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REVIEW MODULE ON
CRIMINAL LAW 1
By
Erick A. Gempesao
Criminologist
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CRIMINAL LAW 1
 INTRODUCTION:
Before the Spanish Colony, we have
Criminal Law, “The Code of Kalantiao”,
which often termed as the First Penal
Law in the History of the Philippines.
Under this code, if a man would have a
relation with a married woman, he is
penalized.
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CRIMINAL LAW 1
Adultery and concubinage are crimes
during those days. Even offending things,
such as goods, are penalized. The Code
of Kalantiao has certain penal provisions.
The Filipinos have their own set of
penology.
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CRIMINAL LAW 1
When the Spanish Colonizers came,
Royal Decree of 1870 made the Spanish
codigo Penal applicable and extended to
the Philippines. This was made effective
in the Philippines on July 14, 1876.
However, the Spanish Codigo Penal did
not cater to the customs and tradition of
the Filipinos.
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CRIMINAL LAW 1
 A Filipino, Rafael Del Pan, made the so
called correctional code but this code
was never enacted into law, instead, a
committee was organized headed by
then Anacleto Diaz. This committee was
the one who drafted the present penal
code. The Revised Penal Code took
effect on January 1,1932.
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CRIMINAL LAW 1
 DEFINITION OF TERMS
1.) Law
-is a rule of conduct, just and obligatory,
promulgated by competent authority for
common observance and benefits.
2.) Crime
- It is an act omitted or committed in violation
of public law forbidding or commanding it.
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CRIMINAL LAW 1
3.) Felony
-is an act or omission punishable by The
Revised Penal Code.
4.) Offense
-may be defined as an act or omission
punishable by Special Laws.
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CRIMINAL LAW 1
5.) CRIMINAL LAW
-may be defined as a branch of public or municipal law,
which defines crimes, treats of their nature and
provides for their punishment.
6.) Omission
-means inaction, failure to do a positive duty, which one
is bound to do.
7.) Act
-means any bodily movement tending to produce some
effect in the external world.
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DIFFERENT PHILOSOPHIES
UNDERLYING CRIMINAL LAW
SYSTEM:
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PHILOSOPHIES UNDERLYING
CRIMINAL LAW SYSTEM
1.) Classical/Juristic Theory
-Best remembered by the maxim “an eye for
an eye, a tooth for a tooth”. The purpose of
penalty is retribution. The offender is made to
suffer for the wrong he has done.
A man is regarded as a moral creature who
understands right from wrong; he must be
prepared to accept the punishment therefore.
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PHILOSOPHIES UNDERLYING
CRIMINAL LAW SYSTEM
2.) Positive/Realistic Theory
-The purpose of penalty is reformation. Crimes
are regarded as a social phenomenon, which
constrains a person to do wrong although not
his own volition. A tendency towards crime is
the product of one’s environment. There is no
such thing as natural born killer. This was
criticized as being too lenient.
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PHILOSOPHIES UNDERLYING
CRIMINAL LAW SYSTEM
3.) Eclectic/Mixed Theory
-This combines both positivist and
classical thinking. Crimes that are
economic and social in nature should be
dealt with in a positivist manner, thus the
law is more compassionate. Heinous
crimes should be dealt with in a classical
manner, thus capital punishment. The
Revised Penal Code follows the mixed/
eclectic theory.
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PHILOSOPHIES UNDERLYING
CRIMINAL LAW SYSTEM
3.) Eclectic/Mixed Theory
Example:
Intoxication of the offender is
considered to mitigate his criminal
liability, unless it is intentional or
habitual.
A woman who killed her child to conceal
her dishonor has in her favor mitigating
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circumstances.
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BASIC MAXIMS IN
CRIMINAL LAW
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BASIC MAXIMS IN CRIMINAL
LAW
1.) Doctrine of PRO REO
-Whenever a penal law is to be
constructed or applied and the law
admits of two interpretations, one
lenient to the offender, and one strict to
the offender, the latter interpretation,
which is lenient of favorable to the
offender, will be adopted.
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BASIC MAXIMS IN CRIMINAL
LAW
1.) Doctrine of PRO REO
-This is in consonance with the
fundamental rule that all doubts shall
be construed in favor of the accused
and consistent with presumption of
innocence of the accused.
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BASIC MAXIMS IN CRIMINAL
LAW
2.) Nullum Crimen Nulla Poena Sine Legis
-There is no crime when there is no law
punishing the same. Because of this
maxim, there is no common law crime
in the Philippines, no matter how
wrongful, evil or bad the acts is, if there
is no law defining the act, the same is
not considered a crime.
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BASIC MAXIMS IN CRIMINAL
LAW
-Common Law Crimes are wrongful acts
which the community condemns as
contemptible, even though there is no
law declaring the act criminal.
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BASIC MAXIMS IN CRIMINAL
LAW
3.) Actus on Facit Reum, Nisi Mens Sit Rea
-The act cannot be criminal where the
mind is not criminal. This is only true to
a felony committed intentionally or
characterized as DOLO, but not those
felonies resulting form negligence
(Culpa).
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BASIC MAXIMS IN CRIMINAL
LAW
4.) Actus me invito est meus actus
-An act done by me against my will is
not my act. Usually, this is applicable to
exempting circumstances particularly
paragraph 5 and 6 of Art. 12 of the RPC.
The offender is under the compulsion
of an irresistible force and
uncontrollable fear.
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PURPOSES OF
CRIMINAL LAW
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PURPOSES OF CRIMINAL LAW
1.) To reform (reformation);
2.) To deter others (deterrence);
3.) To prevent the offender from
committing further crimes (prevention);
4.) To defend the State against crimes
(self-defense);
5.) To set an example (exemplarity).
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SOURCES OF CRIMINAL
LAW
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SOURCES OF CRIMINAL LAW
1.) The Revised Penal Code (Act. No. 3815)
which took effect on January 01, 1932;
2.) Acts of the Philippine Legislature,
National Assembly, congress of the
Philippine, Batasang Pambansa,
Presidential Decrees, Executive Orders,
etc.;
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THE CLASSICAL THEORY
OF CRIMINAL LAW BEING
ADOPTED IN THE
PHILIPPINES
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THE CLASSICAL THEORY OF
CRIMINAL LAW BEING ADOPTED
IN THE PHILIPPINES
 “Basic criminal liability is human free will
and the purpose of penalty is retribution. It
endeavors to establish mechanical and
direct proportion between crime and
penalty”.
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RULES ON
CONSTRUCTION OF
PENAL LAWS
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RULES ON CONSTRUCTION OF
PENAL LAWS
 A penal law is liberally constructed in
favor of the offender. Quantum of
evidence is proof beyond reasonable
doubt.
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PARTS OF THE REVISED
PENAL CODE
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PARTS OF THE REVISED PENAL
CODE
1.) Principles affecting Criminal Liability
(Arts. 1-20)
2.) Penalties including liability
(Arts. 21 to 113)
3.) Specific Felonies and their Penalties
(Arts. 114-366)
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EFFECTIVITY OF THE
REVISED PENAL CODE:
January 1, 1932.
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THREE GENERAL
CHARACTERISITIC OF
CRIMINAL LAW
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THREE GENERAL
CHARACTERISITIC OF CRIMINAL
LAW
1.) GENERALITY
-That the law is binding upon all persons
who reside or sojourn in the Philippines,
irrespective of age, sex, color, creed or
personal circumstances. (Art. 114, NCC)
;
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THREE GENERAL
CHARACTERISITIC OF CRIMINAL
LAW
2.) TERRITORIALITY
-That the law is applicable to all crimes
committed within the limits of Philippine
territory, which includes its atmosphere,
interior waters and maritime zone. (Art. 2,
RPC, see Art. 1 of the Philippine
Constitution);
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THREE GENERAL
CHARACTERISITIC OF CRIMINAL
LAW
3.) IRRETROSPECTIVITY OR
PROSPECTIVITY
-That the law does not have any
retroactive effect (Art. 4, NCC) except if
it favors the offender (Art. 22, RPC) who
is not a habitual criminal (Art. 62, par. 5
RPC).
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THREE GENERAL
CHARACTERISITIC OF CRIMINAL
LAW
-Penal laws shall not be given retroactive
effect. Acts or omission will only be subject to
a penal law if they are committed after a penal
law had already taken effect. Penal laws
operate only prospectivity.
 Exception: If the penal law is favorable to the
accused.
 Exemption to the exception: If the accused is
habitual delinquent.
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THREE GENERAL
CHARACTERISITIC OF CRIMINAL
LAW
Example:
A, was convicted for illegal Possession of
firearm in 1995. The penalty for IP of F/A at
that time was 12 years and 1 day to 20 years.
On 1998 a law was passed lowering the penalty
to 6 years and 1 day to 10 years. Will the new
law be given retroactive effect to “A” that is
now serving his sentence?
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THREE GENERAL
CHARACTERISITIC OF CRIMINAL
LAW
Answer:
Yes, the law can be retroactively applied
because it is favorable to the accused.
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ART. 2
EXTRA-TERRITORIAL
JURISDICTION
(Exception to territoriality)
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EXTRA-TERRITORIAL
JURISDICTION
Rules as to jurisdiction over crimes
committed abroad a foreign merchant
vessel:
1.) French Rule:
This rule suggest that such crimes are not
triable in the court of that country, unless
their commission affects the peace and
security or the safety of the state is
endangered.

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EXTRA-TERRITORIAL
JURISDICTION
2.) English Rule:
Meaning, such crimes are triable in that
country, unless they merely affects
things within the vessel or they refer to
the internal management thereof.
Take Note:
The English rule is what is being applied
here in the Philippines.
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FELONIES & CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY

ART. 3
-FELONIES (Either by dolo or culpa)
ELEMENTS OF FELONY
a.) there must be an act of omission
b.) such act or omission is punishable by RPC;
and
c.) committed either by dolo or culpa.
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FELONIES & CIRCUMSTANCES WHICH
AFFECT CRIMINAL LIABILITY
ELEMENTS OF DOLO
 intelligence
 freedom
 criminal intent
ELEMENTS OF CULPA
 intelligence
 freedom
 negligence/
imprudence
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FELONIES & CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
Intent
-the purpose to use a particular means
to affect such result while
 Motive
-the moving power, which impels one to
action for a definite result, e.g. Jealousy,
revenge.

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FELONIES & CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY

Proximate Cause
-That cause, which, in natural and
continuous sequence, unbroken by any
efficient intervening cause, procedures
injury, and without which the result
would not have been committed
(Bataclan V. Medina 102 Phil. 181)
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FELONIES & CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY

MALA INSE
-An act mala inse is a wrong act from its
very nature as those felonies punished
in the Revised Penal Code.
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FELONIES & CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY

MALA PROHIBITA
-An act mala prohibita is a wrong
because law prohibits it. Without the
law punishing the act, it cannot be
considered wring.
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FELONIES & CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
Hence the mere commission of that act
is what constitutes the offense
punished and criminal intent will be
immaterial for reason of public policy.
So, mere carrying of a firearm within a
polling place is punished by the
Revised Election Code, regardless
whether or not the offender had the
intention to violate the law.
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ART. 4 – WHO INCURS
CRIMINAL LIABILITY
 Criminal liability shall be incurred by any
person:
1.) Committing a felony (delito) although
the wrongful act done be different from
that which he intended; and
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ART. 4 – WHO INCURS
CRIMINAL LIABILITY
2.) performing an act which would be an
offense against persons or property,
were it not for the inherent impossibility
of its accomplishment or on account of
the employment of inadequate or
ineffectual means (impossible crime – a
crime of last resort).
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ART. 4 – WHO INCURS
CRIMINAL LIABILITY
 Error in personae (Mistake in Identity)
 Aberratio Ictus (Mistake in Blow)
 Praeter Intentionem (The act exceeds the
Intent)
 Impossible Crime
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ART. 5 – DUTY OF COURTS:
1.) If the act charged is not punished by
law which the Court deems proper to
repress;
2.) In case of excessive penalty.
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ART. 6 – STAGES IN THE
COMMISSION OF FELONY
1.) Consummated Felony, A Felony is
consummated when all the elements
necessary for its execution and
accomplishment are present.
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ART. 6 – STAGES IN THE
COMMISSION OF FELONY
2.) Frustrated Felony, A felony is frustrated
when the offender performs all the acts
of execution, which would produce the
felony as a consequence, but, which,
nevertheless, do not produce it by
reason of cause independent of the will
of the perpetrator.
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ART. 6 – STAGES IN THE
COMMISSION OF FELONY
3.) Attempted Felony, There is an attempt
when the offender commence of the
crime directly by overt acts, and does
not perform all the acts of execution
which would produce the felony by
reason of some cause or accident other
than his own spontaneous desistance.
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ART. 6 – STAGES IN THE
COMMISSION OF FELONY
 What is an indeterminate offense?
-It is one where the purpose of the offender in
performing an act is not certain. Acts which are
susceptible of double interpretation, that is in
favor as well as against the accused, and which
show an innocent as well as punishable act,
must not and can not furnish grounds by
themselves for attempted crime. (Peoples V.
Lamahang. 61 Phil. 707)
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ART. 7 – WHEN LIGHT FELONIES
ARE PUNISHABLE:
 Light felonies:
-are those infractions of law for the commission of
which the penalty of arresto menor or a fine exceeding
200 pesos, or both, is provided.
 General Rule:
-Light felonies are punishable only when they have
been consummated.
 Exception:
-Light felonies committed against persons or
properties are punishable even if attempted or
frustrated.
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ART. 8 – CONSPIRACY AND
PROPOSAL TO COMMIT A CRIME
 Kinds:
1.) Conspiracy and proposal to commit
felony as a crime.
Ex.:
-Conspiracy to and proposal to commit
rebellion, treason and sedition.
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ART. 8 – CONSPIRACY AND
PROPOSAL TO COMMIT A CRIME
2.) Conspiracy and Proposal to commit
felony as a manner of incurring criminal
liability. (The act of one is the act of all)
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ART. 8 – CONSPIRACY AND
PROPOSAL TO COMMIT A CRIME
 Conspiracy exists when two or more
persons come to an agreement
concerning the commission of a felony
and decide to commit it. Requisites of
conspiracy are:
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ART. 8 – CONSPIRACY AND
PROPOSAL TO COMMIT A CRIME
1.) there are two or more persons;
2.) who come to an agreement;
3.) concerning the commission of a felony;
and
4.) they decide to commit the felony.
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ART. 8 – CONSPIRACY AND
PROPOSAL TO COMMIT A CRIME
 Proposal, There is a proposal when the
person who has decided to commit
felony proposes it execution to some
other person or persons. Requisites are:
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ART. 8 – CONSPIRACY AND
PROPOSAL TO COMMIT A CRIME
1.) a person has decided to commit a
felony; and
2.) after such decision, he proposes the
execution of the felony to some other
person or persons.
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ART. 8 – CONSPIRACY AND
PROPOSAL TO COMMIT A CRIME
Not Punishable Except:
 rebellion
 sedition
 treason
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ART. 9 – CLASSIFICATION
FELONIES ACCORDING TO
GRAVITY
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1.) Grave felonies
-those which the law attaches a capital
punishment or a penalty which is
afflictive in any its periods;
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ART. 9 – CLASSIFICATION
FELONIES ACCORDING TO
GRAVITY
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2.) Less Grave Felonies
-those in which the penalties in their
maximum period are correctional;
3.) Light Felonies
-those infractions of law in which the
penalty of arresto menor or a fine of not
exceeding P200.00 or both.
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ART. 10 – OFFENSES NOT
SUBJECT TO THE PROVISIONS OF
THE REVISED PENAL CODE
 Suppletory in Nature
-Offenses which are or in the future may
be punishable under special laws are not
subject to the provisions of this Code.
This Code shall be supplementary to
such laws, unless the latter should
especially provide the contrary.
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CHAPTER 2
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES WHICH
EXEMPT FROM CRIMINAL
LIABILITY
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ART 11. – JUSTIFYING
CIRCUMSTANCES
 JUSTIFYING
-those wherein the acts of the actor are
in accordance with law, and hence, he
incurs no criminal and civil liability
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ART 11. – JUSTIFYING
CIRCUMSTANCES
1.) Self-defense – requisites:
a.) unlawful aggression
b.) reasonable necessity of the means
employed to prevent or repel it; and
c.) lack of sufficient provocation on the
part of the person defending himself.
2.) Defense of relative
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ART 11. – JUSTIFYING
CIRCUMSTANCES
3.) Defense of stranger
4.) State of necessity
-doing an act which causes damage to
another to avoid an evil or injury.
Requisites are:
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ART 11. – JUSTIFYING
CIRCUMSTANCES
a.) the evil to be avoided actually exists;
b.) the injury feared be greater than that
done to avoid it; and
c.) there be no other practical and less
harmful means of preventing it.
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ART 11. – JUSTIFYING
CIRCUMSTANCES
5.) Fulfillment of duty or exercise of right of
office.
6.) Obedience to superior order for a lawful
purpose.
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ART 11. – JUSTIFYING
CIRCUMSTANCES
-In self-defense the burden of proof
rests upon the accused. His duty is to
established self-defense by clear and
convincing evidence; otherwise
conviction would follow from his
admission that he killed the victim.
(People v. Mercado 159 Phil. 453)
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ART 11. – JUSTIFYING
CIRCUMSTANCES
-The discrepancy on accused-appellants
testimony as to whether he stabbed the
victim on the left or the right side of his
chest is of such a material character
that it renders his entire testimony
dubious at best. The mere fact that the
accused-appellant was injured does not
prove his claim of self-defense. (People
v. Gadia, September
21, 2001)
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ART 11. – JUSTIFYING
CIRCUMSTANCES
-Reasonable necessity of the means
employed is negated by the location
and severity of the victim’s wounds.
Mortal wounds at vital parts of the
victim’s body indicate appellant’s
determination to kill the deceased and
not merely to defend himself. (People v.
Zate, Nov. 17, 2001)
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ART. 12 – EXCEPTING
CIRCUMSTANCES
-those wherein there is an absence in
the agent of the crime any of the
conditions what would make an act
voluntary and, hence, although there is
no criminal liability, there is civil liability.
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ART. 12 – EXEMPTING
CIRCUMSTANCES
1.) an imbecile or an insane person, unless
the latter has acted during a lucid
interval;
2.) a person under nine years of age;
3.) a person under nine years old and under
fifteen, unless he has acted with
discernment;
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ART. 12 – EXCEPTING
CIRCUMSTANCES
4.) any person who, while performing a
lawful act with due care, causes an
injury by mere accident without fault or
intention of causing it;
5.) any person who acts under the
compulsion of irresistible force;
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ART. 12 – EXCEPTING
CIRCUMSTANCES
6.) any person who acts under the impulse
of an uncontrollable fear of an equal or
greater injury; and
7.) any person who fails to perform an act
required by law, when prevented by
some lawful insuperable cause.
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ART. 12 – EXCEPTING
CIRCUMSTANCES
 Other cases of non-liability for a felony:
1.) prescription;
2.) relationship in crimes of theft, swindling and
malicious mischief;
3.) relationship in some accessories;
4.) pardon by offended party and marriage between
offender and offened party;
5.) infliction of physical injuries under stated
conditions (art. 247);
6.) amnesty; and
7.)pardon by the Chief Executive.
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CHAPTER 3
MITIGATING
CIRCUMSTANCES
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ARTICLE 13. MITIGATING
CIRCUMSTANCES
 MITIGATING – (Art. 13) those that have
the effect of reducing the penalty
because there is a diminution of any of
the elements of dolo or culpa which
makes the act voluntary or because of
the lesser perversity of the offender.
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ARTICLE 13. MITIGATING
CIRCUMSTANCES
1.) those mentioned in the preceding chapter
when all the requisites necessary to justify the
act are not attendant.
2.) Incomplete self-defense. Unlawful aggression
on the part of the victim is an indispensable
requisite in order to be entitled from
privileged mitigating circumstances (P. v.
Mazo, Oct. 17, 2001)
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ARTICLE 13. MITIGATING
CIRCUMSTANCES
3.) Under eighteen or over seventy years
old.
4.) No intention to commit so grave a
wrong as that committed.
5.) Sufficient provocation or threat on the
part of the offended party immediately
preceded the act.
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ARTICLE 13. MITIGATING
CIRCUMSTANCES
6.) Act was committed in the immediate
vindication of a grave offense to the
one committing the felony.
7.) Having acted upon an impulse so
powerful as naturally to have produced
passion or obfuscation.
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ARTICLE 13. MITIGATING
CIRCUMSTANCES
8.) Voluntary surrender. Requisites: (1) The
offender has not been arrested; (2) he
surrendered himself to a person in
authority or agent of a person in authority;
and (3) his surrender was voluntary. (P. v.
Gadia, Sept. 21, 2001)
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ARTICLE 13. MITIGATING
CIRCUMSTANCES
9.) Offender is deaf and dumb, blind or
suffering from physical defects that
restrict his means of action, defense or
communication.
10.) Such illness of the offender as would
diminish the exercise of the
will-power of the offender without
depriving him of the consciousness of
his acts.
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ARTICLE 13. MITIGATING
CIRCUMSTANCES
11.) Voluntary confession of guilt. Not appreciated
where accused appellant merely proposed to the
prosecution that he plead guilty to the crime of
homicide during the pre-trial for murder, which
was rejected by the prosecution. (P. v. Quinicio,
Sept. 13,2001)
The confession of guilt must be made prior to
the presentation of the evidence for the
prosecution. (Pagayao v. Imbing., Aug. 15, 2001)
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CHAPTER 4
CIRCUMSTANCES WHICH
AGGRAVATE CRIMINAL
LIABILITY
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ARTICLE 14. AGGRAVATING
CIRCUMSTANCES
 AGGRAVATING – (Art. 14) those which
serves to increase the penalty without
exceeding the maximum provided by law
because of the greater perversity of the
offender as shown by the motivating
power of the commission of the crime,
the time and place of its commission, the
means employed or the personal
circumstance
of the offender.
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ARTICLE 14. AGGRAVATING
CIRCUMSTANCES
Aggravating when the crime is
committed in any or through the
following:
1.) advantage by the offender’s public
position;
2.) in contempt of or with insult to the
public authorities;

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ARTICLE 14. AGGRAVATING
CIRCUMSTANCES
3.) with insult or disregard of the respect
due the offended party (rank, sex, age
or if in the offended party’s dwelling;
4.) with abuse of confidence or obvious
ungratefulness;
5.) in the palace of the Chief Executive (in
his presence, where public are gathered
in discharge of their duties, or in places
of religious worship);
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ARTICLE 14. AGGRAVATING
CIRCUMSTANCES
6.) in night time, or uninhabited place, or by
a band);
7.) on the occasion of conflagration,
shipwreck, earthquake, epidemic or
other calamity or misfortune;
8.) with the aid of armed men to insure or
afford impunity;
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ARTICLE 14. AGGRAVATING
CIRCUMSTANCES
9.) accused is recidivist;
10.) offender has been previously punished
by an offense with an equal or greater
penalty or for two or more crimes with
lighter penalty;
11.) in consideration of a price, reward, or
promise;
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ARTICLE 14. AGGRAVATING
CIRCUMSTANCES
12.) by means of inundation, fire, poison,
explosion, stranding of a vessel or
intentional damage thereto, derailment
of locomotive, or by the use of any
other artifice involving great waste and
ruin;
13.) with evident premeditation;
14.) employing craft, fraud or disguise;
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ARTICLE 14. AGGRAVATING
CIRCUMSTANCES
15.) advantage be taken of superior
strength, or means employed to weaken
the defense;
16.) with treachery;
17.) means employed add ignominy to the
natural effects of the act;
18.) after an unlawful entry;
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ARTICLE 14. AGGRAVATING
CIRCUMSTANCES
19.) a wall, roof, door, or window be broken;
20.) with the aid of persons under fifteen
years of age or by mean of motor
vehicles, motorized watercrafts,
airships or other similar means; and
21.) deliberately augmented by causing
other wrong not necessary for its
commission.
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ARTICLE 14. AGGRAVATING
CIRCUMSTANCES
 Dwelling Aggravating, when the crime is
committed in the dwelling of the
offended party and the latter has not
been given provocation. (People v.
Perreras, July 31, 2001)
 Night time. It is aggravating when the
offender specially sought the darkness in
order to facilitate the commission of the
crime.
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ARTICLE 14. AGGRAVATING
CIRCUMSTANCES
 Evident Premeditation. Not to be appreciated
where there is neither evidence of planning or
preparation to kill nor the time when the plot
was conceived.
 Abuse of superior strength. Use of excessive
force out of proportion to the means available
to the person attacked to defend himself. The
use of force must be deliberate on the part of
the malefactor. (People v. Almendras. Dec. 20,
2001)
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ARTICLE 14. AGGRAVATING
CIRCUMSTANCES
 Treachery. Exist when the offender
commits any of the crimes against
person, employing means, methods or
forms in the execution thereof which
tend directly ands specially to insure its
execution with out risk to himself arising
form the defense which offended party
might make. (People v. Perreras Dec. 5,
2001)
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CHAPTER 5 –
ALTERNATIVE
CIRCUMSTANCES
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ARTICLE 15. THEIR CONCEPT
 ALTERNATIVE – (Art. 15) those which are
either aggravating or mitigating
according to the nature and effects of the
crime and other conditions attending to
its commission.
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ARTICLE 15. THEIR CONCEPT
 Intoxication. It is mitigating when the
offender has committed a felony in a
state of intoxication, if the same is not
habitual or subsequent to the plan to
commit said felony. (People v. Domingo,
August 9, 2001)
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ARTICLE 15. THEIR CONCEPT
 Relationship. Considered as generic
aggravating circumstances in crimes of
rape and acts of lasciviousness. (P. v.
Toralba, August 9, 2001)
 Degree of instruction or education of the
offender.
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TITLE TWO
PERSONS CRIMINALLY
LIABLE FOR FELONIES
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ART. 16 – WHO ARE
CRIMINALLY LIABLE?
1.) Who are liable for Grave and Less Grave
Felonies?
a.) principals;
b.) accomplices; and
c.) accessories.
2.) Who are liable for Light Felonies?
a.) Principals; and
b.) Accomplices.
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ART. 17 – WHO ARE PRINCIPALS?
1.) Principals Who take Direct part in the
Execution of the Act;
2.) Principal Who directly Forces or
Induces Others to Commit a Crime; and
3.) Principals Who cooperate in the
Commission of the Offense by Another
Act without which it would not have
been accomplished.
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ART. 18 – WHO ARE
ACCOMPLICES?
 Those who not being included in Article
17, cooperate in the execution of the
offense by previous or simultaneous acts.
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ART. 19 – WHO ARE
ACCESSORIES?
1.) those who have knowledge in the
commission of the crime;
2.) take part subsequent to its commission
in any of the following manner:
a.) by profiting themselves or assisting
the offender to profit from the effects of
the crime;
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ART. 19 – WHO ARE
ACCESSORIES?
b.) by concealing or destroying the body of the
crime or the effects or instruments thereof, in
order to prevent its discovery;
c.) by harboring, concealing, or assisting in the
escape of the principal of the crime if he acts
with abuse of public functions or when the
author of the crime is guilty of treason,
parricide, murder or an attempt to take the
life of the Chief Executive or is known to be
habitually guilty of some other crime.
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ART. 20 – EXCEMPTED
ACCESSORIES
 spouse, ascendants, descendants,
legitimated, natural and adopted brothers
and sisters, or relatives by affinity within
the same degrees.
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TITLE THREE
PENALTIES
CHAPTER 1 - PENALTIES IN
GENERAL
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Chapter 1-PENALTIES IN
GENERAL
 PENALTY DEFINED
- In its general sense, penalty signifies
pain; in its juridical sphere , penalty
means the suffering undergone, because
of the action of society, by one who
commit a crime. Hence, penalty is
imposed only after a conviction in a
criminal action.
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Chapter 1-PENALTIES IN
GENERAL
 JURIDICAL CONDITIONS OF PENALTY
1.) Must be productive of suffering but the
limit is the integrity of human personality;
2.) Must proportionate to the crime in the
sense that different penalties are
prescribed for different felonies;
3.) Must be personal as must be imposed
only upon the criminal and no other;
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Chapter 1-PENALTIES IN
GENERAL
4.) Must be legal it must be in
consequence of a judgment according
to law;
5.) Must be certain so that one cannot
escape from it;
6.) Must be equal in the sense that it
applies to all persons regardless of
circumstances;
7.) Must be correctional. (Serve as
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deterrence
to others) or Exemplary;
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Chapter 1-PENALTIES IN
GENERAL
PURPOSE OF THE STATE IN PUNISHING
CRIMES
-For justice, because the State has an
existence of its own maintain a
conscience to assert and moral
principles to vindicate. Penal justice
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Chapter 1-PENALTIES IN
GENERAL
CONSTITUTIONAL LIMITATIONS ON
PENALTIES
1.)Excessive fines shall not be imposed,
nor cruel, degrading or inhuman
punishment inflicted;
2.) Death penalty shall not be imposed,
unless, for compelling reasons
involving heinous crimes. Congress
shall provide for it.
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ART. 21 – WHAT PENALTIES MAY
BE IMPOSED?
 Only those provided by law prior to the
commission of a felony
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ART. 22 – RETROACTIVITY OF
PENAL LAWS
 Except if favorable to the accused who is
not a habitual criminal.
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ART. 23 – EFFECT OF PARDON BY
THE OFFENDED PARTY ON THE
PROSECUTION OF THE OFFENDER.
1.) The criminal action in public crimes is not
extinguished.
2.) Regarding private Crimes (Arts. 333 to 343)
Criminal Liability is extinguished.
3.) The civil liability with respect to the interest of
the injured party in any crime, whether public
or private, is extinguished by express waiver.
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ART. 24 – MEASURES OF
PREVENTION OR SAFETY ARE NOT
CONSIDERED PENALTIES
 Detention due to:
a.) Insanity, imbecility, illness requiring
confinement at hospital;
b.) Commitment of a minor in accordance with P.
D. 603 as amended;
c.) Suspension from public office during trial or
in-order to institute the action is not a penalty
because it is not imposed in a judicial
proceeding;
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ART. 24 – MEASURES OF
PREVENTION OR SAFETY ARE NOT
CONSIDERED PENALTIES
d.) Fines and other corrective measures
imposed by superior officers upon their
subordinate in the exercise of
administrative or disciplinary powers.
e.) Deprivation of rights and reparations
which the civil law establishes in penal
form.
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CHAPTER 2 CLASSIFICATION OF
PENALTIES
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ART. 25 – CLASSIFICATION OF
PENALTIES UNDER THE R.P.C.
1.) Principal
– that provided by law for a felony and
which is imposed by the court
expressly by court expressly upon
conviction
2.) Accessory
– that deemed included in the imposition
of the principal penalty.
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ART. 25 – CLASSIFICATION OF
PENALTIES UNDER THE R.P.C.
WHAT PENALTIES MY EITHER BE
PRINCIPAL OR ACCESSORY?
1.) Perpetual or temporary absolute
disqualification;
2.) Perpetual or temporary special
disqualification; and
3.) Suspension
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ART. 25 – CLASSIFICATION OF
PENALTIES UNDER THE R.P.C.
SCALE OF PRINCIPAL PENALTIES:
1.) Capital Punishment – Death
2.) Afflictive Penalties
a.) reclusion perpetua
b.) reclusion temporal
c.) perpetual or temporary absolute
disqualification
d.) perpetual or temporary special disqualification
e.) prision mayor
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ART. 25 – CLASSIFICATION OF
PENALTIES UNDER THE R.P.C.
3.) Correctional Penalties
a.) prision correccional
b.) arresto mayor
c.) suspension
d.) destierro
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ART. 25 – CLASSIFICATION OF
PENALTIES UNDER THE R.P.C.
4.) Light Penalties
a.) arresto menor
b.) public censure
5.) Penalties common to the three
preceding classes
a.) fine, and
b.) bond to keep peace
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ART. 25 – CLASSIFICATION OF
PENALTIES UNDER THE R.P.C.
ACCESSORY PENALTIES
1.) perpetual or temporary absolute
disqualification
2.) perpetual or temporary special disqualification
3.) suspension from public office, the right to
vote
and be voted for, the profession or
calling
4.) civil interdiction
5.) indemnification
6.) forfeiture or confiscation of instruments and
proceeds of the offense
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7.) payment ofVisit
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CHAPTER 3 – DURATION
AND EFFECTS OF
PENALTIES
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ART. 26 – WHEN IS FINE
AFFLICTIVE, CORRECTIONAL OR
LIGHT?
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1.) Afflictive
– more than P6,000.00
2.) Correctional
– not less than P200.00 but
than 6,000.00
3.) Light
– less than P200.00
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not more
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ART. 27 – DURATION OF
PENALTIES
 RECLUSION PERPETUA
– after serving 30 years, the convict may
be pardoned;
 RECLUSION TEMPORAL
– 12 years and 1 day to 20 years;
 PRISION MAYOR AND TEMPORARY
DISQUALIFICATION
– 6 years and
1 day to 12 years;
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ART. 27 – DURATION OF
PENALTIES
 PRISION CORRECTIONAL, DESTIERRO,
SUSPENSION
– 6 months and 1 day to 6 years.
 ARRESTO MAYOR
– 1 month and 1 day to 6 months;
 ARRESTO MENOR
– 1 day to 30 days; and
 BOND TO KEEP THE PEACE
– such period of time as the may require.
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ART. 28 – COMPUTATION OF
PENALTIES
-If the offender shall be on prison, the
terms of the duration of the temporary
penalties shall be computed from the day
on which the judgment of conviction
shall have become final.
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ART. 29 – OFFENDERS ENTITLED
TO A DEDUCTION OF THEIR
PREVENTIVE IMPRISONMENT
FROM THE TERM OF
IMPRISONMENT.
-If the detention prisoner agrees
voluntarily in writing to abide the same
disciplinary rules imposed on convicted
prisoners, except in the following cases;
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ART. 29 – OFFENDERS ENTITLED
TO A DEDUCTION OF THEIR
PREVENTIVE IMPRISONMENT
FROM THE TERM OF
IMPRISONMENT.
1.) he/she is a recidivist or convicted twice
or more times of any crime;
2.) when summoned for the execution of
his/her sentence failed to surrender
voluntarily.
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ART. 30 – EFFECTS OF PERPETUAL
OR TEMPORARY ABSOLUTE
DISQUALIFICATION.
1.) Deprivation of any public office or
employment of the offender;
2.) Deprivation of the right to vote in any election
or to be voted upon
3.) Disqualification for any public office and for
the exercise of any rights mentioned; and
4.) Loss of rights to retirement pay or pension.
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ART. 31 – EFFECTS OF PERPETUAL
OR TEMPORARY SPECIAL
DISQUALIFICATION FOR PUBLIC
OFFICE, PROFESSION OR CALLING.
 Deprivation of the office, employment,
profession or calling affected;
 Disqualification for holding similar
offices or employment’s during the
period of disqualification.
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ART. 32 – EFFECTS OF PERPETUAL
OR TEMPORARY SPECIAL
DISQUALIFICATION FOR THE
EXERCISE OF RIGHT SUFFRAGE.


Deprivation of the right to vote or be
elected to an office.
Cannot hold any public office during the
period of disqualification.
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ART. 33 – EFFECTS OF
SUSPENSION FROM PUBLIC
OFFICE, PROFESSION OR RIGHT
OF SUFFRAGE.
1.) Disqualification from holding such office or
the exercise of such profession or right of
suffrage during the term of the sentence;
2.) Cannot another office having similar functions
during the period of suspension.
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ART. 34 – EFFECTS OF CIVIL
INTERDICTION
1.) parental authority;
2.) guardianship over the ward
3.) marital authority;
4.) right to manage his property and to
dispose of the same by an act inter vivo.
5.) Civil interdiction is an accessory penalty
to the following principal penalties: a)
Art. 40 Reclusion Perpetua b.) Art. 41
ReclusionVisit
Temporal.
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ART. 35 – BOND TO KEEP THE
PEACE
 Offender presents two sufficient sureties
who shall undertake that he will not
commit the offense sought to be
prevented and in case such offense is
committed, the shall pay the amount
determined by the court, or deposit may
be made by the offender to guarantee
such undertaking;
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ART. 35 – BOND TO KEEP THE
PEACE
 If the offender cannot give the bond, he
may be detained for a period not
exceeding 6 months if prosecuted for
grave or less felony or for a period not to
exceed 30 days, for a light felony.
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ART. 36 – EFFECTS OF PARDON BY
THE CHIEF EXECUTIVE
1.) An absolute pardon extinguishes the criminal
liability of the offender (Art. 89, par. 3);
2.) It does exempt the offender from the payment
of the civil indemnity imposed in the
sentenced. (Art. 36);
3.) It does not restore the right to hold public
office or the right of suffrage unless such
rights are expressly restored by the terms of
the pardon.
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ART. 36 – EFFECTS OF PARDON BY
THE CHIEF EXECUTIVE
EXEMPTIONS/LIMITATIONS
 Such power does not extend to cases of
impeachment;
 In election offenses, it can be exercised
only upon prior recommendation of the
COMELEC.
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ART. 37 – WHAT ARE INCLUDED
IN COSTS?
1.) Fees, indemnities in the course of
judicial proceedings;
2.) Such may be fixed amounts already
determined by law or regulations or
amounts subject to schedule.
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ART. 38 – PECUNIARY LIABILITIES
OF THE OFFENDER
1.) Reparation of the damaged caused;
2.) Indemnification of consequential
damages;
3.) Fine; and
4.) Costs of the proceedings.
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ART. 39 – RULES GOVERNING
SUBSIDIARY IMPRISONMENT
 Penalty imposed is prision correccional
or arresto and fine – subsidiary
imprisonment (a) not exceed1/3 of the
term of the sentence; and (b) not to
continue longer than one (1) year.
Fraction or part of a day is not counted.
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ART. 40 – PENALTIES IN WHICH
OTHER ACCESSORY PENALTIES
ARE INHERENT (ART. 40-44)
1.) Reclusion Perpetua & Reclusion Temporal
a.) Civil Interdiction;
b.) Absolute perpetual disqualification unless
expressly remitted in the pardon; (Art.41)
2.) Prision Mayor
a.) Temporary absolute disqualification and
b.) Perpetual special disqualification from right
suffrage unless expressly remitted in the
pardon. (Art. 42)
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ART. 40 – PENALTIES IN WHICH
OTHER ACCESSORY PENALTIES
ARE INHERENT (ART. 40-44)
3.) Prision Correccional
a.) Suspension from public office, right to follow a
profession or calling;
b.) Perpetual special disqualification from suffrage if
duration of imprisonment exceeds 18 months unless
expressly remitted in the pardon. (Art. 43)
4.) Arresto
a.) Suspension of the right to hold office and suffrage
during the term of the sentence. (Art. 44)
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ART. 45 – CONFISCATION OF
PROCEEDS OR INSTRUMENTS OF
CRIME
1.) The accessory penalty is concluded in
every penalty imposed for the
commission of a crime;
2.) Confiscation in favor of the government;
3.) Property of third person not liable for
the offense is not subject for
confiscation;
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ART. 45 – CONFISCATION OF
PROCEEDS OR INSTRUMENTS OF
CRIME
4.) Property not subject of lawful
commerce though it belongs to a third
person shall be destroyed;
5.) If the government (trial court) did not
order any confiscation of the proceeds
of the crime, the government cannot
appeal as that would increased the
penalty already imposed and the
defendant would be placed in double
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CHAPTER 4 APPLICATION OF
PENALTIES
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ART. 46 – PENALTY OF PRINCIPAL
IN CONSUMATED FELONY
 The penalty provided by law;
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ART. 47 – WHEN DEATH PENALTY
IS NOT IMPOSED
1.) When the guilty person is more than 70 yrs. of
age;
2.) When upon appeal or revision of the case by
the Supreme Court eight (8) justices are
unanimous in the voting as to propriety of the
imposition of the death penalty;
3.) When the offender is a minor under 18 yrs. of
age.
4.) When the offender is a pregnant woman.
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ART. 48 – WHAT IS THE PENALTY
FOR COMPLEX CRIME?
1.) The penalty for the most serious offense
2.) Compound Crime
3.) Complex Crime Proper
 Compound Crime is one where a single act
produces two or more crimes.
 Complex Crime is one where the offender has
to commit an offense as a necessary means
for the commission of another offense.
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ART. 48 – WHAT IS THE PENALTY
FOR COMPLEX CRIME?

Composite Crime/special Complex
Crime is one, which substance is made
up of more than one crime, but which in
the eyes of the law is only a single
indivisible offense. Ex. Robbery with
Homicide.
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ART. 48 – WHAT IS THE PENALTY
FOR COMPLEX CRIME?

Continued Crime is one where the
offender performs a series of act
violating one and the same penal
provision committed at the same place
and about the same time for the same
criminal purpose, regardless of a series
of acts done, it is regarded in a law as
one.
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ART. 49 – PENALTY TO BE
IMPOSED UPON THE PRINCIPALS
WHEN THE CRIME COMMITTED IS
DIFFERENT FROM THE INTENDED
1.) If the penalty of the felony committed
be higher than the penalty for the
offense which the accused intended to
commit, the lower penalty shall be
imposed in its maximum period;
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ART. 49 – PENALTY TO BE
IMPOSED UPON THE PRINCIPALS
WHEN THE CRIME COMMITTED IS
DIFFERENT FROM THE INTENDED
2.) If the penalty of the felony committed
be lower than the penalty for the
offense which the accused intended to
commit, the lower penalty shall be
imposed in its maximum period;
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ART. 49 – PENALTY TO BE
IMPOSED UPON THE PRINCIPALS
WHEN THE CRIME COMMITTED IS
DIFFERENT FROM THE INTENDED
3.) If the committed also constitutes an
attempt or frustration of another crime,
and the law prescribes a higher penalty
for either of the latter, the penalty for
the attempted
or
frustrated
crime
shall
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in its maximum period.
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ART. 50 – PENALTY FOR PRINCIPAL IN
FRUSTRATED FELONY
-One (1) degree lower than that prescribed
for consummated felony.
ART. 51 – PENALTY FOR PRINCIPAL IN
ATTEMPTED FELONY
-Two (2) degree lower than that prescribed
for consummated felony.
ART. 52 – PENALTY FOR ACCOMPLICE OF A
CONSUMMATED FELONY
-One (1) degree lower than that prescribed
for a consummated felony
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ART. 53 – PENALTY FOR ACCESSORY OF A
CONSUMMATED FELONY
-Two (2) degrees lower than that prescribed
for a consummated felony
ART. 54 – PENALTY FOR ACCOMPLICE OF A
FRUSTRATED FELONY
-One (1) degree lower than that prescribed
for a frustrated felony
ART. 55 – PENALTY FOR ACCESSORY OF A
FRUSTRATED FELONY
-Two (2) degrees lower than that prescribed
for a frustrated felony
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ART. 56 – PENALTY FOR ACCOMPLICE OF
AN ATTEMPTED FELONY
-One (1) degree lower than that prescribed
for an attempted felony
ART. 57 – PENALTY FOR ACCESSORY OF AN
ATTEMPTED FELONY
-Two (2) degrees lower than that prescribed
for an attempted felony.
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ART. 58 – ADDITIONAL PENALTY
UPON ACCESSORIES COVERED BY
PAR. 3 ART. 19, WHO SHOULD ACT
WITH ABUSE OF PUBLIC
FUNCTIONS
1.) If the principal is guilty of a grave felony,
absolute perpetual disqualification;
2.) If the principal is guilty of a grave felony –
absolute temporary disqualification; and
3.) Light felonies are not included because in
such felonies,
accessories are not liable.
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ART. 59 – PENALTY FOR
IMPOSSIBLE CRIMES
1.) Arresto mayor or a fine from 200 to 500;
2.) In its imposition the court considers the
social danger and the degree of
criminality shown by the offender; and
3.) The penalty cannot apply if the act
performed would constitute a light
felony
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ART. 60 – EXCEPTIONS TO THE
RULES ESTABLISHED IN ARTICLES
50 TO 57
 When the law expressly prescribes the
penalty provided for a frustrated or
attempted felony, or to be imposed upon
accomplices or accessories.
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ART. 61 – RULES OF
GRADUATING PENALTIES
1.) When the penalty prescribed for the
felony is single and indivisible, the
penalty next lower in degree shall be
that immediately following that
indivisible penalty in the respective
graduated scale prescribed in Article 71
of this code.
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ART. 61 – RULES OF
GRADUATING PENALTIES
2.) When the penalty prescribed for the
crime is composed of two indivisible
penalties or of one or more divisible
penalties to be imposed to their full
extent, the penalty next lower in degree
shall be that immediately following the
lesser of the penalties prescribed in the
respective graduated scale.
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ART. 61 – RULES OF
GRADUATING PENALTIES
3.) When the penalty prescribed for the
crime is composed of one or two
indivisible penalties and the maximum
period of another divisible penalty, the
penalty next lower in degree shall be
composed of the medium and
minimum periods of the proper divisible
penalty and the maximum period of that
immediately following in said
respectiveVisitgraduated
scale.
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ART. 61 – RULES OF
GRADUATING PENALTIES
4.) When the penalty prescribed for the crime is
composed of several periods, corresponding
to different divisible penalties, the penalty net
lower in degree shall be composed of the
period immediately following the minimum
prescribed and of the two next following,
which shall be taken from the penalty
prescribed, if possible; otherwise from the
penalty immediately following in the above
mentioned respective graduated scale.
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ART. 61 – RULES OF
GRADUATING PENALTIES
5.) When the law prescribes a penalty for a
crime in some manner not specially
provided for in the four preceding rules,
the courts, proceeding by analogy, shall
impose corresponding penalties upon
those guilty as principals of the
frustrated felony, or of attempt to
commit the same, and upon
accomplices
and accessories.
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Penalty to be imposed upon:
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The principal in an
attempted
crime, the
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Penalty Prescribed for
the Crime
The principal in a frustrated
crime and the accomplice
in a consummated crime.
First Case
Death
Reclusion perpetua
Reclusion temporal
2 nd Case
Reclusion perpetua to
death
Reclusion temporal
Prision mayor
3 rd Case
Reclusion temporal in
its maximum period to
death
Prision mayor in its
maximum period to
reclusion temporal in its
medium period
Prision correccional in its
maximum to prision
mayor in it medium
period
Arresto mayor in its
maximum to prision
correccional in its
medium period
Fine and arresto mayor
in its minimum and
medium periods
4 th Case
Prision mayor in its
maximum period to
reclusion temporal in its
medium
Prision correccional in its
maximum period to prision
mayor in its medium period
Arresto mayor in its
maximum period to
prision correccional in its
medium period
Fine and arresto mayor in
its minimum and
medium periods
Fine
accessory in the
consummated crime, and
the accomplices in a
frustrated crime.
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The accessory in a
frustrated crime, and the
accomplices in an
attempted crime.
The accessory in an
attempted crime.
Prision mayor
Prision correccional
Prision correccional
Arresto mayor
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 ART. 62 – EFFECT OF THE ATTENDANCE OF
MITIGATING OR AGGRAVATING
CIRCUMSTANCES AND OF HABITUAL
DELINQUENCY
 ART. 63 – RULES FOR APPLICATION OF
INDIVISIBLE PENALTIES (Pls. refer to Textbook)
 ART. 64 – RULES FOR THE APPLICATION OF
PENALTIES WHICH CONTAIN THREE PERIODS
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 ART. 65 – RULE IN CASES IN WHICH THE
PENALTY IS NOT COMPOSED OF THREE
PERIODS (Note: the rules in the proceeding
article shall govern)
 ART. 66 – IMPOSITION OF FINES
-The courts may fix any amount within the limits
established by law.
 ART. 67 – PENALTY TO BE IMPOSEDWHEN NOT
ALL THE REQUISITES OF EXEMPTION OF THE
FOURTH (4th) CIRCUMSTANCES OF ART. 12 ARE
PRESENT: (Pls. see Textbook)
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 ART. 68 – PENALTY TO BE IMPOSED UPON A
PERSON UNDER EIGHTHEEN (18) YRS. OF AGE
(Pls. refer to P.D. 603 as Amended)
 ART. 69 – PENALTY TO BE IMPOSED WHEN THE
CRIME COMMITTED IS NOT WHOPLLY
EXCUSABLE
 (Note: Unlawful aggression is indispensable in
self-defense, defense of relatives and defense of
stranger)
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 ART. 70 – SUCCESSIVE SERVICE OF
SENTENCES
(Note: In no case shall a convicted be required to
serve more than forty-(40) yrs. in jail) See also
the three-fold rule.
 ART. 71 – GRADUATED SCALES (Pls. refer to the
text
 ART. 72 – PREFERENCE IN THE PAYMENT OF
THE CIVIL LIABILITES
(First come first serve basis, beginning with the
dates in order of time) of conviction)
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 ART. 73 – PRESUMPTION IN REGARD TO THE
IMPOSITION OF ACCESSORY PENALTIES
(The are considered or must be understood that
the accessory penalties are also imposed upon
the convict)
 ART. 74 – PENALTY HIGHER THAN RECLUSION
PERPETUA IN CERTAIN CASES
(Note: The penalty higher than reclusion perpetua
cannot be death, because the penalty of death
must be specifically imposed by law as a penalty
for a given crime)
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 ART. 75 – INCREASING OR REDUCING
THE PENALTY OF FINE BY ONE OR MORE
DEGREES
 ART. 76 – LEGAL PERIOD OF DURATION
OF DIVISIBLE PENALTIES
(Must consist of three (3) periods –
Minimum, Medium, and Maximum)
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ART. 77 – WHEN PENALTY IS A
COMPLEX ONE COMPOSED OF
THE THREE DISTINCT PENALTIES
 A complex penalty is one prescribed by
law composed of three (3) distinct
penalties, each forming a period; the
lightest of them shall be the minimum,
the next the medium, and the more
severe the maximum period.
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ART. 77 – WHEN PENALTY IS A
COMPLEX ONE COMPOSED OF
THE THREE DISTINCT PENALTIES
 Ex. ART. 1114, par. 3, provides a penalty of
Prision Mayor to death. The penalty is
composed of four distinct penalties, namely
Prision Mayor, Reclusion temporal, Reclusion
Perpetua and Death. The maximum period
must be death, it being indivisible; the medium
period must be composed of prision mayor and
reclusion temporal.
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CHAPTER 5 - EXECUTION
AND SERVICE OF
PENALTIES
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ART. 78 – WHEN AND HOW
PENALTY IS TO BE EXECUTED
1.) No penalty shall be executed except by
virtue of a final judgment;
2.) A penalty shall not be executed in any
other form than that prescribed by law,
nor with any other circumstances or
incidents than those expressly
authorized thereby;
3.) Only penalty by final judgment can be
executed.
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ART. 79 – SUSPENSION OF THE
EXECUTION AND SERVICE OF THE
PENALTIES IN CASE OF INSANITY
1.) When a convict becomes insane or imbecile
after final sentence has been pronounce, the
execution of said sentence is suspended only
as regards the personal penalty;
2.) If he recovers his reason, his sentence shall be
executed, unless the penalty has prescribed;
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ART. 79 – SUSPENSION OF THE
EXECUTION AND SERVICE OF THE
PENALTIES IN CASE OF INSANITY
3.) Even if while above provisions shall be
observe; and
4.) But the payment of his civil or pecuniary
liabilities shall not be suspended.
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 ART. 80 (This is already amended by P.D
603)
 ART. 81 – WHEN AND HOW THE DEATH
PENALTY IS TO BE EXECUTED
- A convict sentenced to death may make
a will.
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ART. 83 – SUSPENSION OF THE
EXECUTION OF THE DEATH
SENTENCE
1.) Woman within three years following the date
of the sentence;
2.) Woman, while pregnant
3.) Person over 70 years of age;
4.) Convict who becomes insane after final
sentenced of death has been pronounced.
(See Art. 79) But when he recovers his reason
and before the penalty has prescribed, he
may be put to death.
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ART. 84 – PLACE OF EXECUTION
AND PERSONS WHO MAY
WITNESS THE SAME
 It should be at Bilibid or Penitentiary
closed to the public view and shall be
witnessed only by the parties assisting
the offender like the priest, his lawyers
and his relatives not exceeding six and
by such other persons as the Director of
Prisons may authorize.
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 ART. 85 – PROVISIONS RELATIVE TO THE
CORPSE OF THE PERSON EXECUTED AND IT’S
BURIAL
-The burial of the body of the person sentenced
to death should not be held with pomp
 ART. 86 – RECLUSION PERPETUA, RECLUSION
TEMPORAL, PRISION MAYOR CORRECCIONAL
AND ARRESTO MAYOR.
-These penalties shall be served in the places
and penal establishment provided by law in the
future
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ART. 87 – DISTIERRO – Not
allowed staying in a place where
the court not allowed you to stay
– not more than 250 kilometers and not
less than 25 kilometers.
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ART. 87 – DISTIERRO – Not
allowed staying in a place where
the court not allowed you to stay
The penalty is imposed when:
1.) When death or physical injuries is caused or
are inflicted under exceptional circumstances
(Art. 247)
2.) When a person falls to give bond for good
behavior (Art. 284);
3.) As a penalty for the concubine in the crime of
concubinage (Art. 334)
4.) When after lowering the penalty degrees,
destierro is the proper penalty.
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ART. 88 – ARRESTO MENOR
1.) This article provides that the penalty of
arresto menor may be served in the house
of the defendant.
2.) The grounds are the health of the offender
and other reasons satisfactory to the court.
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TITLE FOUR
TOTAL EXTINCTION OF CRIMINAL
LIABILITY
CHAPTER 1 – TOTAL EXTINCTION
OF CRIMINAL LIABILITY
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ART. 89 – HOW CRIMINAL
LIABILITY IS TOTALLY
EXTINGUISHED?
1.) by the death of the convict, as to the personal
penalties; and as to the pecuniary penalties,
liability therefore is extinguished only when
the death of the offender occurs before final
judgment;
2.) by service of the sentence;
3.) by amnesty, which completely extinguishes
the penalty and all its effects;
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ART. 89 – HOW CRIMINAL
LIABILITY IS TOTALLY
EXTINGUISHED?
4.) by absolute pardon;
5.) by prescription of the crime;
6.) by prescription of the penalty
7.) by the marriage of the offended woman,
as provided in Art. 344. RPC
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ART. 90 – PRESCRIPTION OF
CRIMES
1.) Death, reclusion perpetua or temporal –
20 years
2.) Afflictive penalties – 15 years
3.) Correctional penalty (except arrestor
mayor) – 5 years
4.) Crime of libel – 1 year
5.) Oral defamation and slander by deed –
6 months
6.) Light offenses
– 2Pdf's
months
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ART. 91 – COMPUTATION OF
PRESCRIPTION OF OFFENSES
1.) The period of prescription commences
to run from the day on which the crime
is discovered by the offended party, the
authorities or their agents;
2.) It is interrupted by the filing of the
complaint or information;
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ART. 91 – COMPUTATION OF
PRESCRIPTION OF OFFENSES
3.) It commences to run again when such
proceedings terminate without the
accused being convicted or acquitted
or are unjustifiably stopped for any
reason not imputable to him; and
4.) The term of prescription shall not run
when the offender is absent from the
Philippines.
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ART. 92 – WHEN AND HOW
PENALTIES PRESCRIBED
1.) Death and reclusion perpetua
prescribed in twenty (20) years;
2.) Other afflictive penalties, in fifteen years;
3.) Correcional penalties, in ten years, with
the exemption of the penalty of arresto
mayor, which prescribes in five years;
and
4.) Light penalties, in one year
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ART. 93 – COMPUTATION OF THE
PRESCRIPTION OF PENALTIES
ELEMENTS:
1.) That the penalty is imposed by final
sentenced;
2.) That the convict evaded the service of
the sentence by escaping during the term
of his sentence;
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ART. 93 – COMPUTATION OF THE
PRESCRIPTION OF PENALTIES
3.) That the convict who escaped from
prison has not given himself up, or
been captured or gone to a foreign
country which we have no extradition
treaty, or committed another crime;
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ART. 93 – COMPUTATION OF THE
PRESCRIPTION OF PENALTIES
4.) That the penalty has prescribed,
because of the lapse of time from the
date of the evasion of the service of the
sentence by the convict.
Note: The period of prescription of
penalties commences to run from the
date when culprit evaded the service of
his sentence.
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CHAPTER 2 - PARTIAL
EXTINCTION OF CRIMINAL
LIABILITY
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ART. 94 – PARTIAL EXTINCTION OF
CRIMINAL LIABILITY
1.) By conditional pardon;
2.) By commutation of the service of the
service of sentence;
3.) For good conduct allowance which the
culprit may earn while he is serving his
sentence.
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ART. 95 – OBLIGATION INCURRED
BY A PERSON GRANTED
CONDITIONAL PARDON
1.) He must comply strictly with the conditions imposed
in the pardon;
2.) Failure to comply with the conditions shall result in the
revocation of the pardon, and which results to the
order of his arrest and reincarceration;
3.) He becomes liable under Art. 159. This is the judicial
remedy.
(ART. 159 – Other cases of evasion of service of
sentence).
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ART. 96 – EFFECT OF
COMMUTATION OF SENTENCE
 The commutation of the original
sentence for another of a different length
and nature shall have the legal effect of
substituting the latter in the place of the
former.
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ART. 97 – ALLOWANCE FOR
GOOD CONDUCT
1.) During the first two years of his
imprisonment, he shall be allowed a
deduction of five days for each month
of good behavior;
2.) During the third to fifth year, inclusive of
his imprisonment, he shall be allowed a
deduction of eight days for each month
of good behavior;
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ART. 97 – ALLOWANCE FOR
GOOD CONDUCT
3.) During the following years until tenth
year, inclusive, of his imprisonment, he
shall be allowed a deduction of ten (10)
days for each month of good behavior;
and
4.) During the eleventh (11) successive
years of his imprisonment, he shall be
allowed a deduction of fifteen days for
each month of good behavior.
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ART. 98 – SPECIAL TIME
ALLOWANCE FOR LOYALTY
 It is deduction of 1/5 of the period of the
sentence of a prisoner, who having
evaded the service of his sentence
during the calamity or catastrophe
mentioned in Art. 158, gives himself up
to the authorities within 48 hours
following the issuance of the
proclamation by the President
announcingVisitthe
passing away of the
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calamity of catastrophe.
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ART. 99 – WHO GRANTS TIME
ALLOWANCE
 The allowance for good behavior is not
an automatic right. It must be granted by
the Director of Prisons, and once granted
cannot be revoked, and is exclusively
vested in the Director of Prisons.
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TITLE FIVE
CIVIL LIABILITY
CHAPTER 1 – PERSONS CIVILLY
LIABLE FOR FELONIES
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ART. 100 – CIVIL LIABILITY OF A
PERSON GUILTY OF A FELONY
 Generally, every person criminally liable
for a felony is also civilly liable.
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ART. 101 – RULES REGARDING
CIVIL LIABILITY IN CERTAIN CASES
EXCEPTIONS:
 There is no civil liability in par. 4 of Art.
12 which provides for injury caused by
mere accident;
 There is no civil liability in par. 7 of Art.
Which provided for failure to perform an
act required by law when so prevented by
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ART.102 – SUBSIDIARY CIVL
LIABILITY OF INKEEPERS,
TAVERN-KEEPERS, AND
PROPRIETORS OF
ESTABLISHMENT
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ART.102
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ELEMENTS UNDER PAR. 1:
1.) That the innkeeper, tavern-keeper or proprietor
of establishment or his employee committed a
violation of municipal ordinance or some
general or special police regulation;
2.) That a crime is committed in such inn, tavern
or establishment;
3.) That the person criminally liable is insolvent.
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ART.102
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ELEMENTS UNDER PAR. 2:
1.) The guest notified in advance the innkeeper or
the person representing him of the deposit of
their good within the inner house;
2.) The guest followed the directions of the
innkeeper or his representative with respect to
the care of and vigilance over such goods;
3.) Such goods of the guest lodging therein were
taken by robbery with force upon things or theft
committed within the inn or house.
When all the above-elements are present the
innkeeper is subsidiary liable.
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ART. 103 – SUBSIDIARY CIVIL
LIABILITY OF CLEAR PERSONS
ELEMENTS:
1.) The employer, teacher, person or corporation is
engaged in any kind of industry;
2.) Any of their servants, pupils, workmen,
apprentices or employees commits a felony
while in the discharge of his duties;
3.) The said employee is insolvent and has not
satisfied his civil liability.
In this case, when all these elements are present,
the employer orVisit
teacher
subsidiarily
liable.
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CHAPTER 2 - WHAT
CIVIL LIABILITY
INCLUDES
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ART. 104 – WHAT IS INCLUDED IN
CIVIL LIABILITY?
1.) Restitution;
2.) Reparation of the damaged caused; and
3.) Indemnification for consequential
damages.
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ART. 104 – WHAT IS INCLUDED IN
CIVIL LIABILITY?
Examples:
1.) Restitution – in theft, the culprit is duty and
return the property stolen;
2.) Reparation – in case of inability to return the
property stolen, the culprit must pay the value
of the property stolen; on case of physical
injuries, the reparation of the damaged
caused would consist in the payment of
hospital bills and doctor’s fees to the
offended party; and
3.) Indemnification for consequential damages –
the loss of his salary or earning capacity.
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 ART 105 – RESTITUTION
 ART. 106 – REPARATION
 ART. 107 INDEMNEFICATION – WHAT IS
INCLUDED)
Indemnification for consequential
damages shall include not only those
caused the injured party, but also those
suffered by his family or by a third person
by reason of the crime.
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ART. 108 – OBLIGATION TO
MAKE RESTORATION,
REPARATION FOR DAMAGES,
OR INDEMNIFICATION FOR
CONSEQUENTIAL DAMAGES &
ACTION TO DEMAND THE
SAME
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ART. 108
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1.) The heir of the person liable has no obligation
if restoration is not possible and the
deceased left no property.
2.) Civil liability is possible only when the
offender dies after final judgment.
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ART. 109 – SHARE OF EACH
PERSON CIVILY LIABLE
 If there are two more persons civilly
liable for a felony, the Courts shall
determine the amount for which each
must respond.
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ART. 110
SEVERAL AND SUBSIDIARY
LIABILITY OF PRINCIPALS,
ACCOMPLICES AND
ACCESSORIES OF FELONY,
PREFERENCE IN PAYMENT.
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ART. 110
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1.) Each within their respective class, shall
be liable severally (in solidum) among
themselves for their quotas, and
subsidiarily for those of the other
persons liable.
2.) The subsidiary liability shall be enforced,
first against the property of principals;
next against that of the accessories.
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ART. 110
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3.) Whenever the liability in solidum or the
subsidiary liability has been enforced,
the person by whom payment has been
made shall have the right of action
against the others for the amount of
their respective shares.
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ART. 111 – OBLIGATION TO MAKE
RESTITUTION IN A CERTAIN CASE
1.) Any person who has participated gratuitously
in the proceeds of a felony shall be found to
make restitution in an amount equivalent to
the extent of such participation.
2.) The person who participated gratuitously in
the proceeds of a felony referred to in this
article is not criminally liable;
3.) The person participated gratuitously must not
be an accessory. (or violate of the Provisions
of P.D 1612Visit
– For
Anti
Fencing Law of 1979)
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CHAPTER 3- EXTINCTION
AND SURVIVAL OF CIVIL
LIABILITY
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ART. 112 – EXTINCTION OF
CIVIL LIABILITY
CIVIL LIABILITY IS EXTINGUISHED IN THE
FOLLOWING:
1.) By payment or performance;
2.) By loss of the thing due
3.) By the condonation or remission of the debt;
4.) By the confusion or merger of the rights of
creditor and debtor;
5.) By compensation;
6.) By novation
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ART. 113 – OBLIGATION TO
SATISFY CIVIL LIABILITY
 Except in case of extinction of his civil liability
as provided in the next proceeding article, the
offender shall continue to be obliged to satisfy
the civil liability resulting from the crime
committed by him, notwithstanding the fact he
has served his sentence consisting of
deprivation of liberty or other rights, or has not
been required to serve the same by reason of
amnesty, pardon, commutation of sentence, or
any other reason.:
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ART. 113 – OBLIGATION TO
SATISFY CIVIL LIABILITY
1.) While amnesty wipes out all traces and
vestiges of the crime it does not
extinguish the civil liability of the
offender.
2.) A pardon shall in no case exempt the
culprit from the payment of the civil
indemnity imposed upon him by the
sentence. (Art. 36. 36, par. 2)
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