attempted crime. Prision mayor Prision correccional Prision correccional Arresto mayor Visit For more Pdf's Books Pdfbooksforum.com ART. 62 – EFFECT OF THE ATTENDANCE OF MITIGATING OR AGGRAVATING CIRCUMSTANCES AND OF HABITUAL DELINQUENCY ART. 63 – RULES FOR APPLICATION OF INDIVISIBLE PENALTIES (Pls. refer to Textbook) ART. 64 – RULES FOR THE APPLICATION OF PENALTIES WHICH CONTAIN THREE PERIODS Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 65 – RULE IN CASES IN WHICH THE PENALTY IS NOT COMPOSED OF THREE PERIODS (Note: the rules in the proceeding article shall govern) ART. 66 – IMPOSITION OF FINES -The courts may fix any amount within the limits established by law. ART. 67 – PENALTY TO BE IMPOSEDWHEN NOT ALL THE REQUISITES OF EXEMPTION OF THE FOURTH (4th) CIRCUMSTANCES OF ART. 12 ARE PRESENT: (Pls. see Textbook) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 68 – PENALTY TO BE IMPOSED UPON A PERSON UNDER EIGHTHEEN (18) YRS. OF AGE (Pls. refer to P.D. 603 as Amended) ART. 69 – PENALTY TO BE IMPOSED WHEN THE CRIME COMMITTED IS NOT WHOPLLY EXCUSABLE (Note: Unlawful aggression is indispensable in self-defense, defense of relatives and defense of stranger) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 70 – SUCCESSIVE SERVICE OF SENTENCES (Note: In no case shall a convicted be required to serve more than forty-(40) yrs. in jail) See also the three-fold rule. ART. 71 – GRADUATED SCALES (Pls. refer to the text ART. 72 – PREFERENCE IN THE PAYMENT OF THE CIVIL LIABILITES (First come first serve basis, beginning with the dates in order of time) of conviction) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 73 – PRESUMPTION IN REGARD TO THE IMPOSITION OF ACCESSORY PENALTIES (The are considered or must be understood that the accessory penalties are also imposed upon the convict) ART. 74 – PENALTY HIGHER THAN RECLUSION PERPETUA IN CERTAIN CASES (Note: The penalty higher than reclusion perpetua cannot be death, because the penalty of death must be specifically imposed by law as a penalty for a given crime) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 75 – INCREASING OR REDUCING THE PENALTY OF FINE BY ONE OR MORE DEGREES ART. 76 – LEGAL PERIOD OF DURATION OF DIVISIBLE PENALTIES (Must consist of three (3) periods – Minimum, Medium, and Maximum) Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 77 – WHEN PENALTY IS A COMPLEX ONE COMPOSED OF THE THREE DISTINCT PENALTIES A complex penalty is one prescribed by law composed of three (3) distinct penalties, each forming a period; the lightest of them shall be the minimum, the next the medium, and the more severe the maximum period. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 77 – WHEN PENALTY IS A COMPLEX ONE COMPOSED OF THE THREE DISTINCT PENALTIES Ex. ART. 1114, par. 3, provides a penalty of Prision Mayor to death. The penalty is composed of four distinct penalties, namely Prision Mayor, Reclusion temporal, Reclusion Perpetua and Death. The maximum period must be death, it being indivisible; the medium period must be composed of prision mayor and reclusion temporal. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com CHAPTER 5 - EXECUTION AND SERVICE OF PENALTIES Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 78 – WHEN AND HOW PENALTY IS TO BE EXECUTED 1.) No penalty shall be executed except by virtue of a final judgment; 2.) A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incidents than those expressly authorized thereby; 3.) Only penalty by final judgment can be executed. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 79 – SUSPENSION OF THE EXECUTION AND SERVICE OF THE PENALTIES IN CASE OF INSANITY 1.) When a convict becomes insane or imbecile after final sentence has been pronounce, the execution of said sentence is suspended only as regards the personal penalty; 2.) If he recovers his reason, his sentence shall be executed, unless the penalty has prescribed; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 79 – SUSPENSION OF THE EXECUTION AND SERVICE OF THE PENALTIES IN CASE OF INSANITY 3.) Even if while above provisions shall be observe; and 4.) But the payment of his civil or pecuniary liabilities shall not be suspended. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 80 (This is already amended by P.D 603) ART. 81 – WHEN AND HOW THE DEATH PENALTY IS TO BE EXECUTED - A convict sentenced to death may make a will. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 83 – SUSPENSION OF THE EXECUTION OF THE DEATH SENTENCE 1.) Woman within three years following the date of the sentence; 2.) Woman, while pregnant 3.) Person over 70 years of age; 4.) Convict who becomes insane after final sentenced of death has been pronounced. (See Art. 79) But when he recovers his reason and before the penalty has prescribed, he may be put to death. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 84 – PLACE OF EXECUTION AND PERSONS WHO MAY WITNESS THE SAME It should be at Bilibid or Penitentiary closed to the public view and shall be witnessed only by the parties assisting the offender like the priest, his lawyers and his relatives not exceeding six and by such other persons as the Director of Prisons may authorize. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 85 – PROVISIONS RELATIVE TO THE CORPSE OF THE PERSON EXECUTED AND IT’S BURIAL -The burial of the body of the person sentenced to death should not be held with pomp ART. 86 – RECLUSION PERPETUA, RECLUSION TEMPORAL, PRISION MAYOR CORRECCIONAL AND ARRESTO MAYOR. -These penalties shall be served in the places and penal establishment provided by law in the future Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 87 – DISTIERRO – Not allowed staying in a place where the court not allowed you to stay – not more than 250 kilometers and not less than 25 kilometers. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 87 – DISTIERRO – Not allowed staying in a place where the court not allowed you to stay The penalty is imposed when: 1.) When death or physical injuries is caused or are inflicted under exceptional circumstances (Art. 247) 2.) When a person falls to give bond for good behavior (Art. 284); 3.) As a penalty for the concubine in the crime of concubinage (Art. 334) 4.) When after lowering the penalty degrees, destierro is the proper penalty. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 88 – ARRESTO MENOR 1.) This article provides that the penalty of arresto menor may be served in the house of the defendant. 2.) The grounds are the health of the offender and other reasons satisfactory to the court. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com TITLE FOUR TOTAL EXTINCTION OF CRIMINAL LIABILITY CHAPTER 1 – TOTAL EXTINCTION OF CRIMINAL LIABILITY Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 89 – HOW CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED? 1.) by the death of the convict, as to the personal penalties; and as to the pecuniary penalties, liability therefore is extinguished only when the death of the offender occurs before final judgment; 2.) by service of the sentence; 3.) by amnesty, which completely extinguishes the penalty and all its effects; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 89 – HOW CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED? 4.) by absolute pardon; 5.) by prescription of the crime; 6.) by prescription of the penalty 7.) by the marriage of the offended woman, as provided in Art. 344. RPC Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 90 – PRESCRIPTION OF CRIMES 1.) Death, reclusion perpetua or temporal – 20 years 2.) Afflictive penalties – 15 years 3.) Correctional penalty (except arrestor mayor) – 5 years 4.) Crime of libel – 1 year 5.) Oral defamation and slander by deed – 6 months 6.) Light offenses – 2Pdf's months Visit For more Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 91 – COMPUTATION OF PRESCRIPTION OF OFFENSES 1.) The period of prescription commences to run from the day on which the crime is discovered by the offended party, the authorities or their agents; 2.) It is interrupted by the filing of the complaint or information; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 91 – COMPUTATION OF PRESCRIPTION OF OFFENSES 3.) It commences to run again when such proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to him; and 4.) The term of prescription shall not run when the offender is absent from the Philippines. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 92 – WHEN AND HOW PENALTIES PRESCRIBED 1.) Death and reclusion perpetua prescribed in twenty (20) years; 2.) Other afflictive penalties, in fifteen years; 3.) Correcional penalties, in ten years, with the exemption of the penalty of arresto mayor, which prescribes in five years; and 4.) Light penalties, in one year Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 93 – COMPUTATION OF THE PRESCRIPTION OF PENALTIES ELEMENTS: 1.) That the penalty is imposed by final sentenced; 2.) That the convict evaded the service of the sentence by escaping during the term of his sentence; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 93 – COMPUTATION OF THE PRESCRIPTION OF PENALTIES 3.) That the convict who escaped from prison has not given himself up, or been captured or gone to a foreign country which we have no extradition treaty, or committed another crime; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 93 – COMPUTATION OF THE PRESCRIPTION OF PENALTIES 4.) That the penalty has prescribed, because of the lapse of time from the date of the evasion of the service of the sentence by the convict. Note: The period of prescription of penalties commences to run from the date when culprit evaded the service of his sentence. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com CHAPTER 2 - PARTIAL EXTINCTION OF CRIMINAL LIABILITY Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 94 – PARTIAL EXTINCTION OF CRIMINAL LIABILITY 1.) By conditional pardon; 2.) By commutation of the service of the service of sentence; 3.) For good conduct allowance which the culprit may earn while he is serving his sentence. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 95 – OBLIGATION INCURRED BY A PERSON GRANTED CONDITIONAL PARDON 1.) He must comply strictly with the conditions imposed in the pardon; 2.) Failure to comply with the conditions shall result in the revocation of the pardon, and which results to the order of his arrest and reincarceration; 3.) He becomes liable under Art. 159. This is the judicial remedy. (ART. 159 – Other cases of evasion of service of sentence). Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 96 – EFFECT OF COMMUTATION OF SENTENCE The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 97 – ALLOWANCE FOR GOOD CONDUCT 1.) During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior; 2.) During the third to fifth year, inclusive of his imprisonment, he shall be allowed a deduction of eight days for each month of good behavior; Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 97 – ALLOWANCE FOR GOOD CONDUCT 3.) During the following years until tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten (10) days for each month of good behavior; and 4.) During the eleventh (11) successive years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good behavior. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 98 – SPECIAL TIME ALLOWANCE FOR LOYALTY It is deduction of 1/5 of the period of the sentence of a prisoner, who having evaded the service of his sentence during the calamity or catastrophe mentioned in Art. 158, gives himself up to the authorities within 48 hours following the issuance of the proclamation by the President announcingVisitthe passing away of the For more Pdf's Books Pdfbooksforum.com calamity of catastrophe. Visit For more Pdf's Books Pdfbooksforum.com ART. 99 – WHO GRANTS TIME ALLOWANCE The allowance for good behavior is not an automatic right. It must be granted by the Director of Prisons, and once granted cannot be revoked, and is exclusively vested in the Director of Prisons. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com TITLE FIVE CIVIL LIABILITY CHAPTER 1 – PERSONS CIVILLY LIABLE FOR FELONIES Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 100 – CIVIL LIABILITY OF A PERSON GUILTY OF A FELONY Generally, every person criminally liable for a felony is also civilly liable. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 101 – RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES EXCEPTIONS: There is no civil liability in par. 4 of Art. 12 which provides for injury caused by mere accident; There is no civil liability in par. 7 of Art. Which provided for failure to perform an act required by law when so prevented by Visitor Forinsuperable more Pdf's Books cause. some lawful Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART.102 – SUBSIDIARY CIVL LIABILITY OF INKEEPERS, TAVERN-KEEPERS, AND PROPRIETORS OF ESTABLISHMENT Visit For more Pdf's Books Pdfbooksforum.com ART.102 Visit For more Pdf's Books Pdfbooksforum.com ELEMENTS UNDER PAR. 1: 1.) That the innkeeper, tavern-keeper or proprietor of establishment or his employee committed a violation of municipal ordinance or some general or special police regulation; 2.) That a crime is committed in such inn, tavern or establishment; 3.) That the person criminally liable is insolvent. Visit For more Pdf's Books Pdfbooksforum.com ART.102 Visit For more Pdf's Books Pdfbooksforum.com ELEMENTS UNDER PAR. 2: 1.) The guest notified in advance the innkeeper or the person representing him of the deposit of their good within the inner house; 2.) The guest followed the directions of the innkeeper or his representative with respect to the care of and vigilance over such goods; 3.) Such goods of the guest lodging therein were taken by robbery with force upon things or theft committed within the inn or house. When all the above-elements are present the innkeeper is subsidiary liable. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 103 – SUBSIDIARY CIVIL LIABILITY OF CLEAR PERSONS ELEMENTS: 1.) The employer, teacher, person or corporation is engaged in any kind of industry; 2.) Any of their servants, pupils, workmen, apprentices or employees commits a felony while in the discharge of his duties; 3.) The said employee is insolvent and has not satisfied his civil liability. In this case, when all these elements are present, the employer orVisit teacher subsidiarily liable. For more is Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com CHAPTER 2 - WHAT CIVIL LIABILITY INCLUDES Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 104 – WHAT IS INCLUDED IN CIVIL LIABILITY? 1.) Restitution; 2.) Reparation of the damaged caused; and 3.) Indemnification for consequential damages. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 104 – WHAT IS INCLUDED IN CIVIL LIABILITY? Examples: 1.) Restitution – in theft, the culprit is duty and return the property stolen; 2.) Reparation – in case of inability to return the property stolen, the culprit must pay the value of the property stolen; on case of physical injuries, the reparation of the damaged caused would consist in the payment of hospital bills and doctor’s fees to the offended party; and 3.) Indemnification for consequential damages – the loss of his salary or earning capacity. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART 105 – RESTITUTION ART. 106 – REPARATION ART. 107 INDEMNEFICATION – WHAT IS INCLUDED) Indemnification for consequential damages shall include not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 108 – OBLIGATION TO MAKE RESTORATION, REPARATION FOR DAMAGES, OR INDEMNIFICATION FOR CONSEQUENTIAL DAMAGES & ACTION TO DEMAND THE SAME Visit For more Pdf's Books Pdfbooksforum.com ART. 108 Visit For more Pdf's Books Pdfbooksforum.com 1.) The heir of the person liable has no obligation if restoration is not possible and the deceased left no property. 2.) Civil liability is possible only when the offender dies after final judgment. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 109 – SHARE OF EACH PERSON CIVILY LIABLE If there are two more persons civilly liable for a felony, the Courts shall determine the amount for which each must respond. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 110 SEVERAL AND SUBSIDIARY LIABILITY OF PRINCIPALS, ACCOMPLICES AND ACCESSORIES OF FELONY, PREFERENCE IN PAYMENT. Visit For more Pdf's Books Pdfbooksforum.com ART. 110 Visit For more Pdf's Books Pdfbooksforum.com 1.) Each within their respective class, shall be liable severally (in solidum) among themselves for their quotas, and subsidiarily for those of the other persons liable. 2.) The subsidiary liability shall be enforced, first against the property of principals; next against that of the accessories. Visit For more Pdf's Books Pdfbooksforum.com ART. 110 Visit For more Pdf's Books Pdfbooksforum.com 3.) Whenever the liability in solidum or the subsidiary liability has been enforced, the person by whom payment has been made shall have the right of action against the others for the amount of their respective shares. Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 111 – OBLIGATION TO MAKE RESTITUTION IN A CERTAIN CASE 1.) Any person who has participated gratuitously in the proceeds of a felony shall be found to make restitution in an amount equivalent to the extent of such participation. 2.) The person who participated gratuitously in the proceeds of a felony referred to in this article is not criminally liable; 3.) The person participated gratuitously must not be an accessory. (or violate of the Provisions of P.D 1612Visit – For Anti Fencing Law of 1979) more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com CHAPTER 3- EXTINCTION AND SURVIVAL OF CIVIL LIABILITY Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 112 – EXTINCTION OF CIVIL LIABILITY CIVIL LIABILITY IS EXTINGUISHED IN THE FOLLOWING: 1.) By payment or performance; 2.) By loss of the thing due 3.) By the condonation or remission of the debt; 4.) By the confusion or merger of the rights of creditor and debtor; 5.) By compensation; 6.) By novation Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 113 – OBLIGATION TO SATISFY CIVIL LIABILITY Except in case of extinction of his civil liability as provided in the next proceeding article, the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence, or any other reason.: Visit For more Pdf's Books Pdfbooksforum.com Visit For more Pdf's Books Pdfbooksforum.com ART. 113 – OBLIGATION TO SATISFY CIVIL LIABILITY 1.) While amnesty wipes out all traces and vestiges of the crime it does not extinguish the civil liability of the offender. 2.) A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. (Art. 36. 36, par. 2) Visit For more Pdf's Books Pdfbooksforum.com
