ARTICLE 14 – AGGRAVATING CIRCUMSTANCES
Aggravating Circumstances are those which serve to increase the penalty without, however, exceeding the maximum of the penalty.
Aggravating circumstances must be alleged in the information (Revised Rules on Criminal Procedure, Sec. 8, Rule 110). If they were not alleged in the information but proven during trial serve, they only to aid in fixing the limits of the penalty but do not change the character of
the offense. The rationale for the allegation in the information is for the accused to prepare properly for his defense to meet head-on the qualifying circumstance and because such circumstance changes the nature of the crime against him. (People v. Abuyen)
Aggravating circumstances which arise: (a) from the moral attributes of the offender, or
(b) from his private relations with the offended party, or
shall only serve to aggravate the liability of the principals, accomplices, and accessories as to whom such circumstances are attendant. (Art. 62, par. 3)
(c) from any other personal cause
KINDS OF AGGRAVATING CIRCUMSTANCES:
IN RELATION TO
MITIGATING
CIRCUMSTANCE
GENERIC
can be offset by a
mitigating circumstance
DEFINITION
can generally apply to all crimes; does not change the character of the
offense
EXAMPLES
Dwelling, nighttime, recidivism
increases the penalty to the maximum period, without exceeding the
limit prescribed by law;
SPECIFIC
QUALIFYING
cannot be offset by a
mitigating circumstance
cannot be offset by a
mitigating circumstance
applies only to particular crimes
Par. 16 - Treachery (in crimes against persons)
does not change the character of the offense but guides the court in
imposing the proper penalty. (People v. Agguihao)
Par. 17 - Ignominy (in crimes against chastity)
changes the nature of the crime and designation of the offense;
Alevosia (treachery)
the penalty of the crime qualified shall be imposed (e.g. homicide is
punishable with reclusion temporal, but when qualified as murder, it
becomes punishable by reclusion perpetua.
*when one qualifying circumstance has been considered, the other
qualifying circumstances will be deemed as generic.
cannot be offset by a
mitigating circumstance
Par. 21 – Cruelty
The following qualifies murder (Art. 248)
places the author thereof in such a situation as to deserve no other
penalty than that prescribed by law;
INHERENT
Par. 15 - Taking advantage of superior strength
Must necessarily accompany the commission of a crime; an element of
the felony.
1.
2.
3.
4.
5.
6.
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
In consideration of a price, reward or promise
By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault
upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means
involving great waste and ruin
On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone, epidemic, or any other public calamity
With evident premeditation
With cruelty
Evident premeditation in inherent in (CARTE): Concubinage, Adultery, Robbery, Theft, Estafa.
Taking advantage of public position (par. 1) in Bribery, Malversation, Falsification of documents
does not increase the penalty
SPECIAL
cannot be offset by a
mitigating circumstance
In Boado, specific and special are the same. (No – according to Judge
Erum)
C – Complex crimes (Art. 48)
U – Use of unlicensed firearm in homicide or murder (R.A. 8249 Sec. 1)
T – Taking advantage of public position and membership in an organized/ syndicated crime (Art. 62 par. 1)
EXTRAORDINARY
cannot be offset by a
mitigating circumstance
In Memory Aid, Special Aggravating circumstances are those which
arise under special conditions to increase the penalty of the offense.
E – Error in personae (Art. 49)
This circumstance has its own additional penalty which escalates with
the increase in number of convictions.
Habitual delinquency
Q - Quasi-recidivism (Art. 160)
PROVISION
1
Advantage Taken of Public
Position
NO. OF
AGGRAVATING
CIRCUMSTANCE
NATURE
BASIS
1
Generic
Greater perversity as shown
by:
- personal circumstance
That advantage be taken by the
offender of his public position
Art. 203 - Definition of public officer - any person who, by direct provision
of the law, popular election or appointment by competent authority,
□ shall take part in the performance of public functions in the
Government of the Philippine Islands, or
shall perform in said Government or in any of its branches public duties
as an employee, agent or subordinate official, of any rank or class
2
Contempt or Insult to Public
Authorities
1
Inherent
- means used to secure the
commission of the crime
(in bribery,
falsification,
malversation,
accessories)
Generic
2.
EXCEPTIONS
The person committing the crime is a
public officer
If the public officer is committing the crime in his
private capacity (i.e. not using the influence of
his office)
That said public officer used the
influence, prestige and ascendancy of
his office in the commission of the crime
Greater perversity as shown
by:
1. Public authority is engaged in the exercise
of his functions
2. That said person 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
3
Disregard of Rank, Age, Or Sex
and Dwelling of the Offended
Party
That the act be committed with insult
or disregard of the respect due to the
offended party on account of his
rank, age, sex, or that it be
committed in the dwelling of the
offended party, if the latter has not
given provocation.
4
Considered as ONE
aggravating
circumstance when all
are present
Generic
NOTES
US v. TORRIDA (aggravating)
US v. DACUYCUY (not aggravating)
*Accessories (harboring, concealing,
assisting the escape of principal)
Note: RA 7659 penalty prescribed by law is
always at the maximum regardless of the
mitigating circumstance
- Lack of respect for public
authorities
That the crime be committed in the
contempt of or with insult to the
public authorities.
1.
REQUISITES
- When the officer is directly assaulted
* if so, the crime would be DIRECT
ASSAULT and this circumstance would be
absorbed being inherent therein.
- Lack of knowledge on the part of the offender
of the public officer’s presence
PUBLIC AUTHORITIES
•
•
•
People who govern or
execute laws
Mayor, governor, councilor,
barangay captain, barangay
chairman, chief of police
NOT INCLUDED: chief police
of a town, barrio officers
Greater perversity as shown
by:
1. Specific fact or circumstance of deliberate
intention to disregard or insult age, sex or
rank
Deliberate intent to insult or disregard is not
apparent
Only applicable to CRIMES
AGAINST PERSONS or HONOR.
Personal circumstance of
the offended party
2. Proof of fact of disregard and deliberate
intent
Sex:
Rank refers to
Lack of respect to the
offended
3. Rank: difference in the social condition of
the offender and the offended party
4. Age: Tender age or old age of the offended
party
5. Sex: Applies to the female sex only
Place of the commission of
the crime
1. That there is no sufficient immediate
provocation given by the owner of the
dwelling inside the dwelling
2. Includes: dependencies, foot of the
staircase and enclosure under the house
- When the offender acted with passion and
obfuscation (negates the requirement for
deliberate intention)
- When there exists a relationship between
the offender and the offended party
- When the condition of being a woman is
indispensable in the commission of the
crime (i.e. parricide, rape, abduction &
seduction)
When both the offender and the offended party
are occupants of the house
Where the robbery is committed by force upon
things, for said violation to dwelling is inherent.
Crimes where trespass to dwelling is inherent
3. The offended party was attacked inside his
own house
Dwelling – exclusively used for rest and comfort.
Considered as long as the victim was injured
INSIDE his home, even when he was dragged
out of his home during the incident.
The owner of the dwelling gave sufficient and
immediate provocation
Dwelling did not belong to the offended party
Adultery committed in the dwelling is
aggravating, but not if the paramour lives in the
same dwelling
- high social position or standing
(grade in the armed forces)
- order to which said placed
- designation or distinction
conferred upon an officer
- relative position in civil or social
life
- any scale of comparison, status,
grade within a position
Disregard of sex is absorbed in
treachery (People v. Clementer)
Disregard of sex is NOT absorbed in
treachery (People v. Lapaz)
PROVISION
4
NO. OF
AGGRAVATING
CIRCUMSTANCE
NATURE
2
Generic
BASIS
Abuse of Confidence and Obvious
Ungratefulness
Greater perversity as
shown by means and
That the act be committed with abuse
of confidence or obvious ungratefulness
ways employed
REQUISITES
1. The offended party trusted the offender
(immediate and personal)
2. The offender abused such trust by
committing a crime against the offended
party
EXCEPTIONS
NOTES
Betrayal of confidence
Crimes where abuse of confidence is inherent
-
Malversation
Qualified theft
Estafa by conversion or misappropriation,
Qualified seduction
3. The abuse of confidence facilitated the
commission of the crime
PEOPLE v. CALISO - aggravating
Confidence must be immediate and
personal
Obvious ungratefulness exists when
the victim was providing care to the
offender when he was attacked; or
when the offender as a guest stole
property of the host.
PEOPLE v. CRUMB – not aggravating
5
Palace and Other Places of
Commission of Offense
Greater perversity as
1
Generic
shown by the place of
the commission of the
That the crime be committed in the
palace of the Chief Executive, or in his
presence, or when public authorities
are engaged in the discharge of their
duties, or in a place dedicated to
religious worship.
6
Night-time, Uninhabited Place, Or
Band
That the crime be committed in the
nighttime, in an uninhabited place, or by
a band, whenever such circumstance
may facilitate the commission of the
offense.
crime.
* The place is entitled due
respect.
If the attacked happened in the adjoining room
(US v. Punsalan)
2. The public authority is in his office; or the
place is dedicated to the worship of God
When the court had already adjourned
3. The public authority may be the offended
party
4. Offender must have the intention to commit
a crime when he entered the place
3
May be considered
separately and can
subsist independently
Generic
(nighttime,
uninhabited)
Qualifying
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.
1. The public authority is engaged in the
performance of his duty
(Band: in
robbery with
unnecessary
violence or
physical injuries)
Time and place of the
commission of the crime
and means and ways
employed
Essence: utilization of
combined strength to
overpower the victim to
consummate the offense.
An uninhabited place is 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.
In the case of the Malacañang palace,
the crime is aggravating even if the
Chief Executive is not present.
When the defendant had no intention to commit
murder when she entered the chapel (People v.
Jaurigue)
1. When it facilitated the commission of the
crime
When the time and place was incidental
Nighttime
2. When especially sought for by the offender
to insure the commission of the crime or for
the purpose of impunity
Crimes against chastity
Period of darkness, beginning at the
end of dusk and ending at dawn;
from sunset to sunrise.
i.e., when he sought for it in order to realize the crime with more ease. (People vs. Aquino)
3. When the offender took advantage thereof
for the purpose of impunity
"For the purpose of impunity" means to prevent his (accused's) being recognized,
or to secure himself against detection and punishment. (People vs. Matbagon)
4. Band: Whenever more than three (4 or
more) armed malefactors shall have acted
together in the commission of an offense
(regardless of the comparative strength)
ART. 6
ART. 8
Band
Aid of armed men
At least 4 men
No required
number; at least 2
(implied)
All
PRINCIPALS
(since all took
part directly in
the commission
of the crime
Armed men who
aided the principal
in the commission
are
ACCOMPLICES.
ACCESSORY if
they concealed,
harbored or
assisted in the
escape of the
principal
Night-time:
OBJECTIVE TEST – Did it facilitate
the commission of the crime?
- When the crime was either started or
finished beyond night-time
- When the place of the crime is illuminated
by light (use of flashlight or lighting a
matchstick are not considered to negate the
aggravating circumstance)
- When nighttime was incidental and had no
influence on the commission of the crime
SUBJECTIVE TEST – Was it done
to insure impunity?
Nighttime is absorbed in treachery if
it is a part of the treacherous means
to insure execution (People v. Ong)
Uninhabited place
Determined by reasonable possibility
of receiving help; distance may vary.
It is the nature of the place that is
decisive.
Uninhabited place:
- When the victim has a reasonable
possibility of receiving some help
- When the offender casually encountered the
victim in an uninhabited place
Band:
- When the armed malefactors are 3 and
below in number
- When the malefactors did not act together
Band
“Armed” means carrying a weapon –
stones not considered. (People v.
Manlolo)
ALL members of the band must
DIRECTLY participate in the
perpetration (Gamara v. Valero)
Band is inherent in brigandage
Highway Robbery/Brigandage. - The seizure of any person for ransom, extortion
or other unlawful purposes or the taking away of the property of another by means
of violence against or intimidation of person or force upon things or other unlawful
means, committed by any person on any Philippine highway. (Art. 306 RPC)
PROVISION
7
On Occasion of Calamity or
Misfortune
NO. OF
AGGRAVATING
CIRCUMSTANCE
NATURE
1
Qualifying
BASIS
Time of the
commission of the
crime
8
That the crime be committed on the
occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity
or misfortune
Note: Debased form of
(CSEEC)
offender – instead of
lending aid, he adds to the
suffering by taking
advantage of the misfortune
REQUISITES
1. The offender must take advantage of the
calamity or misfortune
2. The crime was committed during a
conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune (i.e.
typhoon or other chaotic condition)
EXCEPTIONS
NOTES
When the instance of a calamity is just
incidental in the commission of a crime (i.e. a
person killed his mortal enemy in the midst of
a flood)
“other calamity or misfortune’ refers to
other conditions of distress similar to
those mentioned (following the principle
of ejusdem generis)
* Chaotic condition resulting from
liberation was not considered by the
court as aggravating (People v.
Corpus), but was considered in People
v. Penjan.
criminality of the
Aid of Armed Men
Means and ways of
1
Qualifying
committing the crime
That the crime be committed with the
aid of armed men or persons who
insure or afford impunity.
1. That armed men or persons took part in the
commission of the crime, directly or
indirectly
When both the attacking party and the party
attacked were equally armed
2. That the accused availed himself of their
aid or relied upon them when the crime
was committed (actual aid not necessary)
When the accused and those who
cooperated with him in the commission of the
crime acted under the same plan and for
the same purpose (Art. 6)
Aid of armed men is absorbed in
employment of a band provided that
they are at least 4 in number.
“Armed men” includes armed women
Casual presence of armed men in the place
where the crime was committed
9
Recidivism
Greater perversity as
1
Generic
That the accused is a recidivist.
shown by his
inclination to crimes
A recidivist is one who, at the time of
his trial for one crime, shall have been
previously convicted by final judgement
for another crime embraced in the
same title of this Code.
1.
The offender is on trial for an offense
2.
He was previously convicted by final
judgement of another crime
3.
Both the first and second offense are
embraced in the same title of the Code
4.
The offender is convicted of the new
offense
If the subsequent conviction is for an offense
committed before the offense involved in the
prior conviction (i.e. the second crime was
committed prior to the commission of the first
crime where he was convicted with final
judgement)
When the other offense is not embraced in
the same title of the Code
Recidivism is taken into account NO
MATTER HOW MANY YEARS HAVE
INTERVENED between the two
felonies.
AMNESTY extinguishes the penalty –
not considered as aggravating if
amnesty was granted.
PARDON has no such provision;
considered as aggravating even if
pardon was granted.
10
Reiteracion or Habituality
Greater perversity as
1
That the offender has been previously
punished for 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
Generic
shown by his
inclination to crimes
1.
That the accused is on trial for an offense
2.
That he previously served sentence for
another offense which the law attaches an
3.
a.
equal or greater penalty
b.
two or more crimes to which it
attaches lighter penalty than that for
the new offense.
That he is convicted of the new offense
May still be credited if not alleged in the
information provided that the accused does
not object to the presentation of evidence on
the fact of recidivism or by the accused’s own
admission
If the attached penalty to the previous
offense is death and the latter offenses are
that against property, the court should
exercise its discretion in favor of the accused
It is necessary to allege the same in the
information and attach thereto certified
copies of sentences rendered against
the accused
RECIDIVISM
REITERACION or HABITUALITY
HABITUAL DELINQUENCY
QUASI-RECIDIVISM
GENERIC
GENERIC
EXTRAORDINARY
SPECIAL
THE
FOUR
FORMS OF
REPETITION
At the time of the trial he should have been PREVIOUSLY
CONVICTED BY FINAL JUDGEMENT of another crime
EMBRACED IN THE SAME TITLE
Must be proved by CERTIFIED TRUE COPIES OF THE
JUDGEMENT OF CONVICTION.
Offender has been punished
1.
With equal or greater penalty
2.
Lighter penalty for 2 or more crimes
Not required that the crimes be under the same title.
No span of time required to exist between the two crimes.
No requirement for penalty
Offender has SERVED SENTENCE
Final Judgement (LSWP)
** 2 instances of Reiteracion:
1.
After the lapse of the period of perfecting an
appeal (i.e. within 15 days from promulgation or
notice of judgement/order – Rule 122 Sec. 6
RRCP)
2.
When the sentence has been partially or totally
satisfied or served
3.
When the accused has waived in writing his
right to appeal
4.
When the accused has applied for probation
1.
TWO CRIMES of equal or greater penalty
(the first one being greater)
2.
TWO OR MORE CRIMES where the
offender meted lighter penalty.
Not always aggravating (e.g. in cases where the
penalty would be death; and if the previous
convictions were for crimes against property and not
persons) The court should exercise discretion in favor
of the accused.
Has its own penalty which escalates with the increase
in the number of convictions. The penalty is for the
felony committed plus for the habitual delinquency, the
total of which should not be more than 30 years.
(Boado)
Quasi-recidivism is penalized in addition to habitual
delinquency (as provided in Art. 160: “besides the
provisions of Rule 5 of Art. 62”. The effect is to
penalize the convict with the maximum period for the
new felony committed plus the penalty for the original
conviction plus the penalty for the habitual
delinquency. If (1) in the service of the first
conviction, he reached the age of 70, or (2) he shall
complete the service of the original conviction after
that age, he shall be pardoned, unless he is a
habitual criminal or his conduct or other
circumstances show that he is not worthy of pardon.
(Boado)
Offender, within a span of 10 years from date of
release or last conviction, is found guilty of the
following crimes FOR THE THIRD TIME or more:
(FRETSeL)
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. (Art.
160)
•
•
•
•
•
•
Falsification
Robbery
Estafa
Theft
Serious Physical Injury
Less Serious Physical Injury
** There must be at least three convictions in a span
of 10 years. (v. recidivism where only a second
conviction is necessary)
Habitual delinquency prescribes if the time limit
between convictions is exceeded.
LIST OF FELONIES – BOOK II Revised Penal Code
Title One
Title Two
Title Three
Title Four
CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS
CRIMES AGAINST THE FUNDAMENTAL
LAWS OF THE STATE
CRIMES AGAINST PUBLIC ORDER
CRIMES AGAINST PUBLIC INTEREST
Crimes against national security.
1.
2.
3.
4.
Treason. (Art. 114)
Conspiracy and proposal to commit treason. (Art.
115)
Misprision of treason. (Art. 116)
Espionage. (Art. 117)
Crimes against the law of nations.
1.
2.
3.
4.
5.
Inciting to war or giving motives for reprisals. (Art.
118)
Violation of neutrality. (Art. 119)
Correspondence w i t h hostile country. (Art. 120)
Flight to enemy's country. (Art. 121)
Piracy in general and mutiny on the high seas or in
Philippine waters. (Art. 122)
1.
2.
Arbitrary detention. (Art. 124)
Delay in the delivery of detained persons to the
proper judicial authorities. (Art. 125)
3. Delaying release. (Art. 126)
4. Expulsion. (Art. 127)
5. Violation of domicile. (Art. 128)
6. Search warrants maliciously obtained and abuse
in the service of those legally obtained. (Art. 129)
7. Searching domicile without witnesses. (Art. 130)
8. Prohibition, interruption, and dissolution of
peaceful meetings. (Art. 131)
9. Interruption of religious worship. (Art. 132)
10. Offending the religious feelings. (Art. 133)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
Rebellion or insurrection. (Art. 134)
Coup d’état. (Art. 134-A)
Conspiracy and proposal to commit coup d’état,
rebellion or insurrection. (Art. 136)
Disloyalty of public officers or employees. (Art. 137)
Inciting to rebellion. (Art. 138)
Sedition. (Art. 139)
Conspiracy to commit sedition. (Art. 141)
Inciting to sedition. (Art. 142)
Acts tending to prevent the meeting of Congress and
similar bodies. (Art. 143)
Disturbance of proceedings of Congress or similar
bodies. (Art. 144)
Violation of parliamentary immunity. (Art. 145)
Illegal assemblies. (Art. 146)
Illegal associations. (Art. 147)
Direct assaults. (Art. 148)
Indirect assaults. (Art. 149)
Disobedience to summons issued by Congress, its
committees, etc., by the constitutional commissions, its
committees, etc. (Art. 150)
Resistance and disobedience to a person in authority or
the agents of such person. (Art. 151)
Tumults and other disturbances of public order. (Art.
153)
Unlawful use of means of publication and unlawful
utterances. (Art. 154)
Alarms and scandals. (Art. 155)
Delivering prisoners from jails. (Art. 156)
Evasion of service of sentence. (Art. 157)
Evasion on occasion of disorders. (Art. 158)
Violation of conditional pardon. (Art. 159)
Commission of another crime during service of penalty
imposed for another previous offense. (Art. 160)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
Counterfeiting the great seal of the Government of the
Philippines, forging the signature or stamp of the Chief
Executive. (Art. 161)
Using forged signature or counterfeit seal or stamp. (Art. 162)
Making and importing and uttering false coins. (Art. 163)
Mutilation of coins, importation and uttering of mutilated coins.
(Art. 164)
Selling of false or mutilated coins, without connivance. (Art. 165)
Forging treasury or bank notes or other documents payable to
bearer, importing, and uttering of such false or forged notes and
documents. (Art. 166)
Counterfeiting, importing and uttering instruments not payable to
bearer. (Art. 167)
Illegal possession and use of forged treasury or bank notes and
other instruments of credit. (Art. 168)
Falsification of legislative documents. (Art. 170)
Falsification by public officer, employee or notary. (Art. 171)
Falsification by private individuals and use of falsified
documents. (Art. 172)
Falsification of wireless, cable, telegraph and telephone
messages and use of said falsified messages. (Art. 173)
False medical certificates, false certificates of merit or service.
(Art. 174)
Using false certificates. (Art. 175)
Manufacturing and possession of instruments or implements for
falsification. (Art. 176)
Usurpation of authority or official functions. (Art. 177)
Using fictitious name and concealing true name. (Art. 178)
Illegal use of uniform or insignia. (Art. 179)
False testimony against a defendant. (Art. 180)
False testimony favorable to the defendant. (Art. 181)
False testimony in civil cases. (Art. 182)
False testimony in other cases and perjury. (Art. 183)
Offering false testimony in evidence. (Art. 184)
Machinations in public auction. (Art. 185)
Monopolies and combinations in restraint of trade. (Art. 186)
Importation and disposition of falsely marked articles or
merchandise made of gold, silver, or other precious metals or
their alloys. (Art. 187)
Substituting and altering trademarks and trade names or service
marks. (Art. 188)
Unfair competition and fraudulent registration of trade mark or
trade name, or service mark; fraudulent designation of origin,
and false description. (Art. 189)
Title Five
Title Six
Title Seven
Title Eight
CRIMES RELATIVE TO OPIUM AND
OTHER PROHIBITED DRUGS
CRIMES AGAINST PUBLIC MORALS
CRIMES COMMITTED BY
PUBLIC OFFICERS
CRIMES AGAINST PERSONS
Provisions of Title Five were repealed by R.A. 6425 (of 1972) and
by Republic Act No. 9165, known as the "Comprehensive
Dangerous Drugs Act of 2002
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Importation of dangerous drugs and/or controlled
precursors and essential chemicals;
Sale, trading, administration, dispensation, delivery,
distribution and transportation of dangerous drugs and/or
controlled precursors and essential chemicals;
Maintenance of a dangerous drug den, dive or resort;
Being employees or visitors of a dangerous drug den, dive
or resort;
Manufacture of dangerous drugs and/or controlled
precursors and essential chemicals;
Illegal chemical diversion of controlled precursors and
essential chemicals;
Manufacture or delivery of equipment, instrument,
apparatus and other paraphernalia for dangerous drugs
and/or controlled precursors and essential chemicals;
Possession of dangerous drugs;
Possession of equipment, instrument, apparatus and other
paraphernalia for dangerous drugs;
Possession of dangerous drugs during parties, social
gatherings or meetings;
Possession of equipment, instrument, apparatus and other
paraphernalia for dangerous drugs during parties, social
gatherings or meetings;
Use of dangerous drugs;
Cultivation or culture of plants classified as dangerous
drugs or are sources thereof;
Failure to maintain and keep original records of
transactions on dangerous drugs and/or controlled
precursors and essential chemicals;
Unnecessary prescription of dangerous drugs; and
Unlawful prescription of dangerous drugs.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Gambling. (Art. 195)
Importation, sale and possession of lottery tickets or
advertisements. (Art. 196)
Betting in sport contests. (Art. 197)
Illegal betting on horse races. (Art. 198)
Illegal cockfighting. (Art. 199)
Grave scandal. (Art. 200)
Immoral doctrines, obscene publications and exhibitions.
(Art. 201)
Vagrancy and prostitution. (Art. 202)
MALFEASANCE AND MISFEASANCE IN OFFICE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Knowingly rendering unjust judgment. (Art. 204)
Rendering judgment through negligence. (Art. 205)
Rendering unjust interlocutory order. (Art. 206)
Malicious delay in the administration of justice. (Art. 207)
Dereliction of duty in prosecution of offenses. (Art. 208)
Betrayal of trust by an attorney or solicitor — revelation of
secrets. (Art. 209)
Direct bribery. (Art. 210)
Indirect bribery. (Art. 211)
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS
Art. 213. Frauds against the public treasury and similar offenses.
Art. 214. Other frauds
Art. 215. Prohibited transactions.
Art. 216. Possession of prohibited interest by a public officer.
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
1.
1.
2.
3.
4.
Malversation by appropriating, misappropriating or
permitting any other person to take public funds or
property. (Art. 217)
Failure of accountable officer to render accounts. (Art.
218)
Failure of a responsible public officer to render accounts
before leaving the country. (Art. 219)
Illegal use of public funds or property. (Art. 220)
Failure to make delivery of public funds or property. (Art.
221)
INFIDELITY OF PUBLIC OFFICERS
1.
2.
3.
Infidelity in the custody of prisoners. (Arts. 223 and 224)
Infidelity in the custody of documents. (Arts. 226 to 228)
Revelation of secrets. (Arts. 229 and 230)
OTHER OFFENSES OR IRREGULARITIES
BY PUBLIC OFFICERS
Sec. 1 – Disobedience, refusal of assistance and maltreatment of
prisoners
Sec. 2 – Anticipation, prolongation, abandonment of duties and
powers of public office
Sec. 3 – Usurpation of powers and unlawful appointments
Sec. 4 – Abuses against chastity
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
Parricide. (Art. 246)
Murder. (Art. 248)
Homicide. (Art. 249)
Death caused in a tumultuous affray. (Art. 251)
Physical injuries inflicted in a tumultuous affray. (Art. 252)
Giving assistance to suicide. (Art. 253)
Discharge of firearms. (Art. 254)
Infanticide. (Art. 255)
Intentional abortion. (Art. 256)
Unintentional abortion. (Art. 257)
Abortion practiced by the woman herself or by her
parents. (Art. 258)
Abortion practiced by a physician or midwife and
dispensing of abortives. (Art. 259)
Duel. (Art. 260)
Challenging to a duel. (Art. 261)
Mutilation. (Art. 262)
Serious physical injuries. (Art. 263)
Administering injurious substances or beverages. (Art.
264)
Less serious physical injuries. (Art. 265)
Slight physical injuries and maltreatment. (Art. 266)
Rape. (Art. 266-A) – previously classified as crime
against chastity but was now reclassified
Title Nine
Title Ten
Title Eleven
Title Thirteen
CRIMES AGAINST PERSONAL LIBERTY
AND SECURITY
CRIMES AGAINST PROPERTY
CRIMES AGAINST CHASTITY
CRIMES AGAINST HONOR
CRIMES AGAINST PERSONAL LIBERTY
1.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
2.
Kidnapping and serious illegal detention. (Art. 267)
Slight illegal detention. (Art. 268)
Unlawful arrest. (Art. 269)
Kidnapping and failure to return a minor. (Art. 270)
Inducing a minor to abandon his home. (Art. 271)
Slavery. (Art. 272)
Exploitation of child labor. (Art. 273)
Services rendered under compulsion in payment of debt.
(Art. 274)
CRIMES AGAINST SECURITY
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Abandonment of persons in danger and abandonment
of one's own victim. (Art. 275)
Abandoning a minor. (Art. 276)
Abandonment of minor by person entrusted with his
custody; indifference of parents. (Art. 277)
Exploitation of minors. (Art. 278)
Trespass to dwelling. (Art. 280)
Other forms of trespass. (Art. 281)
Grave threats. (Art. 282)
Light threats. (Art. 283)
Other light threats. (Art. 285)
Grave coercions. (Art. 286)
Light coercions. (Art. 287)
Other similar coercions — (Compulsory purchase of
merchandise and payment of wages by means of
tokens). (Art. 288)
Formation, maintenance and prohibition of
combination of capital or labor through violence or
threats. (Art. 289)
Discovering secrets through seizure of
correspondence. (Art. 290)
Revealing secrets with abuse of office. (Art. 291)
Revealing of industrial secrets. (Art. 292)
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
Robbery with violence against or intimidation of persons.
(Art. 294)
Attempted and frustrated robbery committed under
certain circumstances. (Art. 297)
Execution of deeds by means of violence or intimidation.
(Art.298)
Robbery in an inhabited house or public building or
edifice devoted to worship. (Art. 299)
Robbery in an uninhabited place or in a private building.
(Art. 302)
Possession of picklocks or similar tools. (Art. 304)
Brigandage. (Art. 306)
Aiding and abetting a band of brigands. (Art. 307)
Theft. (Art. 308)
Qualified theft. (Art. 310)
Theft of the property of the National Library and National
Museum. (Art. 311)
Occupation of real property or usurpation of real rights in
property. (Art. 312)
Altering boundaries or landmarks. (Art. 313)
Fraudulent insolvency. (Art. 314)
Swindling. (Art. 315)
Other forms of swindling. (Art. 316)
Swindling a minor. (Art. 317)
Other deceits. (Art. 318)
Removal, sale or pledge of mortgaged property. (Art.
319)
Destructive arson. (Art. 320)
Other forms of arson. (Art. 321)
Arson of property of small value. (Art. 323)
Crimes involving destruction. (Art. 324)
Burning one's own property as means to commit arson.
(Art.325)
Setting fire to property exclusively owned by the offender.
(Art. 326)
Malicious mischief. (Art. 327)
Special cases of malicious mischief. (Art. 328)
Damage and obstruction to means of communication.
(Art. 330)
Destroying or damaging statues, public monuments or
paintings. (Art. 331)
(1)
(2)
(3)
(4)
(5)
(6)
Adultery. (Art. 333)
Concubinage. (Art. 334)
Acts of lasciviousness. (Art. 336)
Qualified seduction. (Art. 337)
Simple seduction. (Art. 338)
Acts of lasciviousness with the consent of the offended
party. (Art. 339)
(7) Corruption of minors. (Art. 340)
(8) White slave trade. (Art. 341)
(9) Forcible abduction. (Art. 342)
(10) Consented abduction. (Art. 343)
(1)
(2)
(3)
(4)
(5)
(6)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Libel by means of writings or similar means. (Art. 355)
Threatening to publish and offer to prevent such
publication for a compensation. (Art. 356)
Prohibited publication of acts referred to in the course of
official proceedings. (Art. 357)
Slander. (Art. 358)
Slander by deed. (Art. 359)
Incriminating innocent person. (Art. 363)
Intriguing against honor. (Art. 364)
Title Twelve
Title Fourteen
CRIMES AGAINST THE CIVIL STATUS
OF PERSONS
QUASI OFFENSES
Simulation of births, substitution of one child for
another and concealment or abandonment of a
legitimate child. (Art. 347)
Usurpation of civil status. (Art. 348)
Bigamy. (Art. 349)
Marriage contracted against provisions of law. (Art.
350)
Premature marriages. (Art. 351)
Performance of illegal marriage ceremony. (Art. 352)
CRIMINAL NEGLIGENCE
Art. 365. Imprudence and negligence.
PROVISION
11
NO. OF
AGGRAVATING
CIRCUMSTANCE
NATURE
BASIS
1
Qualifying
Greater perversity as shown
by the motivating power
Price, Reward or Promise
REQUISITES
1. There must be 2 or more offenders:
EXCEPTIONS
If the price or reward was given without
previous promise
the one who gives or offers the price or
promise (principal by inducement)
and the one who accepts it (principal by
direct participation)
That the crime be committed in
consideration of a price, reward or
promise
2. Price, reward or promise must be for the
purpose of inducing another to perform
the deed
By Means of Inundation, Fire, etc.
Means and ways employed
1
That the crime be committed by means
of inundation, 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.
Evident Premeditation
1
That the act be committed with evident
premeditation.
Qualifying
PEOPLE v. TIMBOL different person
was killed but the offenders intended to
kill anyone who will help the victim put
up a violent resistance – considered as
aggravating circumstance.
Par. 7
Par. 12
Crime committed
Crime committed
in the occasion of
by means of
Must be alleged in the information to
qualify murder, if not, it shall be
regarded only as a generic aggravating
circumstance only (US v. Talledo and
Timbreza)
When there is no actual design to kill a
person (e.g. in committing arson and a
person dies, it is not a qualifying
circumstance for homicide. The crime is
simply arson – punishable by reclusion
perpetua)
If the offender had the intent to kill when he set
the building on fire, and the victim died as a
consequence, “by means of fire” qualifies the
crime as murder. The fire was the means to
commit the crime.
took advantage of
the incident to
commit the crime
Ways of committing the
crime
Note:
Evident premeditation
implies deliberate
planning
PEOPLE v. GUILLEN different person
killed – not considered as aggravating
circumstance.
The circumstances mentioned must be
facilitated by the offender as a means to
accomplish a criminal purpose
* Generic in
parricide (since
relationship
already qualified
the crime –
since in the
event of multiple
qualifying
circumstance,
the other
circumstances
are considered
only as generic.
(IFPESDA)
13
Qualifying
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
will
The price, reward or promise must be
the primary motivation in performing
the crime.
The price or reward must have
motivated the accused in she
committed the crime and not someone
else. (US v. Talledo and Timbreza)
(both/all are principals – since both are
affected by the reward/ price)
12
NOTES
When the attack was made in the heat of
anger or rising tempers.
Mere non-specific, indirect threats,
expression of determination, ill-feeling or
grudge without external acts (US v. Caranto)
Implied conspiracy (must be express) –
Conspiracy presupposes premeditation, but it
must be express to be appreciated.
Note: The essence of premeditation is that the
execution of the criminal act must be preceded
by cool thought and reflection upon the
resolution to carry out the criminal intent during
the space of time sufficient to arrive at a calm
judgement. Particularity on the person is not
required.
When the victim is different from the one
intended for specific attacks (but it is
considered if the offender intended to kill any
person he would encounter in the way –
People v. Timbol, US v. Manalinde)
* even if there were repeated attempts to injure,
if there was no evidence to prove that there was
deliberate planning to kill, it is not considered as
aggravating.
Inherent in robbery, BUT is aggravating in
robbery with homicide if the premeditation
included the killing of the victim (not when the
killing is incidental)
Use of fire or explosion is inherent in
ARSON and not taken as an aggravating
circumstance that would increase
penalty. (Art. 320)
Use of fire or explosion or derailment is
inherent in DESTRUCTION and not
taken as an aggravating circumstance
that would increase penalty. (Art. 324)
Use of fire or explosion or derailment is
inherent in DAMAGES AND
OBSTRUCTION TO MEANS OF
COMMUNICATION and not taken as an
aggravating circumstance that would
increase penalty. (Art. 330)
Recording date and if possible, time
are essential to be computed in
considering premeditation.
External acts that determine manifest
action:
1.
2.
3.
4.
5.
Careful planning
Previous preparation (e.g.
sharpening the bolo the day prior)
A grave was prepared in an
isolated place
Repeated statements that the hour
of reckoning would come
Repeated attempts to commit the
felony
Evident premeditation may be
considered independently with the
aggravating circumstance of
price/reward – the two can co-exist.
PROVISION
14
NO. OF
AGGRAVATING
CIRCUMSTANCE
NATURE
3
Qualifying
Craft, Fraud or Disguise
BASIS
Means employed in
That (1) craft, (2) fraud, or (3) disguise
be employed.
the commission of the
REQUISITES
That craft, fraud or disguise was used to aid in
the execution of the criminal design
crime
Craft
* characterized by the
intellectual or mental means
to carry out design
Involves intellectual trickery and cunning on the
part of the accused;
Chicanery (deception) employed as a scheme;
e.g. pretending to be a person of authority or a
bona fide person doing a particular activity or
pretending to achieve a particular goal to invite
the victim
Fraud
EXCEPTIONS
Craft:
- when it partakes of an element of the
offense (inherent)
- where the offender did not exert an
effort to camouflage his true intentions
NOTES
** Difference between craft and fraud:
Craft - involves intellectual trickery in
order not to arouse suspicion
Fraud - involves insidious words or
machinations for direct inducement
Disguise:
- when the disguise subsequently fell
during the commission of the crime
- where the device was not used to
conceal identity
Insidious word or machinations used to induce
the victim to act in a manner which would
enable the offender to carry out his design.
e.g. inducing victims to give up their arms upon
a promise that no harm would come to them;
inducing victim to go to the lower story of the
building where wine was stored; luring a girl to
go with the offender to look for her sister.
Disguise
resorting to any device to conceal identity
e.g. covering face with a handkerchief;
blackening his face
** the disguise must be to conceal identity to aid
in execution of the crime – not for any other
reason.
15
Superior Strength or Means to
Weaken Defense
Means and ways
2
Specific
Qualifying
That (1) advantage be taken of superior
strength, or (2) means be employed to
weaken the defense
“Advantage be taken”
employed in the
commission of the
crime
Superior strength:
- There was deliberate intent to take
advantage of superior strength
- That there is evidence of relative physical
strength and notorious inequality of forces
(age, sex, size)
Art. 6 -Band
Art. 15
- The purpose is to overpower
(en cuadrilla)
At least 4 men
All armed
Superiority of
strength of the
aggressors vs.
the victim, not
the number or
the fact of being
armed, is
considered.
Abuse of superiority absorbs cuadrilla –
band should not be treated separately
and distinct from abuse of superior
strength.
Weaken defense:
The purpose is to materially weaken the
victim’s resisting power
e.g.
- throwing a cloak over the head of the
offended party
- casting sand or dirt upon the victim’s eyes
- intoxicating the offended party
o if the intoxicated state of the offended
party made resistance impossible,
treachery may be considered (People
v. Ducusin)
Superior strength:
- The attack was due to passion and
obfuscation
- Quarrel arouse unexpectedly
- When the attacks were made by all the
accused on the victim alternately, one
after the other
- Inherent in the crime of parricide (it is
generally accepted that the husband is
stronger than the wife; sex is also
inherent in parricide.)
- If the victim was armed with a revolver
and the three offenders were each
carrying a bolo. The court ruled that the
strength was balanced. (People v.
Antonio)
- When one acted as principal and the
others as accomplices. (it would be
inconsistent to consider this as
aggravating; must have acted together.)
Applicable only to crimes against
persons
Superior strength and means to weaken
defense are absorbed in the
circumstance of treachery
In relation to number of aggressors,
- Multiple aggressors are not
considered unless there is
evidence of relative strength of the
aggressors.
- Considered if the aggressors were
o armed and the victim was
unarmed (People v. Caroz,
People v. Tandoc, People v.
Verzo)
o when the offenders used a
powerful weapon, which is
out of proportion to the
defense available to the
offended party (People v.
Padilla)
PROVISION
16
NO. OF
AGGRAVATING
CIRCUMSTANCE
NATURE
1
Specific
Means and ways
Qualifying
employed in the
BASIS
REQUISITES
EXCEPTIONS
Treachery
That the act be committed with
treachery (alevosia).
commission of the
crime
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 ensure
its execution, without risk to himself
arising from defense which the
offended party might make.
1.
That at the time of the attack, the victim
was not in a position to defend himself
2.
That the mode of attack be consciously
adopted by the offender (deliberately
sought or chosen)
from Boado:
Applicable only to crimes against
persons.
The treacherous character of the
means does not depend upon the
result thereof but upon the means itself
– even if the crime was not
consummated, tracheary may exist.
Crime perpetrated by frontal
encounter - as evidenced by wounds
on the front part of the body. (except
when there was evidence that the
victim was able to defend himself)
•
Cases involving accidents, chance
encounters or spurs of the moment;
casual meeting and impulsive attack
(not deliberately sought)
Special in
serious physical
injury
•
Cases attendant of negligence or
carelessness
•
Cases attendant of passion and
obfuscation or those with sufficient
provocation
•
When the attack was preceded by an
altercation or heated discussion
•
When the victim was appropriately
warned (even with a question – as
long as it warns the offended party of
the hostile attitude of the offender;
simply calling the attention of the victim
is not necessarily a warning)
Qualifying in
murder.
Example:
Victim was asleep
Victim was tied with no means to use his hands
Victim was blindfolded
Treachery means that the offended
party was not given opportunity to
make a defense
•
•
When the accused did not
camouflage his intentions
•
When the victim was already
defending himself when he was
attacked by the accused
•
•
•
NOTES
•
Treachery must be PROVED BY
CLEAR and CONVINCING
EVIDENCE. It should not be
presumed.
•
There is treachery in the killing of
a child
•
There is treachery when the
victim showed surrender or
pleaded for his life.
•
If the tracheary was obvious by
evidence (victim tied elbow to
elbow, head cut off), tracheary is
considered even if there were no
witness who saw the killing (US v.
Santos)
•
When the aggression is
continuous, treachery must be
present in the beginning of the
assault (PEOPLE v. CANETE)
When the assault was not
continuous in that there was an
interruption, it is sufficient that
treachery was present at the
moment that the final blow was
given (US v. BALUYUT)
•
It makes no difference whether
or not the victim was the same
person whom the accused
intended to kill
When the accused gave the victim a
chance to prepare
•
When the principal left to the killer as
the details on how the crime was to
be committed (treachery not
applicable to the principle by
inducement)
When there is conspiracy,
treachery applies to ALL persons
participating in the perpetration
•
Inherent in
o murder by poisoning
o treason
•
Treachery absorbs:
o Abuse of superior strength
o Aid of armed men
o By a band
o Means to weaken defense
o Nighttime (if it ensures
execution, treachery
absorbs nighttime. But if
treachery is distinctly
identified as separate, it
does not absorb nighttime)
o Craft
o Disregard of age and sex
Where the intervention of other
persons did not directly and
especially insure the execution of the
crime
PROVISION
17
NO. OF
AGGRAVATING
CIRCUMSTANCE
NATURE
1
Specific
Ignominy
Means employed to
That means be employed or
circumstances brought about which add
ignominy to the natural effects of the
act.
18
BASIS
REQUISITES
Applicable to:
•
•
•
•
commit the crime
Qualifying
Note: moral suffering
Unlawful Entry
1
Generic
Means and ways employed
to commit the crime
That the crime be committed after an
unlawful entry
crimes against chastity
less serious physical injuries
light or grave coercion
murder
When the victim is already dead.
1
Generic
Means and ways employed
to commit the crime
That as a means to the commission of
a crime, a wall, roof, floor, door, or
window be broken.
Rape in robbery with homicide is
ignominy.
When the wife was raped after the husband
was killed.
No ignominy when a man is killed in the
presence of his wife and no means to
humiliate was evident.
When an entrance is affected by a way not
breaking a door (this is covered by par.19)
e.g. entering through a window
Inherent in trespass to dwelling
dwelling and unlawful entry are TAKEN
SEPARATELY
intended for that purpose
*entrance, not escape
Breaking Wall, etc.
NOTES
Where the acts tend to make the effects of the
crime more humiliating or shameful
*disrespecting the walls
erected by men to guard
their property
19
EXCEPTIONS
When the entrance was effected as a means
to escape - Inherent in robbery with force
upon things; but it is considered in robbery
with violence against or intimidation of
person.
1.
Done as a means to the commission of
a crime
2.
That it was done as a means to effect
entrance only
wall, roof, floor, door, or window be broken;
also includes cutting canvass of a tent (US v.
Matanug)
Inherent in robbery with force upon things
Arrest by an officer, with or without a warrant
after the officer announced his authority and
purpose.
Rule 126 Sec. 7 of RRCP: a police office may
break open a door or window to execute a
warrant or liberate himself or another who is
unlawfully detained.
20
Aid of Minor or by Means of Motor
Vehicles
2
Generic
Means and ways employed
to commit the crime
That the crime he committed (1) with
the aid of persons under fifteen years of
age, or (2) by means of motor vehicles,
airships, or other similar means
21
(taking advantage of their irresponsibility)
Vehicle: That the vehicle be used to furnish a
quick means to commit the crime, flight and
concealment (going to the place of the crime,
carrying away the effects thereof and escaping)
Cruelty
1
That the wrong done in the commission
of the crime be deliberately augmented
by causing other wrong not necessary
for its commission
Minor: That the minor is under 15 years old
Specific
Ways employed in
committing the crime
Qualifying/
Generic*
Note: physical suffering (as
opposed to the moral
suffering in ignominy)
Not applicable when the vehicle was used
ONLY FOR ESCAPE.
Inherent in carnapping
When the crime is already done and the
motor vehicle was just incidental
Motor vehicles includes only motorized
vehicles, not bicycles or pedicabs.
Not considered in the crime of estafa and
theft
1.
That the injury caused be deliberately
increased by causing other wrong
When the cruelty is done on a corpse
2.
That the wrong be unnecessary for the
execution of the purpose of the offender
That there was no positive proof that the
damages seen on the victim were inflicted to
prolong his suffering
3.
Deliberate prolongation of the physical
suffering
Cruelty – when one enjoys and delights
in making his victim suffer slowly,
causing unnecessary physical pain.
Cruelty cannot be presumed. It must be
proven by evidence.
Number of wounds alone is not enough
to prove cruelty.
ARTICLE 15 – ALTERNATIVE CIRCUMSTANCES
ARTICLE 15. Their Concept. — Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the natu re 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.
The alternative circumstance of relationship shall be taken into consideration when the offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degree of the offender.
The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has committ ed 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.
CONDITION
1
MITIGATING
EXEMPTING
AGGRAVATING
NOTES
RELATIONSHIP
The alternative circumstance of
relationship shall be taken into
consideration when the offended party
is the spouse, ascendant, descendant,
legitimate, natural, or adopted brother
or sister, or relative by affinity in the
same degree of the offender. (par. 2)
In crimes AGAINST PROPERTY
1.
2.
3.
4.
ROBBERY
USURPATION
FRAUDULENT INSOLVENCY
ARSON
In crimes AGAINST PERSONS
SPOUSE – same degree (A)
ASCENDANTS – 1 (C) (adopted and
step relations included)
st
DESCENDANTS – 1st (C) (adopted and
step relations included)
LEGITIMATE, NATURAL ADOPTED
BROTHERS AND SISTERS – 2nd (C)
RELATIVES OF AFFINITY OF THE
SAME DEGREE:
1ST (A) – parents-in-law, son/daughterin-law
2ND (A) – brothers- and sisters-in-law
1.
LESS SERIOUS OR SLIGHT PHYSICAL INJURY – when the
offended party is a relative of LOWER degree
In crimes AGAINST PROPERTY
1.
2.
3.
THEFT
ESTAFA
MALICIOUS MISCHIEF
No criminal liability, only CIVIL
LIABILITY
* applicable only to:
SPOUSE
In TRESPASS TO DWELLING
“OTHER CONDITION ATTENDING ITS COMMISSION”
In relationships, it is mitigating
1.
In an attempt of the offender to control the deceased
brother-in-law during the latter’s bout of insanity (desire
to render service to a relative) without the intention of
killing him (US v. Velarde)
ASCENDANTS
In crimes AGAINST PERSONS if the offended party is a
relative of HIGHER OR SAME DEGREE (must be proven by
evidence)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
DESCENDANTS
(11)
RELATIVES BY AFFINITY IN THE
SAME LINE
(12)
BROTHERS AND SISTERS,
BROTHER-IN-LAW, SISTER-IN-LAW,
IF LIVING TOGETHER
(13)
(14)
Murder. (Art. 248)
Homicide. (Art. 249)
Death caused in a tumultuous affray. (Art. 251)
Physical injuries inflicted in a tumultuous affray. (Art. 252)
Giving assistance to suicide. (Art. 253)
Discharge of firearms. (Art. 254)
Duel. (Art. 260)
Challenging to a duel. (Art. 261)
Mutilation. (Art. 262)
Serious physical injuries. (Art. 263) aggravating –
even if the offended is a descendant
Administering injurious substances or beverages. (Art.
264)
Less serious physical injuries. (Art. 265) - when the
offended party is a relative of HIGHER or SAME
degree
Slight physical injuries and maltreatment. (Art. 266)
when the offended party is a relative of HIGHER or
SAME degree
Rape. (Art. 266-A)
“OTHER CONDITION ATTENDING ITS COMMISSION”
In relationships, it is aggravating
1.
killing the brother-in-law who is in adulterous
relationship with the offender’s wife (US v. Ancheta)
Relationship is NEITHER MITIGATING
NOR AGGRAVATING when it is
inherent to the crime:
1.
2.
3.
PARRICIDE
ADULTERY
CONCUBINAGE
When a stepparent kills a stepchild, it is
not parricide (because the relationship
is not by blood) but the relationship
aggravates the crime – even if the
offended party is of a LOWER degree
(People v. Portento)
CONDITION
MITIGATING
AGGRAVATING
NOTES
In crimes against CHASTITY – whether the offended party is of
higher or lower degree, relationship is always aggravating.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
2
INTOXICATION
If NOT HABITUAL
The intoxication of the offender shall be
taken into consideration as a mitigating
circumstance 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. (par. 3)
If NOT INTENTIONAL (subsequent to the plan to commit the felony)
Basis: Mental faculties must be
affected by drunkenness
If ACCIDENTAL
Must be proved
Requisites:
1. At the time of the commission, the offender has taken such quantity of alcoholic
beverage as to blur his reason and deprive him of certain degree of control
(diminish the agent’s capacity to know the injustice of his acts and his will to act
accordingly)
Acts of lasciviousness. (Art. 336)
Qualified seduction. (Art. 337)
Simple seduction. (Art. 338)
Acts of lasciviousness with the consent of the offended
party. (Art. 339)
Corruption of minors. (Art. 340)
White slave trade. (Art. 341)
Forcible abduction. (Art. 342)
Consented abduction. (Art. 343)
If HABITUAL – the habit must be actual and confirmed; defined as intoxication by
EXCESSIVE USE of intoxicating drinks; it is unnecessary that it be a matter of daily
occurrence.
Basis: impaired exercise of will power
In the absence of evidence to the
contrary, intoxication is presumed to be
ACCIDENTAL and not habitual, i.e.
mitigating (US v. Fitzgerald, People v.
Dacanay, People v. Dungca)
to diminish the agent’s capacity to know the injustice of his acts and his will to act
accordingly
1.
2.
If INTENTIONAL (subsequent to the plan to commit the felony) – liquor was used as a
stimulant or a means to suffocate any remorse)
- to blur his reason and deprive him of certain degree of control
Lower degree (offender) e.g. first or second grade of elementary
Even if the intoxication is not habitual, IT IS AGGRAVATING WHEN IT IS
INTENTIONAL.
Not mitigating in
1.
2.
3.
4.
CRIMES AGAINST CHASTITY
RAPE
TREASON
MURDER
LACK OF INTELLIGENCE and LACK OF KNOWLEDGE OF THE CONSEQUENCES OF
HIS ACTS (not illiteracy alone) is necessary to invoke this alternative circumstance.
Volume (e.g. one gallon of tuba
in People v. Pardo)
3.
Self-serving statement by the
offender (People v. Apduhan)
4.
If the offender was aware of
everything that occurred and he
was able to give a detailed
account thereof (People v.
Buenaflor)
There must be NO SIGNIFICANT
LAPSE OF TIME between drinking
spree and commission of the crime
(Tabones v. People)
Higher degree (offender)
Lack of intelligence must be determined
by the court (trial, not appellate)
Requisite: that the offender took advantage of his degree of education.
It cannot be considered in appeal if the
trial court did not make the finding.
(People v. Sari)
Not applicable to a city resident who knows how to sign his name (People v. Cabrito)
Applicable to almost ALL CRIMES except crimes against PROPERTY (estafa, robbery,
theft, arson – however, there have been rulings that support mitigation)
2.
Basis of habituality: it lessens the individual resistance to evil thoughts and
undermines the willpower
Intoxication, lack of instruction and
obfuscation ARE NOT TO BE TAKEN
SEPARATELY. Only taken as ONE
circumstance.
DEGREE OF INSTRUCTION AND
EDUCATION OF OFFENDER
Drinking little by little until he got
drunk based on the statement
and smelling or wine or vomiting
based on the police statement
(People v. Noble)
Witness statement that the offender drunk 12x or more (US v. McMann)
Admission that offenders drank for three hours and often had a drinking
party before they committed the crime (People v. Mabilangan)
Basis of intentionality: it bolstered the courage to commit the crime
3
1.
Proof of habituality:
2. That such intoxication is not habitual or subsequent to the plan to commit the felony
Must be proved by the prosecution
The following are NOT acceptable
evidence of intoxication:
* In crimes such as abortion by a medical practitioner, the degree of the offender has
been considered already and should not be considered as an aggravating
circumstance. (Boado)
ARTICLE 16 – PERSONS CRIMINALLY LIABLE FOR FELONIES
The following are criminally liable for grave and less grave felonies:
1.
Principals
2.
Accomplices (penalty: one degree lower)
3.
Accessories (penalty: two degrees lower)
The following are criminally liable for light felonies:
1.
Principals
2.
Accomplices (penalty: one degree lower)
When a crime is committed by many, without being equally shared by all, a different degree of responsibility is imposed
upon each of them.
** OFFICERS, not the corporation, are criminally liable. (directors, officers, employees, other officers thereof responsible
for the offense ARE LIABLE FOR THEIR ACTS IF THEY ACTED EITHER AS:
Accessories are NOT liable in LIGHT FELONIES because the individual prejudice is so small that the penal sanction is
1.
PRINCIPAL BY DIRECT PARTICIPATION
deemed not necessary.
2.
PRINCIPAL BY INDUCTION
3.
PRINCIPAL BY COOPERATION
4.
ACCOMPLICES
5.
ACCESSORY
Rules relative to light felonies:
1. Light felonies are punishable only when they have been consummated. (Art. 7)
2. But when light felonies are committed against persons or property, they are punishable even if they are only in
the attempted or frustrated stage of execution. (Art. 7)
** In the case of West Coast Life Ins. Co. v. Hurd, an official is liable when he is involved in the commission, but does
3. Only principals and accomplices are liable for light felonies. (Art. 16)
not point to the degree of participation
4. Accessories are not liable for light felonies, even if they are committed against persons or property. (Art. 16)
** In the National Internal Revenue Code Sec. 170, par. 2, the manager of the partnership is criminally liable even in
the absence of evidence of direct participation.
Active v. Passive Subject of crime
•
ACTIVE – the criminal
•
PASSIVE – the injured party – natural person, juridical person, group, State
** It is a settled rule that since a corporation or partnership can only act through its officers and their agents, the
president or manager can be held criminally liable for the violation of a law by the entity. (People vs. Lao Chio)
** Juridical persons, however, are criminally liable under certain specials laws (PECS)
** CORPSE or ANIMAL cannot be passive subjects. They have no rights that can be injured. EXCEPTION: DEFAMATION
1.
Public Service Law (C.A. No. 146)
may be committed if the imputation tends to blacken the memory of the dead.
2.
Election Code
3.
Corporation Code (B.P. Blg. 68)
4.
Securities Law
Only NATURAL PERSONS can be the active subject of the crime, because:
1.
An artificial or juridical person cannot act with malice
2.
An artificial or juridical person cannot commit a crime in which a willful or malicious intent is required
3.
An artificial or juridical person cannot be arrested
4.
An artificial or juridical person cannot be proceeded against criminally
5.
Penalties consisting of imprisonment and deprivation of liberty can be executed only against individuals
6.
There is substitution of deprivation of liberty (subsidiary imprisonment) for pecuniary penalties in case of
insolvency.
ARTICLE 17 – PERSONS CRIMINALLY LIABLE FOR FELONIES
ARTICLE 17. Principals. — The following are considered principals:
1. Those who take a direct part in the execution of the act; (PRINCIPAL BY DIRECT PARTICIPATION)
2. Those who directly force or induce others to commit it; (PRINCIPAL BY INDUCTION)
3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. (PRINCIPAL BY INDISPENSABLE COOPERATION)
* possessor of a recently stolen article is considered a principal, (Rule 131, Sec 5j, Rules of Court)
PRINCIPAL BY DIRECT PARTICIPATION
DEFINITION
Those who take a direct part in the execution of the act (par. 1)
PRINCIPAL BY INDUCTION
Those who directly force or induce others to commit it. (par. 2)
PRINCIPAL BY INDISPENSABLE COOPERATION
Those who cooperate in the commission of the offense by another act without
which it would not have been accomplished. (par. 3)
Two ways to become a principal by induction:
CONSPIRACY PRESENT
1.
By directly forcing (individual criminal responsibility)
a. By using IRRESISTABLE FORCE
b. By using UNCONTROLLABLE FEAR
2.
By directly inducing (collective criminal responsibility)
a. By giving PRICE, REWARD or PROMISE (Art. 14 par. 11)
b. By Using WORDS OF COMMAND
Directly forcing – NO
YES (with or without conspiracy)
YES
Directly inducing - YES
* In direct forcing, only the one inducing is criminally liable. The material executor
is exempt from criminal liability (Art. 12 par. 5 and 6)
REQUISITES
1.
That they participated in the criminal resolution (in
conspiracy)
2.
That they carried out their plan and personally took part in its
execution by acts which directly tended to the same end.
1.
That the inducement (persistent and positively resolute) be made
directly with the intention of procuring the commission of the
crime; and
1.
2.
That such inducement be the determining cause of the
commission of the crime by the material executor.
2.
The inducement must precede the act induced and must be so influential in
producing the criminal act that without it, the act would not have been performed
Requisites for Inducing USING WORDS AND COMMAND:
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 must 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 is not necessary when there is conspiracy.
Participation in the criminal resolution – immediately before the
commission of the crime, there is either
a.
Anterior conspiracy, or
b.
Unity of criminal purpose and intention
Cooperation in the commission of the offense by performing
another act, without which the offense would have not been
committed.
NOTES
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.
Silence is not a circumstance indicating participation in the same criminal
design.
Conspiracy transcends companionship. Mere companions are not
necessarily conspirators.
Conspiracy arises on the very instant the plotters agree, expressly or
impliedly, to commit the felony and forthwith decide to pursue it.
PROOF OF CONSPIRACY:
•
•
•
•
Interlocking extrajudicial confessions of several accused
Testimony of one of the accused who was discharged and made
witness against his co-accused.
Two or more extrajudicial confessions given separately,
untainted by collusion, and which tally with one another in
all material respects – admissible as evidence of
conspiracy.
Proof of previous formal agreement and decision to commit is
not necessary. What is essential is that they acted in concert.
UNITY OF PURPOSE/ INTENTION is shown in
•
•
•
•
Spontaneous agreement at the moment of commission
Active cooperation by all offenders in the perpetration’
Contributing by positive acts to the realization of a common
criminal intent
Presence during the commission of the crime by a band and
lending moral support thereto
Participation in criminal resolution is essential in being a co-principal.
People v. Ortiz and Zausa – Ortiz pointed a shotgun at Sotero
Bancoyo who was asking for some water. Modesta Zausa, upon seeing
the aggressive stance of Ortiz and when Sotero and Ortiz where
struggling for the shotgun, took a spear and attacked Sotero by
stabbing him on the left side of the abdomen (intestines protruded
after). Sotero died that night of peritonitis. Ortiz was acquitted because
he did not take part in the commission of the crime. There was no plan
or agreement to commit the crime.
Conspiracy are shown by circumstances prior to the commission of
the crime.
People v. Timbol – Gregorio, Carmelino, Dalmacio (all surnamed
Timbol and Geronimo Buan accused of direct assault of an agent of
authority with murder. Gregorio shot Capt. Olivas and then De Leon.
Buan shot Gonzales. Carmelino stood by the door holding teargas to
forestall any help that may come. Dalmacio left the room upon seeing
the threatening stance of his confederates.
Prior to the commission of the crime, the accused met several times –
good time, orgy, drinking; Gregorio bought teargas; all of them had
loaded guns. On the day of the crime, they all occupied a room in Pikes
hotel to drink and embolden themselves with whisky, left together to go
A thoughtless expression or act, without any expectation or intention that it
would produce the result, is not an inducement to commit a crime.
Minors less than 15 years of age are easily susceptible to inducement, having
no discernment or judgement of their own.
Persons who planned a crime committed by others are guilty as principals by
inducement.
If the crime committed is not contemplated in the order given, inducement is
not material.
In principal by inducement in falsification, if the inducer provided the false
information to a mere agent tasked to fill in facts and the agent was not aware of
the falsity of the information supplied to him, only the inducer is liable. (People v.
Po Giok To)
PRINCIPAL BY INDUCEMENT
PROPOSAL TO COMMIT A
FELONY
There is inducement
There is inducement
Principal is only liable if the crime
was committed by the principal by
direct participation
Mere proposal is punishable in
cases of treason or rebellion.
Any crime
Only in treason or rebellion
Also recognized in acts of negligence – in estafa/ malversation through
falsification
to the Pasudeco offices to demand the 60-40 petition and then killed
the victims. They all left together.
Where there is conspiracy to commit a felony, ALL THE CONSPIRATORS
ARE LIABLE.
A conspirator is not liable for another’s crime which is not an object of the
conspiracy or which is not necessary and logical consequence thereof.
A person in conspiracy who DESISTED before the crime was committed by
others, is NOT CRIMIINALLY LIABLE.
When there is conspiracy, it is not necessary to ascertain the specific act of
each conspirator.
EXAMPLES
2.a. A married woman inducing her paramour to kill her husband so they can live
together freely (People v. Alcontin)
US v. Javier (rape case; forcibly taking the victim to the place where another
person raped the victim)
2.a. A person inducing another to kill the deceased and procuring a gun for its
commission (People v. Otadora)
US v. Lim Buanco (estafa case; fraudulent cashing of a check for a drawer with
insufficient funds)
2.b Father inducing his son to commit a crime (People v. Tamayo, People v.
Bautista)
CRIMINAL RESPONSIBILITY
1.
2.
COLLECTIVE CRIMINAL RESPONSIBILITY
•
When the offenders are criminally liable in the same manner and to the same extent; SAME PENALTY for ALL.
•
Who has collective responsibility?
In conspiracy
o
Principals by direct participation and principals by direct induction (except those who were forced)
o
Principals by direct participation and principals by indispensable cooperation
INDIVIDUAL CRIMINAL RESPONSIBILITY
•
3.
o
In the absence of
o
previous conspiracy
o
unity of criminal purpose and intention immediately before the commission of the crime
o
community of criminal design
QUASI-COLLECTIVE CRIMINAL RESPONSIBILITY
•
Some of the offenders of the crime are principals and the others are accomplices.
ABSORPTION PRINCIPLES, INHERENCE AND AGGRAVATING CIRCUMSTANCES
DOCTRINE OF ABSORPTION - IN ROBBERY WITH HOMICIDE, all other felonies such as rape, intentional mutilation, usurpation of authority, or direct assault with attempted homicide a re integrated into this special complex crime. This special complex crime is committed as
long as death results by reason or on occasion or robbery without reference or distinction as to the circumstances, causes or modes or persons intervening in the commission of the crime(People vs. De Leon, GR No. 179943, June 26, 2009; People vs. Jugue ta, G.R. No. 202124,
April 05, 2016).
When the elements of both robbery with homicide and robbery by using force upon thing (unlawful entry) are present, the forme r shall absorb the latter. In sum, robbery by using force upon thing committed on occasion of robbery by means of violence or intimidation shall be
integrated into the special complex crime of robbery with homicide (People vs. De Leon, GR No. 179943, June 26, 2009; People vs. Jugueta, G.R. No. 202124, April 05, 2016). But aggravating circumstances of disregard of dwelling and unlawful entry shall be both appreciated
(People vs. Lamosa, G.R. No. 74291-93, May 23, 1989).
DOCTRINE OF ABSORPTION - IF MURDER, KIDNAPPING OR ARSON COMMITTED IN FURTHERANCE OF REBELLION, they will be divested of their character as common crimes and will assume the political complexion of rebellion. Hence, rebellion absorbs these crimes
(People vs. Geronimo, G.R. No. L-8936, October 23, 1956; People vs. Hernandez, G.R. Nos. L-6025-26, July 18, 1956; Enrile vs. Salazar, G.R. No. 92163 June 5, 1990). Doctrine of absorption is applicable to coup d’etat for being a political crime because the purpose of coup
plotter is to seize or diminish state power (Gonzales vs. Abaya, G.R. No. 164007, August 8, 2006, concurring opinion by Just ice Callejo).
Membership in CPP-NPA alone will not establish political motivation behind the killing for purpose of convicting the killers for rebellion (Peo ple vs. Lovedioro, G.R. No. 112235, November 29, 1995; People vs. Solongan, G.R. No. 137182, April 24, 2003). But
membership in a liquidation squad and killing a government officer is sufficient to establish political motivation (People v. Dasig,G.R. No. 100231. April 28, 1993).
RA No. 6968 eliminated the phrases "engaging in war against the forces of the government", "committing serious violence" and “destroying property” in Article 135 of RPC. These modes of committing rebellion deleted by RA No. 6968 were used by the SC in
justifying the doctrine of absorption. The amendment of Article 135 does not affect the accepted concept of rebellion and these “overt acts of violence” are deemed “subsumed” in the provision on public and armed uprising, which is an element of rebellion in Article 134
(Regalado). Hence, the doctrine of absorption is still good. The incidents in Lovedioro case, and Solongan case happened after RA No. 6968, and yet, the SC is still applying the doctrine of absorption.
a. Sedition - Doctrine of absorption is not applicable to sedition. There is neither law nor jurisprudence which can allow the absorption of murder and kidnapping by sedition. The absorption principle in the cases of Hernandez and Geronimo cannot properly be
invoked as authority since those two cases involved rebellion and not sedition (People vs. Hadji, G.R. No. L-12686, October 24, 1963). Moreover, public and tumultuous uprising for political or social purpose, which is the essence of se dition, does not require killings,
burning of properties and extortions.
b. Incidental deprivation of liberty - If the principal intention of the offenders is to rob the victims, and the deprivation of their liberty is just incidental to the prevention o f the responding police officers from arresting them, the crime committed is robbery, which
absorbed kidnapping and serious illegal detention (People vs. Astor, G.R. Nos. L-71765-66, 29 April 1987). If the accused committed robbery, but thereafter, they detained the victims to demand additional money, a nd later forestall their capture by the police, the
crime committed is complex crime of robbery through kidnapping and serious illegal detention. The detention was availed of as a means of insuring the consummation of the robbery. The detention was not merely a matter of restraint to enable the malefactors to
escape, but deliberate as a means of extortion for an additional amount. Hence, the Astor principle is not applicable (People vs. Salvilla, G.R. No. 8616 3 April 26, 1990). If the accused committed robbery by band, but thereafter, they took one of the victims and
detained him for seven days in another place for purpose of demanding ransom, they are liable of separate crimes of robbery by band and kidnapping for ransom (People vs. Basao, G.R. No. 189820, October 10, 2012).
CRUELTY – Rape and sexual assault - Absorption rule - If the accused commits rape and acts of lasciviousness, the latter is absorbed by the former (People vs. Dy, G.R. Nos. 115236 -37, January 29, 2002). But the doctrine of absorption is not applicable to rape through sexual
assault. Inserting lighted cigarette into the genital orifice and anal orifice of the victim and raping her constitutes two counts of rape by sexual assault and rape through sexual intercourse (People vs. Crisostomo, GR No. 196435, January 29, 2014). Inserting the penis into the
mouth of the victim and into her genital orifice constitutes rape through sexual assault and organ rape (In People vs. Espera, G.R. No. 202868, O ctober 02, 2013).
RAPE, MURDER, TREACHERY, IGNOMINY AND CRUELTY - Special complex crime –Raping the victim or inserting instrument in her anal orifice after treacherously inflicting mortal wounds is not a special complex crime of rape with homicide because the original design of
the victim is kill and not to rape the victim. The crime committed is murder qualified by treachery and rape shall be regarded either as ignominy or cruelty (People vs. Laspardas, G.R. No. L-46146, Oct. 23, 1979) or sexual assault shall be treated as cruelty (People vs. Bernabe,
G.R. No. 185726, October 16, 2009).
RAPE, ILLEGAL DETENTION AND FORCIBLE ABDUCTION - If the main objective of the accused is to rape the victim, the crime committed is rape. Forcible abduction (People vs. Mejoraday, G.R. No. 102705, July 30, 1993; People vs. Almanzor, G.R. No. 124916, July 11,
2002) or illegal detention (People vs. Nuguid, G.R. No. 148991, January 21, 2004), which is incidental to the commission of rape, is absorbed. The doctrine of absorpt ion rather than Article 48 of RPC is applicable since forcible abduction or illegal detention is an indispensable
means to commit rape.
ARSON AND HOMICIDE – Absorption rule - Arson – Destructive arson is characterized as heinous crime; while simple arson under PD No. 1613 is a crime manifesting a lesser deg ree of perversity. Simple arson contemplates the malicious burning of property not included in
Article 320 of the RPC (People vs. Macabando, GR No. 188708, July 31, 2013). Burning of inhabited house or dwelling or personal property is simple arson under Section 3 of P.D. No. 1613 because it is not included in Article 320 of RPC.
If the main objective is to kill the victim in a building, and fire is resorted to as the means to accomplish such goal, the crime committed is murder only. Murder qualifie d by means of fire absorbs arson since the latter is an inherent means to commit the former (People vs. Cedenio,
G.R. No. 93485, June 27, 1994). Single act of burning the building to kill two persons constitutes compound crime of double murders (People vs. Gaffud, G.R. No. 168050, September 19, 2008).
One has deliberately set fire to a building is presumed to have intended to burn the building (People vs. De Leon, G. R. No. 180762, March 4, 2009). Since intent to burn is presumed, intent to kill must be e stablished beyond reasonable doubt. Failure to show intent to kill, the
accused shall be convicted of arson with homicide and not murder (People vs. Baluntong, G.R. No. 182061, March 15, 2010).
If the main objective is to burn the building, but death results by reason or on the occasion of arson, the crime is arson with homicide, and the resulting homicide is absorbed (People vs. Villacorta, 172468, October 15, 2008).
If the objective is to kill, and in fact the offender has already done so, and arson is resorted to as a means to cover up the killing, the offender may be convicted of two separate crimes of either homicide or murder, and arson (People vs. Cedenio, G.R. No. 93485, June 27, 1994).
ROBBERY BY USING FORCE UPON THINGS - Breaking the window of a house and taking property inside without entering constitutes theft. Breaking the window is not a circumstance that will qualify the taking into robbery by using force upon thins since this crime requires that
the breaking of window is a means to enter the building (People vs. Adorno, CA 40 O.G. 567; People vs. Jaranilla. G.R. No. L-28547, February 22, 1974). Breaking the window to commit theft is an ordinary aggravating circumstance.
Using picklock to open a locked cabinet and taking property therein is not robbery by using force upon thing. To constitute robbery by using force upon thing, the picklo ck must be used to open the building and not merely a locked furniture (US vs. Macamay, G.R. No. 11952,
September 25, 1917). Entrusted key is not a false key in robbery by using force upon thing.
USE OF EXPLOSIVE AND TREACHERY - Compound crime - The single act of rolling the hand grenade on the floor of the gymnasium which resulted in the death of victims constituted a compound crime of multiple murders (People vs. Mores, GR No. 189846, June 26, 2013).
Wherethe use of grenade render the victim defenseless, “use of explosives” shall be considered as a qualifying circumstance because this is the principal mode of attack. Thus, treachery will be relegated merely as a generic aggravating circumstance (People vs. Comadre, et al.,
G.R. No. 153559, June 8, 2004). The single act of running over the victims with a van constitutes compound crime of multiple murders (People vs. Punzalan, Jr., G.R. No. 199892, December 10, 2012).
ALLEGATION OF AGGRAVATING CIRCUMSTANCES - It is now a requirement that the aggravating or qualifying circumstances be expressly and specifically alleged in the complaint or information. Otherwise, they cannot be considered by the trial court in its judgment, even, if
they are subsequently proved during trial (Sombilon, Jr. vs. People, G.R. No. 175528, September 30, 2009). This procedural ru le has a retroactive application because of pre reo (People vs. Dadulla, G. R. No. 172321, February 9, 2011, Bersamin).
SPECIAL AGGRAVATING CIRCUMSTANCES -
Band - In robbery, band is a special aggravating circumstance under Article 295 of RPC. In robbery with homicide or rape, band is an ordinary aggravating circumstance under Article 14.
Exploitation of minor –The special aggravating circumstance of exploitation of minor under RA No. 9344is present if the accused makes use, takes advantage of, or profits from the use of children, or abuses his authority over the child or takes advantage of the vulnerabilities of
the child with abuse of confidence or induce, threaten or instigate the commission of the crime. The concept of exploitation of children is comprehensive enough to cover the circumstance of with the aid of minor under 15 years of age under RPC.
Quasi-recidivism is a special aggravating circumstance and cannot be offset by a generic mitigating circumstance (People vs. Macariola, G.R. No. L-40757 January 24, 1983).
ARTICLE 18 – ACCOMPLICES
In order that a person may be considered an accomplice, the following requisites must concur.
1
•
The principal originates the criminal design. The accomplice merely concurs with the principal in his criminal purpose.
latter in his purpose;
•
The cooperation which the law punishes is the assistance which is knowingly or intentionally given and which is not possible without previous knowledge of the criminal purpose.
*community of design - it is sufficient that there was
•
How the accomplice acquires knowledge of the criminal design
That there be community of design; that is, knowing the criminal
design of the principal by direct participation, he concurs with the
1.
2.
common purpose to commit a particular crime and
the crime committed was natural or probable consequence
of the intended crime
PEOPLE V. LARGO – principal Crispin Verzo wanted to kill Suzara (the
husband of her paramour). Verzo induced Amadeo Salazar and Gavino
Largo to load a time bomb into a PAL plane where Suzara was on
board. The bomb exploded midair and the plane crashed at sea killing
13 people. HELD: Salazar and Largo are merely accomplices – there
was no evidence that they knew of the intention to destroy the entire
plane.
•
o
When the principal INFORMS or TELLS the accomplice
o
When the accomplice SAW the criminal acts of the principal
NO KNOWLEDGE OF THE CRIMINAL DESIGN, NOT AN ACCOMPLICE.
US v. FLORES – Ciriaco Limbo of Bureau of Printing illegally sold stolen blank certificates for cattle (15 pesos per certificate) to Flores who used the said certificates for the sale of
stolen horses. Limbo is not an accomplice since he had no knowledge of the criminal design.
PEOPLE v. IBANEZ – case of Sixto (accused), Cosme (deceased) and Ireneo (stabbed Cosme with a Dagger). Sixto and Cosme were fighting. Sixto held Cosme’s neck. Ireneo
stabbed Cosme with a dagger. Sixto did not know that Ireneo would stab Cosme. HELD: Sixto was not an accomplice.
•
The accomplice intends by his acts, to commit or take part in the execution of the crime.
CARINO v. PEOPLE -Carino was charged as an accomplice for rebellion (by providing shelter to Dr. Lava – his friend who is a Huk Leader; as well as previously sending food and
cigarettes upon Dr. Lava’s requests and helping Huk members open bank accounts in the bank where he works for) HELD: Providing aid is not a requisite of rebellion (it is a requisite
of treason, but this is not the case at hand) Rebellion includes public uprising and taking up arms.
2
That he cooperates in the execution of the offense by previous or
•
simultaneous acts, with the intention of supplying material or
Like the principal by cooperation under par. 3 of Art. 17, the accomplice cooperates with the principal by direct participation. But the cooperation of an accomplice is
only necessary, not indispensable.
moral aid in the execution of the crime in an efficacious way
However, if there is conspiracy between two or among several persons, even if the cooperation of one offender is only necessary, the latter is also a principal by conspiracy. The
nature of the cooperation becomes immaterial.
MATERAL AID – external act
MORAL AID – advice, encouragement, agreement
•
Cooperation by accomplice
1.
By previous acts
o
2.
•
Lending a gun; Pharmacist furnishing the principal (rapist) with a sedative (US v. Flores)
By simultaneous acts
o
Holding the hands of the victim while the principal attacks – WITHOUT PREVIOUS AGREEMENT OR UNDERSTANDING (People v. Escarro)
o
Holding the victim’s companion to prevent him from helping the victim – WITH NO CONSPIRACY AMONG THEM (People v. Crisostomo)
The cooperation of an accomplice is not due to a conspiracy.
People v. Francisco – Francisco (Mayor of Cordon, Isabela) and companions Bergamo, Badua, Basalla and Tagasa took Ricardo Corpus for detention at t he Phil. Constabulary
detachment, but the PC refused. Thereafter, Corpus disappeared. Evidence showed that only Francisco knew of the criminal inte nt of kidnapping. The companions are not principals,
but merely accomplices.
•
The accomplice merely supplies the principal with material or moral aid without conspiracy with the latter
•
If the killer used another weapon instead of the weapon provided/ lent, the lender is not liable as an accomplice.
People v. Dela Cerna – Sulpicio gave Serapio a carbine – for the shooting of Rafael, but Serapio shot Casiano (deceased), not Rafael. Sulpicio is not liable as an accomplice for the
killing of Casiano.
•
The wounds inflicted by an accomplice in crimes against persons should not have caused the death of victim.
Note: if the accused inflicted a mortal wound to the victim
•
he is a PRINCIPAL BY DIRECT PARTICIPATION.
Being present and giving moral support when a crime is being committed will make a person responsible only as accomplice in the crime committed.
However, absent knowledge of the criminal purpose of the principal, giving aid or encouragement, either morally or materially, in the commission of the crime, mere presence at the
scene of the crime does not make one an accomplice.
3
That there be a relation between the acts done by the principal and
•
But the complicity which is penalized requires a certain degree of cooperation whether moral, — through advice, encouragement, or agreement, or material, — through external acts.
•
There must be a relation between the criminal act of the principal and the act of the one charged as accomplice.
People v. Dela Cruz – brother of the young lady would was attacked by an assailant decided to vindicate her sister and went to the house of the assailant to kill him using a gun.
those attributed to the person charged as accomplice.
Without his knowledge, his sister also went to the house of the assailant to avenge herself – stabbing him with a pen knife, causing mortal wound. As the assailant went outside the
house, the brother shot the assailant. There was no conspiracy between the siblings. The brother is not an accomplice to his sister.
•
An accomplice may be liable for a crime different from that which the principal committed.
Accomplices are those who are NOT PRINCIPALS but cooperate in the execution of the offense by PREVIOUS OR SIMULTANEOUS ACTS.
Accomplices KNOW OF THE CRIMINAL DESIGN of the principal and he cooperates knowingly and intentional in a manner which is not indispensable to the commission of the crime.
Mere presence in the scene of the crime does NOT of itself constitute a simultaneous act of cooperation sufficient to make one an accomplice.
Accomplices participate in the execution of the offense, which bore a relation to the acts done by the principal SANS A CONSPIRACY (People v. Lacao)
Conspiracy
•
It is immaterial whether appellant acted as a principal or as an accomplice because the conspiracy and his participation therein have been established. In conspiracy, the act of one is the act of all and the conspirators shall be held equally liable for the crime
(People vs. Siongco, G.R. No. 186472, July 5, 2010).
•
Conspiracy is not a requirement for he is not a principal but SUPPLIES MATERIAL OR MORAL AID to the principal in an efficacio us way.
EXAMPLE: Lending weapon such a gun to a killer for purpose of killing a specific person such as Pedro is an act of accomplice. But if the killer used the weapon in killing a different person such as Juan, the lender is not liable as an accomplice. To be held liable as an accomplice,
it is important that that he knows and concurs in the criminal design of the principal (community of design) and participates before or during the commission of the crime by supplying moral or material aid in an efficacious way. In this case, the lender concurred in the killing of
Pedro but not Juan. Hence, he is not liable as an accomplice. If the killer used another weapon such as knife instead of the gun bo rrowed in killing Pedro, the lender is not liable as an accomplice. Although the lender concurred in the killing of Pedro, he did not supply the killer
material or moral aid in an efficacious way since the weapon used is not the one borrowed from him.
CONSPIRATOR
ACCOMPLICE
Know and agree with the criminal design
They themselves have decided the course of action for the criminal intention
They come to know about the design AFTER the principals have decided, and
only then did they agree to cooperate
Decides that a crime be committed, how it should be committed
Merely concurs
Authors of the crime
Instruments who perform acts NOT ESSENTIAL to the perpetration of the offense
Lookout
•
Considered as an ACCOMPLICE if he was not a part of a conspiracy but participates ONLY AFTER SUCH DECISION TO COMMIT THE CRIME WAS REACHED. The lookout merely was an INSTRUMENT.
•
Considered as a PRINCIPAL if he was a CO-CONSPIRATOR deciding the course of action to be taken. The lookout was a CO-AUTHOR OF THE CRIME.
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 t o its commission in any of the following manners:
1.
By profiting themselves or assisting the offender to profit by the effects of the crime.
2.
By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery.
3.
By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abu se 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.
An accessory DOES NOT PARTICIPATE IN THE CRIMINAL DESIGN (principal), NOR COOPERATE IN THE COMMISSION OF THE FELONY (accomplice) BUT WITH KNOWLEDGE OF THE COMMISSION OF THE CRIME, HE TAKES PART IN THE THREE WAYS
MENTIONED IN THE PROVISION. THE ACT MUST BE SUBORDINATE (to the principal) and SUBSEQUENT (to the commission of the crime by the principal/ accomplice)
1
HAVING KNOWLEDGE
In the absence of positive proof, direct and circumstantial, of his knowledge that the goods were of illegal origin, the accused cannot be held criminally responsible as
accessory. (People v. Labrador).
Unexplained possession of stolen articles is sufficient evidence to convict one of theft is not applicable where the principal or author of the robbery has already been
convicted and where there is no proof that the alleged accessory knew of the commission of the crime and that he profited himself by its proceeds. (People v. Racimo)
Note: If there has been no one convicted as the thief, the possessor should be prosecuted as principal of the crime of theft.
Entertaining suspicion that the carabao was a stolen object, is not of itself proof of knowledge that a crime has been committed.
'Suspicion' is defined as being the imagination of the existence of something without proof, or upon very slight evidence, or u pon no evidence at all." (Cook vs. Singer)
Knowledge of the commission of crime may be acquired subsequent to the acquisition of stolen property
US V. MONTANO - The robbers took and carried away carabaos belonging to another. These animals were found in the possession of A who acquired them without
knowing that they had been illegally taken. When the owners of the carabaos informed A that they were illegally deprived of their animals, A demanded the payment of onehalf of what he had paid for them. The owners promised to come back with the money. When the owners came back, A informed them that he had returned the animals to
the persons from whom he had bought them. Held: To declare the accused guilty as accessory, it is not necessary that he should have acquired the property, knowing
at that time that it had been stolen. It is sufficient that after acquiring that knowledge, he concealed or disposed of the property, thereby depriving the owner
thereof.
Knowledge of the commission of crime may be established by circumstantial evidence.
People vs. Dalena - When a person knew that his co-accused had no legitimate business; that some of the goods were taken to him as early as 5:00 to 6:00 o'clock in the
morning; and that said co-accused was neither a barber nor the owner of a sari-sari store such as would induce in him a rational belief that the latter's possession of said
goods (among them barber's utensils) was legitimate; the conclusion is that he had knowledge of their illegal source.
2
COMMISSION OF THE CRIME
The crime committed by the principal must be proved beyond reasonable doubt.
People vs. Pardito - where it is doubtful whether a woman killed her husband maliciously, as it is possible that she might have acted in self-defense, the fact that their
servant took part in the burial of the deceased in a secluded place would not make the servant an accessory in parricide, an offense which was not conclusively proven.
3
WITHOUT HAVING PARTICIPATED THEREIN EITHER AS A
(self-explanatory. Review the requisites for principals and accomplices)
PRINCIPAL OR ACCOMPLICE
4
TAKE PART SUBSEQUENT TO ITS COMMISSION
Commission of the acts described in paragraphs 1 to 3 of Art. 19 must be SUBSEQUENT TO THE COMMISION OF THE CRIME. (“it” pertains to the crime)
SPECIFIC ACTS OF ACCESSORIES (par. 1 to 3)
1
By profiting themselves or assisting the offender to profit by the
effects of the crime.
Applies to ANY CRIME – provided that it is not a light felony.
1.
By profiting themselves
Example:
a.
Receiving property from another knowing that the property was stolen.
b.
Sharing in the reward given for the commission of the crime.
** reward given by the owner for finding a missing/ stolen property is not included (People v. Yatco) – it is not a criminal act.
** An accessory SHOULD NOT TAKE THE PROPERTY WITHOUT THE CONSENT OF THE PRINCIPAL.
If he took it without the consent, he is not an accessory but a PRINCIPAL in the crime of THEFT.
** When a person knowingly acquired or received property taken by the brigands (Art. 307, Revised Penal Code), the profiting is PUNISHABLE AS THE
ACT OF THE PRINCIPAL (not as an accessory)
Art. 306 - Brigandage is defined as >3 persons who formed a band of robbers – to commit:
1.
robbery in the highway
2.
kidnapping for ransom for any purpose to be attained by violence or force
Art. 307- Aiding and abetting a band of brigands – any person knowingly in any manner
1. aids, abets, protects brigands
2. gives information about the movement of police, officers of peace, US army
3. acquires or receives property taken by brigands
This is punishable by PRISION CORRECCIONAL (in its medium) up to PRISION MAYOR (in its minimum)
2.
By assisting the offender to profit by the effects of the crime.
Example:
a.
Receiving a stolen property and selling it for the thief to whom he gives the proceeds of the sale.
b.
Acting as runners or couriers in obtaining a ransom money.
** An accessory should NOT BE IN CONSPIRACY WITH THE PRINCIPAL – in this case, he is also a principal, not an accessory.
2
By concealing or destroying the body of the crime, or the effects
or instruments thereof, in order to prevent its discovery.
Applies to ANY CRIME – provided that it is not a light felony
“By concealing or destroying the body of the crime”
"Body of the crime” = "corpus delicti" = the fact of a crime having been actually committed (Black’s)
It means that a specific offense was in fact committed by someone. (People vs. Marquez)
Examples of concealing the body of the crime:
1.
LITERALLY HIDING/ BURYING THE BODY OF THE VICTIM
Those who assist in the burial of the victim of a homicide to prevent the discovery of the crime incur the responsibilities of accessories. (U.S. vs. Leal)
** In homicide or murder, it is necessary to prove that a particular person is the victim. The victim must be properly identifie d. Thus, if the body of the
victim cannot be found, the crime cannot be proved. Hence, the concealing of the body of the victim is in effect concealing the crime itself.
2.
FAKING THE REASON FOR KILLING
Furnishing the means to make it appear that the deceased was armed, by placing a weapon in his hand when already dead, and that it was necessary
to kill him on account of his resistance to the constabulary men; or making it appear that the deceased who had been arrested ran away.(U.S. vs.
Cuison)
There must be an attempt to hide the body of the crime.
”or the effects or instruments thereof,”
(EFFECTS ) A person who received personal property knowing that it had been stolen, for the purpose of concealing the same, as in fact he concealed it, is guilty of
the crime of theft as an accessory. (US v. Villaluz)
(INSTRUMENTS) A person who destroyed the ladder which he knew had been used by another in climbing the wall of the house where the latter had committed
robbery, is guilty of the same crime as accessory. The ladder is an instrument of the crime.
“ in order to prevent its discovery”
The purpose of concealing must be TO PREVENT DISCOVERY OF THE CRIME.
Simply assisting the principal in bringing the body down the house to the foot of the stairs and leaving said body for anyone to see, cannot be classified as an attempt
to conceal or destroy the body of the crime.
3
By harboring, concealing, or assisting in the escape of the principal 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
Two classes of accessories are contemplated in paragraph 3 of Article 19:
CLASS OF ACCESSORY
REQUISITES
PD 1829
The penalty of prision correccionalin its maximum period, or a fine
ranging from 1,000 to 6,000 pesos, or both, shall be imposed
upon any person who knowingly or willfully obstructs, impedes,
frustrates or delays the apprehension of suspects and the
investigation and prosecution of criminal cases by committing any
of the following acts: …
C. harboring or concealing, or facilitating the escape of, any
person he knows, or has reasonable ground to believe or suspect,
has committed any offense under existing penal laws in order to
prevent his arrest, prosecution and conviction;
PUBLIC OFFICERS
a.
The accessory is a public officer.
a.
The accessory is a private person.
b.
He harbors, conceals, or assists in the
escape of the principal.
b.
He harbors, conceals or assists in the escape of the author of the
crime.
c.
The public officer acts with abuse of his
public functions.
c.
d.
The crime committed by the principal is
any crime, provided it is not a light
felony.
The crime committed by the principal is either:
i.
treason
ii.
parricide
iii.
murder
iv.
an attempt against the life of the President, or
v.
that the principal is known to be habitually guilty of some
other crime.
"Habitually guilty of some other crime."
if a person was previously punished three times for less
serious physical injuries and now commits estafa, the
one who helps in his escape is liable as an accessory
although the accessory is a private individual. The
accessory must have knowledge of the principal being
habitually guilty of some other crime
If any of the acts mentioned herein is penalized by any other law
with a higher penalty, the higher penalty shall be imposed.
SECTION 2. If any of the foregoing acts is committed by a public
official or employee, he shall, in addition to the penalties provided
thereunder, suffer perpetual disqualification from holding public
office.
PRIVATE PERSONS
APPLICABILITY
ANY CRIME
EXAMPLE
A mayor who refused to prosecute offender is
an accessory (US v. Yacat)
LIMITED TO: “TAMPH”
Treason
Attempt against the life of the President
Murder
Parricide
Habitual criminal
EXCEPTIONS:
•
One who kept silent with regard to the crime he witnessed is not an accessory (US v. Caballeros)
HABITUAL DELINQUENT
Offender, within a span of 10 years from date of
release or last conviction, is found guilty of the
following crimes FOR THE THIRD TIME or
more: (FRETSeL)
• Falsification
• Robbery
• Estafa
• Theft
• Serious Physical Injury
• Less Serious Physical Injury
NOTES:
•
Conviction of an accessory is possible despite the acquittal of the principal, if the crime was in fact committed, but the principal was not held criminally liable, because of an exempting circumstance (Art. 12), such as insanity (par. 1) minority
(par. 2), accident (par. 4). In exempting circumstances, there is a crime committed. Hence, there is a basis for convicting the accessory.
•
Apprehension and conviction of the principal is not necessary for the accessory to be held criminally liable. Even if the principal is still unknown or at large, the accessory may be held responsible provided the requisites prescribed by law for
the existence of the crime are present and that someone committed it. (PEOPLE v. BILLON)
•
The accused cannot be held liable as accessory under paragraph 3 of Art. 19, if the principal charged with murder died before trial, because had he been alive he might have been found guilty only of homicide.
•
The accessory is accorded the opportunity to refute the evidence of the prosecution establishing the crime and the participation of the alleged principal. Upon the evidence adduced by both parties and for purposes of conviction of the accessory, the
court can make a finding as to whether the crime charged has been established and the other accused is the principal thereof, without pronouncing judgment on him. (People vs. Inovero)
•
The arraignment, trial and conviction of accessory during the pendency of a separate case against the principal are null and void. (People vs. Gaw Lin alias Juan Gaulin)
•
But when the principal is not yet apprehended, the accessory may be prosecuted and convicted.
The crime of qualified theft has been proved; the non-prosecution of the principal for the reason that his identity has not as yet been discovered, cannot serve as basis to free appellant from the liability incurred by him as an accessory after the fact.
(People vs. Ramos)
For one to be found guilty and punished as an accessory, it is not necessary that there be a principal duly convicted (Cuello Calon, Codigo Penal, Tomo I, pages 515-516, Octava Edicion). Neither the letter nor the spirit of the law requires that the
principal be convicted before one may be punished as an accessory. As long as the corpus delicti is proved and the accessory's participation as such shown, he can be held criminally responsible and meted out the corresponding penalty.
(Inovero vs. Coronel)
•
Heavy penalties for accessories in robbery and theft (purpose of the enactment of P.D. 1612). Accessory in Robbery and Theft is a PRINCIPAL in Fencing. Before P.D. 1612, a fence could only be prosecuted as an accessory. With the enactment, the
State may choose to prosecute the accused under the RPC or P.D. 1612 (preference for the latter since P.D. 1612 is a special law, i.e. malum prohibitum [Special > General]
•
PRESIDENTIAL DECREE NO. 1612 - ANTI-FENCING LAW OF 1979
SEC 1. Title. — This decree shall be known as the Anti- Fencing Law.
SEC. 2. Definition of Terms. — The following terms shall mean
as follows:
a. "Fencing" is the act 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.
b. "Fence" includes any person, firm, association, corporation or partnership
or other organization who/which commits the act of fencing.
SEC. 3. Penalties. — Any person guilty of fencing shall be punished
as hereunder indicated:
a. The penalty of prision mayor, if the value of the property involved is more
than 12,000 pesos but not exceeding 22,000 pesos; if the value of such
property exceeds the latter sum, the penalty 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. In such cases, the penalty shall be termed reclusion temporal
and the accessory penalty pertaining thereto provided in the Revised Penal
Code shall also be imposed.
b. The penalty ofprision correccional in its medium and maximum
periods, if the value of the property robbed or stolen is more than P6,000
pesos but not exceeding P12,000 pesos.
c. The penalty of prision correccional in its minimum and medium
periods, if the value of the property involved is more than P200 pesos
but not exceeding 6,000 pesos.
d. The penalty of arresto mayor in its medium period to prision
correccional in its minimum period, if the value of the property involved
is over P50 pesos but not exceeding 200 pesos.
e. The penalty of arresto mayor in its medium period if such value is over
five (5) pesos but not exceeding P50 pesos.
f. The penalty of arresto mayor in its minimum period, if such value does
not exceed P5 pesos.
SEC. 6. Clearance/Permit to Sell/Used Second Hand Articles.
— For purposes of this Act, all stores, establishments or entities dealing
in the buy and sell of any good, article, item, object or anything of value
obtained from an unlicensed dealer or supplier thereof, shall before
offering the same for sale to the public, secure the necessary clearance
or permit from the station commander of the Integrated National Police*
in the town or city where such store, establishment or entity is located.
The Chief of Constabulary/Director General, Integrated National Police**
shall promulgate such rules and regulations to carry out the provisions
of this section. Any person who fails to secure the clearance or permit
required by this section or who violates any of the provisions of the rules
and regulations promulgated thereunder shall upon conviction be
punished as fence.
SEC. 7. Repealing Clause. — All laws or parts thereof, which
are inconsistent with the provisions of this Decree are hereby repealed
or modified accordingly.
SEC. 4. Liability of Officials of Juridical Persons. — 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.
SEC. 8. Effectivity. — This Decree shall take effect upon approval.
Done in the City of Manila, this 2nd day of March, in the year of
Our Lord, nineteen hundred and seventy-nine.
SEC. 5. Presumption of Fencing. — 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.
(Sgd.) FERDINAND E. MARCOS
President of the Philippines
PRINCIPAL
ACCOMPLICE
ACCESSORY
DIRECT PARTICIPATION
YES
NO
NO
INDUCEMENT
YES
NO
NO
COOPERATION IN THE
COMMISSION OF THE CRIME
YES
YES
NO
COMMISION OF THE ACT IN
RELATION TO THE CRIME
CONSPIRACY
KNOWLEDGE OF THE CRIME
SIMULTANEOUS/ PRIOR
SIMULTANEOUS/ PRIOR
SUBSEQUENT
YES/ NO*
NO
merely concurring
NO
YES
YES
YES
PRESIDENTIAL DECREE No. 1829 - PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS
WHEREAS, crime and violence continue to proliferate despite the
sustained vigorous efforts of the government to effectively contain
them;
WHEREAS, to discourage public indifference or apathy towards the
apprehension and prosecution of criminal offenders, it is necessary
to penalize acts which obstruct or frustrate or tend to obstruct or
frustrate the successful apprehension and prosecution of criminal
offenders;
NOW, THEREFORE, I, FERDINAND, E. MARCOS, President of
the Philippines, by virtue of the powers vested in me by law do
hereby decree and order the following:
Section 1. The penalty of prision correccional in its maximum
period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall
be imposed upon any person who knowingly or willfully obstructs,
impedes, frustrates or delays the apprehension of suspects and the
investigation and prosecution of criminal cases by committing any
of the following acts:
(a) preventing witnesses from testifying in any criminal proceeding
or from reporting the commission of any offense or the identity of
any offender/s by means of bribery, misrepresentation, deceit,
intimidation, force or threats;
(b) altering, destroying, suppressing or concealing any paper,
record, document, or object, with intent to impair its verity,
authenticity, legibility, availability, or admissibility as evidence in
any investigation of or official proceedings in, criminal cases, or to
be used in the investigation of, or official proceedings in, criminal
cases;
(c) harboring or concealing, or facilitating the escape of, any
person he knows, or has reasonable ground to believe or suspect,
has committed any offense under existing penal laws in order to
prevent his arrest prosecution and conviction;
(d) publicly using a fictitious name for the purpose of concealing a
crime, evading prosecution or the execution of a judgment, or
concealing his true name and other personal circumstances for the
same purpose or purposes;
(e) delaying the prosecution of criminal cases by obstructing the
service of process or court orders or disturbing proceedings in the
fiscal's offices, in Tanodbayan, or in the courts;
(f) making, presenting or using any record, document, paper or
object with knowledge of its falsity and with intent to affect the
course or outcome of the investigation of, or official proceedings
in, criminal cases;
(g) soliciting, accepting, or agreeing to accept any benefit in
consideration of abstaining from, discounting, or impeding the
prosecution of a criminal offender;
(h) threatening directly or indirectly another with the infliction of
any wrong upon his person, honor or property or that of any
immediate member or members of his family in order to prevent
such person from appearing in the investigation of, or official
proceedings in, criminal cases, or imposing a condition, whether
lawful or unlawful, in order to prevent a person from appearing in
the investigation of or in official proceedings in, criminal cases;
NOTE: THE EXEMPTION (i.e. SADLNABSRASD relatives have no criminal liability as accomplices) IN RPC ART. 20 DOES NOT APPLY TO P.D. 1829.
(i) giving of false or fabricated information to mislead or prevent
the law enforcement agencies from apprehending the offender or
from protecting the life or property of the victim; or fabricating
information from the data gathered in confidence by investigating
authorities for purposes of background information and not for
publication and publishing or disseminating the same to mislead
the investigator or to the court.
If any of the acts mentioned herein is penalized by any other law
with a higher penalty, the higher penalty shall be imposed.
Section 2. If any of the foregoing acts is committed by a public
official or employee, he shall in addition to the penalties provided
thereunder, suffer perpetual disqualification from holding public
office.
Section 3. This Decree shall take effect immediately.
Done in the City of Manila, this 16th day of January, in the year
of Our Lord, nineteen hundred and eighty-one
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, wit h the single
exception of accessories falling within the provisions of paragraph 1 of the next preceding article.
•
The exemption provided for in this article is based on the ties of blood and the preservation of the cleanliness of one's name, which compels one to conceal crimes committed by relatives so near as those mentioned in this article.
•
An accessory is exempt from criminal liability WHEN THE PRINCIPAL IS HIS:
SPOUSE
ASCENDANT (1st C)
DESCENDANT (1st C)
LEGITIMATE, NATURAL, ADOPTED BROTHERS AND SISTERS (2nd C)
RELATIVES BY AFFINITY WITHIN THE SAME DEGREE (1 st A – parents-is-law, son/daughter-in-law; 2nd A – brothers/sisters-in-law) - nephew or niece not included among such relatives
•
It is not necessary that all the principals are his relatives (enumerated in Art. 20). Even if only some of the principals are his relatives, he is exempt from criminal liability. (US v. Abanzado)
•
Relationship by affinity between surviving spouse and blood relatives of the deceased spouse survives even after the death of the deceased spouse. Art. 20 applies to relatives in the enumerated degrees of affinity - even in the death of the spouse.
This same principle applies in the JUSTIFYING CIRCUMSTANCE of defense of relatives and MITIGATING CIRCUMSTANCE of immediate vindication of grave offense against a relative.
•
“with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article:” means that an accessory is not exempt from criminal liability even if the principal is related to him, if such accessory:
profited by the effects of the crime, or
assisted the offender to profit by the effects of the crime.
Rationale: the relative acted not by affection, but BY DETESTABLE GREED
•
Only accessories under paragraphs 2 and 3 of Article 19 are exempt from criminal liability if they are related to the principals.
EXAMPLES:
son who helps his father bury the body of a person whom the latter has murdered, in order to prevent its discovery;
a grandson who, having knowledge of the commission of robbery by his grandfather, conceals or destroys the body of the crime, or the effects or instruments thereof, in order to prevent its discovery;
a person who harbors, conceals, or assists in the escape of his brother who committed treason,
EXCEPTIONS:
If the accessory concealed the body of the crime to prevent the discovery of the crime (par. 2), but for the purpose of benefiting from it (e.g. hiding a stolen property for later salle for his benefit) HE IS CRIMINALLY LIABLE.
•
The money received MUST BE AN EFFECT OF THE CRIME. If the accessory received money to conceal the body of his brother’s wife who was killed by his brother, he is not criminally liable (money is not the product of
parricide)
Note: Profiting or helping the offender profit by the effects of the crime is the only case where the accessory who is related to the offender incurs criminal liability
TITLE THREE – PENALTIES Chapter I: Penalties in General
PENALTY is the suffering that is inflicted by the State for the transgression of law.
The purpose of the State in punishing crimes is TO SECURE JUSTICE. Penal justice must be exercised by the State in the service and satisfaction of a duty, and rests primarily on the moral rightfulness of the punishment inflicted.
DIFFERENT JURIDICAL CONDITIONS OF PENALTY
These are the juridical conditions of penalty according to the classical school on which the Code is mainly based
Penalty MUST BE:
PRODUCTIVE OF SUFFERING
Without having affecting the integrity of the human personality
COMMENSURATE WITH THE OFFENSE
Different crimes must be punished with different penalties
PERSONAL
No one should be punished for the crime of another
LEGAL
It is the consequence of a judgement according to law
CERTAIN
No one may escape its effects
EQUAL FOR ALL
CORRECTIONAL
THEORIES JUSTIFYING PENALTY
PREVENTION
The State must punish the criminal to prevent or suppress the danger to the State arising from the criminal acts of the offender
SELF-DEFENSE
The State has a 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
REFORMATION
The object of punishment in criminal cases is to correct and reform the offender
EXEMPLARITY
The criminal is punished to serve as an example to deter others from committing crimes
JUSTICE
That crime must be punished by the State as an act of retributive justice, a vindication of absolute right and moral law violated by the criminal
** Social defense and Exemplarity justify death penalty (People v. Carillo)
THREE-FOLD PURPOSE OF PENALTY
RETRIBUTION OR EXPIATION
The penalty is commensurate with the gravity of the offense.
CORRECTION OR REFORMATION
as shown by the rules which regulate the execution of the penalties consisting in deprivation of liberty.
SOCIAL DEFENSE
shown by its inflexible severity to recidivists and habitual delinquents
The Constitution directs that "excessive fines shall not be imposed, nor cruel and unusual punishment inflicted."
** The punishment is "cruel and unusual" when it is so disproportionate to the offense committed as to shock the moral sense of all reasonable men as to what is right and proper
Neither fines nor imprisonment constitute in themselves cruel and unusual punishment, for the constitutional stricture has been interpreted as referring to penalties that are inhuman and barbarous, or shocking to the conscience (Weems vs. U.S.)
ARTICLE 21 – PENALTIES THAT MAY BE IMPOSED
No felony shall be punishable by any penalty not prescribed by law prior to its commission.
•
Art. 21 is not a penal provision. It simply announces the policy of the State as regards punishing crimes: It prohibits the Government from punishing any person for any felony with any penalty which has not been prescribed by the law.
Nullum crimen nulla poena sine lege.
•
The provisions of Art. 21 can only 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 - While the case was pending trial, Act No. 1732 took effect. This new law provides subsidiary imprisonment for failure to pay the fine under the old law (Act No. 1189 – Internal Revenue Law. HELD: subsidiary imprisonment
cannot be lawfully imposed)
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.
** Art. 1 – This Code shall take effect on the first day of January, 1932.
•
Art. 22 is not applicable to the provisions of the Revised Penal Code
o
•
The application of Art. 22 can only be invoked where some former or subsequent law is under consideration. It must necessarily relate
1.
to penal laws existing prior to the Revised Penal Code, in which the penalty was less severe than those of the Code; or
2.
to laws enacted subsequent to the Revised Penal Code, in which the penalty is more favorable to the accused.
General rule is to give criminal laws prospective effect
EXCEPTION: to give them retroactive effect when favorable to the accused.
** Note: The exception applies to a law dealing with prescription of crime
Art. 22 applies to a law dealing with prescription of an offense which is intimately connected with that of the penalty, for the length of time for prescription depends upon the gravity of the offense. (People vs. Moran)
** REASON FOR THE EXCEPTION: The sovereign, in enacting a subsequent penal law more favorable to the accused, has recognized that the greater severity of the former law is unjust. The sovereign would be inconsistent if
it would still enforce its right under conditions of the former law, which has already been regarded by conscientious public opinion as juridically burdensome. (People vs. Moran)
** The new law may provide otherwise.
PEOPLE v. CARBALLO - On January 12,1929, the accused who had been convicted of bigamy accepted a conditional pardon extended to him by the Governor General. During that year, he committed violations of the Revised Ordinances of Manila and was convicted
thereof by final judgment on March 18, 1931. Prior to January 1, 1932, when the Revised Penal Code took effect, there was no law punishing the violation of a conditional pardon as a crime. The provisions of the Revised Penal Code cannot be given retroactive effect.
An 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 the commission of the offense;
5.
assuming to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a rightfor so mething which when done was lawful; and
6.
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. (Mejia vs. Pamaran)
•
The favorable retroactive effect of a new law may apply to the defendant in one of these three situations:
1.
The crime has been committed and prosecution begins;
2.
Sentence has been passed but service has not begun;
3.
The sentence is being carried out. (Escalante vs. Santos)
** In any case, the favorable new statute benefits him and should apply to him
•
HABITUAL CRIMINAL
•
But when the culprit is a habitual delinquent, he is not entitled to the benefit of the provisions of the new favorable statute. (People vs. Alcaraz)
•
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, robbery, theft, estafa, or falsification (FRETSL),
he is found guilty of any said crimes a third time or oftener.
•
The principle that criminal statutes are retroactive so far as they favor the culprit does not apply to the latter's civil liability, because the rights of offended persons or innocent third parties are not within the gift of arbitrary disposal of the State.
** But a new law increasing the civil liability cannot be given retroactive effect (People v. Panaligan)
•
The rule that criminal laws have retroactive effect when favorable to the accused has no application where the new law is expressly made inapplicable to pending actions or existing causes of action.
•
The provisions of this article are applicable even to special laws which provide more favorable conditions to the accused.
ART. 22
ART. 366
Art. 22. Retroactive effect of penal laws. Penal laws shall have retroactive
effect insofar as they favor the person guilty of a felony, who is not a habitual
criminal, x x x although at the time of the publication of such laws a final
sentence has been pronounced and the convict is serving the same.
Art. 366. Application of laws enacted prior to this Code. Without prejudice to the
provisions contained in Art. 22 of this Code, felonies and misdemeanors committed
prior to the date of effectiveness of this Code shall be punished in accordance with
the Code or Acts in force at the time of their commission.
Even if it is stated in Art. 366 that felonies and misdemeanors are punishable by the laws at the time of its commission prior to the RPC enactment, it should not be
the case if such Code or Acts are unfavorable to the guilty party, for the general principle on the retroactivity of favorable penal laws,
recognized in Art. 22, should then apply.
LAGRIMAS v. DIRECTOR OF PRISONS
This is a petition for habeas corpus. The petitioner slapped and use offensive language to a teacher in the public
school. The accused, now petitioner, was found guilty of assault upon a public official and sentenced to the
penalty of Art. 251 of the old Penal Code. Article 149 of the Revised Penal Code does not prescribe a penalty
for the crime penalized by Art. 251 of the old Code.
PEOPLE v. TAMAYO
The accused was convicted in the Justice of the Peace Court for the violation of Sec. 2, Municipal Ordinance No. 5, Series
of 1932, of Magsingal, Ilocos Sur. While his appeal was pending, the Municipal Council repealed Sec. 2 in question, with
the result that the act complained of was no longer a crime. The accused moved for the dismissal of the action.
Held: A person cannot be prosecuted, convicted, and punished for acts no longer criminal. The case was dismissed.
Held: The intention of the Legislature in embodying this provision of Art. 366 in the Revised Penal Code was to
insure that the elimination from this Code of certain crimes penalized by former acts before the enforcement of
this Code should not have the effect of pardoning guilty persons who were serving their sentences for the
commission of such crimes. Petition denied
In the Lagrimas case, the Legislature reenacted in the Revised Penal Code the provision of Art. 251 of the old
Penal Code, with the difference that Art. 149 of the Revised Penal Code does not punish an assault upon a
public-school teacher. If this is the case, Art. 149 of the Revised Penal Code did not absolutely repeal Art.
251 of the old Code.
On the other hand, in the Tamayo case, the repeal (completely eliminating Section 2 of the Ordinance under which
the accused was being prosecuted) was absolute.
** no saving clause in the repealing statute.
** Criminal liability under former law is obliterated when the repeal is absolute.
•
Criminal liability under the repealed law subsists: (U.S. vs. Cuna)
(1) When the provisions of the former law are reenacted; or
(2) When the repeal is by implication; or
(3) When there is a saving clause.
•
The jurisdiction of a court to try a criminal action is to be determined by the law in force at the time of instituting the action, not at the time of the commission of the crime. (People vs. Romualdo)
•
The jurisdiction of the courts in criminal cases is determined by the allegations of the complaint or information, and not by the findings the court may make after trial. (People vs. Mission)
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 of this Code
•
Even if the injured party already pardoned the offender, the fiscal can still prosecute the offender.
Such pardon by the offended party is not even a ground for the dismissal of the complaint or information.
•
A crime committed is an offense against the State. In criminal cases, the intervention of the aggrieved parties is limited to being witnesses for the
prosecution. (People vs. Despavellador)
•
Only the Chief Executive can pardon the offenders.
•
Compromise does not extinguish criminal liability.
•
There may be a compromise upon the civil liability arising from an offense; but such compromise shall not extinguish the public action for the
imposition of the legal penalty. (Art. 2034, Civil Code)
The offended party in the crimes of adultery and concubinage cannot institute criminal prosecution, if he shall have consented or pardoned the offenders. (Art.
344, par. 2)
•
The pardon here may be implied, as continued inaction of the offended party after learning of the offense.
•
The second paragraph of Art. 344 requires also that both offenders must be pardoned by the offended party. (People vs. Infante)
•
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, grandparents, or guardian, as the case may be. The pardon here must be express.
o
o
o
o
but civil liability with regard to the interest of the injured party
is extinguished by his express waiver
SEDUCTION
ABDUCTION
RAPE
ACTS OF LASCIVIOUSNESS
•
The pardon afforded the offenders must come before the institution of the criminal prosecution IN A COMPETENT COURT. (People vs. Infante)
o
For the aforementioned crimes, a motion to dismiss based solely on the pardon by the offended party, given after the filing of the complaint,
will be denied by the court.
o
The only act that, according to Art. 344, extinguishes the penal action after the institution of criminal action, is the marriage (valid)
between the offender and the offended party.
•
Under Art. 344, the pardon by the offended party does not extinguish criminal liability; it is only a bar to criminal prosecution.
•
An offense causes two classes of injuries:
SOCIAL INJURY
PERSONAL INJURY
produced by the disturbance and alarm which are the outcome
of the offense
caused to the victim of the crime who suffered damage either to
his person, to his property, to his honor or to her chastity
repaired through the imposition of the corresponding
penalty
repaired through indemnity; is civil in nature, the offended party
may waive it and the State has no reason to insist in its payment.
The waiver must be express.
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.
•
"As well as their detention by reason of insanity or imbecility."
This paragraph does not refer to the confinement of an insane or imbecile who has not been arrested for a crime. It refers to "accused persons" who are detained "by reason of insanity or imbecility." The word "their" in the second
clause of paragraph No. 1, refers to "accused persons" in the first clause.
•
They are not penalties, because they are not imposed as a result of judicial proceedings.
•
Those mentioned in paragraphs Nos. 1,3 and 4 are merely preventive measures before conviction of offenders
•
The "fines" mentioned in paragraph 4 SHOULD NOT BE imposed by the court, because when imposed by the court, they constitute a penalty.
ARTICLE 25 – PENALTIES WHICH MAY BE IMPOSED (Classification of Penalties)
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
Reclusion Perpetua
Reclusion Temporal
Perpetual or Temporary Absolute Disqualification
Perpetual or Temporary Special Disqualification
Prision Mayor
CORRECTIONAL PENALTIES
Prision Correcional
Arresto Mayor
Suspension
Destierro
LIGHT PENALTIES
Arresto menor
Public censure
PENALTIES COMMON TO THE THREE PRECEEDING CLASSES
Fine
Bond to keep the peace
ACCESSORY PENALTIES
Perpetual or temporary absolute disqualification,
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.
4. The loss of all rights to retirement pay or other pension for any office formerly held
* If temporary, par. 2 and 3 shall last during the term of the sentence. (Art. 30)
Perpetual or temporary special disqualification
A. For public office, profession or calling shall produce the following effects: 1) The deprivation, 2) disqualification (Art. 31)
B. For the exercise of the right of suffrage: deprivation of right 1) to vote in any popular election for any public office; 2) to be elected to such office; 3) to hold any public office during the
period of his disqualification (Art. 32)
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
Disqualification from holding such office (or any other office with similar function) or exercising such profession or calling or right of suffrage during the term of the sentence (Art. 33)
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. (Art. 34)
•
Art. 25 must be construed LITERALLY. A penalty not included in the enumeration is considered DEFECTIVE.
A sentence of "five years in Bilibid" (U.S. vs. Avillar)
The penalty of “hard labor” (U.S. vs. Mendoza)
Life imprisonment or cadena perpetua - The correct term is reclusion perpetua. The penalty of cadena perpetua was abolished by the Revised Penal Code (People vs. Abletes)
•
The Revised Penal Code does not prescribe the penalty of life imprisonment (i.e. lifetime) for any of the felonies therein defined, that penalty being invariably imposed for serious offenses penalized not by the Revised Penal Code but by special
law.
Reclusion perpetua entails imprisonment for at least thirty (30) years after which the convict becomes eligible for parole. It also carries with it accessory penalties, namely: perpetual special disqualification, etc. It is not the same as life
imprisonment which, for one thing, does not appear to have any definite extent or duration. (People vs. Penillos)
Under R.A. No. 7659, the duration of reclusion perpetua is now from 20 years and 1 day to 40 years.
•
Republic Act No. 9346 prohibited the imposition of the death penalty. Reclusion perpetua in lieu of death.
•
This article classifies penalties into:
Principal penalties — those expressly imposed by the court in the judgment of conviction.
Accessory penalties — those that are deemed included in the imposition of the principal penalties.
PRINCIPAL PENALTIES
ACCORDING TO DIVISIBILITY
DIVISIBLE
Reclusion Temporal
have fixed duration and are divisible into three periods.
Prision Mayor
Prision Correcional
Arresto Mayor
Arresto menor
INDIVISIBLE
Death
have no fixed duration
Reclusion Perpetua
Perpetual absolute or special disqualification
Public Censure
ACCORDING TO SUBJECT-MATTER
Corporal (death)
Deprivation of freedom (reclusion, prision, arresto).
Restriction of freedom (destierro).
Deprivation of rights (disqualification and suspension).
Pecuniary (fine).
ACCORDING TO GRAVITY
CAPITAL
Death
AFFLICTIVE
Reclusion Perpetua
Reclusion Temporal
Perpetual or Temporary Absolute Disqualification
Perpetual or Temporary Special Disqualification
Prision Mayor
CORRECTIONAL
Prision Correcional
Arresto Mayor
Suspension
Destierro
LIGHT
Arresto menor
Public censure
•
In a criminal case, there is only one issue, viz.: whether the accused is guilty or not guilty. If he is found guilty, the court acquires jurisdiction to impose a penalty; if he is found not guilty, no court has the power to mete out punishment; a finding of guilt
must precede the punishment.
•
Censure, being a penalty, is not proper in acquittal.
•
A competent court, while acquitting an accused, may permit itself nevertheless to criticize or reprehend his acts and conduct in connection with the transaction out of which the accusation arose. The
court may, with unquestionable propriety, express its disapproval or reprehension of those acts to avoid the impression that by acquitting the accused it approves or admires his conduct.
•
Perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, and suspension may be principal or accessory penalties, because they are formed in the two general classes.
ARTICLE 26 – FINES
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 1,2000,000 pesos; a correctional penalty, if it does not exceed 1,2000,000 pesos but is not less than
40,000 pesos; and a light penalty, if it be less than 40,000 pesos.
FINE
BOND TO KEEP PEACE
if it exceeds 1,2000,000 pesos
AFFLICTIVE
if it exceeds 1,2000,000 pesos
does not exceed 1,200,000 pesos but is not less than 40,000 pesos
CORRECTIONAL
does not exceed 1,2000,000 pesos but is not less than 40,000 pesos
less than 40,000 pesos
LIGHT
less than 40,000 pesos
“whether imposed as a single or as an alternative penalty”
Fines may be imposed as an alternative penalty or single penalty:
ALTERNATIVE PENALTY - arresto mayor or a fine ranging from P40,000 to 1,200,000
SINGLE PENALTY - fine of P40,000 to 1,200,000
The law does not permit any court to impose a sentence in the alternative, its duty being to indicate the penalty imposed
definitely and positively.
ARTICLE 27 – DURATION OF PENALTIES
Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworth y of pardon.
Reclusión temporal. — The penalty of reclusión temporal shall be from twelve years and one day to twenty years.
Prisión mayor and temporary disqualification. — The duration of the penalties of prisión 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 its duration shall be that of the principal penalty.
Prisión correccional, suspensión, and destierro. — The duration of the penalties of prision correccional, suspensión and destierro shall be from six months and one day to six years, except when 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 or 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.
SCALE
PRINCIPAL PENALTIES
CAPITAL PUNISHMENT
Death
AFFLICTIVE PENALTIES
Reclusion Perpetua
20 yrs. and 1 day to 40 yrs.
Reclusion Temporal
12 yrs. and 1 day to 20 yrs.
Perpetual or Temporary Absolute Disqualification
Perpetual or Temporary Special Disqualification
CORRECTIONAL PENALTIES
Prision Mayor
6 yrs. and 1 day to 12 yrs.
Prision Correcional
6 mos. and 1 day to 6 yrs.
Arresto Mayor
1 mo. and 1 day to 6 mos
Suspension
6 mos. and 1 day to 6 yrs.
Destierro (restriction of liberty; 25km radius prohibition)
6 mos. and 1 day to 6 yrs.
Destierro is imposed in
Serious physical injuries or death under exceptional circumstances. (Art. 247)
In case of failure to give bond for good behavior. (Art. 284)
As a penalty for the concubine in concubinage. (Art. 334)
In cases where after reducing the penalty by one or more degrees destierro is the
proper penalty.
LIGHT PENALTIES
Arresto menor
1 day to 30 days
Public censure [reprimand; may be public, or private (behind closed doors)]
PENALTIES COMMON TO THE THREE PRECEEDING CLASSES
Fine
Bond to keep the peace - the period during which the bond shall be effective is discretionary on the court; not a penalty and therefore
cannot be imposed by the court.
•
Temporary disqualification and suspension, when imposed as accessory penalties, have different durations — they follow the duration of the principal penalty.
Thus, if the penalty imposed is arresto mayor, the duration of the accessory penalty of suspension of the right to hold office and the right of suffrage (Art. 44) shall be that of arresto mayor
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 compu ted 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.
When the offender is in prison — the duration of temporary penalties is from the day on which the judgment of conviction becomes final.
2.
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.
3.
The duration of other penalties — the duration is from the day on which the offender commences to serve his sentence.
Examples of Temporary Penalties:
1.
Temporary absolute disqualification
2.
Temporary special disqualification
3.
Suspension
If offender is under detention, as when he is undergoing preventive imprisonment, Rule No. 1 applies.
If not under detention, because the offender has been released on bail, Rule No. 3 applies.
•
Examples of penalties consisting in deprivation of liberty:
1.
Imprisonment.
2.
Destierro
When the offender is not in prison, Rule No. 2 applies.
If the offender is undergoing preventive imprisonment, the computation of the penalty is not from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. Rule No. 3 applies, that is, the duration
of the penalty shall be computed from the day on which the defendant commences to serve his sentence.
But the offender is entitled to a deduction of full time or four-fifths (4/5) of the time of his detention
ARTICLE 29 – PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM OF IMPRISONMENT
Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of depriva tion 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. When they are recidivists, or have been convicted previously twice or more times of any crime;
2. 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 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 impriso nment 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 R.A. Nos. 10592 and 6127, and E.O. 214.
•
When is there preventive imprisonment?
1.
•
The accused undergoes preventive imprisonment when the offense charged is nonbailable, or even if bailable, he cannot furnish the required bail.
The full time or four-fifths of the time during which offenders have undergone preventive imprisonment shall be deducted from the penalty imposed. Offenders who have undergone preventive imprisonment shall be credited in the service of their
sentence with the full time during which they have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners.
If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment.
The appellant should be credited with the full time of his preventive imprisonment upon a showing that he agreed to abide by the same disciplinary rules imposed upon convicted prisoners; otherwise, he shall be credited with four fifths (4/5) of the time of
such preventive imprisonment.
•
Agreement should be made in writing, before or during the time of temporary detention.
•
Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from 30 years (not 40).
•
The credit is only given in the service of sentences consisting of deprivation of liberty. It does not apply to penalties involving only fines.
•
Computation of preventive imprisonment for purpose of immediate release shall be the actual period of detention with good conduct time allowance. If good conduct time allowance is granted, this should also be extended to the detention prisoner.
•
Convict to be released immediately if the penalty imposed after trial is less than the full time of the preventive imprisonment.
•
Accused shall be released immediately whenever he has undergone preventive imprisonment for a period equal to the possible maximum imprisonment for the offense charged
•
If the maximum penalty to which the accused may be sentenced is destierro, he shall be released immediately after 30 days if he had been detained for 30 days since his arrest. This is because destierro is not served in prison. He is free but he cannot
enter the prohibited area specified in the sentence.
•
The following are NOT ENTITLED to be credited with the full-time or four-fifth of the time of preventive imprisonment (PERTH)
1.
Persons charged with heinous crimes
2.
Escapees – those who have escaped from confinement from a penal establishment
3.
Recidivists (2x or more conviction of any crime)
4.
Those who failed to surrender voluntarily upon being summoned for the execution of their sentence.
5.
Habitual delinquents (10 years, 3rd time or oftener – FRETSL)
REPUBLIC ACT No. 10592
AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE
REVISED PENAL CODE
"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;
"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;
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised Penal Code, is hereby further amended to read as
follows:
"ART. 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. When they are recidivists, or have been convicted previously twice or more times of any crime; and
"2. 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.
"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
"5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to numb ers 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."
Section 4. Article 98 of the same Act is hereby further amended to read as follows:
"ART. 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."
"Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty (30) years.1âwphi1
Section 5. Article 99 of the same Act is hereby further amended to read as follows:"
"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 lestierro, he shall be released
after thirty (30) days of preventive imprisonment."
Section 2. Article 94 of the same Act is hereby further amended to read as follows:
"ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished partially:
"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."
Section 6. Penal Clause. – Faithful compliance with the provisions of this Act is hereby mandated. As such, the penalty of one (1) year
imprisonment, a fine of One hundred thousand pesos (P100,000.00) and perpetual disqualification to hold office shall be imposed against
any public officer or employee who violates the provisions of this Act.
Section 7. Implementing Rules and Regulations. – The Secretary of the Department of Justice (DOJ) and the Secretary of the
Department of the Interior and Local Government (DILG) shall within sixty (60) days from the approval of this Act, promulgate rules and
regulations on the classification system for good conduct and time allowances, as may be necessary, to implement the provisions of this
Act.
"1. By conditional pardon;
"2. By commutation of the sentence; and
"3. For good conduct allowances which the culprit may earn while he is undergoing preventive imprisonment or serving his sent ence."
Section 8. Separability Clause. – If any part hereof is held invalid or unconstitutional, the remainder of the provisions not otherwise
affected shall remain valid and subsisting.
Section 9. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule
or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.
Section 3. Article 97 of the same Act is hereby further amended to read as follows:
"ART. 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:
Section 10. Effectivity Clause. – This Act shall take effect fifteen (15) days from its publication in the Official Gazette or in at least two
(2) new papers of general circulation.
Approved: MAY 29 2013
"1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of good behavio r during
detention;
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines
ARTICLES 30 to 35 – ABSOLUTE AND SPECIAL DISQUALIFICATION, SUSPENSION, CIVIL INTERDICTION
Outline of the effects of penalties under Arts. 30-35.
PENALTY
1
PERPETUAL OR TEMPORARY ABSOLUTE
DISQUALIFICATION FOR PUBLIC OFFICE
EFFECTS
a)
b)
c)
d)
Deprivation of public offices and employments, even if by election.
Deprivation of right to vote or to be elected.
Disqualification for the offices or public employments and for the exercise of any of the rights mentioned.
Loss of right to retirement pay or pension for any office formerly held. (Art. 30)
NOTES
Note: Perpetual absolute disqualification is effective during the lifetime of
the convict and even after the service of the sentence. Temporary absolute
disqualification lasts during the term of the sentence, and is removed after
the service of the same, EXCEPT
1. deprivation of the public office or employment; and
2. loss of all rights to retirement pay or other pension for any office
formerly held. (See Art. 30, par. following No. 3.)
2
PERPETUAL OR TEMPORARY SPECIAL
DISQUALIFICATION FOR PUBLIC OFFICE,
PROFESSION OR CALLING
a)
b)
Deprivation of the office, employment, profession or calling affected.
Disqualification for holding similar offices or employments perpetually or during the term of the sentence. (Art. 31)
3
PERPETUAL OR TEMPORARY SPECIAL
DISQUALIFICATION FOR THE EXERCISE OF
THE RIGHT OF SUFFRAGE
a)
b)
Deprivation of the right to vote or to be elected to any public office.
Cannot hold any public office during the period of disqualification. (Art. 32)
4
SUSPENSION FROM PUBLIC OFFICE,
PROFESSION OR CALLING OR THE RIGHT OF
SUFFRAGE
a)
Disqualification from holding such office or exercising such profession or calling or right of suffrage during
the term of the sentence.
If suspended from public office, the offender cannot hold another office having similar functions during
the period of suspension. (Art. 33
5
CIVIL INTERDICTION
a)
b)
c)
6
BONDS TO KEEP THE PEACE
b)
a)
b)
c)
Deprivation of the rights of parental authority or guardianship of any ward.
Deprivation of marital authority.
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. (Art. 34)
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
The offender must deposit such amount with the clerk of court to guarantee said undertaking; or
The offender may be detained, if he cannot give the bond, for a period not to exceed 6 months if prosecuted for grave or
less grave felony, or for a period not to exceed 30 days, if for a light felony. (Art. 35)
Note: But he can dispose of such property by will or donation mortis
causa.
Note: Bond to keep the peace is not bail bond.
Bond to keep the peace is different from bail bond which is posted for the
provisional release of a person arrested for or accused of a crime during
trial but before final judgment of conviction. (Rule 114, Revised Rules of
Criminal Procedure)
Bond to keep the peace or for good behavior is imposed as a penalty in
threats. (Art. 284)
•
Disqualification is withholding of privilege, not a denial of right.
o
The manifest purpose of the restrictions upon the right of suffrage or to hold office is to preserve the purity of elections. The presumption is that one rendered infamous by conviction of felony, or other base offenses indicative of moral turpitude, is unfit to
exercise the privilege of suffrage or to hold office.
o
The exclusion must for this reason be adjudged a mere disqualification, imposed for protection and not for punishment, the withho lding of a privilege and not the denial of a personal right. (People vs. Corral)
ARTICLE 36 – PARDON AND ITS EFFECTS
A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be exp ressly 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.
•
Pardon may be ABSOLUTE or PARTIAL
•
EXCEPTIONS
o
•
•
When an absolute pardon is granted after the term of imprisonment has expired, it removes all
that is left of the consequences of conviction.
EFFECTS: Pardon SHALL NOT:
o
Restore right to hold public office
o
Restore right of suffrage
o
Exempt payment of civil indemnity
o
•
When the purpose of the Chief Executive is PRECISELY TO RESTORE THOSE RIGHTS.
Difference of PARDON BY CHIEF EXECUTIVE and BY THE OFFENDED PARTY
LIMITATIONS:
o
BY THE CHIEF EXECUTIVE
The power can be exercised ONLY AFTER CONVICTION
BY THE OFFENDED PERSON
Cannot be granted during pendency of his appeal
Should not be acted upon or processed UNLESS THE APPEAL IS WITHDRAWN.
•
Extinguishes the criminal liability
The withdrawal of the appeal must be CERTIFIED by the trial court or the
Can waive the civil liability which the offender
must pay
appellate court
•
Release of the accused by virtue of a pardon, before the withdrawal of an
appeal shall render ADMINISTRATIVE LIABILITY
o
•
Must be given AFTER CONVICTION
Must be given BEFORE THE INSTITUTION OF
CRIMINAL PROSECUTION
Such power DOES NOT EXTEND TO CASES OF IMPEACHMENT
Pardon DOES NOT INCLUDE ACCESSORY PENALTY
o
Only covers the remission of the PRINCIPAL PENALTY
o
Accessory penalties include:
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
May be extended to any of the offenders
Must be extended to all offenders for all to be
pardoned.
When is judgment deemed FINAL?
1.
After the lapse of the period of perfecting an appeal (i.e. within 15 days from promulgation or
notice of judgement/order – Rule 122 Sec. 6 RRCP)
Suspension from public office, the right to vote and be voted for, the profession or
calling.
2.
When the sentence has been partially or totally satisfied or served
Civil interdiction
3.
When the accused has waived in writing his right to appeal
Indemnification
4.
When the accused has applied for probation
Forfeiture or confiscation of instruments and proceeds of the offense
Payment of costs
ARTICLE 37 – COSTS – 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.
•
The following are included in costs:
3.
Fees, and
4.
Indemnities, in the course of judicial proceedings
•
Expenses of litigation (as costs) are chargeable to the accused only in cases of conviction. In case of acquittal, the costs are de oficio, each party bearing his own expenses
•
No costs against the Republic, unless the law provides the contrary
•
The payment of costs is a matter that rests entirely upon the discretion of courts. Appeal will hardly lie to interfere with the discretion.
•
The Government may request the court to assess costs against the accused, but not as a right. No attorney's fees shall be taxed as cost against the adverse party. (Sec. 6, Rule 142, Rules of Court)
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 costs of the proceedings.
•
R-I-F-C shall be followed in the strict order.
•
APPLICATION: ONLY WHEN THE PROPERTY IS INSUFFICIENT – Art. 38 does not apply when the property of the offender is sufficient or when the offender has no property.
•
Courts cannot disregard the order of payment.
•
There is reparation in the crime of rape when the dress of the woman was torn. (distinct from indemnity).
•
Fines and indemnities imposed upon either husband or wife may be enforced against the partnership assets after the responsibilities enumerated in Article 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, which presupposes that the conjugal partnership is still existing.
ARTICLE 39 – SUBSIDIARY PENALTY
Art. 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 judgement of conviction by the trial court, subject to the following rules:
1.
If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred in the preceding paragraph is satisfie d, 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.
2.
When the principal penalty imposed by only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit sh all have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony.
3.
When the principal penalty imposed is higher than prision correccional 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 e stablished 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.
RULES AS TO SUBSIDIARY IMPRISONMENT
PRISION CORRECCIONAL/ ARRESTO
imprisonment shall not exceed one-third of the term of the sentence
No case shall it continue for more than one year.
No fraction or part of a day shall be counted against the prisoner.
shall not exceed six months
If for grave or less grave felony (more than 40,000 pesos)
shall not exceed fifteen days
if for a light felony (40,000 pesos or less)
FINE
HIGHER THAN PRISION CORRECCIONAL
no subsidiary imprisonment shall be imposed upon the culprit
IF NOT BY CONFINEMENT IN A PENAL INSTITUTION
BUT SUCH PENALTY IS OF FIXED DURATION
shall continue to suffer the same deprivations as those of which the
principal penalty consists
(example: destierro, suspension)
(i.e. same duration of the imposed destierro or suspension)
subsidiary personal liability shall not relieve him from the fine in case his financial circumstances should improve
•
Definition of subsidiary penalty: personal liability to be suffered by the convict who has no property with which to meet the fine.
•
R.A. 10159 increased the at the rate of subsidiary penalty for one day from 8 pesos to an amount equivalent to the highest minimum wage rate prevailing in the NATIONAL CAPITAL REGION (at the time of judgement). The highest minimum wage rate
as of April 14, 2015 is 481 pesos. (As of W.O. No. NCR-22, Nov. 22, 2018 it is now 537 pesos)
•
•
There is NO SUBSIDIARY PENALY FOR NON-PAYMENT OF:
1.
Reparation of damage caused
2.
Indemnification of the consequential damage
3.
Cost of the proceedings
Judgment of conviction must impose subsidiary imprisonment. An accused cannot be made to undergo subsidiary imprisonment in case of insolvency to pay the fine imposed upon him when the subsidiary imprisonment is not imposed in the judgment
of conviction.
•
A fine whether imposed as a single or as an alternative penalty, SHOULD NOT AND CANNOT BE REDUCED OR CONVERTED INTO A PRISON TERM. There is no rule for transmutation of the amount of a fine into a term of imprisonment.
•
The word “PRINCIPAL PENALTY” in Art. 39 SHOULD BE OMITTED. The words used in Spanish should be controlling “cuando la pena impuesta” i.e., when the penalty imposed by the court (not the Code)– court ruling in People v. Concepcion.
•
Subsidiary imprisonment IS NOT AN ACCESSORY PENALTY. Therefore, not included in the list of accessory penalties referred to in Art. 73 (pertaining to Art. 40-45)
•
No subsidiary imprisonment
•
o
If the fine is less than the highest minimum wage rate in the NCR.
o
For penalties greater than prision correccional
o
For failure to pay reparations of damaged caused, indemnification of consequential damage, costs of proceedings
o
For penalties not executed by detention and no fixed duration (e.g. censure) – since rules 1-4 only mentioned those of “fixed duration” People v. Laure
o
For non-payment of income tax
Subsidiary penalty is not applicable to penalties greater than prision correccional. Additional penalty for habitual delinquency should be included in determining whether or not subsidiary penalty should be imposed. If the penalty is prision correccional or
less and the accused is a habitual delinquent, the additional penalty for habitual delinquency is not counted. No subsidiary imprisonment.
•
If the penalty imposed is imprisonment, the subsidiary penalty must be imprisonment also. If the penalty imposed is destierro, the subsidiary penalty must be destierro also. If the penalty imposed is suspension, the subsidiary penalty must be suspension
also. This is so, because paragraph No. 4 of Art. 39 states that the convict "shall continue to suffer the same deprivations as those of which the principal penalty consists." (RULE NO. 4)
•
Subsidiary imprisonment is NOT IMPRISONMENT FOR DEBT.
•
Subsidiary imprisonment can be applied to special laws (Art. 10 – suppletory effect of the RPC to special laws) unless the special law provides that subsidiary imprisonment shall not be imposed.
•
Subsidiary imprisonment, like accessory penalties, not essential in determining jurisdiction.
•
The decision need not state that there should not be any subsidiary imprisonment when the law forbids it.
SECTION III – PENALTIES IN WHICH OTHER ACCESSORY PENALTIES ARE INHERENT
ARTICLE 40 – DEATH
The death penalty, when it is not executed by reason of commutation or pardon shall carry with it that of perpetual absolute disq ualification and that of civil interdiction during thirty years following the date of sentence, unless such accessory penalties have been
expressly remitted in the pardon.
ARTICLE 41 – RECLUSION PERPETUA AND RECLUSION TEMPORAL
The penalties of reclusión perpetua and reclusión temporal shall carry with them that of civil interdiction for life or durin g the period of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pard oned
as to the principal penalty, unless the same shall have been expressly remitted in the pardon.
ARTICLE 42 – PRISION MAYOR
The penalty of prisión mayor shall carry with it that of temporary absolute disqualification and that of perpetual special di squalification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty, unle ss the same shall have
been expressly remitted in the pardon.
ARTICLE 43 – PRISION CORRECCIONAL
he penalty of prisión correccional shall carry with it that of suspension from public office, from the right to follow a prof ession 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 this article although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.
ARTICLE 44 – ARRESTO
The penalty of arresto shall carry with it that of suspension of the right to hold office and the right of suffrage during the term of the sentence.
INHERENT ACCESSORY PENALTY
PRINCIPAL PENALTY
CIVIL INTERDICTION
DISQUALIFICATION
DISQUALIFICATION FROM SUFFRAGE
SUSPENSION
30 YEARS
PERPETUAL ABSOLUTE
(included in perpetual absolute)
(included in perpetual absolute)
PERPETUAL ABSOLUTE
(included in perpetual absolute)
(included in perpetual absolute)
DEATH
*when not executed by reason of commutation or pardon;
upon enactment of R.A. 9346, death penalty is
automatically lowered to reclusion perpetua (for RPC) or
lifetime imprisonment *for special laws)
if not expressly remitted in the pardon
RECLUSION PERPETUA and RECLUSION TEMPORAL
FOR LIFE or DURING THE SENTENCE
Unless expressly remitted in the pardon
PRISION MAYOR
TEMPORARY ABSOLUTE
PERPETUAL SPECIAL
Unless expressly remitted in the pardon
PRISION CORRECCIONAL
PERPETUAL SPECIAL if imprisonment >18mos
FROM PUBLIC OFFICE, PROFESSION, CALLING
Unless expressly remitted in the pardon
ARRESTO
DURING TERM OF SENTENCE
OF RIGHT TO HOLD OFFICE
•
Destierro has no accessory penalty
•
Relief of accessory penalties is only attained if it was expressly granted in the pardon.
•
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 is one against
property.
•
Accessory penalties need not be expressly imposed; they are deemed imposed.
•
Accessory penalties do not determine jurisdiction.
o
Under Sec. 2 of R.A. No. 7691, the MTC has exclusive original jurisdiction over offenses punishable with imprisonment not exceeding 6 years irrespective of the amount of the fine, and regardless of other imposable accessory or other
penalties, including the civil liability arising from such offenses or predicated thereon, irrespective of kind, nature, value or amount thereof.
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 instru ments 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 the property of a third person not liable for the offense, but those articles which are not sub ject of lawful commerce shall be destroyed.
•
•
Outline of the provision of this article:
1.
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.
2.
The proceeds and instruments or tools of the crime are confiscated and forfeited in favor of the Government.
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 person) shall be destroyed.
No forfeiture where there is no criminal case.
o
•
Courts cannot order the confiscation of property belonging to a third person if the latter is not indicted, even though there is sufficient ground to hold him guilty of the acts for which the accused had been convicted.
o
•
If there is no criminal case as yet, and there is only a civil case, the court cannot order the destruction of the property as not subject of lawful commerce.
Example: a car owned by a third party (based on LTO registration) that was used by the accused. The car cannot be forfeited if the third-party owner is not indicted.
Instruments of the crime belonging to innocent third person may be recovered.
o
US v. Bruhez
Lorenzo Uy was an employee and during the absence of his employer and without the latter's knowledge, Lorenzo Uy drew out a check for f*3,500 against the bank account of the employer and used the money consisting of seven
P500 bills to bribe Bruhez.
Held: Where the money used to bribe a custom official to permit the illegal importation of opium belongs to an innocent third party, it should not be confiscated.
•
Confiscation can be ordered only if the property is submitted in evidence or placed at the disposal of the court.
o
US v. Filart
The accused planned to sell 450 tickets, each representing a chance on an automobile to be given as a prize to the one who would draw the lucky number. The trial court ordered the confiscation of the automobile and the money
obtained from the sale of the tickets which were not before the court or in the possession of any of the parties to the action at the time the order of confiscation was made.
Held: Where it appears that in a prosecution for violation of the Gambling Law, the automobile as well as the money used in committing such violation was not in the possession of the court, or of any of the parties to the action, the
court has no jurisdiction to order the confiscation of the property.
•
Articles which are forfeited, when the order of forfeiture is already final, cannot be returned even in case of an acquittal (Commission of Customs v. Encarnacion – Judge erred in the release of the forfeited property after final judgement.)
•
Confiscation and forfeiture are additional penalties and as the sentence has become final, the court cannot modify, alter or change that sentence.
•
When the accused has appealed, confiscation and forfeiture not ordered by the trial court, may be imposed by the appellate court.
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 in general terms, it shall be understood as applicable to the consummated felony.
•
The penalty prescribed by law in general terms shall be imposed:
1.
Upon the principals.
2.
For consummated felony.
•
EXCEPTION: when the law fixes a penalty for frustrated or attempted felony.
•
The graduation of penalties
o
degrees refer to stages of execution:
Consummated
frustrated
attempted
o
degree of the criminal participation of the offender
principal
accomplice
accessory
•
The division of a divisible penalty into three periods (refers to the proper period of the penalty which should be imposed when aggravating or mitigating circumstances attend the commission of the crime)
o
Maximum
o
Medium
o
Minimum
ARTICLE 47 – In What Cases the Death Penalty Shall Not Be Imposed
The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except in the following cases:
1.
When the guilty person is below 18 years of age at the time of the commission of the crime
2.
When the guilty person be more than seventy years of age (NOTE: not necessarily at the time of commission)
3.
When upon appeal or revision of the case by the Supreme Court, the require majority vote is not obtained for the imposition of the death penalty, in which case the penalty shall be reclusion perpetual.
In all cases where the death penalty is imposed by the trial court, the records shall be forwarded to the Supreme Court for au tomatic 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."
REPUBLIC ACT NO. 7659: AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AS AMENDED, OTHER SPECIAL PENAL LAWS, AND FOR OTHER PURPOSES
Approved: December 13, 1993
REPUBLIC ACT No. 9346
June 24, 2006
AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:
SECTION 1. The imposition of the penalty of death is hereby prohibited. Accordingly, Republic Act No. Eight Thousand One Hundred Seventy -Seven (R.A. No. 8177), otherwise known as the Act Designating Death by Lethal
Injection is hereby repealed. Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A. No. 7659), otherwise known as the Death Penalty Law, and all other laws, executive orders and decrees, insofar as they impose the
death penalty are hereby repealed or amended accordingly.
SEC. 2. In lieu of the death penalty, the following shall be imposed.
(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Pe nal Code; or
(b) the penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code.
SEC. 3. Person convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4180, otherwise known as the
Indeterminate Sentence Law, as amended.
SEC. 4. The Board of Pardons and Parole shall cause the publication at least one a week for three consecutive weeks in a newspaper of general circulation of the names of persons convicted of offenses punished with reclusion
perpetua or life imprisonment by reason of this Act who are being considered or recommend for commutation or pardon; Provided, however, That nothing he rein shall limit the power of the President to grant executive clemency
under Section 19, Article VII of the Constitutions.
SEC. 5. This Act shall take effect immediately after its publication in two national newspapers of general circulation.
ARTICLE 48. Penalty for Complex Crimes. —
When a single act
constitutes two or more crimes,
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
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.)
•
Art. 48 requires the commission of at least two crimes. But the two or more grave or less grave felonies must be the result of a single act, or an offense must be a necessary means for committing the other.
KINDS OF COMPLEX CRIMES
COMPOUND CRIME
The single act constitutes two or more grave or less grave felonies
Requisites:
1.
That only a single act is performed by the offender.
2.
That the single act produces
a.
two or more grave felonies, or
b.
one or more grave and one or more less grave felonies,
c.
two or more less grave felonies.
Example:
•
throwing a grenade at a group of people resulting in the consummated murder AND multiple attempted murder of other injured parties. (People v. Guillen)
•
placing a time bomb in a plane resulting in multiple murders and destruction of property (People v. Largo)
•
several shots fired by using a submachine gun resulting in the complex crime of murder and homicide (People v. Buyco)
•
Stabbing and killing the pregnant victim resulting in the comple crime of murder with abortion. (People v. Lopez)
If no single act in the case, the acts must be considered as distinct crimes.
Where a conspiracy animates several persons with a single purpose, their individual acts done in pursuance of that purpose are looked upon as a single act, the act of
execution, giving rise to a single complex offense. (People vs. Sanidad)
Light felonies produced by the same act should be treated and punished as separate offenses or may be absorbed by the grave felony. (e.g. slight physical injuries)
1.
Several light felonies resulting from one single act — not complex.
•
2.
COMPLEX CRIME PROPER
because the crime of slight physical injuries, as well as that of damage to property, is a light felony.
When the crime is committed by force or violence, slight physical injuries are absorbed
•
example: direct assault and rape. The slight physical injuries are the necessary consequence of the force or violence inherent in the crimes of direct
assault and rape
•
only applies to SLIGHT PHYSICAL INJURIES. If it is less serious or serious physical injuries, it will be considered COMPLEX CRIME.
When an offense is a necessary means for committing the other.
The phrase "necessary means" used in Art. 48 has been interpreted not to mean indispensable means, because if it did, then the offense as a "necessary means" to commit
another would be an indispensable element of the latter and would be an ingredient thereof.
Requisites:
1. That at least two offenses are committed.
2. That one or some of the offenses must be necessary to commit the other.
3. That both or all the offenses must be punished under the same statute.
Examples:
1.
Falsification of a public document by an accountable officer (altering the duplicate of the cedulas already issued to other persons by erasing the names originally
written thereon and writing in their places new names) is an offense which is necessary to commit malversation, which is another offense. (People vs. Barbas)
2.
Simple seduction by means of usurpation of official functions. (U.S. vs. Hernandez)
•
fake marriage with a 15-year-old who was made to believe that the marriage was true (accused pretended to be a Protestant minister to officiate the
ceremony).
EXCEPTIONS:
•
When in the definition of a felony one offense is a means to commit the other, there is no complex crime. (example: murder qualified by means of fire or
explosion – the crime is murder. No complex crime.)
•
Subsequent acts of intercourse, after forcible abduction with rape, are separate acts of rape. (People v. Bohos – the victim was abducted and raped by 4 men
on board a truck and after which, she was brought to a house where she was raped again by the 4 men. The rapes committed in the house are separate from the
rapes committed in the truck (since the crime of forcible abduction has already been consummated. The resulting crime was forcible abduction AND 16 separate
rapes.)
•
No complex crime when trespass to dwelling is a direct means to commit a grave offense (rape, homicide, murder – trespass to dwelling is considered as an
aggravating circumstance)
•
No complex crime, when one offense is committed to conceal the other. (example: homicide, then arson to conceal the body)
•
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.
o
But 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 – complex crime
•
No complex crime where one of the offense is penalized by a special law.
•
Illegal possession of firearm is not a necessary means to commit homicide. If the accused had separate intentions (to kill and to violate the law that prohibits
possession of firearms. Also, the two acts are punished by two separate statutes.)
o
With the passage of Rep. Act No. 8294 on June 6, 1997, the use of an unlicensed firearm in murder or homicide is now considered, not as a
separate crime, but merely a special aggravating circumstance.
•
Illegal possession of firearm absorbed in rebellion
•
When two or more crimes are committed but (1) not by a single act, or (2) one is not a necessary means for committing the other, there is no complex
crime.
•
•
•
•
There is no complex crime of rebellion with murder, arson, robbery, or other common crimes.
Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion
perpetua.
Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall
be reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become
A complex crime is only one crime. Hence, there is only one penalty imposed for the commission of a complex crime. reclusion perpetua to death.
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.
Rape with homicide is a special complex crime not covered by Art. 48.
When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be death.
o
When by reason or on the occasion of the rape, a homicide is committed, or when the rape is frustrated or attempted and a homicide is committed by reason or on the occasion thereof, Art. 266-B shall apply.
o
Two distinct offenses
When in obedience to an order several accused simultaneously shot many persons, without evidence how many each killed, there is only a single offense, there being a single criminal impulse. (People v. Lawas)
o
The ruling in the Lawas case applies only when there is no evidence at all to show the number of persons killed by each of several defendants.
The ruling in the Lawas case that each of the appellants was guilty only of the complex crime of homicide, notwithstanding the fact that about fifty persons were killed by the appellants who fired at them with their guns a number of
shots, because the killings were the result of a single impulse, does not apply when the appellant alone killed all the six victims, one after another, with one shot each. (People v. Remollino)
o
•
The ruling in the Lawas case is not applicable where there was conspiracy to perpetuate the killings.
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 as they were riding astride the same carabao, and they were shot by the accused in that
position, in the absence of a showing that the victims died from more than one bullet, the crime should be classified as a co mplex crime of double murder. (People vs. Bersamin)
•
There is no complex crime of arson with homicide under Art. 48.
o
•
Art. 320 of the Revised Penal Code, as amended by Rep. Act No. 7659, having provided one penalty therefor
Complex crimes may be committed by NEGLIGENCE.
o
The reason for this ruling is that in view of the definition of felonies in Article 3 of the Code, that is, "Acts and omissions punishable by law," committed either "by means of deceit (dolo)" or "by me ans of fault (culpa)," it is clear that Article 48 which
speaks of "felonies" is applicable to violations under Article 365 which defines and penalizes criminal negligence, a felony by means of fault (culpa).
•
Theft of firearm and illegal possession of same firearm do not form a complex crime — they are two distinct crimes.
•
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.
•
Art. 48 is intended to favor the culprit.
o
In directing that the penalty for the graver offense shall be imposed in its maximum period, Art. 48 could have had no other purpose than to prescribe a penalty lower than the aggregate of the penalties for each offense, if imposed
separately. The reason for this benevolent spirit of Art. 48 is readily discernible.
o
•
When two or more crimes are the result of a single act, the offender is deemed less perverse than when he commits said crimes through separate and distinct acts. (People vs. Hernandez)
The penalty for complex crime is the penalty for the most serious crime, the same to be applied in its maximum period.
o
But when one of the offenses, as a means to commit the other, was committed by one of the accused by reckless imprudence, tha t accused who committed the offense by reckless imprudence is liable for his act only.
o
When the homicide, physical injuries, and the burning of a house are the result of one single act of negligence, there is only one penalty, but there are three civil liabilities.
o
When the penalty for one of the crimes resulting from a single act is beyond the jurisdiction of the municipal court, there should be additional penalty for the other.
•
When two felonies constituting a complex crime are punishable by imprisonment and fine, respectively, only the penalty of imprisonment should be imposed.
•
Art. 48 applies only to cases where the Code does not provide a definite specific penalty for a complex crime.
•
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.
•
Art. 48 does not apply when the law provides one single penalty for special complex crimes.
•
Special Complex Crime of Kidnapping with Murder or Homicide.
o
Prior to 31 December 1993, the date of effectivity of R.A. No. 7659, the rule was that where the kidnapped victim was subsequently killed by his abductor, the crime committed would either be a complex crime of kidnapping with murder under
Art. 48 of the Revised Penal Code, or two (2) separate crimes of kidnapping, and murder. Thus, where the accused kidnapped the victim for the purpose of killing him, and he was in fact killed by his abductor, the crime committed was the
complex crime of kidnapping and murder under Art. 48 of the Revised Penal Code, as the kidnapping of the victim was a necessary means of committing the murder. On the other hand, where the victim was kidnapped not for the purpose of
killing him but was subsequently slain as an afterthought, 2 separate crimes of kidnapping and murder were committed.
o
Consequently, the rule now is: Where the person kidnapped is killed in the course of the detention, regardless of whether the k illing 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 crimes, but shall be punished as a special complex crime under the last paragraph of Art. 267, as amended by R.A. No. 7659. (People vs. Ramos)
Plurality of crimes
Plurality of crimes consists in (sic) the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared. (Guevara)
There are two kinds of plurality of crimes:
PLURALITY
FORMAL OR IDEAL
REAL OR MATERIAL
Criminal liability
ONE CRIMINAL LIABILITY
LIABLE FOR EACH OF THE CRIMES COMMITTED
Penalty
punished with ONE penalty
Penalty for each and every offense committed
Plural crimes of the formal or ideal type are divided into three groups:
1.
When the offender commits any of the complex crimes defined in Art. 48 of the Code.
2.
When the law specifically fixes a single penalty for two or more offenses committed.
o
Examples:
• Robbery with homicide (Art. 294);
• Kidnapping with serious physical injuries. (Art. 267, par. 3)
3.
When the offender commits continued crimes.
o
Continued crime
•
A continued (continuous or continuing) crime is a single crime, consisting
of a series of acts but all arising from one criminal resolution.
People V. Enguero (example of real or material plurality)
Appellants were charged with the crime of robbery in band in three separate information, committed
by robbing one house, then proceeded to another house where the second robbery was committed
and then to another house where the third robbery was committed.
Held: Appellants argue that they are guilty of one crime only, citing in support of their contention the
case of People vs. De Leon (an example of continued crime) The contention is without merit. In the
case cited, defendant entered the yard of a house where he found two fighting cocks belonging to
different persons and took them. In the present case, appellants, after committing the first crime,
went to another house where they committed the second and then proceeded to another house
where they committed the third. Obviously, the rule in the case cited cannot be invoked and applied
to the present.
The crimes arising from one impulse are deemed to be a single crime EXCEPT WHEN THE CRIMES
ARE OF DIFFERENT TYPES OF OFFENSES. Example: The offender in physically attacking the victim
•
A continuing offense is 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. (22 C.J.S., 52)
•
Although there is a series of acts, there is only one crime committed.
Hence, only one penalty shall be imposed.
•
Examples of continued crimes:
o
Thus, a collector of a commercial firm misappropriates for his
personal use several amounts collected by him from different
persons. There is here one crime only, because the different and
successive appropriations are but the different moments during
which one criminal resolution arises and a single defraudation
develops.
CONTINUED CRIME (group 3)
uttered offensive words, even if is fueled by one impulse, committed two crimes: SLANDER (crime against
honor) and PHYSICAL INJURY (crime against persons).
CONTINUED CRIME
REAL OR MATERIAL
Offender performs a SERIES of acts
Offender performs a SERIES of acts
COMPLEX CRIME (group 1)
Offender performs a SERIES of acts
Offender performs a SINGLE act
SINGLE penalty
MULTIPLE PENALTIES, one for each crime
Single penalty, NOT in its maximum
Single penalty, imposed in its maximum
No RPC provision for penalty
RPC Art. 48 provides for rules of penalty
ONE CRIMINAL IMPULSE/
RESOLUTION
MULTIPLE CRIMINAL IMPULSES. Each
act generated by a criminal impulse
TRANSITORY CRIME
o
A continued, continuous or continuing crime is different from a transitory crime in criminal procedure to determine venue. An example of transitory crime, also called a "moving crime," is kidnapping a person for the purpose of ransom, by forcibly taking
the victim from Manila to Bulacan where ransom was demanded. The offenders could be prosecuted and tried either in Manila or in Bulacan.
ARTICLE 49 – Penalty to be imposed upon principals when the crime committee 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 inte nded to commit, the penalty 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 attem pt 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.
CONDITION
PENALTY TO BE IMPOSED
Committed > Intended
INTENDED, in its maximum
Intended > Committed
COMMITTED, in its maximum
If committed constitute FRUSTRATED OR ATTEMPTED of
FRUSTRATED or ATTEMPTED, in its maximum
another crime
•
ART. 49, in reference to Art. 4, IS ONLY APPLICABLE TO ERROR IN PERSONAE
o
Not applicable in
Aberration ictus
•
Mistake in blow
•
Example: A intended to kill B and shot hit, but the bullet hit C (being in the scene of the crime) killing C instead of B. There is only ONE ACT – therefore the case is a COMPLEX CRIME of consummated homicide of C and
attempted homicide of B.
•
ART. 48 is applicable, not Art. 49.
Art. 48
Art. 49
The more serious penalty shall be imposed,
Lesser penalty shall be imposed,
in its maximum
in its maximum
Praeter inentionem
•
•
Where a more serious consequence not intended by the offender befalls the same person. Art. 49 cannot be applied. Art. 49 necessitates that the serious consequence befalls another person.
The conditions in Art. 49 only arises in cases of error in personae IN PARRICIDE AND HOMICIDE where the relationship qualifies the crime (because if the actual victim was a stranger, the penalty for the two crimes would be equal)
PARRICIDE (Art. 247)
HOMICIDE (Art. 249)
Elements:
Elements:
1. That a person is killed.
(1) That a person was killed;
2. That the deceased is killed by the accused.
(2) That the accused killed him without any justifying circumstance;
3. That the deceased is the father, mother, or child, whether legitimate
(3) That the accused had the intention to kill, which is presumed;
or illegitimate, or a legitimate other ascendant or other descendant, or
(4) That the killing was not attended by any of the qualifying circumstances
the legitimate spouse, of the accused.
of murder, or by that of parricide or infanticide
If a person killed another, not knowing that the latter was his son, is he guilty of
parricide? Yes, because the law does not require knowledge of relationship between
them.
Penalty: RECLUSION PERPETUA TO DEATH
Penalty: RECLUSION TEMPORAL
ARTICLE 50 to 57 – PENALTIES TO BE IMPOSED UPON PRINCIPALS, ACCOMPLICES OR ACCESSORIES; CONSUMMATED, FRUSTRATED AND
ATTEMPTED FELONIES
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Art. 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 felon y.
Diagram of the application of Art. 50 to 57
Degrees to which the penalty must be lowered to meet the different situations anticipated by law.
PRINCIPALS
ACCOMPLICES
ACCESSORIES
•
CONSUMMATED
FRUSTRATED
ATTEMPTED
0
1*
2*
Art. 50
Art. 51
1
2
3
Art. 52
Art. 54
Art. 56
2
3
4
Art. 53
Art. 55
Art. 57
Arts. 50 to 57 shall not apply to cases where the law expressly prescribes the penalty for a frustrated or attempted felony, or to be imposed upon accomplices or accessories. (Art. 60)
o
Example:
1.
ATTEMPTED or FRUSTRATED ROBBERY WITH HOMICIDE – under Art. 247 the special penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon the offender.
o
Were it not for this provision in Art. 60, the penalty to be imposed would be reclusion temporal which is the penalty next lower in degree than reclusion perpetua to death, the penalty for consummated offense of robbery
with homicide.
•
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. *
o
The courts, in view of the facts of the case, may impose upon the person guilty of the frustrated crime of parricide, murder, or homicide, a penalty lower by one degree than that which should be imposed under the provisions of Art. 50; and
may reduce by one degree, the penalty which under Art. 51 should be imposed for an attempt to commit any of such crimes. (Art. 250)
•
•
1.
PARRICIDE
2.
MURDER
3.
HOMICIDE
Bases for the determination of the extent of penalty to be imposed under the Revised Penal Code?
1.
The stage reached by the crime in its development (either attempted, frustrated or consummated).
2.
The participations therein of the persons liable. (either principal, accomplice or accessory)
3.
The aggravating or mitigating circumstances which attended the commission of the crime.
DEGREE
o
one entire penalty, one whole penalty or one unit of the penalties enumerated in the graduated scales provided for in Art. 71.
1.
When there is mitigating or aggravating circumstance, the penalty is lowered or increased by period only,
except when
1.
the penalty is divisible and
2.
there are two or more mitigating and without aggravating circumstances, in which case the penalty is lowered by degree.
2.
Art. 71. Graduated scales. —
In the case in which the law prescribed 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
SCALE NO. 2
1. Death
1. Perpetual absolute disqualification,
2. Reclusion perpetua
2. Temporal absolute disqualification
3. Reclusion temporal
3. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling,
4. Prision mayo
4. Public censure,
5. Prision correccional
6. Arresto mayor
5. Fine
7. Destierro,
8. Arresto menor
9. Public censure,
10. Fine.
•
PERIOD
o
one of the three equal portions, called minimum, medium, and maximum, of a divisible penalty. (Art. 65)
1.
Art. 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 of time included in the penalty prescribed, and forming one period of each of the three po rtions.
•
A period of a divisible penalty, when prescribed by the Code as a penalty for a felony, is in itself a degree.
o
In Art. 140, the penalty for the leader of a sedition is prision mayor in its minimum period and fine.
o
It being a degree, the penalty next lower than that penalty is prision correccional in its maximum period. (People vs. Gayrama)
ARTICLE 58 – ADDITIONAL PENALTIES TO BE IMPOSED ON CERTAIN ACCESSORIES
Those accessories falling within the terms of paragraphs 3 of Article 19 (accessories) 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.
if the principal offender is guilty of
ADDITIONAL PENALTY
GRAVE FELONY
ABSOLUTE PERPETUAL DISQUALIFICATION
LESS GRAVE FELONY
ABSOLUTE TEMPORARY DISQUALIFICATION
** ABSOLUTE DISQUALIFICATION includes:
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.
4.
The loss of all rights to retirement pay or other pension for any office formerly held
* If temporary, par. 2 and 3 shall last during the term of the sentence. (Art. 30)
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 crimina lity shown by the offender, shall impose upon him the penalty of arresto mayor or a fine from 200
to 500 pesos.
•
The penalty for impossible crime is ARRESTO MAYOR or a FINE ranging from 200 to 500 pesos.
•
Only applies to GRAVE OR LESS GRAVE FELONIES (light felonies are punishable by arresto menor, not mayor; Art. 59 does not apply.)
•
Basis for imposition of proper penalty:
•
•
social danger
2.
degree of criminality shown by the offender
REQUISITES OF IMPOSSIBLE CRIME:
1.
Act against person or property
2.
Evil intent
3.
Accomplishment is inherently impossible or that the means employed is either inadequate or ineffectual
4.
Act performed should not be a violation of another provision in the RPC
LEGAL IMPOSSIBILITY
o
•
1.
Stealing something that apparently was his
PHYSICAL IMPOSSIBILITY
o
Killing a dead person
o
Poisoning with arsenic when it was actually salt
o
Stealing from an empty vault
o
Firing a revolver 1 km away to kill a person
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 expre ssly prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories.
•
Arts. 50 to 57 shall not apply to cases where the law expressly prescribes the penalty for a frustrated or attempted felony, or to be imposed upon accomplices or accessories.
o
Example:
1.
ATTEMPTED or FRUSTRATED ROBBERY WITH HOMICIDE – under Art. 247 the special penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon the offender.
o
Were it not for this provision in Art. 60, the penalty to be imposed would be reclusion temporal which is the penalty next lower in degree than reclusion perpetua to death, the penalty for consummated offense of robbery
with homicide.
•
Accomplice, punished as principal
o
Under the general rule, an accomplice is punished by a penalty one degree lower than the penalty imposed upon the principal.
o
TWO CASES WHERE THE ACCOMPLICE IS PUNISHED AS A PRINCIPAL:
1.
2.
The ascendants, guardians, curators, teachers and any person who BY ABUSE OF AUTHORITY OR CONFIDENTIAL RELATIONSHIP, shall cooperate as accomplices in the crimes of
o
Rape
o
Acts of lasciviousness
o
Seduction
o
Corruption of minors
o
White slave trade or abduction. (Art. 346)
One who furnished the place for the perpetration of the crime of SLIGHT ILLEGAL DETENTION. (Art. 268)
o
Furnishing the place for the perpetration of the crime is ordinarily the act of an accomplice.
o
REQUISITES FOR SLIGHT ILLEGAL DETENTION
1.
That the offender is a private individual.
2.
That he kidnaps or detains another, or in any other manner deprives him of his liberty.
3.
That the act of kidnapping or detention is illegal.
4.
That the crime is committed without the attendance of any of the circumstances enumerated in Art. 267:
That the kidnapping or detention lasts for more than 3 days;
That it is committed simulating public authority;
That any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or
That the person kidnapped or detained is a minor, female, or a public officer,
•
Accessory punished as principal
o
Knowingly concealing certain evil practices is ordinarily an act of the accessory, but in Art. 142, such act is punished as the act of the principal.
o
Certain accessories are punished with a penalty one degree lower, instead of two degrees.
o
Penalty for the act perpetrated is ONE DEGREE LOWER INSTEAD OF TWO DEGREES LOWER in the following crimes:
1.
Knowingly using counterfeited seal or forged signature or stamp of the President. (Art. 162)
2.
Illegal possession and use of a 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) – dispatch is defined as wireless, cable, telegraph, or telephone message
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.
When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degrees shall be that immedia tely following that indivisible penalty in the respective graduated scale prescribed in Article 71 of this Code.
2.
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.
3.
When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of another d ivisible 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.
4.
When the penalty prescribed for the crime is composed of several periods, corresponding to different divisible penalties, the penalty next lower in d egree 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 respect ive 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.
RULE
1
CONDITION
SINGLE AND INDIVISIBLE
next lower in degrees shall be that
immediately following that indivisible
penalty in the respective graduated
scale
Death
Reclusion perpetua
Public censure
2
PENALTY TO BE IMPOSED
NOTES
Reclusion perpetua is the penalty for
1.
KIDNAPPING
2.
FAILURE TO RETURN A MINOR (Art. 270)
The next lower penalty shall be the next lower in the scale: RECLUSION TEMPORAL
TWO INDIVISIBLE PENALTIES
next lower in degree shall be that
immediately following the lesser of the
penalties prescribed in the respective
graduated scale
Reclusion perpetua to death
ONE OR MORE DIVISIBLE PENALTIES TO BE IMPOSE TO THEIR
FULL EXTENT
Reclusion perpetua to death is the penalty for PARRICIDE
The next lower penalty shall be the next lower in the scale: RECLUSION TEMPORAL
One divisible: next lower to reclusion temporal is PRISION MAYOR
Two divisible: next lower to prision correccional to prision mayor is ARRESTO MAYOR
One divisible: Reclusion temporal
Two divisible: Prision Correccional to Prision Mayor
3
ONE OR TWO INDIVISIBLE PENALTIES AND THE MAXIMUM
PERIOD OF ANOTHER DIVISIBLE PENALTY
Reclusion Temporal in its maximum period to Death
Indivisible:
Death
Reclusion perpetua
Public censure
Divisible:
Reclusion temporal
Prision mayor
Prision correcciona
Arresto mayor
Destierro
Arresto menor
next lower in degree shall be composed
of the
o medium and minimum periods of
the proper divisible penalty, and
the
o
maximum periods of the proper
divisible penalty and the
maximum period of that
immediately following in said
respective graduated scale
Reclusion temporal in its maximum period to death is the penalty for MURDER
The penalty for murder consists in two indivisible penalties of death and reclusion perpetua and one divisible penalty of reclusion
temporal in its maximum period.
The proper divisible penalty is reclusion temporal.
The penalty immediately following reclusion temporal is prision mayor.
Under the third rule, the penalty next lower is composed of the MEDIUM AND MINIMUM PERIODS OF RECLUSION
TEMPORAL AND THE MAXIMUM OF PRISION MAYOR
RULE 3 ILLUSTRATION
DEATH
RECLUSION PERPETUA
RECLUSION TEMPORAL
PRISION MAYOR
Maximum
Medium
Minimum
Maximum
Medium
Minimum
PENALTY FOR PRINCIPAL IN CONSUMMATED
FELONY
PENALTY FOR ACCOMPLICE
or
PENALTY FOR PRINCIPAL IN FRUSTRATED FELONY
When the penalty is composed of one indivisible penalty and the maximum period of a divisible penalty.
Example: Reclusion temporal in its maximum period to reclusion perpetua.
The same rule shall be observed in lowering the penalty by one or two degrees.
4
SEVERAL PERIODS, CORRESPONDING TO DIFFERENT
DIVISIBLE PENALTIES
“several” = at least three DIVISIBLE periods
next lower in degree shall be composed
of the
o period immediately following the
minimum prescribed, and of
o the two next following, which shall
be taken from the penalty
prescribed
Prision mayor in its medium period to reclusion temporal in its minimum period.
The period immediately following the minimum, which is prision mayor in its medium period, is PRISION MAYOR IN ITS
MINIMUM PERIOD. The two periods next following are the MAXIMUM AND MEDIUM PERIODS OF PRISION
CORRECCIONAL, the penalty next following in the scale prescribed in Art. 71 since it cannot be taken from the penalty
prescribed.
RULE 4 ILLUSTRATION
RECLUSION TEMPORAL
PRISION MAYOR
PRISION CORRECCIONAL
Maximum
Medium
Minimum
Maximum
Medium
Minimum
Maximum
Medium
Minimum
PENALTY FOR PRINCIPAL IN CONSUMMATED
FELONY
PENALTY FOR ACCOMPLICE
or
PENALTY FOR PRINCIPAL IN FRUSTRATED FELONY
5
IN SOME MANNER NOT ESPECIALLY PROVIDED FOR IN THE
FOUR PRECEDING RULE
A. Two DIVISIBLE periods
Penalty composed of two periods,
1.
corresponding penalties upon those
guilty as principals of the frustrated
felony, or of attempt to commit the
same, and upon accomplices and
accessories.
of the same penalty
Penalty composed of two periods
1.
Prision correccional in its minimum and medium periods - for ABDUCTION (Art. 343)
2.
of different penalties
Arresto mayor in its maximum period to prision correccional in its minimum period - PHYSICAL INJURIES (Art. 263,
subsection 4)
Prision correccional in its minimum and medium periods
2.
of the same penalty
RULE 5 ILLUSTRATION
of different penalties
PRISION CORRECCIONAL
Arresto mayor in its maximum period to prision correccional
in its minimum period
B. One DIVISIBLE period
ARRESTO MAYOR
Maximum
Medium
Minimum
Maximum
Medium
Minimum
PENALTY PRESCRIBED FOR THE FELONY
NEXT LOWER PENALTY
When the penalty has one period
o
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.
o
Thus, the penalty immediately inferior to prision mayor in its maximum is PRISION MAYOR IN ITS MEDIUM PERIOD.
Simplified rules:
The rules prescribed in paragraphs 4 and 5 of Art. 61 may be simplified, as follows:
1.
If the penalty prescribed by the Code consists in three periods, corresponding to different divisible penalties, the penalty next lower in degree is the penalty consisting in the three periods down in the scale.
2.
If the penalty prescribed by the Code consists in two periods, the penalty next lower in degree is the penalty consisting in two periods down in the scale.
3.
If the penalty prescribed by the Code consists in only one period, the penalty next lower in degree is the next period down in the scale.
If the given penalty is composed of one, two or three periods, the penalty next lower in degree should begin where the given penalty ends, because, otherwise, if it were to skip over intermediate ones, it would be lower but not next lower in degree.
Mitigating and aggravating circumstances are disregarded in the application of the rules for graduating penalties .
o
It is only after the penalty next lower in degree is already determined that the mitigating and/or aggravating circumstances should be considered.
JUSTIFYING
Art. 11
The following do not incur any criminal liability:
1. 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.
EXEMPTING
Art. 12
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.
MITIGATING
Art. 13
The following are mitigating circumstances;
The following are aggravating 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.
1. That advantage be taken by the offender of his public position.
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 Art. 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;
First. That the evil sought to be avoided
actually exists;
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.
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
2. That the crime be committed in contempt or with insult to the public authorities.
3. 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.
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.
2. Anyone 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.
AGGRAVATING
Art. 14
4. That the act be committed with abuse of confidence or obvious ungratefulness.
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.
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.
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.
4. That sufficient provocation or threat on
the part of the offended party immediately
preceded the act.
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.
7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or
misfortune.
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.
8. That the crime be committed with the aid of armed men or persons who insure or afford impunity.
6. That of having acted upon an impulse so
powerful as naturally to have produced
passion or obfuscation.
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.
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.
11. That the crime be committed in consideration of a price, reward,
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;
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.
13. That the act be committed with evidence premeditation.
14. That the craft, fraud or disguise be employed.
15. That advantage be taken of superior strength, or means be employed to weaken the defense.
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.
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.
17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act.
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.
10. And, finally, any other circumstances of
a similar nature and analogous to those
above mentioned.
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).
21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary
for its commissions.
Section Two. — Rules for the application of penalties with regard to the mitigating and aggravating circumstances, and habitual delinquency
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 o r 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.
2.
The same rule shall apply with respect to any aggravating circumstance 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 pa rty, 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.
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.
5.
Habitual delinquency shall have the following effects:
a.
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;
b.
Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilt y and to the additional penalty of prision mayor in its minimum and medium periods; and
c.
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 the purpose of this article, a person shall be deemed to be habitual delinquent, is 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 the attendance of aggravating or mitigating circumstances or of habitual delinquency.
•
1. Aggravating circumstances (generic and specific) have the
•
effect of increasing the penalty, without, however, 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
PRESIDENTIAL DECREE NO. 968 ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.
As amended by R.A. 10707
WHEREAS, one of the major goals of the government is to establish a more enlightened and humane correctional systems that will
promote the reformation of offenders and thereby reduce the incidence of recidivism;
WHEREAS, the confinement of all offenders prisons and other institutions with rehabilitation programs constitutes an onerous drain on
the financial resources of the country; and
WHEREAS, there is a need to provide a less costly alternative to the imprisonment of offenders who are likely to respond to
individualized, community-based treatment programs;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree the following:
Section 7. Period for Submission of Investigation Report. The probation officer shall submit to the court the investigation report on a
defendant not later than sixty days from receipt of the order of said court to conduct the investigation. The court shall resolve the petition
for probation not later than five days after receipt of said report.
Pending submission of the investigation report and the resolution of the petition, the defendant may be allowed on temporary liberty
under his bail filed in the criminal case; Provided, That, in case where no bail was filed or that the defendant is incapable of filing one,
the court may allow the release of the defendant on recognize the custody of a responsible member of the community who shall
guarantee his appearance whenever required by the court.
Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender may be placed on probation, the court
shall consider all information relative, to the character, antecedents, environment, mental and physical cond ition of the offender, and
available institutional and community resources. Probation shall be denied if the court finds that:
Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of 1976. It shall apply to all offenders
except those entitled to the benefits under the provisions of Presidential Decree numbered Six Hundred and three and similar laws.
(a) the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or
Section 2. Purpose. This Decree shall be interpreted so as to:
(b) there is undue risk that during the period of probation the offender will commit another crime; or
(a) promote the correction and rehabilitation of an offender by providing him with individualized treatment;
(c) probation will depreciate the seriousness of the offense committed.
(b) provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence;
and
SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:
“a. sentenced to serve a maximum term of imprisonment of more than six (6) years;
(c) prevent the commission of offenses.
“b. convicted of any crime against the national security;
Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context otherwise requires, be construed thus:
(a) “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.
“c. 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 a fine of more than one thousand pesos (P1,000.00);
“d. who have been once on probation under the provisions of this Decree; and
(b) “Probationer” means a person placed on probation.
(c) “Probation Officer” means one who investigates for the court a referral for probation or supervises a probationer or both.
SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court may, after it shall have convicted and sentenced
a defendant for a probationable penalty and upon application by said defendant within the period for perfecting an appeal, suspend the
execution of the sentence and place the defendant on probation for such period and upon such terms and conditions as it may d eem
best. No application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of
conviction: Provided, That when a judgment of conviction imposing a non-probationable penalty is appealed or reviewed, and such
judgment is modified through the imposition of a probationable penalty, the defendant shall be allowed to apply for probation based on
the modified decision before such decision becomes final. The application for probation based on the modified decision shall be filed
in the trial court where the judgment of conviction imposing a non-probationable penalty was rendered, or in the trial court where such
case has since been re-raffled. In a case involving several defendants where some have taken further appeal, the other defendants
may apply for probation by submitting a written application and attaching thereto a certified true copy of the judgment of conviction.
“e. who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33
hereof.
Section 10. Conditions of Probation. Every probation order issued by the court shall contain conditions requiring that the probationer
shall:
(a) present himself to the probation officer designated to undertake his supervision at such place as may be specified in the order within
seventy-two hours from receipt of said order;
(b) report to the probation officer at least once a month at such time and place as specified by said officer.
The court may also require the probationer to:
(a) cooperate with a program of supervision;
“The trial court shall, upon receipt of the application filed, suspend the execution of the sentence imposed in the judgment.
(b) meet his family responsibilities;
“This notwithstanding, the 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 or a fine only. The filing of the app lication shall be
deemed a waiver of the right to appeal.1âwphi1
(c) devote himself to a specific employment and not to change said employment without the prior written ap proval of the probation
officer;
(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain in a specified institution, when
required for that purpose;
“An order granting or denying probation shall not be appealable
(e) pursue a prescribed secular study or vocational training;
Section 5. Post-sentence Investigation. 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 defendan t will be
served thereby.
(f) attend or reside in a facility established for instruction, recreation or residence of persons on probation;
Section 6. Form of Investigation Report. The investigation report to be submitted by the probation officer under Section 5 hereof shall
be in the form prescribed by the Probation Administrator and approved by the Secretary of Justice.
(h) abstain from drinking intoxicating beverages to excess;
(g) refrain from visiting houses of ill-repute;
(i) permit to probation officer or an authorized social worker to visit his home and place or work;
(j) reside at premises approved by it and not to change his residence without its prior written approval; or
(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with
his freedom of conscience.
Section 19. Probation Administration. The Administration shall be headed by the Probation Administrator, hereinafter referred to as the
Administrator, who shall be appointed by the President of the Philippines. He shall hold office during good behavior and shal l not be
removed except for cause.
The Administrator shall receive an annual salary of at least forty thousand pesos. His powers and duties shall be to:
(a) act as the executive officer of the Administration;
Section 11. Effectivity of Probation Order. A probation order shall take effect upon its issuance, at which time the court shall inform the
offender of the consequences thereof and explain that upon his failure to comply with any of the conditions prescribed in the said order
or his commission of another offense, he shall serve the penalty imposed for the offense under which he was placed on probation.
Section 12. Modification of Condition of Probation. During the period of probation, the court may, upon application of either the
probationer or the probation officer, revise or modify the conditions or period of probation. The court shall notify either the probationer
or the probation officer of the filing such an application so as to give both parties an opportunity to be heard thereon.
(b) exercise supervision and control over all probation officers;
(c) make annual reports to the Secretary of Justice, in such form as the latter may prescribe, concerning the operation, administration
and improvement of the probation system;
(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative to the methods and procedures of the
probation process;
The court shall inform in writing the probation officer and the probationer of any change in the period or conditions of probation.
Section 13. Control and Supervision of Probationer. The probationer and his probation program shall be under the control of the court
who placed him on probation subject to actual supervision and visitation by a probation officer.
(e) recommend to the Secretary of Justice the appointment of the subordinate personnel of his Administration and other offices
established in this Decree; and
(f) generally, perform such duties and exercise such powers as may be necessary or incidental to achieve the objectives of this Decree.
Whenever a probationer is permitted to reside in a place under the jurisdiction of another court, control over him shall be transferred to
the Executive Judge of the Court of First Instance of that place, and in such a case, a copy of the probation order, the inve stigation
report and other pertinent records shall be furnished said Executive Judge. Thereafter, the Executive Judge to whom jurisdiction over
the probationer is transferred shall have the power with respect to him that was previously possessed by the court which gran ted the
probation.
Section 20. Assistant Probation Administrator. There shall be an Assistant Probation Administrator who shall assist the Admin istrator
perform such duties as may be assigned to him by the latter and as may be provided by law. In the absence of the Administrato r, he
shall act as head of the Administration.
He shall be appointed by the President of the Philippines and shall receive an annual salary of at least thirty-six thousand pesos.
Section 14. Period of Probation.
(a) The period of probation of a defendant sentenced to a term of imprisonment of not more than one year shall not exceed two years,
and in all other cases, said period shall not exceed six years.
(b) When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case of insolvency, the period
of probation shall not be less than nor to be more than twice the total number of days of subsidiary imprisonment as computed at the
rate established, in Article thirty-nine of the Revised Penal Code, as amended.
Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the court may issue a warrant for th e arrest
of a probationer for violation of any of the conditions of probation. The probationer, once arrested and detained, shall immediately be
brought before the court for a hearing, which may be informal and summary, of the violation charged. The defendant may be adm itted
to bail pending such hearing. In such a case, the provisions regarding release on bail of persons charged with a crime shall be applicable
to probationers arrested under this provision. If the violation is established, the court may revoke or continue his probation and modify
the conditions thereof. If revoked, the court shall order the probationer to serve the sentence originally imposed. An order revoking the
grant of probation or modifying the terms and conditions thereof shall not be appealable.
SEC. 16. Termination of Probation. — After the period of probation and upon consideration of the report and recommendation of the
probation officer, the court may order the final discharge of the probationer upon finding that he has fulfilled the terms an d conditions
of his probation and thereupon the case is deemed terminated.
Section 21. Qualifications of the Administrator and Assistant Probation Administrator. To be eligible for Appointment as Administrator
or Assistant Probation Administrator, a person must be at least thirty-five years of age, holder of a master’s degree or its equivalent in
either criminology, social work, corrections, penology, psychology, sociology, public administration, law, police science, po lice
administration, or related fields, and should have at least five years of supervisory experience, or be a member of the Philippine Bar
with at least seven years of supervisory experience.
Section 22. Regional Office; Regional Probation Officer. The Administration shall have regional offices organized in a ccordance with
the field service area patterns established under the Integrated Reorganization Plan.
Such regional offices shall be headed by a Regional Probation Officer who shall be appointed by President of the Philippines in
accordance with the Integrated Reorganization Plan and upon the recommendation of the Secretary of Justice.
The Regional Probation Officer shall exercise supervision and control over all probation officer within his jurisdiction and such duties
as may assigned to him by the Administrator. He shall have an annual salary of at least twenty-four thousand pesos.
He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who shall also be appointed by the President of
the Philippines, upon recommendation of the Secretary of Justice, with an annual salary of at least twenty thousand pesos.
Section 23. Provincial and City Probation Officers. There shall be at least one probation officer in each province and city who shall be
appointed by the Secretary of Justice upon recommendation of the Administrator and in accordance with civil service law and rules.
The final discharge of the probationer shall operate to restore to him all civil rights lost or suspended as a result of his conviction and
to totally extinguish his criminal liability as to the offense for which probation was granted.
The Provincial or City Probation Officer shall receive an annual salary of at least eighteen thousand four hundred pesos.
The probationer and the probation officer shall each be furnished with a copy of such order
His duties shall be to:
Section 17. Confidentiality of Records. The investigation report and the supervision history of a probationer obtained under this Decree
shall be privileged and shall not be disclosed directly or indirectly to anyone other than the Probation Administration or the court
concerned, except that the court, in its discretion, may permit the probationer of his attorney to inspect the aforementioned documents
or parts thereof whenever the best interest of the probationer make such disclosure desirable or helpful: Provided, Further, That, any
government office or agency engaged in the correction or rehabilitation of offenders may, if necessary, obtain copies of said documents
for its official use from the proper court or the Administration.
(a) investigate all persons referred to him for investigation by the proper court or the Administrator;
Section 18. The Probation Administration. There is hereby created under the Department of Justice an agency to be known as the
Probation Administration herein referred to as the Administration, which shall exercise general supervision over all probationers.
(d) maintain a detailed record of his work and submit such written reports as may be required by the Administration or the court having
jurisdiction over the probationer under his supervision;
The Administration shall have such staff, operating units and personnel as may be necessary for the proper execution of its f unctions.
(e) prepare a list of qualified residents of the province or city where he is assigned who are willing to act as probation aides;
(b) instruct all probationers under his supervision of that of the probation aide on the terms and conditions of their probat ions;
(c) keep himself informed of the conduct and condition of probationers under his charge and use all suitable methods to bring about
an improvement in their conduct and conditions;
(f) supervise the training of probation aides and oversee the latter’s supervision of probationers;
DONE in the City of Manila, this 24th day of July in the year of Our Lord, nineteen hundred and seventy-six.
(g) exercise supervision and control over all field assistants, probation aides and other personnel; and
(Sgd.) FERDINAND E. MARCOS
(h) perform such duties as may be assigned by the court or the Administration.
SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers. — Regional, Provincial or City Probation Officers
shall have the authority within their territorial jurisdiction to administer oaths and acknowledgments and to take deposition s in
connection with their duties and functions under this Decree. They shall also have, with respect to probationers under their care, the
powers of a police officer. They shall be considered as persons in authority.
Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers. No person shall be appointed
Regional or Assistant Regional or Provincial or City Probation Officer unless he possesses at least a bachelor’s degree with a major in
social work, sociology, psychology, criminology, penology, corrections, police science, administration, or related fields and has at least
three years of experience in work requiring any of the abovementioned disciplines, or is a member of the Philippine Bar with at least
three years of supervisory experience.
Whenever practicable, the Provincial or City Probation Officer shall be appointed from among qualified residents of the provin ce or city
where he will be assigned to work.
Section 26. Organization. Within twelve months from the approval of this Decree, the Secretary of Justice shall organize the
administrative structure of the Administration and the other agencies created herein. During said period, he shall also determine the
staffing patterns of the regional, provincial and city probation offices with the end in view of achieving maximum efficiency and economy
in the operations of the probation system.
SEC. 27. Field Assistants, Subordinate Personnel. – Regional, Provincial or City Probation Officers shall be assisted by such field
assistants and subordinate personnel as may be necessary to enable them to carry out their duties effectively
SEC. 28. Volunteer Probation Assistants (VPAs). — To assist the Chief Probation and Parole Officers in the supervised treatment
program of the probationers, the Probation Administrator may appoint citizens of good repute and probity, who have the willingness,
aptitude, and capability to act as VPAs.
“VPAs shall not receive any regular compensation except for reasonable transportation and meal allowances, as may be determined
by the Probation Administrator, for services rendered as VPAs.
“They shall hold office for a two (2)-year term which may be renewed or recalled anytime for a just cause. Their functions, qualifications,
continuance in office and maximum case loads shall be further prescribed under the implementing rules and regulations of this Act.
“There shall be a reasonable number of VPAs in every regional, provincial, and city probation office. In order to strengthen the functional
relationship of VPAs and the Probation Administrator, the latter shall encourage and support the former to organize themselves in the
national, regional, provincial, and city levels for effective utilization, coordination, and sustainability of the volunteer program.
Section 29. Violation of Confidential Nature of Probation Records. The penalty of imprisonment ranging from six months and one day
to six years and a fine ranging from hundred to six thousand pesos shall be imposed upon any person who violates Section 17 h ereof.
Section 30. Appropriations. There is hereby authorized the appropriation of the sum of Six Million Five Hundred Thousand Pesos or so
much as may be necessary, out of any funds in the National Treasury not otherwise appropriated, to carry out the purposes of this
Decree. Thereafter, the amount of at least Ten Million Five Hundred Thousand Pesos or so much as may be necessary shall be
included in the annual appropriations of the national government.
Section 31. Repealing Clause. All provisions of existing laws, orders and regulations contrary to or inconsistent with this Decree are
hereby repealed or modified accordingly.
Section 32. Separability of Provisions. If any part, section or provision of this Decree shall be held invalid or unconstitut ional, no other
parts, sections or provisions hereof shall be affected thereby.
Section 33. Effectivity. This Decree shall take effect upon its approval: Provided, However, That, the application of its sub stantive
provisions concerning the grant of probation shall only take effect twelve months after the certification by the Secretary of Justice to
the Chief Justice of the Supreme Court that the administrative structure of the Probation Administration and of the other agencies has
been organized.
** REPUBLIC ACT No. 10707 Repealing Clause. — All laws, executive orders, or administrative orders, rules and regulations or parts
thereof which are inconsistent with this Act are hereby amended, repealed or modified accordingly.
TITLE IV – EXTINCTION OF CRIMINAL LIABILITY
PRESCRIPTION
The forfeiture or loss of the right of the State or of the People to prosecute the crime or to demand the service of penalty imposed
PRESCRIPTION OF THE CRIME
PRESCRIPTION OF THE PENALTY
forfeiture or loss of the right of the State TO PROSECUTE the offender after the
lapse of a certain period of time
forfeiture or loss of the right of the Government TO EXECUTE THE FINAL SENTENCE
after the lapse of a certain period of time
Two conditions necessary in prescription of penalty:
1.
That there be FINAL JUDGEMENT
2.
That the PERIOD OF TIME PRESCRIBED BY LAW FOR ITS
ENFORCEMENT HAS ELAPSED.
Based on PENALTY PRESCRIBED BY LAW
Based on PENALTY IMPOSED
ARTICLE 90 – PRESCRIPTION OF CRIMES
Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years.
Crimes punishable by other afflictive penalties shall prescribe in fifteen years.
Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto ma yor, which shall prescribe in five years.
The crime of libel or other similar offenses shall prescribe in one year.
The crime of oral defamation and slander by deed shall prescribe in six months.
Light offenses prescribe in two months.
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, approved June 19, 1966).
PRESCRIPTION OF THE CRIME [REVISED PENAL CODE]
DEATH, RECLUSION PERPETUA, RECLUSION TEMPORAL
20 years
AFFLICTIVE PENALTIES
AFFLICTIVE FINE
Prision Mayor, Disqualification
1,200,000 and above
CORRECTIONAL PENALTIES
CORRECTIONAL FINE
Prision Correccional, Suspension, Destierro
40,000 and more, but not more than 1,200,000
15 years
10 years
ARRESTO MAYOR
5 years
LIBEL and other similar offenses
1 year
*applicable only to cases filed at the time of approval (June 19, 1966) and beyond. If prior, 2 YEARS
ORAL DEFAMATION and SLANDER BY DEED (grave slander)
LIGHT OFFENSES (simple slander); ARRESTO MENOR
6 months
less than 40,000
2 months
PRESCRIPTION OF THE CRIME [SPECIAL LAWS]
≥ 6 years
12 years
≥ 2 years < 6 years
8 years
> 1 month < 2 years
4 years
≤ 1 month
1 year
Imprisonment
Internal Revenue Law
5 years
Municipal Ordinances
2 months
Regulations of Public Service Commission
2 months
•
1 MONTH = 30 days (People v. Del Rosario)
•
FIRST DAY EXCLUDED, LAST DAY INCLUDED.
•
In a LEAP YEAR, February 29 is counted as a separate day from February 28. (Namarco v. Tuazon)
•
When the last day of the prescriptive period falls on a SUNDAY or a HOLIDAY, the information can no longer be filed on the ne xt day as the crime as already prescribed.