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CRIM1-Notes-Reyes - Criminal Law 1
Bachelor of Law-Major in Juris Prudence (University of Southern Mindanao)
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The Revised Penal Code Book 1
by Luis B. Reyes
LIMITATIONS ON ENACTIING PENAL LAWS
1. No ex post facto law or bill of attainder shall be enacted.
2. No person shall be held to answer for a criminal offense
without due process of law.
ACT NO. 3815
REVISED PENAL CODE
BOOK ONE
PRELIMINARY TITLE. DATE OF EFFECTIVENESS AND
APPLICATION OF THE PROVISIONS OF THIS CODE
TITLE I: FELONIES AND CIRCUMSTANCES WHICH AFFECT
CRIMINAL LIABILITY
CHAPTER 1. FELONIES
CHAPTER 2. JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES WHICH
EXEMPT FROM CRIMINAL
LIABILITY
TITLE II: PERSONS CRIMINALLY LIABLE FOR FELONIES
TITLE III: PENALTIES
CHAPTER 1. PENALTIES IN GENERAL
CHAPTER 2. CLASSIFICATION OF PENALTIES
CHAPTER 3. DURATION AND EFFECT OF
PENALTIES
CHAPTER 4. APPLICATION OF PENALTIES
CHAPTER 5. EXECUTION AND SERVICE OF
PENALTIES
TITLE IV. EXTINCTION OF CRIMINAL LIABILITY
CHAPTER 1. TOTAL EXTINCTION OF CRIMINAL
LIABILITY
CHAPTER 2, PARTIAL EXTINCTION OF
CRIMINAL LIABILITY
TITLE V. CIVIL LIABILITY
CHAPTER 1. PERSONS CIVILLY LIABLE FOR
FELONIES
CHAPTER 2. WHAT CIVIL LIABILITY INCLUDES
CHAPTER 3. EXTINCTION AND SURVIVAL OF
CIVIL LIABILITY
EX POST FACTO LAW is one which:
1. Makes criminal an act done before the passage of the
law and which was innocent when done, and punishes
such an act;
2. Aggravates a crime, or makes it greater than it was when
committed;
3. Changes the punishment and inflicts a greater
punishment than the law annexed to the crime when
committed;
4. Alters the legal rules of evidence, and authorizes
conviction upon less or different testimony than the law
required at the time of commission of the offense;
5. Assumes to regulate civil rights and remedies only, in
effect imposes penalty or deprivation of a right for
something which when done was lawful; and
6. Deprives a person accused of a crime some lawful
protection to which he has become entitled, such as the
protection of a former conviction or acquittal, or a
proclamation of amnesty.
BILL OF ATTAINDER is a legislative act which inflicts punishment
without trial; the substitution of a legislative act for a judicial
determination.
CONSTITUTIONAL RIGHTS OF THE ACCUSED
(As provided for in the Bill of Rights)
1. All persons shall have the right to a speedy disposition of
their cases before all judicial, quasi-judicial, or
administrative bodies. (Sec 16)
2.
No person shall be held to answer for a criminal offense
without due process of law. (Sec 14(1))
3.
All persons, except those
perpetua when evidence of
conviction, be bailable by
released on recognizance as
SPECIAL LAWS
ANTI-FENCING LAW
INDETERMINATE SENTENCE LAW
PROBATION LAW
THE CHILD AND YOUTH WELFARE CODE
JUVENILE JUSTICE AND WELFARE ACT
charged with reclusion
guilt is strong, shall before
sufficient sureties, or be
may be provided by law.
The right to bail shall not be impaired even when the
privilege of writ of habeas corpus is suspended.
Excessive bail shall not be required. (Sec 13)
CRIMINAL LAW is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment.
4.
In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and shall
enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation
against him, to have speedy, impartial, and public trial,
to meet the witnesses face to face, and to have
compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided
that he has been duly notified and his failure to appear
is unjustifiable. (Sec 14(2))
5.
No person shall be compelled to witness against himself.
(Sec 17)
CRIME is an act committed or omitted in violation of a public law
forbidding of commanding it.
SOURCES OF PHILIPPINE CRIMINAL LAW
1. Revised Penal Code (Act No. 3815) and its amendments
2. Special Penal Laws
3. Penal Presidential Decrees
COMMON LAW CRIMES. Body of principles, usages and rules of
action, which do not rest for their authority upon any express and
positive declaration of the will of the legislature
►Common law crimes are not recognized in Philippine jurisdiction.
Unless there is a provision in the penal code or special penal law
that defines and punishes the act, no criminal liability is incurred by
its commission.
Any person under investigation for the commission of an
offense shall have the right to be informed of his right to
remain silent and to have competent and independent
counsel preferably of his own choice.
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The Revised Penal Code Book 1
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If the person cannot afford the services of counsel, he
must be provided with one.

These rights cannot be waived except in writing and in
the presence of counsel. (Sec 12(1))
No torture, force, violence, threat, intimidation, or any
other means which vitiate the free will shall be used
against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are
prohibited. (Sec 12(2))
Any confession or admission obtained in violation of this
or Section 17 hereof shall be inadmissible in evidence
against him. (Sec 12(3))
6.
Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted (Sec 19(1))
7.
No person shall be twice put in jeopardy of punishment
for the same offense. If an act is punished by law and an
ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.
(Sec 21)
8.
Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any
person by reason of poverty.
STATUTORY RIGHTS OF AN ACCUSED
(As provided for in Sec 1, Rule 115 of the Revised Rules on Criminal
Procedure)
1. To be innocent until the contrary is proved beyond
reasonable doubt
2. To be informed of the nature and cause of the
accusation against him
3. To be present and defined in person and by counsel at
every stage of the proceedings, from arraignment to
promulgation of judgment
4.
To testify as a witness in his own behalf but subject to
cross examination. His silence shall not in any manner
prejudice him.
5. To be exempt from being compelled to be a witness
against himself.
6. To confront and cross-examine the witnesses against him
at a trial.
7. To have a compulsory process issued to secure the
attendance of witnesses and production of other
evidence in his behalf.
8. To have a speedy, impartial, and public trial.
9. To appeal in all cases allowed and in the manner
prescribed by law.
►Rights which may be waived are personal (eg right to
confrontation and cross examination), while those rights which
may not be waived involve public interest which may be affected
(eg right to be informed of the nature and cause of the
accusation).
CHARACTERISTICS OF CRIMINAL LAW
A. General
B. Territorial
C. Prospective
A. GENERAL.
►Criminal law is binding on all persons who live and sojourn in
Philippine territory. (Art 12 NCC)
Exceptions
1. Treaties or treaty stipulation
2. Law of preferential application
3. Principles of public international law
1. Treaties and Treaty Stipulation, example
a. Visiting Forces Agreement. It is the membership to the US
Armed Forces and not citizenship which is material in the
VFA.
1) The US shall have the right to exercise within the
Philippines all criminal and disciplinary jurisdiction
conferred on them by the military law of the US over
US personnel in the Philippines;
2) The US exercised exclusive jurisdiction over US
military personnel with regard to offenses relating to
the security of the US punishable under the law of US,
but nor under the law of Philippines;
3) The US shall have primary right to exercise jurisdiction
over US military in relation to:
Offenses solely against the property or
security of the US or offenses solely against
the property or person of US personnel
Offenses arising out of any act or omission
done in performance of official duty
4) Philippines cannot refuse the request of US for waiver
of jurisdiction except if the crime is of national
importance:
 Heinous Crimes under RA 7659
 Child Abuse cases under RA 7610
 Dangerous Drugs cases under RA 9165
2. Laws of Preferential Application
a. RA 75. The following are exempt from arrest and
imprisonment and whose goods or chattel are exempt
from distrain, seizure and attachment are the following:
1) Public Ministers;
2) Ambassadors; and
3) Domestic Servants of Ambassadors and Public
Ministers.

b.
Exceptions: Persons against whom the case is
prosecuted is a
Citizen or inhabitant of the Philippines in
the service of an ambassador or public
minister and the process is founded upon a
debt contracted before he entered upon
such service; and
Domestic servant of an ambassador or
public minister which is not registered with
the DFA
Where the country of the diplomatic
representative affected does not provide
similar
protection
to
diplomatic
representatives of the Philippines.
Warship Rule. A warship of another country even though
docked in the Philippines is considered as an extension of
the territory of their respective country. The same applies
to foreign embassies in the Philippines. Philippine warship
and embassies abroad are deemed extra territories of
the Philippines.
3. Principles of Public International Law. The following are
exempted:
a. Sovereigns and other chiefs of state
b. Charge d’affaires
c. Ambassadors
d. Ministers plenipotentiary; and
e. Ministers resident.
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The Revised Penal Code Book 1
by Luis B. Reyes

Exception. Doctrine of immunity does not apply where
the public official is sued in his private and personal
capacity as an ordinary citizen.
B. TERRITORIAL.
►As a rule, the penal laws of the Philippines are enforceable only
within its territory.
 Article 2. RPC may be enforeced outside of Philippine
jurisdiction against those who:
1. Should commit an offense while on a Philippine ship
or airship;
2. Should forge or counterfeit any coin or currency
note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine
Islands;
3. Should be liable for acts connected with the
introduction into these islands of the obligations and
securities mentioned in the preceding number;
4. While being public officers or employees, should
commit an offense in the exercise of their functions;
or
5. Should commit any of the crimes against national
security and the law of nations, defined in Title One
of Book Two of this Code.
C. PROSPECTIVE.
►A penal law cannot make an act punishable in a manner in
which it was not punishable when committed. Crimes are
punished under the laws in force at the time of their commission.
(Art 366, RPC)
 Exception. Applied retroactively whenever a new statute
dealing with crime establishes conditions more lenient or
favorable to the accused
 Exception to Exception.
a. Where the law is expressly made inapplicable
to pending actions or existing causes of action
b. Where the offender is a habitual criminal
 (Decriminalization) If the new law totally repeals the
existing law so that the act which was penalized under
the old law is no longer punishable, the crime is
obliterated. When the repeal is absolute, the offense
ceases to be criminal.
 Exception to Exception. When the repeal of a penal
law is by reenactment or repeal by implication,
criminal liability is not destroyed.
Habitual Delinquent. If within a period of ten years from the date
of his release or last conviction of the crimes robo, hurto, estafa, or
falsificacion, he is found guilty of any of said crimes a third time or
oftener.
►When the repealing law fails to penalize the offense under the
old law, the accused cannot be convicted under the new law.
CONSTRUCTION OF PENAL LAWS
►Penal laws are strictly construed against the Government and
liberally in favor of the accused. Dubio Pro Reo. Whenever a penal
law admits two interpretation that which is more lenient or
favorable to the offender will be adopted.
►The Spanish text is controlling because RPC was approved by
the Philippine Legislature in Spanish text.
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The Revised Penal Code Book 1
by Luis B. Reyes
PRELIMINARY TITLE
DATE OF EFFECTIVENESS AND APPLICATION
OF THE PROVISIONS OF THIS CODE
ARTICLE 1. Time When Act Takes Effect. — This Code shall take
effect on the first day of January, nineteen hundred and thirtytwo.
September 4, 1884
December 17, 1886
March 13-14, 1887
Four months after
(July 1887)
December 8, 1930
January 1, 1932
Royal Decree ordered that the Penal
Code in force in the Peninsula as
amended in accordance with the
recommendations
of
the
code
committee be published and applied in
the Philippines
Royal Decree ordering the execution of
the Sept 4, 1884 Royal Decree
Publication in the Official Gazette
Became effective
RPC as enacted by the Philippine
Legislature was approved
RPC took effect
TWO BOOKS IN RPC
1. BOOK 1
a. Basic principles affecting criminal liability (Art 1-20)
b. Provisions on penalties including criminal and civil
liability (Art 21-113)
2. BOOK 2
Defines felonies with corresponding penalties
classified and grouped under 14 different titles (Art
114-365)
TWO THEORIES IN CRIMINAL LAW
CLASSICAL THEORY
Basis of criminal liability is free
will
Purpose
of
penalty
is
retribution;
Establishes
a
mechanical
and
direct
proportion between crime
and penalty
Places more stress in the effect
or result of the felonious act
upon the man; Scant regard
to human element
POSITIVIST THEORY
Man is subdued occasionally
by a strange and morbid
phenomenon
which
constrains him to do wrong, in
spite of or contrary to his
volition
It cannot be treated and
checked by the application
of abstract principles of law
and jurisprudence nor by the
imposition of punishment fixed
and determined a priori
Enforcement of individual
measures in each particular
case after a thorough,
personal
and
individual
investigation by a psychiatrists
and social scientists
ARTICLE 2. Application of Its Provisions. — Except as provided in
the treaties and laws of preferential application, the provisions
of this Code shall be enforced not only within the Philippine
Archipelago, including its atmosphere, its interior waters and
maritime zone, but also outside of its jurisdiction, against those
who:
1.
Should commit an offense while on a Philippine ship or
airship;
2.
Should forge or counterfeit any coin or currency note
of the Philippine Islands or obligations and securities
issued by the Government of the Philippine Islands;
3.
Should be liable for acts connected with the
introduction into these islands of the obligations and
securities mentioned in the preceding number;
4.
While being public officers or employees, should
commit an offense in the exercise of their functions; or
5.
Should commit any of the crimes against national
security and the law of nations, defined in Title One of
Book Two of this Code.
►The provisions of the RPC shall be enforced within the Philippine
Archipelago.
 Extraterritoriality. RPC may be enforced outside of
Philippine jurisdiction in certain cases (per Article 2)
1. Should commit an offense while on a Philippine ship
or airship;
2. Should forge or counterfeit any coin or currency
note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine
Islands;
3.
Should be liable for acts connected with the
introduction into these islands of the obligations and
securities mentioned in the preceding number;
4.
While being public officers or employees, should
commit an offense in the exercise of their functions;
or
5.
Should commit any of the crimes against national
security and the law of nations, defined in Title One
of Book Two of this Code.
 Extraterritorial application of RA 9372 or the Human
Security Act of 2007
OFFENSES COMMITTED WHILE ON A PHILIPPINE SHIP OR AIRSHIP
a. MECHANT SHIP OF PHILIPPINE NATIONALITY; registered
with the Philippine Bureau of Customs
1) Within Philippine territory. Philippines has jurisdiction
2) Within high seas, no country has jurisdiction.
Philippines has jurisdiction
3) Within the territory of another country. Other country
has jurisdiction,
 BUT when that foreign country will not take
cognizance of the issue, Philippines can assume
jurisdiction
b.
WARSHIP OR OFFICIAL VESSEL OF THE PRESIDENT OF THE
PHILIPPINES
Extension of the Philippines and its sovereignty, RPC
applies
c.
FOREIGN MERCHANT SHIP OR AIRSHIP
1) Within high seas. Extension of territory of the country
where it belongs, hence, an offense committed on
board a foreign vessel on the high seas is not triable
by Philippine courts
 Continuing crimes. When the forbidden
conditions (continued or) existed during the
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The Revised Penal Code Book 1
by Luis B. Reyes
time the ship was within territorial waters of the
Philippines
2)
ENGLISH RULE. Crimes committed on board a foreign
merchant vessel within Philippine waters is triable in
the Philippines
 Unless they merely affect things within the
vessel or they refer to the internal management
thereof; e. g. mere possession of opium without
using them is not triable in Philippine courts
[FRENCH RULE. Crimes committed aboard
foreign merchant vessels while in the territorial
waters of another country are not triable in the
courts of that country, unless their commission
affects the peace and security of the territory
or the safety of the state is endangered]
TITLE ONE
FELONIES AND CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
CHAPTER ONE
FELONIES
ARTICLE 3. Definition. — Acts and omissions punishable by law
are felonies (delitos).
Felonies are committed not only by means of deceit (dolo) but
also by means of fault (culpa).
There is deceit when the act is performed with deliberate intent;
and there is fault when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill.
FELONIES are acts and omissions punishable by the Revised Penal
Code.
OFFENSES COMMITTED IN THE EXERCISE OF PUBLIC OFFICER/
EMPLOYEE’S FUNCTIONS
a. Direct and indirect bribery
b. Frauds against the public treasury
c. Possession of prohibited interest
d. Malversation of public funds or property
e. Failure of accountable officer to render accounts
f.
Illegal use of public funds or property
g. Failure to make delivery of public funds or property
h. Falsification by a public officer or employee committed
with abuse of his official position
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
1. Treason
2. Conspiracy and proposal to commit treason
3. Espionage
4. Inciting to war and giving motives for reprisals
5. Violation of neutrality
6. Correspondence with hostile country
7. Flight to enemy’s country
8. Piracy and mutiny on the high seas
CRIME is a generic term used to refer to a wrongdoing punished
either under the RPC or special laws; an act committed or omitted
in violation of a public law forbidding or commanding it
OFFENSE is an act or omission that violates a special penal law
MISDEMEANOR is a minor infraction of law.
ELEMENTS OF FELONIES
1. There must be an act or omission
2. The act or omission must be punishable by the RPC
3. The act is performed or the omission incurred by means
of dolo or culpa
ACT is any bodily movement tending to produce some effect in
the external world, it being unnecessary that the same be actually
produced, as the possibility of its production is sufficient; must be
external acts which has direct connection with the felony
intended to be committed
OMISSION is meant inaction, or the failure to perform a positive
duty which one is bound to do as required by law.
NULLUM CRIMEN, NULLA POENA SINE LEGE
There is no crime where there is no law punishing it
CLASSIFICATION OF FELONIES
1. INTENTIONAL FELONIES (DOLO). The acts or omissions are
malicious and that the act is performed with deliberate
intent; the offender has the intention to cause injury to
another
2. CULPABLE FELONIES (CULPA). The act or omission is not
malicious; the injury caused by the offender to another
person is not intentional, it being simply the incident of
another act performed without malice; results from
imprudence, negligence or lack of foresights or lack of
skill
DOLO or MALICE is the intent to do an injury to another.
REQUISITES OF INTENTIONAL FELONIES (DOLO)
1. Freedom. Voluntariness on the part of the person to
commit the act or omission; Lack of freedom makes the
offender exempt from liability
2. Intelligence. Necessary to determine the morality of
human acts, without which, no crime can exist.
3. Intent. Criminal intent and the will to commit; a mental
state which is shown by the overt acts of a person
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The Revised Penal Code Book 1
by Luis B. Reyes
REQUISITES OF CULPABLE FELONIES (CULPA)
1. Freedom
2. Intelligence
3. Imprudence, Negligence, or lack of foresight or skill while
doing the act or omitting to do the act
IMPRUDENCE indicates a deficiency of action; lack of skill; when a
person fails to take the necessary precaution to avoid injury to
person or damage to property
NEGLIGENCE indicates a deficiency in perception; lack of
foresight; when a person fails to pay proper attention and to use
due diligence in foreseeing the injury or damage impending to be
caused
ACTUS NON FACIT REUM, NISI MENS SIT REA
A crime is not committed if the mind of the person performing to
act complained be innocent
►If it is proved that the accused committed the criminal act
charged, it will be presumed that the act was done with criminal
intention and that it is for the accused to rebut this presumption;
The acts from which the presumption springs must be a criminal
act
 When the acts complained of was not unlawful,
presumption of criminal intent does not arise
IGNORANTIA FACTI EXCUSAT
Ignorance or mistake of fact relieves the accused from criminal
liability; an honest mistake of fact destroys the presumption of
criminal intent
 Mistake of fact is not a valid defense in Culpable Felonies
 In error in personae/ mistake of identity, mistake of fact is
does not apply
REQUISITES OF MISTAKE OF FACT
1. That the act done would have been lawful had the facts
been as the accused believed them to be
2. That the intention of the accused in performing the act
should be lawful
3. That the mistake must be without fault or carelessness in
the part of the accused
MALA IN SE V MALA PROHIBITA
MALA IN SE
Wrong from its very nature, or
inherently evil
Generally, punishable under
RPC
Basis of criminal liability is
offenders moral train
Good faith or lack of criminal
intent is a defense
Modifying circumstances are
taken
into
account
in
imposing the penalty
Degree
of
participation
determines
the
penalty
imposable
MALA PROHIBITA
Wrong or evil because there is
a law prohibiting it
Generally, punishable under
special laws
Basis of criminal liability is
offender’s voluntariness
Good faith or criminal intent is
NOT accepted as a defense,
UNLESS this is an element of
the crime
Modifying circumstances are
not considered
Degree of participation does
not affect liability, hence,
principals, accomplices and
accessories have the same
penalty
Penalized
only
when
consummated
Generally does not involve
moral turpitude
There is no division of penalties
Stage of accomplishment
affects the penalty imposed
Generally involved moral
turpitude
Penalties may be divided into
degrees and periods
►Special Laws are considered mala prohibita.


When such special law is an amendment to the RPC
When acts are inherently immoral, they are mala in se,
even if punished under special law
INTENT V MOTIVE
INTENT
The purpose to use a
particular means to effect
such result
An element of the crime,
except
in
unintentional
felonies (culpa)
Essential in intentional felonies
MOTIVE
The moving power which
impels one to action for a
definite result
Not an element of the crime,
need not be proved
Essential only when the
identity of the perpetrator is in
doubt
WHEN MOTIVE IS RELEVANT
1. Motive is essential only when there is doubt as to the
identity of the assailant. It is immaterial when the
accused has been positively identified.
2. Where the identification of the accused proceeds from
an unreliable source and the testimony is inconclusive
and not free from doubt
3. in ascertaining the truth between two antagonistic
theories
4. where there are no eyewitnesses to the crime and where
suspicion is likely fall upon a number of persons
5. if evidence is merely circumstantial
►Proof (and existence) of motive alone is not sufficient to support
a conviction
►Lack of motive may be an aid in showing the innocence of the
accused.
ARTICLE 4. Criminal Liability. — Criminal liability shall be
incurred:
1. By any person committing a felony (delito) although
the wrongful act done be different from that which he
intended.
2. By any person 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.
►A person committing a felony by means of dolo is criminally liable
although the wrongful acts done is different from that which he
intended. A person who performs a criminal act is responsible for
all the consequences of said act regardless of intention.
EL QUE ES CAUSA DE LA CAUSA ES CAUSA DEL MAL CAUSADO
He who is the cause of the cause is the cause of the evil caused
REQUISITES, ARTICLE 4 PAR 1
1. That an intentional felony has been committed
 Exceptions
a. When the act or omission is not punishable by
the RPC
b. When the act is covered by any of the justifying
circumstances under Art 11
2. That the wrong done to the aggrieved party be the
direct, natural and logical consequence of the felony
committed by the offender
the felony committed is the proximate cause of the
resulting injury
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The Revised Penal Code Book 1
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CAUSES WHICH MAY PRODUCE A RESULT DIFFERENT FROM WHAT THE
OFFENDER INTENDED
1. ERROR IN PERSONAE. Mistake in the identity of the victim.
2. ABBERATIO ICTUS. Mistake by blow.
3. PRAETER INTENTIONEM. Injurious result is greater than that
intended.
►Any person who creates in another’s mind an immediate sense
of danger, which causes the latter to do something resulting in the
latter’s injuries, is liable for the resulting injuries. (eg woman jumped
out of a jeepney and dies during is hold-up incident)
►Victim is under no obligation to submit to medical operation to
relieve the accused from the natural and ordinary results of his
crime.
PROXIMATE CAUSE is that cause which, in natural and continuous
sequence, unbroken by any efficient intervening cause, produces
the injury, and without which the result would not have occurred.
WHEN FELONY IS NOT THE PROXIMATE CAUSE
a. There is an active force that intervened between the
felony committed and the resulting injury, and the active
force is a distinct act or fact absolutely foreign from the
felonious act of the accused; or
b. The resulting injury is due to the intentional act of the
victim.
REQUISITES, WHEN DEATH IS PRESUMED AS A NATURAL
CONSEQUENCE OF PHYSICAL INJURIES INFLICTED
1. The victim at the time the physical injuries were inflicted
was in normal health
2. Death may be expected from the physical injuries
inflicted
3. Death ensued within reasonable time
REQUISITES, WHEN THE FELONY IS NOT THE PROXIMATE CAUSE OF THE
RESULTING INJURY
1. There is an active force that intervened between the
felony committed and the resulting injury, and the active
force is distinct act or fact absolutely foreign from the
felonious act of the accused; or
2. The resulting injury is due to the intentional act of the
victim
IMPOSSIBLE CRIME, REQUISITES
1. That the act performed would be an offense against
persons or property
2. That the act was done with evil intent
3. That its accomplishment is
a. inherently impossible, or
b. that the means employed is either inadequate or
c. (the means employed is) ineffectual,
4. That the act performed should not constitute a violation
of another provision in the RPC
FELONIES AGAINST PERSONS
a. Parricide
b. Murder
c. Homicide
d. Infanticide
e. Abortion
f.
Duel
g. Physical injuries
h. Rape
FELONIES AGAINST PROPERTY
a. Robbery
b. Brigandage
c.
d.
e.
f.
g.
h.
i.
Theft
Usurpation
Culpable Insolvency
Swindling and other deceipts
Chattel mortgage
Arson and other crimes involving destruction
Malicious mischief
A. INHERENT IMPOSSIBILITY OF ITS ACCOMPLISHMENT
1. The act intended by the offender is by its nature one of
impossible accomplishment
2. There must be Legal Impossibility or Physical Impossibility
B. EMPLOYMENT OF INADEQUATE MEANS
(e.g. amount of poison used to kill another was not enough)
C. EMPLOYMENT OF INEFFECTUAL MEANS
(e.g. used salt instead of poison arsenic)
ARTICLE 5. Duty of the Court in Connection with Acts Which
Should Be Repressed but Which are Not Covered by the Law,
and in Cases of Excessive Penalties. — Whenever a court has
knowledge of any act which it may deem proper to repress and
which is not punishable by law, it shall render the proper
decision, and shall report to the Chief Executive, through the
Department of Justice, the reasons which induce the court to
believe that said act should be made the subject of penal
legislation.
In the same way the court shall submit to the Chief Executive,
through the Department of Justice, such statement as may be
deemed proper, without suspending the execution of the
sentence, when a strict enforcement of the provisions of this
Code would result in the imposition of a clearly excessive
penalty, taking into consideration the degree of malice and the
injury caused by the offense.
PARAGRAPH 1
The act committed by the
accused
appears
not
punishable by law
But the court deems it proper
to repress such act
PARAGRAPH 2
The court finds the accused
guilty
The penalty provided by law
appears
to
be
clearly
excessive because
a. the accused acted with
lesser degree of malice
and/or
b. there is no injury or the injury
caused is of lesser gravity
The court must dismiss the
case and acquit the accused
The court should not suspend
the execution of the sentence
Judge will make a report to
Chief Executive through SOJ
stating the reasons which
induce him to believe that the
said act should be made the
subject of penal legislation
Judge should submit a
statement to the Chief
Executive through the SOJ
recommending
executive
clemency
ARTICLE 6. Consummated, Frustrated, and Attempted Felonies.
— Consummated felonies, as well as those which are frustrated
and attempted, are punishable.
A felony is consummated when all the elements necessary for
its execution and accomplishment are present; and it is
frustrated when the offender performs all the acts of execution
which would produce the felony as a consequence but which,
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nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.
There is an attempt when the offender commences the
commission of a felony directly by overt acts, and does not
perform all the acts of execution which should produce the
felony by reason of some cause or accident other than his own
spontaneous desistance.
STAGES OF COMMITTING A CRIME
1. INTERNAL ACTS. Mere ideas in the minds of a person, are
not punishable, even if had they been carried out, they
would constitute a crime.
2. EXTERNAL ACTS.
a. PREPARATORY ACTS. Ordinarily, they are not
punishable
 Except when the law provides for their
punishment
b. ACTS OF EXECUTION. Punishable under RPC
1) ATTEMPTED FELONY. When the offender
commences the commission of a felony directly
by overt acts, and does not perform all the acts
of execution which should produce the felony
by reason of some cause or accident other
than his own spontaneous desistance.
2)
3)
FRUSTRATED FELONY. 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 causes independent of the will of the
perpetrator,
CONSUMATED FELONY. When all the elements
necessary
for
its
execution
and
accomplishment are present.
ELEMENTS OF ATTEMPTED FELONY
1. The offender commences the commission of the felony
directly by overt acts
external acts have direct connection with the crime
intended to be committed, should be mere
preparatory acts
2. He does not perform all the acts of execution which
should produce the felony
3. The offender’s act is not stopped by his own spontaneous
desistance
4. The non-performance of all acts of execution was due to
cause or accident other than his spontaneous
desistance
OVERT ACTS. Some physical activity or deed, indicating the
intention to commit a particular crime, more than a mere planning
or preparation, which if carried to its complete termination
following its natural course, without being frustrated by external
obstacles nor by the voluntary desistance of the perpetrator will
logically and necessarily ripen into a concrete offense
e.g. Buying a poising is a preparatory activity. Poison may be used
for some other purpose other than killing somebody, and buying
may not prove criminal intent. Mixing it with a person’s food is an
overt act.
INDETERMINATE OFFENSE. Where the purpose of the offender in
performing an act is not certain. Its nature in relation to its objective
is ambiguous.
PHASES OF A FELONY
a. SUBJECTIVE PHASE. It is that portion of the acts
constituting the crime, starting from the point where the
b.
offender begins the commission of the crime to that point
where he has still control over his acts including their
natural course.
OBJECTIVE PHASE.
►In an attempted felony, the offender never passes the subjective
phase of the offense. In a frustrated felony, the offender has
reached the Objective Phase.
ELEMENTS OF FRUSTRATED FELONY
a. The offender performs all the acts of execution
b. All the acts performed would produce the felony an a
consequence
c. Bu the felony is not produced
d. By reason of causes independent of the will of the
perpetrator
ARTICLE 7. When light felonies are punishable. - Light felonies
are punishable only when they have been consummated, with
the exception of those committed against person or property.
LIGHT FELONIES are those infractions of law for the commission of
which the penalty of arresto menor (one to thirty days) or a fine
not exceeding P200, or both, is provided.
►Light felonies are punishable only when they have been
consummated
 Light felonies are punishable even if attempted or
frustrated when committed against persons or properties.
LIGHT FELONIES PUNISHED BY RPC
a. Against person
1. Slight Physical Injuries and maltreatment
b.
Against property
1. Theft by hunting or fishing or gathering fruits, cereal
or other forest or farm products upon an inclosed
estate or field where trespass is forbidden and the
value of the thing stolen does not exceed P5.00
2. Theft where the value of the stolen property does
not exceed P5.00 and the offender was prompted
by hunger, poverty, or the difficulty of earning a
livelihood
3. Alteration of boundary marks
4. Malicious mischief where the damage is not more
than P200.00 or if it cannot be estimated
ARTICLE 8. Conspiracy and proposal to commit felony. Conspiracy and proposal to commit felony are punishable only
in the cases in which the law specially provides a penalty
therefor.
A conspiracy exists when two or more persons come to an
agreement concerning the commission of a felony and decide
to commit it.
There is proposal when the person who has decided to commit
a felony proposes its execution to some other person or
persons.
CONSPIRACY. When two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.
►Conspiracy and proposal to commit felony are not punishable.
 They are punishable only in cases in which the law
specially provides a penalty therefore.
MERE CONSPIRACY PUNISHED BY RPC
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1.
2.
3.
4.
Conspiracy to commit treason
Conspiracy to commit coup d’ etat, rebellion or
insurrection
Conspiracy to commit sedition
Monopolies and combinations in restraint of trade
a. To restraint trade or commerce or to prevent by
artificial means free competition in the market
b. Making
transactions
prejudicial
to
lawful
commerce, or of increasing the market price of any
such merchandise
MERE PROPOSAL PUNISHED BY RPC
1. Proposal to commit treason
2. Proposal to commite coup d’ etat, rebellion or
insurrection
►When the crime is actually committed, the offenders are liable
for the crime and the conspiracy is only a manner of incurring
criminal liability and is not punishable as a separate offense.
REQUISITES OF CONSPIRACY
1. Two or more persons came to an agreement (there must
be meeting of the minds)
2. The agreement concerned the commission of a felony,
and
3. The execution of a felony is decided upon
REQUISITES OF PROPOSAL
1. That a person has decided to commit a felony, and
2. That he proposes its execution to some other person or
persons.
NO CRIMINAL PROPOSAL WHEN
1. The person who proposes is not determined to commit
the felony
2. There is no decided, concrete and formal proposal
3. It is not the execution of a felony that is proposed
►It is not necessary that the person to whom the proposal is made
agrees to commit treason or rebellion. When the person to whom
the proposal is made agrees, it may be conspiracy because there
would be an agreement to commit it.
ARTICLE 9. Grave felonies, less grave felonies and light felonies.
- Grave felonies are those to which the law attaches the capital
punishment or penalties which in any of their periods are
afflictive, in accordance with Art. 25 of this Code.
Less grave felonies are those which the law punishes with
penalties which in their maximum period are correctional, in
accordance with the above-mentioned article.
Light felonies are those infractions of law for the commission of
which a penalty of arrest menor or a fine not exceeding Forty
thousand pesos (P40,000.00) or both; is provided. (Amended by
RA 10951)
FELONIES
GRAVE
PENALTY
Those which the law
attaches the capital
punishment (death
penalty) or penalties,
which in their periods
are
afflictive,
in
1.
2.
3.
4.
accordance
with
Article 25 of RPC
LESS
GRAVE
LIGHT
Those which the law
punishes
with
penalties, which their
maximum period are
correctional,
in
accordance with the
abovementioned
article
Those infractions of
the law for the
commission of which
the
penalty
of
arresto menor or a
fine not exceeding
P200.00, or both, is
provided
5.
6.
Perpetual or
temporary special
disqualification,
Prision mayor.
1.
2.
3.
4.
Prision correccional,
Arresto mayor,
Suspension,
Destierro.
1.
2.
Arresto menor,
Public censure.
Note:
RA
10951
increased the fine for
light felonies from 200
pesos to 40,000.00
pesos.
ARTICLE 10. Offenses not subject to the provisions of this Code.
- 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 specially provide the contrary.
SPECIAL LAW. A penal law which punishes acts not defined and
penalized by the Penal Code; a statute enacted by the Legislative
branch, penal in character, which is not an amendment to the
Revised Penal Code
►RPC provisions are supplementary to special laws.
 Exceptions
a. Where a special law provides otherwise
b. When the provisions of the RPC are impossible of
application, either by express provision or by
necessary implication
Examples of RPC provisions that are not applicable to Special Laws
a. Graduation of penalties (minimum, medium, maximum)
b. Article 6 (attempted, frustrated, consummated); there is
no attempted or frustrated violation of a Special Penal
Law unless provided by the law itself
c. Mitigating or aggravating circumstances
d. No accessory penalties unless the law provides
ART 25
Death
Reclusion perpetua,
Reclusion temporal,
Perpetual or
temporary absolute
disqualification,
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CHAPTER TWO
JUSTIFYING CIRUMSTANCES AND CIRCUMSTANCES WHICH
EXEMPT FROM CRIMINAL LIABILITY
CIRCUMSTANCES THAT AFFECT CRIMINAL LIABILITY:
1. Justifying Circumstances. Those where the act of a
person is said to be in accordance with law, so that such
person is deemed not to have transgressed the law and
is free from both criminal and civil liability.
JUSTIFYING CIRCUMSTANCES
ARTICLE 11. Justifying circumstances. - The following do not
incur any criminal liability:
1.
First. Unlawful aggression.
The law recognizes the non-existence of a crime by
expressly stating in the opening statement of Article 11
that the persons therein mentioned “do not incur any
criminal liability.”
2.
Exempting Circumstances. (Non-imputability) Those
grounds for exemption from punishment because there is
no wanting in the agent of the crime any of the
conditions which make the act voluntary or negligent.
Second. Reasonable necessity of the means
employed to prevent or repel it.
Third. Lack of sufficient provocation on the
part of the person defending himself.
2.
Any one who acts in defense of the person or rights of
his spouse, ascendants, descendants, or legitimate,
natural or adopted brothers or sisters, or his relatives
by affinity in the same degrees and those
consanguinity within the fourth civil degree, provided
that the first and second requisites prescribed in the
next preceding circumstance are present, and the
further requisite, in case the revocation was given by
the person attacked, that the one making defense
had no part therein.
3.
Anyone who acts in defense of the person or rights of
a stranger, provided that the first and second
requisites mentioned in the first circumstance of this
Article are present and that the person defending be
not induced by revenge, resentment, or other evil
motive.
4.
Any person who, in order to avoid an evil or injury,
does not act which causes damage to another,
provided that the following requisites are present;
Based on the complete absence of intelligence,
freedom of action, or intent, or on the absence of
negligence on the part of the accused.
3.
Mitigating Circumstances. Those, which if present in the
commission of a crime, do not entirely free the actor from
criminal liability, but serve only to reduce the penalty.
Based on the diminution of either freedom of action,
intelligence, or intent, or on the lesser perversity of the
offender.
4.
Aggravating Circumstances. Those which, if attendant in
the commission of the crime, serve to increase the
penalty without, however, exceeding the maximum of
the penalty provided by law for the offense.
First. That the evil sought to be avoided
actually exists;
Based on the greater perversity of the offender
manifested in the commission of the felony.
5.
Anyone who acts in defense of his person or rights,
provided that the following circumstances concur;
Second. That the injury feared be greater
than that done to avoid it;
Alternative Circumstances.
Third. That there be no other practical and
less harmful means of preventing it.
IMPUTABILITY. The quality by which an act may be ascribed to a
person as its author or owner; implies that the act committed has
been freely and consciously done and may, therefore, be put
down to the doer as his very own
RESPONSIBILITY. The obligation of suffering the consequences of
crime
GUILT. An element of responsibility; a man cannot be made to
answer for the consequences of a crime unless he is guilty.
5.
Any person who acts in the fulfillment of a duty or in
the lawful exercise of a right or office.
6.
Any person who acts in obedience to an order issued
by a superior for some lawful purpose.
JUSTIFYING CIRCUMSTANCES. Those where the act of a person is
said to be in accordance with law, so that such person is deemed
not to have transgressed the law and is free from both criminal and
civil liability.
►The burden of proof lies with the accused/ with the person
invoking self-defense
It is incumbent upon the accused to prove the justifying
circumstances claimed by him to the satisfaction of the
court
Accused must rely on the strength of his own evidence,
not on the weakness of the prosecution; even if
prosecution is weak, the accused already admitted to
the crime
Accused must present “clear and convincing evidence”
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►Self-Defense includes the following rights
a. Right to life
b. Right to property
c. Right to honor
1. ACTS IN DEFENSE OF HIS PERSONS OR RIGHTS
ARTICLE 11. Justifying circumstances. - The following do not
incur any criminal liability:
1.
REASONS FOR ALLOWING SELF-DEFENSE
1. Classicist: The State cannot in all cases prevent
aggression against its citizens and offer protection to the
person unjustly attacked; It is inconceivable for the State
to require that the innocent to succumb to an unlawful
aggression without resistance
2. Positivist: lawful defense is an exercise of right, an act of
social justice done to repel the attack of the aggression
JUSTIFYING CIRCUMSTANCES
1. Self-defense
2. Defense of Relatives
3. Defense of a Stranger
4. Avoidance of a Greater Evil or Injury
5. Acts in the Fulfillment of Duty or in the Lawful Exercise of
a Right or Office
6. Acts in Obedience to an Lawful Order
Anyone who acts in defense of his person or rights,
provided that the following circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means
employed to prevent or repel it.
Third. Lack of sufficient provocation on the
part of the person defending himself.
RIGHTS INCLUDED IN SELF DEFENSE
defense of the person or body
defense of his rights protected by law (e.g. right to
property, right to honor)
REASON WHY SELF DEFENSE IS LAWFUL
Justified by man’s natural instinct to protect, repel and
save his person from impending danger and peril
Classicists: It is impossible for the State in all cases to
prevent aggression upon its citizens and offer protection
to the unjustly attacked, therefore it is inconceivable for
the State to require the innocent to succumb to an
unlawful aggression without offering any resistance
Positivists: lawful defense is an exercise of right, an act of
social justice done to repel the attack of an aggression
REQUISITES, SELF-DEFENSE
1. UNLAWFUL AGGRESSION
2. REASONABLE NECESSITY OF THE MEANS EMPLOYED TO
PREVENT OR REPEL IT
3. LACK OF SUFFICIENT PROVOCATION ON THE PART OF THE
PERSON DEFENDING HIMSELF
1.
UNLAWFUL AGGRESSION
Unlawful aggression is an indispensable requisite,
hence, its presence is a condition sine qua non
There is unlawful aggression when the peril to one’s
life, limb or right is either actual or imminent
REQUISITES, UNLAWFUL AGGRESSION
a. There is peril to one’s life, limb or right
1) ACTUAL.
Equivalent to Physical Assault; The
person defending himself must have
been attacked with actual physical
force with the actual use of weapon
2)
IMMINENT.
Threatened assault of an immediate
and imminent kind which is offensive
and positively strong, showing the
wrongful intent to cause injury;
not required that the attack already
begins for defense might be too late
-
►RETALIATION is not self-defense; in retaliation,
the aggression that was began by the injured
party already ceased to exist when the
accused attacked him; while in self-defense,
the aggression was still existing when the
aggressor was injured or disabled by the
person making the defense
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b.
-
reasonably necessary to repel or prevent an
actual or threatened physical invasion or
usurpation of his property
Must be simultaneous/ succeeding with the
actual/imminent danger; without appreciable
interval of time
When there is no time nor occasion for the
accused for deliberation or cool thinking
because it was imperative for him to act on
the spot.
c.
It must come from the person who was attacked
by the accused/ person claiming self-defense;
and
d.
Not merely threats or threatening stance or
posture; Mere belief in and impending attack is
not sufficient
Must be offensive and positively strong
Mere threatening or intimidating attitude is
not sufficient
Must be real and not imaginary
e.g. unlawful aggression
1) when one aims a revolver at another
with intention of shooting him
2) the act of opening a knife and
making a motion as if to make an
attack
3) placing hand in his pocket with
motion indicating purpose to commit
an assault with weapon
4) when intent to attack is manifest,
picking up a weapon is sufficient
unlawful aggression
5) a person who pursues another without
raising hand to discharge blow; it is not
necessary to wait until the blow is
discharged
There is no such peril to life, limb or right when there
is no unlawful aggression
there must be actual physical blows or actual use of
weapon
e.g. Peril to limb
a. fist blow
b. slap in the face, since the face represents
person and his dignity
b.
If he inflicts upon them physical injuries of any
other kind, he shall be exempt from
punishment.
These rules shall be applicable, under the same
circumstances, to parents with respect to their
daughters under eighteen years of age, and
their seducer, while the daughters are living
with their parents.
COUNTER-ARGUMENT AGAINST SELF-DEFENSE, WRT TO
UNLAWFUL AGGRESSION
1. Nature, character, location, and extent of wound of
the accused allegedly inflicted by the injured party
may belie claim of self-defense
a. Accused exhibited a small scar 1 1/2 inches
long; might had wounded himself in order to
escape imprisonment (People v Mediavilla)
b. Victim sustained 21 wounds; location, number
and seriousness of the stab wounds inflicted on
the victim belie claim of self-defense (People v
Batas)
c. Deceased suffered three stab wounds: two are
fatal, one incised wound (People v Marciales)
d. Victim’s wounds having a right-to-left direction
could not have been inflicted by a right
handed person in front of the victim with a bolo
(People v Labis)
e. Deceased suffered 19 wounds ((People v
Panganiban)
f.
Deceased was struck from behind or when the
body was in a reclining position (People v
Tolentino)
EXCEPTIONS, NOT LAWFUL AGGRESSION
1. When a person is exercising lawful aggression
against you, you do not have the right to selfdefense
2.
3.
Fulfilment of a duty (NCC Article 19) in a violent
manner
 Ultra Vires. When acting beyond one’s
authority, it can be considered as unlawful
aggression, e.g.
a.
Provincial Sheriff taking a property of
sentimental value when the obligation is
an indeterminate thing, and other of the
genus could have been taken to satisfy the
obligation
b. Peace officer confiscating a fishing net
without order from the court
Exercise of a right (NCC Article 19) in a violent
manner, e.g.
a. NCC Article 429. The owner or lawful possessor
of a thing has the right to exclude any person
from the enjoyment and disposal thereof. For
this purpose, he may use such force as may be
RPC Article 248. Any legally married person who
having surprised his spouse in the act of
committing sexual intercourse with another
person, shall kill any of them or both of them in
the act or immediately thereafter, or shall inflict
upon them any serious physical injury, shall
suffer the penalty of destierro.

2.
The belief of the accused may be
considered in existence of the unlawful
aggression. e.g. If the accused believed
that the gun was loaded even when in fact
it isn’t, his self-defense is valid
a. The gun only has power (Llloyd’s
Report cited in US v Ah Chong)
b. The gun was just a toy gun i(People v
Boaral)
Improbability of the decease being the aggressor
belies the claim of self defense
a. Unlikely for a sexagenarian would assault a 24year-old armed with a gun and a bolo just
because the latter refused to give him a pig
(People v Diaz)
b. Hard to believe that 55 year-old man sick with
ulcer would attack and continue hacking he
accused after having been seriously injured
and losing his right hand (People v Ardisa)
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3.
4.
5.
The fact that the accused declined to give any
statement when he surrendered to a policeman is
inconsistent with the plea of self-defense
a. Accused did not mention self-defense right
away to the police when he surrendered
(People v Manansala)
b. Accused did not include the fact of selfdefense in his confession (People v Dela Cruz)
Physical facts/ evidence may determine whether
the accused acted in self-defense
a. In the testimony, the victim would have been hit
in front. Evidence showed that the wounds
were inflicted from behind. Not self-defense.
(People v Dorico)
b. Victim sustained 13 gunshot wounds, his gun
was still tucked in the waistband. Not selfdefense. (People v Perez)
c. Prosecution claims otherwise but the direction
and trajectory of the bullets would have been
different had the victim been standing upright
two or three meters to the left of the truck. Valid
self-defense. (People v Aquino)
DEFENSE OF OTHER RIGHTS
a. Defense of Right to Chastity
Attempt to rape is an unlawful aggression
Actions with the purpose of raping: embracing,
touching private parts, throwing her to the
ground, done in the dark and attempt was
imminent; stabbing was considered selfdefense (People v Dela Cruz)
Placing of hand on the woman’s upper thigh
done in broad day light and has no change of
committing rape justify physical attacks but not
murder (People v Jaurigue)
b.
Defense of Property
NCC Article 429. The owner or lawful possessor
of a thing has the right to exclude any person
from the enjoyment and disposal thereof. For
this purpose, he may use such force as may be
reasonably necessary to repel or prevent an
actual or threatened unlawful physical invasion
or usurpation of his property
To be available in prosecutions for murder or
homicide, must be coupled with an attack on
the person of one entrusted with the said
property. An attack on the person defending
his property is an indispensable element.
(People v Narvaez)
c.
Defense of Home
The violent entry of another to another’s house
was considered unlawful aggression in itself;
attack on the owner of the house was not
necessary (People v Mirabiles)
Accused is not required to retreat and he may
even pursue his adversary until he has secured
himself from danger; but killing is not easily
justified. There is not necessity to kill for
attempted arson. (US v Rivera)
When the aggressor flees, unlawful aggression no
longer exists
►When the AGGRESSOR RUNS AWAY, unlawful
aggression no longer exists
 Exception. If it is clear that the purpose of
the aggressor in retreating is to take a more
advantageous position to insure the
success of the attack already began by
him, the unlawful aggression is considered
still continuing
6.
-
There is no unlawful aggression when there is
agreement to fight.
►There is no unlawful aggression when there is an
AGREEMENT TO FIGHT;
 Exceptions; Challenge to Fight
a. Challenge to fight must be accepted;
if challenge was not accepted, there
is unlawful aggression
b. An aggression ahead of the stipulated
time and place is unlawful
7.
One who voluntarily joined a fight cannot claim selfdefense
8.
Flight after the commission of the crime is highly
evidentiary of guilt (People v Maranan)
offended by the insult is the one who struck first (US
v Laurel)
One with greater motive for committing the crime
STAND GROUND WHEN IN RIGHT v RETREAT TO THE WALL
The accepted rule now is stand your ground when in
the right
Where the accused is where he has the right to be,
the law does not require him to retreat when his
assailant is rapidly advancing upon him with a
deadly weapon
If one flees from an aggressor, he runs the risk of
being attacked in the back by the aggressor
DETERMINING THE UNLAWFUL AGGRESSOR
In the absence of direct evidence, it shall be
presumed that the person who was deeply
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2.
REASONABLE NECESSITY OF THE MEANS EMPLOYED TO
PREVENT OR REPEL IT
Presupposes the existence of unlawful aggression
The law protects not only the person who repels an
actual aggression, but even the person to tries to
prevent an expected or imminent aggression.
Perfect equality between the weapon used by the
one defending himself and that of the aggressor is
not required; what the law requires is Rational
Equivalence
-
REQUISITES, REASONABLE NECESSITY
1. Necessity of the course of action taken by the
person making a defense, and
2. Necessity of the means used
3. Both of which must be reasonable
NECESSITY OF THE COURSE OF ACTION TAKEN
Reasonableness of the necessity depends upon the
circumstances
a. That the accused did not select a lesser vital
potion of the body of the deceased to hit is
reasonably expected; the accused has to
move fast or in split seconds. (People v Ocaña)
b. The necessity of the course of action taken
depends on the existence of unlawful
aggression. No unlawful aggression, or if has
ceased to exist, there would be no necessity to
take course of action as there is nothing to
prevent or repel.
c. Place and occasion of the assault considered.
d. The darkness of the night and the surprise which
characterized the assault is considered
-
-
FACTORS TO CONSIDER
a. Presence of imminent danger
b. Impelled by the instinct of self-preservation
c. Nature and quality of the weapon used by the
accused compared to the weapon of the
aggression
d. Emergency to which the person defensing
himself has been exposed to
e. Size and/or physical character of the aggressor
compared to the accused and other
circumstances that can be considered showing
disparity between aggressor and accused
f.
The place and occasion of the assault
NO NECESSITY OF THE COURSE OF ACTION TAKEN,
EXAMPLES
a. People v Alconga. When the attacker ran away
b. People v Calavagan. When the danger or risk
has disappeared, his stabbing the aggressor
while defending himself should have stopped
c. People v Masangkay. The victim was
successfully disarmed of a piece of wood, and
was stabbed with such frequency, frenzy and
force
People v Alviar. Accused succeeded in
snatching the weapon and the victim already
manifested refusal to fight
 Wife was disarmed by husband but the
wife struggled to gain possession of the
bolo; husband was already losing strength
due to loss of blood (People b
Rabandaban)
d. US v Rivera. Victim who attempted to burn the
house was already outside and prostate on the
e.
f.
ground having been hit with a bolo by
accused, no need to kill victim
US v Pasca. Victim did no draw his bolo and only
attempted to push the accused to the shallow
pool into which he had been thrown at,
accused was not justified at striking at victims
head with a bamboo pole
People v Narvaez. Accused fired his shotgun
killing the two victims who chiseled the walls of
the accused house and closed entrance and
exit to the highway
-
When minor injuries were inflicted after the unlawful
aggression ceased to exist does not affect the
benefit of self-defense when the mortal wounds
were inflicted at the time the requisites of selfdefense were present (People v Del Pilar)
 Does not apply: when minor wounds were
inflicted by accused at first, and the
attacker/victim dropped his weapon and
refused to fight but the accused still attacked
him to death
-
The person defending is not expected to control his
blow
a. Brownell v People. One is no required to draw
fine distinctions as to the extent of the injury
which assailant might inflict upon him
b. People v Espina. Two blows or failing to inflict a
lesser blow would not negate self-defense; in
the heat of the encounter, the accused was
not in a position to reflect coolly or to wait after
each blow to determine the effects
c. US v Domen. Accused cannot be expected to
aim at a less vulnerable part of the victim when
using a gun to defend himself
-
The measure of rational necessity is to be founds in
the situation as it appeared to the person defending
at the time when the blow was struck (Cano v
People)
-
The one defending must aim at his assailant and not
indiscriminately. (People v Galacgac)
NECESSITY OF THE MEANS USED
The means employed by the person making a
defense must be rationally necessary to prevent or
repel an unlawful aggression
-
NO RATIONAL NECESSITY OF THE MEANS EMPLOYED
a. US v Apego. Woman awakened by bother-inlaw grasping her arm but did not perform any
other act that can be construed as an act
against her honor was not justified to kill him with
a knife
b. People v Montalbo. No reasonable necessity to
use a dagger against attacker inflicting fist
blows only
c. People v Jaurigue. Killing a man with a knife was
excessive when he only placed his hand in the
upper thigh of a woman seated inside a chapel
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TEST OF REASONABLENESS OF THE MEANS USED.
1.
Perfect equality between the weapon used by
the one defending himself and that of the
aggressor is not required, because the person
assaulted does not have sufficient tranquility of
mind to think, to calculate and to choose which
weapon to use.
a. Knife/ Dagger v Club. General rule, a
dagger or knife is more dangerous than a
club
 People v Padua. Use of knife/dagger
vs club is deemed reasonable if it
cannot be shown that
1) Person assaulted had other
available means, and
2) If there was other means, he
could coolly choose the less
deadly weapon to repel the
assault
b.
Firearm v Dagger/Knife. No difference, use
of gun against a knife is a reasonable
means to ward off attack (Lacson v CA);
subject to the limitations in People v Padua
c.
Pocketknife v Cane. Reasonable (US v
Laurel)
Gun v Bolo. Reasonable (US v Mack)
Bolo/Knife v Rod/Stick. Reasonable
(People v Romero)
d.
e.
-
f.
Bayonet v Cane. Not Reasonable. Drawing
bayonet was enough to prevent further
attack; stabbing victim with bayonet was
beyond necessary. (People v Oñas)
g.
Fist blows. Must be repelled with fist blows
also. (People v Montalbo) *applies only
when the aggressor and defender are of
the same size and strength
2.
Physical condition, character and size.
a. People v Igancio. Middle age man was
justified in using a knife when cornered on
his back by 3/4 bigger and stronger men
striking him with fists
b. People v Sumicad. Killing the aggressor
with a bolo was justified, when the
aggressor who attacked only with fist was
a bully, larger and stronger man known for
his violent character; after a warning and
a cut on the shoulder, aggressor continued
to attempt to possess the bolo
c. People v Padua. Striking with a bolo on the
forehead and on the right eye was justified
when the aggressor who provoked the
incident is of violent temperament,
troublesome, strong and aggressive with
three criminal records
3.
Other circumstances considered.
a. US v Batngbacal. In view of the imminence
of the danger, a shotgun was a reasonable
means to prevent an aggression with a
bolo.
construed in favor of law-abiding citizens. (People v
So)
-
The duty of a peace officer requires him to
overcome his opponent. Police officer is not
required to afford a person attacking him the
opportunity for a fair and equal struggle. Even if
equipped with a club, he may still use his
revolve/gun. (US v Mojica)
 US v Mendoza. It was not reasonably necessary
for a policeman to kill his assailant to repel an
attack with a calicut.
Reasonable necessity of means employed to
prevent or repel unlawful aggression is to be liberally
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3.
LACK OF SUFFICIENT PROVOCATION ON THE PART OF THE
PERSON DEFENDING HIMSELF
a. When the person defending himself from the attack
by another gave sufficient provocation to the latter,
the former is also to be blamed for having given the
cause of the aggression
b.
BATTERED WOMAN SYNDROME.
Refers to a scientifically defined pattern of
psychological and behavioral symptoms found in
women living in battering relationships as a result of
cumulative abuse (RA 9262, Sec3)
-
REQUISITES
1. That the battering husband, with whom he
battered wife has a marital, sexual or dating
relationship, inflicted physical harm upon her
2. That the infliction of physical harm must be
cumulative
3. The cumulative abuse results to physical and
psychological or emotional destress to the
woman
-
RA 9262 (Anti-Violence Against Women and their
Children Act of 2004) SECTION 26. Battered Woman
Syndrome as a Defense. – Victim-survivors who are
found by the courts to be suffering from battered
woman syndrome do not incur any criminal and civil
liability notwithstanding the absence of any of the
elements for justifying circumstances of self-defense
under the Revised Penal Code.
CASES, LACK OF SUFFICIENT PROVOCATION
1) When no provocation at all was given to the
aggressor by the person defending himself
2)
3)
4)
When, even if a provocation was given, it was
not sufficient
People v Alconga. Provocation must be
sufficient, which means that it should be
proportionate to the act of aggression and
adequate to stir the aggressor to its
commission
Verbal argument cannot be considered
sufficient provocation.
EXAMPLES, WHEN
PROVACATION
IS
SUFFICENT
a) US v McCray. When one challenges
the deceased to come out of the
house and engage in a fist fight with
him and prove who is he better man
b) People v Sotelo. When one hurls insults
or vulgar language
 People
v
Sanchez.
When
response to a question might
have hurt the pride of the
accused, not sufficient
c) People v Getida. When the accused
tried to forcibly kiss the sister of the
deceased
When, even if the provocation was sufficient, it
was not given by the person defending himself,
or
People v Balansang. Third requisite not
present because the provocation was not
given by the accused but by another
person
Lack of sufficient provocation refers
exclusively to the person defending
himself; does not apply to the aggressor
When, even if the person defensing himself
gave a provocation, it was not proximate and
immediate to the act of aggression
US v Laurel. Kissing the girlfriend of the
aggressor was sufficient provocation, but
since it took place two days before the
aggression, it was disregarded
In the determination of the state of mind of the
woman who was suffering from battered woman
syndrome at the time of the commission of the
crime, the courts shall be assisted by expert
psychiatrists/ psychologists.
-
BATTERED WOMAN.
a. A woman who is repeatedly subject to any
forceful physical or psychological behavior
by a man in order to coerce her to do
something he wants her to do without
concern for her rights.
b. Wife or woman in any form of intimate
relationship with men
c. The couple must go through the battering
cycle at least twice
-
CYCLE OF VIOLENCE
1. Tension-building phase. Minor battering
occurs; verbal or slight physical abuse or
another form of hostile behavior
woman tries to pacify the batterer
through a show of kind, nurturing
behavior, or simply by staying out of
his way
her placatory and passive behavior
legitimizes the belief that he has the
right to abuse her
the woman withdraws emotionally;
the more she becomes emotionally
unavailable, the more the batterer
becomes angry, oppressive and
abusive
2.
Acute battering incident
Characterized
by
brutality,
destructiveness
and
sometimes,
death
woman has no control , only the
batterer may put an end to the
violence
woman has a sense of detachment
from the attack and the terrible pain
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although she may later
remember every detail
3.
clearly
Tranquil, loving (or non-violent) phase
Begins when the battering incident
ends
Couple experiences profound relief
Batterer shows tender and nurturing
behavior towards his partner; he
knows that he had been cruel and he
make-up for it
Battered woman convinces herself
that the battery will never happen
again, that her partner will change
2. ACTS IN DEFENSE OF THE PERSON OR RIGHTS OF HIS RELATIVES
ARTICLE 11. Justifying circumstances. - The following do not
incur any criminal liability:
2.
Any one who acts in defense of the person or rights of
his spouse, ascendants, descendants, or legitimate,
natural or adopted brothers or sisters, or his relatives by
affinity in the same degrees and those consanguinity
within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding
circumstance are present, and the further requisite, in
case the revocation was given by the person
attacked, that the one making defense had no part
therein.
RELATIVES THAT CAN BE DEFENDED
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted brothers and sisters, or
relatives by affinity in the same degrees
The relationship by affinity between the surviving
spouse and blood relatives of deceased spouse
survives the death of either party to the marriage
which created such affinity.
5. Relatives by consanguinity within the fourth civil degree
Degree
Includes (Consanguinity)
First
Parents
Second
Brothers, sisters
Third
Uncle, aunt, niece, nephew
Fourth
First cousins
JUSTIFICATION
Founded not only upon humanitarian sentiment but also
upon the impulse of blood which impels men to rush, on
the occasion of great perils, to the rescue of those close
to them by ties of blood
REQUISITES, DEFENSE OF RELATIVE
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent
or repel it
3. IN CASE THE PROVOCATON WAS GIVEN BY THE PERSON
ATTACKED, THE ONE MAKING A DEFENSE HAD NO PART
THEREIN
1.
UNLAWFUL AGGRESSION
Unlawful aggression is a condition sine qua non,
without it any defense if not possible of justified
a. People v Moro Munabe. When two persons are
getting ready to strike at each other, a relative
who butts in and administers a deadly blow on
the other to prevent him from harming relative
is guilty of homicide
b. People v Panuril. Decease and his brother were
facing each other in a fight, each holding a
weapon. Accused hit the deceased causing his
death. If accused is the aggressor, he cannot
invoke defense of relative.
-
Unlawful aggression can be made to depend upon
the honest belief of the one making a defense
a. When A was the unlawful aggressor against B,
and then the sons of A killed B believing in good
faith that A/father is the victim and B is the
unlawful aggressor, the killing is justified.
b. Olbinar v CA. Believing that her husband was
her victim of an unlawful aggression by two
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men who had already beaten him up, the wife
was justified in using a bolo to stop the assault.
2.
3.
REASONABLE NECESSITY OF THE MEANS EMPLOYED TO
PREVENT OR REPEL IT
The gauge of reasonable necessity of the means
employed to repel the aggression is to be found in
the situation as it appears to the person preventing
the aggression/ making the defense. (Eslabon v
People)
IN CASE THE PROVOCATION WAS GIVEN BY THE PERSON
ATTACKED, THE ONE MAKING A DEFENSE HAD NO PART
THEREIN
The fact that the relative defended gave
provocation is immaterial
There is still a legitimate defense of relative even if
the relative being defended has given provocation,
provided that the one defending such relative has
no part in the provocation.
Even if the one defending a relative is induced by
revenge or hatred, as long as the three requisites of
defense of relatives are present, it will still be a
legitimate defense
EXAMPLES, DEFENSE OF RELATIVE
a. People v Ammalun. Accused heard his wife shouting for
help. He rushed into the house and saw deceased on top
of his wife. He drew his bolo and hacked deceased at
the case of his neck while deceased was forcibly abusing
his wife
b. US v Rivera. Rivera challenged deceased. Deceased
picked-up a bolo and chased Rivera. Upon overtaking
him, deceased inflicted tow wounds. Rivera’s father
disarmed deceased using a cane. The father was
justified in disarming the deceased even if the son gave
provocation, but was guilty of homicide after inflicting
fata wounds to deceased.
3. ACTS IN DEFENSE OF THE PERSON OR RIGHTS OF A STRANGER
ARTICLE 11. Justifying circumstances. - The following do not
incur any criminal liability:
3.
Anyone who acts in defense of the person or rights of
a stranger, provided that the first and second requisites
mentioned in the first circumstance of this Article are
present and that the person defending be not induced
by revenge, resentment, or other evil motive.
PERSONS COVERED
Any person no included in the enumeration of relatives in
paragraph 2
JUSTIFICATION
What one may do in his defense, another may do it for
him
The ordinary man would not stand idly by and see his
companion killed without attempting to save his life
REQUISITES, DEFENSE OF STRANGER
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent
or repel it
US v Subingsubing. Furnishing a weapon to one in
serious danger is considered defense of a stranger.
3.
THE PERSON DEFENDING BE NOT INDUCED BY REVENGE,
RESENTMENT, OR OTHER EVIL MOTIVE
The stranger must be actuated by a disinterested or
generous motive, not by revenge, resentment or
other evil motive
Even if a person has a standing grudge against the
assailant, if he enters upon the defense of a stranger
out of generous motive to save the stranger from
harm or death, the third requisite is still present
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4. AVOIDANCE OF GREATER EVIL OR INJURY
ARTICLE 11. Justifying circumstances. - The following do not
incur any criminal liability:
4.
Any person who, in order to avoid an evil or injury,
does an act which causes damage to another,
provided that the following requisites are present;
First. That the evil sought to be avoided actually
exists;
3.
That there be no other practical and less harmful means
of preventing it
-
The evil which brought about the greater evil must not
result from a violation of law by the actor.
There is no civil liability in justifying circumstances, except
in paragraph 4 of Article 11. The civil liability is borne by
the persons benefitted.
-
Second. That the injury feared be greater than
that done to avoid it;
Third. That there be no other practical and less
harmful means of preventing it.
COVERAGE, “damage to another”
1. injury to persons
2. damage to property
REQUISITES, AVOIDANCE OF A GREATER EVIL OR INJURY
1. That the evil sought to be avoided actually exists
2. That the injury feared be greater than that done to avoid
it
3. That there be no other practical and less harmful means
of preventing it
1.
2.
That the evil sought to be avoided actually exists
The evil must actually exist
Par 4 does not apply if evil is merely expected or
anticipated or may happen in the future
That the injury feared be greater than that done to avoid
it
One’s own safety is of greater importance than of
another, self-preservation
The greater evil should not be brought about by the
negligence or imprudence of the actor
When accused was not avoiding any evil, he
cannot invoke the justifying circumstance of
avoidance of greater evil or injury
a. People v Ricohermoso. A and B attacked X,
father. Before Y, son, can defend his father
using a gun, C grappled with him killing Y. C
contended invoked avoidance of greater evil
since Y would have shoot A and B. Held: The act
of C against Y was designed to insure the killing
of X without risk to A and B, C was no avoiding
aby greater evil. Moreover, defense of his father
is not an evil that could be justifiably prevented.
-
EXAMPLES, DAMAGE TO PROPERTY UNDER PAR 4
a. When a fire broke-out in a cluster of nipa
houses, in order to prevent the spread to
adjacent houses, the surrounding nipa houses
were pulled down.
b. Tan v Standard Vacuum Oil. A gasoline truck
caught fire while delivering to a gas station. To
prevent the gasoline station from catching fire,
the bus was driven to the middle of the street
and was abandoned, but it continued to move
crashing and burning a house at the other side
of the street.
c. During the storm, the captain ordered part of
the goods be thrown overboard to prevent he
ship from sinking.
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5. ACTS IN THE FULFILLMENT OF A DUTY OR IN THE LAWFUL EXERCISE
OF A RIGHT OR OFFICE
ARTICLE 11. Justifying circumstances. - The following do not
incur any criminal liability:
5.
-
b.
Any person who acts in the fulfillment of a duty or in
the lawful exercise of a right or office.
REQUISITES
1. That the Accused acted in the PERFORMANCE OF A DUTY
or in the LAWFUL EXERCISE OF A RIGHT OR OFFICE
2. That the injury caused or the offense committed be the
NECESSARY CONSEQUENCE of the due performance of
duty or the lawful exercised of such right or office
-
threatened unlawful physical invasion or usurpation
of his property.
People v Oanis. First requisite was present because
accused peace officers trying to get a wanted criminal
were acting in performance of a duty. Second requisite
was absent since they exceeded in the fulfillment of their
duty when they killed a sleeping person without making
any previous inquiry as to the identity of victim.
People v Filipe Delima. A policeman who fired at a
fugitive equipped with a bamboo in the shape of a lance
who refused to surrender, although the shot proved to be
fatal, was justified.
-
A guard is justified from shootin to an escaping prisoner.
a. Valcorza v People. Deceased was imprisoned
because of a relatively minor offense of stealing a
chicken. He attempted to escape from prison and
in the attempt, assaulted a policeman. Policeman
directly fired at him while he was jumping to another
part of the creek and the distance between them
widening. Prisoner was shot to death at the back.
The shooting was justified.
b. People v Lagata. A guard is justified in shooting a
prisoner who is trying to escape.
c. US v Magno. Constabulary soldiers who shot
escaping prisoner to death when he disregarded
warnings were not criminally liable.
-
Shooting an offender who refused to surrender is justified.
a. People v Gayrama. Accused slashed the municipal
president on his arm with a bolo, ran away and
refused to be arrested. The Chief of police would
have been justified to shoot the accused.
b. US v Bertucio. Peace officers may arrest violators
even without a warrant of arrest if the violation is
committed in their own presence, or for the purpose
of preventing a crime about to be consummated.

-
Unlawful aggression is not necessary; if there is
unlawful aggression against the person charged
with the protection of the property, then paragraph
1/ defense of right to property applies
The actual invasion of property may consist of a mere
disturbance of possession or of a real dispossession
a. If it is a mere disturbance of possession, force may
be used against it an any time as long as it continues
even beyond the prescriptive period for an action
of forcible entry
b. If the invasions consists of a real dispossession, force
to regain possession can be used only immediately
after the dispossession
c. If the property is immovable, there should be no
delay in the use of force to recover it; a delay, even
if excusable, will bar the right of use of force
Shooting a thief who refused to be arrested is not
justified.
People v Bentres. Security guard was guilty of
homicide after he shoot a thief who had stolen
from the mining company. Guard exceeded the
fulfillment of his duty.
-
A person protecting his possession of his property is
justified from injuring (not seriously) the one trying to get
it from him.
a. NCC, Article 429. The owner or lawful possessor of a
thing has the right to exclude any person from the
enjoyment and disposal thereof. For this purpose, he
may use such force as may be reasonably
necessary to repel or prevent an actual or
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6. ACTS IN OBEDIENCE TO AN ORDER ISSUED BY A SUPERIOR FOR
SOME LAWFUL PURPOSE
ARTICLE 11. Justifying circumstances. - The following do not
incur any criminal liability:
6.
b.
Any person who acts in obedience to an order issued
by a superior for some lawful purpose.
-
REQUISITES, OBEDIENCE TO AN ORDER
1. That an order has been issued by a SUPERIOR
2. That such order must be for some LAWFUL PURPOSE
3. That the means used by the subordinate to carry out said
order is LAWFUL
Both the person who gives the order and the person who
executes is must be action within the limitations
prescribed by law
-
the instruction of his superior. The instruction was not
for a lawful purpose.
People v Margen. A soldier who obeyed the order
of his sergeant to torture to death the deceased is
criminally liable.
The subordinate is not liable for carrying out an illegal
order of his superior if he is not aware of the illegality of
the order and he is not negligent
When the order is not for a lawful purpose, the
subordinate who obeyed it is criminally liable
a. People v Barroga. One who prepared a falsified
document with full knowledge of falsity is not
excused even if he merely acted in obedience to
BASIS
SELF-DEFENSE
DEFENSE OF RELATIVES
DEFENSE OF
STARNGERS
IN
AVOIDANCE
OF A GREATER
EVIL OR
INJURY
Article 11
Paragraph 1
Article 11
Paragraph 2
Article 11
Paragraph 3
Article 11
Paragraph 4
1.
Unlawful Aggression;
2.
Reasonable Necessity of the means employed to prevent or
repel it;
3.
Lack of sufficient
provocation on
the part of the
person
defending
himself
3.
1.
In case if
provocation was
given by the person
attacked, the one
making the defense
had no part therein
REQUISITES
1.
2.
3.
4.
SCOPE/
OTHER
NOTES
Defense of
Person
Defense of Rights
Defense of
Property
Defense of
Honor
1.
2.
3.
4.
5.
6.
Spouse – Legitimate
Ascendants –
father, mother,
grandparents, great
grandparents in
direct line
Descendants –
children,
grandchildren,
great grandchildren
in direct line
Brothers and Sisters –
legitimate, natural
or adopted
Relatives by affinity
in the same degree
Relatives by
consanguinity within
the fourth civil
degree
3.
The person
defending
be not
induced by
revenge,
resentment,
or other evil
motive
2.
3.
Evil sought
to be
avoided
actually
exists;
Injury
feared be
greater
than that
done to
avoid it;
There is no
other
practical
and less
harmful
means of
preventing
it
IN FULFILLMENT OF
A DUTY OR
LAWFUL EXERCISE
OF RIGHT OR
OFFICE
IN OBEDIENCE
OF A LAWFUL
ORDER
Article 11
Paragraph 5
Article 11
Paragraph 6
1.
2.
The accused
acted in the
performance
of a duty or in
the lawful
exercise of a
right or office;
That the injury
caused or the
offense
committed be
the necessary
consequence
of the due
performance
of duty or the
lawful exercise
of such right or
office
1.
2.
3.
That the
order has
been
issued by a
superior;
That such
order must
be for
some
lawful
purpose;
That the
means
used by
the
subordinat
e to carry
out sad
order is
lawful.
Strangers are
any person not
included in the
enumeration of
relatives in par 2
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EXEMPTING CIRCUMSTANCES
ARTICLE 12. Circumstances which exempt from criminal liability.
- the following are exempt from criminal liability:
1.
An imbecile or an insane person, unless the latter has
acted during a lucid interval.
When the imbecile or an insane person has
committed an act which the law defines as a felony
(delito), the court shall order his confinement in one of
the hospitals or asylums established for persons thus
afflicted, which he shall not be permitted to leave
without first obtaining the permission of the same
court.
2.
A person under nine years of age.
3.
A person over nine years of age and under fifteen,
unless he has acted with discernment, in which case,
such minor shall be proceeded against in
accordance with the provisions of Art. 80 of this Code.
When such minor is adjudged to be criminally
irresponsible, the court, in conformably with the
provisions of this and the preceding paragraph, shall
commit him to the care and custody of his family who
shall be charged with his surveillance and education
otherwise, he shall be committed to the care of some
institution or person mentioned in said Art. 80.
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 act under the compulsion of
irresistible force.
6.
Any person who acts under the impulse of an
uncontrollable fear of an equal or greater injury.
7.
Any person who fails to perform an act required by
law, when prevented by some lawful insuperable
cause.
►In all the exempting circumstances, intent is wanting in the agent
of the crime.
a. Paragraphs 1, 2, and 3 (imbecile, insane, minor) – No
intelligence, hence no intent
b. Paragraph 4 – specifically states that actor causes injury
by mere accident without intention of causing it
c. Paragraphs 5 and 6 – no freedom of action, hence, no
intent
JUSTIFYING CIRCUMSTANCES v EXEMPTING CIRCUMSTANCES
JUSTIFYING CIRCUMSTANCE
EXEMPTING CIRCUMSTANCE
No crime
There is crime
Act is justified
Act not justified
No criminal liability
No criminal liability
No civil liability except in par 4 There is civil liability except in
par 4 and 7
EXEMPTING CIRUCMSTANCES
1. IMBECILITY OR INSANITY
2. MINORITY
3. ACCIDENT WITHOUT FAULT OR INTENTION CAUSING IT
4. ACTING UNDER COMPULSION OF AN IRRESISTIBLE FORCE
5. ACTING UNDER THE IMPULSE OF AN UNCONTROLLABLE
FEAR
6. INSUPERABLE OR LAWFUL CAUSES
EXEMPTING CIRUMSTANCES. (Non-immutability) those grounds for
exemption from punishment because there is wanting in the agent
of the crime any of the conditions which make the act voluntary
or negligent.
-
The exemption from punishment is based on the
complete absence of intelligence, freedom of action, or
intent, or on the absence of negligence on the part of
the accused.
-
RPC: A person must act with malice (dolo) or negligence
(culpa) to be criminally liable.
a. Without intelligence, freedom of action or intent,
one does not act with malice
b. Without intelligence, freedom of action or fault, one
does not act with negligence
-
There is a crime committed but not criminal liability
arises.
►Exempting circumstance is a matter of defense to be proved by
the defendant to the satisfaction of the court.
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1. IMBECILITY OR INSANITY
ARTICLE 12. Circumstances which exempt from criminal liability.
- the following are exempt from criminal liability:
1.
An imbecile or an insane person, unless the latter has
acted during a lucid interval.
When the imbecile or an insane person has
committed an act which the law defines as a felony
(delito), the court shall order his confinement in one of
the hospitals or asylums established for persons thus
afflicted, which he shall not be permitted to leave
without first obtaining the permission of the same
court.
BASIS. Complete absence of intelligence, an element of
voluntariness.
IMBECILITY V INSANITY
IMBECILILITY
Exempt in all cases
criminal liability
from
Advanced in aged but has a
mental
development
comparable to a 2-7 year-old
child
INSANITY
Insane is not so exempt if it
can be show that he acted
during a lucid interval
Acts with intelligence during
lucid interval
►When it is shown that defendant had lucid intervals, it will be
presumed that the offense was committed in one of them. But a
person who has been adjudged insane, or who has been
committed to a hospital or to an asylum for the insane is presumed
to continue to be insane.
INCLUDED IN INSANITY
Schizophrenia
or
Dementia praecox
(irresistible homicidal
impulse)
Epilepsy
Somnabulism
Malignant Malaria
-
NOT INCLUDED
Kleptomania
Feeblemindedness
Pedophilia
►Dementia praecox (irresistible homicidal impulse), now called
Schizophrenia, is covered by the term insanity.
►On Kleptomania: If the mental defect deprived him of
consciousness of his acts, considered insane and exempting. If it
only diminished but did not deprive him of consciousness of his
acts, it is only a mitigating circumstance.
Deprived
completely
of
reason or discernment and
freedom of the will at the time
of committing the crime
-
INSANITY AT THE TIME OF COMMISSION V
INSANITY AT THE TIME OF THE TRIAL (SANE DURING COMMISSION)
AT THE TIME OF COMMISSION
AT THE TIME OF TRIAL
Exempt from criminal liability
Criminally liable
Trial will be suspended until
mental capacity of the
accused be restored to afford
him a fair trial
Mere abnormality of mental faculties is not enough,
especially if offender has not lost consciousness of his
acts.
►On Epilepsy: Epilepsy may be covered by the term insanity.
 People v Mancao. Accused was an epileptic but it was
not proved that he was under influence of an epileptic
fit when he committed the offense, he is not exempt.
PROCEDURE WHEN IMBECILE/INSANE COMMITS A FELONY
1. Court orders his confinement in a hospital/asylums
established for persons afflicted
2. Person afflicted shall not be permitted to leave without
permission of the court
 Chin Ah Foo v Conception. Court has no power to
permit an insane person to leave the asylum without
first obtaining opinion of the Director of Health that
he may be released without danger.
►Feeblemindedness is not imbecility. It is not exempting because
offender could distinguish right from wrong.
►The defense must prove that the accused was insane at the
time of the commission of the crime. Presumption is always in
favor of sanity.
To ascertain the person’s mental condition at the time of
the act, it is permissible to receive evidence of the
condition of his mind during a reasonable period both
►Somnambulism/ Sleepwalking is embraced in the plea of
insanity. (People v Gimena) The act of the person is not voluntary
when he does not have intelligence and intent while doing the
act.
 Hypnotism. Still debatable.
before and afterthat
-
-
time.
Direct testimony is not required.
Mind can be known only by outward acts. The thoughts,
the motives and the emotions of a person are read to
determine whether his acts conform to the practice of
people of sound mind.
Circumstantial evidence, if clear and convincing, will
suffice to prove insanity. (People v Bonoan)
►Pedophilia is not insanity. Person afflicted could distinguish
between right and wrong.
►Amnesia is not proof of mental condition of the accused. Failure
to remember is in itself no proof for the mental condition of the
accused when the crime was performed. (People v Tabugoca)
►Chronic Malaria affects the nervous system and among such
complication is aute melancholia and insanity. (People v Lacena)
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2. MINORITY
ARTICLE 12. Circumstances which exempt from criminal liability.
- the following are exempt from criminal liability:
2.
A person under nine years of age.
3.
A person over nine years of age and under fifteen,
unless he has acted with discernment, in which case,
such minor shall be proceeded against in
accordance with the provisions of Art. 80 of this Code.
When such minor is adjudged to be criminally
irresponsible, the court, in conformably with the
provisions of this and the preceding paragraph, shall
commit him to the care and custody of his family who
shall be charged with his surveillance and education
otherwise, he shall be committed to the care of some
institution or person mentioned in said Art. 80.
RA 9344. JUVENILE JUSTICE AND WELFARE ACT.
SECTION 6. Minimum Age of Criminal Responsibility. – A child
fifteen (15) years of age or under at the time of the commission
of the offense shall be exempt from criminal liability. However,
the child shall be subjected to an intervention program pursuant
to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years
of age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted
with discernment, in which case, such child shall be subjected
to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does
not include exemption from civil liability, which shall be
enforced in accordance with existing laws.
BASIS. Paragraphs 2 and 3 are both based on the complete
absence of intelligence.
STAGE OF LIFE
Age of Absolute
irresponsibility
(infancy)
AGE
15 y/o and under
Age of
Conditional
responsibility
Over 15 but under
18 y/o
a.
Age of
Mitigated
responsibility
b.
Acted
without
discernment
Acted with
discernment
Age of Full
responsibility
18 y/o or over
Age of Mitigated
responsibility
(Senility)
70 y/o or over
LIABILITY
Exempting
circumstance
Exempting
circumstance
Privileged mitigating
(penalty is reduced
by degree lower
than that imposed)
Sentence
suspended
Full criminal
responsibility
Mitigating
circumstance
(no imposition of
death penalty; if
already imposed,
execution of death
penalty is
suspended and
commuted)
►PRESUMPTION OF MINORITY. Child in conflict with the law shall
enjoy the presumption of minority, and shall enjoy all the rights of
a CICL until proven to be 18 y/o or older at the time of the
commission of the offense.
►Minor is presumed to have acted without discernment.
Prosecution must prove that a 15-28 y/o has acted with
discernment.
CHILD IN CONFLICT WITH THE LAW. A person who at the timeof the
commission of the offense is below 18 years old but not less than
15 years and one day old.
DISCERNMENT. The capacity of the child at the time of the
commission of the offense to understand the differences between
right and wrong and the consequences of wrongful act.
Determination of discernment shall take into account the
ability of a child to understand the moral and
psychological components of criminal responsibility and
the consequences of the wrongful act.
Discernment may be shown by
1. Manner of Committing the Crime.
d. People v Magsino. When the minor committed
the crime during nighttime to avoid detection
or took the loot to another town to avoid
discovery, he manifested discernment.
2.
Conduct of the Offender
a. Madali v Peope. Minor punched the body and
head of the victim with a brass knuckle around
his fist. His cohorts hanged the victim’s body to
a nearby tree. They warned a witness not to
reveal their act to anyone or else they will kill
him.
DISCERNMENT V INTENT
DISCERNMENT
Relates
to
the
moral
significance that a person
ascribed the act
INTENT
Refers to the desired act of
the person
►A person may not intend to shoot another but may be aware of
the consequence of his negligent act which may cause injury to
the same person in negligently handing an air rifle.
►Burden to prove age is with the person alleging the age of the
CICL. If age of the child is contested prior to filing of information
in court, a case for determination of age under summary
proceeding may be filed with the Family Court.
Determination of Age
1. Best evidence: an original or certified true copy of
the certificate of live birth;
2. Similar authentic documents
a. baptismal certificates
b. school records or
c. any pertinent document that shows the date
of birth of the child
3. testimony of the child, testimony of a member of
the family related to the child by affinity or
consanguinity who is qualified to testify on matters
respecting pedigree, testimony of other persons,
the physical appearance of the child and other
evidence
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3. ACCIDENT WITHOUT FAULT OR INTENTION CAUSING IT
ARTICLE 12. Circumstances which exempt from criminal liability.
- the following are exempt from criminal liability:
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.
NON-EXAMPLES, ACCIDENT NOT APPRECIATED
a. People v Taylaran. Repeated blows negate the claim of
wounding by mere accident.
b. People v Reyes. Accidental shooting is negated by
threatening words preceding it and still aiming the gun at
the prostrate body of the victim, instead of immediately
helping him.
BASIS. Lack of negligence and intent. Under this condition, a
person does not commit either an intentional or culpable felony.
ELEMENTS
1. A person is performing a lawful act
People v Galacgac. Art 12 Par 4 cannot be
invoked by accused who illegally discharged his
firearm in a thickly populated place when it is
prohibited and penalized by Art 155 of RPC
People v Vitug. Strking another with a gun in selfdefense, even if it fires and seriously injured the
assailant, is a lawful act. The injury was caused by
accident.
People v Reyta. The act of drawing a weapon in
the course of a quarrel, not being in self-defense, is
unlawful (light thread, Art 285 RPC). Accident
cannot be invoked as ground for exemption.
2.
3.
4.
With due care
He causes an injury to another by mere accident
Without fault or intention of causing it
People v San Juan. Accident as exempting
circumstance cannot be applied when accused is
guilty of negligence.
ACCIDENT. Something that happens outside the sway of our will,
and although it comes about through some act of our will, lies
beyond the bounds of humanly foreseeable consequences.
Accident presupposes the lack of intention to commit the
wrong done.
Accident and negligence are intrinsically contradictory,
once cannot exist with the other.

If the consequences are plainly foreseeable, it will be a
case of negligence.
a. People v Nocum. Accused tried to stop two person
fighting by shooting twice in the air. The bout
continued so he fired another shot at the ground.
The bullet ricocheted and killed a bystander. He is
guilty of homicide. He willfully discharged his gun
without taking the precautions, the district was
populated and the likelihood that the bullet would
glance over the pavement.
EXAMPLES, ACCIDENT
b. US v Tañedo. Accused shot a wild chicken, but the slug
recoiled, and struck and killed a tenant. The tenant was
not in the direction at which the accused fired his gun. It
was not foreseeable that the slug would recoil after
hitting the wild chicken. There is no criminal liability.
c. US v Tayontong. A chauffer ran over a man who suddenly
and unexpectedly crossed the street because it was
physically impossible to avoid hitting him. Chauffer was
driving on the proper side of the road at a moderate
speed. He was not criminally liable.
d. People v Ayaya. When the husband was about to push
the door and crush the head of the son, the wife jabbed
the husband with the point of the umbrella to prevent
him from crushing the son’s head. Husband’s injury was a
mere accident.
4. ACTING UNDER COMPULSION OF AN IRRESISTIBLE FORCE
ARTICLE 12. Circumstances which exempt from criminal liability.
- the following are exempt from criminal liability:
1.
Any person who act under the compulsion of
irresistible force.
BASIS. Complete absence of freedom.
►Presupposes that a person is compelled by means of force or
violence to commit a crime
ELEMENTS, ACTING UNDER THE COMPULSION OF AN IRRESISTABLE
FORCE
1. That the compulsion is by means of physical force
2. That the physical force must be irresistible
3. That the physical force must come from a third person
-
The force must be irresistible to reduce the actor to a
mere instrument who acts not only without will but
against his will.
-
Duress, force, fear or intimidation must be present,
imminent and impending and of such nature as to
induce a well-grounded apprehension of death or
serious bodily harm if the act is not done.
a.
b.
-
US v Caballeros. Accused was at the plantation
gathering bananas. Upon hearing the shooting, he
ran but was seen by the leader of the band. They
called him and striking him with the butts of their
guns, compelled him to bury the bodies. Accused
acted under the compulsion of irresistible force.
People v Sarip. Accused, equipped with a rifle,
claimed that he was threatened with a gun by the
mastermind. There is no compulsion or irresistible
force.
Irresistible force can never consist in an impulse or
passion or obfuscation. It must be of an extraneous force
coming from a third person.
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5. ACTING UNDER THE IMPULSE OF AN UNCONTROLLABLE FEAR
ARTICLE 12. Circumstances which exempt from criminal liability.
- the following are exempt from criminal liability:
2.
e.
Any person who acts under the impulse of an
uncontrollable fear of an equal or greater injury.
-
BASIS. Complete absence of freedom.
Actus me invito factus non est meus actus. An act done by me
against my will is not my act.
►Presupposes that a person is compelled to commit a crime by
another; the compulsion is by means of intimidation or threat, not
force or violence.
ELEMENTS, ACTING UNDER THE IMPULSE OF AN UNCONTROLLABLE
FEAR (People v Petenia)
1. Existence of an uncontrollable fear
2. The fear must be real and imminent
3. The fear of an injury is greater than or at least equal to
that committed
4. That if promises an evil of such gravity and imminence
that he ordinary man would have succumbed to it (US v
Elicanal)
US v Exaltacion. Accused were compelled under
fear of death to swear allegiance to the Katipunan
whose purpose was to overthrow the government
by force of arms. Accused are not liable for rebellion
because they joined under the impulse of
uncontrollable fear of an equal or greater injury.
►Duress as a valid defense should be based on real, imminent or
reasonable fear for one’s life or limb, and should not speculative,
fanciful or remote fear.
A threat of future injury is not enough. Compulsion
must leave no opportunity to the accused for
escape or self-defense in equal combat.
EXCEPTION: Duress is unavailing where the accused
had the opportunity
1. to run away if he had wanted to or
2. to resist any possible aggression because he
was also armed.
a.
b.
c.
d.
People v Parulan. The accused had several
opportunities to leave the gang that
intimidated him into committing a crime to
kidnap the victim. Defense that he acted
under intimidation is untenable.
People v Vargas. Accused was armed with a
rifle, while the leader who threatened him to
join the band was armed with a revolver only.
He could have resisted the leader. Accused did
not act under impulse of an uncontrollable fear.
People v Rogado. Accused was armed with a
carbine which he could use to protect himself
from his superiors. Victim was brought to a
secluded place away from the superior,
accused could have escaped.
Accused
carried out the order to kill victim with a blow
that almost severed the head from the body.
He did not act under pressure of fear or force.
People v Ragala. Under the comman of
Hukbalahap, accused told his companions to
dig a grave, and he also walked behind the
Hukblahap killers to the place of execution of
the victim. Accused acted under the impulse of
uncontrollable fear.
People v Bagalawis. Nothing will excuse the act
of joining an enemy to commit treason but the
fear of immediate death.
Speculative, fanciful and remote fear is not
uncontrollable fear
a. People v Moreno. Accused executed the victim
under the order of Major Sasaki. When accused
refused to comply with the order, the Captain
said “You have to comply… otherwise, you
have to come along with us.” That threat is not
of such serious character and imminence.
b. People v Fernando. Mere fear of a member of
the Huk movement to disobey or refuse to carry
out orders of the organization, in the absence
of proof of actual physical or moral compulsion
to act, is not sufficient to exempt accused from
criminal liability.
IRRESISTABLE FORCE v UNCONTROLLABLE FEAR
IRRESISTABLE FORCE
UNCONTROLLABLE FEAR
The offender uses violence or The
offender
employs
physical force to compel intimidation or threat in
another person to commit a compelling
another
to
crime
commit a crime
6. INSUPERABLE OR LAWFUL CAUSES
ARTICLE 12. Circumstances which exempt from criminal liability.
- the following are exempt from criminal liability:
7.
Any person who fails to perform an act required by
law, when prevented by some lawful insuperable
cause.
BASIS. Excuses accused because he acts without intent, the third
condition of voluntariness in an intentional felony
ELEMENTS, INSUPERABLE OR LAWFUL CAUSES
1. That an ACT IS REQUIRED BY LAW TO BE DONE
2. That a person FAILS TO PERFORM such act
3. That his failure to perform such act was DUE TO SOME
LAWFUL OR INSUPERABLE CAUSES
-
Prevented by some LAWFUL CAUSE
a. Article 116 RPC requires a Filipino citizen who knows
of a conspiracy against the Government to report
the same to the governor or fiscal of the province
where he resides. A priest who do not disclose a
confession to commit conspiracy against the
Government is exempt from criminal liability.
-
Prevented by some INSUPERABLE CAUSE
a. US v Vicentillo. Under the law, person arrested must
be delivered to the nearest judicial authority within
18 hours, otherwise, the public officer will be liable
for arbitrary detention. Municipal president
detained the offended party for three days
because to take him to the nearest justice of the
peace required journey for three days by boat as
there was no other means of transportation.
b. People v Bandian. Mother was overcome by severe
dizziness and extreme debility at the time of
childbirth and left the child in a thicker where it died.
Mother is not liable for infanticide because it was
physically impossible for her to take home the child.
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of rendering some service to humanity or justice, nor to
anyone who shall enter cafes, taverns, inn and other
public houses, while the same are open.
ABSOLUTORY CAUSES
ABSOLUTORY CAUSES. Those where the act committed is a crime
but for reasons of public policy and sentiment, there is no penalty
imposed.
A.
B.
C.
8.
JUSTIFYING CIRCUMSTANCES
EXEMPTING CIRCUMSTANCES
OTHER ABSOLUTORY CAUSES
1. SPONTANEOUS DESISTANCE DURING THE ATTEMPTED
STAGE
Article 6. The spontaneous desistance of the person who
commenced the commission of a felony before he could
perform all the acts of execution (attempted stage), and
no crime under another provision of the RPC or other
penal law is committed
2.
3.
4.
5.
6.
LIGHT FELONY IS ONLY ATTEMPTED/FRUSTRATED, AND IS
NOT AGAINST PERSONS OR PROPERTY.
Article 7. When light felonies are punishable. - Light
felonies are punishable only when they have been
consummated, with the exception of those committed
against person or property.
ACCESSORY IS A RELATIVE TO THE PRINCIPAL
Article 20. Accessories who are exempt from criminal
liability. - The penalties prescribed for accessories shall
not be imposed upon those who are such with respect to
their spouses, ascendants, descendants, legitimate,
natural, and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single
exception of accessories falling within the provisions of
paragraph 1 of the next preceding article.
Article 19, par 1. Considered accessory by taking part
subsequent to commission of the crime “By profiting
themselves or assisting the offender to profit by the
effects of the crime.”
LEGAL GROUNDS FOR ARBITRARY DETENTION
Article 124, last paragraph. The commission of a crime, or
violent insanity or any other ailment requiring the
compulsory confinement of the patient in a hospital, shall
be considered legal grounds for the detention of any
person.
SLIGHT OR LESS SERIOUS INJURIES INFLICTED BY A PERSON
WHO SURPRISED HIS SPOUSE OR DAUGHTER IN THE ACT OF
SEXUAL INTERCOURSE WITH ANOTHER PERSON
Article 247. Death or physical injuries inflicted under
exceptional circumstances. - Any legally married person
who having surprised his spouse in the act of committing
sexual intercourse with another person, shall kill any of
them or both of them in the act or immediately
thereafter, or shall inflict upon them any serious physical
injury, shall suffer the penalty of destierro.
If he shall inflict upon them physical injuries of any other
kind, he shall be exempt from punishment.
7.
LEGAL GROUNDS FOR TRESPASS
Article 280, par. 3. The provisions of this article (on trespass
to dwelling) shall not be applicable to any person who
shall enter another's dwelling for the purpose of
preventing some serious harm to himself, the occupants
of the dwelling or a third person, nor shall it be applicable
to any person who shall enter a dwelling for the purpose
Article 332. Persons exempt from criminal liability. - No
criminal, but only civil liability, shall result from the
commission of the crime of theft, swindling or malicious
mischief committed or caused mutually by the following
persons:
1)
2)
3)
Spouses, ascendants and descendants, or
relatives by affinity in the same line.
The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same shall have passed into
the possession of another; and
Brothers and sisters and brothers-in-law and
sisters-in-law, if living together.
The exemption established by this article shall not be
applicable to strangers participating in the commission
of the crime.
9.
MARRIAGE OF THE OFFENDER AND OFFENDED PARTY IN
RAPE,
ABDUCTION,
SEDUCTION,
OR
ACTS
OF
LASCIVIOUSNESS
Article 344. Par 4. In cases of seduction, abduction, acts
of lasciviousness and rape, the marriage of the offender
with the offended party shall extinguish the criminal
action or remit the penalty already imposed upon him.
The provisions of this paragraph shall also be applicable
to the co-principals, accomplices and accessories after
the fact of the above-mentioned crimes.
10. INSTIGATION is an absolutory cause.
 ENTRAPMENT is not an absolutory cause.
BASIS. A sound public policy requires that the courts shall
condemn instigation by directing the acquittal of the
accused.
a.
b.
US v Phelps. A person instigated to smoke opium by
the police officer himself is not criminally liable.
People v Lia Chua. Pretending to have an
understanding with the Collector of Customs, Juan
Samson smoothened the way for the introduction of
prohibited drugs after the accused had already
planned its importation and ordered for the said
drug. Juan Samson did not induce or instigate the
accused. It was a trap set to catch a criminal.
INSTIGATION
Instigator
practically
introduces the would-be
accused
into
the
commission
of
the
offense
and
himself
becomes co-principal
ENTRAPMENT
The ways and means are
resorted to for the
purpose of trapping and
capturing the lawbreaker
in the execution of his
criminal plan
The
law
enforcer
conceives the comission
of the crime and suggests
to the accused who
adopts the idea and
carries it into execution.
The means originates
from the mind of the
criminal. The idea and
resolve come from him.
Absolutory cause
Accused
will
acquitted
NOT absolutory cause
NO
a
bar
against
accused’s
prosecution
and conviction
be
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Must be made by public
officers
or
private
detectives
►If instigation was made by a private individual and not
performing public function, both he (principal by
induction) and the one induced (principal by direct
participation) are criminally liable.
offended party shall extinguish the criminal action or
remit the penalty already imposed upon him. The
provisions of this paragraph shall also be applicable to
the co-principals, accomplices and accessories after the
fact of the above-mentioned crimes.
COMPLETE DEFENSES IN CRIMINAL CASES
1. ANY OF THE ESSENTIAL ELEMENTS OF THE CRIME CHARGED
IS NOT PROVED BY THE PROSECUTION AND THE ELEMENTS
PROVED DO NOT CONSTITUTE ANY CRIME
2.
THE ACT OF THE ACCUSED FALLS UNDER ANY OF THE
JUSTIFYING CIRCUMSTANCES. (Article 11)
3.
THE CASE OF THE ACCUSED FALLS UNDER ANY OF THE
EXEMPTING CIRCUMSTANCES (Article 12)
4.
THE CASE IS COVERED BY ANY OF THE ABSOLUTORY
CAUSES
5.
GUILT OF THE ACCUSED WAS NOT ESTABLISHED BEYOND
REASONABLE DOUBT
6.
PRESCRIPTION OF CRIMES (Article 89)
Article 89. How criminal liability is totally extinguished. Criminal liability is totally extinguished:
1) By the death of the convict, as to the personal
penalties and as to pecuniary penalties, liability
therefor 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;
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 Article 344 of this Code.
7.
PARDON BY THE OFFENDED PARTY BEFORE THE INSTITUTION
OF CRIMINAL ACTION IN CRIME AGAINST CHASTITY
(Article 344)
Article 344. Prosecution of the crimes of adultery,
concubinage, seduction, abduction, rape and acts of
lasciviousness. - The crimes of adultery and
concubinage shall not be prosecuted except upon a
complaint filed by the offended spouse.
The offended party cannot institute criminal prosecution
without including both the guilty parties, if they are both
alive, nor, in any case, if he shall have consented or
pardoned the offenders.
The offenses of seduction, abduction, rape or acts of
lasciviousness, shall not be prosecuted except upon a
complaint filed by the offended party or her parents,
grandparents, or guardian, nor, in any case, if the
offender has been expressly pardoned by the above
named persons, as the case may be.
In cases of seduction, abduction, acts of lasciviousness
and rape, the marriage of the offender with the
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CHAPTER THREE
CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY
Article 13. Mitigating circumstances. - The following are
mitigating circumstances;
1.
Those mentioned in the preceding chapter, when all
the requisites necessary to justify or to exempt from
criminal liability in the respective cases are not
attendant.
2.
That the offender is under eighteen year of age or
over seventy years. In the case of the minor, he shall
be proceeded against in accordance with the
provisions of Art. 80.
3.
That the offender had no intention to commit so grave
a wrong as that committed.
4.
That sufficient provocation or threat on the part of the
offended party immediately preceded the act.
5.
That the act was committed in the immediate
vindication of a grave offense to the one committing
the felony (delito), his spouse, ascendants, or relatives
by affinity within the same degrees.
6.
That of having acted upon an impulse so powerful as
naturally to have produced passion or obfuscation.
7.
That the offender had voluntarily surrendered himself
to a person in authority or his agents, or that he had
voluntarily confessed his guilt before the court prior to
the presentation of the evidence for the prosecution;
8.
That the offender is deaf and dumb, blind or otherwise
suffering some physical defect which thus restricts his
means of action, defense, or communications with his
fellow beings.
9.
Such illness of the offender as would diminish the
exercise of the will-power of the offender without
however depriving him of the consciousness of his
acts.
2.
Privileged Mitigating Circumstances
a. Article 68. Penalty to be imposed upon a person
under eighteen years of age. - When the offender is
a minor under eighteen years and his case is one
coming under the provisions of the paragraphs next
to the last of Article 80 of this Code, the following
rules shall be observed:
1)
Upon a person under fifteen but over nine years
of age, who is not exempted from liability by
reason of the court having declared that he
acted with discernment, a discretionary
penalty shall be imposed, but always lower by
two degrees at least than that prescribed by
law for the crime which he committed.
2)
Upon a person over fifteen and under eighteen
years of age the penalty next lower than that
prescribed by law shall be imposed, but always
in the proper period.
b.
Article 69. Penalty to be imposed when the crime
committed is not wholly excusable. - A penalty lower
by one or two degrees than that prescribed by law
shall be imposed if the deed is not wholly excusable
by reason of the lack of some of the conditions
required to justify the same or to exempt from
criminal liability in the several cases mentioned in
Article 11 and 12, provided that the majority of such
conditions be present. The courts shall impose the
penalty in the period which may be deemed
proper, in view of the number and nature of the
conditions of exemption present or lacking.
c.
Article 64 (5). Rules for the application of penalties
which contain three periods. - In cases in which the
penalties prescribed by law contain three periods,
whether it be a single divisible penalty or composed
of three different penalties, each one of which forms
a period in accordance with the provisions of
Articles 76 and 77, the court shall observe for the
application of the penalty the following rules,
according to whether there are or are not mitigating
or aggravating circumstances:
10. And, finally, any other circumstances of a similar
nature and analogous to those above mentioned.
5)
MITIGATING CIRCUMSTANCES. Those which, if present in the
commission of the crime, do not entirely free the actor from
criminal liability, but serve only to reduce the penalty.
BASIS. Based on the diminution of either freedom of
action, intelligence, or intent, or on the lesser perversity of
the offender.
Mitigating circumstances only reduce the penalty but do
not change the nature of the crime
CLASSES OF MITIGATING CIRCUMSTANCES
1. Ordinary Mitigating Circumstances
Those enumerated in subsections 1 to 10 of Article 13
-
Those mentioned in subsection 1 of Article 13 are
ordinary mitigating circumstances, if Article 69, for
instance, is no applicable.
d.
When there are two or more mitigating
circumstances
and
no
aggravating
circumstances are present, the court shall
impose the penalty next lower to that
prescribed by law, in the period that it may
deem applicable, according to the number
and nature of such circumstances.
PRIVILEGED
MITIGATING
CIRCUMSTANCES
APPLICABLE ONLY TO PARTICULAR CRIMES
1) Voluntary release of the person illegally
detained within three days without the
offender attaining his purpose and before
the institution of criminal action. (Art 268,
par 3). The penalty is one degree lower.
2)
Abandonment without justification of the
spouse who committed adultery. (Art 333,
par 3) The penalty is one degree lower.
Article 13 (1). Those mentioned in the preceding
chapter, when all the requisites necessary to justify
or to exempt from criminal liability in the respective
cases are not attendant.
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ORDINARY MITIGATING v PRIVILEGED MITIGATING
ORDINARY MITIGATING
PRIVILEGED MITIGATING
Susceptible of being offset by Cannot
be
offset
by
any
aggravating aggravating circumstance
circumstance
If not offset by an aggravating Produces
the effect
of
circumstance, produces only imposing upon the offender
the effect of applying the the penalty lower by one or
penalty provided by law for two degrees
than that
the crime in its minimum provided by law for the crime
period, in case of divisible
penalty
MITIGATING CIRCUMSTANCES
1. INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCE
2. MINORITTY (15-18 Y/O WITH DISCERNMENT), OR SENILITY
(OVER 70 Y/O)
3. NO INTENTION TO COMMIT SO GRAVE A WRONG (PRAETER
INTENTIONEM)
4. SUFFICENT THREAT OR PROVOCATION
5. VINDICATION OF GRAVE OFFENSE
6. PASSION AND OBFUSCATION
7. VOLUNTARY SURRENDER AND CONFESSION OF GUILT
8. PHYSICAL DEFECT OF OFFENDER
9. ILLNESS OF THE OFFENDER
10. SIMILAR OR ANALOGOUS CIRCUMSTANCES
1. INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCE
Article 13. Mitigating circumstances. - The following are
mitigating circumstances:
1. Those mentioned in the preceding chapter, when all the
requisites necessary to justify or to exempt from criminal liability
in the respective cases are not attendant.
►When not all (but majority of) the elements of the following
justifying or exempting circumstances are present, they give place
to mitigation:
1. Self-defense (Art 11(1))
2. Defense of Relatives (Art 11(2))
3. Defense of Starnger (Art 11(3))
4. State of Necessity (Art 11(4))
5. Performance of Duty (Art11 (5))
6. Obedience to order of superior (Art 11(6)
7. Minority above 15 but below 18 years of age (RA 9344)
8. Causing injury by mere accident (Art 12 (4))
9. Uncontrollable fear (Art 12 (6))
*Article 12 paragraphs 1 and 2 cannot give place to
mitigation. The mental condition of a person is indivisible,
no middle ground between sanity and insanity.
 If offender is suffering from some illness which
diminishes the exercise of willpower, without
depriving him of consciousness of his acts, such
circumstance is considered mitigation under
Article 13 par 9.
INCOMPLETE JUSTIFYING CIRCUMSTANCES
a. INCOMPLETE SELF-DEFENSE, DEFENSE OF RELATIVES, AND
DEFENSE OF STRANGER
Unlawful aggression must be present, it being an
indispensable requisite.
1) Unlawful aggression + means employed is not
reasonable + lack of provocation
2) Unlawful aggression + reasonable necessity of
the means employed + gave provocation
b.
Incomplete justifying circumstances of AVOIDANCE OF
GREATER EVIL OR INJURY
If any of the last two requisites is absent, mitigating
1) (First) That the evil sought to be avoided
actually exists + (Second) That the injury feared
be greater than that done to avoid it;
2) (First) That the evil sought to be avoided
actually exists + (Third) That there be no other
practical and less harmful means of preventing
it.
c.
Incomplete justifying circumstance of PERFROMANCE OF
DUTY
People v Oanis. One of the two requisites must be
present
a) That the accused acted in the performance of
a duty or in the lawful exercise of a right or
office; or
b) That the injury caused or offense committed be
the necessary consequence of the due
performance of such duty or the lawful exercise
of such right
d.
Incomplete justifying circumstance of OBEDIENCE TO AN
ORDER
Requisite
a) Lawful Purpose
b) Act in Obedience to an Order
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People v Bernal. Only second requisite was present,
SC granted mitigation. Roleda fired at the prisoner
following the order of his sergeant, but the order was
obviously illegal and unwarranted. Benting led his
companions to believe that Pilones had killed not
only a barrio lieutenant but also a comrade military
police. This may have aroused in Roleda a feeling of
resentment that may have impelled him to readily
and without questioning follow the order of Sgt.
Benting. Roleda was a subordinate of Sgt. Benting
who gave the order, and while out on patrol, the
soldiers were under the immediate command and
control of Sgt. Benting.
INCOMPLETE EXEMPTING CIRCUMSTANCES
a. Incomplete exempting circumstance of OVER 15 AND
UNDER 18 YEARS OF AGE
Two requisites/conditions must be present
a) That the offender is over 15 and under 18 years
old, AND (+)
b) That he acted with discernment
b.
Incomplete exempting circumstance of ACCIDENT
Requisites
a) A person is performing a lawful act
b) He causes injury to another by mere accident
c) Without intention of causing it
Elements of the justifying circumstance not present
a) Due care
b) Without fault of causing it
-
-
c.
Person must be performing a lawful act and without
intention to cause injury, otherwise, he commits an
intentional felony
Article 365 which punishes felony by imprudence
and negligence sets a penalty lower than that which
punishes intentional felony; hence, mitigating
Incomplete
exempting
circumstance
of
UNCONTROLLABLE FEAR
Either one of the two requisites must be present
a) That the threat which cause the fear was of an
evil greater than, or at least equal to, that which
he was require to commit, OR
b) That it promised an evil of such gravity and
imminence that an ordinary person would have
succumbed to it (uncontrollable)
2. MINORITTY (15-18 Y/O WITH DISCERNMENT), OR SENILITY (OVER
70 Y/O)
Article 13. Mitigating circumstances. - The following are
mitigating circumstances:
2. That the offender is under eighteen year of age or over
seventy years. In the case of the minor, he shall be proceeded
against in accordance with the provisions of Art. 80.
BASIS. Based on the diminution of intelligence which is a condition
of voluntariness.
►When the offender is at least 15 but under 18 y/o, he may be
exempt from criminal liability if he acted WITHOUT discernment.
 If such offender acted WITH discernment, he shall
undergo diversion programs under RA 9344.
DIVERSION. An alternative, child-appropriate process of
determining the responsibility and treatment of a child in
conflict with the law on the basis of his/her social, cultural,
economic, psychological or educational background
without resorting to formal court proceedings.
DIVERSION PROGRAM. The program that the child in
conflict with the law is required to undergo after he/she
is found responsible for an offense without resorting to
formal court proceedings.
SYSTEM OF DIVERSION
Where the
imposable penalty
is not more than six
years
imprisonment
The law enforcement office or Punong
Barangay, assisted by local SWDO and
LCPC
Conduct mediation, family
conferencing and conciliation, and
where appropriate, adopt indigenous
modes of conflict resolution
In victimless crimes
with imposable
penalty is not more
than six years
imprisonment
Local SWDO
Where the
imposable penalty
exceeds six years
imprisonment
Diversion measures may be resorted to
only by the courts
Meet with the child and hi parents or
guardians for the development of the
appropriate diversion and rehabilitation
program, in coordination with the BCPC
►A CICL may undergo conferencing, mediation or conciliation
outside the criminal justice system or prior to his entry to the system.
A Contract of Diversion may be entered into.
a. If during the conferencing, mediation or conciliation, the
child voluntarily admits the commission of the act, a
diversion program shall be developed.
b. Diversion program shall be effective and binding if
accepted in writing by both parties concerned. Must be
signed by the parties and appropriate authorities.
c. Diversion proceedings shall be completed within 45 days.
Period of prescription of the offense shall be suspended
until the completion of the diversion proceedings.
d. Local SWDO shall supervise the implementation of the
diversion program.
e. The child shall present himself to the competent
authorities that imposed the diversion program at least
once a month for reporting and evaluation.
f.
Failure to comply with the terms and conditions of the
contract of diversion as certified by the local SWDO shall
give the offended party the option to institute the
appropriate legal action.
g. Period of prescription of the offense shall be suspended
during the effectivity of the diversion program, but not
exceeding two years.
h. Diversion may be conducted at the Katarungang
Pambarangay, the police investigation or the inquest or
preliminary investigation stage and at all level and
phases of the proceedings including judicial level.
►If the offense is not subject to diversion:
a. The Punong Barangay handling the case shall, within
three days from the determination of the absence of
jurisdiction over the case or termination of the diversion
proceeding as the case may be, forward the records of
the case to the law enforcement officer, prosecutor or
the appropriate court.
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b.
c.
In case a law enforcement officer handles the case, he
shall forward the records of the case within the three
days to the prosecutor or judge concerned for the
conduct of inquest and/or preliminary investigation/
The document transmitting said records shall display the
word “CHILD” in bold letters.
►Senility or that the offender is over 70 y/o is only a generic
mitigating circumstance.
Prior to the enactment of RA 9346 (prohibiting death
penalty), there were two cases where senility had the
effect of a privileged mitigating circumstance:
1) When the offense is punishable by death, that
death penalty shall not be imposed
2) When the death penalty is already imposed, it
shall be suspended and commuted.
The death penalty will be lowered to life imprisonment
(reclusion perpetua).
3. NO INTENTION TO COMMIT SO GRAVE A WRONG (PRAETER
INTENTIONEM)
Article 13. Mitigating circumstances. - The following are
mitigating circumstances:
3. That the offender had no intention to commit so grave a
wrong as that committed.
BASIS. Intent, which is an element of voluntariness in intentional
felonies, is diminished
►Take into account only when it is proven that there is a notable
and evident disproportion between the means employed to
execute the criminal act and its consequences.
APPLICATION OF ART 13 PAR 3
a. Applicable only to offenses resulting in Physical Injuries or
material harm
 Does NOT apply in slander, defamation
 Appreciated in Malversation of Public Funds
b.
Appreciated in murder qualified by circumstances
based on manner of commission, but not on state of
mind of accused
 Does not apply in murder qualified by treachery
c.
LACK OF INTENT TO KILL, appreciated in crimes against
persons when the victim dies
 Does not apply in Physical Injuries
d.
Does NOT apply in felonies by negligence (since in culpa,
intent is replaced by negligence, imprudence, lack of
foresight or lack of skills)
e.
Not applicable in Unintentional Abortion.
 People v Falmeño. Art 13 par 3 was applied when
accused having intended at the most to maltreat
the complainant only, pulled her hair, causing her
to fall and caused the fetus to fall from her womb.
EXAMPLES, WHEN INTENT IS PRESENT/ PROVEN
a. People v Rabao. Husband punched his wife in the
abdomen causing the rapture of her hypertrophied
spleen from which she died.
b. US v Bertucio. Accused gave a single blow at the right
arm of the victim. Victim died due to neglect and lack of
c.
medical treatment. Those who attended to victim did not
know how to stop or control in time the victim’s
hemorrhage.
People v Ural. Policeman boxed deceased detention
prisoner inside the jail. Deceased collapsed because of
the fistic blow. Accused stepped on the body and left.
He returned with a bottle, poured its content to the
deceased and ignited it. Held: It is manifest from the
proven facts that appellant Ural had no intent to kill
Napola. His design was only to maltreat him may be
because in his drunken condition he was making a
nuisance of himself inside the detention cell. When Ural
realized the fearful consequences of his felonious act, he
allowed Napola to secure medical treatment at the
municipal dispensary.
►In Article 13 Par 3, it is the intention of the offender at the moment
when he is committing the crime that is considered, NOT his
intention during the planning stage.
HOW INTENTION IS PROVEN
1. Intention, being an internal state, must be judged by
external acts.
a. The fact that the blow was or was not aimed at
a vital part of the body
b. US v Mendac. By hitting the victim in the
abdomen, accused has a definite and
perverse intention of producing the injury.
c. People v Ural. After realizing his crime, accused
allowed the victim to secure medical treatment
d. US v Fritzgerald. By using a revolver which is
sufficient means to kill, intent to kill is presumed.
e. People v Amit. Accused was 25 who tried to
rape victim, 57. When victim resisted, accused
boxed her, held her on the neck and pressed it
down while she was lying on her back and he
was on top of her. The acts were sufficient to
produce the death of victim.
f.
People v Orongan. Accused used a six-inch
knife to stab victim. He even attempted a
second stab. Art 13 Par 3 does not apply.
2.
The weapon used, the part of the body injured, the injury
inflicted, and the manner it is inflicted may show that the
accused intended the wrong committed.
a. People v Braña. Inflicting five stab wounds in
rapid succession negates pretense of lack of
intention to cause so serious an injury.
b. People v Abueng. In robbery with homicide,
where it has not been proven that in forcing
entrance through the door, accused were not
aware that the deceased was behind the door
and would be hurt.
4. SUFFICENT THREAT OR PROVOCATION
Article 13. Mitigating circumstances. - The following are
mitigating circumstances:
4. That sufficient provocation or threat on the part of the
offended party immediately preceded the act.
BASIS. Diminution of intelligence and intent
PROVOCATION. Any unjust or improper conduct or act of the
offended party, capable of exciting, inciting, or irritating any one
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REQUISITES, PROVCATION
1. That the provocation must be sufficient
2. That it must originate from the offended party; and
3. That the provocation must be immediate to the act, i.e.
to the commission of the crime by the person who is
provoked
1.
That the provocation must be sufficient
Sufficient means adequate to excite a person to
commit the wrong and must accordingly be
proportionate to its gravity
Depends upon the act constituting the provocation,
the social standing of the person provoked, the
place and the time when the provocation is made
EXAMPLES, SUFFIFICENT PROVOCATION
a. US v Carrero. The victim, a laborer, left his place
in the line to receive their wages and forced his
way into the files. Accused foreman ordered
him out but he persisted. Foreman gave him a
blow. When the aggression is in retaliation for an
insult, injury, or threat, the offender cannot
claim self-defense but at most, he can be given
the provocation as mitigating circumstance.
b. US v Firmo. Deceased abused and ill-treated
the accused by kicking and cursing him.
c. People v Marquez. While in his house, the
accused saw an unknown person jumping out
of his window and his wife begged for pardon
on her knees. He killed his wife.
d. US v Cortes. In a challenge to fight, where the
deceased insulted the accused, there is no selfdefense but there is provocation.
 US v Mandac. Deceased challenged
accused. They were prevented by other
people from fighting. Accused sought
deceased in their house. No provocation.
e. People v Manansala. Victim hit the accused on
the eye with his fist before the fight.
f.
US v Firmo. The accused who was intoxicated,
abused the accused by kicking and cursing
him. Accused stabbed victim.
g. People v Macariola. Victim kicked accused on
the chest prior to the stabbing.
h. Romera v People. Thrusting his bolo to accused,
threatening to kill him and hacking the bamboo
walls of his house.
-
2.
EXAMPLES, PROVOCATION NOT SUFFICIENT
a. People v Laude. Victim asked accused for
explanation for his derogatory remarks against
certain ladies.
b. People v Nabora. Victim pointed his finger at
the accused, asked him what he was doing at
there, and said “Don’t you know we are
watching for honeymooners here?”
c. US v Abijan. Deceased (public officer) ordered
the arrest of the accused for misdemeanor.
Performance of a duty is not a source of
provocation.
d. People v Court of Appeals, GR 103613. Blowing
of horns, cutting of lanes or overtaking are not
sufficient provocation.
That it must originate from the offended party; and
Ratio: The law says that the provocation is “on the
part of the offended party.”
3.
That the provocation must be immediate to the act, i.e.
to the commission of the crime by the person who is
provoked
People v Alconga. Provocation made by the
deceased in the first stage of the fight is NOT a
mitigating circumstance when the accused killed
him after he had fled.
Between the provocation by the victim and the
commission of the crime by the person provoked/
accused, there should NOT be an interval of time.
Ratio: The law requires that thee provocation
“immediately preceded the act.”
-
-
Threat immediately preceded the act
Threat must NOT be offensive or positively strong,
because if it is, the threat is an unlawful aggression
that will give rise to self-defense
Vague threats are not sufficient
a. Not sufficient: “If you do not agree, beware.”
b. Sufficient: “Follow us if you dare and we will kill
you.”
SUFFICIENT PROVOCATION,
AS A REQUISITE OF INCOMPLETE SELF-DEFENSE v
AS A MITIGATING CIRCUMSTANCE
Incomplete Self-Defense
Mitigating Circumstance
Must be absent on the part of Must be present on the part of
the person defending himself
the offended party/ accused
5. VINDICATION OF GRAVE OFFENSE
Article 13. Mitigating circumstances. - The following are
mitigating circumstances:
5. That the act was committed in the immediate vindication of
a grave offense to the one committing the felony (delito), his
spouse, ascendants, or relatives by affinity within the same
degrees.
BASIS. Based on the diminution of the conditions of voluntariness
REQUISITES, VINDICATION
1. That there be a grave offense done to the one committing
the felony, his spouse, ascendants, descendants,
legitimate, natural or adopted brothers or sisters, or
relatives by affinity within the same degrees;
2. That the felony is committed in vindication of such grave
offense. A lapse of time is allowed between the
vindication and the doing of the grave offense.
1.
That there be a grave offense done to the one committing
the felony, his spouse, ascendants, descendants,
legitimate, natural or adopted brothers or sisters, or
relatives by affinity within the same degrees;
AGAINST THE PERSON OR HIS RELATIVES;
Relatives included
1. Spouse
2. Ascendants and descendants
3. Legitimate, natural or adopted brothers or
sisters
4. Relative by affinity within the same degree
Relationship by affinity created by
marriage survives the death of any of the
spouses.
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2.
GRAVITY OF OFFENSE
Must be decided by court, having in mind the
social standing o fthe person, the place and the
time when the insult was made(People v Ruiz)
EXAMPLES
a. US v Ampar. During a fiesta, a 70 y/o man
asked deceased for roast pig. In the
presence of many guests, the deceased
insulted the old man. When the deceased
was squatting down, the old man struck
him with an axe on the head from behind.
The age of the accused and the place
were considered in determining gravity of
the offense.
b. People v Rosel. Remark of the injured party
before the guests that accused lived at the
expense of his wife. Place taken into
consideration.
c. People v Luna. Taking into account that
American forces had just occupied
Manila, accused considered the remark of
offended party “You are a Japanese spy”
as a grave offense. Time was considered.
d. US v Alcasid. Having found the victim in the
act of committing an attempt against his
wife
e. People v David. When injured party insulted the
father of the accused contemptuously
That the felony is committed in vindication of such grave
offense. A lapse of time is allowed between the
vindication and the doing of the grave offense.
The word immediate used in the English text is not
the correct translation of the Spanish word
“proxima.”
People v Parana. Vindication was considered
immediate when the influence of a grave offense,
by reason of its gravity and the circumstances under
which it was inflicted lasted until the crime was
committed.
EXAMPLES,
INTERVAL
OF
TIME
NEGATING
VINDICATION
a. People v Lumayag. Victim boxed accused
several times in the face, and Victim was
convicted for less serious physical injuries. Victim
appealed. Pending appeal and approximately
nine months after the boxing, Accused killed
Victim.
b. People v Benito. At 11:00 am in the presence of
accused and his officemates, victim uttered
“Hindi ko alam na itong Civil Service pala ay
istambayan ng magnanakaw.” At 5:00 pm of
the same day, accused killed the victim.
c. People v Lopez. Where the accused heard the
deceased say that the accused’s daughter is a
flight, and the accused stabbed the victim two
months later.
Provocation or threat must
immediately precede the act
Vindication
proximate
There be no interval of time
between the provocation
and crime
Allows
interval
of
time
between the grave offense
and the crime
Concerns mere spite against
one giving provocation
Concerns the honor of a
person
The cause need not be a
grave offense
VINDICATION
Grave offense may be
committed
against
the
offender’s relatives provided
by law
Offended party/ victim must
have done a grave offense to
the offender or his relatives
be
►Law is more lenient in vindication since it concerns the honor of
a person which is an offense more worthy of consideration than
mere spite against one giving provocation or threat.
►Provocation should be proportionate to the damage caused by
the act and adequate to stir one to its commission
Example: People v Lopez. The remark attributed to the
deceased that the daughter of the accused is a flirt does
not warrant and justify the act of accused in slaying the
victim.
►Vindication must be directed to the accused.
People v Benito. Remark of the victim made in the
presence of the accused and his workmates that the
Civil Service is a hangout for thieves was general in
nature and not specifically directed to the accused. This
cannot be considered a grave offense against the
accused.
►Vindication of a grave offense is incompatible with passion or
obfuscation.
They may be deemed to have attended the commission
of the crime alternatively
Both mitigating circumstances cannot co-exist
6. PASSION AND OBFUSCATION
Article 13. Mitigating circumstances. - The following are
mitigating circumstances:
6. That of having acted upon an impulse so powerful as naturally
to have produced passion or obfuscation.
BASIS. Diminution of intelligence and intent of the accused
When there are causes naturally producing in a person
powerful excitement, he loses his reason and self-control,
thereby diminishing the exercise of his will power.
REQUISITES, PASSION OR OBFUSCATION
1. That there be an act, both unlawful and sufficient to
produce such a condition of mind;
2. That said act which produced the obfuscation was not far
removed from the commission of the crime by a
considerate length of time, during which the perpetrator
might recover his normal equanimity
1.
PROVOCATION v VINDICATION
PROVOCATION
Made directly only to the
person committing the felony
may
That there be an act, both unlawful and sufficient to
produce such a condition of mind;
-
The act of the offended party/ victim must be
unlawful or unjust
a. People v Quijano. Common-law wife who left
the common house and refused to go home
with accused was acting within her rights, and
the accused common-law husband had no
legitimate right to compel her to go with him.
The act of the wife was insufficient to produce
passion and obfuscation.
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b.
c.
d.
e.
-
-
2.
US v Ortenio. Accused killed his wife when she
visited her uncle. Accused was jealous and wife
refused to return home until after the arrival of
her uncle. Mitigating circumstance was
present.
People v Ancheta. Upon seeing the person who
stole his carabao, accused shot the thief.
Mitigating circumstance was present.
People v Samonte Jr. Deceased created
trouble during the wake which scandalized the
mourners and offended the sensibilities of the
grieving family. Mitigating circumstance was
present.
People v Castro. Deceased boxed the
accused’s four year old son.
Exercise of a right or fulfillment of duty by the
offended party/ victim is not a proper source of
passion or obfuscation.
a. People v Noynay. Accused’s carabao
destroyed the sugarcane of the victim. Victim
demanded payment. Accused refused to pay.
When victim was about to take the carabao to
the barrio lieutenant, accused killed him. Victim
was clearly within his rights in what he did.
Mitigating circumstances not present.
b. People v Caliso. The mother had the perfect
right to reprimand the accused, her child, for
indecently converting the family’s bedroom
into a rendezvous of herself and her lover.
Mitigating circumstance not present.
c. US v Taylor. Accused was making a disturbance
on a public street and a policeman came to
arrest him. Anger and indignation resulting from
the arrest cannot be considered passion or
obfuscation.
The act must be sufficient to produce such a
condition of mind.
a. US v Diaz. If the cause of the loss of self-control
was trivial and slight, the obfuscation is not
mitigating. Examples:
1) Victim failed to work on the hacienda
of which the accused was the
overseer
2) When the accused saw the injured
party picking fruits from the tree
claimed by the former
-
Passion and obfuscation need not be felt only in
seconds before the commission of the crime. It may
build up and strengthen over time until it can no
longer be repressed and will ultimately motivated
the commission of the crime.
a. People v Oloverio. When the victim not only
threatened to molest the accused’s daughter
but also accused him in public of having
incestuous relations with his mother, insulting
him in full view of his immediate superior,
passion may linger and build up over time.
-
Passion or obfuscation may constitute a mitigating
circumstance only when the same arose from lawful
sentiments.
 Even if there is passion or obfuscation on the
part of the offender, there is no mitigating
circumstance when the act committed is:
1) in a spirit of lawlessness; or
2) in a spirit of revenge.
a.
b.
c.
d.
e.
That said act which produced the obfuscation was not far
removed from the commission of the crime by a
considerate length of time, during which the perpetrator
might recover his normal equanimity
f.
-
The act producing obfuscation must not be far
removed from the commission of the crime by a
considerable length of time, during which the
accused might have recovered his normal
equanimity. To be proven by defense.
-
The crime committed must be the result of a sudden
impulse of natural and uncontrollable fury.
a. People v Daos. Obfuscation cannot be
mitigating in a crime which was planned and
calmly meditated, or the impulse upon which
the accused acted was deliberately fomented
by him for a considerable period of time.
US v Hicks. Deceased separated from accused
after five years of illicitly living together, and
lived with another man. Accused killed
deceased. Did not arise from legitimate
feelings.
US v De la Cruz. Accused killed his commonlaw-wife after discovering in flagrante in carnal
communication
with
a
common
acquaintance. Impulse was caused by the
sudden revelation that she was untrue to him.
Mitigating circumstance is present.
People v Engay. Accused common law wife
lived with deceased for 15 years as a real wife
who house she helped support. Deceased
married another woman. Accused killed him.
Mitigating circumstance present.
People v Yuman. Common-law spouses for
three or four years, until husband left their
common dwelling. Deceased gave her a harsh
treatment. Thinking that after the husband took
advantage of her, he abandoned her, the wife
stabbed husband. Mitigating circumstance is
present.
People v Bello. Accused learned that his
(former) partner was being used for purposes of
prostitution, which wounded his feelings. He
consumed a large amount of wine before
visiting his partner to plead that she leave her
work. She insultingly refused the proposal and
showed her determination to pursue a lucrative
profession. Mitigating circumstance was
present.
People v Gravino. Girl’s sweetheart killed the
girl’s father and brother because the girl’s
parents objected their getting married and the
girl consequently broke-off their relationship.
Act was actuated by lawlessness and revenge.
No mitigating circumstance.
In spirit of lawlessness
g.
People v Caliso. Mother of the child has the
right to reprimand accused for indecently
converting the family’s bedroom into a
rendezvous of herself and her lover. Nanny
poisoned the nine-month-old child. Nanny was
actuated by lawlessness and revenge.
h. People v Cabarrubias. Screams of an eight year
old child are not provocative enough to
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i.
generate a sudden impulse of natural and
uncontrolled fury.
People v Sanico. Accused raped a woman
because he found himself in a secluded place
with a young ravishing woman who is almost
naked. No mitigating circumstance.
In spirit of Revenge
j.
People v Caliso. Woman poisoned the ninemonth-old child she is taking care of with acid.
Before the killing, the mother of the child
surprised her with a man on the bed of the
master and scolded her. No mitigating
circumstance, she actuated with lawlessness
and revenge.
k. People v Bates. Marcelo was infuriated upon
seeing his brother shot by Jose. Marcelo
hacked Jose right after seeing him shoot his
brother. Upon seeing his brother dead, Marcelo
went back to Jose who was already prostate
and hardly moving. The second hacking was a
clear case of acting out of revenge.
-
-
The offender must act under the impulse of special
motives.
a. People v De Guia. Impulse in the state of
excitement is not considered powerful as to
produce obfuscation.
 People v Flores. Each used a very insulting
language concerning the other, and that
they must have been very greatly excited
as a result of the quarrel. Mitigating
circumstance of obfuscation was present.
b. People v Mil. Accused killed deceased
because he did not deliver the letter of F to A.
On the letter, the accused had pinned his
hopes of settling the case against him
amicably. Failure of deceased to deliver the
letter is a prior unjust and improper act sufficient
to produce great excitement and passion.
Where the crime arose out of rivalry, passion or
obfuscation is mitigating. Resentment resulting from
rivalry is a powerful instigator of jealousy and prone
to produce anger and obfuscation.
 Obfuscation arising from jealousy cannot be
invoked if the relationship is illegitimate.
(People v Salazar; People v Olgado)
 US v De la Peña. Loss of reason and self-control
due to jealousy between rival lovers was not
mitigating. (in an early case)
-
The cause producing passion or obfuscation must
come from the offended party.
a. People v Esmedia. Two sons in the defense of
their wounded father killed S. Under great
excitement, they also killed C who was near the
scene at the time. C had not taken part of the
quarrel and had not provoked the sons. Passion
and obfuscation cannot mitigate their liability
with respect to C.
-
Passion or obfuscation may lawfully arise from
causes existing only in the honest belief of
offender.
a. US v Ferrer. The defendant believed that
deceased caused his dismissal from
employment
b.
c.
US v Maalintal. The defendants believed in
good faith that the deceased casted upon
their mother a spell of witchcraft which was the
cause of her illness
Bongalon v People. Accused believed that
victims had thrown stones at his two minor
daughters and burned the hair of one of the
daughters
-
Provocation and obfuscation arising from one and
the same cause should be treated as only one
mitigating circumstance.
-
Vindication of grave offense cannot co-exist with
passion and obfuscation.
 EXCEPTION: Where there are other facts
although closely connected with the fact upon
which one circumstance is premised, the other
circumstance may be appreciated as based
on the other fact. (People v Diokno)
-
Passion or obfuscation is compatible with lack of
intention to commit so grave a wrong.
-
Passion or obfuscation incompatible with treachery,
and evident premeditation.
PASSION OR OBFUSCATION V IRRESISTABLE FORCE
PASSION/ OBFUSCATION
IRRESISTABLE FORCE
Mitigating Circumstance
Exempting Circumstance
Cannot give rise to an
Requires physical force
irresistible force
Is in the offender himself
Comes from a third person
Must arise from lawful
Irresistible force is unlawful
sentiments
PASSION V PROVOCATION
PASSION/ OBFUSCATION
Produced by an impulse
which may be caused by
provocation
Offense need not be
immediate
The influence of the impulse
must last until the moment
the crime is committed
Effect is loss of reason and
self-control of offender
PROVOCATION
Comes from the injured party
Must immediately precede
the commission of the crime
Effect is loss of reason and
self-control of offender
the
the
the
his
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7. VOLUNTARY SURRENDER AND CONFESSION OF GUILT
Article 13. Mitigating circumstances. - The following are
mitigating circumstances:
e.
7. That the offender had voluntarily surrendered himself to a
person in authority or his agents, or that he had voluntarily
confessed his guilt before the court prior to the presentation of
the evidence for the prosecution;
f.
BASIS. Lesser perversity of the offender.
TWO MITIGATING CIRCUMSTANCES IN ART 13 PAR 7
1. Voluntary surrender to a person in authority or his agents
2. Voluntary confession of guilt before the court prior to the
presentation of evidence for the prosecution
-
When both of them are present, they should have
the effect of two independent circumstances
VOLUNTARY SURRENDER TO A PERSON IN AUTHORITY OR HIS AGENTS
REQUISITES
1. That the offender had not been actually arrested
2. That the offender surrendered himself to a person in
authority or to the latter’s agent
3. That the surrender was voluntary
a. Voluntary surrender must be spontaneous in such a
manner that is shows the interest of the accused to
surrender unconditionally to the authorities
Spontaneous. Emphasized the idea of an inner
impulse acting without external stimulus. The
conduct of accused and not his intention alone
after the offense determines spontaneity of
surrender.
When the offender imposed a condition or
acted with external stimulus, his surrender is not
voluntary
There is spontaneity even if the surrender was
induced by fear.
b.
Either because he acknowledged his guilt or he
wishes to save them the trouble and expenses
necessarily incurred in his search and capture
c.
Mitigating Circumstance cannot be appreciated
when the offender did not intend to assume
responsibility for crime even if he went with the
barangay officials to the police station(People v
Nimuan)
EXAMPLES, VOLUNTARY SURRENDER
a. People v Tenorio. After he commit the crime, accused
when to the municipal hall, and in the presence of a
patrolman, threw away his weapon, raised his hands and
admitted his crime.
b. People v Dayrit. After commission of the crime, accused
ran into his hotel room to hide from the companions of
the deceased. He threw his weapon at the door. When
the police arrived, he admitted ownership of the
weapon and voluntarily wen with them.
c. People v Benito. After shooting, the accused called the
police. When police arrived, he voluntarily approached
them and without revealing his identity, told that he knew
the suspect and his motive. In the police station, he
confided to the investigators that he was voluntarily
surrendering and surrendered the gun he use.
d. People v Magpantay. Two accused left the scene of the
crime but made several attempts to surrender to various
g.
local officials which did not materialize for some reasons.
It was already a week before after when they were finally
able to surrender.
People v Radomes. Accused did not offer any resistance
nor try to hide when a policeman ordered him to come
down his house. He even surrendered the bolo he used
in the crime.
People v Jereza. Accused wen to the police
headquarters to surrender the firearm used in the crime.
His arrival at the police station is considered an act of
surrender.
People v Braña. The warrant of arrest had not been
served or not returned unserved because the accused
cannot be located. There is direct evidence that the
accused voluntarily presented himself to the police when
he was taken into custody. Voluntary surrender was
appreciated.
EXAMPLES, NOT CONSTITUTING VOLUNTARY SURRENDER
a. The warrant of arrest showed that the accused was in
fact arrested.
b. People v Roldan. Accused surrendered only after the
warrant of arrest was served upon him.
c. People v Velez. Police blotter used the word
“surrendered” but the accused was admitted that he
was actually yielded because of the warrant of arrest.
d. People v Mationg. Accused went into hiding and
surrendered only when he realized that the police were
closing in on them.
e. People v Salvilla. Accused were asked to surrender by
polic and military but they refused until they realized that
were completely surrounded and there was no chance
of escape. The surrender was not spontaneous.
f.
People v De la Cruz. Search for accused lasted for four
years. This belies the spontaneity of the surrender.
g. People v Garcia. Accused went to a police in Dapupan
City and asked that he be accompanied to Olongapo
City after he learned that his picture was seen posted in
the municipal building. No other evidence that he
deliberately surrendered to police.
h. People v Trigo. Accused inly went to the police station to
report that his wife was stabbed by another persona and
to seek protection for himself.
i.
People v Rogales. Accused went to the PC headquarters
not to surrender but merely to report the incident. This did
not show accused’s desire to own the responsibility for
the crime.
j.
People v Canoy. The Chief of Police placed the accused
under arrest in his employer’s home. It does not appear
that it was the idea of the accused to send for the police
for the purpose of giving himself up.
k. People v Ribinal. Accused was arrested in his boarding
house and upon being caught, pretended to say that he
was on his way to the municipal building to surrender to
authorities.
►There is no mitigating circumstance of voluntary surrender when
the defendant was in fact arrested. (People v Conwi)
 People v Parana. Having the opportunity to escape,
accused voluntarily waited for the agents of the
authorities and gave himself up, he is entitled to voluntary
surrender, even if he was placed under arrest then and
there.
 People v Babiera. Accused helped in carrying his victim
to the hospital where he was disarmed and arrested, it is
tantamount to voluntary surrender.
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►The law does not require that the surrender be prior to the order
of arrest. The RPC does not make any distinction among the
various moments when the surrender may occur.
 Rivers v Court of Appeals. Accused presented himself in
the municipal building to post bond for his temporary
release. The fact that the order of arrest had already
been issued is not bar to the application of mitigating
circumstance of voluntary surrender.
 De Vera v De Vera. Immediately upon learning that a
warrant for his arrest was issued, and without the same
having been served on him, the accused surrendered to
the police. Accused may still be entitled to voluntary
surrender.
►Surrender of weapons cannot be equated with voluntary
surrender. Voluntary surrender does not simply mean non-flight.
a. People v Jose de Ramos. After the incident, accused
reported it to the councilor. Then, he went to the Chief of
Police to whom he relayed what happened and
surrendered the bolo used in the crime. No mitigating
circumstance.
b. People v Palo. Accused merely surrendered the gun used
in the killing. No voluntary surrender.
c. People v Canoy. Accused did not escape or hide. In fact,
he accompanied the Chief of Police to the scene of the
crime without surrendering to him and admitting
complicity in the killing. It does not matter if accused
never avoided arrest and never hid or fled. What the law
considers is the voluntary surrender before arrest. No
voluntary surrender.
d. People v Rogales. Accused went to the PC headquarters
to surrender but merely to report the incident. He never
evinced any desire to own the responsibility for the killing.
No voluntary surrender.
VOLUNTARY CONFESSION OF GUILT BEFORE THE COURT PRIOR TO
THE PRESENTATION OF EVIDENCE FOR THE PROSECUTION
REQUISITES, PLEAS OF GUILTY
1. That the offender spontaneously confessed his guilt
2. That the confession of guilt was made in open court, that
is, before the competent court that is to try the case
3. That the confession of guilt was made prior to the
presentation of evidence for the prosecution
1.
2.
That the offender spontaneously confessed his guilt
That the confession of guilt was made in open court, that
is, before the competent court that is to try the case
-
3.
Extrajudicial confession made by the accused is not
voluntary confession since confession was made
outside the court.
That the confession of guilt was made prior to the
presentation of evidence for the prosecution
-
-
Plea of guilty must be made prior to the presentation
of the evidence for the prosecution. Plea of guilty
made during or after presentation of evidence by
prosecution is not mitigating.
The plea of guilty must be made before the trial
begins. A plea of guilty made after the arraignment
and after trial had begun does not entitle the
accused a mitigating circumstance.


►The surrender must be made to a person in authority or his agent
PERSON IN AUTHORITY. One directly vested with jurisdiction,
that is, a public officer who has the power to govern and
execute the laws whether as an individual or as a member of
some court or governmental corporation, board or
commission.
Barrio captian and barangay chairman are also
persons in authority.
-
AGENT OF A PERSON IN AUTHORITY. A person who, by direct
provision of the law, or by election or by appointment by
competent authority, is charged with the maintenance of
public order and the protection and security of life and
property and any person who comes to the aid of persons in
authority.
Plea of guilty must be made at the first opportunity;
please of guilty on appeal is not mitigating (e.g. in
an offense cognizable by the MTC, plea of guilty
must be made at MTC and not upon appeal to RTC)

►The surrender must be by reason of the commission of the crime
for which defendant is prosecuted.
a. Accused surrendered as a Huk to take advantage of the
amnesty, but the crime he was prosecuted for was
different and separate from rebellion. His surrender is not
mitigating.
►Surrender through an intermediary (through the mediation of
parent) was mitigating. (People v Dela Cruz)
►Intention to surrender, without actually surrendering, is not
mitigating.
-
People v Coronel. Accused pleaded guilty only
during the continuation of the trial. Death
penalty imposed was changed to life
imprisonment because of plea of guilty.
People v Ortiz. Trial had already began for
original information for murder and frustrated
murder. Due to willingness of accused to
cooperate, the information was amended by
the prosecution to homicide and frustrated
homicide. No evidence was presented in
connection with the new information. Accused
pleaded guilty. Mitigating.
Plea in the preliminary investigation is no plea at
all.
a. People v Oandasan. Offense is cognizable
by CFI. Accused pleaded not guilty before
the MTC upon arraignment at its
preliminary investigation. When the case
was elevated to CFI, accused pleaded
guilty. Plea of not guilty during the
arraignment
at
the
preliminary
investigation is not a plea at all. Plea of
guilty at the CFI (the competent court for
the offense) was mitigating
b. During arraignment, accused pleaded not
guilty. Prior to presentation of evidence of
the prosecution, he withdrew his original
pleading and pleaded guilty. Mitigating
circumstance is present.
A conditional plea of guilty is not mitigating.
a. People v Moro Sabilul. An accused may
not enter a conditional plea of guilty in the
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sense that he admits his guilt provided that
a certain penalty be imposed upon him.
-
Plea of guilty to a lesser offense is not mitigating. To
be voluntary, the plea of guilty must be to the
offense charged.
 People v Ong. Accused pleaded guilty but
denied that there evident premeditation
attended the crime. Prosecution failed to prove
evident premeditation. Mitigating.
 Plea of guilty to the offense charged in the
amended information lesser than that charged
in the original information is mitigating.
a. People v Intal. Originally charged with
double murder accused moved to
withdraw his plea of not guilty to be
substituted with a guilty plea to the lesser
crime of double homicide. Prosecution
moved to amend information. Mitigating.
►When the accused is charged with a grave offense, the court
should take his testimony in spite of his plea of guilty. Where the
accused pleads guilty to a capital offense, the court shall conduct
a searching inquiry into the voluntariness and full comprehension
of the consequences of his plea and shall require the prosecution
to prove his guild and the precise degree of culpability.
►Plea of guilty is NOT mitigating in culpable felonies and in crimes
punished by special laws.
8. PHYSICAL DEFECT OF OFFENDER
Article 13. Mitigating circumstances. - The following are
mitigating circumstances:
8. That the offender is deaf and dumb, blind or otherwise
suffering some physical defect which thus restricts his means of
action, defense, or communications with his fellow beings.
BASIS. The offender is suffering from physical defect, which restricts
one’s means of action, defense, or communication with one’s
fellow being, does not have complete freedom of action and,
therefore, there is a diminution of the element of voluntariness
►There is a mitigating circumstance where accused suffers a
physical defect that limits his means to act, defend himself, or
communicate with his fellow beings.
a. Deaf
b. Dumb
c. Blind
d. Armless
e. Cripple
f.
Stutter
-
9. ILLNESS OF THE OFFENDER
Article 13. Mitigating circumstances. - The following are
mitigating circumstances:
9. Such illness of the offender as would diminish the exercise of
the will-power of the offender without however depriving him of
the consciousness of his acts.
BASIS. Diminution of intelligence and intent
REQUISITES
1. That the illness of the offender must diminish the exercise
of his willpower
2. That such illness should not deprive the offender of
consciousness of his acts
►because, when the offender completely lost the
exercise of will-power, I may be an exempting
circumstance.
A deceased mind not amounting to insanity may
give place to mitigation.
EXAMPLES
a. People b Balneg. The mistaken belief that the killing of a
witch was for the public good
b. People v Amit. Mild behavior disorder. Illness of the nerves
or moral faculty.
c. People v Formigones. Feeble-mindedness
d. People v Antonio. Schizzo-affective disorder or psychosis
10. SIMILAR OR ANALOGOUS CIRCUMSTANCES
Article 13. Mitigating circumstances. - The following are
mitigating circumstances:
10. And, finally, any other circumstances of a similar nature and
analogous to those above mentioned.
►The court is authorized to consider in favor of the accused any
other circumstance of a similar nature and analogous to those
mention is paragraphs 1 to 9
EXAMPLES
MITIGATING
CIRCUMSTANCE
Over 70 years
of age
Vindication of a
Grave Offense
Passion and
obfuscation
ANALOUGOUS
CIRCUMSTANCES
Over 60 years
old with failing
sight
Outraged
feeling of owner
of animal taken
for ransom
Outraged
feeling of a
creditor
Being educated or uneducated does not matter, the
paragraph does not distinguish
Impulse of
jealous feeling
Espirit de Corps
(common
loyalty shared
CASE
People v Reantillo and
Ruiz
People v Monaga
Creditor killed his debtor
who tried to escape
and refused to pay his
debt;
People v Merenillo
Wife committed slander
when she charged
complainant with being
the her husband’s
concubine and it was
later found out that
complainant was a
virgin;
People v Ubengen, CA
Many soldiers took part
in the killing as they
were responding to the
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by members of
a particular
group)
Mass
Psychology
Illness that
diminishes the
exercised of
will power
Voluntary
Surrender
Plea of Guilty
Incomplete
justifying
circumstance
of State of
Necessity
Manifestations of
Battered Wife
Syndrome
call and appeal of their
lieutenant. Deceased
summarily ejected
certain soldiers from the
dance hall; soldier
considerd this a grave
insult gainst their
organizatio;
People v Villamora
People v Genosa
Voluntary
restitution of
stolen property
People v Luntao
Immediately
reimbursing the
amount
malversed
Restitution even before
prosecution does not
extinguish liability;
damage is not an
element of
malversation;
Perez v People
People v Navasca
Act of testifying
for the
prosecution
without previous
discharge
Extreme Poverty
and of
economic
difficulties
ARTICLE 62. Effect of the attendance of mitigating or
aggravating circumstances and of habitual delinquency. Mitigating or aggravating circumstances and habitual
delinquency shall be taken into account for the purpose of
diminishing or increasing the penalty in conformity with the
following rules:
3.
Aggravating or mitigating circumstances which arise
from the moral attributes of the offender, or from his
private relations with the offended party, or from any
other personal cause, shall only serve to aggravate or
mitigate the liability of the principals, accomplices
and accessories as to whom such circumstances are
attendant.
►All mitigating circumstances are personal to the offenders.
Due to poverty,
accused was forced to
steal two sacks of paper
and sell it in a cheaper
price; People v Macbul


Applies only to
crimes against
property but not a
crime of violence,
e.g. murder
Not mitigating when
accused
impoverished
himself and lost
occupation by
committing crimes
and not driven to
crime due to
poverty
MITIGATING CIRCUMSTANCES PERSONAL TO THE OFFENDERS serves
to mitigate the liability of principals, accomplice and accessories
as to whom they are attendant
a. From the moral attributes of the offender
A and B killed C. A acted under an impulse which
produced obfuscation. The circumstance arose
from the moral attribute of A and shall mitigate the
liability of A only. It shall not mitigate the liability of B.
b. From his private relations with the offended party
Father committed robbery against Son, while
Stranger bought the property despite knowledge of
the crime. The circumstance arose from the private
relation of Father and Son and shall mitigate liability
of Father only, not that of Stranger.
c. From any other personal cause
Minor acting with discernment inflicted serious
physical injuries on Victim. Adult, seeing what Minor
did, kicked Victim. Minority will mitigate liability of
Minor but not of Adult.
CIRCUMSTANCES WHICH ARE NEITHER EXEMPTING NOR MITIGATING
a. Mistake in the blow or aberatio ictus
b. Mistake in identity
c. Entrapment of the accused
d. The accused is over 18; age is neither exempting nor
mitigating
e. Performance of righteous action no matter how
meritorious it may be
NON-EXAMPLES, NOT MITIGATING
a. People v Gona. Killing the wrong man
b. People v Canja. In parricide, that the husband was
unworthy or was a rascal, bully and bad
c. Peole v Fajardo. That the victim was a bad or
quarrelsome person
d. People v Dy Pol. In falsification, accused invoked the lack
of irreparable damage
e. People v Rabuya. Not resisting arrest without the slightest
attempt to resist is not analogous to voluntary surrender
f.
People v Salazar. Condition of running amuck even if it is
an age-old and deeply-rooted cult among the Moros
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The Revised Penal Code Book 1
by Luis B. Reyes
CHAPTER FOUR
CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY
There is treachery when the offender commits any of
the crimes against the person, employing means,
methods, or forms in the execution thereof which tend
directly and specially to insure its execution, without
risk to himself arising from the defense which the
offended party might make.
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
a.
That advantage be taken by the offender of his public
position.
q.
That means be employed or circumstances brought
about which add ignominy to the natural effects of
the act.
r.
That the crime be committed after an unlawful entry.
b.
That the crime be committed in contempt or with insult
to the public authorities.
c.
That the act be committed with insult or in disregard of
the respect due the offended party on account of his
rank, age, or sex, or that is be committed in the
dwelling of the offended party, if the latter has not
given provocation.
s.
That as a means to the commission of a crime a wall,
roof, floor, door, or window be broken.
That the act be committed with abuse of confidence
or obvious ungratefulness.
t.
That the crime be committed in the palace of the
Chief Executive or in his presence, or where public
authorities are engaged in the discharge of their
duties, or in a place dedicated to religious worship.
That the crime be committed with the aid of persons
under fifteen years of age or by means of motor
vehicles, motorized watercraft, airships, or other similar
means. (As amended by RA 5438).
u.
That the wrong done in the commission of the crime
be deliberately augmented by causing other wrong
not necessary for its commissions.
d.
e.
f.
That the crime be committed in the night time, or in an
uninhabited place, or by a band, whenever such
circumstances may facilitate the commission of the
offense.
Whenever more than three armed malefactors shall
have acted together in the commission of an offense,
it shall be deemed to have been committed by a
band.
g.
That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic or
other calamity or misfortune.
h.
That the crime be committed with the aid of armed
men or persons who insure or afford impunity.
i.
That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one
crime, shall have been previously convicted by final
judgment of another crime embraced in the same title
of this Code.
j.
That the offender has been previously punished by an
offense to which the law attaches an equal or greater
penalty or for two or more crimes to which it attaches
a lighter penalty.
k.
That the crime be committed in consideration of a
price, reward, or promise.
l.
That the crime be committed by means of inundation,
fire, poison, explosion, stranding of a vessel or
international damage thereto, derailment of a
locomotive, or by the use of any other artifice involving
great waste and ruin.
m.
That the act
premeditation.
n.
That the craft, fraud or disguise be employed.
o.
That advantage be taken of superior strength, or
means be employed to weaken the defense.
p.
That the act be committed with treachery (alevosia).
be
committed
with
evidence
There is an unlawful entry when an entrance of a crime
a wall, roof, floor, door, or window be broken.
AGGRAVATING CIRCUMSTANCE. Those which if attendant in the
commission of the crime, serve to increase the penalty without
exceeding the maximum of the penalty provided by law for the
offense
BASIS. Based on the greater perversity of the offender manifested
in the commission of the felony, as shown by:
a. The motivating power itself
b. The place of commission
c. The means and ways employed
d. The time; or
e. The personal circumstances of the offender or of the
offended party
FOUR KINDS OF AGGRAVATING CIRCUMSTANCES
1. Generic. Those that can generally apply to all crimes
Can be offset by mitigating circumstances,
 but if not offset, would affect only the maximum
of the penalty prescribed
Paragraph
GENERIC Aggravating Circumstances
1
Taking advantage of public position
2
Committed in contempt of or with insult
to the public authorities
3*
Committed in the dwelling of the
offended party
4
Abuse of confidence or obvious
ungratefulness
5
Committed in the palace of the Chief
Executive, or in his presence, or where
public authorities are engaged with
their duties or place of worship
6
Nighttime, uninhabited place, or band
9
Recidivism
10
Habituality
14
Craft, fraud or disguise
18
Committed after an unlawful entry
19
Means of commission of the crime, a
wall, roof, floor, door or window be
broken
20
Committed with the aid of persons
under 15 years of age
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c)
2.
Specific. Those that apply only to particular crimes
cannot be offset by mitigating circumstances
Paragraph
3*
15
16
17
21
GENERIC Aggravating Circumstances
With insult or in disregard of the respect
due to the offended party on the
account of his rank, age, or sex
Abuse of superior strength or means be
employed to weaken the defense
Treachery in crimes against persons
Ignominy in crimes against chastity
Cruelty in crimes against persons
d)
e)
AGGRAVA
TING
Generic
Specific
Qualifying
3.
Qualifying. Those that change the nature of the crime to
a graver one
Brings about penalty next higher in degree and
cannot be offset by mitigating circumstances
a)
b)
c)
4.
Inherent. Those that must of necessity accompany the
commission of the crime
Not considered in increasing the penalty to be
imposed
a)
b)
c)
d)
e)
f)
5.
Treachery
Evident premeditation
Article 248. Qualifying aggravating circumstances
for murder
1) With treachery, taking advantage of superior
strength, with the aid of armed men, or
employing means to weaken the defense or of
means or persons to insure or afford impunity.
2) In consideration of a price, reward, or promise.
3) By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or
assault upon a street car or locomotive, fall of
an airship, by means of motor vehicles, or with
the use of any other means involving great
waste and ruin.
4) On occasion of any of the calamities
enumerated in the preceding paragraph, or of
an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public
calamity.
5) With evident premeditation.
6) With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.
Evident premeditation is inherent in robbery, theft,
estafa, adultery and concubinage
Abuse of public office in bribery
Breaking of a wall or unlawful entry into a house in
robbery with the use of force upon things
Fraud in estafa
Deceit in simple seduction
Ignominy in rape
Special. Those which arise under special conditions to
increase the penalty of the offense and cannot be offset
by mitigating circumstances
a)
b)
Complex crimes
Use of unlicensed firearms in homicide or murder
Inherent
Special
Taking advantage of public position and
membership in an organized/syndicated crime
group
Error in personae
Quasi-recidivism
Definition
Applies to all
crimes
Mitigation
Can be
offset
Applies only to
particular crimes
Changes
the
nature of the
crime
Must
accompany the
commission
of
the crime
Arise
under
special
circumstances
Cannot
be offset
Cannot
be offset
Effect
Affects
maximum
period only
Gives the crime
its proper and
exclusive name
Not considered,
no effect
Cannot
be offset
QUALIFYING AGGRAVATING CIRCUMSTANCE v
GENERIC AGGRAVATING CIRCUMSTANCE
GENERIC CIRCUMSTANCE
QUALIFYING CIRCUMSTANCE
Increases the penalty which Gives the crime its proper its
should be imposed upon the proper and exclusive name
accused to the maximum and places the author thereof
period without exceeding the in such a situation as to
limit prescribed by law
deserve no other penalty than
that specially described by
law for said crime
May be set off by an ordinary Cannot be offset by a
mitigating circumstance since mitigating circumstance since
it is not an ingredient of the it is considered an ingredient
crime
of the crime
Must be alleged in the
Information as a qualifying
aggravating
circumstance;
otherwise, it is a generic
aggravating
circumstance
only
RULES IN AGGRAVATING CIRCUMSTANCES
1. Aggravating circumstances shall not be appreciated if:
a. The constitute a crime specially punishable by law
b. They are included by law in defining a crime and
prescribing a penalty therefor
2.
Aggravating circumstance shall not be appreciated if it is
inherent in the crime to such a degree that it must of necessity
accompany the commission thereof
3.
Aggravating circumstances which arise a) from the moral
attributes of the offender, b) from his private relations to the
offended party, or c) from any personal cause, shall serve only
to aggravate the liability of the principals, accomplices and
accessories as to whom such circumstances are attendant.
4.
Aggravating circumstances which consist a) in the material
execution of the act; or b) in the means employed to
accomplish it, shall serve to aggravate the liability of those
persons who had knowledge of them at the time of the
execution of the act or their cooperation therein
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
Exception. When there is proof of conspiracy in which
case the act of one is deemed to be the act of all,
regardless of lack of knowledge of the facts constituting
the circumstance
1. ABUSE OF OFFICIAL POSITION
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
1.
5.
6.
Aggravating circumstance is not presumed. Aggravating
circumstance, regardless of its kind should be specifically
alleged in the information and proved as fully as the crime
itself in order to increase the penalty.
When there is more than one aggravating circumstance
present, one of them will be appreciated as qualifying
aggravating circumstance while the others will be considered
as generic aggravating.
JUSTIFYING CIRCUMSTANCES
a. ABUSE OF OFFICIAL POSITION
b. CRIME COMMITTED IN CONTEMPT OF OR WITH INSULT TO
PUBLIC AUTHORITIES
c. CRIME COMMITTED WITH INSULT OR LACK OF REGARD DUE
TO THE OFFENDED PARTY BY REASON OF AGE, SEX, OR
RANK OR THE CRIME IS COMMITTED IN THE DWELLING OF
THE OFFENDED PARTY
d. ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS
e. CRIME IS COMMITTED IN THE PALACE OF THE CHIEF
EXECUTIVE, OR IN HIS PRESENCE, OR WHERE PUBLIC
AUTHORITIES ARE ENGAGED IN THE DISCHARGE OF THEIR
DUTIES, OR IN A PLACE DEDICATED TO RELIGIOUS WORSHIP
f.
NIGHTTIME, UNINHABITED PLACE AND BAND
g. ON THE OCCASION OF CALAMITY OR MISFORTUNE
h. AID OF ARMED MEN OR PERSONS WHO INSURE OR AFFORD
IMPUNITY
i.
RECIDIVISM
j.
REITERACION OR HABITUALITY
k. IN CONSIDERATION OF PRICE, REWARD OR PROMISE
l.
BY MEANS OF INUNDIATION, FIRE, POISON, EXPLOSION,
STRANDING OF A VESSEL OR INTENTIONAL DAMAGE
THERETO, DERAILMENT OF A LOCOMOTIVE, OR BY THE USE
OF ANY OTHER ARTIFICE INVOLVING GREAT WASTE AND
RUIN
m. EVIDENT PREMEDITATION
n. CRAFT, FRAUD, OR DISGUISE
o. ABUSE OF SUPERIOR STRENGTH OR MEANS TAKEN TO
WEAKEN HE DEFENSE
p. TREACHERY (ALEVOSIA)
q. IGNOMINY
r.
UNLAWFUL ENTRY
s.
BREAKING OF WALL, ROOF, FLOOR, DOOR, OR WINDOW
t.
USE OF MOTOR VEHICLES AND OTHER SIMILAR MEANS
u. CRUELTY
That advantage be taken by the offender of his public
position.
BASIS. Greater perversity of the offender as shown by the personal
circumstance of the offender and also by the means used
a.
Applicable only when the offender is a public officer who
takes advantage of his public position.
b.
The public officer must use the influence, prestige or
ascendancy which his office gives him as the means by
which he realized his purpose.
 When the public officer did not take advantage of
the influence of his position, Art 14 par 1 does not
apply. When a public officer commits a common
crime independent of his official functions and does
acts that are not connected with the duties of his
office, he should be punished as a private individual
without this aggravating circumstance.
c.
There must be proof that the accused took advantage
of his public position.
 If the accused could have perpetrated the crime
even without occupying his position, there is no
abuse of public position.
1)
2)
People v Villamor. It was not shown that
accused took advantage of his being a
policeman to shoot victim or that he used his
influence, prestige or ascendancy in killing him.
No aggravating circumstance.
People v Herrera. Use of government-issued
gun is not sufficient to establish the misuse of
public position.
d.
Wearing of uniform is immaterial in certain cases.
1) People v Tongco. Even if accused was in civilian
clothes at the time, when the victim was aware of
his being a policeman, and he sought to impose
illegally his authority, aggravating circumstance is
attendant.
2) People v Pantoja. Even if accused was in fatigue
uniform and had army rifle at the time, it is not
sufficient to establish that he misused his public
position.
e.
Failure in official duties is tantamount to abusing office.
US v Cagayan. The vice-president of a town at the
time voluntarily joined a band of brigands made his
liability greater.
f.
Not aggravating when it is an integral element of, or
inherent in, the offense
1) Malversation
2) Falsification of document committed by public
officers
3) Accessories under Article 19 par 3
4) Crimes committed by public officers (Arts 204 to 245)
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2. CRIME COMMITTED IN CONTEMPT OF OR WITH INSULT TO PUBLIC
AUTHORITIES
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
2.
That the crime be committed in contempt or with insult
to the public authorities.
3. CRIME COMMITTED WITH INSULT OR LACK OF REGARD DUE TO THE
OFFENDED PARTY BY REASON OF AGE, SEX, OR RANK OR THE CRIME
IS COMMITTED IN THE DWELLING OF THE OFFENDED PARTY
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
3.
BASIS. Based on greater perversity of the offender, as shown by his
lack of respect to public authorities
REQUISITES
1. That the public authority is engaged in the exercise of his
functions
2. That he who is thus engaged in the exercise of said
functions is not the person against whom the crime is
committed
3. The offender knows him to be a public authority
4. His presence has not prevented the offender from
committing the criminal act
a.
b.
FOUR AGGRAVATING CIRCUMSTANCES IN PAR 3. Four aggravating
circumstances are enumerated which may be considered single
or together. If all four are present, they have the weight of one only.
3.1. RANK. Refers to the designation or title of distinction used
to fix the relative position of the offended party in
reference to the others. There must be a difference in the
social conditions of the offender and the offended party.
PUBLIC AUTHORITY or PERSON IN AUTHORITY is a public
officer who is directly vested with jurisdiction, that is, a
public officer who has the power to govern and execute
the laws. e.g. councilor, mayor, governor, barangay
captain/chairman
3.2. AGE. Refers to the time the person or a thing has existed
since birth or beginning; or that may refer to old age or
the tender age of the victim.
Aggravating circumstance does not apply when crime is
committed in the presence of an agent only.
3.4. DWELLING. Must be a building of structure, exclusively
used for rest and comfort. Includes dependencies,
staircase, and enclosures under the house. It is not
necessary that the house is owned by the offended
party.
AGENT OF A PERSON IN AUTHORITY is any person who, by
direct provision of law or by election or by appointment
by competent authority, is charged with the
maintenance of public order and the protection and
security of life and property. e.g. barrio councilman,
barrio policeman, barangay leader, persons who comes
to the aid of persons in authority, police
c.
The crime should NOT be committed against the public
authority. Otherwise, offender will be committing DIRECT
ASSAULT (Art 148)
d.
Lack of knowledge on the part of the offender that a
public authority is present indicates lack of intention to
insult the public official.
e.
That the act be committed with insult or in disregard
of the respect due the offended party on account of
his rank, age, or sex, or that is be committed in the
dwelling of the offended party, if the latter has not
given provocation.
Aggravating circumstance is present if the offender was
not prevented by the presence of a public officer made
known to the offender.
3.3. SEX. Refers to the female sex, not to the male sex.
BASIS. Based on the greater perversity of the offender as shown by
the personal circumstances of the offended party and the place
of the commission of the crime
a)
Rank, age or sex may be taken into account only in
crimes against persons or honor. Does not apply in crimes
against property.
People v Pagal. Robbery with homicide is primarily a
crime against property, homicide is just an incident
of the robbery.
b)
There must be proof that the offender deliberately
intended to offend or insult the offended party.
3.1. RANK
c) There must be a difference in the social condition of the
offender and offended party e.g.
1) private person who attacked person in authority
2) pupil who attacked a teacher
3) People v Valeriano. Killing a judge
4) People v Torres. Attempt against the life of a general
d)
The fact of disregard and deliberate intent to insult must
be proved. There being no proof of the specific fact or
circumstance that the accused disregarded the respect
due to the offended party and that the accused
deliberately intended to insult the rank of the victim,
disregard of rank cannot be appreciated as aggravating
circumstance.
3.2. AGE
e) The circumstance of lack of respect due to age applied
in cases where the victim is of tender age as well as of
old age.
1) When the offended party, by reason of his age,
could be the father of the offender
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2)
3)
4)
5)
6)
f)
People v Orbillo. Where aggressor was 45 yo and the
victim was an octogenarian
People v Gummuac. Where victim was 80 yo and
very weak
People v Zapata. Where victim was 65 while
offenders were 32 and 27 yo
People v Curatchia. Accused is the grandson of the
deceased
People v Lora. Victim was a 12 yo boy
h)
Killing a woman is not attended by this aggravating
circumstance if the offender did not manifest any
specific insult or disrespect towards her sex.
i)
Disregard of sex is not aggravating in the absence of
evidence that the accused deliberately intended to
offend or insult the sec of the victim or showed manifest
disrespect to her womanhood
j)
Disregard of sex is not appreciated in certain cases
1) When the offender acted with passion and
obfuscation
2) When there exists a relationship between the
offended party and the offender
3) When the condition of being a woman is
indispensable in the commission of the crime
k)
Sex is not aggravating in
1) Parricide
2) Rape
3) Abduction
4) Seduction
People v Lapaz (1989). Held that aggravating
circumstances of disregard of sex and age are not
absorbed in treachery because treachery refers to
the manner of the commission of the crime, while
disregard of sex and age pertains to the relationship
of the victim.
3.4. DWELLING
m) A dwelling must be a building of structure, exclusively
used for rest and comfort.
A combination of house and store or a marker stall
where the victim slept is not a dwelling.
n)
When deceased has two houses where he used to live,
the commission of the crime in any of them is attended
by the aggravating circumstance of dwelling
p)
The home is a sort of sacred place for its owner. He who
goes to another’s house to slander him, hurt him or do
him wrong, is more guilty than he who offends him
elsewhere.
q)
What aggravates commission of crime in one’s dwelling:
1) The abuse of confidence which the offended party
reposed in the offender by opening the door to him
2) The violation of the sanctity of the home by
trespassing therein with violence or against the will
of the owner
r)
It must be proved that the defendant entered the house
of the victim to attack him.
US v Ramos. Dwelling is not aggravating where the
deceased was called from his house and he was
murdered in the vicinity.
 People v Ompaid. Triggerman fire the shot from
outside the house, his victim was inside. It is not
necessary that the accused should have actually
entered into the dwelling of the victim to commit the
offense; it is enough that the victim was attacked
inside his own house.
 Even if the killing took place outside the dwelling if
the commission of the crime began in the dwelling,
it is aggravating.
1) US v Lastimosa. Accused began the aggression
in victim’s house, dragged him outside the
house and took him to a place near the house
where he killed him.
2) Aggravating in abduction or illegal detention
where the victim was taken from her house and
carried away to another place
s)
A condition sine qua non of this circumstance is that the
offended party has not given provocation to the
offender. If all the conditions are present, offended party
is deemed to have given provocation, hence, dwelling is
not aggravating.
Disregard of sex is absorbed in treachery.
e.g. People v Clementer (1974). There was disregard of
sex because the blouse of the victim was needlessly
removed, but the circumstance is absorbed in treachery.

Dwelling includes dependences, the foot of the staircase
and enclosure under the house.
 People v Diamonon. Crime committed at the foot of
the stairs, not aggravating
People v Sespeñe. Deceased was only about to step
on the first rung of the ladder when he was
assaulted, dwelling is not aggravating
o)
It must be proved that the accused deliberately
intended to offend or insult the age of the victim.
3.3. SEX
g) This refers to the female sex, not to the male sex
1) US v Quevengco. Accused compelled a woman to
ho to his house against her will
2) People v Dayug. Accused selected and killed a
female relative of the killers of his relative in
retaliation
3) Sarcepuedes v People. Direct assault upon a lady
teacher
l)

PROVOCATION must be
1) Given by the owner of the dwelling
2) Sufficient, and
3) Immediate to the commission of the crime.
4) *There must be a close relation between
provocation and commission of the crime in the
dwelling
t)
Prosecution must prove that no provocation was given
by offended party so that dwelling may be aggravating.
u)
Dwelling is NOT aggravating in the following cases
1) When both offender and offended party are
occupants of the same house, even if offender is a
servant in the house
Dwelling is aggravating when the husband
killed his estranged wife in the house solely
occupied by her, other than the conjugal home
(People v Galapia)
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-
2)
3)
4)
5)
6)
When adultery (by the wife) is committed in the
dwelling of the husband even if it is also the
dwelling of the wife
 Not aggravating in adultery when the
paramour also lives in the house (together
with offending wife and husband)
 But abuse of confidence was applied
when offended husband took the
paramour into his home, furnished him
with food and lodging without
charge, and treated him like a son (US
v Destrito)
When robbery is committed by use of force upon
things
 Dwelling is aggravating in robbery with violence
against or intimidation of persons
In crime of trespass to dwelling
When owner of dwelling gave sufficient and
immediate provocation
When the dwelling does not belong to the offended
party
When the floor (part of the building) is not exclusively
used as a dwelling
v)
Dwelling was found aggravating in the following cases
although the crimes were committed not in the dwelling
of the victims (other places deemed as dwelling)
1) Victim was raped in the boarding house where she
was a bed spacer
2) Victims were raped in their paternal home where
they were guests at the time
People v Basa. Victims were killed while
sleeping as guests in the house of another
person; law spoke of dwelling not domicile
 People v Ramolete. Not aggravating when the
victim was a mere visitor of the house where he
was killed
3) Victim was killed in the house of her aunt where she
was living; may mean temporary dwelling
w)
Dwelling is NOT included in treachery
4. ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
4.
That the act be committed with abuse of confidence
or obvious ungratefulness.
BASIS. Based on the greater perversity of the offender as shown by
the means and ways employed
TWO AGGRAVATING CIRCUMSTANCES IN PAR 4
4.1. ABUSE OF CONFIDENCE
4.2. OBVIOUS UNGRATEFULNESS
4.1. ABUSE OF CONFIDENCE
a) REQUISITES
1) That the offended party had trusted the offender
2) That the offender abused such trust by committing a
crime against the offended party
3) That the abuse of confidence facilitated the
commission of the crime
b)
EXAMPLES, When confidence is NOT present
1) People v Luchico. When the master raped the
offended party, she had already lost confidence in
him from the moment he made an indecent
proposal and killed her.
2) People v Brocal. No abuse of confidence in rape
where on the day of the crime, the accused was
with the company of the offended girl because they
were business partners, not because of confidence
3) People v Ong. When deceased was invited by
accused to nightclubbing bring the money he owed
4)
People v Arthur. Betrayal of confidence is not
aggravating. Parents entrusted victim to the care of
the accused. Accused raped the victim and
betrayed the confidence of her parents. The girl
could resist (although unsuccessful) against the
crime
 People v Caliso. When the killer of the child is
the domestic servant of the family and
sometimes the amah (yaya) of the deceased;
the nine-month0old child cannot resist the
crime and the confidence of the parents
facilitated the commission of the crime
c)
The confidence between the offender and the offended
party must be immediate and personal
e.g. US v Torrida. Mere fact that voters had reposed
confidence in the public officer does not mean that he
abused their confidence when he committed estafa
against them
d)
Abuse of confidence is inherent in
1) Malversation
2) Qualified theft
3) Estafa by conversion or misappropriation
4) Qualified seduction
4.2. OBVIOUS UNGRATEFULNESS
e) Ungratefulness must be obvious, manifest and clear
f)
EXAMPLES, Where ungratefulness was present
1) People v floresca. Accused killed his father-in-law in
whose house he lived and who partially supported
him
2) People v Lupango. Where the accused was living in
the house of the victim who employed him as an
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3)
4)
5)
overseer and had free access of the house; victim
was very kind to him and his family
People v Nismal. Where a security guard killed
bank officer and robbed the bank
People v Baustista. Where the victim was suddenly
attacked while giving the assailants their breakfast
When visitor commits robbery or theft in the house
of his host
 Mariano v People. Stealing the property of the
host was considered as committed with abuse
of confidence
5. CRIME IS COMMITTED IN THE PALACE OF THE CHIEF EXECUTIVE, OR
IN HIS PRESENCE, OR WHERE PUBLIC AUTHORITIES ARE ENGAGED IN
THE DISCHARGE OF THEIR DUTIES, OR IN A PLACE DEDICATED TO
RELIGIOUS WORSHIP
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
5.
That the crime be committed in the palace of the Chief
Executive or in his presence, or where public
authorities are engaged in the discharge of their
duties, or in a place dedicated to religious worship.
BASIS. Based on the greater perversity of the offender as shown by
the place of the commission of the crime
PLACE WHERE PUBLIC AUTHORITIES ARE
ENGAGED IN THE DISCHARGE OF THEIR DUTIES v
CONTEMPT/ INSULT TO PUBLIC AUTHORITIES
Place where Public
Contempt or Insult to Public
Authorities Engage in the
Authorities
Discharge of their Duties
Public authorities are in the Public authorities are in the
performance of their duties
performance of their duties
Public authority must be in
their office
The authority must be outside
the office
Public authority may be the
offended party
Public authority must not be
the offended party
a)
►That the crime is committed at Malacañang palace or
a church is aggravating, regardless of whether State of
official or religious functions are being held.
 Cemetery not considered a place dedicated to
religious worship.
b)
►It is enough that the crime be committed in the
presence of the Chief Executive so that it will be
aggravating; he need not be in Malacañang palace or
not engaged in the discharge of his duties.
c)
►That the crime was committed where public authorities
are engaged in the discharge of their duties, there must
be some performance of public functions so that it will be
aggravating.
1) US v Punsalan. Not aggravating when accused
killed victim in the adjoining room of the courtroom
and that the court has already adjourned
2) People v Canoy. Crime committed in an electoral
precinct during election day is aggravating
d)
Offender must have intention to commit a crime when
he entered the place
e.g. People v Jaringue. Deceased placed his hand on
the thigh of the accused girl who killed him using a fan
knife. No aggravating circumstance of committing in a
place dedicated to religious worship; there is no
evidence to show that the defendant had murder in her
heart when she entered the chapel
*Jaringue ruling may be also applicable in crime
committed at Malacañang palace or where public
authorities are engaged in the discharge of their duties
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6. NIGHTTIME, UNINHABITED PLACE AND BAND
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
6.
That the crime be committed in the night time, or in an
uninhabited place, or by a band, whenever such
circumstances may facilitate the commission of the
offense.
Whenever more than three armed malefactors shall
have acted together in the commission of an offense,
it shall be deemed to have been committed by a
band.
3.
6.1. NIGHTTIME/ NOCTURNITY (OBSCURIDAD)
a) NIGHTTIME. That period of darkness beginning at the end
of dusk and ending at dawn. Nights are from sunset to
sunrise.
b)
Nighttime by and of itself is not aggravating. It must be
especially sought for or taken advantage to facilitate the
commission of the crime.
c)
The information must allege that nighttime was sought for
or taken advantage of by the accused or that it
facilitated the commission of the crime.
d)
The crime must begin and end during the nighttime.
 Crime began at day and ended at night, as well as
crime began at night and ended at day is not
aggravated by nighttime.
e)
The offense must be actually committed in the darkness
of the night.
1) US v Paraiso. Not aggravating when accused
carried a light of sufficient brilliance which made it
easy for the people nearby to recognize them
2) US v Tampapcan. Not aggravating when crime was
committed at daybreak when the accused could
be recognized
3) People v Bato. Not aggravating when the place
was sufficiently well lighted for him to be clearly
visible and be recognized by those nearby
 The lighting of a matchstick or use of flashlights
does
not
negate
the
aggravating
circumstance of nighttime
e.g. crime committed at night when members
of the household were asleep; nighttime is
aggravating
even
if
accused
used
matchstick/flashlight
BASIS. Based on the time and place of the commission of the crime
and the means and ways employed
THREE AGGRAVATING CIRCUMSTANCES IN PAR 6.
6.1. NIGHTTIME/ NOCTURNITY
6.2. UNINHABITTED PLACE
6.3. BAND
►They constitute only one aggravating circumstance if they
concur in the commission of a felony.
 They may be construed separately when their elements
are distinctly perceived and can subsist independently,
revealing greater degree of perversity.
REQUISITES
a. When it facilitated the commission of the crime
b. When especially sought for by the offender to insure the
commission of the crime or for the purpose of impunity
c. When the offender took advantage thereof for the
purpose of impunity
1.
WHEN IT FACILITATED THE COMMISSION OF THE CRIME
The offender took advantage if any of the
circumstances when he availed himself thereof at
the time of the omission of the crime for the purpose
of impunity or for the more successful consummation
of his plans
2.
WHEN ESPECIALLY SOUGHT FOR BY THE OFFENDER TO
INSURE THE COMMISSION OF THE CRIME OR FOR THE
PURPOSE OF IMPUNITY
Offender sought for nighttime when accused
waited for nighttime/ nightfall
-

-
Nighttime was not sought for when:
a) the notion to commit the crime was conceived
only shortly before its commission (People v
Pardo)
b) the crime was committed at nighttime upon a
mere casual encounter (People v Cayabyab)
Nighttime need not be specifically sought for when:
a) Nighttime facilitated the commission of the
offense
b) The offender took advantage of nighttime to
commit the offense
TWO TESTS OF NOCTURNITY. Applied alternatively (or)
a) OBJECTIVE TEST. Nocturnity is aggravating when
it facilitates the commission of the offense
b)
SUBJECTIVE TEST. Nocturnity is aggravating
when it was purposely sought by the offender
WHEN THE OFFENDER TOOK ADVANTAGE THEREOF FOR THE
PURPOSE OF IMPUNITY
“For the purpose of impunity” means to prevent from
being recognized, or to secure himself against
detection and punishment
6.2. UNINHABITTED PLACE (DESPOBLADO)
f)
UNINHABITED PLACE. One where there are no houses at
all, a place at a considerable distance from town, or
where the houses are scattered at a great distance from
each other
g)
Not determined by distance from nearest house but
WON there was reasonable possibility of the victim
receiving some help; Uninhabited place is not
aggravating when the place where the crime was
committed could be seen and the voice of the
deceased could be heard
h)
It must appear that the accused sought the solitude of
the place where the crime was committed in order to
better attain his purpose.
1) To an easy and uninterrupted accomplishment of
their criminal designs
2) To insure concealment of the offense

Not aggravating even if crime was committed in an
uninhabited place when
1) The victim was casually encountered by the
accused and the latter did not took advantage
of the place or there is no showing that it
facilitated the commission of the crime
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2)
i)
The victim did not select the place either to
avoid interference or to prevent detection and
punishment
EXAMPLES, uninhabited place is aggravating
1) People v Fausto Damaso. Crime was committed just
one hundred meters from nearest house but the
sugarcane in the field was tall enough to obstruct
the view of neighbors and passers-by
2) People v Nulla. Felony was perpetrated in the open
sea; no help could be expected and offenders
could easily escape
3) People v Rubia. That another banca was also at sea
does not negate the aggravating circumstance
4) People v Aguinaldo. When crime is committed one
kilometer away from nearest house/ inhabited
place
5) People v Atitiw. When crime was committed in a
solitary place off the road and hidden among the
trees and tall grasses on a hill, 500 meters away from
the toll gate
6) People v Ong. When crime was omitted in an
isolated place that resembled that of an
abandoned subdivision
7) When the victims are the occupants of the only
house in the place the crime is committed; no
nearby neighboring houses
6.3. BAND (EN CUADRILLA)
j)
BAND. Whenever more that three armed malefactors
shall have acted together in the commission of an
offense
k)
l)
At least four armed men must act together in the
commission of the crime
1) Not aggravating even if there are more three armed
men in the scene but only one committed the crime
 Principal by inducement is not included; all the
at least four armed men must take direct part in
the crime
2) Not aggravating even if there are 20 persons when
only three are armed
3) Stone is included in the term “arms”
7. ON THE OCCASION OF CALAMITY OR MISFORTUNE
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
7.
BASIS. Has reference to the time of the commission of the crime
a)
b)
n)
Abuse of superior strength and use of firearm, absorbed
in aggravating circumstance by band
o)
By band is inherent in brigandage. BRIGANDAGE is
committed by more than three armed persons forming a
band of robbers.
 However, by band is aggravating in robbery with
homicide
The offender must take advantage of the calamity or
misfortune
OTHER CALAMITY OR MISFORTUNE. Refers to other
conditions of distress similar to conflagration, shipwreck,
earthquake, or epidemic
 Does not include
1) Chaotic conditions after liberation (People v
Corpus)
 People v Penjan. Chaotic condition
resulting from liberation of San Pablo was
considered as a calamity
 People v Arpa. Considered chaotic
conditions resulting from war or the
liberation of the Philippines during the last
World War as other calamity or misfortune
2) Engine trouble at sea
8. AID OF ARMED MEN OR PERSONS WHO INSURE OR AFFORD
IMPUNITY
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
8.
That the crime be committed with the aid of armed
men or persons who insure or afford impunity.
BASIS. Based on the means and way of committing the crime
REQUISITES
a. That armed persons took part in the commission of the
crime, directly or indirectly
b. That the accused availed himself of their aid or relied
upon them when the crime was committed
a)
b)
Armed men includes armed women
EXAMPLES
1) People v Ilane. Wife hired men to kill her husband.
While the men killed her husband, the wife held a
lighted lamp and even provided the rope used to
tie her husband.
2) People v Ortiz. The accused had armed
companions when they committed robbery with
rape.
c)
EXCEPTIONS
1) Not aggravating when both the attacking party and
the party attacked were equally armed
2) Not aggravating when those who cooperated with
him acted under the same plan and for the same
purpose
d)
Aid of armed men is absorbed by employment of a band
 If there are three men or less, aid of armed men may
be aggravating
e)
Aggravating in kidnapping and serious illegal detention
(People v Licop)
 People v VIllanueva. Use of arms or show of armed
strength is necessary to guard a victim to prevent
escape; absorbed by the offense itself
Committing crime by a band must be especially sought
for and take advantage of; not present in casual
encounter
m) By band is aggravating in crime against property or
against persons of in the crime of illegal detention or
treason
 Not aggravating in crimes against chastity, e.g.
rape
That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic or
other calamity or misfortune.
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9. RECIDIVISM
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
9.
That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one
crime, shall have been previously convicted by final
judgment of another crime embraced in the same title
of this Code.
BASIS. Based on the greater perversity of the offender as shown by
his inclination to crimes
a)
RECIDIVIST. One who, at the time of his trial for one crime,
shall have been previously convicted by final judgment
of another crime embraced in the same title of the RPC
b)
REQUISITES
1) That the offender is on trial for an offense
2) That he was previously convicted by final judgment
of another crime
3) That both the first and the second offenses are
embraced in the same title of the RPC
 People v Hodges. Aggravating in a Usury case
when accused was previously convicted in the
same offense. Art 10 provides that RPC is
supplementing to special penal laws.
4) That the offender is convicted of the new offense
c)
The time of trial is controlling, not the time of commission
of the crime. It is not required that there was already a
conviction by final judgment on the first crime when the
second crime was committed.
1)
2)
3)
Scenario: Crime 1 committed, then Crime 2
committed, then conviction on Crime 1; then on
conviction in Crime 2, recidivism is aggravating
Subsequent conviction is on the first crime. Crime 1
committed, then Crime 2 committed; then
conviction on Crime 2; then on conviction in Crime
1, not aggravating
Judgments read o the same day. Not aggravating
since judgment on the prior crime is not yet final
when tried for the subsequent offense.
d)
“At the time of trial” includes everything that is done in
the course of the trial from arraignment until after
sentence is announced
e)
Judgment becomes final
1) After the lapse of the period for perfecting an
appeal (15 days from promulgation or notice of the
judgment)
2) When the sentence has been partially or totally
satisfied or served
3) The accused has waived in writing his right to
appeal
4) The accused has applied for probation
f)
g)
Recidivism is aggravating no matter how many years
have intervened between the first and second felonies
Pardon does not obliterate the fact that the accused
was a recidivist; but amnesty extinguishes the penalty
and its effects
10. REITERACION OR HABITUALITY
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
10. That the offender has been previously punished by an
offense to which the law attaches an equal or greater
penalty or for two or more crimes to which it attaches
a lighter penalty.
BASIS. Based on the greater perversity of the offender as shown by
his inclination in crimes
REQUISITES
1. That the accused is on trial for an offense
2. That he previously served sentence for another offense to
which the law attaches an equal of greater penalty, or for
two or more crimes which it attaches lighter penalty than
that for the new offense
a. When the penalty for the previous offense is equal to
the new offense
b. When the penalty for the previous offense is greater
than the new offense
c. When the accused already served at least two
sentences, even if penalties are lighter
3. That he is convicted of the new offense
a)
It is the penalty attached to the offense and not the
penalty actually imposed that determines habituality
b)
Habituality may not be always aggravating; e.g. if as a
result of the aggravating circumstance, the penalty for
murder will be death, and the offenses in previous
convictions were against property and not directly
against persons, the court may exercise discretion not to
appreciate habituality
FOUR FORMS OF REPETITION
Recidivism
Art 14 Par 9
Reiteracion or
Art 14 Par 10
Habituality
Multi-Recidivism or
Art 62 Par 5
Habitual Delinquency
Quasi-Recidivism
Art 160
Generic Aggravating
Generic Aggravating
Extraordinary
Aggravating
Special Aggravating
RECIDIVISM v REITERACION/HABITUALITY
Reiteracion/ Habituality
Recidivism
Offender shall have served It is enough that a final
out his sentence for the first judgment has been rendered
offense
in the first offense
Previous
and subsequent Previous
and subsequent
offenses
must
not
be offenses must be included in
embraced in the same title of the same title of RPC
RPC
Not always an aggravating Always
an
aggravating
circumstance
circumstance
HABITUAL DELINQUENCY. When a person, within a period of ten
years from the date of his release or last conviction of the crimes
of serious or less serious physical injuries, robbery, theft, estafa or
falsification, if found guilty of any of said crimes a third time or
oftener.
Offender is either a recidivist or previously punished for
two or more offenses (habituality)
QUASI-RECIDIVISM. Any person who shall commit a felony after
having been convicted by final judgment, before beginning to
serve such sentence, or while serving the same, shall be punished
by the maximum period of the penalty prescribed by law for the
new felony
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11. IN CONSIDERATION OF PRICE, REWARD OR PROMISE
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
11. That the crime be committed in consideration of a
price, reward, or promise.
BASIS. Based on the greater perversity of the offender as shown by
the motivating power itself
a)
There must be two or more principals
1) Offeror. Principal by inducement, one who gives or
offers the price or promise
2) Offeree. Principal by direct participation; One who
accepts it
The inducement must be the primary
consideration of offeree for the commission of
the crime
b)
Affects not only the person who received the price or
reward but also the one who gave it
c)
It is sufficient that the offer made by the principal by
inducement was accepted by the principal by direct
participation before the commission of the offense.
d)
This aggravating circumstance is personal. The other coconspirators if there be any who did not benefit from the
price, promise or reward will not have his penalty
aggravated.
e)
It must be alleged in the information as qualifying
aggravating circumstance; otherwise, it shall be applied
as a generic aggravating circumstance only
f)
It must be proved that one of the accused used money
or other valuable consideration for the purpose of
inducing another to perform the criminal deed.
 If without a previous promise and it was given
voluntarily as an expression of appreciation after
the crime was committed, it is not aggravating
12. BY MEANS OF INUNDIATION, FIRE, POISON, EXPLOSION,
STRANDING OF A VESSEL OR INTENTIONAL DAMAGE THERETO,
DERAILMENT OF A LOCOMOTIVE, OR BY THE USE OF ANY OTHER
ARTIFICE INVOLVING GREAT WASTE AND RUIN
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
12. That the crime be committed by means of inundation,
fire, poison, explosion, stranding of a vessel or
international damage thereto, derailment of a
locomotive, or by the use of any other artifice involving
great waste and ruin.
BASIS. Based on the means and ways employed
AGGRAVATING CIRCUMSTANCES UNDER ART 14 PAR 12
12.1.INUNDATION
12.2.FIRE
12.3.POISON
12.4.EXPLOSION
12.5.STRANDING OF/ INTENTIONAL DAMAGE TO A VESSEL
12.6.DERAILMENT OF A LOCOMOTICE
12.7.ANY OTHER ARTIFICE INVOLVING GREAT WASTE AND RUIN
a)
The circumstances are not aggravating unless used by
the offender as a means to accomplish a criminal
purpose
b)
When another aggravating circumstance already
qualifies the crime, any of these aggravating
circumstances shall be considered generic aggravating
circumstance only
e.g. Husband killed wife by means of fire/ explosion/
poison; Crime is parricide qualified by relationship,
hence, the circumstances are generic aggravating
c)
If the purpose of the explosion, inundation, fire or poison
is to kill a predetermined person, the crime committed is
murder.
CIRCUM
NOBODY
IS SOMEONE
DIED,
STANCE
KILLED
W/O INTENT TO KILL
Fire
Arson (Art 320)
Arson,
death
penalty
Explosion
Crime involving Destruction, death
Destruction (Art penalty
324)
Derailment
Damage
and Complex Crime of
of
Obstruction
to damage to means
Locomotive
Means
of of communication
Communication
with homicide
(Art 330)
d)
RULES AS TO THE USE OF FIRE
1) Intent was only to burn but someone dies, the
crime committed is simple arson but with specific
penalty
2) If fire was used as a means to kill, the crime
committed is murder
3) If the fire was used to conceal the killing, there is
separate crimes of arson and murder/homicide
e)
PARAGRAPH 12 v PARAGRAPH 7
PAR 12
PAR 7
12. That the crime be 7. That the crime be
committed … or by the committed
on
the
use of any other artifice occasion
of
a
involving great waste conflagration, shipwreck,
and ruin.
earthquake, epidemic or
other
calamity
or
misfortune.
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13. EVIDENT PREMEDITATION
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
13. That the act
premeditation.
be
committed
with
f.
g.
evidence
-
BASIS. Based on the ways of committing the crime, implied
deliberate planning of the act before executing it
a)
The execution of the criminal act must be preceded by
cool though and reflection upon the resolution to carry
out the criminal intent during the space of time sufficient
to arrive at a calm judgment
b)
The premeditation must be evident. There must be
evidence showing that the accused meditated and
reflected on his intention between conception and
commission of crime.
c)
Evident premeditation may be considered as to the
principal by inducement
d)
Where conspiracy is directly established with proof of the
attendant deliberation and means of executing the
crime, the existence of evident premeditation can be
taken for granted.
 When conspiracy is only implied, evident
premeditation may NOT be appreciated, in the
absence of proof as to how and when the plan to
kill the victim was hatched or what time had elapsed
before it was carried out.
REQUISITES, The prosecution must proved
1. The time when the offender determined to commit the
crime
2. An act manifestly indicating that the culprit has clung to
his determination
3. A sufficient lapse of time between the determination and
execution, to allow him to reflect upon the
consequences of his act and to allow his conscience to
overcome the resolution of his will
1.
THE TIME WHEN THE OFFENDER DETERMINED TO COMMIT THE
CRIME
The date and the time when the offender determined to
commit the crime is essential, because the lapse of time
(third requisite) is computed from that date and time
2.
AN ACT MANIFESTLY INDICATING THAT THE CULPRIT HAS CLUNG
TO HIS DETERMINATION
Must be based upon external acts and not presumed
Criminal intent as evidenced by outward acts must be
notorious and manifest, and the purpose and
determination must be plain and have been adopted
after mature consideration
-
3.
When defendant attempted to kill his victim thrice
in order to marry his widow
When accused plotted the crime for weeks
Mere threats without the second element does not
show evident premeditation
Existence of ill-feeling or grudge alone is not proof of
evident premeditation
A SUFFICIENT LAPSE OF TIME BETWEEN THE DETERMINATION AND
EXECUTION
Offender must have an opportunity to cooly and
serenely thing and deliberate on the meaning and
consequences of what he planned to do, an interval
long enough for his conscience and better judgment to
overcome his evil desire and scheme
-
There must be sufficient time between the outward acts
and the actual commission of the crime
a. When accused was lying in wait for his victim just
before the attack is not sufficient, it must be proved
that he had been in wait for a substantial period of
time
b. But when accused borrowed a weapon (outward
act) early in the morning and was lying in wait for
some time before the crime, evident premeditation
is sufficiently established
e)
When victim is different from that intended,
premeditation is not aggravating.
 Still aggravating when the conspirators were
determined to kill not only the intended victim but
also anyone who may help him put a violent
resistance (People v Ubiña)
f)
Evident Premeditation may be appreciated even if there
is no particular victim
e.g. to kill the first two person he will encounter
g)
Evident premeditation can co-exist with price or reward
 With respect to the inductor (only), premeditation is
absorbed by reward or promise.
h)
Even if inherent in robbery, premeditation can be
aggravating if it included the killing of the victim
EXAMPLES, Second Requisite is present
a. When the crime was carefully planned by the
offenders
b. When the offenders previously prepared the means
which they considered adequate to carry it out
c. When a grave was prepared at an isolated placed
for the body of the intended victim
d. When accused repeatedly stated that the ‘hour of
reckoning of the victim would arrive’ and armed
themselves with deadly weapon
e. When accused started sharpening his bolo the
afternoon preceding the night of the crime
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14. CRAFT, FRAUD, OR DISGUISE
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
1)
14. That the craft, fraud or disguise be employed
2)
BASIS. Based on the means employed in the commission of the
crime
3)
THREE AGRRAVATING CIRCUMSTANCES UNDER ART 14 PAR 14
14.1. CRAFT. Any act, which would NOT arouse the suspicion
of the victim in order to facilitate the commission of the
crime. Involves intellectual trickery and cunning in order
not to arouse the suspicion of the victim.
14.2.FRAUD. Direct inducement by insidious words or
machinations used to induce the victim to act in a
manner, which would enable the offender to carry out
his design.
14.3.DISGUISE. The resort to any device to conceal identity.
*Not aggravating when they did not facilitate the commission
of the crime or not taken advantage of by the offender
14.1.CRAFT
a) CRAFT involves intellectual trickery or cunning on the part
of the accused.
b)
EXAMPLES, Where Craft is aggravating
1) US v Gampoña. Where four men invited their victim
on a journey to a distant mountain on the pretense
that they would find there a molave tree from which
flowered a liquid supposed to have a peculiar
virtues in order to kill him in an uninhabited place
2) People v Daos. Where the accused pretended to be
bona fide passengers of the taxicab driven by victim
in order not to arouse his suspicion
3) People v Timbol. Where accused pretended to be a
person of authority
4) People v Bagtas. Where accused brushed off the dirt
on the pants of the victim which he dirties himself to
distract her while a confederate grabs her wallet
from behind
5) People v Mallari. Where accused asked victim to
change the bill and upon taking out his wallet, they
snatched it
6) People v Guy. Where accused put deleterious drug
in the chocolates to weaken resistance of victim
7) People v Barbosa. Where accused lures out the
victim out of his house in order to be killed
8) People v Molleda. Where the accused pretended to
accompany the victim in a friendly manner in going
home
c)
Craft is not attendant where the unlawful scheme could
have been carried out just the same even without the
pretense.
d)
Craft is NOT aggravating when it is an element of the
offense
g)
US v Abelinde. Where the accused induced their
victims to give up their arms upon promise that no
harm should be done to them, and when they gave
up their arms, they were attacked and killed
US v Bundal. Where accused pretended to buy a
bottle of wine and induced the victim to go down
to the lower story of his dwelling where the wine was
stored where victim was assaulted
People v De Leon. Where the stepfather, while the
mother was absent, pretended to bring the girl to
her godmother’s house but was brought to another
house where she was ravished
CRAFT v FRAUD.
Fraud
When there is a direct
inducement by insidious
machinations
Craft
The acts were don in
order not to arouse the
suspicion of the victim
14.3.DISGUISE
h) DISGUISE. Resorting to any device to conceal identity;
contemplates a superficial but somewhat effective
dissembling to avoid identification.
i)
EXAMPLE, When Disguise is aggravating
1) US v Cofraada. Where accused had his face
blackened
2) People v Piring. Whre the accused covered his
face with handkerchief before committing the
crime
 People v Sonsona. Not aggravating when the
victim recognized the culprits despite use of
handkerchiefs to cover faces
3)
People v Cabato. Where culprits wore masks; still
aggravating even if the mask fell down and
revealed the identity of the culprit
 People v Reyes. Not aggravating when
accused used masquerade but was
recognizable because his face could easily be
seen together with the identifying feature of his
mustache
4)
People v Gonzales. Where the accused illegally
wore a Constabulary uniform
People v Adamos. Where accused used another
name in the publication of a libel
5)
j)
The purpose of the offender in using any device must be
to conceal his identity so that disguise is aggravating
e.g. Disguise is not aggravating
1) US v Rodriguez. Where offenders used cloths
wrapped around their heads following the custom in
their country where they were reared
2) US v Guysayo. Where the accused disguised herself
using her husband’s clothes for fear of being
attacked on the way
3) People v Cunanan. Where the disguise did not
facilitate the consummation of the crime
14.2.FRAUD
e) FRAUD. Insidious words or machinations used to induce
the victim to act in a manner which would enable the
offender to carry our his design
f)
EXAMPLES
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15. ABUSE OF SUPERIOR STRENGTH OR MEANS TAKEN TO WEAKEN HE
DEFENSE
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
e)
When the strength availed of is greatly in excess of that
required, abuse of strength is aggravating in coercion or
forcible abduction;
f)
Abuse of superior strength may be aggravating in
1) illegal detention, when six persons took and carried
away victim from home
2) robbery with rape, committed by five armed men
3) multiple rape, committed by four men
4) robbery with homicide, committed bu three men
g)
BY BAND v ABUSE OF SUPERIOR SRENGTH
By Band
Abuse of Superior
Strength
Regardless
of
the Considers
relative
comparable strength of physical
strength
of
offender and offender
the victim
party
At least four malefactors
Regardless of number
(applicable even if only
one malefactor)
All malefactors must be Regardless
of
being
armed
armed or not
15. That advantage be taken of superior strength, or
means be employed to weaken the defense.
TWO AGGRVATING CIRCUMSTANCES IN ART 14 PAR 15
15.1. ABUSE OF SUPERIOR STRENGTH
15.2.MEANS EMPLOYED TO WEAKEN THE DEFENSE
15.1.ABUSE OF SUPERIOR STRENGTH
a) To TAKE ADVANTAGE OF SUPERIOR STRENGTH means to
use purposely excessive force out of proportion to the
means of defense available to the person attacked
b)
c)
The accused must take advantage of the superior
strength so as to be aggravating
 Not aggravating when one attacks with passion and
obfuscation
 Not aggravating when the quarrel arose
unexpectedly and resulted to a fatal blow
 Not aggravating when the victim was alternately
attacked
EXAMPLES
1) US v Devela. When there is a marked difference
of physical strength; e.g. strong man against a
child, an old or decrepit person, or one
weakened by disease, or whose physical
strength has been overcome by the use of
drugs or intoxicants
2) People v Navarra. The victim was defenseless
and intoxicated. He assailants were police
officers fully armed.
3) People v Gatcho. Where the victim is a sixmonth-old baby
4)
5)
When a man attacks a woman with a weapon
 Not aggravating in parricide it is inherent in
the crime of parricide
People v Tandoc. Where the assaulting party is
greater in number and were armed
 People v Antonio. Not aggravating when
three accused were armed with bolo while
the victim was armed a revolver
 People v Ybañez. Not aggravating where
accused did not cooperate so as to secure
advantage of combined strength

d)
There is no abuse of superior strength when
one acted as principal and the other/s as
accomplices
6)
People v Padua. There is abuse of superior
strength when weapon used is out of proportion
to the defense available to the victim
7)
US v Bañagale. Simultaneous attack by two
persons with revolvers against a defenseless
person is aggravated by superior strength
*Separate and distinct, may both be attendant to the
crime
h)
Treachery absorbs abuse of superior strength
i)
Abuse of superior strength absorbs band/ cuadrilla
15.2.MEANS EMPLOYED TO WEAKEN THE DEFENSE
j)
EXAMPLES
1) US v Devela. Where one struggling with another,
suddenly throws a cloak over the head of his
opponent then wounds and kills him
2) People v Siaotong. While fighting with another,
accused suddenly casts sand or dirt upon the
victim’s eyes and kills him
3)
People v Ducusin. Intoxicating the victim
 But if in his intoxication, it is impossible for the
victim to put up any sort of resistance at the
time he was attacked, treachery may be
attendant
4)
People v Tunhawan. Use of rifle is not necessarily
employing means to weaken defense
k)
Means employed to weaken defense applies only to
crimes against persons, and sometimes against persona
and property (e.g. robbery with physical injuries or
homicide)
l)
Means employed to weaken the defense is absorbed in
treachery.
It must be proved that the accused were physically
stronger and that they abused such superiority.
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
16. TREACHERY (ALEVOSIA)
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
People v Sabanal. Mere sudden and
unexpected attack does not necessarily give
rise to treachery. E.g. done on impulse as a
reaction to provocation offered by victim
16. That the act be committed with treachery (alevosia).
There is treachery when the offender commits any of
the crimes against the person, employing means,
methods, or forms in the execution thereof which tend
directly and specially to insure its execution, without
risk to himself arising from the defense which the
offended party might make.
c.
BASIS. Based on the means and ways employed in the commission
of the crime
The mode of attack must be consciously adopted
When there is no evidence that the accused had,
prior to the moment of the killing, resolved to commit
the crime, or there is no proof that the death of the
victim was the result of meditation, calculation or
reflection, treachery cannot be considered
Third requisite can be inferred from the
circumstances
e.g. People v Guevarra. Where accused was well
hidden when he shot the unarmed and unaware
victim who had no way of defending himself,
treachery is aggravating
 People v Dadis. Where the accused was well
hidden when he shot his victim who was running
away and has no means to defend himself,
treachery was not appreciated, accused did so
because he was scared that he was armed
and not to take advantage of the
circumstance
TREACHERY/ ALEVOSIA
Present when the offender commits any of the crimes
against the person, employing means, methods or forms
in the execution thereof which tend directly and
specially to insure its execution, without risk to himself
arising from the defense which the offended party might
make
Means that the offended party was not given
opportunity to make a defense
REQUISITES, TREACHERY
1. That at the time of the attack, the victim was not in a
position to defend himself
2. That the offender consciously adopted the particular
means, method or form of attack employed by him
1.
That at the time of the attack, the victim was not in a position
to defend himself
Killed while hands were tied at the back, shot from
behind, shot while blindfolded
2.
That the offender consciously adopted the particular means,
method or form of attack employed by him
Taking advantage of relative confusion so conceal
identity and facilitate escape does not adequately
establish treachery.
 People v Tilos. Treachery was appreciated when,
accused stabbed the victim at the same time when,
on account of shower people were going out of the
dance hall to seek for cover. (Ruling was criticized
by author; ruling not in accordance with second
requisite)
RULES REGARDING TREACHERY
a. Applicable only to crimes against the person
b. Means, methods
or
forms
need not insure
accomplishment of crime
Need not to insure accomplishment as the law only
requires “to insure execution”
May be attendant to attempted and frustrated
crimes; need not be consummated
-
The attack must be deliberate, sudden and
unexpected without any warning or opportunity for
the victim to defend himself or repel the assault
 People v Casalme. The victim was not caught
by surprise as he was threatened since the day
before. Accused approached his victim, who
had no idea how the threat to him would be
carried out, then shot his five times without
warning. Treachery is attendant. Treachery
does not connote the element of surprise alone.
a)
Treachery cannot be presumed. It must be proved fully
as the crime itself in order to be aggravating.

EXCEPTIONS, Treachery is aggravating even if not
proven when
1) US v Santos. When the victim was tied elbow to
elbow, his body with many wounds and his
head cut off
2) People v Osianas. Where hands of the victim
was tied
3) People v Retubado. Where the victim is a child
and accused is an adult
b)
The mode of attack must be consciously adopted;
accused must make some preparations, the mode of
attack must be thought of by the offender and must not
spring from the unexpected turn of events
c)
There is no treachery when the meeting between the
accused and the victim is casual
d)
EXAMPLE, ATTACKS SHOWING INTENTION TO ELIMINATE
RISK
1) When victim was asleep
2) When victim was half-awake or just awakened
3) When victim was grappling or being held
4) When victims were eating lunch and not in a place
where they would be reasonably expected to be
on guard for any sudden attack
5)
Attacked from behind
With a firearm; shot from behind without a
warning, even if victim is forewarned of the
impending danger
With a bladed weapon
 Even if attack was made face-to-face, if victim
was unable to prepare for his defense, there is
treachery
 Attack from behind is not always treachery;
when not consciously adopted by accused,
when other wounds were inflicted at the front
earlier than the wound at the back
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6)
7)
8)
9)
10)
11)
12)
13)
e)
f)
When several accused took turns in stabbing the
victim
When victim was lying face down on the floor
When unsuspecting victim was attacked suddenly
When the victim was called to come out/down his
house and subjecting him to a volley of shots
When unarmed victim’s hands were raised to show
that he would not fight, or because of fright, or to
try to ward off the shots
When the victim pleaded for mercy
When victim was a child of tender age
When accused deliberately flashed the beam of
flashlight on the face of the victim
l)
m) Treachery, evident premeditation and use of superior
strength are absorbed (inherent) in treason by killings.
n)
Treachery is inherent in murder by poisoning.
o)
Treachery absorbs
1) Abuse of superior strength
2) Aid of armed men
3) By band/ cuadrilla
4) Means to weaken the defense
5) Nighttime
 Not absorbed when it can be perceived
distinctly , rests upon independent factual
basis
6) Craft
 People v Daos. Not absorbed when accused
pretended to be bona fide passengers of a
taxi (craft) and assaulted him from behind
(treachery)
 People v San Pedro. Not absorbed when craft
was employed in robbery with homicide not to
make treachery more effective in killing victim
but to facilitate the taking of the jeep
THERE IS NOT TREACHERY WHEN
1) The accused gave the victim a chance to prepare
2)
The attack is preceded by a warning
People v Luna. Accused first asked “What did
you say?” which was already a warning to the
victim of his hostile attitude.
People v Magdueño. Calling attention of
victim/ calling-out his name is not a warning
3)
The crime was preceded by a heated discussion
Treachery can co-exist with mitigating circumstance of
not having intended to cause so great an injury, hence,
intent to kill is NOT necessary in murder committed with
treachery
 Intent to kill is necessary in murder committed by
means of fire
g)
When the aggression is continuous, treachery must be
present at the beginning of the assault.
 When the assault was not continuous, in that there
was an interruption, it is sufficient that treachery was
present at the moment the fatal blow was given.
h)
Treachery is still present even if the victim was not the
same person whom the accused intended to kill
i)
Treachery is not appreciated against a principal by
induction when the only the principal by direct
participation knows the details as to how to accomplish
the crime
The mastermind should have knowledge of the
employment of treachery if he was not present
when the crime was committed, so that treachery
is aggravating to him
j)
In conspiracy, treachery is aggravating to all offenders
k)
TREACHERY v ABUSE OF SUPERIOR SRENGTH v MEANS
EMPLOYED TO WEAKEN DEFENSE
Treachery
Abuse of Superior
Means to
Strength
weaken
defense
Means and
Offender does
Employs
not employ
methods or
means but
form of attack
means, methods
the means
are employed
or forms of attack
employed
to make it
Merely takes
only
impossible or
advantage of his
materially
hard for the
weaken the
superior strength,
victim to put up
resisting
any sort of
power of the
e.g. defenseless
resistance
victim
condition of
victims
If the intervention/help of other persons did not directly
and especially insure the execution of the crime without
risk to the accused, there is no treachery
7)
p)
Disregard of age and sex
Treachery does NOT absorb
1) Dwelling
2) Passion or obfuscation
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17. IGNOMINY
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
17. That means be employed or circumstances brought
about which add ignominy to the natural effects of the
act.
18. UNLAWFUL ENTRY
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
18. That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance of a crime
a wall, roof, floor, door, or window be broken.
BASIS. Based on the means employed
IGNOMINY. Circumstance that pertains to the moral order, which
adds disgrace and obloquy to the material injury caused by the
crime
a)
b)
Ignominy is applicable to
1) crimes against chastity,
2) less serious physical injuries,
3) light or grave coercion and
4) murder
BASIS. Based on the means and ways employed to commit the
crime
One who acts not respecting the walls erected by men
to guard their property and provide for their personal
safety shows a greater perversity, a greater audacity,
hence, the law punishes him with more severity.
UNLAWFUL ENTRY. When an entrance if effected by a way not
intended for the purpose.
a)
EXAMPLES, Unlawful entry is aggravating when
1) Rape is committed in a house after an entry through
the window
2) Murder where the accused entered the room of the
victim through the window
3) In robbery with violence or intimidation when
window is used as entrance
 Not aggravating in robbery with force upon
things since it is inherent in the crime
b)
Unlawful entry must be alleged in the information,
otherwise, if proved during trial, it will only be
appreciated as generic aggravating circumstance
c)
Unlawful entry may co-exist with dwelling
d)
Unlawful entry is not aggravating in trespass to dwelling
(and robbery with force upon things)
EXAMPLES
That means be employed
1) People v Torrefiel. Accused raped a woman after
winding cogon grass around his general organ
increasing its pain
That circumstances be brought about
2) Where accused rapes a woman in the presence of
her husband/ alleged husband, fiancé
 No ignominy when man is killed in the presence
of wife
3)
4)
5)
6)
7)
8)
Where victim was successively raped by several
men
Where the victim was raped in dog style, entry from
behind
In grave coercion, where the old lady was
compelled to confess to theft by maltreating her
and removing her drawers
Where accused ordered complainant to exhibit to
them complete nakedness before raping her
Where accused used flashlight to examine the
genital of the victim
People v Nierra. Where the accused unexpectedly
appeared behind victim, held her hair and inserted
the muzzle of his pistol in her mouth, then fired
c)
There is no ignominy to the offense where the victim was
already dead when his body was dismembered
d)
The means employed or the circumstances brought
about must tend to make the effects of the crime more
humiliating or to put the offended party to shame.
e)
Rape, wanton robbery for personal gain, and other forms
of cruelties may be regarded as ignominy.
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19. BREAKING OF WALL, ROOF, FLOOR, DOOR, OR WINDOW
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
20. USE OF MOTOR VEHICLES AND OTHER SIMILAR MEANS
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
19. That as a means to the commission of a crime a wall,
roof, floor, door, or window be broken
20. That the crime be committed with the aid of persons
under fifteen years of age or by means of motor
vehicles, motorized watercraft, airships, or other similar
means. (As amended by RA 5438).
BASIS. Based on the means and ways employed to commit the
crime
a)
b)
EXAMPLES
1) US v Matanug. When the ropes at the rear of a tent
was cut and the two soldiers inside was killed,
‘forcible entry’ was aggravating
2)
It is not necessary that the offender should have entered
the building, as long as a part of the building was broken
as a means to commit the crime
c)
The ‘forcible entry’ must be used to enter the building in
order to be aggravating. Not aggravating when part of
the house is broken in order to get out of it.
d)
‘Forcible entry’ is inherent, and therefore,
aggravating in robbery with force upon things.
not
BASIS. Based on the means and ways employed to commit the
crime
TWO AGGRAVATING CIRCUMSTANCES IN ART 14 PAR 20
20.1.Use of minors (under 15 yo)
20.2.Use of motor vehicles, motorized watercraft, airships, or
other similar means
a)
Use of motor vehicle is aggravating where the accused
purposely and deliberately used the motor vehicle
1) In going to the place of the crime
2) In carrying the effects of the crime, or
3) In facilitating the escape (People v Espejo)
b)
Use of motor vehicles is not aggravating when
1) The vehicles was used only in facilitating escape, or
2) Use of vehicle is only incidental, was not purposely
sought to facilitate the commission of the offense or
to render the escape easier
c)
EXAMPLES, Use of motor vehicle not aggravating
1) In estafa which is committed by means of deceit or
abuse of confidence
2) In theft committed by merely taking personal
property and need not be carried away
d)
EXAMPLES, Use of motor vehicle aggravating
1) In forcible abduction, where the accused used an
automobile to carry away a woman to another
town
2) In theft, where a truck was used in carrying away
stolen rails, iron and wooden ties from the scene of
the theft to the place where they were sold
3) In robbery with homicide, where a motor vehicle
was used in transporting the accused
4) People v De la Cruz. Even if victims voluntarily rode
the vehicle if they were lured and taken to the place
where they were killed, use of motor vehicle is
aggravating
5) When the accused killed his girlfriend while they
were in a taxi which was hired and used by him
e)
“Or other similar means” refers to motorized vehicles or
other efficient means of transportation similar to
automobile or airplane.
Does not include bicycle
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21. CRUELTY
ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
AGGRAVATING CIRCUMSTANCES PECULIAR TO CERTAIN FELONIES
Crime
Aggravating Circumstance
Violation
of That the offense be committed in the
Domicile
nighttime, or
21. That the wrong done in the commission of the crime be
deliberately augmented by causing other wrong not
necessary for its commissions.
if any papers or effects not constituting
evidence of a crime be not returned
immediately after the search made by the
offender
BASIS. Based on the ways employed in committing the crime
CRUELTY. Present when the culprit enjoys and delights in making his
victim suffer slowly and gradually, causing him unnecessary
physical pain in the consummation of the criminal act
Interruption
of
religious worship
Direct Assault
2.
Committed with weapon, or
when the offender is a public officer or
employee, or
REQUISITES, CRUELTY
1. That the injury caused be deliberately increased by
causing other wrong
2. That the other wrong be unnecessary for the execution of
the purpose of the offender
1.
Violence or threats
when the offender lays hands upon a
person in authority
Slavery
That the injury caused be deliberately increased by causing
other wrong
Accused must have a deliberate intention to prolong the
suffering of the victim at the time of commission of the
crime
Committed for the purpose of assigning the
offended party to some immoral traffic
Grave Threats
Made in writing or
That the other wrong be unnecessary for the execution of the
purpose of the offender
Robbery
with
violence
or
intimidation
Uninhabited place
(except robbery
with homicide,
with rape, etc)
On a street, road, highway, or alley, and
Robbery with use
of force upon
things
Uninhabited place
a)
Cruelty refers to physical suffering of the victim purposely
intended by offender
b)
Cruelty cannot be presumed.
c)
EXAMPLES, Cruelty is aggravating
1) US v Oro. When the accused killed an infant by
burning his mouth and other parts of his body
2) People v Mariquina. Where victim was hog-tied, his
left eye was extracted using the pointed end of a
can, and his mouth stuffed with mud
3) People v Beleno. Where a series of acts, that took
place in rapic succession, caused unnecessary
sufferings of the victim
d)
The mere fact of inflicting various successive wounds in
order to cause victim’s death is not sufficient to establish
cruelty if there was no appreciable time intervening
between the infliction of one wound and that of another
to show that the offender wanted to prolong suffering.
(People v Dayug)
e)
Plurality of wounds alone does not establish cruelty.
f)
There is no cruelty when the other wrong was done after
the victim as dead.
g)
IGNOMINY v CRUELTY
Ignominy
Moral suffering
h)
through a middleman
By band
the intimidation is made with the use of
firearm
By band
Cruelty
Physical suffering
Rape, wanton robbery for personal gain, and other forms
of cruelties may be regarded as cruelty.
1) Rape aggravates robbery with homicide
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CHAPTER FIVE
ALTERNATIVE CIRCUMSTANCES
1.
ARTICLE 15. Their concept. - Alternative circumstances are
those which must be taken into consideration as aggravating
or mitigating according to the nature and effects of the crime
and the other conditions attending its commission. They are
the relationship, intoxication and the degree of instruction and
education of the offender.
RELATIONSHIP
a) Relationships covered
1) Spouse
2) Ascendant
3) Descendant
4) Legitimate, natural, or adopted brother or sister
5) Relative by affinity of the same degree of the
offender
6) Step-parents and step-children
b)
The alternative circumstance of relationship shall be taken into
consideration when the offended party in the spouse,
ascendant, descendant, legitimate, natural, or adopted
brother or sister, or relative by affinity in the same degrees of
the offender.
The intoxication of the offender
shall be taken into consideration as a mitigating
circumstances 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 but when the intoxication is
habitual or intentional, it shall be considered as an
aggravating circumstance.
APPLICATION
1) CRIMES AGAINST PROPERTY
a. Mitigating in the following
Robbery
Usurpation
Fraudulent Insolvency
Arson
b. Exempting in the following
Malicious Mischief
Theft
Swindling or Estafa
2)
ALTERNATIVE CIRCUMSTANCES are those which must be taken into
consideration as aggravating or mitigating according to the
nature and effects of the crime and the other conditions attending
its commission.
CRIMES AGAINST PERSONS.
►Aggravating in cases where the offended party is
relative of a higher degree than or same level with
the offender
a.
BASIS. Nature and effects of the crime and the other conditions
attending its commission
THREE ALTERNATIVE CIRCUMSTANCES
a. RELATIONSHIP
b. INTOXICATION
c. DEGREE OF INSTRUCTION AND EDUCATION
b.
c.
d.
2.
Serious Physical Injuries. Aggravating even if
the offended party is a descendant of the
offender
 Must not be inflicted by parent upon his
child
by
excessive
chastisement
(disciplining)
Less Serious Physical Injuries. Mitigating if the
offender party is a relative of a lower degree;
Aggravating if the offended party is a relative
of a higher degree
Homicide or Murder. Aggravating regardless of
degree
Rape. Aggravating where stepfather raped
stepdaughter; father raped daughter
3)
CRIMES AGAINST CHASTITY
a. Acts of Lasciviousness. Always aggravating
regardless of higher or lower degree
4)
Mitigating in Trespass to Dwelling
5)
When relationship is an element of the crime, neither
mitigating nor aggravating
INTOXICATION
a) MITIGATING
1) If intoxication is not habitual
2) If intoxication is not intentional/ subsequent to the
plan to commit a felony
b) AGGRAVATING
1) If intoxication is habitual
Habitual Drunkard is one given to intoxication
by excessive use of intoxicating drinks; the
habit should be actual and confirmed; it is
unnecessary that it be a matter of daily
occurrence
2) If it is intentional (subsequent to the plan to commit
a felony)
Intentional when the offender drinks liquor fully
knowing its effects, to find in the liquor a
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stimulant to commit a crime or a means to
suffocate any remorse
3.
c)
A person pleading intoxication as a mitigating
circumstance must show that:
1) At the time of the commission of the crime, he has
taken such quantity of alcohol as to blur his reason
and deprive him of certain degree of control, and
2) That such intoxication is not habitual, or subsequent
to the plan to commit the felony
d)
Not-habitual intoxication, lack of instruction and
obfuscation are not to be taken separately (considered
just one mitigating circumstance)
e)
It is presumed that intoxication is accidental/ not
habitual, hence, mitigating.
DEGREE OF INSTRUCTION AND EDUCATION
a) LACK OF INSTRUCTION.
1) Mere illiteracy is not sufficient to constitute a
mitigating circumstance. There must also be lack of
sufficient intelligence and knowledge of the full
significance of one’s acts.
2) Not mitigating when accused finished Grade One;
mitigating if he did not finish even Grade One
3) Not mitigating when offender is a city resident who
knows how to sign his name
b)
APPLICATION
1) Low degree/ lack of instruction and education is
generally mitigating.
 Exceptions
a. In Crimes against Property such as estafa,
theft, robbery, arson
 Exceptional cases. (Not the doctrine)
a. US v Maqui. Mitigating in theft of
large cattle committed by a
member of an uncivilized tribe of
Igorot in Igorot land
b. People v Patricion. Mitigating in
robbery with homicide
b.
c.
d.
2)
c)
In Crimes against Chastity such as rape or
adultery
Treason
Murder
 People v Laolao. Accused committed
murder as he was so ignorant as to
believe in witchcraft
High degree of instruction and education is
aggravating when the offender avails himself of his
learning in committing the crime.
 High degree of education is not aggravating
when accused did not take advantage of this.
Lack of instruction must be proved by the defense. Must
be raised in the trial court; it cannot be raised at the
appellate court.
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commission of an act punishable by law are
liable.
 The manager of the partnership is criminally
liable, even in the absence of evidence
regarding his direct participation in the
commission of the offense.
 People v Cartesiano. The president and
general manager of a corporation which
violated the Motor Vehicle Law was held
criminally liable for the offense of the
corporation.
TITLE TWO
PERSONS CRIMINALLY LIABLE FOR FELONIES
Article 16. Who are criminally liable. - The following are
criminally liable for grave and less grave felonies:
Principals.
Accomplices.
Accessories.
a.
b.
c.
The following are criminally liable for light felonies:
-
Principals
Accomplices.
1.
2.
RULES ON LIGHT FELONIES
►Accessories are not liable for light felonies; only principals and
accomplices are liable for light felonies
►Light felonies are punishable only when they have been
consummated
 When committed against persons or property, they are
punishable even if they are only in the attempted or
frustrated stage
 Accomplices are not liable even if light felony is
committed against person or property
2.
PASSIVE SUBJECT. The injured party.
The holder of the injured right which may be the
man, the juristic person, the group and the State
-
While a corporation or partnership cannot be the
active subject, it can be the passive subject of a
crime
-
Corpse or animal cannot be the passive subject;
since the dead and animals have no rights that may
be injured
 Exception: Article 353. The crime of defamation
may be committed if the imputation tends to
blacken the memory of one who is dead
*Check Art 7 and Art 16 above
TWO PARTIES IN A CRIME
1. ACTIVE SUBJECT. The criminal
The active subjects of a crime
a. Principals.
b. Accomplices.
c. Accessories.
-
-
Only natural persons can be the active subject of
crime because of the highly personal nature of
criminal responsibility; (reasons:)
a. RPC requires that the culprit acted with
personal malice or negligence. An artificial or
juridical person cannot act with malice or
negligence
b. A juridical person cannot commit a crime with
a willful purpose or malicious intent
c. There is substitution of deprivation of liberty
(subsidiary
imprisonment)
for
pecuniary
penalties in cases of insolvency
d. Other penalties consisting in imprisonment and
other deprivation of liberty can be executed
only against individuals
Officers, not the corporation are liable.
a. If the crime is committed by a corporation or
other juridical entity, the directors, officers,
employees or other officers thereof are
responsible for the offense shall be charged
and penalized for the crime.
b.
A corporation cannot be arrested and
imprisoned; hence, it cannot be punished by a
crime punishable by imprisonment
c.
Only the officers of the corporation who
participated either as principals by direct
participation or principals by induction or by
cooperation, or as accomplices in the
Juridical persons are criminally liable under certain
laws
a. Corporations may be fined for certain violations
of the followings:
1) BP Blg 68 (Corporation Code of the
Philippines)
2) CA No. 146 (Public Service Law)
3) Securities Law
4) Election Law
Article 17. Principals. - The following are considered principals:
1.
Those who take a direct part in the execution of the
act;
2.
Those who directly force or induce others to commit it;
3.
Those who cooperate in the commission of the offense
by another act without which it would not have been
accomplished.
THREE TYPES OF PRINCIPALS
1. PRINCIPALS BY DIRECT PARTICIPATION. Those who take a
direct part in the execution of the act
2.
PRINCIPAL BY INDUCTION. Those who directly force or
induce others to commit it
3.
PRINCIPAL BY INDISPENSABLE COOPERATION. Those who
cooperate in the commission of the offense by another
act without which it would not have been accomplished
PRINCIPALS v CO-CONSPIRATORS
a. The principal’s criminal liability is limited to his own acts
b. A co-conspirator, who is also a principal, is liable even to
the acts of his fellow conspirators.
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a)
COLLECTIVE CRIMINAL RESPONSIBILITY. When offenders
are criminally liable in the same manner and to the same
extent; and the penalty must be same for all
1. PRINCIPALS BY DIRECT PARTICIPATION.
Article 17. Principals. - The following are considered principals:
1.
1.
Principals by direct participation have collective
criminal responsibility.
2.
Principals by induction and principal by direct
participation have collective criminal responsibility
 Except one who forced another to commit a
crime (exempting circumstance on the part of
the induced)
3.
Principal by indispensable cooperation has
collective criminal responsibility with principal by
direct participation

Exception. When there is no conspiracy, unity of
criminal purpose and intention immediately before
the commission of the crime, or community of
criminal design, the criminal responsibility arising
from the different acts directed against the same
person is individual and not collective, and each
participant is liable only for the act committed by
him
Those who take a direct part in the execution of the
act;
a)
The principal by direct participation personally takes part
in the execution of the act constituting the crime.
b)
Two or more persons who took part in the commission of
the crime are principals by direct participation when
(REQUISITES):
1. They participated in the criminal resolution
a. They participated in the criminal resolution
when they were in conspiracy at the time of
the commission of the crime
b. Conspiracy contemplated is not the felony,
but a manner of incurring criminal liability
c. When there is no conspiracy, each of the
offenders is liable only for the act performed
by him
2.
c)
They carried out their plan and personally took part
in its execution by acts which directly tended to the
same end
[FIRST REQUISITE] CONSPIRACY
A conspiracy exists when two or more persons come
to an agreement concerning the commission of a
felony and decide to commit it
-
To be a party to a conspiracy, one must have the
intention to participate in the transaction with a view
to the furtherance of the common design and
purpose
a. By actively participating in the actual
commission of the crime
b. By lending moral assistance to his coconspirators by being present at the scene
of the crime
c. By exerting moral ascendancy over the
rest of the conspirators
-
Conspiracy arises on the very instant the plotters
agree, expressly or impliedly, to commit the felony
and decide to pursue it.
-
Mere knowledge, acquiescence, or approval of the
act without cooperation or agreement to
cooperate is not enough to make one a conspirator.
-
Silence does not make one a conspirator.
-
Conspiracy
transcends
(goes
beyond)
companionship.
e.g. People v Padrones. The two accused left
together. One of them left a closing warning to the
victim. He is not instantly a conspirator.)
-
PROOF OF CONSPIRACY
a. Need not be proven by direct evidence.
b. While conspiracy may be implied, conspiracy
must be established by positive and conclusive
evidence; proof beyond reasonable doubt
c. Interlocking extrajudicial confessions of several
accused and the testimony of state witness
against his co-accused who did not make a
confession
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d.
e.
-
Two or more extrajudicial confession given
separately, untainted by collusion, and which
tally with one another in all material respects,
are admissible as evidence of the conspiracy
To establish conspiracy, it is sufficient that the
malefactors shall have acted in concert
pursuant to the same objective
Formal agreement or previous acquaintance
among the conspirators is not necessary in
conspiracy.
a. People v Mateo. A conspiracy may be inferred
even if no actual meeting among the
conspirators to concert ways and means is
proved.
b. People v Garduque. All the accused were
already armed when they met, and that they
went together in a jeep to the place where
they robbed the hose and raped the maids,
their conspiracy is implied even if some of the
accused claim that their participation was only
to show the house of the victim.
c. People v Peralta. In order to hold an accused
guilty as a co-principal, it must be established
that he performed an overt act in furtherance
of the conspiracy
d. People v Roco. Where defendant satisfactorily
explained his presence with the group that
committed the robbery, he cannot be
considered a conspirator
e. People v Taaca. Mere presence at the scene of
the crime at the time of its commission is not by
itself sufficient to establish conspiracy
-
When there is no conspiracy, each of the offenders
is liable only for the act performed by him
-
Participation in the criminal resolution is essential. It
is not enough that a person participated in the
assault to make him a co-conspirator; cooperation
must be knowingly or intentionally given which is not
possible without previous knowledge of the criminal
purpose
-
In the absence of a previous plan to commit the
crime, the criminal responsibility arising from different
acts directed against one and the same person is
individual and not collective, [No conspiracy if no
plan at all; no unity of purpose and intention]
 [unless, conspiracy can be implied from the
acts of the perpetrators; it is shown that there is
unity of purpose and intention]
Mere presence in the crime scene did not make
them co-principals of accomplices.
-
Conspiracy is implied when the accused had a
common purpose and were united in its execution
Unity of purpose and intention in the commission of
the crime is shown in the following:
a. Spontaneous agreement at the moment of the
commission of the crime
b. Active cooperation by all offenders in the
perpetration of the crime (there must be
common motive)
c. Contributing to positive acts to the realization of
a common criminal intent
d. Presence during the commission of the crime by
a band and lending moral support thereto
Conspiracy is presumed when the crime is
committed by band
 US v Fresnido. If accused, who was
with the band, fled from the scene of
the crime and did not take part
therein at the start of the encounter
 He who claims to be a nonconspirator must prove that he
attempted to prevent the crime
e.
-
There may be conspiracy even if there is no evident
premeditation on the part of the accused
-
Where there is conspiracy, the act of one is the act
of all. All will be equally guilty as principals
irrespective of individual participation. A conspirator
is liable for the acts of a co-conspirator even though
such acts differ radically and substantially from that
which they intended to commit

A conspirator is not liable for another’s crime
which is not an object of the conspiracy or
which is not a necessary and logical
consequence thereof.
a.
People v Enriquez. Conspirators only intended
to beat up the victim and did not plan of
wounding him using a cutting instrument which
caused his death. All are guilty to the act of
using the knife to wound victim, even if they did
not initially contemplate of using a knife.
People v Espiritu. As conspirators, the four
assailants are each liable for the attack on the
victim regardless of who actually pulled the
trigger or wielded the club that killed him.
b.
-
EXAMPLES, NO Conspiracy as Shown by the Acts of
the DEFENDANT/ ACCUSED
a. People v Quisoay. Accused stabbed victim
once and ran away. He was no longer present
when his brother cut-off the head of victim. No
conspiracy.
b. People v Lacao Sr. Accused cooperated in the
execution of the offense by simultaneous acts
which are not indispensable but bore relation to
the acts of the principals and supplied materials
or moral aid in the execution of the crime,
aware of the criminal intent of the principals,
are liable only as accomplices.
c.
People v Madera. Appellants were standing
behind their co-appellant when the latter fired
shots at the victim. No proof of conspiracy.
Where one of the accused knew of the plan
and accepted the role assigned to him, and he
actually performed his role
c.
IN ROBBERY WITH HOMICIDE: Where three
conspirators agree to commit robbery only but
during the execution, one of them killed a
resident of the house, others must not be held
responsible for the homicide which was not
initially contemplated. There is no band per Art
296
NB: Article 296. Definition of a band and penalty
incurred by the members thereof. - When more
than three armed malefactors take part in the
commission of a robbery, it shall be deemed to
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participation in the fraud consisted only in the fact
that he asserted ownership in the properties
conveyed. This does not justify his conviction as a
participant in the fraud. His resolution to accept the
benefit of the fraudulent conveyances may have
been formed after the act.
have been committed by a band. When any of
the arms used in the commission of the offense
be an unlicensed firearm, the penalty to be
imposed upon all the malefactors shall be the
maximum of the corresponding penalty
provided by law, without prejudice of the
criminal liability for illegal possession of such
unlicensed firearms.

-
People v De la Cerna. Accused cannot be
held liable for the killing of victim, even if
there was conspiracy with co-accused.
The conspiracy was to kill another person
and no one else. For other acts done
outside the contemplation of the
conspirators or which are not necessary
and logical consequence of the intended
crime, only the actual perpetrator is liable.

a.
People v Timbol. Even if the
conspiracy was only against AAA and
not against BBB and CCC who
intervened, the conspirators are liable
since there was a general plan to kill
anyone who might put up a violent
resistance.
b.
d)
-
A person in conspiracy with others who had desisted
before the crime was committed by the others is not
criminally liable (People v Timbol)
-
When there is conspiracy, it is not necessary to
ascertain the specific act of each conspirator
-
When there is conspiracy, the fact that an element
of the offense is not present as regards one of the
conspirators is immaterial.
 Exceptions
1. In parricide, the element of relationship
must be present as regards all offenders
2. In murder where treachery is an element,
all the offenders must at least have
knowledge of the employment of
treachery at the time of the execution of
the act or their cooperation therein
a.
b.
c.
-
US v Hernandez. In the complex crime of
seduction by means of usurpation of official
position, accused pretended to be a minister
and performed a marriage ceremony between
co-accused and a girl to deceive her more
easily to live in marital relations with the
accused, the performance of official functions
was present to only one accused but both are
guilty for the crime.
People v Padilla. All conspirators are liable for
the crime of abduction even if only one acted
with lewd designs
In multiple rape, each rapist is equally liable for
the other rapes. Each defendant is liable not
only to the rape committed by him, but also for
the rape committed by others.
There could be no conspiracy to commit an offense
through negligence
 In cases of criminal negligence or crimes
punishable by special law, allowing or failing to
prevent an act to be performed by another
makes one a co-principal.
e)
a professional driver of a passenger truck
who allowed his conductor to drive the
truck which bumped a jeepey resulting to
death is criminally liable as co-principal of
homicide and damage to property
through reckless imprudence
a storeowner was held criminally liable
under the Pure Foods and Drugs Act where
an employee sold adulterated coffee
although the storeowner did not know
about the coffee being sold
[SECOND REQUISITE] That the culprits carried out their plan
and personally took part in its execution by acts which
directly tended to the same end
-
►Principals by direct participation must be at the
scene of the crime, personally taking part in its
execution
 Exception: Where there was conspiracy to
kidnap and kill the victim and only one of the
conspirators kidnapped the victim and after
turning him over to his co-conspirators for
execution, he left the spot where the victim was
killed; he has already performed his part
(People v Santos)
-
The acts of each offender must directly tend to the
same end.
-
One serving as guard pursuant to the conspiracy us
a principal by direct participation
When the SECOND REQUISITE is missing, there is only
CONSPIRACY
If the crime agreed on is not treason, rebellion or
sedition, they are not criminally liable
-
People v Pelagio. Accused participated in the
conspiracy when he attended the meeting where
he explained the location of the house to be robbed
and the points of entrance and exit. Such
participation would be inadequate to render him
criminally liable as conspirator.
Participation in another’s criminal resolution must
either precede or be coetaneous (at the same time)
with the criminal act.
e.g. Paople v Tan Diong. Baranda did not
participate in the conveyances, and his alleged
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2. PRINCIPAL BY INDUCTION.
Article 17. Principals. - The following are considered principals:
2.
Those who directly force or induce others to commit it;
a)
INDUCEMENT. Comprises price, promise of reward,
command, and pacto
b)
The principal by inducement becomes liable only when
the principal by direct participation committed the act
induced
c)
-
-
TWO WAYS OF BECOMING PRINCIPAL BY INDUCTION
1. By directly forcing another to commit a crime
There is no conspiracy, only the one using
force or causing fear is criminally liable
Two ways of directly forcing another to commit
a crime
a. By using irresistible force
b. By causing uncontrollable fear
2.
By directly inducing another to commit a crime
Two ways of directly inducing another to
commit a crime
a. By giving price, or offering reward or
promise
One giving the price or offering
reward or promise is a principal by
inducement
One committing the crime in
consideration thereof is a principal by
direct participation
2.
A thoughtless expression without intention to
produce the result is not an inducement to
commit a crime
An imprudent advice does not constitute
inducement
e.g. one is not guilty of robbery by inducement
when he advises a married woman whose
husband treated her badly that the only thing
for her to do is to rob him
The words of advice or the influence must have
actually moved the hands of the principal by
direct participation
a. A
person
who
persuaded
an
inexperienced boy of tender age to steal
certain jewels of his grandmother is guilty of
theft by inducement
b. People v Tamayo. The words of command
of a father to his sons determine
obedience; the father is principal by
inducement. (when the same words come
from a stranger, obedience is not due)
c. People v Bautista. Father, exercising
dominance and ascendancy, compelled
his 3y/o son to hurl a stone to another boy
causing injury. He is a principal by
inducement.
That such inducement be the determining cause of
the commission of the crime by material executor
-
Without such inducement, the crime would not
have been committed
By using words of command
Both the person giving the command
and the person who committed the
crime are equally liable
-
REQUISITES, PRINCIPAL BY INDUCEMENT
1. That the inducement be made directly with the
intention of procuring the commission of the crime
2. That such inducement be the determining cause of
the commission of the crime by material executor
►If the principal by direct participation has
personal reason to commit the crime so that he
would commit it even if no inducement was
made by another, the second requisite is not
present.
-
The inducement must precede the act induced.
e.g. the prize given to the principal by direct
participation after the commission of the crime,
without prior promise to give a price or reward,
could not be an inducement
-
With respect to command, it must be the
moving cause of the offense.
a. REQUISITES
1. That the one uttering the words of
command must have the intention of
procuring the commission of the crime
2. That the one who made the
command must have an ascendancy
or influence over the person who
acted
3. That the words used be so direct, so
efficacious, so powerful as to amount
to physical or moral coercion
4. The words of command must be
uttered prior to the commission of the
crime
5. The material executor of the crime has
no personal reason to commit the
crime
Ascendancy or influence as to amount to moral
coercion is not necessary when there is
conspiracy.
b.
d)
-
1.
That the inducement be made directly with the
intention of procuring the commission of the crime
-
The inducement may be by acts of command,
advice, or through influence, or agreement for
consideration.
-
There must exist on the part of the inducer the
most positive resolution and the most persistent
effort to secure the commission of the crime,
together with the prestation to the person
induced of the very strongest kind of
temptation to commit the crime
-
EXAMPLES, FIRST REQUISITE
a. People v Otadora. When the accused
blinded by the grudge which she bore
against the deceased; furnished the coaccused with guns
b. US v Alcotin. Married woman suggested to
her paramour that he kill her husband in
order that they might live together freely
thereafter. Paramour did kill the husband.
-
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e.g. People v Ulip. Proof that advisor had so
great sn ascendancy or influence is
unnecessary where accused acted pursuant to
a previous plan or conspiracy to kill and promise
to condone his indebtedness.
e)
f)
g)
3. PRINCIPAL BY INDISPENSABLE COOPERATION.
Article 17. Principals. - The following are considered principals:
3.
Those who cooperate in the commission of the offense
by another act without which it would not have been
accomplished.
-
One who planned the crime committed by
another is a principal by inducement
a)
-
People v Po Giok To. While it is the treasurer to
who performed the overt act of writing the false
facts on the residence certificate of the
accused, it was the accused who induced him
to do so by supplying him with those facts. The
accused is a principal by inducement. Treasurer
is innocent.
COOPERATE. To desire or wish in common a thing, but
that common will or purpose does not necessarily mean
previous understanding, for it can be explained or
inferred from the circumstances of each case
b)
REQUISITES, COOPERATION
1. Participation in the criminal resolution, that is, there
is either anterior conspiracy or unity of criminal
purpose and intention immediately before the
commission of the crime
There must be conspiracy
Samson v Court of Appeals. One is a coprincipal when he, by acts of negligence,
cooperates in the commission of estafa through
falsification or malversation, without he
negligent acts the commission of the crime
could not have been accomplished. One who
cooperated in the commission of the crime was
guilty of the same crime through reckless
imprudence.
PRINCIPAL BY INDUCEMENT v
OFFENDER WHO MADE A PROPOSAL TO COMMIT A
FELONY
Principal by Inducement
Proposal to Commit a
Felony
There is inducement to There is inducement to
commit a crime
commit a crime
Liable only when the Mere proposal to commit
crime is committed by a treason or rebellion is
the principal by direct punishable
participation
*Proponent should not
commit
the
crime,
otherwise,
he
is
a
principal
by
direct
participation
Involves any crime
Punishable
only
in
treason and rebellion
2.
EFFECTS OF ACQUITTAL OF PRINCIPALBY DIRECT
PARTICIPATION UPON THE LIABILITY OF THE PRINCIPAL BY
INDUCEMENT
1. Conspiracy is negative by the acquittal of codefendant
2. Conviction of the principal by direct participation is
necessary for the conviction of the principal by
inducement.
 When principal by direct participation is
acquitted because he acted without criminal
intent or malice, his acquittal is not ground for
the acquittal of the principal by inducement.
The possessor of a recently stolen article is considered a
principal, not merely as an accessory or accomplice
 Unless he proves in a satisfactory manner that he is
but an accessory or an accomplice and that
another person, from where the article came, is the
one who stole it
Cooperation in the commission of the offense by
performing another act, without which it would not
have been accomplished
The cooperation must be indispensable; if not
indispensable, the offender is only an
accomplice
The act of the principal by indispensable
cooperation must be different from the act of
the principal by direct participation; “By
another act”
-
If the cooperation of the accused consists of
performing an act necessary in the execution
of the crime committed, he is a principal by
direct participations; e.g. holding victims hands
while being stabbed


c)
US v Cueva. Accused held the victim by
the right hand while his brother inflicted
fatal wounds. Court rules that he is
principal by indispensable cooperation.
People v Mario. Accused held the victim
thereby pinning his hands, and coaccused stabbed him. Court ruled that he
is principal by indispensable cooperation.
EXAMPLES
1. US v Javier. Accused abducted the victim and
delivered her to his co-accused. He left the crime
scene so that his co-conspirator can consummate
the pre-arranged rape.
2. US v Lim. Accused has the duty to indorse checks to
the cashier upon verifying availability of funds on the
account of drawee. Accused, knowing there was
insufficient funds, indorsed the check drawn by coaccused enabling him to receive the cash.
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2.
ARTICLE 18. Accomplices. - Accomplices are those persons
who, not being included in Article 17, cooperate in the
execution of the offense by previous or simultaneous acts.
ACCOMPLICES. Those persons who are not being included in
Article 17, and cooperates in the execution of the offense by
previous or simultaneous acts
QUASI-COLLECTIVE CRIMINAL RESPONSIBILITY.
Between collective criminal responsibility and individual
criminal responsibility
Some of the offenders in the crime are principals and the
others are accomplices.
a)
The participation of an accomplice assumes the
commission of the crime by the principal by direct
participation
b)
The participation or cooperation of the accomplice is no
any one of those mention in Article 17. When there is no
conspiracy between or among defendants but they
were animated by one and the same purpose to
accomplish the criminal objective, those who
cooperated by previous or simultaneous acts but cannot
be held as principals
c)
►When there is doubt as to whether the offender is a
principal or accomplice, accused should be held liable
only as accomplice.
d)
When the participation of the accused is not disclosed,
he is only an accomplice
e)
An accomplice does not have previous agreement or
understanding or in conspiracy with the principal by
direct participation
f)
ACCOMPLICE v CONSPIRATOR
Accomplice
Conspirator
They know and agree
They know and agree
with the criminal design
with the criminal design
They come to know
They know the criminal
about the criminal
intention, they
intention after the
themselves decided
principal have reached
such course of action
the decision; only then
do they cooperate
They merely
Decide that a crime
concur/assent to the
should be committed
plan and cooperate in its
accomplishment
Instruments who merely
Authors of the crime
perform acts not
essential to the
perpetration of the
offense
g)
h)
REQUISITES, ACCOMPLICE
1. That there be community of design; that is knowing
the criminal design of the principal by direct
participation, he concurs with the latter in his
purpose
2. That he cooperates in the execution of the offense
by previous or simultaneous acts, with the intention
of supplying material or moral aid in the execution
of the crime in an efficacious way
3. That there be relation between the acts done by the
principal and those attributed to the person charged
as accomplice
1.
That there be community of design; that is knowing
the criminal design of the principal by direct
participation, he concurs with the latter in his
purpose
Before there could be an accomplice, there
must be a principal by direct participation; the
principal originates the criminal design to which
the accomplice mere concurs
-
Cooperation must be knowingly or intentionally
given and is not possible without previous
knowledge of the criminal purpose
a.
US v Bello. Where sentry allowed convicts
accompanied by the Corporal to go out
of jail, and they committed robbery, the
sentry is not liable as an accomplice since
he had no knowledge of their criminal
intention
b. People v Lingad. Where the driver knew
that his co-accused are going to make a
hold-up, drove them to the crime scene
and waited for them after the crime, driver
is an accomplice
-
HOW AN ACCOMPLICE ACQUIRES KNOWLEDGE
OF THE CRIMINAL DESIGN OF THE PRINCIPAL
1. When the principal informs or tells the
accomplice of his criminal purpose
2. When the accomplice saw the criminal
acts of the principal
-
If only one of the offenders originated the
criminal design and the other accused merely
concurred with him in his criminal purpose, the
other accused are accomplices.
 When the other accused agreed and
decided to commit the crime before the
actual commission
-
One who has no knowledge of the criminal
design of the principal is not an accomplice.
a. People v Ibañez. After an argument brokeup, victim ran towards his house but was
pursued by the two co-accused. AAA held
victim by the neck. Suddenly, BBB stabbed
the victim. AAA was surprised and
exclaimed “What did you do?” Held: AAA
A co-conspirator may be held liable as an accomplice
only when participation was not absolutely indispensable
to the crime (People v Nierra)
-
Ruling failed to distinguish “community of design”
and “participation in the criminal resolution” of two
or more offenders
1.
Participation in the criminal resolution.
Implies conspiracy;
Where one entered with others into an
agreement concerning the commission of
a felony and the decision to commit it
Community of design.
Does not necessarily mean that there is
conspiracy although it may develop into a
conspiracy;
when there is no agreement and decision
but knowing the criminal design of others,
and offender merely concurs in their
criminal purpose
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b.
-
2.
is not an accomplice. He did not have
intention to kill, and did not know about
BBB’s intention to kill.
US v Flores. Employee of Bureau of printing
stole black certificates used in the
registration of large cattle and sold them
to AAA who used them to sell stolen horses.
Employee took no part in the stealing or
selling of horses. Held: Employee is guilty of
theft of the bank certificates; but not an
accomplice to the theft of horses
b.
c.
d.
COMMUNITY OF DESIGN community of design
need not be to commit the crime actually
committed; it is sufficient that there was a
common purpose to commit a particular crime
and that the crime actually committed was a
natural or probable consequence of the
intended crime
a. People v Largo. Wife’s paramour caused
accused to load a time bomb in the plane
which carried Husband. Bomb exploded
and killed all passengers. Held: Accused
are accomplices; while they cooperated
in the execution of the crime, it was not
proven that they knew the intention to
destroy the plane and passengers
b. US v De Jesus. Three men entered the
house to abduct the victim’s daughter.
Two men remained in the street ready to
overcome an opposition which they might
meet. The third man entered and killed the
victim without knowledge of the other two.
Held: The other two are accomplices for
the homicide. They consented to the
commission
of
forcible
abduction;
homicide is a possibility in carrying out the
forcible abduction.
c. People v De la Cerna. The owner of the gun
knew that it would be used to kill a
particular person. The principal used it to kill
another person. Held: The owner of the gun
is not an accomplice as to the killing of the
other person.
Cooperation of the accomplice is NOT due to
conspiracy
-
EXAMPLES, Acts that are not indispensable
a. People v Villegas. Accused threw stones at
the deceased, but the throwing was done
after the actual slayer has hit the victim
with a pipe. Attack was not preconceived
as shown by the choice of stones as
weapons. Held: Accused are liable as
accomplices.
-
Wounds inflicted by accomplice msut not be
the cause of death. If the accused inflicts the
mortal wound, he becomes the principal not an
accomplice
-
RULES, People v Azcona & People v Antonio
1. The one who had the original criminal
design is the person who committed the
resulting crime
2. The accomplice, after concurring in the
criminal purpose of the principal,
cooperates by previous or simultaneous
acts
NB: simultaneous means accomplice takes
part of the crime while it is being
committed or immediately thereafter
3.
The accomplice in crimes against person
does not inflict the more or most serious
[fatal] wounds
e.g. A punched B. C saw what happened
and then he stabbed B. Liability is
individual. C had the original criminal
design. A could not have concurred to it.
If C stabbed B, and immediately
thereafter, A punched B. Here, A is an
accomplice.
That he cooperates in the execution of the offense
by previous or simultaneous acts, with the intention
of supplying material or moral aid in the execution
of the crime in an efficacious way
Unlike in a principal by cooperation, the
accomplice cooperates with the principal by
direct participation but the cooperation is only
necessary, not indispensable
 If there is conspiracy, the nature of
participation is immaterial and offender is
principal by conspiracy
-
People v Resayaga. Accussed blocked
people coming to the aid of the victim. He
is liable as accomplice.
People v Parcon. One who acted as a
look-out and assisted in taking the stolen
articles, absent conspiracy, is liable as
accomplice.
People v Vicente. Accused inflicted the
wound after the victim had fallen to the
ground seriously wounded, if not already
dead. He is liable as accomplice.
3.
-
Being present in the crime scene and giving
moral support when the crime is being
committed will make the person responsible
only as accomplice
 Mere presence without providing moral or
material support does not make one an
accomplice
-
The advice, encouragement or agreement
(moral support) should not be the determining
cause of the commission of the crime;
otherwise, one who gave the advice is a
principal by inducement
That there be relation between the acts done by the
principal and those attributed to the person charged
as accomplice
It is not enough that a person entertains an
identical criminal design as that of the principal;
there must be a relation between the criminal
act of the principal and the accomplice
e.g. People v De la Cruz. Girl was attacked by
Suitor. When parents were about to punish
Suitor, Girl stabbed him with a penknife.
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Meanwhile, Girl’s Brother was under the house
with a pistol waiting for Suitor to come down in
order to kill him. Held: Brother is not an
accomplice. Girl and Brother’s actions are not
connected.
-
i)
An accomplice may be liable for a crime
different from that which the principal
committed
a. People v Babiera. Where accused did not
know the manner of co-accused in
attacking victim, and co-accused was
guilty of murder qualified by treachery, the
accused is guilty only as accomplice to the
crime of homicide.
b. People v Valdellon. Guard asked XXX to
help him remove sacks of rice from the
warehouse he was guarding. Guarding is
liable for qualified theft (qualified by abuse
of confidence). XXX is guilty of simple thedt
only.
c. People v Doble. Accused only joined to
commit robbery by providing the banca.
During the crime, he remained in the
banca. Co-accused killed victim. Accused
is liable as accomplice to robbery.
ACCOMPLICE v PRINCIPAL (IN GENERAL)
Accomplice
Principal
One who does not take a
Those who take a direct
direct
part
in
the
part in the execution of
commission of the act
the act;
Who does not forece or
induce others to commit
it, or
Those who directly force
or induce others to
commit it;
Who does not cooperate
in the commission of the
crime by another act
without which it would
not
have
been
accomplished
Those who cooperate in
the commission of the
offense by another act
without which it would
not
have
been
accomplished.
Yet cooperates in the
execution of the act by
prvious or simultaneous
actions
j)
ACCOMPLICE v PRINICPAL BY COOPERATION
Accomplice
Principal By Cooperation
Cooperation is necessary
Cooperation must be
but not indispensable
indispensable
k)
ACCOMPLICE v PRINCIPAL BY DIRECT PARTICIPATION
Accomplice
Principal By Direct
Participation
There is community of
There is community of
criminal design
criminal design
Between principal and
Between
or
among
accomplice, there must
principals liable for the
be no conspiracy
same offense, there must
be conspiracy
No clear-cut distinction
Not favored in case of
as to acts performed; in
doubt
case of doubt, resolve in
favor of accused of
being an accomplice
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Article 19. Accessories. - Accessories are those who, having
knowledge of the commission of the crime, and without having
participated therein, either as principals or accomplices, take
part subsequent to its commission in any of the following
manners:
-
Knowledge of the commission of crime may be
established by circumstantial evidence.
b)
The crime committed by the principal must be proved
beyond reasonable doubt.
1.
By profiting themselves or assisting the offender to
profit by the effects of the crime.
c)
In order to be an accessory, accused must not have
participated either as principals or accomplices.
2.
By concealing or destroying the body of the crime, or
the effects or instruments thereof, in order to prevent its
discovery.
d)
The accessory takes part after the crime has been
committed.
3.
By harboring, concealing, or assisting in the escape of
the principals of the crime, provided the accessory
acts with abuse of his public functions or whenever 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.
ACCESSORIES. Those who, having knowledge of the commission of
the crime, and without having participated therein, either as
principals or accomplices, take part subsequent to its commission
in any of the following manners:
1.
2.
3.
a)
ACCESSORY v ACCOMPLICE
Accessory
Does not take direct part or
cooperate in, or induce, the
commission of the crime
Does not cooperate in the
commission of the offense by
acts either prior thereto or
simultaneous therewith
The participation in all cases
takes
place
after
the
commission of the crime
Accomplice
Take direct part or cooperate
in, or induce, the commission
of the crime
Cooperates in the commission
of the offense by acts either
prior thereto or simultaneous
therewith
Participation takes place
before
or
during
the
commission
By profiting from the effects of the crime
By concealing the body, effects or instruments of the
crime in order to prevent its discovery
By assisting in the escape or concealment of the
principal of the crime, provided
a. he acts with abuse of his public functions or
b. the principal is guilty of treason, parricide, murder, or
c. an attempt to take the life of the Chief Executive, or
d. is known to be habitually guilty of some other crime
An accessory must have knowledge of the commission
of the crime, and having that knowledge, he took part
subsequent to its commission
e.g. If A buys a stolen property not knowing that it was
stolen, then he is not liable.
-
Unexplained possession of stolen articles is sufficient
evidence to convict one of theft. If there has been
no one convicted as the thief, the possessor should
be prosected as principal.
 Does not apply when thief was already
convicted; Mere possession of stolen property
does not make the accused an accessory
(when the theif was already convicted)
-
Entertaining suspicions that a crime has been
committed is not enough; “knowledge” and
“suspicion” are not synonymous
-
Knowledge of the commission of crime may be
acquired subsequent to the acquisition of stolen
property
e.g. Accused acquire stolen carabaos. The owners
informed him that those carabaos were stolen. He
agreed to return the animals for half the payment he
made for them When the owners returned, Accused
already returned the carabaos to the person from
whom he had bought them. Held: Accused is guilty
as accessory. After learning that the carabaos were
stolen, he concealed or disposed of the them,
depriving the owners thereof
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SPECIFIC ACTS OF ACCESSORIES.
1. By profiting themselves or assisting the offender to profit
by the effects of the crime
Any crime provided it is not a light felony
a.
By profiting themselves by the effects of the crime
People v Tanchoco. A person who received
any property from another, and used it,
knowing that the same had been stolen, is guilty
as an accessory to theft
US v Empainado. In murder, one who shared in
the reward given for the commission of the
crime profited by the effects of the crime
 People v Yatco. A reward for locating the
stolen object given by the owner is not
fruits or effects of the crime. Not an
accessory.
-
-
b.
Accessory must receive the property from the
principal and should not take it without the
principal’s consent; otherwise, he is a principal
himself
When a person knowingly acquired or received
property taken by the brigands (Art 307, RPC),
he is liable as a principal and not an accessory
Article 307. Aiding and abetting a
band of brigands. - Any person knowingly and
in any manner aiding, abetting or protecting a
band of brigands …, or acquiring or receiving
the property taken by such brigands shall be
punished by prision correccional in its medium
period to prision mayor in its minimum period.
It shall be presumed that the person
performing any of the acts provided in this
article has performed them knowingly, unless
the contrary is proven.
2.
By concealing or destroying the body of the crime to
prevent its discovery
Any crime provided it is not a light felony
BODY OF THE CRIME is the same as CORPUS DELICTI.
-
EXAMPLES, Concealing the Body of the Crime
a. Assist in the burial of the victim to prevent
discovery of the crime; e.g. act of carrying the
cadaver
b. Placing a weapon in the victim’s hand to make
it appear that it was necessary to kill him
-
There must be an attempt to hide the body of the
crime.
e.g. Accused did not take part in the killing. He was
just ordered to board the jeepney, not knowing the
reason of the ride. Accused helped in removing the
two dead bodies from the jeepney and throwing the
into the ditch but there was not attempt to bury or
hid said bodies. Held: Accused must be acquitted.
-
Must be done for the purpose of concealing or
destroying the effects or instruments of the crime to
prevent its discovery
a. Receiving a stolen personal property knowing
that it has been stolen and concealed it
b. Receiving a pistol or knife knowing that it had
been used in the crime and concealed it
c. Destroyed the ladder which he knew had been
used by another in committing a crime
-
Concealment is done to prevent the discovery of
the crime not the principal; if the principal was
concealed, accused is an accomplice (Art 19, Par
3)
Assisting the offender to profit by the effects of the
crime
US v Galanco. A person who sells the stolen
goods on behalf of the thief, knowing that those
were stolen, is guilty as accessory to theft.
People v Magsino. Those who acted as runners
and couriers in kidnapping for ransom assisted
the offenders to profit from the effects of the
crime.
-
Accessory should not be in conspiracy with the
principal; otherwise, he is a principal
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3.
By harboring, concealing or assisting in the escape of the
principal of the crime
1. Public Officers who harbor, conceal or assist in the
escape of the principal of any crime (not light
felony) with abuse of his public functions
-
2.
Private persons who harbor, conceal or assist in the
escape of the author of the crime – guilty of treason,
parricide, murder, or an attempt against the life of
the President, or who is known to be habitually guilty
of some other crime
-
a)
b)
c)
REQUISITES
a. The accessory is a public officer
b. He harbors, conceals, or assists in the
escape of the principal
c. The public officer acts with abuse of his
public functions
d. The crime committed by the principal is
any crime, provided it is not a light felony
REQUISITES
a. That the accessory is a private person
b. That he harbors, conceals or assists in
the escape of the author of the crime
c. That the crime committed by the
principal is either:
1) Treason
2) Parricide
3) Murder
4) An attempt against the life of the
President
5) Principal is known to be habitually
guilty of some other crime
(Accessory
must
have
knowledge of the principal being
habitually guilty of some other
crime)
-
FENCING. The acct of any person who, with intent to gain
for himself or for another, shall buy, receive, possess,
keep, acquire, conceal, sell or dispose of, or shall buy
and sell, or in any other manner deal in any article, item,
object or anything of value which he knows, or should be
known to him, to have been derived from the proceeds
of the crime of robbery or theft
-
FENCE. Includes any person, firm,
corporation or partnership or other
who/which commits the act of fencing
-
If the fence is a partnership, firm, corporation or
association, the president or the manager or any officer
thereof who knows or should have known the commission
of the offense shall be liable.
-
Mere possession of any goods, article, item, object or
anything of value which has been the subject of robbery
or thievery shall be prima facie evidence of fencing.
association,
organization
A mayor who refused to prosecute offender is an
accessory. (US v Yacat)
One who kept silent with regard to the crime he
witnessed is not an accessory. (US v Caballeros)
When a person volunteered false information to
deceive the prosecution in order to prevent the
detection of the guilty parties, he is an accessory.
(US v Romulo)
d)
The responsibility of the accessory is subordinate to
that of the principal. When alleged principal is not
guilty, the alleged accessory is also not guilty.
 An accessory may be convicted despite
acquittal of the principal because of an
exempting circumstance and the crime was in
fact committed (e.g. insanity, minority)
e)
Apprehension and conviction of the principal is not
necessary for the accessory to be held criminally
liable; determination of the guilt of the accessory or
accomplice can proceed independently of that of
the principal
The arraignment, trial and conviction of accessory
during the pendency of a separate case against the
principal are null and void
 When the principal is not yet apprehended, the
accessory may be prosecuted and convicted
f)
PF 1612: ANTI-FENCING LAW
Accessory in robbery and theft is a principal in fencing.
Heavy penalties are imposed against accessories in
robbery in theft.
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ARTICLE 20. Accessories who are exempt from criminal liability.
- The penalties prescribed for accessories shall not be imposed
upon those who are such with respect to their spouses,
ascendants, descendants, legitimate, natural, and adopted
brothers and sisters, or relatives by affinity within the same
degrees, with the single exception of accessories falling within
the provisions of paragraph 1 of the next preceding article.
►The accessory is exempt from criminal liability when the
principals is his
a. Spouse, or
b. Ascendant, or
c. Descendant, or
d. Legitimate natural or adopted brother, sister or relative by
affinity within the same degree

Accessory is not exempt from criminal liability even if the
principal is related to him if such accessory
a. Profited by the effects of the crime, or
b. Assisted the offender to profit by the by the effects of
the crime
-
Does not include nephew or niece
-
Relationship by affinity between surviving spouses and
blood relatives of the deceased spouse survives even
after the death of the deceased spouse
-
EXAMPLES, Accessories Exempt from Liability
a. Son who helps his father bury the body of the person
he has murdered in order to prevent discovery
b. A grandson, having knowledge of the robbery by his
grandfather, conceals or destroys the body of the
crime or the effects or instruments thereof
c. A person who harbors, conceals or assists in the
escape of his brother who committed treason
-
The purpose of concealing the effects of the crime must
be to prevent discovery, and not to obtain gain e.g.
a.
A husband conceals the property stolen by wife in
order to profit from it later. He is guilty as accessory
since he is prompted by greed and not to prevent
discovery of the crime.
b. An adopted brother harbored and concealed his
brother who killed his wife. Adopted brother
received some money from his brother. Adopted
brother is an accessory is not liable because he did
not profit from the effects of the crime. The money
was not the effect of the crime.
-
A public officer who, with evident abuse of his office,
furnished the means of escape to his brother who had
committed murder does not incur criminal liability.
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TITLE THREE
PENALTIES
ARTICLE 21. Penalties that may be imposed. - No felony shall be
punishable by any penalty not prescribed by law prior to its
commission.
CHAPTER ONE
PENALTIES IN GENERAL
PENALTY is the suffering that if inflicted by the State for the
transgression of a law
JURIDICAL CONDITIONS OF PENALTY
(According to the classical school)
1. PRODUCTIVE OF SUFFERING. without however affecting
the integrity of the human personality
2. COMMENSURATE with the offense; different crimes must
be punished with different penalties
3. PERSONAL. no one should be punished for the crime of
another
4. LEGAL. It is the consequence of a judgment according to
law
5. CERTAIN. No one may escape its effects.
6. EQUAL FOR ALL
7. CORRECTIONAL
THEORIES JUSTIFYING PENALTY
1. PREVENTION. The State must punish the criminal to
prevent or suppress the danger to the State arising from
the criminal acts of the offender
2. SELF-DEFENSE. The State has the right to punish the
criminal as a measure of self-defense so as to protect
society from the threat and wrong inflicted by the
criminal
3. REFORMATION. The object of punishment in criminal
cases is to correct and reform the offender
4. EXEMPLARITY. The criminal is punished to serve as an
example to deter others from committing crimes
5. JUSTICE. The crime must be punished by the Sate as an
act of retributive justice, a vindication of absolute right
and moral law violated by the criminal
PURPOSE OF PENALTY UNDER THE RPC
1. RETRIBUTION or EXPIATION. The penalty is commensurate
with the gravity of the offense
2. CORRECTION or REFORMATION. As shown by the rules
which regulate the execution of the penalties consisting
in deprivation of liberty
3. SOCIAL DEFENSE. Shown by its inflexible severity to
recidivists and habitual delinquents
CONSTITUTIONAL RESTRICTIONS ON PENALTIES
a. Excessive fines shall not be imposed, no cruel and
unusual punishment inflicted
b. CRUEL AND UNUSUAL when it is so disproportionate to the
offense committed as to shock the moral sense of all
reasonable met as to what is right and proper under the
circumstances; inhuman and barbarous, or shocking to
the conscience
c. Fines and imprisonment does not constitute in themselves
cruel and unusual punishment. (People v Dionisio)
►Government is prohibited from punishing any person for any
felony with any penalty which has not been prescribed by law.
-
Provision may be invoked when a person is being tried for
an act or omission for which no penalty has been
prescribed by law.
-
An act or omission cannot be punished by the State if at
the time it was committed there was no law prohibiting
it, because a law cannot be rationally obeyed unless it is
first shown, and a man cannot be expected to obey an
order that has not been given.
-
Subsidiary penalty for a crime cannot be imposed, if it
was not prescribed by law prior to its commission. (US v
Macasaet)
ARTICLE 22. Retroactive Effect of Penal Laws. — Penal laws shall
have a retroactive effect in so far as they favor the person guilty
of a felony, who is not a habitual criminal, as this term is defined
in rule 5 of article 62 of this Code, although at the time of the
publication of such laws a final sentence has been pronounced
and the convict is serving the same.
►Article 22 does NOT apply to the provisions of the Revised Penal
Code. (correlate with Article 10)
Article 22 applies to:
a. Penal laws existing prior to the RPC in which the penalty
was less severe;
b.
Laws enacted subsequent to the RPC in which the
penalty is more favorable to the accused
►Criminal law may not be given retroactive effect.
 Criminal law may be given retroactive effect when
favorable to the accused.
Both old and new law must refer to the same deed
or omission
Retroactive effect may be made even if the
accused is already serving sentence

Exception for retroactive application
1. When the new law expressly provides otherwise
(mandates with prospective application)
2. When the accused is a habitual delinquent
HABITUAL DELINQUENT. A person who within a
period of ten years from the date of his release
or last conviction of the crimes of serious or less
serious physical injuries, robbery, theft, estafa or
falsification, he is found guilty of any said crimes
a third time or oftener
3.
Does not apply to civil liability; but a new law
increasing civil liability cannot be given
retroactive effect
4.
Criminal liability under former law subsists when
a. When the provisions of the former law are
reenacted
b. When the repeal is by implication
c. When there is a saving clause
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
5.
Criminal liability is obliterated when
the repeal is absolute
As regards jurisdiction of courts.
Jurisdiction of a court is to be determined
by the law in force at the time of instituting
the action and not at the time of the
commission of the crime
Jurisdiction
is
determined
by
the
allegations of the complaint or information
and not by the findings the of the court
after trial
-
Giving a law retroactive effect, if unfavorable to
accused, will violate the constitutional inhibition against
ex post facto laws.
-
EX POST FACTO LAW is one which
a. Makes criminal an act done before the passage of
the law and which was innocent when done, and
punishes such act
b. Aggravates a crime or makes it greater than it was
when committed
c. Changes the punishment and inflicts a greater
punishment than the law annexed to the crime
when committed
d. Alters the legal rules of evidence and authorizes
conviction upon less or different testimony than the
law required at the time of the commission of an
offense
e. Assuming to regulate civil rights and remedies only,
in effect imposes penalty or deprivation of a right
for something which when done was lawful, and
f.
Deprives a person accused of a crime of some
lawful protection to which he has become entitled
such as the protection of a former conviction or
acquittal, or a proclamation of amnesty
ARTICLE 23. Effect of Pardon by the Offended Party. — A pardon
by the offended party does not extinguish criminal action
except as provided in article 344 of this Code; but civil liability
with regard to the interest of the injured party is extinguished by
his express waiver.
►A pardon by the offended party does not extinguish criminal
action.
 Except as provided in Article 344; pardon must be made
before the institution of criminal prosecution
a.
b.
a)
The offended party in the crimes of adultery and
concubinage cannot institute criminal prosecution if
he shall have consented or pardoned the both
offenders.
Pardon may be implied; e.g. continued
inaction of the offended party after learning
the offense
In the crimes of seduction, abduction, rape or acts
of lasciviousness, there shall be no criminal
prosecution if the offender has been expressly
pardoned by the offended party or her parents or
guardian.
Even if the injured party already pardoned by the
offender, the fiscal can still prosecute the offender.
Pardon is not a ground for the dismissal of the complaint
or information.
b)
Compromise does not extinguish criminal liability. There
may be compromised upon the civil liability arising from
an offense, but it shall not extinguish the public action for
the imposition of legal penalty/
c)
A contract renouncing the right to prosecute or waiving
criminal liability is void.
d)
Civil liability with regard to the interest of the injured party
is extinguished by his express waiver.
e)
TWO CLASSES OF INJURIES
a. Social Injury produced by the disturbance and
alarm which are the outcome of the offense;
sought to be repaired through the imposition of the
corresponding penalty; the State is interested and
the offended party cannot pardon the offender so
as to relieve the penalty
b.
Personal Injury caused to the victims of the crime
who suffered damage either to his person, to his
property, to his honor or to her chastity; repaired
through indemnity which the offended party may
expressly waive
ARTICLE 24. Measures of Prevention or Safety Which are Not
Considered Penalties. — The following shall not be considered
as penalties:
1.
The arrest and temporary detention of accused
persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their
confinement in a hospital.
2.
The commitment of a minor to any of the institutions
mentioned in article 80 and for the purposes
specified therein.
3.
Suspension from the employment or public office
during the trial or in order to institute proceedings.
4.
Fines and other corrective measures which, in the
exercise of their administrative or disciplinary powers,
superior officials may impose upon their
subordinates.
5.
Deprivation of rights and the reparations which the
civil laws may establish in penal form.
a.
“As well as their detention by reason of insanity or
imbecility” refers to accused persons who are detained
by reason of insanity or imbecility
b.
There are not considered penalties because they are
not imposed as a result of judicial proceedings
1. Paragraphs 1, 3 and 4 are merely preventive
measures before conviction
2. Commitment of a minor in par 2 is not imposed
by the court; imposition of the sentence in
such case is suspended
3. Fines mentioned in par 4 are not imposed by
the court
4. Example for par 5, parents who are deprived
of parental authority if found guilty of the
crime of corruption of their minor children
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CHAPTER TWO
CLASSIFICATION OF PENALTIES
ARTICLE 25. Penalties Which May Be Imposed. — The penalties
which may be imposed, according to this Code, and their
different classes, are those included in the following:
SCALE
PRINCIPAL PENALTIES
Capital punishment:
Death.
Afflictive penalties:
Reclusión perpetua,
Reclusión temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prisión mayor.
Correctional penalties:
Prisión correccional,
Arresto mayor,
Suspensión,
Destierro.
Penalties common to the three preceding classes:
Fine, and
Bond to keep the peace.
ACCESSORY PENALTIES
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted
for, the profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the
offense,
Payment of costs.
►The penalties which may be imposed, according to RPC, are
those included in Article 25 only.
b.
Reclusion perpetua is not life imprisonment (cadena
perpetua).
The RPC does not prescribe the penalty of life
imprisonment for any of the felonies therein defined. Life
imprisonment is imposed by special laws.
►RA 9346 prohibited the imposition of death penalty. (24 June
2006)
a.
2.
ACCESSORY PENALTIES. Those that are deemed included
in the imposition of the principal penalties
-
Penalties that may be considered principal or
accessory penalties
a. Perpetual
or
temporary
absolute
disqualification,
b. Perpetual or temporary special disqualification
c. Suspension
ACCORDING TO SUBJECT MATTER
1. Corporal. Death
2. Deprivation of Freedom. Reclusion, prision, arresto
3. Restriction of Freedom. Destierro
4. Deprivation of Rights. Disqualification and Suspension
5. Pecuniary. Fine
Light penalties:
Arresto menor,
Public censure.
a.
CLASSIFICATION OF PENALTIES
1. PRINCIPAL PENALTIES. Those expressly imposed by the
court in the judgment of conviction
a. Indivisible Penalties. Those which have no fixed
durations
1) Death
2) Reclusion perpetua
3) Perpetual absolute or special disqualification
4) Public Censure
b. Divisible Penalties. Those that have fixed duration
and are divisible into three periods
Imposed reclusion perpetua in lieu of death when the
law violated makes use of the nomenclature of the
penalties of the RPC
RECLUSION PERPETUA v LIFE IMPRISONMENT
Reclusion Perpetua
Life Imprisonment
Imposed by RPC
Not imposed by RPC but by
special laws
Entails imprisonment for at Does not appear to have any
least 30 years after which the definite extent or duration
convict becomes eligible for
pardon
Carries accessory penalties
Does not carry accessory
penalties
ACCORDING TO THEIR GRAVITY
1. Capital
2. Afflictive
3. Correctional
4. Light
►Censure, being a penalty, is not proper in acquittal. A finding of
guilty must be precede the punishment.
 A court acquitting the accused may criticize his acts or
conduct.
ARTICLE 26. Fine — When Afflictive, Correctional or Light Penalty.
— A fine, whether imposed as a single or as an alternative
penalty, shall be considered an afflictive penalty, if it exceeds
6,000 pesos; a correctional penalty, if it does not exceed 6,000
pesos but is not less than 200 pesos; and a light penalty, if it be
less than 200 pesos.
a)
Fine as alternative penalty; e.g. Article 144 punishes
disturbances of proceedings with the penalty of arresto
mayor or a fine ranging from P200.00 to P1,000.00
b)
Fine as a single penalty; a fine of P200.00 to P6,000.00
c)
Penalties cannot be imposed in the alternative. It is the
duty of the court to indicate the penalty imposed
definitely and positively.
d)
Article 26 merely classifies fine and does not define light
felony. Article 9 par 3 prevails.
►Fine is
1. Afflictive. Over P6,000.00
2. Correctional. P200.00 to P6,000.00
3. Light Penalty. Less than P200.00
►Bond to keep the peace is by analogy
1. Afflictive. Over P6,000.00
2. Correctional. P200.00 to P6,000.00
3. Light Penalty. Less than P200.00
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CHAPTER THREE
DURATION AND EFFECT OF PENALTIES
SECTION ONE.
DURATION OF PENALTIES
ARTICLE 27. Reclusion perpetua. - The penalty of reclusion
perpetua shall be from twenty years and one day to forty years.
Reclusion temporal. - The penalty of reclusion temporal shall be
from twelve years and one day to twenty years.
Prision mayor and temporary disqualification. - The duration of
the penalties of prision mayor and temporary disqualification
shall be from six years and one day to twelve years, except
when the penalty of disqualification is imposed as an accessory
penalty, in which case, it shall be that of the principal penalty.
Prision correccional, suspension, and destierro. - The duration of
the penalties of prision correccional, suspension, and destierro
shall be from six months and one day to six years, except when
the suspension is imposed as an accessory penalty, in which
case, its duration shall be that of the principal penalty.
Arresto mayor. - The duration of the penalty of arresto mayor
shall be from one month and one day to six months.
Arresto menor. - The duration of the penalty of arresto menor
shall be from one day to thirty days.
Bond to keep the peace. - The bond to keep the peace shall
be required to cover such period of time as the court may
determine.
(As amended by RA 7659, Section 21)
DURATION OF EACH OF THE PENALTIES
Penalty
Duration
1. Reclusion perpetua
20 yrs, 1 day --- 40 yrs
2. Recclusion temporal
12 yrs, 1 day --- 20 yrs
3. Prision mayor &
6 yrs, 1 day --- 12 yrs
temporary disqualification*
4. Prision correctional,
6 mos, 1 day --- 6 yrs
Suspension* & destierro
5. Arresto mayor
1 mo, 1 day --- 6 mos
6. Arresto menor
1 day --- 30 days
7. Bond to keep the peace
the period deuring which
the bond shall be effective is
discretionary on the court
*except when disqualification/suspension is accessory penalty in
which case its duration is that of the principal
CASES WHEN DESTIERRO IS IMPOSED
1. Serious physical injuries or death under exceptional
circumstances(Art 247)
2. In case of failure to give bond for good behavior
3. As a penalty for the concubine in concubinage
4. In cases where after reducing the penalty by one or more
degrees destierro is the proper penalty
N.B. Bond to keep the peace is not specifically provided as a
penalty for any felony and therefore, it cannot be imposed by the
court
Bond for good behavior (Art 284) which is required of a person
making a grave or light threat is not required to be given in cases
involving other crimes.
ARTICLE 28. Computation of Penalties. — If the offender shall be
in prison the term of the duration of the temporary penalties shall
be computed from the day on which the judgment of
conviction shall have become final.
If the offender be not in prison, the term of the duration of the
penalty consisting of deprivation of liberty shall be computed
from the day that the offender is placed at the disposal of the
judicial authorities for the enforcement of the penalty. The
duration of the other penalties shall be computed only from the
day on which the defendant commences to serve his sentence.
RULES FOR THE COMPUTATION OF PENALTIES. The Director of Prisons
or the warden should compute the penalties imposed upon the
convicts, observing the following rules:
1.
2.
3.
When the offender is in prison, the duration of temporary
penalties is from the day on which the judgment of
conviction becomes final
When the offender is not in prison, the duration of penalty
consisting in deprivation of liberty is from the day that the
offender is placed at the disposal of judicial authorities
for the enforcement of the penalty
The duration of other penalties is from the day on which
the offender commences to serve his sentence
►The service of sentence of one in prison begins only on the day
the judgment of conviction becomes final.
NB. Arrest and temporary detention of the accused is not
considered a penalty under Art 24.
EXAMPLE OF TEMPORARY PENALTIES
1. Temporary absolute disqualification
2. Temporary special disqualification
3. Suspension
RULES IN CASES OF TEMPORARY PENALTIES
1. If an offender is under detention, e.g. undergoing
preventive imprisonment, the duration of temporary
penalties is from the day on which the judgment of
conviction becomes final
2.
If the offender is not under detention, the duration is
from the day on which the offender commences to
serve his sentence
EXAMPLES OF PENALTIES CONSISTING IN DEPRIVATION OF LIBERTY
1. Imprisonment
2. Destierro
RULES IN CASE OF PENALTIES CONSISTING IN DEPRIVATION OF
LIBERTY
1. When offender is not in prison, the duration of penalty
consisting in deprivation of liberty is from the day that the
offender is placed at the disposal of judicial authorities
for the enforcement of the penalty
2.
When the offender is undergoing preventive
imprisonment, the duration is from the day on which the
offender commences to serve his sentence
 But the offender is entitled to a deduction of full time
or four-fifths of the time of his detention
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ARTICLE 29. Period of preventive imprisonment deducted from
term of imprisonment. – Offenders or accused who have
undergone preventive imprisonment shall be credited in the
service of their sentence consisting of deprivation of liberty, with
the full time during which they have undergone preventive
imprisonment if the detention prisoner agrees voluntarily in
writing after being informed of the effects thereof and with the
assistance of counsel to abide by the same disciplinary rules
imposed upon convicted prisoners, except in the following
cases:
1.
2.
When they are recidivists, or have been convicted
previously twice or more times of any crime; and
disciplinary rules imposed upon convicted
prisoners
c)
Credit for the preventive imprisonment for the penalty of
reclusion perpetua shall be deducted from 30 years.
d)
The credit is given in service of sentences consisting of
deprivation of liberty. If the offense is punishable by
imprisonment OR a fine, and the court only imposed fine,
there is no credit to be given.
e)
If the prisoner is convicted, he would enjoy good
conduct time allowance for the actual period of
detention.
1. The computation of maximum possible
imprisonment for purposes of immediate
release should be the actual period of
detention plus good conduct time allowance.
2. If good conduct time allowance is granted to
convicted prisoners, this benefit should also be
extended to detention prisoner.
f)
Although destierro does not constitute imprisonment, it is
a deprivation of liberty. Time of preventive imprisonment
should be credited with the penalty of destierro.
g)
(After Trial) A convict will be released immediately if the
penalty imposed after trial is less than the full time or fourfifths of the time of the preventive imprisonment.
h)
(Pending Trial) Accused shall be released immediately
whenever he has undergone preventive imprisonment
for a period equal to the possible maximum
imprisonment for the offense charged.
i)
OFFENDERS NOT ENTITLED TO FULL TIME OR FOUR-FIFTHS OF
THE TIME OF PREVENTIVE IMPRISONMENT
1. RECIDIVISTS or those convicted previously twice
or more times of any crime
2. Those who, upon being summoned for the
execution of their sentence, FAILED TO
SURRENDER VOLUNTARILY
(e.g. when accused, after some time of
preventive imprisonment, was able to go out
after posting bail)
3. HABITUAL DELINQUENTS
4. ESCAPEES. Those who have escaped from
confinement from a penal establishment.
5. PERSONS CHARGED WITH HEINOUS CRIMES
When upon being summoned for the execution of
their sentence they have failed to surrender
voluntarily.
If the detention prisoner does not agree to abide by the same
disciplinary rules imposed upon convicted prisoners, he shall do
so in writing with the assistance of a counsel and shall be
credited in the service of his sentence with four-fifths of the time
during which he has undergone preventive imprisonment.
Credit for preventive imprisonment for the penalty of reclusion
perpetua shall be deducted from thirty (30) years.
Whenever
an
accused
has
undergone
preventive
imprisonment for a period equal to the possible maximum
imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be
released immediately without prejudice to the continuation of
the trial thereof or the proceeding on appeal, if the same is
under review. Computation of preventive imprisonment for
purposes of immediate release under this paragraph shall be
the actual period of detention with good conduct time
allowance: Provided, however, That if the accused is absent
without justifiable cause at any stage of the trial, the court may
motu proprio order the rearrest of the accused: Provided, finally,
That recidivists, habitual delinquents, escapees and persons
charged with heinous crimes are excluded from the coverage
of this Act. In case the maximum penalty to which the accused
may be sentenced is destierro, he shall be released after thirty
(30) days of preventive imprisonment.
(as amended by RA 10592, Section 1)
a)
The accused undergoes preventive imprisonment when:
1. the offense charged is non-bailable, or
2. even if bailable, he cannot furnish the required bail
b)
Offenders
who
have
undergone
preventive
imprisonment shall be credited in the service of his
sentence:
1. FULL-TIME during which they have undergone
preventive imprisonment, if the detention
prisoner agrees voluntarily to abide by the
same disciplinary rules imposed upon
convicted prisoners in writing with the
assistance of a counsel
2.
FOUR-FIFTHS of the time during which he has
undergone preventive imprisonment, if the
detention prisoner does not agree to abide by
the same disciplinary rules imposed upon
convicted prisoner in writing with the assistance
of a counsel
3.
FULL-TIME he spent in actual
detention if the offender is
Child and Youth Welfare
necessary that he agreed
confinement and
a youth (PD 603,
Code); it is not
to abide by the
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SECTION TWO.
EFFECTS OF THE PENALTIES
ACCORDING TO THEIR RESPECTIVE NATURE
ARTICLE 30. Effects of the penalties of perpetual or temporary
absolute disqualification. - The penalties of perpetual or
temporary absolute disqualification for public office shall
produce the following effects:
1.
The deprivation of the public offices and employments
which the offender may have held even if conferred
by popular election.
2.
The deprivation of the right to vote in any election for
any popular office or to be elected to such office.
3.
The disqualification for the offices or public
employments and for the exercise of any of the rights
mentioned.
In case of temporary disqualification, such
disqualification as is comprised in paragraphs 2 and 3
of this article shall last during the term of the sentence.
4.
The loss of all rights to retirement pay or other pension
for any office formerly held.
ARTICLE 35. Effects of bond to keep the peace. - It shall be the
duty of any person sentenced to give bond to keep the peace,
to present two sufficient sureties who shall undertake that such
person will not commit the offense sought to be prevented, and
that in case such offense be committed they will pay the
amount determined by the court in the judgment, or otherwise
to deposit such amount in the office of the clerk of the court to
guarantee said undertaking.
The court shall determine, according to its discretion, the period
of duration of the bond.
Should the person sentenced fail to give the bond as required
he shall be detained for a period which shall in no case exceed
six months, is he shall have been prosecuted for a grave or less
grave felony, and shall not exceed thirty days, if for a light
felony.
PERPETUAL OR TEMPORARY ABSOLUTE DISQUALIFICATION
1. Deprivation of the public offices and employments, even
if by election
2. Deprivation of the right to vote or to be elected
3. Disqualification for the offices or public employments
and for the exercise of any of the rights mentioned.
4. Loss of all rights to retirement pay or other pension for any
office formerly held.
Perpetual absolute disqualification is effective during the
lifetime of the convict and even after the service of the
sentence
ARTICLE 31. Effect of the penalties of perpetual or temporary
special disqualification. - The penalties of perpetual or temporal
special disqualification for public office, profession or calling
shall produce the following effects:
1.
The deprivation of the office, employment, profession
or calling affected;
2.
The disqualification for holding similar offices or
employments either perpetually or during the term of
the sentence according to the extent of such
disqualification.
ARTICLE 32. Effect of the penalties of perpetual or temporary
special disqualification for the exercise of the right of suffrage. The perpetual or temporary special disqualification for the
exercise of the right of suffrage shall deprive the offender
perpetually or during the term of the sentence, according to the
nature of said penalty, of the right to vote in any popular
election for any public office or to be elected to such office.
Moreover, the offender shall not be permitted to hold any public
office during the period of his disqualification.
ARTICLE 33. Effects of the penalties of suspension from any
public office, profession or calling, or the right of suffrage. - The
suspension from public office, profession or calling, and the
exercise of the right of suffrage shall disqualify the offender from
holding such office or exercising such profession or calling or
right of suffrage during the term of the sentence.
The person suspended from holding public office shall not hold
another having similar functions during the period of his
suspension.
ARTICLE 34. Civil interdiction. - Civil interdiction shall deprive the
offender during the time of his sentence of the rights of parental
authority, or guardianship, either as to the person or property of
any ward, of marital authority, of the right to manage his
property and of the right to dispose of such property by any act
or any conveyance inter vivos.
Temporary absolute disqualification lasts during the term
of the sentence and is removed after the service of the
same, except
a. Deprivation of the public office or employment,
and
b. Loss of all rights to retirement pay or other
pension for any office formerly held
PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION
1. Deprivation of the office, employment, profession or
calling affected;
2. Disqualification for holding similar offices or employments
either perpetually or during the term of the sentence
PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION
FOR THE EXERCISE OF THE RIGHT OF SUFFRAGE
1. Deprivation of the right to vote or to be elected to any
public office
2. Cannot hold any public office during the period of
disqualification
SUSPENSION FROM ANY PUBLIC OFFICE, PROFESSION OR CALLING,
OR THE RIGHT OF SUFFRAGE.
1. Disqualification from holding such office or exercising
such profession or calling or right of suffrage during the
term of the sentence
covers calling or trade, e.g. broker, master plumber,
etc
2.
If suspended from public office, the offender cannot hold
another office having similar functions during the period
of suspension
CIVIL INTERDICTION
1. Deprivation of the rights of paternal authority or
guardianship of any ward
2. Deprivation of marital authority
3. Deprivation of the right to manage his property and of
the right to dispose of such property by any act or any
conveyance inter vivos
 He can dispose of such property by will or donation
mortis causa
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BOND TO KEEP THE PEACE
1. The offender must present two sufficient sureties who shall
undertake that the offender will not commit the offense
sought to be prevented, and that in case such offense
be committed they will pay the amount determined by
the court; or
2. The offender must deposit such amount with the clerk of
court to guarantee such understanding; or
3. The offender may be detained, if he cannot give the
bond, for a period not to exceed six months if prosecuted
for grave or less grave felony, or for a period not to
exceed 30 days, if for a light felony
N.B. Bond is different from bail bond which is posted for
the provisional release of a person arrested for or
accused of a crime.
ARTICLE 36. Pardon; its effect. - A pardon shall not work the
restoration of the right to hold public office, or the right of
suffrage, unless such rights be expressly restored by the terms
of the pardon.
A pardon shall in no case exempt the culprit from the payment
of the civil indemnity imposed upon him by the sentence.
EFFECTS OF PARDON BY THE PRESIDENT
1. A pardon shall not restore the right to hold public office
or the right of suffrage
 Except: When any or both such rights is or are
expressly restored by the terms of the pardon
2.
A pardon shall not exempt the culprit from the payment
of the civil indemnity.
3.
When the principal penalty is remitted by pardon, only
the effect of that principal penalty is extinguished, but
not the accessory penalties attached to it
 Except: when an absolute pardon is granted after
the term of imprisonment has expired, it removes all
that is left of the consequences of conviction
 Where the facts and circumstances of the case
already show that the purpose of the Chief
Executive is precisely to restore those rights
LIMITATIONS UPON THE EXERCISE OF THE PARDONING POWER
1. That the power can be exercised only after conviction
a. Pardon cannot be granted during an appeal;
unless appeal is withdrawn
b. Government must require proof (Certification
by trial court or appellate court) that there is no
appeal or he has withdrawn his appeal
c. Acceptance of a pardon shall not operate as
an abandonment or waiver of the appeal;
release of an accused by virtue of a pardon,
commutation of sentence or parole before the
withdrawal of an appeal shall render those
responsible administratively liable
2.
That such power
impeachment
does
PARDON BY CHIEF EXECUTIVE v
PARDON BY OFFENDED PARTY
Pardon by Chief Executive
Extinguishes
the
criminal
liability of the offender
Cannot include civil liability
which the offender must pay
Granted
only
after
convictions and may be
extended to any of the parties
Pardon by Offended Party
Does not extinguish the
criminal
liability
of
the
offender
May waive the civil liability
which the offender must pay
When allowed by law to
extinguish criminal liability,
should be given before the
institution
of
criminal
prosecution and must be
extended to both offenders
ARTICLE 37. Cost; What are included. - Costs shall include fees
and indemnities in the course of the judicial proceedings,
whether they be fixed or unalterable amounts previously
determined by law or regulations in force, or amounts not
subject to schedule.
Included in costs:
1. Fees, and
2. Indemnities, in the course of judicial proceedings
a)
Costs are chargeable to the accused in case of
conviction.
b)
In case of acquittal, the costs are de oficio, each party
bearing his own expenses.
c)
No costs shall be allowed against the Republic of the
Philippines, unless otherwise provided by law.
d)
Payment of costs rests upon the discretion of the court.
Government may request to assess cost against accused
but not as a right.
ARTICLE 38. Pecuniary liabilities; Order of payment. - In case the
property of the offender should not be sufficient for the payment
of all his pecuniary liabilities, the same shall be met in the
following order:
1.
The reparation of the damage caused.
2.
Indemnification of consequential damages.
3.
The fine.
4.
The cost of the proceedings.
PECUNIARY LIABILITIES OF PERSONS CRIMINALLY LIABLE.
►The order of payment is observed in case the property of the
offender is not sufficient for the payment of all his pecuniary
liabilities
1. Reparation of the damage cause
2. Indemnification of consequential damages
3. Fine
4. Cost of the proceedings
not extend to cases of
-
There is reparation in the crime of rape when the
dress of the woman was torn
Fines and indemnities imposed upon either husband
or wife may be enforced against the partnership
assets after the responsibilities enumerated in Art 161
of the Civil Code have been covered if the spouse
who is bound should have no exclusive property or if
it should be insufficient
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ARTICLE 39. Subsidiary Penalty. – If the convict has no property
with which to meet the fine mentioned in paragraph 3 of the
next preceding article, he shall be subject to a subsidiary
personal liability at the rate of one day for each amount
equivalent to the highest minimum wage rate prevailing in the
Philippines at the time of the rendition of judgment of conviction
by the trial court, subject to the following rules:
1.
2.
3.
If the principal penalty imposed be prision
correctional or arresto and fine, he shall remain under
confinement until his fine referred in the preceding
paragraph is satisfied, but his subsidiary imprisonment
shall not exceed one-third of the term of the sentence,
and in no case shall it continue for more than one
year, and no fraction or part of a day shall be counted
against the prisoner.
When the principal penalty imposed be only a fine,
the subsidiary imprisonment shall not exceed six
months, if the culprit shall have been prosecuted for a
grave or less grave felony, and shall not exceed
fifteen days, if for a fight felony.
When the principal penalty imposed is higher than
prision correctional, no subsidiary imprisonment shall
be imposed upon the culprit.
4.
If the principal penalty imposed is not to be executed
by confinement in a penal institution, but such penalty
is of fixed duration, the convict, during the period of
time established in the preceding rules, shall continue
to suffer the same deprivations as those of which the
principal penalty consists.
5.
The subsidiary personal liability which the convict may
have suffered by reason of his insolvency shall not
relieve him from the fine in case his financial
circumstances should improve."
(As amended by RA 10159)
SUBSIDIARY PERSONAL LIABILITY. To be suffered by the convict who
has no property with which to meet the fine, at the rate of one day
for each amount equivalent to the highest minimum wage rate
prevailing in the Philippines at the time of the rendition of judgment
of conviction by the trial court, subject to Art 39.
a)
There is no subsidiary penalty for non-payment of
pecuniary liabilities (reparation, indemnification, costs).
b)
A convict who has enough property to meet the fine and
not exempt from execution cannot choose to serve the
subsidiary penalty instead of paying for the fine. A fine
should not and cannot be reduced or converted into a
prison term.
c)
“principal” is not the correct translation of “cuando la
pena impuesta;” “when the penalty imposed” is
controlling
d)
When the court imposes a penalty which carries with it
other penalties, it must be understood that the accessory
penalties are also imposed upon the convict. Subsidiary
imprisonment is not an accessory penalty. Hence, the
culprit cannot be made to undergo subsidiary
imprisonment unless the judgment expressly so provides.
RULES AS TO SUBSIDIARY IMPRISONMENT
Circumstance
Subsidiary Imprisonment
When penalty imposed is No subsidiary imprisonment
higher
than
prision
correccional
(Prision
mayor,
reclusion
temporal, reclusion perpetua)
If the penalty imposed is
prision correccional or arresto
and fine
Not to exceed 1/3 of the term
of the sentence (but not more
than one year)*
Fraction or part of day is not
counted
Note: correctional penalty
shall not exceed P6,000.00;
hence maximum subsidiary
imprisonment is 12 days
If the penalty imposed is fine
only
•
If the culprit is
prosecuted
for
grave or less grave
felony
•
If prosecuted for
light felony
If the penalty imposed is not to
be executed by confinement,
but of fixed duration
(Not to exceed six months)*
(Not to exceed fifteen days)*
Convict shall suffer addition
period for the same penalty
(suspension, destierro) at the
rate of one day for every
highest minimum wage rate
Shall
consist
of
same
deprivations as those of the
principal penalty under the
same rules as above
In
case
the
financial
circumstances of the convict
should improve
He shall pay the fine
notwithstanding the subsidiary
imprisonment he had suffered
*finds no application since the maximum subsidiary penalty can
be computed using the maximum fine divided by the highest
minimum wage rate
NO SUBSIDIARY PENALTY
1. When the penalty imposed is higher than prision
correccional
2. For failure to pay the reparation of the damage caused,
indemnification of the consequential damages and the
costs of the proceedings
3. When the penalty imposed is fine and a penalty not to
be executed by confinement in a penal institution and
which has no fixed duration
►If the fine is less than the highest minimum wage rate (NCR),
there is no subsidiary imprisonment
►There is no subsidiary imprisonment for non-payment of income
tax.
►The additional penalty for habitual delinquency should be
included in determining whether or not subsidiary penalty should
be imposed.
►The penalty imposed by the Court, not the penalty provided by
the Code, should be considered in determining subsidiary penalty.
Penalty imposed by the court considered mitigating and
aggravating circumstances.
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►Where the penalty has no fixed duration (e.g. censure), there is
no subsidiary penalty.
►Subsidiary imprisonment if not imprisonment for debt. The laws
which prohibit imprisonment or debt relate to the imprisonment of
debtors for liability incurred in the fulfillment of contracts, but not
to the cases seeking enforcement of penal statutes that provide
for the payment of money as a penalty for the commission of the
crime.
►Subsidiary imprisonment can be imposed for violation of special
laws.
 Unless the special law provides that subsidiary
imprisonment shall not be imposed.
►Subsidiary imprisonment, like accessory penalties, is not essential
in the determination of the criminal jurisdiction of a court.
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SECTION THREE.
PENALTIES IN WHICH OTHER
ACCESSORY PENALTIES ARE INHERENT
N.B.: There is perpetual special
disqualification from suffrage, only
when the duration of the imprisonment
exceeds 18 months
ARTICLE 40. Death; Its accessory penalties. - The death penalty,
when it is not executed by reason of commutation or pardon
shall carry with it that of perpetual absolute disqualification and
that of civil interdiction during thirty years following the date
sentence, unless such accessory penalties have been
expressly remitted in the pardon.
ARTICLE 41. Reclusion perpetua and reclusion temporal; Their
accessory penalties. - The penalties of reclusion perpetua and
reclusion temporal shall carry with them that of civil interdiction
for life or during the period of the sentence as the case may be,
and that of perpetual absolute disqualification which the
offender shall suffer even though pardoned as to the principal
penalty, unless the same shall have been expressly remitted in
the pardon.
ARTICLE 42. Prision mayor; Its accessory penalties. - The penalty
of prision mayor, shall carry with it that of temporary absolute
disqualification and that of perpetual special disqualification
from the right of suffrage which the offender shall suffer although
pardoned as to the principal penalty, unless the same shall
have been expressly remitted in the pardon.
ARTICLE 43. Prision correccional; Its accessory penalties. - The
penalty of prision correccional shall carry with it that of
suspension from public office, from the right to follow a
profession or calling, and that of perpetual special
disqualification from the right of suffrage, if the duration of said
imprisonment shall exceed eighteen months. The offender shall
suffer the disqualification provided in the article although
pardoned as to the principal penalty, unless the same shall
have been expressly remitted in the pardon.
ARTICLE 44. Arresto; Its accessory penalties. - The penalty of
arresto shall carry with it that of suspension of the right too hold
office and the right of suffrage during the term of the sentence.
Principal Penalty
Death, when not
executed by reason
of commutation or
pardon
Accessory Penalty
Perpetual absolute disqualification
Civil interdiction for 30 years,
if not expressly remitted in the pardon
Reclusion perpetua
Reclusion temporal
Civil interdiction for life or during the
sentence
Arresto
Suspension of the right to hold office
and the right of suffrage during the term
of the sentence
Destierro
No accessory penalty
Death
None, for obvious reasons, except when
not
executed
by
reason
of
commutation or pardon
a)
Persons who served out the penalty may not have the
right to exercise the right of suffrage.
 Absolute pardon for any crime for which one year
imprisonment or more was meted out restores the
prisoner to his political rights.
 Where the penalty is less than one year,
disqualification does not attach, except when the
crime committed us one against property.
b)
Accessory penalties need not be expressly imposed. The
accessory penalties are understood to be always
imposed upon the offender by the mere fact that the law
fixes a certain penalty for a given crime.
c)
Accessory penalties do not determine jurisdiction. What
determines jurisdiction in criminal cases is the extent of
the principal penalty which the law imposes for the crime
charged in the information of complaint.
ARTICLE 45. Confiscation and forfeiture of the proceeds or
instruments of the crime. - Every penalty imposed for the
commission of a felony shall carry with it the forfeiture of the
proceeds of the crime and the instruments or tools with which it
was committed.
Such proceeds and instruments or tools shall be confiscated
and forfeited in favor of the Government, unless they be
property of a third person not liable for the offense, but those
articles which are not subject of lawful commerce shall be
destroyed.
1.
Perpetual absolute disqualification,
2.
unless expressly remitted in the pardon
of the principal penalty
Prision mayor
Unless expressly remitted in the pardon
of the principal penalty
Prision correccional
3.
Property of a third person not liable for the offense is not
subject to confiscation and forfeiture.
4.
Property not subject of lawful commerce (whether it
belongs to the accused or to third persons) shall be
destroyed.
Temporary absolute disqualification
Perpetual special disqualification from
suffrage
Suspension
from
profession or calling
public
office,
Perpetual special disqualification from
suffrage, if the duration of imprisonment
exceeds 18 months
Every penalty imposed carries with it the forfeiture of the
proceeds of the crime and the instruments or tools used
in the commission of the crime.
The proceeds and instruments or tools of the crime are
confiscated and forfeited in favor of the Government.
►There can be no forfeiture where there is no criminal case. A
penalty cannot be imposed unless there is a criminal case filed,
the case is tried and the accused is convicted.
►Confiscation can be ordered only if the property is:
1. Submitted in evidence, or
2. Placed at the disposal of the court
Unless expressly remitted in the pardon
of the principal penalty
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►Articles which are forfeited when the order of forfeiture is already
final cannot be returned even in case of an acquittal.
►Confiscation and forfeiture are additional penalties. Where the
penalty imposed did not include confiscation, the confiscation
sought by the government would be an additional penalty and
would amount to an increase in the penalty already imposed,
thereby placing the accused in double jeopardy.
 When the accused has appealed, confiscation and
forfeiture not ordered by the trial court may be imposed
by the appellate court.
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judgment and elevate the entire records of the case to
the Supreme Court for its final disposition.
CHAPTER FOUR
APPLICATION OF PENALTIES
SECTION ONE.
RULES FOR THE APPLICATION OF PENALTIES TO THE PERSONS
CRIMINALLY LIABLE AND FOR THE GRADUATION OF THE SAME
ARTICLE 46. Penalty to be imposed upon principals in general. The penalty prescribed by law for the commission of a felony
shall be imposed upon the principals in the commission of such
felony.
Whenever the law prescribes a penalty for a felony is general
terms, it shall be understood as applicable to the consummated
felony.
►(GR) The penalty prescribed by law in general terms shall be
imposed:
1. Upon the principals,
2. For consummated felony.

DEATH PENALTY
a) 1987 Constitution did not prohibit but merely suspended
the imposition of the death penalty
b) RA 7659 restored the death penalty for certain heinous
crimes; effective 31 Dec 1993
c) RA 9346 prohibited the imposition of the death penalty
and provided for the imposition of the penalty of
reclusion perpetua in lieu of death; enacted 24 June
2006
d)
e)
f)
DEATH PENALTY IS NOT IMPOSED IN THE FOLLOWING
CASES:
1. When the guilty person in below 18 years of age at
the time of the commission of the crime
2. When the guilty person is more than 70 years of age
3. When upon appeal or automatic review of the case
by the Supreme Court, the vote of eight members is
not obtained for the imposition of death penalty
g)
EXCEPTIONAL CASES, DEATH PENALTY NOT IMPOSED
1. People v Dela Cruz. Considering the circumstances
under which the offense was perpetrated in the light
of the deplorable conditions existing in the national
penitentiary,
death
penalty
is
believed
unwarranted.
2. People v Marcos. Appellant has already been
detained for eight years. Appellant obviously did not
fully realize the gravity of the crime he and his
companions were embarking upon. Death penalty
is inappropriate.
3. People v Santos. Because of the limited nature of
schooling and since the Ilongots considered the act
of clearing and working on a land they claim as
abuse and oppression, accused should not be dealt
with the severity (for killing former municipal mayor)
due to persons otherwise circumstance.
h)
CRIMES WHEREIN DEATH PENALTY IS IMPOSED
1. Treason
2. Piracy
3. Qualified piracy
4. Qualified bribery
5. Parricide
6. Murder
7. Infanticide
8. Kidnapping and serious illegal detention
9. Robbery with homicide
10. Destructive arson
11. Rape with homicide
12. Plunder
13. Certain violations of the Dangerous Drugs Act
14. Carnapping
i)
Death penalty must be imposed by the courts in all cases
in which it must be imposed under existing law
j)
The trial court must require the prosecution to present
evidence despite plea of guilty when the crime charged
is punished with death
Exception: When the penalty to be imposed upon the
principal in frustrated or attempted felony is fixed by law.
Graduation of penalties by degrees refers to:
1. Stages of execution (consummated, frustrated or
attempted), and
2. Degree if the criminal participation of the offender
(principal, accomplice or accessory)
Division of a divisible penalty into three periods considering
aggravating or mitigating circumstances:
1. Maximum
2. Medium
3. Minimum
ARTICLE 47. In what cases the death penalty shall not be
imposed; Automatic review of the Death Penalty Cases. - The
death penalty shall be imposed in all cases in which it must be
imposed under existing laws, except when the guilty person is
below eighteen (18) years of age at the time of the commission
of the crime or is more than seventy years of age or when upon
appeal or automatic review of the case by the Supreme Court,
the required majority vote is not obtained for the imposition of
the death penalty, in which cases the penalty shall be reclusion
perpetua.
In all cases where the death penalty is imposed by the trial
court, the records shall be forwarded to the Supreme Court for
automatic review and judgment by the Court en banc, within
twenty (20) days but not earlier than fifteen (15) days after
promulgation of the judgment or notice of denial of any motion
for new trial or reconsideration. The transcript shall also be
forwarded within ten (10) days from the filing thereof by the
stenographic reporter.
(As amended by RA 7659, Section 22)
a)
Majority vote of the Supreme Court (8 of 15 members) is
required for the imposition of the death penalty.
b)
While the constitution requires a mandatory review by
the Supreme Court of cases where the penalty imposed
is reclusion perpetua, life imprisonment, or death, it did
not prohibit an intermediate review. When such penalties
are imposed, these cases are to be reviewed by the
Court of Appeals before the case is elevated to the
Supreme Court. If CA affirms the penalty of reclusion
perpetua, life imprisonment or death, it could then
impose corresponding penalty, refrain from entering
Death penalty id imposed for social defense and as a
warning to others.
Death penalty is not excessive, unjust or cruel within the
meaning of the Constitution.
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k)
Since reclusion perpetua is now imposed in lieu of death,
there is a need to perfect an appeal.
d)
Article 266-B (RPC amended by RA 8353).
When the rape is attempted and a homicide is
committed by reason or on the occasion thereof, the
penalty shall be reclusion perpetua to death.
ARTICLE 48. Penalty for complex crimes. - When a single act
constitutes two or more grave or less grave felonies, or when an
offense is a necessary means for committing the other, the
penalty for the most serious crime shall be imposed, the same
to be applied in its maximum period.
(As amended by Act No. 4000)
A.
In complex crime, although two or more crimes are
actually committed, they constitute only one crime in the
eyes of the law as well as in the conscience of the
offender.
B.
Article 48 is intended to favor the culprit. The penalty of
the graver offense in its maximum period imposed in
complex crimes is lower that the aggregate penalties for
each offense if imposed separately.
C.
TWO KINDS OF COMPLEX CRIME
1. COMPOUND CRIME. When a single act constitutes
two or more grave or less grave felonies
2. COMPLEX CRIME PROPER. When an offense is a
necessary means for committing the other
Rape with homicide is a special complex crime not
covered by Article 48. Article 266-B shall apply.
When by reason or on the occasion of the rape,
homicide is committed, the penalty shall be death.
e)
When, for the attainment of a single purpose which
constitutes an offense, various acts are executed, such
acts must be considered only as one offense.
1. People v Lawas. When in obedience to an order,
several accused simultaneously shot many persons,
without evidence how many each killed. There is
only a single offense since there is a single criminal
impulse.
Ruling in Lawas case applies only when there is
no evidence at all to show the number of
persons killed by each of several defendants.
2.
People v Peñas citing People v De Los Santos. In two
riots that occurred in two successive days wherein
nine prisoners were killed, the 14 members of the
gang who took part in the killing were convicted of
multiple murder (complex crime) and not of nine
separate murders.
3.
People v Cu Unjieng. The falsification of 128
warehouse receipts which enabled the accused to
swindle the bank in the sum of P1,400,000.00 was
treated as one complex crime of estafa through
multiple falsification of mercantile documents.
COMPOUND CRIME. “When a single act constitutes two or more
grave or less grave felonies”
a)
b)
c)
REQUISITES, COMPOUND CRIME
1. That only a single act is performed by the offender
2. That the single act produces:
a. Two or more grave felonies;
b. One or more grave and one or more less grave
felonies; or
c. Two or more less grave felonies
Light felonies produced by the same act should be
treated and punished as separate offenses or may be
absorbed by the grave felony.
Several light felonies resulting from one single act
does not constitute a complex crim.
When the crime is committed by force or violence,
slight physical injuries are absorbed; slight physical
injuries are the necessary consequence of the force
or violence inherent in the crimes of direct assault
and rape
EXAMPLES, COMPOUND CRIME
1. People v Pama. The single act of Pama in firing a shot,
the same bullet causing the death of two persons
who were standing on the same line of the direction
of the bullet. [two homicides]
2. US v Andaya. The act of raping a girl, causing her (less
serious) physical injuries which required medical
attention for about 20 days. Lacerations in the girl’s
vagina were necessary to the commission of the
crime of rape
3. US v Montiel. Accused stabbed the justice of peace.
This is a crime of direct assault with serious physical
injuries.
4. People v Rillorta. Deceased was a barangay captain
while discharging his duties. The crime is homicide
with assault to a person in authority.
5. People v Lopez. The stabbing killed the victim and the
fetus. The crime is murder with abortion.
f)
The ruling in Lawas (single criminal impulse, same motive,
single purpose theory) is not applicable where there was
conspiracy to perpetuate the killings.
g)
People v Bersamin. When there is no evidence as to how
many wounds the victims received and it is within the
scope of possibility that they were killed by one and the
same missile, in the absence of showing that victims dies
from more than one bullet, the crime was classified as a
complex crime of double murder.
 People v Basarain. When the two victims each
received more than one bullet wound, they were
not close to each other when fired at, and their
bodies were found in different places, Bersamin
does not apply. It is presumed that victims were
killed by different shots Accused is liable for two
separate murders.
h)
There is no complex crime of arson with homicide under
Article 48. Article 320 as amended by RA 7659 provides
for single penalty.
Art. 320. Destructive Arson. If as a consequence of the
commission of any of the acts penalized under this
Article, death results, the mandatory penalty of death
shall be imposed
i)
Complex crime
negligence.
is
applicable
to
crimes
through
j)
People v Estoista. Theft of firearm and illegal possession of
the same firearm do not form a complex crime. They are
two distinct crimes.
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k)
Article 48 excludes crimes punishable by special laws.
(e.g. law punishing illegal possession of firearms; hence, it
cannot form part of a complex crime)
received the full amount. Two crimes: Falsification
and malversation.
i)
When the offender had in his possession the funds which
he misappropriated, the falsification of a public or official
document involving said funds is a separate offense.
 When the offender had to falsify a public or official
document to obtain possession of the funds which
he misappropriated, the falsification is a necessary
means to commit the malversation.
j)
There is no complex crime when one of the offense
penalized by a special law. Both crimes should be
punished separately where it appears that they are
punished under different statutes.
k)
Illegal possession of firearm is not a necessary means to
commit homicide. Two separate crimes; punished under
separate statutes.
l)
RA 8294: The use of an unlicensed firearm in murder or
homicide is now considered a special aggravating
circumstance (not as a separate crime) [People v
Castillo]
COMPLEX CRIME PROPER. “When an offense is a necessary means
for committing the other”
a)
b)
REQUISITES, COMPLEX CRIME PROPER
1. That at least two (2) offenses are committed
2. That one or some of the offenses must be necessary
to commit the other
3. That both or all of the offenses must be punished
under the same statute
EXAMPLES
1. People v Barbas. Falsification of a public document
by an accountable officer is an offense which is
necessary to commit malversation. Officer altered
supplicate of cedulas and collected money from
each of therm.
2. US v Hernandez. Simple seduction by means of
usurpation of official functions. XXX pretended to be
minister and solemnized a fictitious marriage in order
for AAA to seduce BBB.
3. People v Manguiat. The crime of forcible abduction
(taking a woman against hwe will with lewd designs)
was a necessary means for committing rape.
c)
The phrase “necessary
“indispensable means.”
means”
does
not
d)
In a complex crime, when the offender executes various
act, he must have a single purpose.
m) Illegal possession of firearm is absorbed in rebellion.
D.
There is no complex crime of rebellion with murder, arson,
robbery or other common crimes. Murder, arson, robbery
or other common crimes are absorbed by rebellion.
E.
A rebel who commits murder or other common offenses
in addition to rebellion for some independent or personal
motives may be prosecuted for such common offenses.
F.
When two crimes produced by a single act are
respectively within the exclusive jurisdiction of two courts
of different jurisdiction, the court of higher jurisdiction shall
try the complex crime.
G.
The accused who committed the offense by reckless
impudence, as a means to commit another offense, is
liable for his act only.
H.
People v Pacson. When the homicide, physical injuries
and burning of house are the result of single act of
negligence, there is only one penalty but there are tree
civil liabilities.
mean
e.g. People v Gallardo. Accused falsified the signature of
the remitter on the 17 money orders and presented them
to the post office for cashing on one occasion. There was
only one criminal intent. The 17 falsifications were
necessary to commit estafa.
 Gonzales v City Fiscal. If the person falsified 27
vouchers, not to commit estafa or malversation, he
is liable for 27 falsifications since they were not
executed for the attainment of a single purpose.
e)
When in the definition of a felony, one offense is a means
to commit the other, there is no complex crime.
f)
People v Bohos. After forcible abduction with rape was
consummated, subsequent acts of sexual intercourse are
separate acts of rape.
I.
When trespass to dwelling is a direct means to commit a
graver offense (rape, homicide, murder), there is no
complex crime. The trespass to dwelling shall be
considered as the aggravating circumstance of unlawful
entry.
When two felonies constituting a complex crime are
punishable by imprisonment and fine, respectively, only
the penalty of imprisonment should be imposed. (even if
fine is afflictive and imprisonment is correctional)
J.
Article 48 applies only to cases when the RPC does not
provide a definite specific penalty for a complex crime.
Article 48 does not apply when the law provides one
single penalty for special complex crimes.
K.
One information should be filed when a complex crime is
committed. When a complex crime is charged and one
offense is not proven, the accused can be convicted of
the other.
L.
Where the person kidnapped is killed in the course of the
detention, regardless of whether the killing was purposely
sought or was merely an afterthought, the kidnapping
and murder or homicide can no longer be complexed
under Art 48, nor be treated as separate crime, but shall
g)
h)
There is no complex crime when one offense is
committed to conceal the other.
1.
2.
People v Bersabal. After committing homicide, the
accused set fire to the house (arson) in order to
conceal the crime. No complex crime.
US v Geta. Postmaster misappropriated portion of
the telegraph money. He only returned a portion to
the complainant; then he forged signature of the
complaining to a receipt reciting that complainant
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be punished as a special complex crime under the last
paragraph of Art 267 as amended by RA 7659.
PLURALITY OF CRIMES. Consists in the successive execution by the
same individual of different criminal acts upon any of which no
conviction has yet been declared.
KINDS OF PLURALITY OF CRIMES
1. FORMAL/ IDEAL PLURALITY. Provided by Art 48; there is but
one criminal liability
a. When the offender commits any of the
complex crimes defined in Article 48
b. When the law specifically fixes a single penalty
for two or more offenses committed
c. When the offender commits continued crimes
2.
REAL/MATERIAL PLURALITY. There are different crimes in
law as well as in the conscience of the offender
PLURALITY v RECIDIVISM
Plurality
There is no conviction of any
of the crimes committed
Recidivism
There must be conviction by
final judgment of the first or
prior offense
CONTINUED/ CONTINUING CRIME. A single crime consisting of a
series of acts but all arising from one criminal resolution; a
continuous, unlawful act or series of acts set on foot by a single
impulse and operated by an unintermittent force, however long a
time it may occupy
a)
The series of acts born of a single criminal impulse may
be perpetrated during a long period of time.
b)
People v De Leon. A thief who takes from the yard of a
house two different game roosters belonging to two
different persons commits only one crime, for the reason
that there is a unity of thought in the criminal purpose of
the offender.
 People v Enguero. When accused committed
robbery on one house and proceeded to another
house where the second robbery was committed
and then to another house where the third robbery
was committed, the ruling in De Leon does not
apply. There are three separate robberies.
corresponding to the latter shall be imposed in its
maximum period.
2.
If the penalty prescribed for the felony committed be
lower than that corresponding to the one which the
accused intended to commit, the penalty for the
former shall be imposed in its maximum period.
3.
The rule established by the next preceding paragraph
shall not be applicable if the acts committed by the
guilty person shall also constitute an attempt or
frustration of another crime, if the law prescribes a
higher penalty for either of the latter offenses, in which
case the penalty provided for the attempted or the
frustrated crime shall be imposed in its maximum
period.
RULES, PENALTY TO BE IMPOSED WHEN THE CRIME COMMITTED IS
DIFFERENT FROM THAT INTENDED
Condition
Penalty
1. If the penalty for the felony The lower penalty shall be
committed be higher than imposed in its maximum
the penalty for the offense period
which the accused intended
to commit
2. If the penalty for the felony The lower penalty shall be
committed be lower that the imposed in its maximum
penalty for the offense which period
the accused intended to
commit
3. If the act committed also The penalty for the
constituted an attempt or attempted or frustrated
frustration of another crime, crime shall be imposed in
and the law prescribes a its maximum period
higher penalty for either of
the latter
a)
a.
b.
c.
b)
c)
d)
When two acts are deemed distinct from one another
although proceeding from the same criminal impulse,
there are two offenses. (e.g. slander and slight physical
injuries)
A continued crime is not a complex crime. The offender
in a continuous crime does not perform a single act, but
a series of acts.
TRANSITORY CRIME. A moving crime; when committed, the
criminal action may be instituted and tries in the court of the
municipality, city or province wherein any of the essential
ingredients thereof took place.
►Article 49 applies only when there is a mistake in the
identity of the victim of the crime (aberration ictus), and
the penalty for the crime committed is different from that
for the crime intended to be committed.
Aberratio ictus (mistake in blow). Apply Article 48
Error in personae (mistake in identity). Apply Article
49
Praeter intentionem. Apply Article 49
Article 49 is applicable only when the intended crme and
the crime actually committed are punished with different
penalties
ARTICLE 48 v ARTICLE 49
Article 48
Penalty for complex crimes
Imposes the penalty for the
more or most serious crime
In its maximum period
Article 49
Penalty to be imposed upon
the principals when the crime
committed is different from
that intended
Imposes the lesser penalty
In its maximum period
Article 49. Penalty to be imposed upon the principals when the
crime committed is different from that intended. - In cases in
which the felony committed is different from that which the
offender intended to commit, the following rules shall be
observed:
1.
If the penalty prescribed for the felony committed be
higher than that corresponding to the offense which
the accused intended to commit, the penalty
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ARTICLE 50. Penalty to be imposed upon principals of a
frustrated crime. - The penalty next lower in degree than that
prescribed by law for the consummated felony shall be
imposed upon the principal in a frustrated felony.
ARTICLE 51. Penalty to be imposed upon principals of attempted
crimes. - A penalty lower by two degrees than that prescribed
by law for the consummated felony shall be imposed upon the
principals in an attempt to commit a felony.
b)
The penalty for frustrated parricide, murder or homicide
may be two degrees lower; and the penalty for
attempted parricide, murder or homicide may be three
degrees lower.
c)
BASES FOR THE DETERMINATION OF THE EXTENT OF
PENALTY TO BE IMPOSED UNDER RPC
1. The stage reached by the crime in its development
(attempted, frustrated, consummated)
2. The participation therein of the persons liable
3. The aggravating or mitigating circumstances which
attended the commission of the crime
d)
DEGREE. Means one entire penalty, one whole penalty or
one unit of the penalties enumerated in the graduated
scales provided in Article 71.
e)
Where
there
are
mitigating
or
aggravating
circumstances, the penalty is lowered or increased by
period only, except when the penalty is divisible and
there are two or more mitigating and without
aggravating circumstances, in which case the penalty is
lowered by a degree.
f)
PERIOD. One of the three equal portions of a divisible
penalty; called minimum, medium and maximum
g)
A period of a divisible penalty, when prescribed by the
RPC as a penalty for a felony, is in itself a degree. e.g. Art
140. The penalty for the leader of a sedition is prision
mayor in its minimum period. It being a degree, the
penalty next lower than that penalty is prision
correccional in its maximum period.
ARTICLE 52. Penalty to be imposed upon accomplices in
consummated crime. - The penalty next lower in degree than
that prescribed by law for the consummated shall be imposed
upon the accomplices in the commission of a consummated
felony.
ARTICLE 53. Penalty to be imposed upon accessories to the
commission of a consummated felony. - The penalty lower by
two degrees than that prescribed by law for the consummated
felony shall be imposed upon the accessories to the
commission of a consummated felony.
ARTICLE 54. Penalty to imposed upon accomplices in a
frustrated crime. - The penalty next lower in degree than
prescribed by law for the frustrated felony shall be imposed
upon the accomplices in the commission of a frustrated felony.
ARTICLE 55. Penalty to be imposed upon accessories of a
frustrated crime. - The penalty lower by two degrees than that
prescribed by law for the frustrated felony shall be imposed
upon the accessories to the commission of a frustrated felony.
ARTICLE 56. Penalty to be imposed upon accomplices in an
attempted crime. - The penalty next lower in degree than that
prescribed by law for an attempt to commit a felony shall be
imposed upon the accomplices in an attempt to commit the
felony.
ARTICLE 57. Penalty to be imposed upon accessories of an
attempted crime. - The penalty lower by two degrees than that
prescribed by law for the attempted felony shall be imposed
upon the accessories to the attempt to commit a felony.
DIAGRAM OF THE APPLICATION OF ARTICLES 50-57
Consummated Frustrated
Attempted
Principals
0
1
2
Accomplices
1
2
3
Accessories
2
3
4
0 = penalty prescribed by law in defining a crime which is to be
imposed on the principal in a consummated felony
Other figures (1,2,3,4) = degrees to which the penalty must be
lowered
ARTICLE 71. GRADUATED SCALES
SCALE NO. 1
SCALE NO. 2
1. Death,
1. Perpetual
absolute
2. Reclusion perpetua,
disqualification,
3. Reclusion temporal,
2. Temporal
absolute
4. Prision mayor,
disqualification
5. Prision correccional,
3. Suspension from public
6. Arresto mayor,
office, the right to vote
7. Destierro,
and be voted for, the right
8. Arresto menor,
to follow a profession or
9. Public censure,
calling,
10. Fine.
4. Public censure,
5. Fine.
a)
►Article 50-57 shall not apply to cases where the law
expressly prescribes the penalty for a frustrated of
attempted felony, or to be imposed upon accomplices
or accessories
ARTICLE 58. Additional penalty to be imposed upon certain
accessories. - Those accessories falling within the terms of
paragraphs 3 of Article 19 of this Code who should act with
abuse of their public functions, shall suffer the additional
penalty of absolute perpetual disqualification if the principal
offender shall be guilty of a grave felony, and that of absolute
temporary disqualification if he shall be guilty of a less grave
felony.
►Public officers who help the author of a crime by misusing their
office and duties shall suffer the additional penalties of:
1. Absolute perpetual disqualification, if the principal
offender is guilty of a grave felony;
2. Absolute temporary disqualification, if the principal
offender is guilty of less grave felony
a)
b)
The accessories must be those falling within the term of
Art 19, par 3
The participation of the accessories must be
characterized by the misuse of public office or authority
so that the additional penalty be imposed.
ARTICLE 59. Penalty to be imposed in case of failure to commit
the crime because the means employed or the aims sought are
impossible. - When the person intending to commit an offense
has already performed the acts for the execution of the same
but nevertheless the crime was not produced by reason of the
fact that the act intended was by its nature one of impossible
accomplishment or because the means employed by such
person are essentially inadequate to produce the result desired
by him, the court, having in mind the social danger and the
degree of criminality shown by the offender, shall impose upon
him the penalty of arresto mayor or a fine from 200 to 500 pesos.
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►The penalty for impossible crime is arresto mayor or a fine
ranging from 200 to 500 pesos.
4.
When the penalty prescribed for the crime is
composed of several periods, corresponding to
different divisible penalties, the penalty next 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.
5.
When the law prescribes a penalty for a crime in some
manner not especially 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.
►Application of Article 59 is limited to those cases where the act
performed would be grave felonies or less grave felonies.
ARTICLE 60. Exception to the rules established in Articles 50 to
57. - The provisions contained in Articles 50 to 57, inclusive, of
this Code shall not be applicable to cases in which the law
expressly prescribes the penalty provided for a frustrated or
attempted felony, or to be imposed upon accomplices or
accessories.
►Articles 50 to 57 do not apply when the law expressly prescribes
the penalty for a frustrated or attempted felony or to be imposed
upon accomplices or accessories.
Cases when the RPC punishes the accomplice with the same
penalty imposed upon the principal
1. The ascendants, guardians, curators, teachers and any
person who by abuse of authority or confidential
relationship, shall cooperate as accomplices in the
crimes of rape, acts of lasciviousness, seduction,
corruption of minors, white slave trade or abduction (Art
364)
2. One who furnished the place for the perpetration of the
crime of slight illegal detention (Art 268)
Cases when accessories are punished with a penalty one degree
lower, instead of two degrees
1. Knowingly using counterfeited seal or forged signature or
stamp of the President (Art 162)
2. Illegal possession and use of false treasury or bank note
(Art 168)
3. Using a falsified document (Art 173, par 3)
4. Using a falsified dispatch (Art 173, par 2)
Article 61. Rules for graduating penalties. - For the purpose of
graduating the penalties which, according to the provisions of
Articles 50 to 57, inclusive, of this Code, are to be imposed upon
persons guilty as principals of any frustrated or attempted
felony, or as accomplices or accessories, the following rules
shall be observed:
1.
2.
3.
When the penalty prescribed for the felony is single
and indivisible, the penalty next lower in degrees shall
be that immediately following that indivisible penalty
in the respective graduated scale prescribed in Article
71 of this Code.
When the penalty prescribed for the crime is
composed of two indivisible penalties, or of one or
more divisible penalties to be impose 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.
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 periods of the
proper divisible penalty and the maximum period of
that immediately following in said respective
graduated scale.
a)
Article 61 provides the rules to be observed in lowering
the penalty by one or two degrees.
b)
The rules in Art 61 should also apply on determining the
minimum of an indeterminate penalty under the
Indeterminate Sentence Law
c)
The rules also apply in lowering the penalty by one or two
degrees by reason of the presence of privileged
mitigating circumstances, or when the penalty is divisible
and there are two or more mitigating circumstances
(generic) and no aggravating circumstances
d)
The lower penalty shall be taked from the graduated
scale in Article 71.
ARTICLE 71. GRADUATED SCALES
SCALE NO. 1
SCALE NO. 2
1. Death,*
1. Perpetual
absolute
2. Reclusion perpetua,*
disqualification,
3. Reclusion temporal,
2. Temporal
absolute
4. Prision mayor,
disqualification
5. Prision correccional,
3. Suspension from public
6. Arresto mayor,
office, the right to vote
7. Destierro,
and be voted for, the right
8. Arresto menor,
to follow a profession or
9. Public censure,*
calling,
10. Fine.
4. Public censure,
5. Fine.
*Indivisible Penalties
ILLUSTRATION OF THE RULES
First Rule.
WHEN THE PENALTY IS SINGLE AND INDIVISIBLE
-
Reclusion perpetua is single and indivisible.
The penalty next lower in degree is reclusion temporal.
Second Rule.
WHEN THE PENALTY IS COMPOSED OF TWO INDIVISIBLE PENALTIES
-
The penalty to parricide are reclusion perpetua and
death, two indivisible penalties.
The penalty immediately following the lesser of the
penalties is reclusion temporal.
WHEN THE PENALTY IS COMPOSED OF ONE OR MORE DIVISIBLE
PENALTIES TO BE IMPOSED TO THEIR FULL EXTENT
-
One divisible penalty to be imposed to its full extent is
reclusion temporal; and two divisible penalties to be
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-
imposed to their full extent are prision correccional to
prision mayor.
The penalty immediately following the divisible penalty of
reclusion temporal (Scale 1) is prision mayor; and the
penalty immediately following the lesser of the penalties
is arresto mayor.
Fifth Rule.
BY ANALOGY; NOT SPECIFICALLY PROVIDED FOR IN THE FOUR
PRECEDING RULES
WHEN THE PENALTY HAS TWO PERIODS
-
Third Rule.
WHEN THE PENALTY IS COMPOSED OF TWO INDIVISIBLE PENALTIES
AND THE MAXIMUM PERIOD OF A DIVISIBLE PENALTY
The penalty lower by one degree is formed by two
periods to be taken from the same penalty numerically
following the lesser of the penalties prescribed
Prision Correccional
-
-
The penalty or murder is reclusion temporal in its
maximum period to death. Reclusion perpetua which is
between reclusion temporal and death is included in the
penalty.
The penalty next lower is composed of the medium and
minimum periods of reclusion temporal and the
maximum period of prision mayor.
Prision Mayor
Penalty for the principal in
consummated felony
Maximum
Medium
Minimum
Maximum
Medium
Minimum
Penalty for accomplice;
or for principal in
frustrated felony
WHEN THE PENALTY IS COMPOSED OF ONE INDIVISIBLE PENALTY AND
THE MAXIMUM PERIOD OF A DIVISIBLE PENALTY
-
Reclusion temporal in its maximum period to reclusion
perpetua.
The same rule shall be observed in lowering the penalty.
Death
Reclusion Perpertua
Reclusion Temporal
Prision Mayor
Penalty for the principal in
consummated felony
Penalty for accomplice; or for
principal in frustrated felony
WHEN THE PENALTY HAS ONE PERIOD
-
Death
Reclusion Perpertua
Reclusion Temporal
Aresto Mayor
Maximum
Medium
Minimum
Maximum
Medium
Minimum
If the penalty is any one of the three periods of a divisible
penalty, the penalty next lower in degree shall be that
period next following the given penalty.
The penalty immediately inferior to prision mayor in its
maximum period is prision mayor in its medium period.
Prision Mayor
Maximum
Medium
Minimum
Principal, consummated
Penalty next lower
►Mitigating and aggravating circumstances are disregarded in
the application of the rules for graduating penalties. The penalty
prescribed in the RPC is the basis in lowering the penalty without
regard to mitigating and aggravating circumstances.
►It is only after the penalty next lower in degree is already
determined
that
the
mitigating
and/or
aggravating
circumstances should be considered.
Penalty for the principal in
consummated felony
Maximum
Medium
Minimum
Maximum
Medium
Minimum
Penalty for accomplice;
or for principal in
frustrated felony
Fourth Rule.
WHEN THE PENALTY IS COMPOSED OF SEVERAL PERIODS.
-
Several means consisting in more than two periods, or at
least three periods.
When the penalty is prision mayor in its medium period to
reclusion temporal in its minimum period.
Reclusion Temporal
Prision Mayor
Prision Correccional
Maximum
Medium
Minimum
Maximum
Medium
Minimum
Maximum
Medium
Minimum
Penalty for the principal in
consummated felony
Penalty for accomplice; or
for principal in frustrated
felony
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SECTION TWO.
RULES FOR THE APPLICATION OF PENALTIES WITH REGARD TO
THE MITIGATING AND AGGRAVATING CIRCUMSTANCES,
AND HABITUAL DELINQUENCY.
Art. 62. Effects of the attendance of mitigating or aggravating
circumstances and of habitual delinquency. - Mitigating or
aggravating circumstances and habitual delinquency shall be
taken into account for the purpose of diminishing or increasing
the penalty in conformity with the following rules:
1.
Aggravating circumstances which in themselves
constitute a crime specially punishable by law or
which are included by the law in defining a crime and
prescribing the penalty therefor shall not be taken into
account for the purpose of increasing the penalty.
1(a). When in the commission of the crime, advantage
was taken by the offender of his public position, the
penalty to be imposed shall be in its maximum
regardless of mitigating circumstances.
The maximum penalty shall be imposed if the
offense was committed by any group who belongs
to an organized/syndicated crime group.
An organized/syndicated crime group means a
group of two or more persons collaborating,
confederating or mutually helping one another for
purposes of gain in the commission of any crime.
2.
The same rule shall apply with respect to any
aggravating circumstances inherent in the crime to
such a degree that it must of necessity accompany
the commission thereof.
3.
Aggravating or mitigating circumstances which arise
from the moral attributes of the offender, or from his
private relations with the offended party, or from any
other personal cause, shall only serve to aggravate or
mitigate the liability of the principals, accomplices
and accessories as to whom such circumstances are
attendant.
4.
5.
The circumstances which consist in the material
execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate the
liability of those persons only who had knowledge of
them at the time of the execution of the act or their
cooperation therein.
Habitual delinquency shall have the following effects:
a)
b)
c)
Upon a third conviction the culprit shall be
sentenced to the penalty provided by law for the
last crime of which he be found guilty and to the
additional penalty of prision correccional in its
medium and maximum periods;
Upon a fourth conviction, the culprit shall be
sentenced to the penalty provided for the last
crime of which he be found guilty and to the
additional penalty of prision mayor in its minimum
and medium periods; and
Upon a fifth or additional conviction, the culprit
shall be sentenced to the penalty provided for the
last crime of which he be found guilty and to the
additional penalty of prision mayor in its
maximum period to reclusion temporal in its
minimum period.
Notwithstanding the provisions of this article, the total of the two
penalties to be imposed upon the offender, in conformity
herewith, shall in no case exceed 30 years.
For purposes of this article, a person shall be deemed to be a
habitual delinquent, if within a period of ten years from the date
of his release or last conviction of the crimes of serious or less
serious physical injuries, robo, hurto, estafa or falsification, he is
found guilty of any of said crimes a third time or oftener.
EFFECT OF AGGRAVATING AND MITIGATING CIRCUMSTANCES
AND HABITUAL DELINQUENCY
1. Aggravating circumstances (generic and specific) have
the effect of increasing the penalty, without exceeding
the maximum provided by law
2. Mitigating Circumstances have the effect of diminishing
the penalty
3. Habitual Delinquency has the effect not only of
increasing the penalty because of recidivism, which is
generally implied in habitual delinquency, but also of
imposing an additional penalty
PARAGRAPH 1
a) The following aggravating circumstances are not to be
taken into account to increase the penalty:
1. Those which in themselves constitute a crime
especially punished by law
e.g.
“by means of fire” is not considered in
arson
“derailment of a locomotive” is not
considered in damages and obstruction to
means of communication
2.
b)
Those which are included by the law in defining a
crime and prescribing the penalty therefor
e.g.
dwelling is not aggravating in robbery with
force upon things
abuse of confidence not aggravating in
qualified theft with grave abuse of
confidence
poison not aggravating in murder
The maximum of the penalty shall be imposed:
1. When in the commission of the crime, advantage
was taken by the offender of his public position; and
2. If the offense was committed by any person who
belongs to an organized/syndicated crime group
ORGANIZED/SYNDICATED CRIME GROUP. A group of
two or more persons collaborating or mutually
helping one another for purposes of gain in the
commission of any crime.
PARAGRAPH 2
c) Aggravating circumstances which are inherent in the
crime shall not be taken into account for the purpose of
increasing the penalty
e.g.
Evident premeditation is inherent to robbery and theft.
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PARAGRAPH 3
d) The following aggravating circumstances serve to
aggravate or mitigate the liability of the principals,
accomplices and accessories as to whom such
circumstances are attendant:
1. The moral attributes of the offender
2. From any other personal cause
e)
3.
convicted of any of the said crimes for the second
time; and
That after his conviction of, or after serving sentence
for, the second offense, he again committed, and
within 10 years from his last release or last conviction,
he was again convicted of any of said offenses, the
third time of oftener.
The rule applies even in conspiracy. The act of one is the
act of all, but not necessarily the crime of one is the crime
of all.
j)
The culprit shall be sentenced to the penalty provided by
law for the last crime of which he be found guilty, and he
will be declared a habitual delinquent and sentenced
with the additional penalty.
PARAGRAPH 4
f)
The following circumstances shall aggravate or mitigate
the liability of those persons who had knowledge of them
at the time of the execution of the act or their
cooperation therein:
1. In the material execution of the act, or
e.g.
treachery does not aggravate the crime of the
person who had no knowledge of the treachery
k)
ADDITIONAL PENALTY FOR HABITUAL DELINQUENCY
The culprit shall be sentenced to the penalty provided by
law for the last crime of which he is found guilty and to
the additional penalties
Frequency
Third conviction
Fourth conviction
Fifth or additional
conviction
treachery is not considered to the principal by
induction when he left to the principal by direct
participation the means, modes or methods of the
commission of the felony
2.
g)
PARAGRAPH 5
h) HABITUAL DELINQUENT.
1. when a person within a period of ten years from the
date of his last release or last conviction
2. of the crimes of
a. serious or less serious physical injuries,
b. robo/ robbery,
c. hurto/ theft,
d. estafa or
e. falsification,
3. he is found guilty of any of said crimes a third time or
oftener.
i)
Imposition of additional penalty is MANDATORY.
In the means employed to accomplish it
e.g.
Poison is not considered aggravating the toe
principal by induction who did not know that
principal by direct participation will use poison
CIRCUMSTANCES
RELATING
TO
THE
PERSONS
PARTICIPATING IN THE CRIME v
CIRCUMSTANCES CONSISTING IN THE MATERIAL
EXECUTION OR MEANS EMPLOYED
Circumstances relating
Circumstances
to the persons
consisting in the material
participating in the crime
execution or means
employed
Do not affect all the Affects
the
criminal
participants in the crime
liability
of
all
the
defendants who had
Only those to whom they knowledge thereof at the
particularly apply
time of the commission of
the
crime,
or
their
cooperation therein
REQUISITES, HABITUAL DELINQUENCY
1. That the offender had been convicted of any of the
crimes of serious or less serious physical injuries,
robbery, theft, estafa or falisification
2. That after that conviction or after serving his
sentence, he again committed, and within 10 years
from his release or first conviction, he was again
Additional Penalty
prision correccional in its
medium and maximum periods
Prision mayor in its minimum
and medium periods
Prision mayor in its minimum
period to reclusion perpetua in
its minimum period
People v De Jesus. Additional penalty is imposed in its
minimum, medium or maximum period according to the
number and nature of the modifying circumstances
present/
l)
The subsequent crime must be committed AFTER
CONVICTION of former crime.
m) The following must be alleged in the Information:
1. The dates of the commission of the previous crimes
2. The date of the last conviction or release
3. The dates of the other previous convictions or
releases
n)
o)
A plea of guilty to an information which fails to allege he
dates of commission of previous offenses, convictions
and releases is not an admission to habitual delinquency,
but only to recidivism.

The defect is cured when the accused did not
object to the admission of decisions fore previous
offenses which show the dates of his convictions.

If the preceding conviction is less than 10 years from
the date of conviction in the offense complained of,
the date of last release is not important, because the
release comes after conviction.
HABITUAL DELINQUENCY v RECIDIVISM
Habitual Delinquency
Recidivism
Crimes are specified: It is sufficient that the
serious or less serious accused, on the date of
physical
injuries, his trial shall have been
robbery, theft, estafa, previously convicted by
falsification
final judgment of another
crime embraced in the
same titled of the Code
The offender is found No
period
of
time
guilty of the crimes between
the
former
specified within 10 years conviction and the last
from his las release or last conviction
conviction
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Must be found guilty for
the third time of oftener
Additional penalty is
imposed
p)
Second conviction for an
offense is sufficient
If not offset by mitigating
circumstance, serves to
increase the penalty only
to the maximum
Convictions on the same day or about the same time are
considered only one.
e.g. March 3 and 5, 1934
ARTICLE 63. Rules for the Application of Indivisible Penalties. —
In all cases in which the law prescribes a single indivisible
penalty, it shall be applied by the courts regardless of any
mitigating or aggravating circumstances that may have
attended the commission of the deed.
In all cases in which the law prescribes a penalty composed of
two indivisible penalties, the following rules shall be observed in
the application thereof:
1.
Crimes committed on the same date, although
convictions are on different dates, are considered only
one.
When in the commission of the deed there is present
only one aggravating circumstance, the greater
penalty shall be applied.
2.
When there are neither mitigating nor aggravating
circumstances in the commission of the deed, the
lesser penalty shall be applied.
Previous convictions are considered in the imposition of
additional penalty every time a new offense is
committed.
3.
When the commission of the act is attended by some
mitigating circumstance and there is no aggravating
circumstance, the lesser penalty shall be applied.
s)
The commission of any of the specified crimes need not
be consummated.
4.
t)
Habitual delinquency applies to accomplices and
accessories.
u)
Crime committed during the minority of the offender
should not be considered for the purpose of treating him
a habitual delinquent.
When both mitigating and aggravating circumstances
attended the commission of the act, the courts shall
reasonably allow them to offset one another in
consideration of their number and importance, for the
purpose of applying the penalty in accordance with
the preceding rules, according to the result of such
compensation.
q)
r)
v)
A habitual delinquent is necessarily a recidivist.
Recidivism is imposed as an aggravating circumstance
to the principal penalty AND the additional penalty for
habitual delinquency is imposed.
 In imposing the additional penalty, recidivism is not
aggravating because it is inherent in habitual
delinquency.
(In case of habitual delinquency, recidivism is
aggravating with respect to the principal penalty;
but not aggravating with respect to the additional
penalty.)
w)
x)
A habitual delinquent may not always be a recidivist.
When no two of the crimes committed are embraced in
the same title of the RPC.
Crime against public Falsification
interest
Crime against property
Estafa, Robbery, Theft
Crime against person
Serious or less serious
physical injuries
The imposition of additional penalty for habitual
delinquency is constitutional. It is neither an ex post facto
law nor an additional punishment for former crimes.
OUTLINE OF THE RULES
1. When the penalty is single indivisible, it shall be applied
regardless
of
any
mitigating
or
aggravating
circumstances.
2. When the penalty is composed of two indivisible
penalties
a. When there is only one aggravating
circumstance, the greater penalty shall be
imposed
b. When there is neither mitigating nor
aggravating circumstances, the lesser penalty
shall be imposed
c. When there is a mitigating circumstance and
no aggravating circumstance, the lesser
penalty shall be imposed
d. When both mitigating and aggravating
circumstances are present, the court shall
allow them to offset one another
►ARTICLE 63 APPLIES ONLY WHEN THE PENALTY PRESCRIBED IS
EITHER ONE INDIVISIBLE OR TWO INDIVISIBLE PENALTIES.
e.g. Art 63 does not apply when penalty is reclusion temporal in its
maximum period to death. Such penalty has three periods:
minimum – reclusion temporal maximum, medium – reclusion
perpetua, and maximum – death. Art 64 shall apply.
a)
When the penalty is composed of two indivisible
penalties, the penalty cannot be lowered by one degree
no matter how many mitigating circumstances are
present.
 Exception.
When
a
privileged
mitigating
circumstance under Article 68 or Article 69 is present
b)
Moral value and not numerical weight of circumstances
should prevail in the offset of aggravating and mitigating
circumstances. (with reference to Art 63, par 4)
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ARTICLE 64. Rules for the Application of Penalties Which Contain
Three Periods. — In cases in which the penalties prescribed by
law contain three periods, whether it be a single divisible
penalty or composed of three different penalties, each one of
which forms a period in accordance with the provisions of
articles 76 and 77, the courts shall observe for the application of
the penalty the following rules, according to whether there are
or are not mitigating or aggravating circumstances:
As to period, according to the
number and nature of such
circumstance
The
two
mitigating
circumstances which reduced
the penalty by one degree lower
shall not be used in fixing the
period.
No penalty greater than the
maximum period of the penalty
prescribed by law shall be
imposed no matter how many
aggravating circumstances are
present
The court can determine the
extent of the penalty within the
limits of each period, according
to the number and nature of the
aggravating and mitigating
circumstances and the greater
or lesser extent of the evil
produced by the crime.
1. When there are neither aggravating nor mitigating
circumstances, they shall impose the penalty prescribed by law
in its medium period.
2. When only a mitigating circumstance is present in the
commission of the act, they shall impose the penalty in its
minimum period.
3. When only an aggravating circumstance is present in the
commission of the act, they shall impose the penalty in its
maximum period.
4. When both mitigating and aggravating circumstances are
present, the court shall reasonably offset those of one class
against the other according to their relative weight.
5. When there are two or more mitigating circumstances and no
aggravating circumstances are present, the court shall impose
the penalty next lower to that prescribed by law, in the period
that it may deem applicable, according to the number and
nature of such circumstances.
6. Whatever may be the number and nature of the aggravating
circumstances, the courts shall not impose a greater penalty
than that prescribed by law, in its maximum period.
7. Within the limits of each period, the courts shall determine the
extent of the penalty according to the number and nature of
the aggravating and mitigating circumstances and the greater
or lesser extent of the evil produced by the crime.
►ARTICLE 64 IS NOT APPLICABLE WHEN THE PENALTY IS INDIVISIBLE
OR PRESCRIBED BY SPECIAL LAW OR FINE.
Article 64 does not apply to
a. Indivisible penalties
b. Penalties prescribed by special laws, and
c. Fines.
INSTANCES
WHEN
MITIGATING
AND
AGGRAVATING
CIRCUMSTANCES NOT CONSIDERED IN THE IMPOSITION OF PENALTY
1. When the penalty is single and indivisible
2.
In felonies through negligence.
3.
The penalty to be imposed upon a Moro or other nonChristian inhabitants.
 Exception. Does not apply when the Moro has
lived in a Christian province for many years
►ARTICLE 64 APPLIES ONLY WHEN THE PENALTY HAS THREE PERIODS.
Hence, it applies when the penalty prescribed is:
1. Reclusion temporal
2. Prision mayor
3. Prision correccional
4. Arresto mayor
5. Arresto menor
6. Prision correccional
7. Reclusion temporal
a)
b)
When the law prescribed a single divisible penalty, it is
understood to be distributed in three equal parts, each
part (minimum, medium, maximum)
If the penalty is made-up of three different penalties,
each forms a period according to Art 77.
(e.g. prision correccional to reclusion perpetua; minimum
– prision correccional, medium – prision mayor, maximum
– reclusion temporal)
OUTLINE OF RULES IN ART 64
Circumstances attendant
No aggravating and no
mitigating
Only a mitigating
Only an aggravating
There are aggravating and
mitigating
Two or more mitigating, no
aggravating
Penalty imposed/ consequence
Medium period
Minimum period
Maximum period
Court shall offset
Penalty next lower
-
It lies in the discretion of the trial court,
irrespective of the attending circumstances.
NON-CHRISTIAN. Refers not only to religious
belief but in a way to geographical area and,
more particularly, directly to Philippine natives
of a low grade of civilization; extended to
Mountain Province
4.
When the penalty is only a fine imposed by an ordinance
5.
When the penalties are prescribed by special law
ARTICLE 65. Rule in Cases in Which the Penalty is Not Composed
of Three Periods. — In cases in which the penalty prescribed by
law is not composed of three periods, the courts shall apply the
rules contained in the foregoing articles, dividing into three
equal portions the time included in the penalty prescribed, and
forming one period of each of the three portions.
APPLYING ARTICLE 65
1. Compute and determine first the period of the entire
penalty.
2. The time included in the penalty prescribed should be
divided into three equal portions, after subtracting the
minimum (eliminate the 1 day) from the maximum of the
penalty
3. The minimum of the minimum period should be the
minimum of the given penalty (including the 1 day)
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4.
Add the quotient to the minimum…
Minimum of the
+ quotient
minimum
(-1da in
= minimum of
minimum)
the penalty
Maximum
of
+ 1 day
the minimum
Minimum of the
+ quotient
medium
(-1da in
minimum)
Maximum
of
+ 1 day
the medium
Minimum of the
+ quotient
maximum
(-1da in
minimum)
Maximum
of
the minimum
ARTICLE 66. Imposition of Fines. — In imposing fines the courts
may fix any amount within the limits established by law; in fixing
the amount in each case attention shall be given, not only to
the mitigating and aggravating circumstances, but more
particularly to the wealth or means of the culprit.
Minimum
of
the medium
Maximum
of
the medium
►The court can fix any amount of the fine within the limits
established by law.
Minimum
of
the maximum
Maximum
of
the maximum
= maximum of
the penalty
e.g. Prision mayor = six years and one day to twelve years
12 years – 6 years = 6 years
6 years / 3 periods = 2 years
6 years, 1 day
+ 2 years
8 years
(- 1day)
8 years, 1 day
+ 2 years
10 years
(- 1day)
10 years, 1 day
+ 2 years
12 year
(-1 day)
Minimum:
6 years, 1 day --- 8 years
Medium:
8 years, 1 day --- 10 years
Maximum:
10 years, 1 day --- 12 years
N.B. These rules were not followed in the computation of
the periods of Arresto Mayor in Article 76, which provides
Whole penalty:
Minimum:
Medium:
Maximum:
1 months, 1 day --- 6 months
1 month --- 2 months
2 months, 1 day --- 4 months
4 months, 1 day --- 6 months
EXAMPLE:
When the penalty is NOT COMPOSED OF THREE PERIODS
Penalty for infanticide is Prision Correccional in its medium and
maximum periods
Prision Correccional = 6 months, 1 day --- 6 years
6 years – 6 months = 5 years, 6 months
5 years, 6 months / 3 periods = 1 year, 10 months
6 months, 1 day
+ 1 year, 10
2 years,
months (-1day)
4 months
2 years,
+ 1 year, 10
4 years,
4 months, 1 day
months (-1day)
2 months
4 years,
+ 1 year, 10
6 years
2 months, 1 day
months (-1day)
For parricide: Prision correccional (med --- max) =
2 years, 4 months, 1 day --- 6 years
6 years – 2 years, 4 months = 3 years, 8 months
3 years, 8 months / 3 periods = 1 year, 2 months, 20 days
2 years,
+1year,
3 years,
4 months, 1 day
2 months,
6 months,
20 days (-1day)
20 days
3 years,
+1year,
4 years,
6 months,
2 months,
9 months,
21 days
20 days (-1day)
10 days
4 years,
+1year,
6 years,
9 months,
2 months,
11 days
20 days (-1day)
Minimum:
2yrs, 4mos, 1da --- 3yrs, 6mos, 20da
Medium:
3yrs, 6mos, 21da --- 4yrs, 9mos, 10da
Maximum:
4yrs, 9mos, 11da --- 6yrs
►The court must consider:
1. The mitigating and aggravating circumstances; and
2. More particularly, the wealth and means of the culprit.
The court may also consider other factors:
a. Gravity or seriousness of the crime
b. Heinousness of its perpetration
c. Magnitude of its effects on the victims
a)
When law does not fix the minimum of the fine, the
determination of the amount of the fine is left to the
discretion of the court provided it shall not exceed the
maximum.
b)
Fines are not divided into three equal portions.
c)
The position and standing of the accused is considered
aggravating in gambling; maximum penalty imposed.
ARTICLE 67. Penalty to Be Imposed When Not All the Requisites
of Exemption of the Fourth Circumstance of Article 12 are
Present.— When all the conditions required in circumstance
number 4 of article 12 of this Code to exempt from criminal
liability are not present, the penalty of arresto mayor in its
maximum period to prisión correccional in its minimum period
shall be imposed upon the culprit if he shall have been guilty of
a grave felony, and arresto mayor in its minimum and medium
periods, if of a less grave felony.
N.B.: Article 12 par 4 pertains to the exempting circumstance of
accident.
REQUISITES, ACCIDENT
1. That the act causing the injury be lawful, that is,
permitted not only by law but also by regulations
2. That it be performed with due care
3. That the injury be caused by mere accident, i.e. by an
unforeseen event
4. That there is no fault or intention to cause the injury
Reckless
Imprudence
Simple
Imprudence
Lacking all the requisites +
Act is executed without taking those
precautions or measures which the most
common prudence must require
Lacking all the requisites +
A mere lack of precaution in those cases
where either the threatened harm is not
imminent or the danger is not openly visible
N.B.: Article 365 and Article 67 provide the same penalties.
When the felony was committed with “incomplete accident”, the
penalties shall be:
If Grave Felony
arresto mayor, maximum --prision correccional, minimum
If Less Grave Felony
arresto mayor, minimum --arresto mayor, medium
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ARTICLE 68. Penalty to Be Imposed Upon a Person Under
Eighteen Years of Age. — When the offender is a minor under
eighteen years and his case is one coming under the provisions
of the paragraph next to the last of article 80 of this Code, the
following rules shall be observed:
1.
Upon a person under fifteen but over nine years of age,
who is not exempted from liability by reason of the
court having declared that he acted with discernment,
a discretionary penalty shall be imposed, but always
lower by two degrees at least than that prescribed by
law for the crime which he committed.
2.
Upon a person over fifteen and under eighteen years
of age the penalty next lower than that prescribed by
law shall be imposed, but always in the proper period.
b.
penalty to be imposed on the CICL is the penalty next
lower than that prescribed by law
►Exemption from criminal liability does not include exemption
from civil liability.
Parents shall be liable for damages unless they prove
that:
1. they were exercising reasonable supervision over
the child at the time the child committed the
offense and
2. exerted effort and utmost diligence to prevent or
discourage the child from committing another
offense
►The court may place the child on probation in lieu of service of
his sentence taking into account the best interest of the child.
N.B. Article 68 has been partly repealed by RA 9344
RA 10630. An act strengthening the Juvenile Justice System
Child above 12 Child who commits serious crimes* shall be
but under 16 deemed a neglected child
years of age
who
commits Mandatorily placed in a special facility
serious crimes*
within the youth care facility or “Bahay Pagasa”
Child above 12
but under 15
who
commits
another
offense**
Child commits an offense for the second
time or oftener** shall be deemed a
neglected child
ARTICLE 69. Penalty to Be Imposed When the Crime Committed
is Not Wholly Excusable. — A penalty lower by one or two
degrees than that prescribed by law shall be imposed if the
deed is not wholly excusable by reason of the lack of some of
the conditions required to justify the same or to exempt from
criminal liability in the several cases mentioned in articles 11
and 12, provided that the majority of such conditions be
present. The courts shall impose the penalty in the period which
may be deemed proper, in view of the number and nature of
the conditions of exemption present or lacking.
a)
Unlawful aggression is indispensable in self-defense,
defense of relatives and defense of stranger. In the
absence of unlawful aggression, convict is not entitled to
reduction.
a. People v Dorado. Two essential requisites for
justification were present (unlawful aggression
and lack of provocation). The penalty lower by
two degrees may be imposed.
b. People v Alvarez. When only unlawful
aggression is present, there can be no
reduction.
c. People v Cabellon. Where only unlawful
aggression is present, the penalty next lower
may be imposed. [contrary to the provision]
b)
Article 69 includes incomplete justifying and incomplete
exempting circumstances (Arts 11 and 12), provided that
majority of the conditions are present.
c)
The court has the discretion to impose one or two
degrees lower than the penalty prescribed by law. The
court must consider the number and nature of the
condtions of exemption or justification present or lacking.
d)
When the majority of the requisites of self-defense and
two mitigating without aggravating circumstances are
present, the penalty is three degrees lower.
Undergo intensive intervention program
supervised by the LSWDO
unless the best interest of the child requires
that he be placed in a “Bahay Pag-asa”;
parents or guardians shall execute a written
authorization for the voluntary commitment
of the child
Child under 15
years of age
Exempt from criminal liability
Immediately released to the custody of
parents or guardian, or nearest relative
Be subjected to a community-based
intervention
program
supervised
by
LSWDO,
unless the best interest of the child requires
referral to a “Bahay Pag-asa
Child above 15
but under 18
years of age
Exempt from criminal liability
If he acted with discernment, he shall be
subjected to diversion proceedings
*parricide, murder, infanticide, kidnapping and serious illegal
detention where the victim is raped, robbery with homicide or
rape, destructive arson, rape, carnapping where driver/occupant
is killed or raped, offenses under RA 9165(Dangeroys Drugs Act)
punishable by more than 12 years of imprisonments
** an offense for the second time or oftener who was previously
subjected to a community-based intervention program
►If the objective of the disposition measures imposed upon the
CICL has not been fulfilled, or if the CICL has willfully failed to
comply with the conditions of his disposition or rehabilitation
program:
a. the CICL shall be brought before the court for execution
of judgment,
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ARTICLE 70. Successive service of sentences. — When the culprit
has to serve two or more penalties, he shall serve them
simultaneously if the nature of the penalties will so permit;
otherwise, the following rules shall be observed:
d.
e.
f.
g.
h.
i.
j.
k.
In the imposition of the penalties, the order of their respective
severity shall be followed so that they may be executed
successively or as nearly as may be possible, should a pardon
have been granted as to the penalty or penalties first imposed,
or should they have been served out.
l.
For the purpose of applying the provisions of the next preceding
paragraph the respective severity of the penalties shall be
determined in accordance with the following scale:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Death,
Reclusion perpetua,
Reclusion temporal,
Prison mayor,
Prison correccional,
Arresto mayor,
Arresto menor,
Destierro,
Perpetual absolute disqualification,
Temporary absolute disqualification,
Suspension from public office, the right to vote and be
voted for, the right to follow profession or calling, and
12. Public censure.
Notwithstanding the provisions of the rule next preceding, the
maximum duration of the convict's sentence shall not be more
than threefold the length of time corresponding to the most
severe of the penalties imposed upon him. No other penalty to
which he may be liable shall be inflicted after the sum total of
those imposed equals the said maximum period.
a)
The order of the respective severity of the penalties shall
be followed so that they may be executed successively
in order of severity.
b)
Imprisonment must be served before destierro.
c)
THREE-FOLD RULE. The maximum duration of the convict’s
sentence shall not be more than three times the length
of the time corresponding to the most severe of the
penalties imposed upon him.
 Maximum period shall in no case exceed forty years
MS=most severe penalty; P=penalties
Conditions
Penalty imposed
3MS > 40 years
40 years (maximum)
3MS < 40 years,
3MS < ∑P
3MS (three fold rule)
3MS < ∑P
∑P (sum of penalties)
d)
The Three-Fold Rule is applied only when the convict has
to serve at least four sentences. [It would be
mathematically impossible that three times the longest
period be less than the sum of longest period with two
other shorter periods]
e)
All the penalties cannot exceed three-fold of the most
severe even if imposed for different crimes at different
times and under separate informations.
Such maximum period shall in no case exceed forty years.
In applying the provisions of this rule the duration of perpetual
penalties (pena perpetua) shall be computed at thirty years.
(As amended by Commonwealth Act 217, Section 2)
OUTLINE OF ARTICLE 70
1. When the culprit has to serve two or more penalties, he
shall serve them simultaneously if the nature of the
penalties will so permit.
PENALTIES THAT CAN BE SIMULTANEOUSLY SERVED
a. Perpetual absolute disqualification
b. Perpetual special disqualification
c. Temporary absolute disqualification
d. Temporary special disqualification
e. Suspension
f.
Destierro
g. Public censure
h. Fine and bond to keep the peace
i.
Civil interdiction, and
j.
Confiscation and payment of costs.
N.B.: The Rules of Court provides than an information must
not charge more than one offense.
f)
Exclude sentences that have already been served.
Duration of the convict’s sentence refers to several
penalties for different offenses not yet served.
g)
If the sentence is indeterminate, the maximum term is to
be considered as basis for the three fold rule.
h)
Subsidiary imprisonment forms part of the penalty;
imposed on top of the three fold of the most severe
penalty. The subsidiary imprisonment cannot be
eliminated so long as the principal penalty is not higher
than six years.
The above penalties, except destierro can be
served simultaneously with imprisonment.
Article 39. Par 3. When the principal penalty imposed is
higher than prison coreccional no subsidiary
imprisonment shall be imposed upon the culprit.
Penalties consisting of deprivation of liberty
cannot be served simultaneously.
2.
Otherwise, the order of their respective severity shall be
followed.
3.
The respective severity of the penalties is as follows:
a. Death,
b. Reclusion perpetua,
c. Reclusion temporal,
Prison mayor,
Prison correccional,
Arresto mayor,
Arresto menor,
Destierro,
Perpetual absolute disqualification,
Temporary absolute disqualification,
Suspension from public office, the right to vote and
be voted for, the right to follow profession or calling,
and
Public censure.
i)
Article 70 does not distinguish between principal penalty
and subsidiary penalties. Indemnity is considered a
penalty.
j)
The three-fold rule is applied not in the imposition of the
penalties, but in connection with the service of the
sentences imposed. The court must still impose all the
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penalties for all the crimes of which the accused is found
guilty.
k)
l)
The courts may impose multiple death sentence to serve
as an indelible badge of extreme criminal perversity.
1. If the President commutes multiple death penalty to
multiple life imprisonments, the convict has to serve
the maximum of 40 years.
2. If only one death penalty is commuted to life
imprisonment, the convict will serve a maximum of
30 years.
THREE DIFFERENT SYSTEMS OF PENALTY
1. Material Accumulation System. Established no
limitations; all the penalties for all the violations are
imposed even if they reached beyond the natural
span of human life
2.
3.
Juridical Accumulation System. Demonstrated in Art
70, pars 4-6; the service of several penalties imposed
on one and the same culprit is limited to not more
than three-fold the length of time corresponding to
the most severe and in no case to exceed 40 years
Absorption System. The lesser penalties are
absorbed by the graver penalties; observed in the
imposition of the penalty in complex crimes (Art 48),
continuing crimes and specific crimes
c)
Offenses penalized by destierro fall under the jurisdiction
of metropolitan and municipal courts. Destierro, even if
correctional, is not higher than arresto mayor.
N.B. MTC and MCTC, per Judiciary Reorganization Act,
shall exercise exclusive original jurisdiction over all
offenses punishable with imprisonment not exceeding six
years…
d)
Destierro is applied not only when it is specifically
imposed by law. Destierro may be imposed when it is the
penalty next lower and the circumstances require the
imposition of a penalty one degree lower.
Article 25
Penalties are
classified into
principal and
accessory
penalties.
Principal penalties
are subdivided
into capital,
afflictive,
correctional and
light.
ARTICLE. 71. Graduated scales. — In the cases in which the law
prescribes a penalty lower or higher by one or more degrees
than another given penalty, the rules prescribed in article 61
shall be observed in graduating such penalty.
The lower or higher penalty shall be taken from the graduated
scale in which is comprised the given penalty.
The courts, in applying such lower or higher penalty, shall
observe the following graduated scales:
SCALE No. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine.
Article 70
Penalties are
classified for the
purpose of
successive service
of sentence,
according to
severity.
Article 71
Provides for the
scales observed in
graduating
penalties by
degrees.
Destierro is placed
under arresto
menor
Destierro is placed
above arresto
menor
Destierro is
considered lighter
than arresto
menor
Destierrio
(correctional) is
higher than arresto
menor (light)
Speaks of lower or
higher penalties
ARTICLE 72. Preference in the Payment of the Civil Liabilities. —
The civil liabilities of a person found guilty of two or more
offenses shall be satisfied by following the chronological order
of the dates of the final judgments rendered against him,
beginning with the first in order of time.
a)
The article applies when the offender who is found guilty
of two or more offenses is required to pay the
corresponding civil liabilities resulting from different
offenses.
b)
The order of payment of civil liabilities is based on dates
of final judgments, not on the dates of commission of the
offense.
SCALE No. 2
1. Perpetual absolute disqualification,
2. Temporary absolute disqualification,
3. Suspension from public office, the right to vote and be
voted for, and the right to follow a profession or calling,
4. Public censure,
5. Fine.
a)
Death shall no longer form part of the equation in the
graduation of penalties, pursuant to RA 9346. The penalty
provided by law in lieu of death shall be used as a basis
in attaching penalties for accomplices and accessories,
and frustrated and attempted felonies.
b)
The penalty next lower to arresto mayor is destierro,
consistent with the scale of penalties in Art 71.
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SECTION THREE.
PROVISION COMMON TO THE LAST TWO PRECEDING SECTIONS.
ARTICLE 73. Presumption in Regard to the Imposition of
Accessory Penalties. — Whenever the courts shall impose a
penalty which, by provision of law, carries with it other penalties,
according to the provisions of articles 40, 41, 42, 43, 44, and 45
of this Code, it must be understood that the accessory penalties
are also imposed upon the convict.
a)
Accessory penalties are deemed imposed by the courts
without the necessity of making an express
pronouncement of their imposition
b)
Subsidiary imprisonment is not an accessory penalty. The
judgment of conviction must expressly state that the
offender shall suffer the subsidiary imprisonment in case
of insolvency.
ARTICLE 74. Penalty Higher Than Reclusión Perpetua in Certain
Cases. — In cases in which the law prescribes a penalty higher
than another given penalty, without specifically designating the
name of the former, if such higher penalty should be that of
death, the same penalty and the accessory penalties of Article
40, shall be considered as the next higher penalty.
a)
Death cannot be the penalty next higher in degree when
not provided by law. The given penalty and the
accessory penalties of death when not executed by
reason of commutation or pardon shall be imposed.
b)
Death must be specifically imposed by law as a penalty
for a given crime.
ARTICLE 75. Increasing or Reducing the Penalty of Fine by One
or More Degrees. — Whenever it may be necessary to increase
or reduce the penalty of fine by one or more degrees, it shall be
increased or reduced, respectively, for each degree, by onefourth of the maximum amount prescribed by law, without,
however, changing the minimum.
The same rules shall be observed with regard to fines that do not
consist of a fixed amount, but are made proportional.
a)
Fines are graduated into degrees for the accomplices
and accessories and for the principals in frustrated and
attempted felonies.
b)
The fine shall be increased or reduced, respectively, for
each degree, by one-fourth of the maximum amount
prescribed by law, without, however, changing the
minimum.
c)
EXAMPLE, REDUCING
Fine imposed
1/4 of maximum
One degree lower
Two degrees lower
P200.00 --- P2,000.00
P500.00
P200.00 --- P1,500.00
P200.00 ---P1,000.00
EXAMPLE, INCREASING
Fine imposed
1/4 of maximum
One degree higher
Two degrees higher
P200.00 --- P2,000.00
P500.00
P200.00 --- P2,500.00
P200.00 ---P3,000.00
The basis for the reduction of the first and second degree
must necessarily be the penalty prescribed by law for the
consummated felony.
d)
The court cannot change the minimum even if the
offender is a poor man. The article does not apply when
the law does not fix a minimum of the fine.
e)
When only the maximum of the fine is fixed, the
determination of the amount to be imposed is left to the
sound discretion of the courts, without exceeding the
maximum authorized by law.
f)
FINE WITH MINIMUM v FINE WITHOUT MINIMUM
Fine with minimum
Fine without minimum
The
law
fixes
the The
law
fixes
the
maximum of the fine
maximum of the fine
The
court
cannot The court can impose
change the minimum
any
amount
not
exceeding the maximum
Court can impose an Court cannot impose an
amount
higher
than amount higher than the
maximum
maximum
g)
As to fines that do not consist of a fixed amount, but are
made proportional
Minimum = value of the damage/bribe
Maximum = three times the minimum (value of damage
or bribe)
Example:
Direct bribery involving a bribe of P2,300.00.
Minimum
P2,300.00
Maximum
P6,900.00
Fine imposed
P2,300.00 – P6,900.00
1/4 of maximum
P1,725.00
One degree lower
P2,300.00 – P5,175.00
Two degrees lower
P2,300.00 – P3,450.00
ARTICLE 76. Legal Period of Duration of Divisible Penalties. — The
legal period of duration of divisible penalties shall be
considered as divided into three parts, forming three periods,
the minimum, the medium, and the maximum in the manner
shown in the following table:
a)
Article 76 shows the manner divisible penalties are
divided into three periods.
b)
When the penalty prescribed is any of the divisible
penalties enumerated in Article 25, its three periods,
except those in arresto mayor, are the three equal
portions of the divisible penalty.
c)
When the penalty is composed of three periods
corresponding to different divisible penalties, divide the
penalty into three equal parts. The duration of each of
the periods of the divisible penalties in Art 76 is not
controlling when the penalty prescribed is composed of
three periods corresponding to different divisible
penalties.
d)
The division of arresto mayor into three equal periods
does not follow the rule.
e)
PERIOD v DEGREE
Period
Each of the three equal
parts of a divisible
penalty
Degree
Diverse
penalies
mentioned by name in
the RPC
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ARTICLE 77. When the Penalty is a Complex One Composed of
Three Distinct Penalties. — In cases in which the law prescribes
a penalty composed of three distinct penalties, each one shall
form a period; the lightest of them shall be the minimum, the
next the medium, and the most severe the maximum period.
Whenever the penalty prescribed does not have one of the
forms specially provided for in this book, the periods shall be
distributed, applying by analogy the prescribed rules.
COMPLEX PENALTY. A penalty prescribed by law composed of
three distinct penalties, each forming a period; the lightest of them
shall be the minimum, the next the medium, and the most severe
the maximum period.
e.g. Reclusion temporal to death
Maximum --- Death
Medium --- Reclusion perpetua
Minimum --- Reclusion temporal
Prision mayor to death
Maximum --- Death
Medium --- Reclusion perpetua
Minimum --- Prision mayor and reclusion temporal
Reclusion temporal (medium) to reclusion perpetua
Maximum --- Reclusion perpetua
Medium --- Reclusion temporal (maximum)
Minimum --- Reclusion temporal (medium)
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ACT NO. 4103
(As Amended by Act No. 4225 and
Republic Act No. 4203 [June 19, 1965])
AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND
PAROLE FOR ALL PERSONS CONVICTED OF CERTAIN CRIMES BY
THE COURTS OF THE PHILIPPINE ISLANDS; TO CREATE A BOARD
OF INDETERMINATE SENTENCE AND TO PROVIDE FUNDS
THEREFOR; AND FOR OTHER PURPOSES.
SECTION 1. Hereafter, in imposing a prison sentence for an
offense punished by the Revised Penal Code, or its
amendments, the court shall sentence the accused to an
indeterminate sentence the maximum term of which shall be
that which, in view of the attending circumstances, could be
properly imposed under the rules of the said Code, and the
minimum which shall be within the range of the penalty next
lower to that prescribed by the Code for the offense; and if the
offense is punished by any other law, the court shall sentence
the accused to an indeterminate sentence, the maximum term
of which shall not exceed the maximum fixed by said law and
the minimum shall not be less than the minimum term prescribed
by the same.
SECTION 2. This Act shall not apply to persons convicted of
offenses punished with death penalty or life-imprisonment; to
those convicted of treason, conspiracy or proposal to commit
treason; to those convicted of misprision of treason, rebellion,
sedition or espionage; to those convicted of piracy; to those
who are habitual delinquents; to those who have escaped from
confinement or evaded sentence; to those who having been
granted conditional pardon by the Chief Executive shall have
violated the terms thereof; to those whose maximum term of
imprisonment does not exceed one year, not to those already
sentenced by final judgment at the time of approval of this Act,
except as provided in Section 5 hereof.
SECTION 3. There is hereby created a Board of Pardons and
Parole to be composed of the Secretary of Justice who shall be
its Chairman, and four members to be appointed by the
President, with the consent of the Commission on Appointments
who shall hold office for a term of six years: Provided, That one
member of the board shall be a trained sociologist, one a
clergyman or educator, one psychiatrist unless a trained
psychiatrist be employed by the board, and the other members
shall be persons qualified for such work by training and
experience. At least one member of the board shall be a
woman. Of the members of the present board, two shall be
designated by the President to continue until December thirty,
nineteen hundred and sixty-six and the other two shall continue
until December thirty, nineteen hundred and sixty-nine. In case
of any vacancy in the membership of the Board, a successor
may be appointed to serve only for the unexpired portion of the
term of the respective members.
SECTION 4. The Board of Pardons and Parole is authorized to
adopt such rules and regulations as may be necessary for
carrying out its functions and duties. The Board is empowered to
call upon any bureau, office, branch, subdivision, agency or
instrumentality of the Government for such assistance as it may
need in connection with the performance of its functions. A
majority of all the members shall constitute a quorum and a
majority vote shall be necessary to arrive at a decision. Any
dissent from the majority opinion shall be reduced to writing and
filed with the records of the proceedings. Each member of the
Board, including the Chairman and the Executive Officer, shall
be entitled to receive as compensation fifty pesos for each
meeting actually attended by him, notwithstanding the
provisions of Section two hundred and fifty-nine of the Revised
Administrative Code, and in addition thereto, reimbursement of
actual and necessary traveling expenses incurred in the
performance of duties: Provided, however, That the Board
meetings will not be more than three times a week.
SECTION 5. It shall be the duty of the Board of Indeterminate
Sentence to look into the physical, mental and moral record of
the prisoners who shall be eligible to parole and to determine
the proper time of release of such prisoners. Whenever any
prisoner shall have served the minimum penalty imposed on
him, and it shall appear to the Board of Indeterminate Sentence,
from the reports of the prisoner's work and conduct which may
be received in accordance with the rules and regulations
prescribed, and from the study and investigation made by the
Board itself, that such prisoner is fitted by his training for release,
that there is a reasonable probability that such prisoner will live
and remain at liberty without violating the law, and that such
release will not be incompatible with the welfare of society, said
Board of Indeterminate Sentence may, in its discretion, and in
accordance with the rules and regulations adopted hereunder,
authorize the release of such prisoner on parole, upon such
terms and conditions as are herein prescribed and as may be
prescribed by the Board. The said Board of Indeterminate
Sentence shall also examine the records and status of prisoners
who shall have been convicted of any offense other than those
named in Section 2 hereof, and have been sentenced for more
than one year by final judgment prior to the date on which this
Act shall take effect, and shall make recommendation in all
such cases to the Governor-General with regard to the parole
of such prisoners as they shall deem qualified for parole as
herein provided, after they shall have served a period of
imprisonment not less than the minimum period for which they
might have been sentenced under this Act for the same offense.
SECTION 6. Every prisoner released from confinement on parole
by virtue of this Act shall, at such times and in such manner as
may be required by the conditions of his parole, as may be
designated by the said Board for such purpose, report
personally to such government officials or other parole officers
hereafter appointed by the Board of Indeterminate Sentence for
a period of surveillance equivalent to the remaining portion of
the maximum sentence imposed upon him or until final release
and discharge by the Board of Indeterminate Sentence as
herein provided. The officials so designated shall keep such
records and make such reports and perform such other duties
hereunder as may be required by said Board. The limits of
residence of such paroled prisoner during his parole may be
fixed and from time to time changed by the said Board in its
discretion. If during the period of surveillance such paroled
prisoner shall show himself to be a law-abiding citizen and shall
not violate any of the laws of the Philippine Islands, the Board of
Indeterminate Sentence may issue a final certificate of release
in his favor, which shall entitle him to final release and
discharge.
SECTION 7. The Board shall file with the court which passed
judgment on the case, and with the Chief of Constabulary, a
certified copy of each order of conditional or final release and
discharge issued in accordance with the provisions of the next
preceding two sections.
SECTION 8. Whenever any prisoner released on parole by virtue
of this Act shall, during the period of surveillance, violate any of
the conditions of his parole, the Board of Indeterminate
Sentence may issue an order for his re-arrest which may be
served in any part of the Philippine Islands by any police officer.
In such case the prisoner so re-arrested shall serve the
remaining unexpired portion of the maximum sentence for
which he was originally committed to prison, unless the Board of
Indeterminate Sentence shall, in its discretion, grant a new
parole to the said prisoner.
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a)
The court must, instead of a single fixed penalty,
determine two penalties referred to as the minimum and
maximum.
b)
If the offense is punished by any other law, the court shall
sentence the accused to an indeterminate sentence,
1.
2.
the maximum term of which shall not exceed the
maximum fixed by said law, and
the minimum shall not be less than the minimum
term prescribed by the same.
EXAMPLE:
A is convicted of illegal possession of firearms
punishable by imprisonment from 1 year, 1 day to 5
years
Minimum
Maximum
not less than the not
exceed
the
minimum fixed by said maximum fixed by said
law
law
1 year, 1 day
5 years
2 years, 1 day
4 years
2 years, 1 day
3 years
3 years, 1 day
5 years
c)
EXAMPLE:
A is convicted for falsification penalized by prision
mayor. Here is one mitigating circumstance of plea
of guilty.
2.
the maximum term shall be that which could be
properly imposed under the rules of the RPC in view
of the attending circumstances, and
the minimum which shall be within the range of the
penalty next lower to that prescribed by the Code
for the offense
-
In determining the minimum term, it is left
entirely within the discretion of the court to fix.
-
The court cannot put the minimum penalty in
the same period and same degree as the
maximum penalty; the minimum should be
within the range of the penalty next lower
-
Penalty next lower is based on the penalty
prescribed by the Code without considering
the modifying circumstances
-
Mitigating or aggravating circumstances is
considered only on in the imposition of the
maximum term of the indeterminate sentence.
-
When there is a privileged mitigating
circumstance, so that the penalty has to be
lowered by one degree, the starting point for
determining the minimum term of the
indeterminate penalty is the penalty next lower
from that prescribed by the Code.
Maximum
imposed by RPC in
view of the attending
circumstances
Anywhere within the
range of Prision
correcccional
2 years, 1 day
3 years, 1 day
Prision mayor
(minimum)
3 years
5 years
EXAMPLES, INDETERMINATE PENALTY
BASED OF ARTICLES 48, 61, 64, 68, 69, ETC
1.
If offense is punished under the Revised Penal Code or its
amendments, the court shall sentence the accused to
an indeterminate sentence
1.
Minimum
within the range of the
penalty next lower; do
not consider attending
circumstances
When neither mitigating not aggravating circumstance
attended the commission of the crime
Crime
Homicide
Penalty
Reclusion Temporal
Mitigating
Aggravating
Minimum
Maximum
within the range of the penalty
next lower; do not consider
attending circumstances
imposed by RPC in view of the
attending circumstances
Anywhere within the
range of Prision mayor
Reclusion temporal
(medium)
Since no attending
circumstance
2.
When there is one ordinary mitigating circumstance
Crime
Homicide
Penalty
Reclusion Temporal
Mitigating
Plea of guilty
Aggravating
Minimum
Maximum
within the range of the penalty
next lower; do not consider
attending circumstances
imposed by RPC in view of the
attending circumstances
Anywhere within the
range of Prision mayor
Reclusion temporal
(minimum)
Because of mitigating
circumstance
3.
When there is only an aggravating circumstance
Crime
Homicide
Penalty
Reclusion Temporal
Mitigating
Aggravating Insult or in disregard of respect on
account of rank or age
Minimum
Maximum
within the range of the penalty
next lower; do not consider
attending circumstances
imposed by RPC in view of the
attending circumstances
Anywhere within the
range of Prision mayor
Reclusion temporal
(maximum)
Because of aggravating
circumstance
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4.
When
there
are
mitigating
and
aggravating
circumstances
Crime
Homicide
Penalty
Reclusion Temporal
Mitigating
Voluntary surrender, plea of guilty
Aggravating Nighttime
Minimum
Maximum
within the range of the penalty
next lower; do not consider
attending circumstances
imposed by RPC in view of the
attending circumstances
Anywhere within the
range of Prision mayor
Reclusion temporal
(minimum)
There will be an offset of
aggravating and mitigating
circumstances
5.
When crime committed is complex under Art 48
Crime
Complex Crime of frustrated
homicide with assault upon an
angent of a person in authority
Penalty
Reclusion Temporal
[but must be one degree lower since
frustrated: Prision mayor]
Mitigating
Aggravating
Minimum
Maximum
within the range of the penalty
next lower; do not consider
attending circumstances
imposed by RPC in view of the
attending circumstances
Prision correccional
(maximum)
Prision mayor
(maximum)
Because of Art 48, complex
crime
*in complex crimes, the penalty imposed is the penalty
provided for the most serious offense in its maximum
period
6.
When the penalty is next lower by two degrees than that
prescribed by law for the crime threatened and there is
one aggravating circumstance
Crime
Attempted homicide
Penalty
Reclusion Temporal
[but must be two degrees lower since
attempted: Prision mayor]
Mitigating
Aggravating Insult or in disregard of the respect on
account of rank or age
Minimum
Maximum
within the range of the penalty
next lower; do not consider
attending circumstances
imposed by RPC in view of the
attending circumstances
Anywhere within the
range of Arresto mayor
Prision correccional
(maximum)
Because of aggravating
circumstance
7.
When the accused is convicted of a complex crime and
there are two mitigating without any aggravating
circumstance
Crime
Estafa through falsification by a
public officer
Penalty
Prision mayor
Lowered by one degree
because of two mitigating
circumstances: Prision
correccional
To be imposed in maximum
since complex: Prision
correccional (maximum)
Mitigating
Voluntary surrender, plea of guilty
Aggravating
Minimum
Maximum
within the range of the penalty
next lower; do not consider
attending circumstances
imposed by RPC in view of the
attending circumstances
Anywhere within the
range of Arresto mayor
Prision correccional
(maximum)
One degree lower;
Complex Crime
►The penalty next lower should be determined without
regard as to whether the penalty imposed by RPC should
be applied in its maximum, medium or minimum period
due to circumstances modifying liability.

Exceptions
a. When the number of mitigating circumstances
is such as to entitle the accused to the penalty
next lower in degree, this penalty should be the
starting point for the determination of the
minimum of the indeterminate penalty.
b.
When there is a privileged mitigating
circumstance (e.g. minority), the penalty next
lower in degree should be the starting point in
determining the minimum of the indeterminate
penalty.
Proper method
a. Start from the penalty imposed by the RPC
(reclusion temporal)
b. Apply the privileged mitigating circumstance
and determine the penalty immediately inferior
in degree (minority, hence, prision mayor)
c. Apply the same in its maximum degree (prision
mayor, maximum)
d. But within the minimum range because of the
mitigating circumstance (minimum range of
prision mayor maximum)
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8.
When there are privileged mitigating and ordinary
mitigating circumstances
Crime
Murder
Penalty
Reclusion temporal (max) to death
Next lower in degree is
prision mayor (max) to
reclusion temporal (med)
-
Impose the lowest range
because of mitigating:
prision mayor (max)
Mitigating
Minor, plea of guilty
Aggravating
Minimum
Maximum
within the range of the penalty
next lower; do not consider
attending circumstances
imposed by RPC in view of the
attending circumstances
Prision correccional
(maximum)
to Prision mayor
(medium)
prision mayor
(maximum)
=
4 years, 2 months, 1 day
--- 10 years
Prision temporal maximum =
10 years, 1 day --- 12 years
Hence, the sentence imposed by the court which is from
5 to 10 years is within the limit of the penalty prescribed
by law.
9.
When there are two privileged mitigating and ordinary
mitigating circumstances
Crime
Homicide
Penalty
Reclusion temporal
Lower by two degrees
because of two privileged
MC: prision correccional
-
Mitigating
11. When there is incomplete defense with two ordinary MC
and without any AC
Crime
Homicide
Penalty
Reclusion temporal
Lower by two degrees
because of two privileged
MC: prision correccional
Impose the lowest range
because of ordinary MC:
prision correccional
(minimum)
Minority, incomplete self –defense,
voluntary surrender
Aggravating
Minimum
Maximum
within the range of the penalty
next lower; do not consider
attending circumstances
imposed by RPC in view of the
attending circumstances
Anywhere within the
range of Arresto mayor
prision correccional
(minimum)
10. When there is incomplete defense, without any ordinary
mitigating or aggravating circumstance
Crime
Homicide
Penalty
Reclusion temporal
Lower by two degrees
because of privileged MC:
prision correccional
-
Mitigating
Further reduced by another
degree because of two
ordinary MC: arresto mayor
Incomplete Self-defense,
Obfuscation, Voluntary Surrender
Aggravating
Minimum
Maximum
within the range of the penalty
next lower; do not consider
attending circumstances
imposed by RPC in view of the
attending circumstances
Arresto mayor
(medium)
Prision correccional
(medium)
12. When the penalty prescribed by RPC is reclusion
temporal (max) to death; and there are two or more MC
but no AC
Crime
Murder
Penalty
Reclusion temporal (maximum) to
death
Impose the next lower
penalty: prision mayor (max)
to reclusion temporal (med)
-
Impose the medium period
since MC were already
absorbed in lowering by
one degree: MEDIUM
PERIOD of prision mayor
(max) to reclusion temporal
(med)
Mitigating
Plea of guilty, voluntary surrender
Aggravating Treachery
Minimum
Maximum
within the range of the penalty
next lower; do not consider
attending circumstances
imposed by RPC in view of the
attending circumstances
Anywhere within the
range of Prision
correccional (maximum)
to prision mayor
(medium)
MEDIUM PERIOD of
prision mayor
(maximum)
to reclusion temporal
(medium)
13. When the crime committed is robbery in inhabited house,
and the penalty is to be lowered by one degree
Crime
Robbery in an inhabited house
Penalty
Reclusion temporal
Pursuant to Article 299*,
impose the penalty next
lower in its minimum: Prision
mayor (min)
Mitigating
Incomplete self-defense
Aggravating
Minimum
Maximum
Mitigating
Plea of guilty
Aggravating
Minimum
within the range of the penalty
next lower; do not consider
attending circumstances
within the range of the penalty
next lower; do not consider
attending circumstances
imposed by RPC in view of the
attending circumstances
Anywhere within the
range of Prision mayor
MEDIUM PERIOD of
Prision mayor (minimum)
imposed by RPC in view of the
attending circumstances
Arresto mayor
prision correccional
(medium)
(medium)
*Correlate with Article 69 (Penalty to be imposed when
the crime committed is not wholly excusable is one to
two degrees lower)
Maximum
*Article 299. When said offenders do not carry arms and
the value of the property taken does not exceed 250
pesos, they shall suffer the penalty next lower in degree,
in its minimum period.
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14. When applied to estafa
Article 315. If such amount exceeds P22,000.00, the
penalty (prisión correccional in its maximum period to
prisión mayor in its minimum period) provided in this
paragraph shall be imposed in its maximum period,
adding one year for each additional 10,000 pesos; but
the total penalty which may be imposed shall not
exceed twenty years.
Crime
Penalty
Estafa (exceeds P22,000)
Prision correccional (max) to prision
mayor (min)
Pursuant to Article 299*,
impose the penalty next
lower in its minimum: Prision
mayor (min)
Mitigating
Plea of guilty
Aggravating
Minimum
Maximum
within the range of the penalty
next lower; do not consider
attending circumstances
imposed by RPC in view of the
attending circumstances
Anywhere within the
range of Prision
correccional (minimum
to medium)
MAXIMUM PERIOD of
Prision correccional
(maximum) to prision
mayor (minimum)
f)
COMPUTING INCREMENTAL PENALTY
a. The amount defrauded shall be subtracted by
P22,000.00
b. The difference shall be divided by P10,000.00
c. Any fraction of a year shall be discarded (People v
Pabalan)
d)
If the application of the Indeterminate Sentence Law is
NOT FAVORABLE TO THE ACCUSED resulting to
lengthening his sentence, the law should not be applied.
e)
Indeterminate Sentence Law shall NOT APPLY to
1. persons convicted of offenses punished with death
penalty or life-imprisonment; (only when death is
imposed as the penalty by the court)
 if the offense is “punishable” by death but
death was not imposed (and another penalty
was imposed), ISLaw is applicable.
2.
those convicted of
a. treason, conspiracy or proposal to commit
treason;
b. misprision of treason, rebellion, sedition or
espionage;
c. piracy;
3.
those who are habitual delinquents;
 however, recidivists are entitled to ISLaw
4.
those who have escaped from confinement or
evaded sentence;
includes violating destierro
 does not include confinement which are not
considered imprisonment (e.g. Philippine
Training School for Boys, National Mental
Hospital)
5.
those who violated the terms of conditional pardon
granted to them by the Chief Executive;
g)
6.
those whose maximum term of imprisonment does
not exceed one year,
The application of the ISLaw is based on the
penalty actually imposed; (e.g. punishable by 6
months, 1 day to six years but court imposed
only six months, 1 day, then, ISLaw does not
apply)
7.
those who, upon the approval of the law (5
December 1933), had not been sentenced by final
judgment
8.
those sentenced to the penalty of destierro or
suspension.
ISLaw applies only to those punished with
imprisonment exceeding one year; there is no
imprisonment in destierro and suspension
REASONS FOR FIXING MINIMUM AND MAXIMUM
PENALTIES
1. Whenever any prisoner shall have served the
minimum penalty imposed on him, and it shall
appear to the Board of Indeterminate Sentence
that such prisoner is fitted for release, said Board
may authorize the release of such prisoner on
parole, upon such terms and conditions as may be
prescribed by the Board.
2.
Whenever such prisoner released on parole shall,
during the period of surveillance, violate any of the
conditions of his parole, the Board may issue an
order for his arrest. In such case, the prisoner is
rearrested and shall serve the unexpired portion of
the maximum sentence.
3.
Even if a prisoner has already served the minimum,
but he is not fitted for release on parole, he shall
continue to serve imprisonment undetil the end of
the maximum.
BOARD OF PARDONS AND PAROLE
1. Composition
a. Secretary of Justice who shall be its Chairman,
b.
four members to be appointed by the
President, with the consent of the Commission
on Appointments who shall hold office for a
term of six years:
1) one member of the board shall be a
trained sociologist,
2) one a clergyman or educator,
3) one
psychiatrist
unless
a
trained
psychiatrist be employed by the board,
and
4) other members shall be persons qualified
for such work by training and experience.
-
At least one member of the board shall be a
woman.
Of the members of the present board, two shall
be designated by the President to continue
until December 30, 1966 and the other two shall
continue until December 30, 1969. [three year
gap]
In case of any vacancy in the membership of
the Board, a successor may be appointed to
serve only for the unexpired portion of the term
of the respective members.
-
-
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2.
3.
h)
Powers
a. authorized to adopt such rules and regulations
as may be necessary for carrying out its
functions and duties;
b. empowered to call upon any bureau, office,
branch, subdivision, agency or instrumentality
of the Government for such assistance as it may
need in connection with the performance of its
functions.
Meetings & Decision Making
a. A majority of all the members shall constitute a
quorum
b. A majority vote shall be necessary to arrive at a
decision.
c. Any dissent from the majority opinion shall be
reduced to writing and filed with the records of
the proceedings.
d. The Board meetings will not be more than three
times a week.
BOARD OF INDETERMINATE SENTENCE
1. Look into the physical, mental and moral record of
the prisoners who shall be eligible to parole and to
determine the proper time of release of such
prisoners.
2.
May, in its discretion authorize the release of such
prisoner on parole,
a. whenever any prisoner shall have served the
minimum penalty imposed on him, and
b. it shall appear from the reports of the prisoner's
work and conduct and from the study and
investigation made by the Board:
that such prisoner is fitted by his training for
release,
that there is a reasonable probability that
such prisoner will live and remain at liberty
without violating the law, and
that such release will not be incompatible
with the welfare of society
c. upon such terms and conditions as are herein
prescribed and as may be prescribed by the
Board
3.
For purposes of recommending to the President the
parole of prisoners qualified for parole after they
serve a period of imprisonment not less than the
minimum period for which they might have been
sentenced under this Act for the same offense,
Board shall examine the records and status of
a. prisoners who shall have been convicted
of any offense other than those named in
Section 2
b. have been sentenced for more than one
year by final judgment prior to the
effectivity of the Act
.
RULES ON THE GRANT OF PAROLE
a. As may be required by the conditions of his
parole,
every
prisoner
released
from
confinement on parole shall report personally
to such government officials or other parole
officers appointed by the Board for a period of
surveillance equivalent to the remaining
portion of the maximum sentence imposed
upon him or until final release and discharge by
the Board.
4.
b.
The limits of residence of such paroled prisoner
during his parole may be fixed and from time to
time changed by the said Board in its discretion.
c.
If during the period of surveillance such paroled
prisoner shall show himself to be a law-abiding
citizen and shall not violate any of the laws, the
Board may issue a final certificate of release in
his favor, which shall entitle him to final release
and discharge.
d.
The Board shall file with the court which passed
judgment on the case, and with the Chief of
Constabulary, a certified copy of each order of
conditional or final release and discharge
issued in accordance with the provisions of the
next preceding two sections.
e.
Whenever any prisoner released on parole
shall, during the period of surveillance, violate
any of the conditions of his parole, the Board
may issue an order for his re-arrest. In such case,
the prisoner re-arrested shall serve the
remaining unexpired portion of the maximum
sentence for which he was originally committed
to prison, unless the Board shall grant a new
parole to the said prisoner.
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PRESIDENTIAL DECREE NO. 968,
AS AMENDED BY PRESIDENTIAL DECREE NO. 1257,
AND AS FURTHER AMENDED BY
BATAS PAMBANSA BLG. 76 AND
PRESIDENTIAL DECREE NO. 1990
h)
POST-SENTENCE INVESTIGATION
1. No person shall be placed on probation except
upon prior investigation by the probation officer and
a determination by the court that the ends of justice
and the best interest of the public as well as that of
the defendant will be served.
2. The probation officer must submit the investigation
report not later than 60 days and the court to resolve
the application for probation not later than 15 days
after the receipt of the report.
3. Pending submission of the investigation report and
the resolution of the petition, the defendant may be
allowed on temporary liberty
4. Defendant may be released on recognizance to the
custody of a responsible member of the community,
in case where:
a. No bail was filed
b. Defendant is incapable of filing a bail
i)
CRITERIA FOR PLACING AN OFFENDER IN PROBATION
1. All information relative to
a. Character
b. Antecedents
c. Environment
d. Mental condition and
e. Physical condiction of the offender, and
2. Available institutional and community resources.
j)
PROBATION SHALL BE DENIED IF
1. The offender is in need of correctional treatment that
can be provided most effectively by his
commitment to an institution, or
2. There is undue risk that during the period of
probation, the offender will commit another crime,
or
3. Probation will depreciate the seriousness of the
offense committed.
k)
OFFENDERS DISQUALIFIED FROM PROBATION
1. Those sentenced to serve a maximum term of
imprisonment of more than six (6) years
ESTABLISHING A PROBATION SYSTME, APPROPRIATING FUNDS
THEREFORE AND FOR OTHER PURPOSES
PROBATION is a disposition under which a defendant after
conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation officer.
PROBATIONER. A person placed on probation.
PROBATION OFFICER. One who investigates for the court a referral
for probation or supervises a probationer or both.
PROBATION LAW.
a. Applies to all offenders except those entitled to the
benefits under the provisions of PD 630 (Child and Youth
Welfare Code?) and similar laws
b.
PURPOSE
1. Promote the correction and rehabilitation of an
offender by providing him with individualized
treatment
2. Provide an opportunity for the reformation of a
penitent offender which might be less probable if
he were to serve a prison sentence, and
3. Prevent the commission of offenses.
SALIENT PROVISIONS
a) After conviction and upon application of the defendant,
within the period of perfecting and appeal, the court shall
suspend the execution of the sentence and place the
defendant on probation for such period.
 No application for probation shall be granted if
the defendant has perfected the appeal.
b)
c)
If the judgment of conviction imposing nonprobationable penalty is appealed and subsequently
modified into a probationable penalty, the defendant
shall be allowed to apply for probation based on the
modified decision before such decision becomes final.
1. The trial court shall suspend the execution of the
sentence imposed upon receipt of application for
probation.
2. Accused shall lose the benefit of probation should
he seek a review of the modified decision which
already imposes a probationable penalty.
Probation may be granted whether the sentence
imposes a term of imprisonment of fine only.
d)
An application for probation shall be filed with the trial
court.
e)
The filing of the application for probation shall be
deemed as waiver of the right to appeal.
f)
An order granting or denying probation shall not be
appealable.
g)
An order placing defendant on “probation” is not a
“sentence” but a suspension on the imposition of
sentence in effect. It is an “interlocutory judgment.”
l)
2.
Those convicted of any crime against the national
security
3.
Those who have previously been convicted by final
judgment of an offense punished by imprisonment
of more than six (6) months and one (1) day and/or
for more than one thousand pesos (Php1,00.00)
4.
Those who have been once on probation under the
provisions of this Decree
5.
Those who are already serving sentence at the time
the substantive provisions of this Decree became
applicable
CONDITIONS OF PROBATION
1. Mandatory Conditions
a. Present himself to the probation officer
designated to undertake his supervision at such
place as may be specified in the order within 72
hours from receipt of the order
b.
Report to the probation officer at least once a
month at such time and place as specified by
said officer
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2.
Special or Discretionary Conditions
a. Those enumerated in Section 10 of the
Probation Law; not inclusive
b. Should be realistic, purposive and geared help
the probationer develop into a law-abiding
and self-respecting individual
r)
TERMINATION OF PROBATION. After the period of
probation, the court may order the final discharge of the
probationer upon finding that he has fulfilled the terms
and conditions of his probation and thereupon, the case
is deemed terminated.
1.
Final discharge will restore to the probationer all civil
rights lost or suspended as a result of his conviction
and totally extinguish criminal liability as to the
offense the probation was granted.
 Extinction of criminal liability does not
necessarily extinguish the civil liability. The court
must hear the civil aspect.
2.
The expiration of the probation period does not
automatically terminate probation. There must first
be issued by the court an order of final discharge
based on the report and recommendation of the
probation officer.
N.B. The court may not impose as a condition
for the grant of probation that the probationer
should refrain from continuing her teaching
profession.
m) A probation order shall take effect upon its issuance.
n)
Accessory penalties are deemed suspended once
probation is granted.
o)
VIOLATION OF PROBATION ORDER
1. Circumstances
a. Upon the failure of probationer to comply with
any of the conditions prescribed in the
probation order, or
b. Upon his commission of another offense
2.
p)
q)
s)
The investigation report and supervision history shall be
privileged and shall not be disclosed directly or indirectly
except to:
1. The Probation Administration
2. The Court
3. The probationer or his attorney, in the discretion
of the court (whenever disclosure will be
desirable for the best interest of the
probationer)
4. Any government office or agency engaged in
the correction or rehabilitation of offenders, if
necessary
t)
PROBATION ADMINISTRATION
1. Under the Department of Justice
2. Exercise general supervision over all probationers
3. Headed by a Probation Administrator appointed by
the President who shall hold office during good
behavior and shall not be removed except for
cause
4. There is also an Assistant Probation Administrator
appointed by the President who shall assist the
Administrator
5. The Administration have regional offices headed by
Regional Probation Officers, and Provincial/City
Probation Officers
u)
VOLUNTEER PROBATION ASSISTANTS. Citizens of good
repute and probity who have the willingness, aptitude
and capability appointed by the Probation Administrator
to assist the Chief Probation and Parole Officers; shall not
receive any regular compensation aside from
transportation and meal allowances
Upon violation of the probation order, the
probationer shall serve the penalty imposed for the
offense under which he was placed for probation
PERIOD OF PROBATION
Sentence
Imprisonment of not
more than one (1) year
Imprisonment beyond
one (1) year
Fine only with subsidiary
imprisonments
Period of Probation
Not to exceed two (2)
years
Not to exceed six (6)
years
Not less than nor be
more than twice the
total number of days of
subsidiary imprisonment
(from x to 2x)
At any times during the probation, the court may issue a
warrant for the arrest of probationer for any serious
violation of the conditions of the probation. Once
arrested, he shall immediately be brought before the
court for hearing.
1. The violation of the conditions of probation must be
serious to justify the issuance of warrant of arrest.
2.
The defendant may be admitted to bail pending
hearing.
3.
The hearing is summary in nature, but the
probationer shall have the right to be informed of
the violation charged and to adduce evidence in
his favor.
4.
Court is not bound by technical rules of evidence.
5.
If the violation is established, the court may revoke
or continue his probation and modify its conditions.
6.
If revoked, the court shall order the probationer to
serve the sentence originally imposed.
7.
The order revoking the grant of probation or
modifying the terms and conditions thereof is not
appealable.
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SECTION 106
ADMINISTRATIVE CODE FOR
THE DEPARTMENT OF MINDANAO AND SULU
SECTION 106. Sentences upon Moros and Non-Christians. – In
pronouncing sentence upon a Moro or other non-Christian
inhabitants of the Department convicted of crime or
misdemeanor, the judge or justice may ignore any minimum
penalty provided by law for the offense, and may impose such
penalty not in excess of the highest penalty provided by law,
as, in his opinion, after taking into consideration all the
circumstances of the case, including the state of enlightenment
of the accused and the degree of moral turpitude which
attaches to the offense among his own people, will best
subserve the interest of justice. The judge or justice may also, in
his discretion at any time before the expiration of the period
allowed for appeal, suspend the execution of any penalty or
part thereof so imposed, subject to such conditions as he may
prescribe.
a)
Under Section 106, the court is granted discretion to
impose the proper penalty against Moros and other nonChristians without following a fixed rule.
b)
PERSONS COVERED
1. Moros
2. Other non-Christian inhabitants of Mindanao and
Sulu
3. Igorots (People v Cawol)
c)
FACTORS CONSIDERED BY THE COURT to justify the penalty
to be imposed that will best serve the interest of justice
1. Circumstances of the case
2. Degree of instruction
3. Nature of crime committed
d)
The application of Section 106 of the Administrative
Code of Mindanao and Sulu is discretionary to the court.
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CHAPTER FIVE
EXECUTION AND SERVICE OF PENALTIES
SECTION ONE
GENERAL PROVISIONS
ARTICLE 78. When and How a Penalty is to Be Executed. — No
penalty shall be executed except by virtue of a final judgment.
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.
In addition to the provisions of the law, the special regulations
prescribed for the government of the institutions in which the
penalties are to be suffered shall be observed with regard to the
character of the work to be performed, the time of its
performance, and other incidents connected therewith, the
relations of the convicts among themselves and other persons,
the relief which they may receive, and their diet.
The regulations shall make provision for the separation of the
sexes in different institutions, or at least into different
departments, and also for the correction and reform of the
convicts.
►Only penalty by final judgment can be executed.
 The accused may still appeal within 15 days from a
decisions promulgation.
 If the defendant has expressly waived in writing his
right to appeal, the judgment becomes final
immediately.
►If the judgment does not condemn the accused to suffer
subsidiary imprisonment in case of insolvency, the accused cannot
be required to suffer the same in case of inability to pay the fine
imposed.
ARTICLE 79. Suspension of the Execution and Service of the
Penalties in Case of Insanity. — When a convict shall become
insane or an imbecile after final sentence has been
pronounced, the execution of said sentence shall be
suspended only with regard to the personal penalty, the
provisions of the second paragraph of circumstance number 1
of article 12 being observed in the corresponding cases.
If at any time the convict shall recover his reason, his sentence
shall be executed, unless the penalty shall have prescribed in
accordance with the provisions of this Code.
The respective provisions of this section shall also be observed
if the insanity or imbecility occurs while the convict is serving his
sentence.
RULES REGARDING EXECUTION AND SERVICE
OF PENALTIES IN CASE OF INSANITY
1. When a convict becomes insane or imbecile after final
sentence has been pronounced, 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.
3. Even if while serving his sentence, the convict becomes
insane or imbecile, the above provision shall be
observed.
4. But the payment of his civil or pecuniary liabilities shall
not be suspended.
EFFECT OF TIME AN ACCUSED BECAME INSANE
Time of Becoming Insane
Effect
At the time of the Exempt from criminal liability
commission of the offense
At the time of trial
Proceedings are suspended and
is confined in a hospital until he
recovers his reason
At the time of final Execution of sentence shall be
judgment
suspended
with
regard
to
personal penalty only
While serving sentence
Execution of sentence shall be
suspended
with
regard
to
personal penalty only
ARTICLE 80.
Article 80 of the Revised Penal Code has been repealed by
Chapter III of PD 603 (The Child and Youth Welfare Code), and
RA 9344 (Juvenile Justice and Welfare Act of 2006), as amended
by RA 10630 (An Act Strengthening the Juvenile Justice System
in the Philippines).
CHILD. A person under eighteen (18) years
CHILD IN CONFLICT WITH THE LAW. A child who is alleged as,
accused of, or adjudged as, having committed an offense under
Philippine laws
►The exemption from criminal liability does not include exemption
from civil liability which shall be enforced in accordance with
existing laws.
►A child 15 years of age or under at the time of the commission
of the offense shall be exempt from criminal liability. The child shall
be:
1. immediately released to the custody of his/her parents or
guardian, or the child’s nearest relative, or
2. be subjected to a community-based intervention
program,
3. unless the best interest of the child requires the referral of
the child to a youth care facility or “Bahay Pag-asa.”
(i.e. if the child is dependent, abandoned, neglected or
abused by his/her parents)
a)
The minimum age for children committed to a youth care
facility or “Bahay Pag-asa” shall be twelve (12) years old.
b)
If the child 15 years and below has no parents or
guardians or if they refuse or fail to execute the written
authorization for voluntary commitments, the proper
petition for involuntary commitment shall be immediately
filed by the DSWD or LSWDO.
►A child above 15 years but below 18 years of age shall be
exempt from criminal liability and be subjected to an intervention
program,
 unless he/she acted with discernment, in which case,
such child shall be subjected to the diversion
proceedings.
DIVERSION PROGRAM FOR CHILDREN 15-18 Y/O
WHO ACTED WITH DISCERNMENT
Where
the
imposable
penalty is not more than six
year imprisonment
The law enforcement
officer or punong
barangay with the
assistance of the LSWDO
shall conduct mediation,
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family conferencing and
conciliation and, where
appropriate adopt modes
of conflict resolution in
accordance with the best
interest of the client.
The child and the family
shall be present in these
activities.
In victimless crimes where
the imposable penalty is
not more than six years
imprisonment
The LSWDO shall meet with
the child and his/her
parents or guardians for
the development of the
appropriate diversion and
rehabilitation program
Where
the
imposable
penalty for the crime
committed exceeds six
years imprisonment
Diversion measures may be
resorted to only by the
court
INSTANCES WHEN THERE IS NO DIVERSION
a. In such cases, the WCPD of the PNP or other law
enforcement officer handling the case shall, within
eight fays from the determination of absence of
jurisdiction over the case or termination of the
diversion proceedings, forward the records of the
case to the prosecutor or judge for the conduct of
inquest and/or preliminary investigation to
determine whether or not the child should remain
under custody and correspondingly charged in
court
b.
c.
d.
The prosecutor shall conduct a preliminary
investigation (and there is no diversion) when:
1) When the CICL does not qualify for diversion;
2) When the child, his//her parents or guardian
does not agree to diversion; and
3) When considering the assessment and
recommendation of the LSWDO, the prosecutor
determines that diversion is not appropriate for
the CICL
The information against the CICL shall be filed before
the Family Court within 45 days from the start of the
preliminary investigation. The information must
allege that the child acted with discernment.
Once the child under 18 years of age at the time of
the commission of the offense is found guilty of the
offense charged, the court shall determine and
ascertain any civil liability which may have resulted
from the offense committed.
e.
Instead of pronouncing the judgment of conviction,
the court shall place the CICL under suspended
sentence without need for application, provided
however that the suspension of the sentence shall
be applied even if the juvenile is already 18 years of
age or more at the time of pronouncement of guilt.
f.
Suspension of the sentence lasts only until the CICL
reaches 21 years of age.
g.
The law should extend even to an offender who
exceeded the age limit of 21 years, so long as he
committed the crime when he was under 18 years.
The age of the child at the time of the promulgation
h.
of the judgment of conviction is not material. He shall
be entitled to the right of restoration, rehabilitation
and reintegration.
The automatic suspension of sentence applies to a
CICL found guilty of HEINOUS CRIME.
►Child detained during trial may be released on bail or
recognizance. In all other cases and whenever possible, detention
pending trial shall be replaced by alternative measures (i.e. close
supervision, intensive care or placement with a family or in an
educational setting or home)
 Institutionalization or detention of the child pending trial
shall be used only as a measure of last resort and for the
shortest possible period of time.
A child must always be detained in youth detention
homes established by local governments in the city
or municipality where the child resides.
In the absence of youth detention home, the CICL
may be committed to the care of the DSWD or local
rehabilitation center recognized by government in
the province, city or municipality within the
jurisdiction of the court
►Upon recommendation of the social worker who has custody of
the child, the court shall dismiss the case against the child and shall
order the final discharge of the child if it finds that the objective of
the disposition measures have been fulfilled.
►The CICL shall be brought before the court for execution of
judgment if:
1. The court finds that the objective of the disposition
measures imposed upon the CICL have not been fulfilled,
or
2. The CICL has willfully failed to comply with the conditions
of his disposition or rehabilitation program
If said CICL has reached 18 years of age while under
suspended sentence, the court shall determine whether
to discharged the child, or extend the suspended
sentence for a certain specified period or until the child
reaches the maximum age of 21 years.
a)
The CICL shall be credited in the service of his sentence
with the full time spend in actual commitment and
detention.
b)
The court may place the CICL on probation in lieu of
service of his sentence taking into account the best
interest of the child.
►The expenses for the care and maintenance of a CICL under
institutional care shall be borne by the parents or those persons
liable to support the child.
 In case the parents of those persons liable to support him
cannot pay all or part of said expenses:
1. 1/3 of said expenses shall be shouldered by the
municipality where the offense was committed, 1/3
shall be paid by the province to which the
municipality belongs, and 1/3 shall be borne by the
national government
2.
Chartered cities shall pay 2/3 of said expenses.
 In case chartered cities cannot pay said
expenses, part of the IRA applicable to the
unpaid portion shall be withheld and applied
to the settlement of said obligations
3.
In the event that the CICL is not a resident of the
municipality/city where the offense was committed,
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the court may require the city/municipality where
the CICL resides to shoulder the cost
►A CICL may, after conviction and upon order of the court, be
made to serve his sentence in an agricultural camp and other
training facilities that may be established and controlled by the
Bureau of Corrections in coordination with DSWD.
►The parents shall be liable for damages
 Unless they prove that they were exercising reasonable
supervision over the child at the time the child committed
the offense and exerted reasonable effort and utmost
diligence to prevent or discourage the child from
committing another offense
a)
The penalty prescribed by law for the crime committed
by a child shall be imposed against:
1. Any person who makes use, takes advantage of, or
profits from the use of children in the commission of
a crime
2. Any person who abuses his authority over the child
or who takes advantage of the vulnerabilities of the
child and shall induce, threaten or instigate the
commission of the crime with abuse of confidence
b)
PD 603. Art 204. The fine not exceeding five hundred
pesos or imprisonment for a period not exceeding two
years, or both shall be imposed against a person whether
the parent or guardian of the child or not, who knowingly
or willfully:
1. Aids, causes, abets or connives with the commission
by a child of a delinquency, or
2. Does any act producing, promoting, or contributing
to a child’s being or becoming a juvenile delinquent
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SECTION TWO
EXECUTION OF PRINCIPAL PENALTIES
ARTICLE 81. When and how the death penalty is to be executed.
– The death sentence shall be executed with preference to any
other penalty and shall consist in putting the person under the
sentence to death by lethal injection. The death sentence shall
be executed under the authority of the Director of the Bureau of
Corrections, endeavoring so far as possible to mitigate the
sufferings of the person under the sentence during the lethal
injection as well as during the proceedings prior to the
execution.
The Director of the Bureau of Corrections shall take steps to
ensure that the lethal injection to be administered is sufficient to
cause the instantaneous death of the convict.
Pursuant to this, all personnel involved in the administration of
lethal injection shall be trained prior to the performance of such
task.
The authorized physician of the Bureau of Corrections, after
thorough examination, shall officially make a pronouncement
of the convict's death and shall certify thereto in the records of
the Bureau of Corrections.
The death sentence shall be carried out not earlier than one (1)
year nor later than eighteen (18) months after the judgment has
become final and executory without prejudice to the exercise
by the President of his executive clemency powers at all times.
(as amended by RA 7659 and RA 8177)
►RA 9346 EXPRESSLY REPEALED RA 8177 WHICH PRESCRIBED LETHAL
INJECTION. In view of the enactment of RA 9364, the death penalty
may not be imposed. Thus, Articles 81085 of the RPC have no
application.
a)
RA 8177. Approved on 20 march 1996 provides that
death sentence shall be executed by means of lethal
injection; prior to that, it was done by electrocution
b)
The death sentence shall be carried out not earlier than
one year nor later than 18 months after the judgment
becomes final and executory without prejudice to the
exercise of the President of his executive clemency
powers.
ARTICLE 82. Notification and Execution of the Sentence and
Assistance to the Culprit. — The court shall designate a working
day for the execution, but not the hour thereof; and such
designation shall not be communicated to the offender before
sunrise of said day, and the execution shall not take place until
after the expiration of at least eight hours following the
notification, but before sunset. During the interval between the
notification and the execution, the culprit shall, in so far as
possible, be furnished such assistance as he may request in
order to be attended in his last moments by priests or ministers
of the religion he professes and to consult lawyers, as well as in
order to make a will and confer with members of his family or
persons in charge of the management of his business, of the
administration of his property, or of the care of his descendants.
a)
A convict shall have the right to consult a lawyer and to
make a will for the disposition of his property.
b)
If convict was sentenced to death, he may dispose of his
properties by an act or conveyance inter vivos since if he
will be put to death subsequently, he will not be suffering
civil interdiction at the time he executed the act or
conveyance.

If the death penalty was not executed by
reason of commutation or pardon, the validity
of the act or conveyance inter vivos may be
assailed.
ARTICLE 83. Suspension of the execution of the death sentence.
- The death sentence shall not be inflicted upon a woman while
she is pregnant or within one (1) year after delivery, nor upon
any person over seventy years of age. In this last case, the
death sentence shall be commuted to the penalty of reclusion
perpetua with the accessory penalties provided in Article 40.
In all cases where the death sentence has become final, the
records of the case shall be forwarded immediately by the
Supreme Court to the Office of the President for possible
exercise of the pardoning power.
(as mended by RA 7659)
WHEN DEATH SENTENCE IS SUSPENDED
Death sentence shall be suspended when the accused is:
1. Woman, while pregnant;
2. Woman, within one year after delivery;
3. Person over 70 years of age
In order to give the President time to commute the
sentence into reclusion perpetua
4. Convict who becomes insane after final sentence of
death has been pronounced
 When he recovers his reason and before the penalty
has prescribed, he may be put to death
ARTICLE 83 v ARTICLE 47
Article 83
Provides for suspension only of
the execution of death
sentence
1. Over 70 years old
2. Pregnant woman and
within one year after
delivery
3. Insane
Article 47
Provides for cases in which
death penalty is not to be
imposed
1. Over than 70 years old
2. Majority vote is not
obtained in the Supreme
Court upon appeal
3. Minor under 18 years
►The RTC can suspend execution of death sentence after
judgment has become final. But the court cannot grant indefinite,
permanent or conditional suspension of the execution of
sentences pronounced in criminal cases.
►In all cases where the death sentence has become final, the
records of the case shall be forwarded to the Office of the
President for possible exercise of the pardoning power.
ARTICLE 84. Place of Execution and Persons Who May Witness
the Same. — The execution shall take place in the penitentiary
of Bilibid in a space closed to the public view and shall be
witnessed only by the priests assisting the offender and by his
lawyers and by his relatives, not exceeding six, if he so request,
by the physician and the necessary personnel of the penal
establishment, and by such persons as the Director of Prisons
may authorized.
►The execution shall take place in the penitentiary or Bilibid in a
space closed to the public view.
PERSONS WHO MAY WITNESS EXECTION
1. Priest assisting the offender
2. Offender’s lawyers
3. Offender’s relatives, not exceeding six, if requested
4. Physician
5. Necessary personnel of penal establishment
 A person below 18 years may not be allowed to witness
execution.
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ARTICLE 85. Provision Relative to the Corpse of the Person
Executed and Its Burial. — Unless claimed by his family, the
corpse of the culprit shall, upon the completion of the legal
proceedings subsequent to the execution, be turned over to the
institute of learning or scientific research first applying for it, for
the purpose of study and investigation, provided that such
institute shall take charge of the decent burial of the remains.
Otherwise, the Director of Prisons shall order the burial of the
body of the culprit at government expense, granting permission
to be present thereat to the members of the family of the culprit
and the friends of the latter. In no case shall the burial of the
body of a person sentenced to death be held with pomp.
Where the corpse of the culprit goes (in order)
1. claimed by his family
2. be turned over to the institute of learning or scientific
research first applying for it, for the purpose of study and
investigation, provided that such institute shall take
charge of the decent burial of the remains
3. the Director of Prisons shall order the burial of the body of
the culprit at government expense, granting permission
to be present thereat to the members of the family of the
culprit and the friends of the latter.
►In no case shall the burial of the body of a person sentenced to
death be held with pomp.
Penalized under Article 153
ARTICLE 86. Reclusión Perpetua, Reclusión Temporal, Prisión
Mayor, Prisión Correccional and Arresto Mayor. — The penalties
of reclusión perpetua, reclusión temporal, prisión mayor, prisión
correccional, and arresto mayor, shall be executed and served
in the places and penal establishments provided by the
Administrative Code in force or which may be provided by law
in the future.
ARTICLE 87. Destierro. — Any person sentenced to destierro shall
not be permitted to enter the place or places designated in the
sentence, nor within the radius therein specified, which shall be
not more than 250 and not less than 25 kilometers from the
place designated.
WHEN DESTIERRO IS IMPOSED
1. When death or serious physical injuries is caused or are
inflicted under exceptional circumstances (Art 247)
2. When a person fails to give bond for good behavior
3. As a penalty for the concubine in the crime of
concubinage
4. When after lowering the penalty by degrees and
destierro is the proper penalty
►Entering the prohibition are is considered evasion of the
sentence.
ARTICLE 88. Arresto Menor. — The penalty of arresto menor shall
be served in the municipal jail, or in the house of the defendant
himself under the surveillance of an officer of the law, when the
court so provides in its decision, taking into consideration the
health of the offender and other reasons which may seem
satisfactory to it.
►The penalty of arresto menor shall be served:
1. In the municipal jail, or
2. in the house of the defendant himself
(Conditions :)
a. under the surveillance of an officer of the law,
b. when the court so provides in its decision,
c. taking into consideration the health of the offender
and other reasons which may seem satisfactory to
it
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TITLE FOUR
EXTINCTION OF CRIMINAL LIABILITY
CHAPTER ONE
TOTAL EXTINCTION OF CRIMINAL LIABILITY
ARTICLE 89. How Criminal Liability is Totally Extinguished. —
Criminal liability is totally extinguished:
1.
By the death of the convict, as to the personal
penalties; and as to pecuniary penalties, liability
therefor 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.
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 article 344 of this Code.
►Extinction of criminal liability does not necessarily mean that civil
liability is also extinguished.
1.
By the death of the convict, as to the personal penalties; and
as to pecuniary penalties, liability therefor is extinguished only
when the death of the offender occurs before final judgment.
a)
b)
c)
The death of a convict, whether before or after
judgment, extinguishes criminal liability.
Death also extinguishes pecuniary penalties only
when death of the offender occurs before final
judgment.
Civil liability exists only when the accused is convicted by
final judgment. Hence, as to pecuniary penalties:
1) Death before final judgment extinguishes pecuniary
penalties
2) Death after final judgment does not extinguish
pecuniary penalties
The right of an offended party to file a separate civil
action is not lost by prescription when the accused dies
pending appeal.
f)
Death of the offended party does not extinguish the
criminal liability of the offender.
By service of the sentence.
a)
3.
4.
Death of an accused pending appeal of his conviction
extinguishes his criminal liability as well as the civil liability
based solely on the offense committed.


The claim for civil liability based on law may also be
made
e.g. in physical injuries, Art 33 of the Civil Code
establishes a civil action for damages on account of
physical injuries, entirely separate and distinct from
the criminal action.
Claim for civil liability based on contract may also be
made
e.g. in estafa, when the civil liability springs neither
solely nor originally from the crime itself but from a
civil contract of purchase and sale
Service of sentence does not extinguish the civil liability.
By amnesty, which completely extinguishes the penalty and
all its effects.
a)
AMNESTY. It is the act of the sovereign power granting
oblivion or a general pardon for a past offense, and is
rarely, if ever exercised in favor of a single individual, and
is usually exerted in behalf of certain classes of persons,
who are subject to trial but have not yet been convicted
b)
Amnesty completely extinguishes the penalty and all its
effects.
 Amnesty does not extinguish the civil liability of the
offender.
c)
Amnesty may be granted after conviction.
By absolute pardon.
a)
PARDON. It is an act of grace proceeding from the power
entrusted with the execution of the laws which exempts
the individual on whom it is bestowed from the
punishment the law inflicts for the crime he has
committed.
b)
KINDS OF PARDON
1) Absolute Pardon
2) Conditional Pardon.
c)
Delivery is an indispensable requisite. The pardon must be
accepted by the grantee, otherwise, it may be revoked
by the authority which granted it.
d)
In Adultery: If the President pardons the married woman,
the pardon does not extinguish the liability of the male
adulterer. But if it is the spouse giving the pardon, both his
wife and the male adulterer must be pardoned.
e)
In Evasion of Sentence. One convicted of murder and
who evaded sentence and subsequently, was pardoned
by the President for murder, is still liable for evasion of the
service of sentence.
FINAL JUDGMENT. Judgment beyond recall.
A judgment in a criminal case becomes final after the
lapse of the period for perfecting and appeal or when
the sentence has been partially or totally satisfied or
served, or the defendant has expressly waived in writing
his right to appeal.
d)
2.
e)
AMNESTY v PARDON
Amnesty
Blanket pardon to classes of
persons or communities who
may be guilty of political
offenses
May be exercised even
before trial
Looks
backward
and
abolishes and obliterates the
offense with which he is
charged
the person released by
amnesty stands before the
law precisely as though he
had committed no offense
Pardon
Includes any crime and is
exercised individually by the
President
Exercised after conviction
Looks forward and relieves the
offender
from
the
consequences of an offense
of which he has been
convicted
Does not work the restoration
of the rights to hold public
office or the right of suffrage,
unless such rights be expressly
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restored by the terms of the
pardon
Makes an ex-convict
longer a recidivist
no
A public act being a
Proclamation by the President
concurred by Congress
Does not alter the fact that
the accused is a recidivist
A private act of the President
Must be pleased and proved
by the person pardoned
Courts should take judicial
notice
Does not
liability
5.
b)
Does not
liability
extinguish
civil
By prescription, the State of the People loses the right to
prosecute the crime or to demand the service of the
penalty imposed.
PRESCRIPTION OF THE CRIME. The forfeiture or loss of the
right of the State to prosecute the offender after the
lapse of a certain time
By prescription of the penalty.
a)
7.
civil
By prescription of the crime.
a)
6.
extinguish
When the penalty fixed by law is a compound one, the highest
penalty shall be made the basis of the application of the rules
contained in the first, second and third paragraphs of this
article.
(as amended by RA 4661)
TWO CONDITIONS NECESSARY IN PRESCRIPTION OF
PENALTY
1) That there be final judgment
2) That the period of time prescribed by law for its
enforcement has elapsed
By the marriage of the offended woman, as provided in article
344 of this Code.
Crime
Punishable by death, reclusion perpetua or
reclusion temporal
Punishable by other afflictive penalties
Punishable by correctional penalty, except
arresto mayor (includes destierro)
Punishable by Arresto mayor
Libel or other similar offense
Oral defamation and slander
Light offenses
Penalty fixed by law is compound
Prescription
Twenty years
Fine
Afflictive (more than P6,000.00)
Correctional (P200.00 – P6,000.00)
Light (less than P200.00)
Prescription
15 years
10 years
2 months
Fifteen years
Ten years
Five years
One year
Six months
Two months
Prescription for
the
highest
penalty
a)
The provision of RA 4661 which reduces the prescriptive
period of the crime of libel or other similar offenses from
two years to one year, shall not apply to cases of libel
already filed in court at the time of its approval (18 June
1966).
b)
In computing the period of prescription, the first day is to
be excluded and the last day included.
c)
Where the last day of the prescriptive period for filing an
information falls on a Sunday or legal holiday, the
information can no longer be filed on the next day as the
crime has already prescribed.
a)
Applicable in the crimes of rape, seduction, abduction
or acts of lasciviousness
b)
The marriage must be contracted by the offender in
good faith. Hence, marriage contracted only to avoid
criminal liability is devoid of legal effects.
d)
Distinction should be made between simple and grave
slander.
1. Simple slander prescribes in two months
2. Grave slander prescribed in six months
Final Discharge of Probationer
a) The final discharge of probationer shall operate to restore
to him all civil rights lost or suspended as a result of his
conviction as to totally extinguish his criminal liability as to
the offence for which probation was granted.
e)
Crimes punishable by arresto menor or a fine not
exceeding P200.00 prescribe in two months (60 days).
f)
When the penalty is a compound one, the highest
penalty is the basis for the application of Art 90.
ARTICLE 90. Prescription of crimes.— Crimes punishable by
death, reclusion perpetua or reclusion temporal shall prescribe
in twenty years.1avvphi1
e.g.
compound penalty: arresto mayor (maximum) to prision
correccional (minimum); prision correccional is the basis,
prescription is ten years
Crimes punishable by other afflictive penalties shall prescribe in
fifteen years.
penalty is arresto mayor and fine (P15,000-45,000;
afflictive; the fine will be the basis
Those punishable by a correctional penalty shall prescribe in
ten years; with the exception of those punishable by arresto
mayor, which shall prescribe in five years.
The crime of libel or other similar offenses shall prescribe in one
year.
The offenses of oral defamation and slander by deed shall
prescribe in six months.
g)
PRESCRIPTIVE PERIOD OF OFFENSES PUNISHED UNDER
SPECIAL LAWS AND MUNICIPAL ORDINANCES
Act No. 3326 amending Act No. 3763
Offense punished by
Prescription
Only a fine or imprisonment for not 1 year
more than 1 month, or both
prescribe after 1 year
Imprisonment for more than 1 month 4 years
but less than 2 years
Light offenses prescribe in two months.
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Imprisonment for 2 years or more but
less than 6 years
Imprisonment f for 6 years or more
Under Internal Revenue Law
Municipal ordinances
Regulations
or
conditions
of
certificate of convenience by the
Public Service Commission

h)
8 years
4.
12 years
5 years
2 months
2 months
The period of prescription of continuing crimes
cannot begin to run because there could be no
termination of continuity and the crime does
not end.
5.
Prescriptive period runs when the crime is
discovered by:
a. The offended party
b. The authorities
c. Their agents
*list is exclusive
6.
The prescriptive period was interrupted by the
preliminary investigation conducted by the
municipal mayor/president (because justice of
peace was absent) but accused could not be
arrested because he was hiding
Not applicable where the special law provides for its
own prescriptive period
 Art 91 may apply when a special law, while
providing a prescriptive period, does not
prescribe any rule for the application of that
period.
Prescription of violations penalized under special laws
and ordinances shall begin to run from the day of the
commission of the violation of the law.
b)
If the same is not known at the time, from the discovery
thereof and the institutionalization of judicial proceeding
for its investigation and punishment.

The prescription shall be interrupted when
proceedings are instituted against guilty
person, and shall begin to run again if the
proceedings are dismissed for reason not
constituting jeopardy.
i)
Defense of prescription may be raised during the trial or
during appeal.
j)
The accused cannot be convicted of a lesser offense
than that charged if the lesser offense had already
prescribed at the time the information was filed
k)
When there is a plea of prescription and it is established,
the court must exercise jurisdiction, not inhibit itself, and
hold that the action have prescribed and absolve the
defendant,
ARTICLE 91. Computation of Prescription of Offenses. — The
period of prescription shall commence to run from the day on
which the crime is discovered by the offended party, the
authorities, or their agents, and shall be interrupted by the filing
of the complaint or information, and shall commence 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.
c)
It is interrupted by the filing of the complaint or
information.
 Unless otherwise provided by law
1.
Filing the complaint in the municipal court even
if it is merely for purposes of preliminary
examination, does interrupt the prescriptive
period.
2.
The complaint or information that will interrupt
the period must be the proper information or
complaint corresponding to the offense. (a
new complaint/information was filed)
 If an amended complaint of information
was filed after the prescriptive period, the
date of the original complaint or
information should be considered. (mere
correction; no new complaint/information)
3.
The filing of information even if erroneous
because the court has no territorial jurisdiction,
tolls the running of the prescriptive period of the
rime, since the jurisdiction of a court is
determined in criminal cases by the allegations
of the complaint or information, and not by the
result of proof.
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.
1.
Two grounds that make prescriptive period run
again
a. Proceedings terminate without the
accused
being
convicted
or
acquitted
b. Proceedings unjustifiably stopped for
any reason not imputable to accused
2.
If the case was dismissed without consent or
objection of the accused who has already
been arraigned, accused could no longer be
prosecuted even within the prescriptive period
on the ground of double jeopardy.
The term of prescription shall not run when the offender is absent
from the Philippine Archipelago.
a)
The period of prescription commences to run from the
day on which the crime is discovered by the offended
party, the authorities of their agents.
1. Note: Discovery of the crime, not of the
offender; it is not necessary that the accused be
arrested
2.
Prescription runs when there is nothing that was
concealed or needed to be discovered
3.
There is constructive notice when an instrument
with a forged signature was registered to the
Registry of Deeds
d)
The term of prescription shall not run when the offender
is absent from the Philippines.
e)
PRESCRIPTION OF ELECTION OFFENSES
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1.
2.
f)
If the discovery of the offense is incidental to
judicial proceedings in election contest,
prescription begins when such proceedings
terminate
If the falsification committed by the inspectors
in connection with the counting of the votes
and the preparation of election returns was
known to the protestants and their election
watchers before the filing of the election
protests, the period of prescription began from
the date of the commission of the offense.
The prescription of the offense of false testimony
commences to run from the time the principal case is
finally decided
ARTICLE 93. Computation of the Prescription of Penalties. — The
period of prescription of penalties shall commence to run from
the date when the culprit should evade the service of his
sentence, and it shall be interrupted if the defendant should
give himself up, be captured, should go to some foreign country
with which this Government has no extradition treaty, or should
commit another crime before the expiration of the period of
prescription.
OUTLINE OF THE PROVISION
1. The period of prescription of penalties commences to run
from the date when the culprit evaded the service of his
sentence.
2.
It is interrupted if the convict:
a. Give himself up
b. Be captured
c. Goes to a foreign country with which we have
no extradition treaty, or
d. Commits another crime before the expiration of
the period of prescription
3.
The period of prescription of penalties shall commence
to run again when the convict escapes again, after
having been captured and returned to prison.
ARTICLE 92. When and How Penalties Prescribe. — The penalties
imposed by final sentence prescribe as follows:
1.
Death and reclusión perpetua, in twenty years;
2.
Other afflictive penalties, in fifteen years;
3.
Correctional penalties, in ten years; with the exception
of the penalty of arresto mayor, which prescribes in
five years;
4.
Light penalties, in one year.
Penalty
Death
and
Reclusion
perpetua
Other afflictive penalties
Correctional penalties except
arresto mayor
Arresto mayor
Light penalties
Prescription
20 years
15 years
10 years
5 years
1 year
a)
The penalties must be imposed by final sentence. If the
convict appealed before he fled, the penalty imposed
upon him would never prescribe.
b)
In prescription of crimes, it is the penalty prescribed by
law that should be considered. In prescription of
penalties, it is the penalty imposed that should be
considered.
c)
Prescriptive period for the crime: Article 9 prevails over
Article 26. A fine of P200.00 in two months as a light
penalty.
 Prescription of penalty: Article 26 prevails. The
fine is not less than P200.00, hence
correctional. Prescription period is 10 years.
d)
Subsidiary penalty for non-payment is immaterial.
ELEMENTS:
1. That the penalty is imposed by final sentence
2. That the convict evaded the service of the sentence by
escaping during the term of his sentence
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
4. That the penalty has prescribed, because of the lapse of
time from the date of the evasion of the service of
sentence by the convict
a)
The period of prescription that ran during the time the
convict evaded service of sentence is not forfeited upon
his capture. If the culprit is captured and evades again,
the period of prescription that has run in his favor should
be taken into account.
b)
Evading the service of the sentence is not committing a
crime before the expiration of the period of penalties
c)
The acceptance of a conditional pardon also interrupts
the prescriptive period.
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CHAPTER ONE
TOTAL EXTINCTION OF CRIMINAL LIABILITY
ARTICLE 94. Partial Extinction of Criminal Liability. — Criminal
liability is extinguished partially:
1.
By conditional pardon;
2.
By commutation of the sentence; and
2.
For good conduct allowances which the culprit may
earn while he is serving his sentence.
GROUNDS FOR PARTIAL EXTINGUISHMENT OF CRIMINAL LIABILITY
1. Conditional Pardon
2. Commutation of the Sentence
3. For Good Conduct Allowance
4. Parole
CONDITIONAL PARDON. The exemption of an individual, within
certain limits or conditions, from the punishment which the law
inflicts for the offense he had committed resulting in the partial
extinction of his criminal liability
a)
b)
Conditional pardon delivered and accepted is
considered a contract between the sovereign power of
the executive and the convict.
The usual condition imposed in conditional pardon is that
the convict “shall not again violate any of the penal laws
of the Philippines.”
COMMUTATION OF SENTENCE. Reduction of the duration of a
prison sentence of a prisoner; change of the decision of the court
made by the Chief Executive by reducing the degree of the
penalty inflicted upon the convict, or by decreasing the length of
the imprisonment or the amount of the fine
a)
b)
SPECIFIC CASES WHERE COMMUTATION IS PROVIDED BY
RPC
1. When the convict sentenced to death is over
70 years of age
2. When the Supreme Court failed to reach eight
votes in affirming imposition of death penalty
In commutation, consent of the offender is not necessary.
GOOD CONDUCT ALLOWANCES. Deductions from the term of the
sentence for good behavior
PAROLE. Conditional release of an offender from a correctional
institution after he has served the minimum of his prison sentence.
CONDITIONAL PARDON v PAROLE
Conditional Pardon
Parole
May be given at any time May be given after the
after final judgment
convict has served the
minimum penalty
Granted
by
the
Chief Granted by the Board of
Executive under the provisions Pardons and Parole under the
of the Administrative Code
provision of the Indeterminate
Sentence Law
The convict may be ordered The
convict
may
be
rearrested by the Chief rearrested to serve the
Executive for violation of the unserved portion of his original
conditions; or
penalty
May be prosecuted under Art
159
Cannot be prosecuted under
Art 159
ARTICLE 95. Obligation Incurred by Person Granted Conditional
Pardon. — Any person who has been granted conditional
pardon shall incur the obligation of complying strictly with the
conditions imposed therein; otherwise, his non-compliance with
any of the conditions specified shall result in the revocation of
the pardon and the provisions of article 159 shall be applied to
him.
OUTLINE OF THE PROVISION
1. One granted with a pardon must comply strictly with the
conditions in the pardon.
2. Failure to comply with the conditions shall result in the
evocation of the pardon. Chief Executive may order his
arrest and re-incarceration.
3. He becomes liable under Art 153.
►The duration of the conditions annexed to a pardon would be
limited to the period of the prisoner’s sentence,
 unless an intention to extend it beyond the term of his
sentence was manifest from the nature of the condition
or he language in which it was imposed.
ARTICLE 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.
ARTICLE. 97. Allowance for good conduct. – The good conduct
of any offender qualified for credit for preventive imprisonment
pursuant to Article 29 of this Code, or of any convicted prisoner
in any penal institution, rehabilitation or detention center or any
other local jail shall entitle him to the following deductions from
the period of his sentence:
1.
During the first two years of imprisonment, he shall be
allowed a deduction of twenty days for each month of
good behavior during detention;
a)
Parole consists in the suspension of the sentence after
serving the minimum term of the indeterminate penalty,
without granting pardon, prescribing the terms by which
the sentence shall be suspended.
2.
During the third to the fifth year, inclusive, of his
imprisonment, he shall be allowed a reduction of
twenty-three days for each month of good behavior
during detention;
b)
If the convict fails to observe the conditions of his parole,
the Board of Pardons and Parole is authorized to direct
his arrest and return to custody in order to carry out his
sentence without deduction of the time that has elapsed
between the date of the parole and the subsequent
arrest.
3.
During the following years until the tenth year,
inclusive, of his imprisonment, he shall be allowed a
deduction of twenty-five days for each month of good
behavior during detention;
4.
During the eleventh and successive years of his
imprisonment, he shall be allowed a deduction of
thirty days for each month of good behavior during
detention; and
c)
The mere commission and not conviction of any crime is
sufficient to warrant parolee’s arrest and reincarceration.
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5.
peal institution if he fails to give himself up to the
authorities within 48 hours following the issuance of the
proclamation announcing the passing away of the
calamity.
At any time during the period of imprisonment, he shall
be allowed another deduction of fifteen days, in
addition to numbers one to four hereof, for each
month of study, teaching or mentoring service time
rendered.
An appeal by the accused shall not deprive him of entitlement
to the above allowances for good conduct.
(as amended by RA 10592)
c)
AMENDMENTS INTRODUCED BY RA 10592
1. Allowance for good conduct is also granted to detention
prisoners
2. Increased the deduction from period of sentence:
Period of imprisonment
For first 2 years
From 3rd to 5th year
From 6th to 10th year
From 11th and successive
years
From
(RPC)
5 days
8 days
10 days
15 days
To
(RA 10592)
20 days
23 days
25 days
30 days
3.
Aside from the deduction of 20-30 days per month of
good behavior, an additional deduction of 15 days is
granted for each month of study, teaching or mentoring
rendered
4.
An appeal by the accused shall not deprive him of
entitlement to the above allowances for good conduct.
5.
There is no allowance for good conduct while prisoner is
released under conditional pardon.
ART. 99. Who grants time allowances. – Whenever lawfully
justified, the Director of the Bureau of Corrections, the Chief of
the Bureau of Jail Management and Penology and/or the
Warden of a provincial, district, municipal or city jail shall grant
allowances for good conduct. Such allowances once granted
shall not be revoked.
a)
Good conduct allowance may be granted by:
1. the Director of the Bureau of Corrections,
2. the Chief of the BJMP, and
3. the warden of provincial, district, municipal or
city jails.
b)
GOVERNMENT AGENCIES THAT HAVE SUPERVISION OVER
PRISONERS AND JAILS
Agency
Supervision and Control
Bureau of Corrections
Has supervision and control
under DOJ
over their prison facilities
that
house
national
prisoners or those serving
prison terms of more than
three years
Provincial
Has supervision and control
Governments
over provincial jails that
house provincial prisoners
or those serving prison terms
of more than six months up
to three years
Bureau
of
Jail Has jurisdiction over all city,
Management
and municipality, and district
Penology
jails that house municipal
under DILG
prisoners or those serving
prison terms of one day to
not more than six months in
municipal jails and not
more than three years in city
jails
c)
Allowance for good conduct is not an automatic right. It
must be properly granted.
d)
Once granted, allowance for good conduct cannot be
revoked.
ARTICLE. 98. Special time allowance for loyalty. – A deduction
of one fifth of the period of his sentence shall be granted to any
prisoner who, having evaded his preventive imprisonment or
the service of his sentence under the circumstances mentioned
in Article 158 of this Code, gives himself up to the authorities
within 48 hours following the issuance of a proclamation
announcing the passing away of the calamity or catastrophe
referred to in said article. A deduction of two-fifths of the period
of his sentence shall be granted in case said prisoner chose to
stay in the place of his confinement notwithstanding the
existence of a calamity or catastrophe enumerated in Article
158 of this Code.
This Article shall apply to any prisoner whether undergoing
preventive imprisonment or serving sentence.
(as amended by RA 10592)
SPECIAL TIME ALLOWANCE FOR LOYALTY OF PRISONER. It is a
deduction in the period of the sentence of a prisoner who, having
evaded the service of his sentence during the calamity or
catastrophe
1. gives himself up to the authorities within 48 hours following
the issuance of a proclamation announcing the passing
away of the calamity or catastrophe, [1/5 of the period
of sentence]
2. or who chose to stay in the place of confinement
notwithstanding the existence of the calamity or
catastrophe enumerated in Art 158. [2/5 of the period of
sentence]
a)
The deduction is based on the original sentence and not
from the unexpired portion of the sentence; i.e. deduct
1/5 or 2/5 of the original sentence
b)
Article 159 provides for increased penalty if the convict
who evaded the service of his sentence by leaving the
CALAMITY OR CATASTROPHE MENTIONED IN ARTICLE 158.
On the occasion of disorder resulting from:
1. a conflagration,
2. earthquake,
3. explosion, or
4. similar catastrophe, or
5. during a mutiny in which he has not
participated
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g)
TITLE FIVE
CIVIL LIABILITY
CHAPTER ONE
PERSONS CIVILLY LIABLE FOR FELONIES
►An offense causes two classes of injured:
1. Social injury produced by the disturbance and alarm
which are the outcome of the offense
2. Personal injury caused to the victim of the crime who may
have suffered damage, either to his person, to his
property, to his honor, or to her chastity.
Extinguishment of criminal liability does not extinguish civil
liability.
1. Dismissal of the information or the criminal action
does not affect the right of the offended party to
institute of continue the civil action already instituted
arising from the offense.
2. Although the death of an accused extinguished his
criminal liability, it does not necessarily mean that
the civil liability is extinguished.
3.
ARTICLE 100. Civil Liability of Person Guilty of Felony. — Every
person criminally liable for a felony is also civilly liable.
a)
The civil liability arising from negligence under the RPC is
entirely separate and distinct from the responsibility for
fault or negligence called quasi-delict.
b)
Party claiming payment for the damage done cannot
recover damages in a separate civil action for the same
act or omission.
c)
CIVIL LIABILITY INCLUDE:
1. Restitution
2. Reparation of the damage caused
3. Indemnification for consequential damages
d)
BASIS OF CIVIL LIABILITY. A crime has a dual character:
1. As an offense against the state because of the
disturbance of the social order
2. As an offense against the private person injured by
the crime unless it is a crime against the State
e)
DAMAGES THAT MAY BE RECOVERED IN CRIMINAL CASES
1. In CRIMES AGAINST PROPERTY, if the thing cannot be
restored, damages may be recovered based on:
a. the price of the thing and
b. its special sentimental value to the injured party
2.
f)
In CRIMES AGAINST PERSONS, injured party is entitled
to be paid for
a. Whatever he spent for the treatment of his
wounds, doctor’s fees, and for medicine
b. The salary or wages unearned by him because
of his inability to work due to his injuries
c. Moral damages
d. Exemplary damages when the crime was
committed with one or more aggravating
circumstances
e. For Death
For the loss of the earning capacity of the
deceased, unless the deceased, on
account of permanent physical disability
not cause by the defendant had no
earning capacity
To give support if the deceased was
obliged to give support under Art 291 of
the NCC, to one not an heir of the
deceased
Moral damages for mental anguish to the
spouse,
legitimate
and
illegitimate
descendants and ascendants
A person criminally liable for a felony is also civilly liable.
 If there is no damage caused by the
commission of the crime, the offender is not
civilly liables
Civil liability may exist although the accused is not
held criminally liable:
a. Acquittal on reasonable doubt
Award in judgment of acquittal. The
court may acquit an accused on
reasonable doubt and still order
payment of civil damages already
proved in the same case without
need for a separate civil action.
b.
Acquittal from a cause of non-imputability; in
favor of a person who is
imbecile or
insane person,
under 15 years of age, or
over 15 but under 18 years of age who
acted without discernment
acting under compulsion of an
irresistible force or under the impulse
of an uncontrollable fear or an equal
or greater injury
c.
Acquittal in the criminal action for negligence
does not preclude offended party from filing a
civil action on the basis of quasi-delict
d.
When there is only civil responsibility
e.
In case of independent civil actions.
PROSECUTION OF CIVIL ACTION ARISING FROM CRIME
a) When a criminal action is instituted, the civil action for the
recovery of civil liability shall be deemed instituted with
the criminal action unless
1. offended party waives the civil action,
2. reserves the right to institute it separately, or
3. institutes the civil action prior to the criminal action

The criminal action under BP 22 shall be deemed to
include the civil action. No reservation to file such
civil action shall be allowed.
b)
Separate civil action shall be suspended and/or may not
be instituted until a judgment has been rendered in the
criminal action.
c)
A final judgment rendered in a civil action absolving the
defendant from civil liability is not bar to a criminal action
on the same act or omission.
d)
Commencement of criminal action is not a condition
precedent to the filing and prosecution of civil action
arising from the crime. (in order to prevent the guilty party
from disposing his property)
e)
Judgment in the civil case already promulgated cannot
be suspended by the filing of a criminal action.
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f)
REVISED RULES OF CRIMINAL PROCEDURE. RULE 111.
SECTION 2. After the criminal action has been
commenced, the separate civil action arising therefrom
cannot be instituted until final judgment has been
entered in the criminal action.
SECTION 2(A). If the criminal action is filed after the said
civil action has already been instituted, the latter shall be
suspended in whatever stage it may be found before
judgment on the merits. The suspension shall last until final
judgment is rendered in the criminal action.

Prejudicial questions must be decided before
any criminal prosecution may be instituted or
may proceed.
l)
m) If the criminal action is dismissed by the court on motion
of the fiscal upon the ground of insufficiency of
evidence, the offended party has no right to appeal. His
remedy is a separate civil action if reservation was made.
 Offender party may appeal the order dismissing the
action upon question of law.
RESERVATION OF THE RIGHT TO INSTITUTE SEPARATE CIVIL ACTION
a)
A PREJUDICIAL QUESTION is one which arises in
a case, the resolution of which is a logical
antecedent of the issue involved in said case,
and the cognizance of which pertains to
another tribunal.
ELEMENTS OF A PREJUDICIAL QUESTION
1. The civil action involves an issue similar or
intimately related to the issue raised in the
criminal action
2. The resolution of such issue determines
whether or not the criminal action may
proceed.
g)
h)
i)
Section 2 applies only when the claimant in the civil
action is the same offended party in the criminal action
and both cases arise from the same offense or
transaction.
Section 2(a) applies only to civil liability arising from the
crime.
e.g. culpa contractual is the basis of civil action against
a transportation company for its failure to carry safely its
passenger to his destination; obligation to pay damages
arise from the contract not from the crime
The court may sentence the accused to pay damages
even if there is no specific allegation of such damages in
the information
 Provided the offended party has not waived such
liability or reserved his right to have civil damages
determined in a separate civil action
j)
Civil liability of the accused extends in favor of persons
not mentioned in the information.’
 Unless an omitted party has waived the civil liability
or has reserved the right to file a separate civil action
k)
ATTACHMENT IN CRIMINAL CASES. The offended party
may have the property of the accused attached as
security for the satisfaction of any judgment in the
following cases:
1. When the accused is about to abscond from
the Philippines
2. When the criminal action is based on a claim
for money or property embezzled or
fraudulently misapplied or converted to the use
of the accused
3. When the accused has concealed, removed,
or disposed of his personal property, or is about
to do so
4. When the accused resides outside the
Philippines
From the judgment of conviction in criminal case, two
appeals may be taken (civil and criminal)
Reservation of the right to institute separate civil action is
necessary in the following cases
1. In any of the cases referred to in Article 32, NCC
2.
In cases of defamation, fraud, and physical injuries
used in their ordinary sense; physical injuries
include homicide or death; fraud includes
estafa)
3.
When he civil action is against a member of a city or
municipal police force fro refusing or failing to
render aid or protection to any person in case of
danger to life or property
The police shall be primarily liable for damages,
and the city/municipality shall be subsidiarity
responsible
4.
In an action for damages arising from fault or
negligence, there being no pre-existing contractual
relation between the parties (quasi-delict)
b)
The purpose of reservation is to prevent the matter from
becoming res adjudicata.
c)
Once the offended party has reserved his right to institute
a separate civil action, he loses his right to intervene in
the prosecution of the criminal case. He can no longer
move for reconsideration or appeal the decision insofar
as it decided the question of civil indemnity.
d)
If the offended party in the criminal case is represented
by a private prosecutor, he cannot file an independent
civil action.
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PERSONS CIVILLY LIABLE IN THE ABSENCE OF THOSE CRIMINALLY
LIABLE
1.
Those having an imbecile or insane person or minor
exempt from criminal liability under the legal authority or
control, if they are at fault or negligent, for acts
committed by the imbecile, insane or minor
2.
Persons who acted under the compulsion or irresistible
force or under the impulse of uncontrollable fear are
civilly liable if the person who used violence or who
caused the fear is insolvent or cannot be found
3.
Innkeeper, tavernkeeper, and any other person or
corporation who committed violation of municipal
ordinance or some general or special police regulation,
and the person who committed a crime in his
establishment cannot be found or is insolvent
4.
5.
Innkeepers, for robbery with force upon things or theft of
goods of guests lodging therein, provided the guests
notified the innkeeper in advance of the deposit of their
goods within the inn, and provided further that such
guests followed the directions of the innkeeper with
respect to the care of and vigilance over such goods
The employer who is engaged in any kind of industry, for
the crime committed by his employee while in the
discharge of his duties
ARTICLE 101. Rules Regarding Civil Liability in Certain Cases. —
The exemption from criminal liability established in subdivisions
1, 2, 3, 5, and 6 of article 12 and in subdivision 4 of article 11 of
this Code does not include exemption from civil liability, which
shall be enforced subject to the following rules:
First. In cases of subdivisions 1, 2, and 3 of article 12, the civil
liability for acts committed by an imbecile or insane person,
and by a person under nine years of age, or by one over nine
but under fifteen years of age, who has acted without
discernment, shall devolve upon those having such person
under their legal authority or control, unless it appears that there
was no fault or negligence on their part.
Should there be no person having such insane, imbecile or
minor under his authority, legal guardianship, or control, or if
such person be insolvent, said insane, imbecile, or minor shall
respond with their own property, excepting property exempt
from execution, in accordance with the civil law.
Second. In cases falling within subdivision 4 of article 11, the
persons for whose benefit the harm has been prevented shall
be civilly liable in proportion to the benefit which they may have
received.
The courts shall determine, in their sound discretion, the
proportionate amount for which each one shall be liable.
When the respective shares can not be equitably determined,
even approximately, or when the liability also attaches to the
Government, or to the majority of the inhabitants of the town,
and, in all events, whenever the damage has been caused with
the consent of the authorities or their agents, indemnification
shall be made in the manner prescribed by special laws or
regulations.
Third. In cases falling within subdivisions 5 and 6 of article 12, the
persons using violence or causing the fears shall be primarily
liable and secondarily, or, if there be no such persons, those
doing the act shall be liable, saving always to the latter that part
of their property exempt from execution.
Civil Liability for acts of an Insane or Minor, exempt from Criminal
Liability
►The liability for the acts committed by an imbecile or insane or
minor exempt from criminal liability shall devolve upon the persons
having legal authority or control over them, if the latter are at fault
or negligent.
 The minor shall respond with his property not exempt from
execution when:
1. There is no fault or negligence on the party of the
parents or guardians
2. Even if parents or guardians are at fault, they are
insolvent
3. There is no person having authority or control over
the convict
Civil Liability for acts committed by person acting under irresistible
force or uncontrollable fear
►The person using violence or causing the fear are primarily liable.
Those doing the act shall be secondarily liable.
Civil Liability of persons acting under justifying circumstances
►There is no civil liability in justifying circumstances.
 In Article 11, par 4, there is civil liability but the person
civilly liable is the one benefitted by the act which causes
damage to another.
ARTICLE 102. Subsidiary Civil Liability of Innkeepers,
Tavernkeepers and Proprietors of Establishments. — In default of
the persons criminally liable, innkeepers, tavernkeepers, and
any other persons or corporations shall be civilly liable for
crimes committed in their establishments, in all cases where a
violation of municipal ordinances or some general or special
police regulation shall have been committed by them or their
employees.
Innkeepers are also subsidiarily liable for the restitution of goods
taken by robbery or theft within their houses from guests lodging
therein, or for the payment of the value thereof, provided that
such guests shall have notified in advance the innkeeper
himself, or the person representing him, of the deposit of such
goods within the inn; and shall furthermore have followed the
directions which such innkeeper or his representative may have
given them with respect to the care of and vigilance over such
goods. No liability shall attach in case of robbery with violence
against or intimidation of persons unless committed by the
innkeeper’s employees.
ELEMENTS, The innkeeper, tavernkeeper or any other person or
corporation is civilly liable for the crime committed in his
establishment when:
1. That the innkeeper, tavernkeeper 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
ELEMENTS, The innkeeper is subsidiarily liable
1. The guest notified in advance the innkeeper or the
person representing him of the deposit of their goods
within the inn or house
It is not necessary that the effects of the guest be
actually delivered to the innkeeper or his
representative
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2.
3.
The guests followed the directions of the innkeeper or his
representative with respect to the care of and vigilance
over such goods
Such goods of the guests lodging therein were taken by
robbery with force upon things or theft committed within
the inn or house

No liability shall attach in case of robbery with
violence against or intimidation of persons,
unless committed by the innkeeper’s
employees
ARTICLE 103. Subsidiary Civil Liability of Other Persons. — The
subsidiary liability established in the next preceding article shall
also apply to employers, teachers, persons, and corporations
engaged in any kind of industry for felonies committed by their
servants, pupils, workmen, apprentices, or employees in the
discharge of their duties.
►Employers, teachers, persons, and corporations engaged in any
kind of industry shall be subsidiary liable for felonies committed by
their servants, pupils, workmen, apprentices, or employees in the
discharge of their duties.
ELEMENTS
1. The employer, teacher, person or corporation 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
a)
INDUSTRY. Any department or branch of art, occupation
or business; especially one which employs so much labor
and capital and is distinct branch of trade
b)
A hospital is not engaged in industry and may not be
subsidiarily liable for acts of nurses; nurses are not servants
of the hospital since they are acting upon orders of
physicians
c)
Private persons without business or industry may not be
subsidiarily liable
d)
The decision convicting an employee in a criminal case
is binding and conclusive upon the employer with
regards to:
1. The employees civil liability, and
2. Its amount
Subsidiary liability arise only from the offenses that the
employee may commit in in the discharge of his duties.
e)
f)
Subsidiary liability of the employer is not determined in
the criminal case against the employee. Reservation of
the right to bring action is not necessary.
g)
There can be no subsidiary liability where the employee
is not criminally convicted.
h)
Employer has the right to take part in the defense of his
employees.
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offender can recover it from whomsoever is in possession
thereof.
 If the possessor of a movable property lost or
which the owner has been unlawfully
deprived, has acquired it in good faith and at
a public sale, the owner cannot obtain its
return without reimbursing the price paid
therefor.
CHAPTER TWO
WHAT CIVIL LIABILITY INCLUDES
ARTICLE 104. What is Included in Civil Liability. — The civil liability
established in articles 100, 101, 102, and 103, of this Code
includes:
1. Restitution;
2.
Reparation of the damage caused;
3.
Indemnification for consequential damages.
a)
If restitution of the thing taken away cannot be made by
the offender or by his heirs, the law allows the offended
party reparation.
b)
There are rimes where only one or none at all of the civil
obligations is possible. In some crimes, the three civil
obligations may be declared and enforced.
c)
d)
When the property taken away is not recovered the
court must order the accused to restore it to its owner or,
as an alternative, to pay is value.
CIVIL LIABILITIES v PECUNIARY LIABILITIES
Civil Liabilities
Pecuniary Liabilities
Include reparation of the Include reparation of the
damage caused and damage caused and
indemnification
of indemnification
of
consequential damages
consequential damages
Include restitution
Do not include restitution
In restitution, there is
nothing to pay in terms of
money;
property
unlawfully
taken
is
returned
Refer to liabilities to be
paid out of the property
of the offender
Do not include fines and
costs of proceedings
Include fine and the costs
of the proceedings
ARTICLE 105. Restitution — How Made. — The restitution of the
thing itself must be made whenever possible, with allowance for
any deterioration or diminution of value as determined by the
court.
The thing itself shall be restored, even though it be found in the
possession of a third person who has acquired it by lawful
means, saving to the latter his action against the proper person,
who may be liable to him.
This provision is not applicable in cases in which the thing has
been acquired by the third person in the manner and under the
requirements which, by law, bar an action for its recovery.
a)
The restitution of the thing itself must be made whenever
possible. The convict cannot, by way of restitution, give
to the offended party a similar thing of the same amount,
kid or special and quality.
b)
While in the possession of the accused, and if the
property suffers deterioration dues to his fault, the court
will assess the amount of the deterioration and order the
return of the property and pay such amount representing
deterioration.
c)
The thing itself shall be restored, even though it be found
in the possession of a third person who has acquired it by
lawful means. The owner of property illegally taken by the

Restitution shall not be ordered by the court
when the thing has been acquired by the third
person in the manner which by law bar an
action for recovery
d)
A person who is not a party in the case cannot recover
in the criminal action any indemnity from the accused.
e)
When the liability to return a thing arises from contract,
not from criminal act, the court cannot order is return in
the criminal case.
f)
Restitution may be ordered even if accused is acquitted,
provided the offense is proved and it is shown that the
thing belongs to somebody else.
g)
When the crime is not against property, no restitution of
reparation of the thing can be done.
 Exceptions
1. In treason, the defendant were ordered to
return the money to the person from whom
he took id during the treasonous act
2. In abduction, the defendants were
ordered to return the money taken by
them from the offended girl
3. Return of the usurious interest in violation of
Usury Law
h)
The payment of salary of an employee during the period
of suspension cannot be properly decreed by the court
in a judgment of acquittal. It devolves upon the head of
the department concerned and is discretionary with him.
i)
The court has authority to order the reinstatement of the
accused acquitted of a crime punishable by the penalty
of perpetual or temporary disqualification.
ARTICLE 106. Reparation — How Made. — The court shall
determine the amount of damage, taking into consideration the
price of the thing, whenever possible, and its special
sentimental value to the injured party, and reparation shall be
made accordingly.
a)
Reparation will be ordered by the court if restitution is not
possible. When the stolen property cannot be returned
because it was sold by the thief to an unknown person,
he will be required by the court, if found guilty, to pay the
actual price of the thing plus its sentimental value to its
owner.
b)
If there is no evidence as to the value of the thing
unrecovered, reparation cannot be made.
c)
Civil damages are limited to those caused by and
flowing from the commission of the crime.
d)
Payment by the insurance company does not relieve the
offender of his obligation to repair the damage caused.
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crime. Exemplary damages is justified if there is an
aggravating circumstance whether ordinary or
qualifying.
The insurance company is subrogated to the right of the
offended party as regards the damages.
ARTICLE 107. Indemnification — 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.
a)
b)
c)
d)
Indemnity refers generally to crimes against persons;
reparation refers to crimes against property
Indemnity for medical services still unpaid may be
recovered. Even if there was no actual payment of the
doctor’s fee, the amount necessary to pay the doctor for
surgical operation maybe taken into account in
awarding the damages.
f)
In crimes and quasi-delicts, the defendant shall be liable
for all damages which are the natural and probable
consequences of the act or omission complained of.
Civil indemnity for Rape with Homicide:
P100,000.00
Civil liability for Rape by sexual assault:
P30,000.00 as civil indemnity and P30,000.00 as
moral damages with 6% annual interest
The amount for damages for death caused by a crime is
increased from time to time by the Supreme Court.
INDEMNITY FOR LOST EARNINGS
a) FORMULA, INDEMNITY FOR LOST EARNINGS
Net Earning Capacity = Life expectancy x (Gross annual
income – Living expenses)
Life expectancy = 2/3 x (80-age of the deceased at the
time of death)
In the absence of proof, living expenses is estimated to
be 50% of the gross annual income.
b)
Documentary evidence should be presented to
substantiate a claim for loss of earning capacity.
 May be awarded despite the absence of
documentary evidence if there is testimony that the
victim was either:
1. Self-employed earning less than the minimum
wage under current labor laws, and judicial
notice is taken of the fact that in the victim’s line
of work, no documentary evidence is available,
or
2. Employed as a daily-wage worker earning less
than the minimum wage under current labor
laws
c)
It is not necessary that the victim, at the time of injury or
death, is gainfully employed for compensation for loss of
earning capacity. Compensation is not for loss of
earnings but for loss of capacity to earn money.
d)
Temperate damages may be awarded if income of
victim is not sufficiently proven.
Where the penalty to the crime is death but which
cannot be imposed because of RA 9346, the amounts of
indemnity and damage were increased:
1. P100,000.00 as civil indemnity
2. P100,000.00 as moral damages which the victim is
assumed to have suffered and thus needs no proof;
and
3. P100,000.00 as exemplary damages to set an
example for the public good.
e)
TEMPERATE OR MODERATE DAMAGES. May be recovered
when the court finds that some pecuniary loss was
suffered but its amount cannot be proved with certainty;
more than nominal but less than compensatory
damages
f)
Temperate damages will be awarded if the court finds
that some pecuniary loss has been suffered but its
amount cannot be proven with certainty.
RA 9346 does not serve as basis for the reduction of civil
indemnity and other damages that adhere to heinous
crimes. Award of civil damages is not dependent on the
actual imposition of the death penalty but on the fact
that qualifying circumstances warranting the imposition
of the death penalty attended the commission of the
offense.
g)
Where actual damages proved is less than P25,000.00 in
amount, temperate damages in the amount of
P25,000.00 shall be awarded in lieu of actual damages
CIVIL INDEMNITY
a) In cases of murder of homicide, civil indemnity of
P75,000.00 and moral damages of P50,000.00 are
awarded automatically. Mandatory without need of
allegation and proof other than the death of the victim.
d)
e)
The civil indemnity may be increased on appeal only if it
will not require an aggravation of the decision in the
criminal case on which it is based.
DAMAGES RECOVERABLE IN CASE OF DEATH
1. Civil liability ex delicto
2. For the loss of the earning capacity of the deceased
3. Support in favor of a person who is not an heir of the
deceased to whom the deceased was obliged to
give support
4. Moral damages for mental anguish in favor of
spouse, descendants and ascendants of the
deceased;
5. Exemplary damages in certain case
c)
2.
Contributory negligence on the part of the offended
party reduces the civil liability of the offender.
e)
b)
1.
IN RAPE: Civil indemnity is mandatory in the crime of
rape, and is separate and distinct from moral damages.
Moral damages is automatically granted in rape without
need of further proof other than the commission of the
MORAL DAMAGES
a) In the crime of rape, moral damages may additionally be
awarded to the victim without need for pleading or proof
of the basis thereof.
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EXEMPLARY DAMAGES
a) EXEMPLARY OR CORRECTIVE DAMAGES (or Punitive or
Vindictive Damages) are imposed, by way of example or
correction for the public good, in addition to the moral,
temperate, liquidated or compensatory damages.
(Article 2229, NCC)
-
b)
Intended to serve as a deterrent to serious wrong
doings, and as a vindication of undue sufferings and
wanton invasion of rights of an injured or a
punishment for those guilty of outrageous conduct
Exemplary damages may be given:
1. When one or more aggravating circumstances are
present
2. Where the circumstances of the case show the
highly reprehensible or outrageous conduct of the
offender
c)
Exemplary damages cannot be recovered as a matter
of right; the court will decide whether or not they should
be adjudicated.
d)
Exemplary damages was increased to P30,000.00
CIVIL INDEMNITY v MORAL DAMAGES
a) Civil indemnity ex-delicto for the offended party is
equivalent to actual or compensatory damages in civil
law.
b)
c)
ACTUAL OR COMPENSATORY DAMAGES. One is entitled
to an adequate compensation for such pecuniary loss
suffered by him as he has duly prove, except as provided
by law or by stipulation
Actual damages must be proved. It is necessary for a
party seeking the award of actual damages to produce
competent proof or the best evidence obtainable to
justify such award.
d)
Moral and exemplary damages do not require proof of
pecuniary loss.
e)
Moral damages could be recovered if a pedestrian was
injured or killed by a motor vehicle due to the negligence
of its driver.
 No moral damages can be claimed from the
bus owner based on culpa contractual. The
negligent driver, not the bus owner, was the
one who caused moral damages.
f)
g)
h)
i)
Claim for moral damages does not determine jurisdiction
of the court.
The recovery of attorney’s fees is allowed under the
circumstances provided when the court deems it just
and equitable that attorney’s fees and expenses of
litigation should be recovered.
Interest at the rate of six percent per annum should be
added to other damages awarded.
Civil liability is not part of the punishment. Order to try the
civil branch of the case does not constitute double
jeopardy.
ARTICLE 108. Obligation to Make Restoration, Reparation for
Damages, or Indemnification for Consequential Damages and
Action to Demand the Same — Upon Whom it Devolves. — The
obligation to make restoration or reparation for damages and
indemnification for consequential damages devolves upon the
heirs of the person liable.
The action to demand restoration, reparation, and
indemnification likewise descends to the heirs of the person
injured.
a)
The heirs of the person liable has no obligation if
restoration is not possible and the deceased left no
money. (same in indemnification)
 If convict left property, the heirs may be required to
pay out of the proceeds of the property.
b)
Civil liability is possible only when the offender dies after
final judgment. If the offender before his death was
condemned by final judgment to make restitution,
reparation or indemnification, the offended party may
enforce his claim.
 If death of the offender took place before any final
judgment of conviction was rendered to him, the
action for restitution, reparation or indemnification
must be dismissed.
c)
No judgment for indemnity is proper if the criminal case
have been dismissed by the court and acquitted the
accused.
 The heirs of the deceased have a right to enforce
the civil responsibility of the accused in their favor in
a civil action.
ARTICLE 109. Share of Each Person Civilly Liable. — If there are
two or more persons civilly liable for a felony, the courts shall
determine the amount for which each must respond.
ARTICLE 110. Several and Subsidiary Liability of Principals,
Accomplices, and Accessories of a Felony — Preference in
Payment. — Notwithstanding the provisions of the next
preceding article, the principals, accomplices, and
accessories, 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.
The subsidiary liability shall be enforced, first against the
property of the principals; next, against that of the accomplices,
and, lastly, against that of the accessories.
Whenever the liability in solidum or the subsidiary liability has
been enforced, the person by whom payment has been made
shall have a right of action against the others for the amount of
their respective shares.
a)
The entire amount of the civil indemnity, together with
the moral and actual damages, should be apportioned
among the persons who cooperated in the criminal act.
b)
The person with greater participation in the commission
of the crime should have a greater share in the civil
liability.
c)
The principals, accomplices, and accessories, each
within their respective class, shall be liable:
1. SEVERALLY (IN SOLIDUM) among themselves for their
quotas, and
the person who made the payment shall have
a right of action against the others for the
amount of their respective shares.
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2.
SUBSIDIARILY for those of the other persons liable.
The subsidiary liability shall be enforced:
a. first against the property of the principals;
b. next, against that of the accomplices, and,
c. lastly, against that of the accessories.
ARTICLE 111. Obligation to Make Restitution in Certain Cases. —
Any person who has participated gratuitously in the proceeds
of a felony shall be bound to make restitution in an amount
equivalent to the extent of such participation.
a)
The person who participated gratuitously in the proceeds
of a felony is not criminally liable.
b)
If the person who participated gratuitously in the
proceeds of the felony knew that the property came
from an illegal source, he is an accessory and he is not
only civilly but also criminally liable.
c)
PERSON WHO HAS PARTICIPATED GRATUITOUSLY. An
innocent person who has participated in the proceeds of
a felony through the liberality of the offender
 If the person paid for the article because he bought
it, Article 105 applies.
d)
The fortune of the innocent person must be augmented
by his participation in the proceeds of the crime.
(e.g. merely participating in eating the proceeds does
not increase his property)
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CHAPTER THREE
EXTINCTION AND SURVIVAL OF CIVIL LIABILITY
ARTICLE 112. Extinction of Civil Liability. — Civil liability
established in articles 100, 101, 102, and 103 of this Code shall
be extinguished in the same manner as other obligations, in
accordance with the provisions of the Civil Law.
CIVIL LIABILITY IS EXTINGUISHED BY:
1. Payment or performance
2. The loss of the thing due
3. The condonation or remission of the debt
4. The confusion or merger of the rights of creditor and
debtor
5. Compensation
6. Novation
CIVIL LIABILITY MAY ARISE FROM:
1. Crime (governed by RPC)
2. Breach of contract (culpa contractual; NCC)
3. Tortious act (culpa aquiliana, NCC)
►Civil liability is extinguished by subsequent agreement between
the accused and the offended party.
►Express condonation by the offended party has the effect of
waiving civil liability with regard to the interest of the injured party.
►Offender is civilly liable even if stolen property is lost by reason of
force majeure.
ARTICLE 113. Obligation to Satisfy Civil Liability. — Except in case
of extinction of his civil liability as provided in the next
preceding article, the offender shall continue to be obliged to
satisfy the civil liability resulting from the crime committed by
him, notwithstanding the fact that 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.
►The offender shall continue to be obliged to satisfy the civil
liability, notwithstanding the fact that:
1. he has served his sentence consisting of deprivation of
liberty or other rights, or
2. has not been required to serve the same by reason of
amnesty, pardon, commutation of sentence, or any
other reason

Except in case of extinction of his civil liability
►Amnesty, pardon or probation do not extinguish the civil liability
of the offender.
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