CRIMINAL LAW
Criminal Law – branch of public substantive law which
defines crimes, treats of their nature and provides for their
punishment. It is a public law because it deals with the
relation of the individual with the State.
Criminal Law
Substantive
Prospective, unless
favorable to the
accused
provided
that the accused is
not
a
habitual
delinquent.
Criminal Procedure
Remedial
Retroactive; in favor of
the ends of substantial
justice.
Can be promulgated by
Only comes from the
the judiciary.
legislative body.
Terms
1. Crime – the generic term used to refer to a wrongdoing
punished either under the RPC or under the special law
(Ortega); an act committed or omitted in violation of a
public law forbidding or commanding it.
2. Felony – a crime punished under the RPC.
3. Offense – a crime punished under the special law.
4. Misdemeanor – a minor infraction of law.
Sources
1. The Revised Penal Code (Act no. 3815)
2. Special Penal Laws
3. Penal Presidential Decrees issued during Martial Law
Legal Maxims
1. Nullum crimen nulla poena sine lege – there is no crime
when there is no law that defines and punishes it.
2. Actus non facit reum, nisi mens sit rea – the act cannot
be criminal unless the mind is criminal.
3. Actus me invito factus non est meus actus – an act
done by me against my will is not my act.
4. Doctrine of Pro Reo- Whenever a Penal law is to be
construed or applied and the law admits of two
interpretations- one lenient to the offender and one strict
to the offender- that interpretation which is lenient or
favorable to the offender will be adopted.
This is in consonance with the fundamental rule that
all doubts shall be construed in favor of the accused
EXECUTIVE COMMITTEE
IAN MICHEL GEONANGA overall chairperson, JOSE ANGELO
DAVID chairperson for academics, RUTH ABIGAIL ACERO
chairperson for hotel operations, ALBERTO RECALDE, JR.
vice-chairperson for operations, MARIA CARMELA HAUTEA
vice-chairperson for secretariat, MARK EMMANUEL ABILO
vice-chairperson for finance, RYAN LIGGAYU vicechairperson for electronic data processing, JOMARC PHILIP
DIMAPILIS vice-chairperson for logistics
BOOK ONE
and consistent with the presumption of innocence of
the accused.
5. El que es causa de la causa es causa del mal
causado – He who is the cause of the cause is the
cause of the evil caused (People v. Ural, G.R. No. L30801).
Characteristics of Criminal Law
A. General – it is binding on all persons who live or
sojourn in the Philippine territory, regardless of
nationality, gender, or other personal circumstances
(Art. 14, NCC).
Exceptions:
1. Treaty Stipulations
Under the RP–US Visiting Forces Agreement, which
was signed on February 10, 1998, the Philippines
agreed that:
a. US shall have the right to exercise within the
Philippines all criminal and disciplinary
jurisdiction conferred on them by the military law
of the US over US personnel in RP;
b. US exercises exclusive jurisdiction over US
military personnel with regard to offenses relating
to the security of the US punishable under the
law of US, but not under the laws of RP;
c. US shall have primary right to exercise jurisdiction
over US military in relation to:
i. Offenses solely against the property or security
of the US or offenses solely against the
property or person of US personnel;
ii. Offenses arising out of any act or mission done
in performance of official duty.
Under the VFA, in determining whether one can be
prosecuted or not, the citizenship is immaterial, what
is material is one’s membership in the U.S Armed
Forces.
It is necessary that one is a member of the US
armed forces either as:
1. US military personnel; or
2. US civilian personnel connected to US military
operations.
SUBJECT COMMITTEE
JANSEN BERNARDO subject
chair, DANIEL VON EVAN
PANELO assistant subject
chair, CLAUDINE PALATTAO
edp, HYACINTH ALDUESO
book 1, JEMIMA FERNANDO
book 2, MICHELLE MARIE
HATOL special penal laws
MEMBERS
Fatima Maria Amansec, Her
Lynn Balares, Roy Daguio,
Jennyllette Dignadice, Edcar
Latauan,
Michael
Lloren,
Tosca Leira Mansujeto, Maria
Monica Pamela Mendoza,
Fina Ong, Annie Blaise Arce
Raagas, Toni Faye Tan, Joseph
Christopher Torralba
CRIMINAL LAW
BOOK ONE
Rules on Jurisdiction
Crimes
Crimes punishable
under Phil. Laws
but not under the
laws of the US.
Crimes punishable
under the laws of
the US but not
under Phil. Laws.
Jurisdiction
RP has the exclusive
jurisdiction.
US has the exclusive
jurisdiction.
There
is
concurrent
jurisdiction
but
the
Philippines has the right to
primary
jurisdiction,
Crimes punishable
especially when it is a
both under the US
threat to RP security
and Phil. Laws.
namely:
a. treason
b. espionage
c. sabotage
Crimes committed
by a US personnel
against the security RP has no jurisdiction.
and property of the
US alone.
Generally, the Philippines cannot refuse the request
of the US for waiver of jurisdiction and has to approve
the request for waiver except if the crime is of
national importance: (HCD)
1. Those crimes defined under RA 7659 (Heinous
crimes)
2. Those crimes defined under RA 7610 (Child Abuse
Cases)
3. Those crimes defined under RA 9165 (Dangerous
Drugs cases)
Laws of Preferential Application
1. RA 75 penalizes acts which would impair the proper
observance by the Republic and its inhabitants of the
immunities, rights, and privileges of duly-accredited
foreign diplomatic representatives in the Philippines.
General Rule: Under RA 75, persons who are exempt
from arrest and imprisonment and whose properties
are exempt from distraint, seizure and attachment are
the following: (MAS)
i. Public Ministers
ii. Ambassadors
iii.Domestic servants of ambassadors and public
ministers
Exceptions:
a.the person is a citizen or inhabitant of the
Philippines; and
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b. the writ or process issued against him is founded
upon a debt contracted before he entered upon such
service or the domestic servant is not registered with
the Department of Foreign Affairs.
Note: RA 75 is not applicable when the foreign country
adversely affected does not provide similar protection to
our diplomatic representatives.
2. Warship Rule – a warship of another country even
though docked in the Philippines is considered as an
extension of the territory of their respective country.
Same rule applies to foreign embassies in the
Philippines. Philippine warship and embassies abroad
are deemed extra-territories of the Philippines.
3. Principles of Public International Law
The following persons are exempted: (SCAM2)
a. Sovereigns and other heads of state
b. Chargesd’affaires
c. Ambassadors
d. Ministers plenipotentiary
e. Ministers resident
Consuls,
vice-consuls
and
other
commercial
representatives of foreign nations cannot claim the
privileges and immunities accorded to ambassadors and
ministers.
B. Territorial
General Rule: Penal laws of the Philippines have force
and effect only within its territory.
The national territory is set forth in Article I of the 1987
Constitution. It composes of 3 domains:
1. Terrestrial
2. Fluvial
3. Aerial
Exceptions:
1. RPC shall not be enforced within or outside the
Philippine territories if so provided under:
a. Treaties; or
b. Laws of Preferential Application (Art. 2, RPC and
Art. 14, NCC)
2. Extraterritoriality – refers to the application of the
Revised Penal Code outside the Philippine territory
(Art 2, RPC).
Extraterritorial Crimes (Art. 2, RPC) i.e., enforceable
even outside Philippine territory against those who:
a. Should commit an offense while on Philippine
ship or airship.
CRIMINAL LAW
Requisites:
i. The ship or airship must not be within the
territorial jurisdiction of another country; (it must
be in international waters.)
ii. The ship or airship must be registered in the
Philippines under Philippine laws.
Rules on private or merchant Vessels:
1. Philippine vessel or aircraft
a. Must be understood as that which is
registered with the MARINA (Maritime
Industry Authority) in accordance with
Philippine laws;
b. The RPC applies when such Philippine
vessel is found within:
i. Philippine waters, or
ii. The high seas.
2. Foreign Merchant Vessels
a. In the Philippines, we follow the ENGLISH
RULE.
b. A distinction must be made between
merchant ships and warship; the former are
more or less subjected to the territorial laws.
(US vs. Bull, 15 Phil. 7)
c. Foreign merchant vessel in transit:
possession of dangerous drugs is not
punishable, but use of the same is
punishable.
d. Foreign merchant vessel NOT in transit:
mere possession of dangerous drugs is
punishable because it can already be
considered as illegal importation.
FRENCH RULE v. ENGLISH RULE
French Rule
(Flag or Nationality)
English Rule
(Territoriality or Situs
of the Crime)
General Rule
Crimes
committed Crimes
committed
aboard a vessel within aboard a vessel within
the territorial waters of a the territorial waters of a
country are NOT triable country are triablein the
in the courts of said courts of such country.
country.
Exception
When their commission When the crimes merely
affects the peace and affect things within the
security of the territory or vessel or when they only
when the safety of the refer to the internal
state is endangered
management thereof
3. Foreign Warships
a. In the case of a foreign warship, the
nationality of such warship determines the
applicable penal laws to crimes committed
BOOK ONE
therein, as they are considered to be an
extension of the territory of the country to
which they belong. Thus, their respective
national laws shall apply to such vessels
wherever they may be found.
b. Should forge or counterfeit any coin or
currency note of the Philippines or
obligations and securities issued by the
Government (Arts. 163 & 166 RPC).
Forgery is committed by giving to a treasury or
bank note or any instrument payable to bearer or
to order the appearance of a true genuine
document or by erasing, substituting,
counterfeiting or altering, by any means, the
figures, letters, words or signs contained therein.
If forgery was committed abroad, it must refer
only to Philippine coin, currency note, or
obligations and securities.
Obligations and securities of the GSIS, SSS and
Landbank are NOT of the government because
they have separate charters.
c. Should introduce into the country the abovementioned obligations and securities.
Those who introduced the counterfeit items are
criminally liable even if they were not the ones
who counterfeited the obligations and securities.
On the other hand, those who counterfeited the
items are criminally liable even if they did not
introduce the counterfeit items.
d. While being public officers or employees,
should commit an offense in the exercise of
their functions, like: (B3A2F3T-MIC)
i. Direct Bribery (Art. 210)
ii. Indirect Bribery (Art. 211)
iii. Qualified Bribery (Art. 211-A)
iv. Failure to Render Accounts (Art. 218)
v. Failure to Render Account Before Leaving the
Country (Art. 219)
vi. Illegal Use of Public Funds or Property (Art.
220)
vii. Failure to Make Delivery of Public
Funds/Property (Art. 221)
viii. Falsification (Art. 171)
ix. Fraud Against Public Treasury and Similar
Offenses (Art. 213)
x. Malversation of Public Funds or Property (Art.
217)
xi. Possession of Prohibited Interest (Art. 216)
xii. Corruption (Art. 212)
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BOOK ONE
Note: A crime committed within the grounds of a
Philippine embassy on foreign soil shall be subject
to Philippine penal laws, although it may or may not
have been committed by a public officer in relation to
his official duties. Embassy grounds are considered
as extensions of the sovereignty of the country
occupying them.
Example: A Philippine consulate official who is
validly married here in the Philippines remarries in a
foreign country cannot be prosecuted here in the
Philippines for bigamy under no. 4 of Art. 2 of RPC
because the crime has no connection with his official
duties. Nevertheless, if the second marriage is
celebrated in the Philippine embassy, the
ambassador may be prosecuted in the Philippines
because the embassy grounds are considered the
extension of sovereignty (Ortega, 2009).
e. Should commit any of the crimes against
national security and the law of nations
defined in Title One of Book Two. (Arts. 114122, RPC)
When rebellion, coup d’etat and sedition are
committed abroad, the Philippine courts will not
have jurisdiction because these are crimes
against public order.
4
CRIMINAL LAW
v. Commit said crimes directly against the
Phil. government.
C. Prospective
General Rule: Penal laws cannot make an act
punishable in a manner in which it was not punishable
when committed.
Exception: It may be applied retroactively when the
new law is favorable to the accused.
Exceptions to the Exception:
1. The new law is expressly made inapplicable to
pending actions or existing causes of actions.
2. Offender is a habitual criminal (Art. 22, RPC)
Limitations on the Power of Congress to Enact
Penal Laws:
The Congress, in enacting penal laws are restricted by
the following Constitutional and statutory limitations:
1. No ex post facto law or bill of attainder shall be
enacted (Constitution, Art. III, Sec. 22).
Ex post facto law
It is a law that would make a previous act criminal
although it was not so at the time it was committed.
Terrorism as defined by R.A. 9372, otherwise
known as the Human Security Act of 2007, is
now a crime against national security and the law
of nations.
Bill of attainder
It is a legislative act that inflicts punishment without
trial, its essence being the substitution of legislative
fiat for a judicial determination of guilt.
RA 9372, otherwise known as the Human
Security Act of 2007 has extraterritorial
application.
2. No person shall be held to answer for a criminal
offense without due process of law (Ibid., Sec.
14[1]).
Sec. 58 of RA 9372 provides that the Act shall
apply to individual persons who, although
physically outside the Philippines shall:
i. Conspire or plot to commit any of the
crimes punished in the Act;
ii. Commit any of said crimes on board
Philippine Ship or airship;
iii. Commit any of said crimes within the
embassy, consulate or diplomatic
premises belonging to or occupied by the
Phil. government in an official capacity;
iv. Commit said crimes against Phil. citizens
or persons of Phil. descent where their
citizenship or ethnicity was a factor in the
commission of the crimes; and
3. It should not impose cruel and unusual punishment
nor should it impose excessive fines (Ibid., Sec.
19[1].
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RA 9346 prohibits the imposition of death penalty
therefore repealing RA 7659. 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 Penal 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.
2, RA 9346).
CRIMINAL LAW
4. It must be general in application and must clearly
define the acts and omissions punished as crimes
(Ibid., Sec. 1 and Sec. 2).
Different Effects of Repeal of Penal Law
1. Absolute or Total Repeal – a repeal is absolute when
the crime punished under the repealed law has been
decriminalized by the subsequent law (Ortega, 2009).
If the new law totally repeals the existing law making the
act not punishable, the crime is obliterated (Reyes,
2008, p.15).
Effects of total repeal if:
a. the case is still pending in court: dismissed,
regardless of whether the accused is a habitual
criminal
b. the offender is already serving sentence:
i. Not a habitual criminal – the offender is entitled to
be released; unless the repealing law is expressly
made inapplicable to those who are serving
sentence at the time of the repeal.
ii. Habitual criminal – he will continue serving
sentence this is so because penal laws should be
given retroactive application to favor only those
who are not habitual delinquents (Ortega, 2009).
2. Partial or Relative Repeal – a repeal is partial when
the crime punished under the repealed law continues
to be a crime in spite of the repeal.
Effects of partial repeal if:
a. If the case is still pending in court: the repealing
law which is more favorable to the accused shall be
applied to him regardless of whether he is a habitual
criminal or not; unless, there is a reservation in the
said law that it shall not apply to pending causes of
action.
b. If the offender is already serving sentence:
i. Not habitual criminal – the repealing law which is
more lenient to him shall be applied unless there is
a reservation to that effect
ii. Habitual criminal – the repealing law which is more
favorable to the accused will not be applicable to
him
Effects of Amendment of Penal Law
1. If the new law makes the penalty lighter, it shall be
applied except if the offender is a habitual delinquent
or when the new law is inapplicable to pending action
or existing causes of action.
2. If the new law imposes a heavier penalty, the law in
force at the time of the commission of the offense shall
be applied (Reyes, 2008, p.15).
BOOK ONE
P RELIMIN ARY T I TLE
ARTICLE 1
TIME WHEN ACT TAKES EFFECT
The Revised Penal Code (RPC) was approved on
December 8, 1930. It took effect on January 1, 1932.
Two theories in criminal law:
1. Classical or Juristic Theory
a. The basis of criminal liability is human free will and
the purpose of the penalty is retribution
b. Man is essentially a moral creature with an absolutely
free will to choose between good and evil thereby
placing more stress upon the effect or result of the
felonious act than upon the man, the criminal himself.
c. It has been endeavored to establish a mechanical
and direct proportion between crime and penalty.
2. Positivist or Realistic Theory
a. Man is subdued occasionally by a strange and
morbid phenomenon which constrains him to do
wrong, in spite of or contrary to his volition.
b. The crime is essentially a social and natural
phenomenon and as such it cannot be treated and
checked by applying law and jurisprudence nor by
imposition of a punishment, fixed and determined a
priori.
c. The purpose of penalty is reformation.
Note: Some authorities add a third school of thought.
3. Eclectic or Mixed Theory – a combination of both
classical and positive theories. Our Code is considered
Eclectic (i.e., the age of the offender is taken into
consideration, intoxication of the offender in order is
considered a mitigating circumstance unless it is
habitual or intentional)
ARTICLE 2
APPLICATION OF ITS PROVISIONS
Article 2 sets forth the instances where the provisions of
the Revised Penal Code are applicable although the
felony is committed outside the Philippine Territory.
1. Extraterritoriality – RPC is applicable even though
outside the Philippine territory (See discussion under
Territorial as a characteristic of criminal law).
2. Exterritoriality – a term of international law which
signifies the immunity of certain persons who, although
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BOOK ONE
CRIMINAL LAW
in the state, are not amenable to its laws (i.e.
ambassadors, ministers plenipotentiary etc.).
b. When a person acts without freedom, he is no longer
a human being but a tool.
3. Intraterritoriality – RPC is made applicable within the
Philippine territory.
Lack of freedom - offender is exempt from liability. (i.e.
presence of irresistible force or uncontrollable fear)
Felonies under this Article shall be cognizable by the
proper court where the criminal action was first filed
(Section 15(d), Rule 110 of the Rules of Court).
2. Intelligence
It is the capacity to know and understand the
consequences of one’s act. Without this power,
necessary to determine the morality of human acts, no
crime can exist
T I TLE O NE : F ELO NIES &
C IRCUMSTANCES W HICH
A FFECT C RIMIN AL L I ABILI TY
CHAPTER ONE: FELONIES
(ARTS. 3-10)
ARTICLE 3
FELONIES
Felonies
It is the acts or omissions punishable by the Revised
Penal Code.
Elements of Felonies (General):
1. There must be an act or omission i.e., there must be
external acts.
a. Act – any bodily movement tending to produce some
effect in the external world. It must be external as
internal acts are beyond the sphere of penal law.
b. Omission – is inaction or the failure to perform a
positive duty required by law.
2. The act or omission must be punishable by the RPC.
Based upon the maxim, “nullumcrimen, nullapoena sine
lege.”
3. The act is performed or the omission is incurred, by
means of dolo(malice) or culpa (fault).
The act or omission must be voluntary.
Classification of Felonies According to the Means by
Which They Are Committed:
A. Intentional felonies – the act is performed or the
omission is incurred with deliberate intent or malice to
do an injury.
Requisites of DOLO or MALICE: (FII)
1. Freedom
a. Voluntariness on the part of the person to commit the
act or omission.
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Lack of intelligence - offender is exempt from liability.
(i.e. offender is an imbecile, insane, or 15 years of age
or under.)
3. Intent (Criminal)
a. The purpose to use a particular means to effect such
result.
b. Intent to commit an act with malice, being purely a
mental process, is presumed. Such presumption
arises from the proof of commission of an unlawful
act.
c. A mental state, hence, its existence is shown by overt
acts.
Lack of intent = act is justified. Offender incurs NO
criminal liability (i.e. existence of a lawful or insuperable
cause, commission by mere accident).
Criminal intent is necessary because:
a. Actus non facit reum nisi mens sit rea – the act itself
does not make a man guilty unless his intentions
were so.
b. Actus me invito factus non est meus actus – an act
done by me against my will is not my act (U.S. v. Ah
Chong, 15 Phil. 499).
General Criminal
Specific Criminal
Intent
Intent
An intention to do a An intention to commit a
wrong.
definite act.
Existence of the intent is
Presumed to exist
not presumed because
from the mere doing
it is an ingredient or
of a wrongful act.
element of a crime.
The burden of proving
the existence of the
The burden of proving
intent is upon the
the absence of intent
prosecution, as such
is upon the accused.
intent is an element of
the crime.
CRIMINAL LAW
When the crime is
consummated,
general intent is
presumed. (i.e. When
a
person
killed
another, the intent to
kill is presumed)
BOOK ONE
When the crime is in its
attempted or frustrated
stage, special intent
must be proved. (i.e.
When
a
person
seriously
injures
another, the intent to kill
must be proved in order
that the charge will be
one of attempted or
frustrated
homicide,
murder, parricide or
infanticide, as the case
may be and not mere
physical injuries)
B. Culpable felonies – performed without malice.
Requisites of CULPA: (FIN)
1. Freedom;
2. Intelligence;
3. Negligence, imprudence, lack of foresight, or lack of
skill.
The act or omission is voluntary but the intent or malice in
intentional felonies is replaced by imprudence, etc.
Negligence
It indicates a deficiency of perception; failure to pay proper
attention and to use diligence in foreseeing the injury or
damage impending to be caused; usually involves lack of
foresight.
Imprudence
It indicates a deficiency of action; failure to take the
necessary precaution to avoid injury to person or damage
to property; usually involves lack of skill.
Reason for punishing acts of negligence:
A man must use his common sense, and exercise due
reflection in all his acts; it is his duty to be cautious,
careful and prudent, if not from instinct, then thru fear of
incurring punishment (US vs. Maleza, 14 Phil. 468, 470).
Note: In Art. 3, culpa is a MODE of committing a crime;
hence, killing is denominated “homicide through reckless
imprudence. In Art. 365 (quasi-offenses), culpa is the
crime punished; hence, the crime is denominated
“reckless imprudence resulting in homicide” (Boado, 2008,
p.42).
Intentional
Act is malicious.
With deliberate intent.
Culpable
Not malicious.
Injury
caused
unintentional
being
incident of another act
performed
without
malice.
Wrongful act results
from
imprudence,
Has intention to cause
negligence, lack of
an injury.
foresight or lack of
skill.
Honest Mistake of fact
It is a misapprehension of fact on the part of the person
causing injury to another. Such person is NOT criminally
liable as he acted without criminal intent (Ignorantia facti
excusat).
An honest mistake of fact destroys the presumption of
criminal intent which arises upon the commission of a
felonious act.
Honest Mistake of fact is NOT applicable in CULPABLE
felonies.
Requisites of mistake of fact as a defense:
1. That the act done would have been lawful had the
facts been as the accused believed them to be;
2. That the intention of the accused in performing the
act should be lawful; and
3. That the mistake must be without fault or
carelessness on the part of the accused.
a. US vs. Ah Chong (15 Phil 488, 1910) – the
accused had no alternative but to take the
facts as they appeared to him, and such facts
justified his act of killing his roommate.
b. People vs. Oanis (74 Phil 257, 1943) – there
was no mistake of fact when the accused
police officers were shot Tecson, whom they
thought to be Balagtas (a notorious criminal)
who was sleeping in his bed, without
ascertaining his identity and the non-existence
of threat from the part of Tecson.
Mala prohibita
Crimes punishable by special penal laws whereby criminal
intent is not, as a rule, necessary, it being sufficient that
the offender has the intent to perpetrate the act prohibited
by the special law. It is punishable because the prohibited
act is so injurious to the public welfare that it is the crime
itself.
General Rule: As a rule, mere commission of crimes
classified as mala prohibita, even without criminal intent,
is punishable.
is
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Exceptions:
1. Cuenca vs. People (G.R. No. L-27586, June 26, 1970)
Cuenca was entitled to assume that his employer had
the requisite license to possess said firearm and
ammunition and to turn them over to him while he was
on duty as one of the regular security guards of a duly
licensed security agency.
2. People vs. Landicho ([CA] 55 OG 842)
The doctrine of the immateriality of animus possidendi
should be relaxed in certain way. Otherwise, the
avowed purpose of the government’s policy cannot be
realized.
3. People vs. Mallari ([CA] 55 O.G. 1394)
Where the accused had a pending application for
permanent permit to possess a firearm, and whose
possession was not unknown to an agent of the law
who advised the former to keep it in the meantime, any
doubt as to his claim should be resolved in his favor.
4. Mere transient possession of unlicensed firearm
While in stealing a firearm the accused must
necessarily come into possession thereof, the crime of
illegal possession of firearms is not committed by mere
transient possession of the weapon. Thus, stealing a
firearm with intent not to use but to render the owner
defenseless, may suffice for purposes of establishing a
case of theft, but would not justify a charge for illegal
possession of firearm, since intent to hold and
eventually use the weapon would be lacking (People vs.
Dela Rosa, G.R. No. 84857, January 16, 1998, citing
People vs. Remereta, 98 Phil. 413, 1956).
Mala in Se
Mala Prohibita
As to Nature
Wrong from its very Wrong because it is
nature.
prohibited by law.
Use of Good Faith as a Defense
Good faith is a valid
Good faith is not a
defense; unless the crime
defense.
is the result of culpa.
Use of Intent as an element
Criminal
intent
is
Intent is an element.
immaterial.
Degree of Accomplishment of the crime
The
degree
of The act gives rise to a
accomplishment of the crime only when it is
crime is taken into consummated.
account in punishing the
offender.
As to Mitigating and Aggravating Circumstances
Mitigating and aggravating Mitigating
and
circumstances are taken aggravating
8
SAN BEDA COLLEGE OF LAW
2013 CENTRALIZED BAR OPERATIONS
CRIMINAL LAW
into account in imposing circumstances
are
the penalty.
generally not taken into
account.
Degree of Participation
When there is more than Degree of participation
one offender, the degree is generally not taken
of participation of each in into account. All who
the commission of the participated in the act
crime is taken into are punished to the
account.
same extent.
As to Persons Criminally Liable
Penalty is computed on The penalty on the
the basis of whether he is offenders are the same
a principal offender, or whether they are merely
merely an accomplice or accomplices
or
accessory.
accessories.
Laws Violated
Violation of the RPC. Violation of Special
(General rule)
Laws. (General rule)
As to stages in execution
There are three stages:
No such stages of
attempted,
frustrated,
execution.
consummated.
As to persons criminally liable
Thereare three persons
criminally liable: principal, Generally, only the
accomplice,
and principal is liable.
accessory.
As to division of penalties
Penalties may be divided There is no such division
into degrees and periods. of penalties.
Intent
Motive
Is the purpose to use Is the reason or moving
a particular means to power which impels one
effect such result.
to commit an act for a
definite result.
Is an element of the Is NOT an element of
crime, except in the crime.
unintentional felonies.
(culpable)
Is
essential
in Is essential only when
intentional felonies.
the identity of the
perpetrator is in doubt.
Example: A who is jealous of B shot the latter as a result
of which B died. The intent is to kill while the motive is
jealousy.
Motive
It is the moving power which impels one to action for a
definite result (Reyes, 2008, p. 59).
CRIMINAL LAW
Motive: When Relevant (CUT-NID)
1. If the evidence is merely circumstantial.
2. Where the identification of the accused proceeds from
an unreliable source and the testimony is inconclusive
and not free from doubt;
3. In ascertaining the truth between two antagonistic
theories or versions of the killing;
4. Where there are no eyewitnesses to the crime, and
where suspicion is likely to fall upon a number of
persons;
5. When there is doubt as to the identity of the assailant;
6. When the act is alleged to be committed in defense of a
stranger because it must not be induced by revenge,
resentment or other evil motive;
ARTICLE 4
CRIMINAL LIABILITY
Par. 1: Criminal Liability for a felony different from
that which is intended to be committed.
Rationale: El que es causa dela causa es causa del mal
causa – He who is the cause of the cause is the cause of
the evil caused.
Requisites:
1. That an intentional felony has been committed.
There is no Intentional Felony:
a. When the act or omission is not punishable by RPC;
or
b. When the act is covered by any of the justifying
circumstances in Art. 11 of RPC.
Act or omission should not be punished by a special law
because the offender violating a special law may not
have the intent to do any injury to another. In such
case, the wrongful act done could not be different, as
the offender did not intend to do any other injury.
2. That the wrong done to the aggrieved party be the
direct, natural and logical consequence of the felony
committed.
Proximate Cause
It is that cause, which, in the natural and continuous
sequence, unbroken by any efficient intervening cause,
produces the injury, and without which the result would
not have occurred.
If the result can be traced back to the original act, then
the doer of the original act can be held criminally liable.
The relation of cause and effect must be shown:
a. Unlawful act is the efficient cause
b. Accelerating cause
BOOK ONE
c. Proximate cause
Note: Any person who creates in another person’s mind
an immediate sense of danger, which causes the latter
to do something resulting in the latter’s injuries, is liable
for the resulting injuries (People vs. Page, 77 SCRA
348, citing People vs. Toling, L-27097, Jan. 17, 1975,
62 SCRA 17, 33).
Thus, the person is still criminally liable although the
wrongful act done be different from that which he
intended:
a. Error In Personae- mistake in the identity of the victim
(Article 49 – penalty for lesser crime in its maximum
period)
b. Aberratioictus – mistake in the blow (Article 48 on
complex crimes – penalty for graver offense in its
maximum period)
c. Praeter intentionem – injurious result is greater than
that intended (Article 13 – Mitigating Circumstance)
Aberratio Ictus v. Error in personae
AI – the victim as well as the actual victim are both
in the scene of the crime; EIP – the supposed victim
may or may not be in the scene of the crime
AI –The offender delivers the blow to his intended
victim but because of poor aim landed on someone
else; EIP – The offender delivers the blow not to his
intended victim
AI – generally gives rise to complex crime unless the
resulting consequence is not a grave or less grave
felony; EIP – there is no complex crime
Example of Aberratio Ictus:
a. A shot B but because of lack of precision, it was
C, a bystander, who was hit as a result of which C
died. There is a complex crime of attempted or
frustrated Murder, Homicide, Parricide or
Infanticide and Murder, Homicide Parricide or
Infanticide(MHPI)
b. If C did not die but sustained injuries, there is still
a complex crime of attempted or frustrated MHPI
and serious or less serious physical injuries (note
that there is no intent to kill insofar as the case of
C is concerned); however, there can be no
complex crime if C sustained slight physical
injuries as the same is only a light felony.
When death is presumed to be the natural
consequence of physical injuries inflicted: (NER)
a. That the victim at the time the physical injuries were
inflicted was in normal health.
SAN BEDA COLLEGE OF LAW
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9
BOOK ONE
b. That the death may be expected from the physical
injuries inflicted.
c. That death ensued within a reasonable time.
Note: The offended party is not obliged to submit to a
surgical operation or medical treatment to relieve the
accused from liability.
Felony committed is NOT the proximate cause of
the resulting injury when:
a. There is an active force between the felony
committed and the resulting injury, such active force
is distinct from the felony committed.
b. The resulting injury is due to the intentional act of the
victim, i.e. fault or carelessness of the victim to
increase the criminal liability of the assailant.
Instances when there is a proximate cause and
when there is none:
Instance
Criminally Liable?
When there is an intervening disease
If disease is closely
YES.
related to the wound
If disease is unrelated
NO.
to the wound
If disease is combined YES. Mortal wound is a
force with wound
contributing factor to
victim’s death.
NOTE: A mortal wound
is a contributing factor
when :
i. The wound is
sufficient
to
cause the victim’s
death along with
the disease
ii. The
mortal
wound
was
caused
by
actions
committed by the
accused
When the death was caused by an infection
of the wound due to the unskilled medical
treatment from the doctors
If the wound is mortal
YES.
Unskilled
treatment and infection
are NOT efficient
intervening causes
If the wound is slight
NO.
Unskilled
treatment and infection
are efficient intervening
causes
10 SAN BEDA COLLEGE OF LAW
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CRIMINAL LAW
Efficient Intervening Cause
It is the cause which interrupted the natural flow of
events leading to one’s death. This may relieve the
offender from liability.
NOT efficient intervening causes:
a. The weak or diseased physical condition victim;
b. The nervousness or temperament of the victim;
c. Causes which are inherent in the victim;
d. Neglect of the victim or third person; (ex. refusal of
medical attendance)
e. Erroneous or unskilled medical or surgical treatment
(unless the wound is slight or not mortal).
Par. 2: Impossible Crime
Requisites: (PEIN)
1. That the act performed would be an offense against
persons or property;
2. That the act was done with evil intent;
3. That its accomplishment is inherently impossible, or
that the means employed is either inadequate or
ineffectual; and
Inadequate
It means is insufficient (e.g. small quantity of poison).
Ineffectual
It means employed did not produce the result expected
(e.g. pressed the trigger of the gun not knowing that it
is empty).
Inherent impossibility of its accomplishment:
a.Legal impossibility – where the intended acts, even
if completed would not amount to a crime. E.g.
Stealing a property that turned out to be owned by
the stealer (See Gemma T. Jacinto vs. People of the
Philippines, G.R. No. 162540, July 13, 2009).
b.Physical impossibility – When extraneous
circumstances unknown to the actor or beyond his
control prevent the consummation of the intended
crime. E.g. When one tries to murder a corpse (See
Sulpicio Intod vs Honorable Court of Appeals and
People of the Philippines G.R. No. 103119 October
21, 1992).
4. That the act performed should NOT constitute a
violation of another provision of the RPC.
The crime committed is an impossible crime and not
attempted murder. Intod, Pangasian, Tubio and Daligdig
fired at the room of Palangpanga. It turned out, however,
that Palangpangan was in another City and her home was
then occupied by her son-in-law and his family. No one
CRIMINAL LAW
was in the room when the accused fired the shots. No one
was hit by the gun fire. There is factual impossibility in this
case. It occurs when extraneous circumstances unknown
to the actor or beyond his control prevent the
consummation of the intended crime. One example is the
man who puts his hand in the coat pocket of another with
the intention to steal the latter's wallet and finds the
pocket empty. In this case, Intod shoots the place where
he thought his victim would be, although in reality, the
victim was not present in said place and thus, the
petitioner failed to accomplish his end (Intod v. CA 285
SCRA 52).
Felonies against persons are: (MHPI-DRAP)
1. Murder (Art. 248)
2. Homicide (Art 249)
3. Parricide (Art. 246)
4. Infanticide (Art 255)
5. Duel (Arts 260 and 261)
6. Rape (Art. 266-A)
7. Abortion (Arts. 256, 257, 258 and 259)
8. Physical Injuries (Arts 262, 263, 264, 265 and 266)
Felonies against property are: (BRUCT-SCAM)
1. Robbery (Arts. 294, 297, 298, 299, 300, 302 and 303)
2. Brigandage (Arts. 306 and 307)
3. Theft (Arts. 308, 310, and 311)
4. Usurpation (Arts. 312 and 313)
5. Culpable Insolvency (Art. 314)
6. Swindling and other deceits (Arts. 315, 316, 317 and
318)
7. Chattel Mortgage (Art. 319)
8. Arson and other crimes involving destruction (Arts. 320,
321, 322, 323, 324, 325, and 326)
9. Malicious Mischief (Arts. 327, 328, 329, 330 and 321)
Purpose of punishing impossible crimes: To suppress
criminal propensity or criminal tendencies.
Notes:
a. Felony against persons or property should not be
actually committed, for otherwise, he would be liable for
that felony; there would be no impossible crime to speak
of.
b. There is no attempted or frustrated impossible crime. It
is always consummated and applies only to grave or less
grave felonies.
c. Under Article 59, the penalty for impossible crimes is
arresto mayor or a fine ranging from 200-500 pesos.
BOOK ONE
ARTICLE 5
DUTY OF THE COURT
Par. 1. Acts which should be repressed but which are
not covered by law.
Requisites:
1. The act committed by the accused appears NOT
punishable by any law;
2. But the court deems it proper to repress such act;
3. In that case, the court must render the proper decision
by dismissing the case and acquitting the accused;
and
4. The judge must then make a report to the Chief
Executive, through the Secretary of Justice, stating the
reasons which induce him to believe that the said act
should be made the subject of penal legislation.
The Philippines does not subscribe to the common law
crimes system. Under this article, if an act should be
repressed but there is no law punishing the same, the
proper decision of acquittal must be made. This is in
consonance with the maxim nullem crimen nulla poena
sine lege.
Par. 2. Excessive Penalties
Requisites:
1. The court after trial finds the accused guilty;
2. The penalty provided by law and which the court
imposes for the crime committed appears to be clearly
excessive because:
a. the accused acted with lesser degree of malice,
and/or
b. there is no injury or the injury caused is of lesser
gravity;
3. The court should not suspend the execution of the
sentence; and
4. The judge should submit a statement to the Chief
Executive, through the Secretary of Justice,
recommending executive clemency.
The court must impose the penalty prescribed for the
crime committed although it finds the penalty too harsh
considering the conditions surrounding the commission of
the crime. The most the judge could do is to recommend
to the Chief Executive to grant executive clemency.
Par. 2 not applicable to the offense defined and penalized
by a special law.
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BOOK ONE
ARTICLE 6
CONSUMMATED, FRUSTRATED &
ATTEMPTED FELONIES
Formal Crimes or Crimes of Effect
These are felonies which by a single act of the accused
consummates the offense as a matter of law (i.e. physical
injuries, acts of lasciviousness, attempted flight to an
enemy country, coercion, slander, illegal exaction).
Material crimes
These are crimes which involve the three stages of
execution.
Stages of execution: (does NOT apply to crimes under
special laws unless otherwise provided, crimes by
omission, and formal crimes)
1. Consummated felony
When all the elements necessary for its execution and
accomplishment are present.
2. Frustrated Felony
Elements:
a. The offender performs all the acts of execution;
b. All the acts performed would produce the felony as a
consequence; (belief of accused as to whether or not
he had performed all acts of execution is immaterial)
c. But the felony is not produced; and
d. By reason of causes independent of the will of the
perpetrator.
What crimes do not admit of frustrated stage?
They are those which, by the definition of a frustrated
felony, the offender cannot possibly perform all the acts
of execution to bring the desired result without
consummating the offense.
Examples:
a. Rape, since the gravamen of the offense is carnal
knowledge, hence, no matter how slight the
penetration, the felony is consummated.
b. Indirect Bribery, because it is committed by accepting
gifts offered to the public officer by reason of his
office. If he does not accept, he does not commit the
crime. If he accepts, it is consummated.
c. Direct Bribery.
d. Corruption of Public Officers, because the offense
requires the concurrence of the will of both parties,
such as that when the offer is accepted, the offense
is consummated. But when the offer is rejected, the
offense is merely attempted.
e. Adultery, because the essence of the crime is
sexual congress.
12 SAN BEDA COLLEGE OF LAW
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f. Physical Injury, since it cannot be determined
whether the injury will be slight, less serious, or
serious unless and until consummated.
g. Theft, because the unlawful taking immediately
consummates the offense and the disposition of the
thing is not an element thereof.
3. Attempted Felony
Elements:
a. The offender commences the commission of the
felony directly by overt acts;
b. He does not perform all the acts of execution which
should produce the felony;
c. He is not stopped by his own spontaneous
desistance; and
d. The non-performance of all acts of execution was
due to a cause or accident other than the offender’s
own spontaneous desistance.
Overt acts
a. These are some physical activity or deed, indicating
intention to commit a particular crime.
b. More than a mere planning or preparation, which if
carried to its complete termination following its
natural course, without being frustrated by external
obstacles, nor by voluntary desistance of the
perpetrator will logically ripen into a concrete offense
(Reyes, 2008, p. 87).
Felony is deemed commenced by overt acts when
the following are present:
a. That there be external acts;
b. Such external acts have direct connection with the
crime intended to be committed.
Indeterminate Offense
It is one where the purpose of the offender in
performing an act is not certain. The accused may be
convicted of a felony defined by the acts performed by
him up to the time of desistance.
In the case of People vs. Lamahang, Aurelio Lamahang
was caught opening with an iron bar a wall of a store of
cheap goods in Fuentes St. Iloilo. He broke one board
and was unfastening another when a patrolling police
caught him. Owners of the store were sleeping inside
store as it was early dawn.
The attempt to commit an offense which the Penal
Code punishes is that which has a logical relation to a
particular, concrete offense; that, which is the beginning
of the execution of the offense by overt acts of the
perpetrator, leading directly to its realization and
consummation. The attempt to commit an indeterminate
offense, inasmuch as its nature in relation to its
CRIMINAL LAW
objective is ambiguous, is not a juridical fact from the
standpoint of the Penal Code. There is no doubt that in
the case at bar it was the intention of the accused to
enter Tan Yu's store by means of violence, passing
through the opening which he had started to make on
the wall, in order to commit an offense which, due to the
timely arrival of policeman Tomambing, did not develop
beyond the first steps of its execution.
Desistance
It is an absolutory cause which negates criminal liability
because the law encourages a person to desist from
committing a crime.
Note: The spontaneous desistance of the offender
negates only the attempted stage but not necessarily all
criminal liability. If the desistance was made when acts
done by him already resulted to a felony, that offender
will still be criminally liable for the felony brought about
by his act (Ortega, 2009).
Kinds of Desistance
Legal Desistance
Factual Desistance
Definition
Desistance referred Actual desistance of the
to in law which actor; the actor is still
would
obviate liable for the attempt.
criminal
liability
unless the overt or
preparatory
act
already committed in
themselves
constitute a felony
other than what the
actor intended.
Time or Period Employed
Desistance
made Desistance made after
during the attempted the attempted stage of
stage.
the crime.
Two Stages in the Development of a Crime:
1. Internal acts:
a. Such as mere thoughts or ideas in the mind of
person.
b. Not punishable.
2. External acts cover:
a. Preparatory acts – ordinarily not punished except
when considered by law as independent crimes (e.g.
Art. 304, Possession of picklocks and similar tools).
b. Acts of Execution – punishable under the RPC.
Attempted stage
It marks the commencement of the subjective phase.
BOOK ONE
Subjective Phase
It is that portion of the acts constituting the crime,
starting from the point where the offender begins the
commission of the crime to that point where he has still
control over his acts, including their (acts) natural
course.
If between those two points the offender is stopped by
reason of any cause outside of his own voluntary
desistance, the subjective phase has not been passed
and it is an attempt.
If he is not so stopped but continues until he performs
the last act, it is frustrated.
Frustrated stage
It is the end thereof and the start of the objective phase.
Objective Phase
It is the result of the acts of the execution, that is, the
accomplishment of the crime.
If the subjective and objective phases are present, there
is a consummated felony.
The spontaneous desistance of the accused is
exculpatory only:
a. if made during the attempted stage, and
b. provided that the acts already committed do not
constitute any offense.
Factors in determining stage of execution of felony:
(MEN)
1. Manner of committing the felony;
2. Elements constituting the felony;
3. Nature of the offense.
Murder/Homicide/Parricide/Infanticide (MHPI):
1. With intent to kill, but no mortal wound is inflicted –
attempted.
2. With intent to kill, and mortal wound is inflicted but
victim does not die – frustrated.
3. The moment the victim dies, intent to kill is conclusively
presumed – consummated.
Rules on crimes against persons (MHPI) and stages of
execution:
Gravity
Death
Intent to
Crime
of the
Results
Kill
Committed
wound
PreMortal
Yes
Consummated
sumed
wound
No
Yes
Mortal
Frustrated (MHPI)
NonNo
Yes
Attempted MHPI
mortal
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BOOK ONE
Death
Results
Intent to
Kill
No
Yes
No
No
No
No
Gravity
of the
wound
Overt act
only – no
wound
Mortal
wound
Nonmortal
wound
Crime
Committed
Attempted MHPI
Serious physical
injuries
Less serious/
slight physical
injuries
Robbery/ Theft
a. Both crimes are committed by the taking of the personal
property of another and with the intent to gain.
b. The difference is that in robbery, there is the use of
force or violence.
c. So long as there is possession of the property, no
matter how momentary it may be, the crime is
consummated.
d. In robbery by the use of force upon things, since the
offender must enter the building to commit the crime, he
must be able to carry out of the building the thing taken
to consummate the crime.
e. In robbery with violence against or intimidation of
persons, the crime is consummated the moment the
offender gets hold of the thing taken and/or is in a
position to dispose of it freely.
f. It does not matter how long the property was in the
possession of the accused; it does not matter whether
the property was disposed or not; what is important is
whether or not there was asportacion or unlawful taking.
Rape
The crime of rape is consummated by mere penetration of
the male organ no matter how slight or superficial.
Instances where there is attempted rape:
a. When the skirt of the victim has been lifted no matter
what position;
b. When the accused mounted on the body of the victim;
c. When there is epidermal touching of the genital organs
of the accused and the victim.
Consummated
Any part of the
building burned,
even if only a
small portion.
Deceit
and
Damage on the
victim are present.
Frustrated
Arson
The
tools
used alone
are on fire, or
a furniture or
thing
not
attached to
the building is
on fire.
Estafa
The money
taken has not
been
“damaged” or
spent.
Attempted
The tools to
be used for
committing
the crime are
in
the
building.
No
money
was
taken
yet,
only
deceit
is
present.
Attempted
Frustrated
Impossible
Evil intent is not Evil intent is not Evil intent is
accomplished.
accomplished.
not
accomplished.
Evil intent is Evil intent is Evil
intent
possible
of possible
of cannot
be
accomplishment accomplishment. accomplished.
.
What prevented
the accomplishment is the
intervention of
certain cause or
accident
in
which
the
offender had no
part.
What prevented
the accomplishment are causes
independent of
the will of the
perpetrator
Evil
intent
cannot
be
accomplished
because it’s
inherently
impossible of
accomplishme
nt or the
means
employed by
the offender is
inadequate or
ineffectual.
ARTICLE 7
LIGHT FELONIES
In attempted rape, there is the intent to have carnal
knowledge or sexual intercourse. In acts of lasciviousness
there is none.
Light Felonies
These are those infractions of law for the commission of
which the penalty of arrestomenor or fine not exceeding
200 pesos, or both, is provided (Art. 9, par. 3).
There is NO crime of frustrated rape, only a frustrated
rapist. The case of People vs. Eriña was an exception
since the victim was only 3 years old.
General Rule: Light felonies are punishable only when
they have been consummated.
Examples of Common Crimes and their Stages of
Execution:
14 SAN BEDA COLLEGE OF LAW
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Reason: They produce light, insignificant moral and
material injuries that public conscience is satisfied with
providing a light penalty for their consummation. If they
CRIMINAL LAW
are not consummated the wrong done is so slight that
there is no need of providing a penalty at all (Albert)
(Reyes, 2006, p. 121).
Exception: If committed against persons or property,
punishable even if attempted or frustrated.
Reason for the exception: Such commission
presupposes moral depravity.
a. The exception with regard to crimes against persons is
actually unnecessary, as the only light felony against
persons is slight physical injuries which in the first
place is always consummated.
b. The exception can apply however to attempted or
frustrated light felonies against property BUT only
principal and accomplices are criminally liable while
accessories are exempt.
Light Felonies under RPC: (STAMI)
1. Slight physical injuries (Art. 266)
2. Theft (Art. 309, par. 7 and 8)
When the value of thing stolen is less than five pesos
and theft is committed under the circumstances
enumerated under Article 308 par. 3
3. Alteration of boundary marks (Art. 313)
4. Malicious mischief (Art. 328, par. 3; Art. 329, par. 3)
When the value of the damage does not exceed two
hundred pesos or cannot be estimated.
5. Intriguing against honor (Art. 364)
Note: For light felonies, the only ones who can be held
liable are the principals and accomplices.
ARTICLE 8
CONSPIRACY AND PROPOSAL
TO COMMIT FELONY
General Rule: Mere conspiracy or proposal to commit a
felony is not punishable since they are only preparatory
acts.
Exception: In cases in which the law specially provides a
penalty therefor.
Conspiracy
It exists when two or more persons come to an agreement
concerning the commission of a felony and decide to
commit it.
Agreement may be oral or written, express or implied.
Requisites of Conspiracy:
1. That 2 or more persons came to an agreement;
2. That the agreement pertains to the commission of a
felony; and
BOOK ONE
3. That the execution of the felony was decided upon.
There must be participation with a criminal resolution
because simple knowledge thereof by a person may only
make him liable as an accomplice (People vs. Comadre,
G.R. No.153559, June 8, 2004).
The law specially provides penalty for mere conspiracy in:
(Under RPC) TRICSM
1. Treason, (Art. 115)
2. Rebellion, (Art. 136)
3. Insurrection, (Art. 136)
4. Coup d’ etat, (Art. 136)
5. Sedition, (Art. 141)
6. Monopolies and combinations in restraint of trade. (Art.
186)
(Under special laws)
1. Espionage,
2. Highway robbery,
3. Illegal association,
4. Selected acts committed under the Dangerous Drugs
Act,
5. Arson, and
6. Terrorism under the Human Security Act.
Conspiracy as a felony, distinguished from
conspiracy as a manner of incurring criminal liability.
As a Manner of Incurring
As a Felony
Criminal Liablity
Conspirators should not If the conspirators commit it,
actually
commit say, treason, they will be held
treason, rebellion, etc., liable for treason, and the
it being sufficient that conspiracy which they had
two or more persons before committing treason is
agree and decide to only a manner of incurring
commit it.
criminal liability, not treated as
a separate offense.
Felony relates to a Conspiracy is not treated as a
crime
actually separate offense but used to
committed.
determine the liability of the
offenders.
In conspiracy, the act of one is
the act of all.
General Rule: When conspiracy is established, all who
participated therein, irrespective of the quantity or quality
of his participation is liable equally, whether conspiracy is
pre-planned or instantaneous.
Exception: Unless one or some of the conspirators
committed some other crime which is not part of the
intended crime.
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Exception to the Exception: When the act constitutes a
“single indivisible offense.”
Doctrine of Implied Conspiracy
Conspiracy may be inferred if it is proven that two or more
persons aimed their acts towards the accomplishment of
the same unlawful object, each doing a part so that their
acts although apparently independent were in fact
connected and cooperative, thus indicating a closeness of
personal association and a concurrence of sentiment.
It is enough that at the time of the commission of the
offense, the offenders acted in concert, each doing his
part to fulfill their common design.
There is unity of purpose and unity in the execution of the
offense.
In determining whether there is an implied conspiracy, it
must be based on:
1. Overt acts done before, during or after the commission
of the crime; or
2. Words, remarks or language used before, during or
after the commission of the crime.
a. They must be distinct from each other, independent
or separate.
b. They must be closely associated, closely related,
closely linked, and coordinated.
c. They must be for a common criminal design, joint
criminal interest, unity of criminal purpose, or
concerted action, geared towards the attainment of
the felony.
Proposal to Commit a Felony
It is when the person who has decided to commit a felony
proposes its execution to some other person or persons.
Requisites of Proposal:
1. That a person has decided to commit a felony
(Decision); and
2. That he proposes its execution to some other person or
persons (Proposal).
RPC specially provides penalty for mere proposal in
(TRIC)
1. Treason,
2. Rebellion,
3. Insurrection, and
4. Coup d’ etat.
There is no criminal proposal when:
1. The person who proposes is NOT determined to
commit the felony;
2. There is no decided, concrete and formal proposal but
a mere suggestion;
3. It is not the execution of a felony that is proposed.
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It is not necessary that the person to whom the proposal is
made agrees to commit TRIC, what constitutes the felony
is the making of the proposal.
ARTICLE 9
CLASSIFICATION OF FELONIES
ACCORDING TO GRAVITY
Grave felonies
Felonies to which the law attaches the capital punishment
or penalties which in any of their periods are afflictive, in
accordance with Art. 25 of the Code.
These are:
1. Reclusion perpetua,
2. Reclusion temporal,
3. Perpetual or Temporary Absolute Disqualification,
4. Perpetual or Temporary Special Disqualification,
5. Prision mayor,
6. Fines more than Php 6000.
Less grave felonies
Felonies which the law punishes with penalties which in
their maximum period are correctional, in accordance with
Art. 25 of the Code.
These are:
1. Prision correccional,
2. Arresto mayor,
3. Suspension,
4. Destierro,
5. Fines equal to or more than Php 200 but less than Php
6000.
Light felonies
Those infractions of law for the commission of which the
penalty of arrestomenor or a fine not exceeding 200
pesos, or both, is provided.
Importance of Classification
1. To determine whether these felonies can be complexed
or not.
2. To determine the prescription of the crime and the
prescription of the penalty.
ARTICLE 10
OFFENSES NOT SUBJECT
TO THE PROVISIONS OF THE RPC
General Rule: RPC provisions are supplementary to
special laws.
Exceptions:
1. Where the special law provides otherwise.
CRIMINAL LAW
2. When the provisions of the RPC are impossible of
application, either by express provision or by
necessary implication.
Thus, when the special law adopts the penalties
imposed in the RPC, such as reclusion perpetua or
reclusión temporal, the provisions of the RPC on
imposition of penalties based on stage of execution,
degree of participation, and attendance of mitigating
and aggravating circumstances may be applied by
necessary implication.
CHAPTER TWO
JUSTIFYING CIRCUMSTANCES AND
CIRCUMSTANCES WHICH EXEMPT
FROM CRIMINAL LIABILITY
(ARTS. 11-12)
BOOK ONE
ARTICLE 11
JUSTIFYING CIRCUMSTANCES
Justifying Circumstances
Those where the act of a person is said to be in
accordance with law, so that such person is deemed not
to have transgressed the law and is free from both
criminal and civil liability. There is no civil liability, except
in par. 4 of Art. 11 where the civil liability is borne by the
persons benefited by the act.
An affirmative defense, hence, the burden of proof is on
the accused who must prove it by clear and convincing
evidence.
There is both NO crime and NO criminal.
Basis: Lack of criminal intent.
Five circumstances affecting criminal liability:
1. Justifying circumstances; Art. 11, RPC (6); R.A. 9262
VAWC
2. Exempting circumstances; Art. 12, RPC (7)
3. Mitigating circumstances; Art. 13, RPC (10)
4. Aggravating circumstances; Art. 14, RPC (21)
5. Alternative circumstances; Art. 15, RPC (3)
Other circumstances found elsewhere in the RPC:
1. Absolutory cause – the effect is to absolve the offender
from criminal liability, although not from civil liability.
2. Extenuating circumstances - the effect is to mitigate the
criminal liability of the offender and has the same effect
as mitigating circumstances (i.e. Concealment of
dishonor in the crime of infanticide insofar as the mother
and maternal grandparents are concerned, the penalty
is lowered by two degrees; the crime of adultery
committed by a married woman abandoned by her
husband)
Imputability
It the quality by which an act may be ascribed to a person
as its author or owner. It implies that the act committed
has been freely and consciously done and may therefore
be put down to the doer as his very own.
Responsibility
It is the obligation of taking the penal and civil
consequences of the crime.
Guilt
It is an element of responsibility, for a man cannot be
made to answer for the consequences of a crime unless
he is guilty.
Par. 1. Self-Defense
Rights included in self-defense:
Self-defense includes not only the defense of the person
or body of the one assaulted but also that of his rights, the
enjoyment of which is protected by law. Thus, it includes:
1.The right to honor. Hence, a slap on the face is
considered as unlawful aggression since the face
represents a person and his dignity. It is a serious
personal attack; a physical assault, coupled with a
willful disgrace; and it may, therefore, be frequently
regarded as placing in real danger a person’s dignity,
rights and safety (Rugas vs. People, GR No. 147789,
Jan. 14, 2004).
2. The defense of property rights can be invoked if there is
an attack upon the property although it is not coupled
with an attack upon the person of the owner of the
premises. All the elements for justification must
however be present (People vs. Narvaez, 121 SCRA
389, 1983).
Subjects of Self-Defense: (PRPH)
a. Defense of Person
b. Defense of Rights
c. Defense of Property
d. Defense of Honor
What is important is not the duality of the attack but
whether the means employed is reasonable to prevent the
attack.
Self Defense is lawful because:
a. Impulse of self-preservation;
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b.State cannot provide protection for each of its
constituents.
Stand ground when in the right
The law does not require a person to retreat when his
assailant is rapidly advancing upon him with a deadly
weapon.
Reason: He runs the risk of being attacked in the back by
the aggressor.
Requisites: (URL)
1. Unlawful aggression (condition sine qua non);
Kinds of aggression:
a. Lawful
i. In the exercise of a right
ii. In the fulfillment of a duty
b. Unlawful
2. Reasonable necessity of the means employed to
prevent or repel it (if by a peace officer, reasonable
necessity of the means employed to overcome
opponent); and
3. Lack of sufficient provocation on the part of the person
defending himself.
Unlawful aggression
a. Equivalent to an actual physical assault; or
b. Threatened assault of an immediate and imminent
kind which is offensive and positively strong, showing
the wrongful intent to cause injury.
Actual
The danger must be present, that is, actually in
existence.
Imminent
The danger is on the point of happening. It is not
required that the attack already begins, for it may be
too late.
c. Must come from the person attacked by the accused.
No unlawful aggression when there was an
agreement to fight.
The challenge to fight must be accepted.
But aggression which is ahead of a stipulated time
and place is unlawful.
d. Not merely oral threats or threatening stance or
posture.
Mere belief of an impending attack is not sufficient.
e. In relation to “mistake of fact,” the belief of the
accused may be considered in determining the
existence of unlawful aggression.E.g. there is selfdefense even if the aggressor used a toy gun,
provided that the accused believed it to be a real
gun.
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Reasonable necessity of the means employed
1. It involves two elements, necessity for the course of
action and necessity of the means employed, which
should be reasonable.
2. In determining reasonable means, some factors are
to be considered such as: (PINES)
a. Presence of imminent danger;
b. Emergency to which the person defending himself
has been exposed to;
c. Nature and quality of the weapon used by the
accused compared to the weapon of the
aggression;
d. Impelled by the instinct of self-preservation;
e. Size and/or physical character of the aggressor
compared to the accused and other circumstances
that can be considered showing disparity between
aggressor and accused.
This element should be interpreted liberally in favor
of the law-abiding citizen.
Perfect equality between the weapons used by the one
defending himself and that of the aggressor is not
required, neither is the material commensurability
between the means of attack and defense. Rational
equivalence is enough.
Reason: Because the person assaulted does not have
sufficient tranquility of mind to think and to calculate.
Retreat of aggressor – aggression ceases; EXCEPT:
when retreat is made to take a more advantageous
position to insure the success of the attack begun,
unlawful aggression continues.
Retaliation
Inceptual
unlawful
aggression had already
ceased when the accused
attacked him.
Self-defense
Unlawful aggression was
still existing when the
aggressor was injured by
the person making the
defense.
There must be no
appreciable time interval
between the unlawful
aggression and the killing.
Under Republic Act 9262, known as the Anti- Violence
against Women and their Children Act of 2004:
Victim-survivors who are found by the courts to be
suffering from Battered Woman Syndrome do not incur
any criminal or civil liability notwithstanding the absence of
any of the elements for justifying circumstances of self-
CRIMINAL LAW
defense under the RPC. (Sec. 26, R.A. No. 9262) The
law provides for an additional justifying circumstance.
Battered Woman Syndrome
It is a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse.
“Cycle of violence” has three phases: (TAT)
1. The Tension building phase;
2. The Acute battering incident;
3. The Tranquil, loving (or at least non-violent) phase
(People v. Genosa G.R. No. 135981, January 15,
2004).
Four characteristics of the syndrome:
1. The woman believes that the violence was her fault;
2. She has an inability to place the responsibility for the
violence elsewhere;
3. She fears for her life and/or her children’s life; and
4. She has an irrational belief that the abuser is
omnipresent and omniscient.
Only a certified psychologist or psychiatrist can prove the
existence of the Battery Woman Syndrome in a woman.
Battery
It is any act of inflicting physical harm upon the woman or
her child resulting to physical and psychological or
emotional distress.
Lack of Sufficient Provocation
Sufficient provocation should not come from the person
defending himself/accused, and it must immediately
precede the aggression.
Defense of property should be coupled with danger to the
person defending oneself; if there is no danger to the
person or the person’s life or limb, defense of property
cannot be invoked.
Par. 2. Defense of Relatives
Requisites:
1. Unlawful aggression;
2. Reasonable necessity of the means employed to
prevent or repel it; and
3. In case the provocation was given by the person
attacked, the one making the defense had no part
therein.
Relatives that can be defended: (SADBroSAC4)
1. Spouse
2. Ascendants
BOOK ONE
3. Descendants
4. Legitimate, natural or adopted Brothers and Sisters, or
relatives by Affinity in the same degrees. Death of the
spouse terminates the relationship by affinity.
5. Relatives by Consanguinity within the fourth civil
degree.
The fact that the relative defended gave provocation is
immaterial.
There is no distinction in the Revised Penal Code whether
the descendant should be legitimate or illegitimate; when
the law does not distinguish the courts cannot distinguish.
Justification: It is found not only upon a humanitarian
sentiment, but also upon the impulse of blood which
impels men to rush, on the occasion of great perils, to the
rescue of those close to them by ties of blood.
Par. 3. Defense of Stranger
Stranger
They are any person not included in the enumeration of
relatives under par. 2 of Art. 11.
Damage to another includes injury to persons and
damage to property.
A person defending his common-law spouse or adopted
child will fall under this paragraph.
Requisites:
1. Unlawful aggression;
2.Reasonable necessity of the means employed to
prevent or repel it; and
3.The person defending was not induced by revenge,
resentment or other evil motive.
Motive is relevant only in this kind of defense.
Justification: The ordinary person would not stand idly by
and see his companion killed without attempting to save
his life.
Par. 4. Avoidance of greater evil or injury
State of Necessity
Article 11, par. 4 – offender deliberately caused damage.
Article 12, par. 4 – offender accidentally caused damage.
Requisites: (EIN)
1. That the evil sought to be avoided actually exists;
2. That the injury feared be greater than that done to
avoid it; and
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3. There be no other practical and less harmful means of
preventing it.
It is only in this par. (4) that the person defending himself
incurs civil liability, since generally in this article there is
no civil liability on the part of the accused. Such liability is
borne by the person benefited.
CRIMINAL LAW
The actual invasion of property may consist of a mere
disturbance of possession or of a real dispossession. If it
is a mere disturbance of possession, force may be used
against it at any time as long as it continues, even beyond
the prescriptive period of forcible entry. If the invasion
consists of a real dispossession, force to regain
possession can be used only immediately after the
dispossession
Greater evil must not be brought about by the negligence
or imprudence or violation of law by the actor.
The damage caused by the accused in the state of
necessity contemplated here is deliberate, while that in
Par. 4 of Art. 12 is accidentally caused (Regalado, 2009,
p. 57).
Par. 5. Fulfillment of duty or lawful exercise of right or
office
Requisites:
1. That the accused acted in the performance of a duty or
in the lawful exercise of a right or office; and
2. That the injury caused or the offense committed be the
necessary consequence of the due performance of duty
or the lawful exercise of such right or office.
People vs. Delima (46 Phil 738, 1922) –The deceased
who escaped from prison while serving sentence was
under the oligation to surrender, and had no right, after
evading the service of his sentence to commit assault and
disobedience with a weapon on his hand, which
compelled the policeman to resort to such extreme
means, which although it proved to be fatal, was justified
by the circumstances.
Par. 6.Obedience to an order issued for some lawful
purpose
Requisites:
1. That an order has been issued by a superior;
2. That such order must be for some lawful purpose; and
3. That the means used by the subordinate to carry out
said order is lawful.
Par. 6 presupposes that what was obeyed by the accused
was a lawful order; but if the accused complied with an
unlawful order under a mistake of fact, he should not incur
criminal liability (Regalado, 2009, p. 58).
Subordinate is not liable for carrying out an illegal order if
he is not aware of its illegality and he is not negligent.
ARTICLE 12
EXEMPTING CIRCUMSTANCES
Exempting Circumstances (or the Circumstances for
Non-imputability)
Those grounds for exemption from punishment, because
there is wanting in the agent of the crime any of the
conditions which makes the act voluntary, or negligent.
The shooting by prisoner guards of escaping prisoners is
always justified.
There is a crime but NO criminal.
A security guard who shot a thief who refused to
surrender is not justified.
The burden of proof to prove the existence of an
exempting circumstance lies with the defense.
The executor of death convicts at the Bilibid Prison cannot
be liable for murder for the executions performed by him
because he was merely acting in lawful exercise of his
office.
Basis: The exemption from punishment is based on the
complete absence of intelligence, freedom of action, or
intent, or on the absence of negligence on the part of the
accused.
Doctrine of “SELF-HELP”
Article 429 of the Civil Code is applicable under this
paragraph. The article states, “The owner or lawful
possessor of a thing has the right to exclude any person
from the enjoyment and disposal thereof. For this
purpose, he may use such force as may be reasonably
necessary to repel or prevent an actual or threatened
unlawful physical invasion or usurpation of his property.
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Justifying Circumstance
Exempting Circumstance
It affects the act not the
actor.
The act is considered to
have been done within the
bounds of law; hence,
legitimate and lawful in the
eyes of the law.
Since the act is considered
lawful, there is no crime.
It affects the actor not the
act.
The act complained of is
actually wrongful, but the
actor is not liable.
Since the act complained
of is actually wrong there is
a crime but since the actor
acted
without
voluntariness, there is no
dolo nor culpa.
No crime
There is a crime
No criminal
No criminal
No criminal liability
No criminal liability
No civil liability (except Art. There is civil liability
11, par. 4, where there is (except Art. 12, par. 4 and
civil liability)
7, where there is no civil
liability)
Contemplates unintentional May be invoked in culpable
acts and hence, are felonies
incompatible with dolo
Par. 1.Imbecility or Insanity
Imbecility
It exists when a person, while of advanced age, has a
mental development comparable to that of children
between two and seven years of age.
Insanity
It exists when there is a complete deprivation of
intelligence or freedom of the will. Mere abnormality of
mental faculties is not enough especially if the offender
has not lost consciousness of his acts.
Insanity and imbecility, to exempt under Par. 1, must be
complete, and they cannot be graduated in degrees of
gravity (Regalado, 2009, p.60).
An insane person is not so exempt if it can be shown that
he acted during a lucid interval. But an imbecile is exempt
in all cases from criminal liability.
People vs. Formigones (87 Phil 661, 1950) –
feeblemindedness is not exempting but can be considered
as mitigating.
BOOK ONE
Somnambulism or sleepwalking must be clearly proven to
be considered as an exempting circumstance under this
Article.
Malignant Malaria affects the nervous system and causes
among others such complication as acute melancholia
and insanity at times, and if clearly proven will be
considered as an exempting circumstance under this
paragraph. (People vs. Lacena, 69 Phil 350)
Two tests of insanity:
1.Test of COGNITION – complete deprivation of
intelligence in committing the crime.
2. Test of VOLITION – total deprivation of freedom of will.
In the Philippines, both cognition and volition tests are
applied. There must be complete deprivation of the
intellect (cognition) or will or freedom (volition)
The defense must prove that the accused was insane at
the time of commission of the crime because the
presumption is always in favor of sanity.
What are the effects of the insanity of the accused?
Time when accused
Effect on criminal
suffers insanity
liability
At the time of the Exempt from liability.
commission of the
crime.
During trial.
Proceedings will be
suspended
and
accused is committed
to a hospital.
After judgment or while Execution of judgment
serving sentence.
is suspended, the
accused is committed
to a hospital. The
period of confinement
in the hospital is
counted
for
the
purpose
of
the
prescription of the
penalty.
The fact that a person behaves crazily is not conclusive
that he is insane. The prevalent meaning of the word
“crazy” is not synonymous with the legal terms “insane,”
“non compos mentis,” “unsound mind,” “idiot,” or “lunatic.”
The popular conception of the word “crazy” is being used
to describe a person or an act unnatural or out of the
ordinary. A man may behave in a crazy manner but it
does not necessarily and conclusively prove that he is
legally so (People vs. Florendo, G.R. No. 136845, October
8, 2003).
Basis: Complete absence of intelligence
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Par. 2.& 3. Minority (Amended and superseded by RA
9344)
JUVENILE JUSTICE AND WELFARE ACT OF 2006
(RA 9344)
Child in conflict with the law
It refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under
Philippine laws (Sec. 4e).
1. Minimum age of Responsibility - Under RA 9344
(Juvenile Justice and Welfare Act of 2006), the
following are EXEMPT from criminal liability (Sec. 6):
a. Child 15 years of age or under at the time of the
commission of the offense. The child shall be
however subject to an intervention program
pursuant to Section 20 of the Act.
If after the intervention, there is no reform, the
minor shall be returned to the court for the
promulgation of the decision against the minor; and
then the court shall either decide on the sentence
or extend the intervention.
b. Child above 15 but below 18 who acted without
discernment.
Discernment
It is the mental capacity to understand the
difference between right and wrong as determined
by the child’s appearance, attitude, comportment
and behavior not only before and during the
commission of the offense but also after and during
the trial. It is manifested through:
i. Manner of committing the crime
ii. Conduct of the offender
Discernment
Intent
Refers
to
moral Refers to the desired
significance the person act of the person
ascribes to the act
After initial investigation, the local social worker
may:
a. Proceed in accordance with Section 20 if the
child is fifteen (15) years or below or above
fifteen (15) but below eighteen (18) years old,
who acted without discernment; and
b. If the child is above fifteen (15) years old but
below eighteen (18) and who acted with
discernment, proceed to diversion under the
following without undergoing court proceedings
subject to the following conditions: (Section 23)
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i. Where the imposable penalty is not more than
6 years of imprisonment, the PunongBarangay
or law enforcement officer shall conduct
mediation,
family
conferencing
and
conciliation.
ii. Where the imposable penalty exceeds 6 years
imprisonment, diversion measures may be
resorted to only by the court.
2. Exemption from criminal liability herein established
does not include exemption from civil liability.
3. Determination of age – The child in conflict with the law
shall enjoy the presumption of minority until he/she is
proven to be 18 years old or older (Section 7, par.1).
The age of a child may be determined from:
a. child's birth certificate,
b. baptismal certificate or
c. any other pertinent documents.
In the absence of these documents, age may be based on
information from the child himself/herself, testimonies of
other persons, the physical appearance of the child and
other relevant evidence.
In case of doubt as to the age of the child, it shall be
resolved in his/her favor.
Any person contesting the age of the child in conflict with
the law may:
a. If the case against the child has not yet been filed – file
a case in a summary proceeding for the determination
of age prior to the filing of the information in any
appropriate court before the Family Court which shall
decide the case within twenty-four (24) hours from
receipt of the appropriate pleadings of all interested
parties.
b. If a case has been fiied against the child in conflict with
the lawand is pending in the appropriate court - file a
motion to determine the age of the child in the same
court where the case is pending. Pending hearing on
the said motion, proceedings on the main case shall be
suspended.
4. The prosecutor shall conduct a preliminary investigation
and file an information upon determination of probable
cause in the following instances (Section 33):
a. When the child in conflict with the law does not
qualify for diversion.
b. When the child, his/her parents or guardian does not
agree to diversion; and
c. Upon determination by the prosecutor that diversion
is not appropriate for the child in conflict with the
law.
CRIMINAL LAW
5. Automatic Suspension of Sentence – Once the child
who is under 18 years of age at the time of
commission of the offense is found guilty of the offense
charged, the court shall determine and ascertain any
civil liability which may have resulted from the offense
committees. However, instead of pronouncing the
judgment of conviction, the court shall place the child
in conflict with law under suspended sentence, without
need of application and impose the appropriate
disposition measures as provided in the Supreme
Court Rule on Juveniles in Conflictwith the Law
(Section 38).
6. Upon recommendation of the social worker who has
custody of the child, the court shall order the final
discharge of the child. The discharge of the child in
conflict with the law shall not affect the civil liability
resulting from the commission of the offense (Section
39).
BOOK ONE
Note: Only when there is (1) refusal to be subjected to
reformation or (2) when there is failure to reform can the
child be subjected to criminal prosecution and the judicial
system.
Basis: Complete absence or lack of intelligence.
Par. 4. Accident without fault or intention of causing it
Accident
It is an occurrence that happens outside the sway of our
will, and although it comes about through some act of our
will, it lies beyond the bounds of humanly foreseeable
consequences.
Elements: (LDMW)
1. A person is performing a lawful act;
2. With due care;
3. He causes injury to another by mere accident; and
4. Without fault or intention of causing it.
7. Status Offenses – any conduct not considered an
offense or not penalized if committed by an adult shall
not be considered an offense and shall not be
punished if committed by a child
Basis: Lack of negligence and intent.
8. Offenses not applicable to children – Persons below
18 years of age shall be exempt from prosecution for
the crime of:
a. Vagrancy and Prostitution (Art. 202, RPC)
b. Mendicancy (P.D. No. 1563)
c. Sniffing of Rugby (P.D. No. 1619)
Elements: (PIT)
1. That the compulsion is by means of physical force;
2. That the physical force must be irresistible; and
3. That the physical force must come from a third person.
PROVIDED, that said persons shall undergo appropriate
counseling and treatment program
Summary of Rules
If the judgment is an acquittal, the decision shall
immediately take effect without suspension and the
decision shall be promulgated and pronounced.
If the judgment is conviction, the promulgation of the
decision and the sentence shall be suspended by the
court, the minor shall be ordered to undergo intervention,
which shall have the following effects:
a. If after the intervention, there is reform on the part of
the minor, the minor shall be returned to the court to
dismiss the criminal case and dismiss the charges
against the minor.
b. If after the intervention, there is no reform, the minor
shall be returned to the court for the promulgation of
the decision against the minor; and then the court shall
either decide on the sentence or extend the
intervention.
Par. 5. A person who acts under the compulsion of an
irresistible force
Passion and obfuscation cannot amount to irresistible
force.
The force must be so irresistible as to reduce the actor to
a mere instrument who acts not only without will but
against his will.
The person who used the force or created the fear is
criminally and primarily civilly liable, but the accused who
performed the act involuntarily and under duress is still
secondarily liable (Art. 101).
Basis: Complete absence of freedom.
Irresistible Force
Offender uses violence
or physical force to
compel another person
to commit a crime.
Must have been made
to operate directly
upon the person of the
accused.
Uncontrollable Fear
Offender
employs
intimidation or threat in
compelling another to
commit a crime.
May be generated by a
threatened act directed
to a 3rd person, e.g.
the wife of the accused
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who was kidnapped.
The injury feared may
be of a lesser degree
than the damage
caused
by
the
accused.
The evil feared must
be greater or at least
equal to the damage
caused to avoid it.
Par. 6. Uncontrollable fear
Elements:
1. That the threat which causes the fear is of an evil
greater than, or at least equal to, that which he is
required to commit; and
2. That it promises an evil of such gravity and imminence
that the ordinary man would have succumbed to it.
Duress as a valid defense should be based on real,
imminent, or reasonable fear for one’s life or limb and
should not be speculative, fanciful, or remote fear.
The compulsion must be of such character as to leave no
opportunity to the accused for escape or self-defense in
equal combat.
It must presuppose intimidation or threat, not force or
violence.
Basis: Complete absence of freedom.
Par. 7. Insuperable cause
Insuperable cause
It is some motive which has lawfully, morally or physically
prevented a person to do what the law commands.
It applies to felonies by omission.
Elements: (RFI)
1. That an act is required by law to be done;
2. That a person fails to perform such act; and
3. That his failure to perform such act was due to some
lawful or insuperable cause.
Examples:
The municipal president detained the offended party for
three days because to take him to the nearest justice of
the peace required a journey for three days by boat as
there was no other means of transportation (US vs.
Vicentillo, 19 Phil. 118, 1911).
The distance which required a journey for three days was
considered an insuperable cause.
24 SAN BEDA COLLEGE OF LAW
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CRIMINAL LAW
Note: Under the law, the person arrested incident to
arrest must be delivered to the nearest judicial authority at
most within 36 hours under Art. 125 RPC; otherwise, the
public officer will be liable delay in the delivery to judicial
authorities.
A mother who at the time of childbirth was overcome by
severe dizziness and extreme debility, and left the child in
a thicket where said child died, is not liable for infanticide
because it was physically impossible for her to take home
the child (People vs. Bandian, 63 Phil. 530, 1936).
The severe dizziness and extreme debility of the woman
constitute an insuperable cause.
Basis: Lack of intent.
Absolutory Causes
Those where the act committed is a crime but for reasons
of public policy and sentiment, there is no penalty
imposed.
Examples of absolutory causes:(DELIMA2-T2)
1. Spontaneous desistance (Art. 6)
2. Attempted or frustrated light felonies (Art. 7)
3. Accessories who are exempt from criminal liability by
reason or relationship (Art. 20) and in light felonies
4. Slight or less serious physical injuries inflicted under
exceptional circumstances (Art. 247)
5. Persons exempt from criminal liability for theft,
swindling and malicious mischief (Art. 332)
6. Instigation
7. Trespass to dwelling when the purpose of entering
another’s dwelling against the latter’s will is to prevent
some serious harm to himself, the occupants of the
dwelling or a third person, or for the purpose of
rendering some service to humanity or justice, or when
entering cafes, taverns, inns and other public houses,
while the same are open (Art. 280, par. 2)
8. Marriage of the offender and the offended party in
cases of seduction, abduction, acts of lasciviousness
and rape (Art. 344)
9. Adultery and concubinage if the offended party shall
have consented or pardoned the offenders.(Art. 344)
Entrapment is NOT an absolutory cause. A buy-bust
operation conducted in connection with illegal drugrelated offenses is a form of entrapment.
Entrapment
Ways and means are
resorted to for the
capture of lawbreaker
in the execution of his
criminal plan.
Instigation
Instigator induces the
would-be accused to
commit the crime,
hence he becomes a
co-principal.
CRIMINAL LAW
Entrapment
Instigation
The means originates The law enforcer
from the mind of the conceives
the
criminal.
commission of the
crime and suggests to
the accused who
adopts the idea and
carries
it
into
execution.
Not a bar to the It will result in the
prosecution
and acquittal
of
the
conviction of the accused.
lawbreaker.
If the one who made the instigation is a private individual,
not performing public function, both he and the one
induced are criminally liable for the crime committed: the
former, as principal by induction; and the latter, as
principal by direct participation.
CHAPTER THREE
CIRCUMSTANCES WHICH MITIGATE
CRIMINAL LIABILITY
ARTICLE 13
MITIGATING CIRCUMSTANCES
Mitigating Circumstances
Those which if present in the commission of the crime, do
not entirely free the actor from criminal liability, but serve
only to reduce the penalty.
A mitigating circumstance arising from a single fact
absorbs all the other mitigating circumstances arising from
the same fact.
Ordinary
Privileged
Source
Subsections 2-10 of Subsection 1 of Art.
Art. 13 (RPC).
13 of RPC, Arts. 68,
69 and 64 of RPC.
Paragraphs 1 and 2
are
privileged Article 64 applies
mitigating
under only when there are
Article
68
as two or more ordinary
amended by R.A mitigating
9344 and Article 69. circumstances
without any generic
Subsection 1 of Art. aggravating
13 are ordinary circumstances.
mitigating
circumstance, if Art.
49 is not applicable.
BOOK ONE
As to the effect
If not offset (by a It operates to reduce
generic aggravating the penalty by one or
circumstance) it will two degrees.
operate to have the
penalty imposed at
its minimum period,
provided the penalty
is a divisible one.
As to offset
May be offset by Cannot be offset by
generic aggravating a
generic
circumstance.
aggravating
circumstance.
Par. 1. Incomplete
justifying
or
exempting
circumstances
Applies when all the requisites necessary to justify the act
or to exempt from criminal liability are NOT attendant.
Provided, majority of the requisites are present.
1. “Incomplete self-defense, defense of relatives, and
defense of a stranger” - unlawful aggression must be
present, it being an indispensable requisite. It is
considered ordinary mitigating circumstance if only
unlawful aggression is present. When two of the three
requisities (i.e., unlawful aggression and any one of the
other two), the case should be considered a privileged
mitigating circumstance referred to in Art. 69 of this
Code.
2. “Incomplete justifying circumstance of avoidance
of greater evil or injury” – if any of the last two
requisites (i.e., injury feared be greater than that to
avoid it or there be no other practical and less harmful
means of preventing it)
3.“Incomplete justifying circumstance of performance
of duty” – In People vs. Oanis, when one of the two
requisities under par. 5 of Art. 11 was present, Article
69 was applied. Thus, when the justifying or exempting
circumstance has two requisites only, it seems that
there is no ordinary mitigating circumstance in this
case but a privileged mitigating circumstance.
4. “Incomplete justifying circumstance of obedience
to an order” –The order must always be from a
superior.
5. “Incomplete exempting circumstance of minority
over 9 and under 15 years of age” – a minor who is
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CRIMINAL LAW
over 9 years of age and under 15 years old who acted
with discernment, he is entitled to a mitigating
circumstance under Art. 68 but under RA 9344 said
offender is exempt from criminal liability.
Child in Conflict with the Law
It refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under
Philippine laws
6. “Incomplete exempting circumstance of accident” –
under par. 4 of Article 12 there are four requisites,
namely:
a. a person is performing a lawful act;
b. with due care;
c. he causes an injury to another by mere accident; and
d. without fault or intention of causing it.
18 years or over – full criminal responsibility.
70 years or over – mitigating, no imposition of death
penalty; if already imposed, execution of death penalty is
suspended and commuted.
If the requisites (b) with due care and (d) without fault
are absent = Art. 365, in effect there is a mitigating
circumstance because the penalty is lower than that
provided for intentional felony
If the requisites (a) a person is performing a lawful act
and (d) without intention of causing the accident are
absent, (positively stated, the person committed an
unlawful act and had the intention of causing the injury)
= intentional felony
7. “Incomplete
exempting
circumstance
of
uncontrollable fear” – If only one of the two requisites
are present there is only a mitigating circumstance. In
People vs. Magpantay (C.A., 46 O.G. 1655 the accused
was entitled to the mitigating circumstance of grave
fear, not entirely uncontrollable, under par. 1 of Art. 13in
connection with par. 16 of Art. 12 of the RPC the fear of
the accused was not entirely uncontrollable for had he
not been so hasty and had he stopped a few seconds to
think, he would have ascertained that there was no
imminent danger.
Par. 2. Over 15 and under 18, if there is discernment
or over 70 years old
Basis: Diminution of intelligence.
Par. 3. No intention to commit so grave a wrong
(Praeter Intentionem)
Rule for the application:
Can be taken into account only when the facts proven
show that there is a notable and evident disproportion
between the means employed to execute the criminal act
and its consequences. If the resulting felony could be
expected from the means employed, this circumstance
cannot be availed of.
Intention may be ascertained by considering: (WIMB)
1. The weapon used
2. The injury inflicted
3. The manner it is inflicted
4. The part of the body injured
a. Not applicable to felonies by negligence.
b. Not applicable to felonies where intention is immaterial.
c. Not appreciated in murder qualified by treachery.
d. Not appreciated in cases where there is no material
harm done.
Intent at the time of the commission of the felony, not
during the planning stage, should be considered.
Basis: Diminution of intent.
It is the age of the accused at the time of the commission
of the crime which should be determined. His age at the
time of the trial is immaterial.
Legal effects of various ages of offender
1. 15 and below – exempting
2. Above 15 but under 18 – exempting unless acted with
discernment. But even with discernment, penalty is
reduced by one (1) degree lower than that imposed. (Art
68, par. 2, amended by RA 9344)
3. Child in conflict with the law under 18 years of age
who acted with discernment – sentence
suspended.(Art. 192, PD 603 as amended by PD 1179,
referred to as Children in Conflict with the Law under
RA 9344)
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Par. 4. Provocation or threat
Provocation
It is any unjust or improper conduct or act of the offended
party, capable of exciting, inciting or irritating any one.
Requisites: (SOPI)
1. The provocation must be sufficient;
SUFFICIENT means adequate to excite a person to
commit the wrong and must accordingly be
proportionate to its gravity (People vs. Nabora, 73 Phil
434,435, 1941).
CRIMINAL LAW
As to whether or not the provocation is sufficient
depends upon:
a. The act constituting the provocation,
b. The social standing of the person provoked,
c. The place and time when the provocation is made.
2. It must originate from the offended party;
3. The provocation must be personal and directed to the
accused; and
4. That the provocation must be immediate to the act, or
the commission of the crime.
BOOK ONE
When the aggression is in retaliation for an insult, injury or
threat, the offender cannot successfully claim self-defense
but he can be given the benefit of the mitigating
circumstance of under the provisions of paragraph 4,
Article 13. Provocation must be immediate to the
commission of the crime.
Factors to determine gravity of offense in vindication:
1. Social standing of the person
2. Place
3. Time when the insult was made
The threat should not be offensive and positively strong.
Otherwise, the threat to inflict real injury is an unlawful
aggression, which may give rise to self-defense.
Basis: Diminution of the conditions of voluntariness.
The liability of the accused is mitigated only insofar as it
concerns the harm inflicted upon the person who made
the provocation, but not with regard to the other victims
who did not participate in the provocation (US v.
Malabanan, 9 Phil. 262).
Requisites:
1. That there be an act, both unlawful and sufficient to
produce such a condition of mind;
2. That said act which produced the obfuscation was not
far removed from the commission of the crime by a
considerable length of time, during which the
perpetrator might recover his normal equanimity; and
3. The act causing such obfuscation was committed by
the victim himself.
Basis: Diminution of intelligence and intent.
Provocation as
Requisite of
Incomplete SelfDefense
It pertains to its
absence on the part
of
the
person
defending himself.
Provocation as
Mitigating
Circumstance
It pertains to its
presence on the part of
the
offended
party.(People v. CA,
G.R. No. 103613, Feb.
23, 2001)
Par. 5. Vindication of grave offense
Requisites:
1. That there be a grave offense done to the one
committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted brothers or
sisters or relatives by affinity within the same degrees;
2. That the felony is committed in immediate vindication of
such grave offense.
“Immediate” allows for a lapse of time as long as the
offender is still suffering from the mental agony brought
about by the offense to him.
“Grave offense” includes any act that is offensive to the
offender or his relatives and the same need not be
unlawful.
The grave offense must be the proximate cause or
proximate to the act of the offender.
Par. 6. Passion or obfuscation
A mitigating circumstance only when the same arises from
lawful sentiments.
May lawfully arise from causes existing only in the honest
belief of the offender.
The act of the offended party must be unlawful or unjust.
Exercise of a right or fulfillment of duty is not a proper
source of passion and obfuscation.
This mitigating circumstance may be appreciated even if
the reported act causing the obfuscation was not true, as
long as it was honestly and reasonably believed by the
accused to be true. (People vs. Guhiting, 88 Phil. 672)
Mitigating
circumstance when:
The accused acted
upon an impulse.
The impulse must be so
powerful that it naturally
produced passion or
obfuscation in him.
The act is committed in
a spirit of lawlessness.
The act is committed in
a spirit of revenge.
Passion/Obfuscation
Provocation
Not Mitigating when:
Produced by an impulse The provocation must
which may be caused by come from the injured
provocation.
party.
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Passion/Obfuscation
Provocation
Offense
which Must
immediately
engenders perturbation precede the commission
of mind need not be of the crime.
immediate. It is only
required
that
the
influence thereof lasts
until the moment the
crime is committed.
The effect is loss of reason and self-control on the
part of the offender
If obfuscation and provocation arose from one and
the same act, both shall be treated as only one
mitigating circumstance.
Provocation
Vindication
It is made directly only to The grave offense may
the person committing be committed also
the felony.
against the offender’s
relatives mentioned by
law.
The cause that brought The offended party must
about the provocation have done a grave
need not be a grave offense to the offender
offense.
or
his
relatives
mentioned by law.
It is necessary that the The vindication of the
provocation or threat grave offense may be
immediately preceded proximate, which admits
the act.
of an INTERVAL of time.
It is mere spite against It concerns the honor of
the one giving the a person.
provocation or threat.
Passion/Obfuscation
Irresistible Force
It is a mitigating It is an exempting
circumstance.
circumstance.
Cannot give rise to
irresistible force as it
does not involve physical
force.
Passion or obfuscation is
in the offender himself.
Must arise from lawful
sentiments.
Requires physical force.
Must come from a third
person.
Is unlawful.
Passion and obfuscation CANNOT co-exist with:
(VET)
1. Vindication of grave offense
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CRIMINAL LAW
2. Evident premeditation
3. Treachery
Basis: Diminution of intelligence of intent.
Par. 7. Surrender and confession of guilt
Two mitigating circumstances:
1. Voluntary surrender to a person in authority or his
agents.
2. Voluntary confession of guilt before the court prior to
the presentation of evidence for the prosecution.
If both are present, there will be two independent ordinary
mitigating circumstances.
Requisites of voluntary surrender: (NSV)
1. That the offender had Not been actually arrested;
2. That the offender Surrendered himself to a person in
authority or to the latter’s agent; and
3. That the surrender was Voluntary.
Person in authority
He is one directly vested with jurisdiction which is the
power to govern and to execute the laws, whether as an
individual or as a member of some court or governmental
corporation, board or commission.
Agent of a person in authority
He is one who by direct provision of the law or by election
or by appointment by competent authority, is charged with
the maintenance of public order and the protection and
security of life and property and any person who comes to
the aid of persons in authority (Art. 152, as amended by
RA 1978).
When surrender is voluntary
1. Must be spontaneous.
2. Intent of the accused to submit himself unconditionally
to the authorities must be either because:
a. He acknowledges his guilt; or
b. He wishes to save them the trouble and expense
necessarily incurred in his search and capture.
3. The conduct of the accused determines the spontaneity
of the arrest.
4. Intention to surrender without actually surrendering is
not mitigating.
5. Not mitigating when defendant was in fact arrested.
6. It is not required that, to be appreciated, it be prior to
the issuance of a warrant of arrest. (People vs.
Turalba, G.R. No. L-29118, Feb. 28, 1974)
7. Surrender of weapons cannot be equated with
voluntary surrender.
CRIMINAL LAW
Requisites of voluntary plea of guilty: (SOPO)
1. That the offender spontaneously confessed his guilt;
2. That the confession of guilt was made in open court,
that is, before the competent court that is to try the
case;
3. That the confession of guilt was made prior to the
presentation of evidence for the prosecution; and
4. That the confession of guilt was to the offense charged
in the information.
Plea of guilty is not mitigating in culpable felonies and in
crimes punished by special laws.
Where in the original information the accused pleaded not
guilty, but he pleaded guilty to the amended information, it
is considered a voluntary plea of guilty and considered a
mitigating circumstance.(People vs. Ortiz, G.R. No. L19585, Nov. 29, 1965)
Basis: Lesser perversity of the offender.
Par. 8. Physical defect of offender
When the offender is deaf and dumb, blind or otherwise
suffering from some physical defect, restricting his means
of action, defense or communication with others.
The physical defect must relate to the offense committed.
E.g. blindness does not mitigate estafa.
“Dumb” – lacking the power of human speech.
This paragraph does not distinguish between the
educated and uneducated person with physical defect.
Basis: Diminution of freedom of action, therefore
diminution of voluntariness.
Par. 9. Illness of the offender
Requisites:
1. That the illness of the offender must diminish the
exercise of his will-power; and
2. That such illness should not deprive the offender of
consciousness of his acts.
Includes illness of the mind not amounting to insanity.
Kleptomania, feeblemindedness, mistaken belief that
killing witches was for public good and illness of nerves or
moral faculty may be considered as mitigating
circumstances under this subparagraph
Basis: Diminution of intelligence and intent.
BOOK ONE
Par. 10. Similar or Analogous Circumstances
Examples:
1. Impulse of jealousy, similar to passion and obfuscation.
2. Manifestations of Battered Wife Syndrome, analogous
to an illness that diminishes the exercise of will power.
3. Over 60 years old with failing sight, similar to over 70
years of age under par. 2.
4. The act of the accused leading the law enforcers to the
place where he buried the instruments he used to
commit the crime is similar to voluntary surrender.
5. Extreme poverty, as similar to a state of necessity,
which may apply to crimes against property but not of
violence, such as murder.
6. Outraged feeling of unpaid creditor, as akin to
vindication or obfuscation.
7. Appeal to the esprit de corps of the accused, as
analogous to passion.
8. Wartime state of confusion resulting in illegal
possession of firearm after the liberation, as being
similar to lack of intent to commit so grave a wrong.
9. Voluntary return of funds malversed by the accused, as
equivalent to voluntary surrender.
10. Testifying for the prosecution without being discharged
from the information, as being like a plea of guilty.
Circumstances which are neither exempting nor
mitigating:
1. Mistake in the blow or aberratio ictus
2. Mistake in the identity
3. Entrapment
4. Accused is over 18 years of age
5. Performance of righteous action
Specific Mitigating Circumstances
1. Illegal detention (voluntary release within 3 days;
without attaining purpose; before criminal action)
2. Adultery (abandonment of spouse)
3. Infanticide/abortion (intent to conceal dishonor of
mother)
CHAPTER FOUR
CIRCUMSTANCES WHICH AGGRAVATE
CRIMINAL LIABILITY
Aggravating Circumstances
Those which, if attendant in the commission of the crime,
serve to have the penalty imposed in its maximum period
provided by law for the offense or change the nature of
the crime.
Basis: Greater perversity of the offender manifested in
the commission of the felony as shown by:
1. The motivating power itself;
2. The place of the commission;
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3. The means and ways employed;
4. The time; or
5. The personal circumstances of the offender, or the
offended party.
Kinds of aggravating circumstances:
1. Generic – those that can generally apply to all crimes
found under subparagraphs 1,2,3 (dwelling), 4, 5, 6, 9,
10, 14, 18, 19, 20 except “by means of motor vehicle”
(12)
a. Advantage taken of public position;
b. Contempt or insult of public authority;
c. Crime committed in the dwelling of the offended
party;
d. Abuse of confidence or obvious ungratefulness;
e. Palace and place of commission of offense ;
f. Nighttime, uninhabited place, or band;
g. Recidivism;
h. Habituality;
i. Craft, fraud, or disguise;
j. Unlawful entry;
k. Breaking of parts of the house;
l. Use of persons under 15 years of age
2. Specific – those which apply only to specific crimes,
such as ignominy in crimes against chastity and cruelty
and treachery which are applicable only to crimes
against persons found under subparagraphs 3 (except
dwelling), 15, 16, 17 and 21.
a. Disregard of rank, age, or sex due the offended
party in crimes against persons and honor;
b. Abuse of superior strength or means be employed
to weaken the defense;
c. Treachery in crimes against persons;
d. Ignominy in crimes against chastity;
e. Cruelty in crimes against persons.
3. Qualifying – those that change the nature of the crime.
a. Alevosia (treachery) or evident premeditation
qualifies the killing of a person to murder.
b. Art. 248 enumerates the qualifying aggravating
circumstances which qualify the killing of a person to
murder.
4. Inherent – those which of necessity accompany the
commission of the crime, therefore not considered in
increasing the penalty to be imposed, such as:
a. Evident premeditation in robbery, theft, estafa,
adultery and concubinage (CRATE);
b. Abuse of public office in bribery;
c. Breaking of a wall or unlawful entry into a house in
robbery with the use of force upon things;
d. Fraud in estafa;
e. Deceit in simple seduction;
f. Ignominy in rape.
30 SAN BEDA COLLEGE OF LAW
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CRIMINAL LAW
5. Special – those which arise under special conditions to
increase the penalty of the offense and cannot be offset
by mitigating circumstances, such as:
a. Quasi-recidivism (Art.160);
b. Complex crimes (Art.48);
c. Error in personae (Art.49);
d. Taking advantage of public position and membership
in an organized/syndicated crime group (Par. 1[a],
Art. 62);
e. Use of unlicensed firearm in homicide or murder.
Generic Aggravating
Qualifying
Aggravating
As to its effect
Increases the penalty To give the crime its
which
should
be proper and exclusive
imposed upon the name and to place the
accused
to
the author thereof in such a
maximum period but situation as to deserve
without exceeding the no other penalty than
limit prescribed by law.
that specially prescribed
by law for said crime.
As to whether it can be offset by a mitigating
circumstance
May be offset by an Cannot be offset by a
ordinary
mitigating mitigating circumstance
circumstance since it is since it is considered an
not an ingredient of the ingredient of the crime.
crime.
Rules on aggravating circumstances
1. Aggravating circumstances shall not be appreciated if:
a. They constitute a crime specially punishable by law;
or
b. They are included by the law in defining a crime and
prescribing a penalty therefore.
Example: “That the crime be committed by means of
fire, explosion” (Art. 14, par. 12) is in itself a crime of
arson (Art. 321).
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 (Art. 62, par. 2).
Example: Evident premeditation is inherent in theft,
robbery, estafa, adultery and concubinage.
3. Aggravating circumstances which arise:
a. From the moral attributes of the offender; or
b. From his private relations with the offended party; or
c. From any personal cause, shall only serve to
aggravate the liability of the principals, accomplices
and accessories as to whom such circumstances
CRIMINAL LAW
BOOK ONE
are attendant (Art. 62, par. 3) even if there was
conspiracy.
obfuscation, vindication, or sufficient provocation) this
aggravating circumstance cannot be appreciated.
4. The circumstances which consist:
a. In the material execution of the act, or
b. In the means employed to accomplish it, shall serve
to aggravate the liability of those persons only who
had knowledge of them at the time of the execution of
the act or their cooperation therein.
It is also inherent in the case of accessories under Art. 19,
par. 3 (harboring, concealing, or assisting in the escape of
the principal of the crime), and in crimes committed by
public officers (Arts. 204-245).
Exception: When there is proof of conspiracy in
which case the act of one is deemed to be the act of
all, regardless of lack of knowledge of the facts
constituting the circumstance. (Art. 62, par. 4)
5. Aggravating circumstances, regardless of its kind,
should be specifically alleged in the information AND
proved as fully as the crime itself in order to increase
the penalty. (Sec. 9, Rule 110, 2000 Rules of Criminal
Procedure)Such circumstances are not presumed
(People v. Legaspi, G.R. Nos. 136164-65, April 20,
2001).
6. When there is more than one qualifying aggravating
circumstance present, one of them will be appreciated
as qualifying aggravating while the others will be
considered as generic aggravating.
ARTICLE 14
AGGRAVATING CIRCUMSTANCES
Par. 1.That advantage be taken by the offender of his
public position.
Basis: Greater perversity of the offender as shown.
1. By the means of personal circumstance of the offender.
2. By the means used to secure the commission of the
crime.
RA 7659 provides that crimes committed by a public
officer will be given the penalty prescribed at its maximum,
regardless of the nature and number of mitigating
circumstances.
Par. 2.That the crime be committed in contempt of or
with insult to the public authorities.
Basis: Greater perversity of the offender as shown by his
lack of respect for the public authorities.
Requisites: (ExNoKP)
1. That the public authority is engaged in the exercise of
his functions;
2. That the public authority is not the person against
whom the crime is committed;
3. The offender knows him to be a public authority; and
4. His presence has not prevented the offender from
committing the criminal act.
Teachers or professors of a public or recognized private
school and lawyers are NOT “public authority” within the
contemplation of this paragraph.
Par 2 of Art. 14does NOT apply when crime is committed
in the presence of an agent of a person in authority only.
Notes:
Knowledge that a public authority is present is essential.
Lack of such knowledge indicates lack of intention to
insult the public authority.
Applicable only when the offender is a public officer.
As a means by which he realizes his purpose, the public
officer must use: (IPA)
a. Influence,
b. Prestige or
c. Ascendancy.
It cannot be taken into consideration in offenses where
taking advantage of official position is an integral element
of a crime.
Example: Malversation under Art. 217
There must be deliberate intent to use the IPA thus when
coupled with circumstances where intent is lacking (i.e.,
the crime was attendant of negligence, passion or
If crime committed is against the public authority while in
the performance of his duty, the offender commits direct
assault without this aggravating circumstance.
Par. 3.That the act be committed:
1. With insult or in disregard of the respect due the
offended party on account of his
a. rank,
b. age, or
c. sex, or
2. That it be committed in the dwelling of the offended
party, if the latter has not given provocation.
Basis: Greater perversity of the offender as shown by:
1. personal circumstances of the offended party and
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2. the place of the commission of the crime
Definitions:
Rank of the offended
party
Age of the offended
party
Sex of the offended
party
The designation or title
of distinction used to fix
the relative position of
the offended party in
reference to others
May refer to old age or
the tender age of the
victim
Refers to the female
sex, not to the male sex
The four circumstances enumerated can be considered
singly or together.
If all the four circumstances are present, they have the
weight of one aggravating circumstance only.
Disregard of rank, age or sex is essentially applicable only
to crimes against person or honor and has common
denominator which is the respect due to the offended
party
Offender must deliberately offend the rank, age or sex of
the offended party.
There must be a difference in the social condition of the
offender and the offended party.
The aggravating circumstance of disregard of rank,
age, or sex is NOT applicable in the following cases:
1. When the offender acted with passion and obfuscation.
2. When there exists a relationship between the offended
party and the offender.
3. When the condition of being a woman is indispensable
in the commission of the crime (e.g. abduction,
seduction and rape).
Dwelling
It must be a building or structure, EXCLUSIVELY USED
FOR REST AND COMFORT. A “combination of a house
and a store” or a market stall where the victim slept is not
a dwelling.
Dwelling includes dependencies, the foot of the staircase
and enclosure under the house.
The aggravating circumstance of dwelling requires that
the crime be wholly or partly committed therein or in any
integral part thereof.
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CRIMINAL LAW
Dwelling does not mean the permanent residence or
domicile of the offended party or that he must be the
owner thereof. He must, however, be actually living or
dwelling therein even for a temporary duration or purpose.
It is not necessary that the accused should have actually
entered the dwelling of the victim to commit the offense
(i.e. triggerman fired the shot from outside the house, his
victim was inside).
Even if the killing took place outside the dwelling, it is
aggravating provided that the commission of the crime
begun in the dwelling.
In People v. Balansi (187 SCRA 566, 1990) it was held
that the victim need not be the owner or occupant of the
dwelling where he was shot.
Dwelling is not included in the qualifying circumstance of
treachery.
What aggravates the commission of the crime in
one’s dwelling:
1. The abuse of confidence which the offended party
reposed in the offender by opening the door to him; or
2. The violation of the sanctity of the home by trespassing
therein with violence or against the will of the owner.
Dwelling was found aggravating in the following
cases although the crime was committed NOT in the
dwelling of the victims:
1. The victim was raped in the boarding house where she
was a bedspacer;
2. The victims were raped in paternal home where they
were guests at that time;
3. The victims, while sleeping as guests in the house of
another person, were shot to death.
Note: The Code speaks of “dwelling” NOT domicile.
Meaning of provocation in the aggravating
circumstance of dwelling:
The provocation must be: (GSI)
1. Given by the owner of the dwelling,
2. Sufficient, and
3. Immediate to the commission of the crime.
If all these conditions are present, it is NOT an
aggravating circumstance.
The provocation must also have a close relation to the
commission of the crime in the dwelling.
Reason: When it is the offended party who has provoked
the incident, he loses his right to the respect and
consideration due him in his own house.
CRIMINAL LAW
Dwelling is NOT aggravating in the following cases:
1.When both the offender and the offended party are
occupants of the same house.
Exception: In case of adultery in the conjugal dwelling,
the same is aggravating. However, if the paramour also
dwells in the conjugal dwelling, the applicable
aggravating circumstance is abuse of confidence.
2. When robbery is committed by the use of force upon
things, dwelling is not aggravating because it is
inherent.
But dwelling is aggravating in robbery with violence
against or intimidation of persons because this class of
robbery can be committed without the necessity of
trespassing the sanctity of the offended party’s house.
3.In the crime of trespass to dwelling, it is inherent or
included by law in defining the crime.
4.When the owner of the dwelling gave sufficient and
immediate provocation.
5. The victim is not a dweller of the house.
Par. 4.That the act be committed with
1. Abuse of confidence, or
2. Obvious ungratefulness.
Basis: Greater perversity of the offender as shown by the
means and ways employed.
Par. 4 provides two aggravating circumstances which, if
present in the same case must be independently
appreciated.
BOOK ONE
Requisites of obvious ungratefulness: (TAOU)
1. That the offended party had trusted the offender;
2. That the offender abused such trust by committing a
crime against the offended party;
3. That the act be committed with obvious ungratefulness.
The ungratefulness contemplated by par. 4 must be such
obvious, clear and manifest ingratitude on the part of the
accused.
Par. 5.That the crime be committed:
1 In the palace of the Chief Executive, or
2. In his presence, or
3. Where public authorities are engaged in the
discharge of their duties, or
4. In a place dedicated to religious worship.
Basis: Greater perversity of the offender as shown by the
place of the commission of the crime, which must be
respected.
Must be dedicated to public religious worship; private
chapels not included.
People vs. Jaurigue (76 Phil. 174, 182) – there must be
intention to desecrate the place dedicated to public
religious worship and hold said worship regularly in said
place.
The President or Chief Executive need not be in the
Palace to aggravate the liability of the offender under no.
2 above. As long as he was present, and his presence is
known to the accused when he did the crime, there is
aggravating circumstance.
Requisites of abuse of confidence: (TAF)
1. That the offended party had Trusted the offender;
2. That the offender Abused such trust by committing a
crime against the offended party;
3.That the abuse of confidence Facilitated the commission
of the crime.
Except for the third which requires that official functions
are being performed at the time of the commission of the
crime, the other places mentioned are aggravating per se
even if no official duties or acts of religious worship are
being conducted there.
The confidence between the offender and the offended
party must be immediate and personal.
Cemeteries are not considered as place dedicated to the
worship of God.
It is not a mere betrayal of trust, since the offended party
must be the one who actually reposed his confidence in
the offender.
Offender must have intention to commit a crime when he
entered the place.
Note: Abuse of confidence is inherent in: (STEM)
a. qualified seduction (Art. 337).
b. qualified theft (Art. 310);
c. estafa by conversion or misappropriation (Art. 315); and
d. malversation(Art. 217);
An electoral precinct or polling place during election day is
a place “where public authorities are engaged in the
discharge of their duties”.
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Par. 5. Where Public
Authorities are
Par. 2. Contempt or
Engaged in the
Insult to Public
Discharge of their
Authorities
Duties
Public authorities are in the performance of their
duties
Place where public duty is performed
In their office
Outside of their office
The offended party
May or may not be the Public authority should
public authority
not be the offended
party.
Par. 6.That the crime be committed
1. In the nighttime, or
2. In an uninhabited place, or
3. By a band, whenever such circumstance may
facilitate the commission of the offense.
Basis: On the time and place of the commission of the
crime and means and ways employed.
There are three aggravating circumstances in this
paragraph
When present in the same case and their element are
distinctly palpable and can subsist independently, they
shall be considered separately.
Not applicable when the mitigating circumstances of
passion or obfuscation or sufficient provocation are
present in the commission of the crime.
When nighttime, uninhabited place or band
aggravating:
1. When it facilitated the commission of the crime
(objective); or
2. When especially sought for by the offender to insure
the commission of the crime or for the purpose of
impunity (subjective); or
3. When the offender took advantage thereof for the
purpose of impunity (subjective).
Nighttime
(obscuridad)
That period of darkness
beginning at end of dusk
and ending at dawn.
Nights are from sunset
to sunrise.
CRIMINAL LAW
Uninhabited place
(despoblado)
Band (en cuadrilla)
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.
Whenever more than
three (i.e. at least four)
armed malefactors shall
have acted together in
the commission of an
offense, it shall be
deemed committed by a
band.
1. Nighttime
It is necessary that the commission of the crime was
begun and completed at nighttime.
When the place of the crime is illuminated by light,
nighttime is not aggravating. Illumination may come
from moon, torch, or gasera.
It cannot be applied to cases involvingan accidental
meeting, a chance encounter or spurs of the moment.
Circumstance of nocturnity, although not specially
sought for, shall aggravate criminal liability if it facilitated
the commission of the offense or the offender took
advantage of the same to commit the crime.
It is not considered as an aggravating circumstance
when the crime began at daytime. The commission of
the crime should begin and end at nighttime.
General Rule: Nighttime is absorbed in treachery.
Exception: Where both the treacherous mode of attack
and nocturnity were deliberately decided upon in the
same case, they can be considered separately if such
circumstances have different factual bases. In People
vs. Berdida (G.R. No. L-20183; June 30, 1966), the
Supreme Court ruled that “inasmuch as the treachery
consisted in the fact that the victims' hands were tied at
the time they were beaten, the circumstance of
nighttime is not absorbed in treachery, but can be
perceived distinctly therefrom, since the treachery rests
upon an independent factual basis. A special case
therefore is present to which the rule that nighttime is
absorbed in treachery does no apply.”
2. Uninhabited place
The determining factor for the existence of this
circumstance is the reasonable possibility of the victim
receiving or securing aid from third persons.
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BOOK ONE
This should not be considered when the place where
the crime was committed could be seen and the voice
of the deceased could be heard from a nearby house.
It must appear that the solitude of the place where the
crime was committed was sought in order to better
attain the purpose. It cannot be applied in cases of
chance encounters.
3. Band
The four armed persons contemplated in this
circumstance must ALL be principals by direct
participation who acted together in the execution of the
acts constituting the crime. In this case, conspiracy is
presumed.
If one of them was a principal by inducement, the
aggravating circumstance of having acted with the aid
of armed men may be considered.
It absorbs the aggravating circumstances of abuse of
superior strength and use of firearms (except when the
firearm has no license or there is a lack of license to
carry the firearm) if they are present in the commission
of the crime.
This aggravating circumstance is not applicable in
crimes against chastity, but is considered in crimes
against property, crimes against persons, illegal
detention, and treason.
This aggravating
brigandage.
circumstance
is
inherent
in
“Arm” may even refer to stone.
There should be deliberate intent to take advantage of this
circumstance. It is inapplicable to cases attendant of
negligence or carelessness, passion of obfuscation and
chance encounters
Par. 8.That the crime be committed with the aid of:
1. Armed men, or
2. Persons who insure or afford impunity.
Basis: means and ways of committing the crime
Requisites:
1.That armed men or persons took part in the commission
of the crime, directly or indirectly;
2.That the accused availed himself of their aid or relied
upon them when the crime was committed.
“Armed” – equipped with a weapon (Black’s Law
Dictionary)
This requires that the armed men are ACCOMPLICES
who take part in that minor capacity directly or indirectly,
and not when they were merely present at the crime
scene. Neither should they constitute a band, for then the
proper aggravating circumstance would be “by a band.”
When this aggravating circumstance shall NOT be
considered:
1. When both the attacking party and the party attacked
were equally armed.
2. When the accused as well as those who cooperated
with him in the commission of the crime acted under
the same plan and for the same purpose.
Reason for the aggravation:
In the midst of a great calamity, the offender, instead of
lending aid to the afflicted, adds to their suffering by taking
advantage of their misfortune to despoil them. It is
necessary that the offender took advantage of the
calamity or misfortune.
Par. 8. “With the Aid
of Armed Men”
As to their number
Requires more than At least two
three
armed
malefactors (i.e., at
least four)
As to their action
Requires that more This circumstance is
than three armed present even if one of
malefactors shall have the offenders merely
acted together in the relied on their aid, for
commission of an actual aid is not
offense.
necessary.
As to their liability
Band members are all Armed men are mere
principals.
accomplices.
“Other calamity or misfortune” – refers to other conditions
of distress similar to those preceding in the enumeration.
Mere moral or psychological aid or reliance is sufficient to
constitute this aggravating offense.
When the armed men met up casually with others, and
a crime was thereafter committed, it cannot be
considered as an aggravating circumstance.
Par. 7.That the crime be committed on the occasion of
a conflagration, shipwreck, earthquake, epidemic or
other calamity or misfortune.
Basis: The time of the commission of the crime.
Par. 6 “By a Band”
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If there are four armed men, aid of armed men is
absorbed in employment of a band.
“Aid of armed men” includes “armed women” (People vs.
Licop, 94 Phil. 839, 846).
Persons who insure or afford impunity must have or be in
a position to afford impunity (ex. A judge)
CRIMINAL LAW
the same title of the Code, the first conviction is still
counted to make him a recidivist, since pardon does
not obliterate the fact of his prior conviction.
h. Example of a recidivist is when the accused was
convicted previously of homicide and was now
convicted of the crime of rape. Both are under Title
Eight of Book Two of the RPC, Crimes against
persons.
i. RA 8353 also known as Anti-Rape Law of 1997
reclassified rape as Crime against persons.
Par. 9.That the accused is a recidivist (reincidencia)
Basis: Greater perversity of the offender, as shown by his
inclination to crimes
Recidivist
He 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 the RPC
Note: A Recidivist is entitled to the benefits of the
Indeterminate Sentence Law but is disqualified from
availing credit of his preventive imprisonment.
Requisites: (TC2S)
1. That the offender is on trial for an offense;
2. That he was previously convicted by final judgment of
another crime;
3. That the offender is convicted of the new offense;
4. That both the first and the second offenses are
embraced in the Same title of the Code.
Meaning of “at the time of his trial for one crime”
a. It is employed in its general sense.
b. It is meant to include everything that is done in the
course of the trial, from arraignment until after sentence
is announced by the judge in open court.
c. In recidivism, it is sufficient that the succeeding offense
be committed after the commission of the preceding
offense provided that at the time of his trial for the
second offense, the accused had already been
convicted of the first offense.
d. If both offenses were committed on the same date, they
shall be considered as only one, hence, they cannot be
separately counted in order to constitute recidivism.
Also, judgments of convicted handed down on the same
day shall be considered as only one conviction.
e. To prove recidivism, it is necessary to allege the same
in the information and to attach thereto certified copy
of the sentences rendered against the accused.
f. Recidivism must be taken into account no matter how
many years have intervened between the first and
second felonies.
g. Even if the accused was granted a pardon for the first
offense, but he commits another felony embraced in
36 SAN BEDA COLLEGE OF LAW
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When the accused is granted:
Pardon
Amnesty
Even if the accused In the case of amnesty
was granted a pardon which
theoretically
for the first offense, the considers the previous
first conviction is still transgressions as not
counted to make him a punishable. According
recidivist since pardon to Art. 89, amnesty
does not obliterate the extinguishes
the
fact of his prior penalty and all its
conviction.
effects.
Par. 10. That the offender has been previously
punished
1. For an offense to which the law attaches an equal
or greater penalty or
2. For two or more crimes to which it attaches a
lighter penalty.
Basis: Greater perversity of the offender as shown by his
inclination to crimes
Requisites of reiteracion or habituality:(TPC)
1. That the accused is on trial for an offense;
2. That he previously served sentence for another offense
to which the law attaches (not the penalty actually
imposed):
a. Equalor greater penalty, or
b. For two or more crimes to which it attaches a lighter
penalty than that for the new offense; and
3. That he is convicted of the new offense.
If the second offense or crime is punishable under a
special law, it cannot be considered under reiteracion
because Arts. 13, 14 and 15 of the RPC are not
applicable to special law crimes.
Reiteracion
Recidivism
As to the first offense
It is necessary that the It is enough that a final
offender shall have judgment has been
served
out
his rendered in the first
sentence for the first offense.
CRIMINAL LAW
aggravating circumstance cannot apply to a quasirecidivist.
offense.
As to the kind of offenses involved
The previous and Requires that the
subsequent offenses offenses be included in
must not be embraced the same title of the
in the same title of the Code.
Code.
As to frequency
Not
always
an Always to be taken into
aggravating
consideration in fixing
circumstance.
the penalty to be
imposed upon the
accused.
Four forms of repetition
Recidivism (par.
9,Art. 14) – Generic
Aggravating
Circumstance
Reiteracion or
Habituality(par. 10,
Art. 14) – Generic
Aggravating
Circustance
Multi-recidivism or
Habitual delinquency
(Art. 62, par, 5) –
Extraordinary
Aggravating
Circumstance
Quasi-recidivism
(Art. 160) – Special
Aggravating
Circumstance
BOOK ONE
Where a person, on
separate occasions, is
convicted
of
two
offenses embraced in
the same title in the
RPC.
Where the offender has
been
previously
punished for an offense
to which the law
attaches an equal or
greater penalty or for
two crimes to which it
attaches
a
lighter
penalty.
Where a person within a
period of ten years from
the date of his release
or last conviction of the
crimes of serious or less
serious physical injuries,
robbery, theft, estafa or
falsification, is found
guilty of the said crimes
a third time or oftener.
Where
a
person
commits felony before
beginning to serve or
while serving sentence
on a previous conviction
for a felony.
Since reiteracion provides that the accused has duly
served the sentence for his previous conviction/s, or is
legally considered to have done so, quasi-recidivism
cannot at the same time constitute reiteracion, hence this
If the same set of facts constitutes recidivism and
reiteracion, the liability of the accused should be
aggravated by recidivism which can easily be proven.
The court must exercise its discretion in applying this
aggravating circumstance in favor of the accused.
Par. 11.That the crime be committed in consideration
of a price, reward or promise.
Basis: Greater perversity of the offender, as shown by the
motivating power itself
To consider this circumstance, the price, reward or
promise must be the primary reason or primordial motive
for the commission of the crime.
Whose liability is aggravated:
If Alleged as a
If Alleged as
General
Qualifying
Circumstance
Circumstance
Only the liability of the Both the liability of the
receiver is affected.
giver and the receiver
are affected.
There must be two or more principals, the one who gave
or offered the price or promise and the one who accepted
it, both of whom are principals.
If without previous promise it was given voluntarily after
the crime had been committed, it should not be taken into
consideration for the purpose of increasing the penalty.
The price, reward or promise need not consist of or refer
to material things or that the same were actually delivered.
It is sufficient that the offer made by the principal by
inducement be accepted by the principal by direct
participation before the commission of the offense.
Par. 12. That the crime be committed by means of
(FIPE-SAD)
1. Fire,
2. Inundation,
3. Poison,
4. Explosion,
5. Stranding of a vessel or intentional damage thereto,
6. By the use of any other artifice involving great
waste and ruin, or
7. Derailment of a locomotive.
Basis: Means and ways employed
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Inundation
It refers to use of water or causing the water to flood in the
commission of the offense.
When another aggravating circumstance already qualifies
the crime, any of these aggravating circumstances shall
be considered as generic aggravating circumstance only.
When there is no actual design to kill a person in burning
a house, it is plain arson even if a person is killed. Had
there been an intent to kill, the crime committed is murder,
qualified by circumstance that the crime was committed
“by means of fire”.
“Fire,” “explosion,” and “derailment of locomotive” may be
part of the definition of a particular crime, such as, arson,
crime involving destruction, and damages and obstruction
to means of communication. In these cases, they do not
serve to increase the penalty.
A killing committed through any of these qualifies the
crime to murder, except if arson was resorted to but
without intent to kill, in view of P.D. 1613 which provides a
specific penalty for that situation.
Par. 12 “By Means of
Inundation, Fire, etc.”
The crime is committed
by means of any such
acts involving great
waste or ruin.
Par. 7 “On the
Occasion
of
a
Conflagration,
Shipwreck, etc.
The crime is committed
on the occasion of a
calamity or misfortune.
Rules as to the use of fire:
Act of the Accused
Crime Committed
Intent was only to burn Simple arson but with a
but somebody died
specific
penalty
(Art.326)
If fire was used as a Murder
means to kill
If fire was used to Separate crimes of
conceal the killing
arson and murder/
homicide
Par. 13. That the act be committed with evident
premeditation
Basis: Reference to the ways of committing the crime
because evident premeditation implies a deliberate
planning of the act before executing it.
Requisites:
The prosecution must prove – (TADS)
38 SAN BEDA COLLEGE OF LAW
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CRIMINAL LAW
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. The date and time when the crime was committed, to
compute the lapse of time; and
4. A sufficient lapse of time between the determination
and execution, to allow him to reflect upon the
consequences of his act and to allow his conscience to
overcome the resolution of his will.
Essence: The execution of the criminal act is preceded by
cool thought and reflection upon the resolution to carry out
the criminal intent within a space of time sufficient to arrive
at a calm judgment (People vs. Abadies, GR No. 135975,
August 14, 2002).
There must be sufficient time between the outward acts
and the actual commission of the crime.
Evident premeditation is presumed to exist when
conspiracy is directly established (People vs. Sapigao, et.
al., GR No. 144975, June 18, 2003).
Premeditation is absorbed by reward or promise but only
insofar as the inducer is concerned since he obviously
reflected thereon in planning the crime but not the person
induced since one can be a principal by direct
participation without the benefit of due reflection.
In order for evident premeditation to exist, the person
premeditated against must be the same victim of the
crime. It is not necessary that the victim is identified. It is
sufficient that the victim is determined so as he belongs to
a group or class that may be premeditated against
(Ortega, 2009).
If the offender premeditated on the killing of any person, it
is proper to consider against the offender the aggravating
circumstance of premeditation, because whoever is killed
by him is contemplated in his premeditation.
Evident premeditation, while inherent in robbery, may be
aggravating in robbery with homicide if the premeditation
included the killing of the victim.
It is a general rule that evident premeditation is not
applicable in error in personae or aberratio ictus, except if
there was a general plan to kill anyone to commit the
crime premeditated.
Evident premeditation is compatible with the mitigating
circumstance of immediate vindication of a relative for a
grave offense.
CRIMINAL LAW
Par. 14 – That (CFD)
1. Craft,
2. Fraud, or
3. Disguise be employed
identification more difficult, such as the use of a mask or
false hair or beard.
There are three aggravating circumstances under this
paragraph.
Basis: Means employed in the commission of the crime
Craft(astucia)
Fraud (fraude)
Disguise (disfraz)
Involves the use of
intellectual trickery or
cunning on the part of the
accused to aid in the
execution of his criminal
design.
Insidious
words
or
machinations used to
induce the victim to act in a
manner which would enable
the offender to carry out his
design.
Resorting to any device to
conceal identity.
Fraud
Where there is a direct
inducement by insidious
words or machinations,
fraud is present.
BOOK ONE
Craft
The act of the accused
done in order not to
arouse the suspicion of
the victim constitutes
craft.
This is characterized by the intellectual or mental
rather than the physical means to which the criminal
resorts to carry out his design.
Fraud
According to Justice Regalado, the fine distinctions
between “craft” and “fraud” would not really be called for
as these terms in Art. 14 are variants of means employed
to deceive the victim and if all are present in the same
case, they shall be applied as a single aggravating
circumstance.
Craft and fraud may be absorbed in treachery if they have
been deliberately adopted as the means, methods or
forms for the treacherous strategy, or they may co-exist
independently.
Par. 15.That
1. Advantage be taken of superior strength, or
2. Means be employed to weaken the defense.
There are two aggravating circumstances under this
paragraph.
Basis: Means employed in the commission of the crime.
Par. 15 enunciates two aggravating circumstances either
of which qualifies a killing to murder.
To
deliberately
use
excessive force that is out
of proportion to the means
Advantage be taken for self-defense available
to the person attacked.
(People vs. Lobrigas, et.
al., GR No. 147649,
December 17, 2002)
The offender employs
Means employed to means that materially
weaken defense
weakens the resisting
power of the offended
party.
No advantage of superior strength in the following:
1. One who attacks another with passion and obfuscation
does not take advantage of his superior strength.
2. When a quarrel arose unexpectedly and the fatal blow
was struck at a time when the aggressor and his victim
were engaged against each other as man to man.
For abuse of superior strength, the test is the relative
strength of the offender and his victim, whether or not he
took advantage of his greater strength.
When there are several offenders participating in the
crime, they must all be principals by direct participation
and their attack against the victim must be concerted and
intended to be so.
Abuse of superior strength is inherent in the crime of
parricide where the husband kills the wife.
Abuse of superior strength is also present when the
offender uses a weapon which is out of proportion to the
defense available to the offended party.
Fraud is inherent in estafa
Disguise
The test of disguise is whether the device or contrivance
resorted to by the offender was intended to or did make
When the victim was alternately attacked, there is no
abuse of superior strength.
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BOOK ONE
By a Band
Appreciated when the
offense is committed
by more than three
armed malefactors
regardless of the
comparative strength
of the victim or
victims.
Abuse of Superior
Strength
The gravamen of abuse
of superiority is the
taking advantage by the
culprits
of
their
collective strength to
overpower their relatively weaker victim or
victims.
What is taken into
account here is not the
number of aggressors
nor the fact that they
are armed, but their
relative
physical
strength vis-a vis the
offended party.
Abuse of superior strength absorbs cuadrilla(“band”).
Note: The means employed may amount to treachery
when the victim is not able to put up any sort of
resistance.
Examples of “means employed to weaken defense”:
1. Where one, struggling with another, suddenly throws a
cloak over the head of his opponent and while in this
situation he wounds or kills him.
2. One who, while fighting with another, suddenly casts
sand or dirt upon the latter eyes and then wounds or
kills him.
This circumstance is applicable only to crimes against
persons, and sometimes against person and property,
such as robbery with physical injuries or homicide.
Par. 16.That the act be committed with treachery
(alevosia).
Basis: Means and ways employed in the commission of
the crime
Treachery (alevosia)
It is present when the offender commits any of the crimes
against 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.
Requisites of treachery:
1. That at the time of the attack, the victim was not in a
position to defend himself; and
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CRIMINAL LAW
2. That the offender consciously adopted the particular
means, method or form of attack employed by him.
The TEST of treachery is not only the relative position of
the parties but, more specifically, whether or not the victim
was forewarned or afforded the opportunity to make a
defense or to ward off the attack.
Rules regarding treachery:
1. Applicable only to crimes against persons.
2. Means, methods or forms need not insure
accomplishment of crime.
3. The mode of attack must be consciously adopted.
Treachery is taken into account even if the crime against
the person is complexed with another felony involving a
different classification in the Code.
The suddenness of attack does not, of itself, suffice to
support a finding of alevosia, even if the purpose was to
kill, so long as the decision was made all of a sudden and
the victim’s helpless position was accidental.
Treachery must be appreciated in the killing of a child
even if the manner of attack is not shown.
Treachery is appreciated when the accused employed
means to render the victim defenseless before the
commission of the crime, or to eliminate the risk of
defense on the part of the offended party.
Important questions to answer:
1. Was the attack sudden and unexpected?
2. Did the offended party have opportunity to defend
himself?
3. Was the mode of the attack deliberately or consciously
adopted by the accused to insure execution without
risk to himself? If the answers to all these questions is
YES, then treachery is present.
When must treachery be present:
1. When the aggression is continuous, treachery must be
present in the BEGINNING of the assault (People vs.
Manalad, GR No. 128593, August 14, 2002).
2. When the assault was not continuous, in that there was
interruption, it is sufficient that treachery was present
at the moment the fatal blow was given (US vs.
Baluyot, 40 Phil 385, 1919).
Hence, even though in the inception of the aggression
which ended in the death of the deceased, treachery
was not present, if there was a break in the continuity
of the aggression and at the time of the fatal wound
was inflicted on the deceased he was defenseless, the
circumstance of treachery must be taken into account.
CRIMINAL LAW
Alevosia should be considered even if:
1. The victim was not predetermined but there was a
generic intent to treacherously kill any first two persons
belonging to a class. (The same rule obtains for
evident premeditation).
2. There was aberratio ictus and the bullet hit a person
different from that intended.
3. There was error in personae, hence the victim was not
the one intended by the accused.
Reason for the rule: When there is treachery, it is
impossible for either the intended victim or the actual
victim to defend himself against the aggression.
Treachery absorbs (CAN-ACE)
1. Craft
2. Abuse of superior strength
3. Nighttime
4. Aid of armed men
5. Cuadrilla (“band”)
6. Employing means to weaken the defense
Treachery cannot co-exist with passion or obfuscation
(People vs. Pansensoy, GR No. 140634, Sept. 12, 2002).
Par. 17.That means be employed or circumstances
brought about which add ignominy to the natural
effects of the act.
Basis: Means employed
Ignominy
It is a circumstance pertaining to the moral order, which
adds disgrace and obloquy to the material injury caused
by the crime
Note: This is inherent in libel and acts of lasciviousness.
Meaning of “which add ignominy to the natural effects
thereof”
The means employed or the circumstances brought about
must tend to make the effects of the crime more
humiliating to victim or to put the offended party to shame,
or add to his moral suffering (People vs. Carmina, G.R.
No. 81404, January 28, 1991).
Injured party must not be dead when the act causing
ignominy was inflicted to him.
Applicable to:
a. Crimes against chastity,
b. Less serious physical injuries,
c. Light or grave coercion, and
d. Murder.
BOOK ONE
Par. 18.That the crime be committed after an unlawful
entry.
Basis: Means and ways employed to commit the crime
Unlawful entry
It is when an entrance (and not for escape) is effected
by a way not intended for the purpose.
Reason for aggravation: One who acts, not respecting
the walls erected by men to guard their property and
provide for their personal safety, shows a greater
perversity, a greater audacity; hence, the law punishes
him with more severity.
Unlawful entry is inherent in:
1. Robbery with the use of force upon things;
2. Trespass to dwelling.
Par. 19 .That as a means to the commission of a
crime, a (WaRooFDoW)
1. Wall,
2. Roof,
3. Floor,
4. Door, or
5. Window be broken.
Basis: Means and ways employed to commit the crime
This circumstance is aggravating only in those cases
where the offender resorted to any of said means to enter
the house.
Par. 19
It involves the breaking
(rompimiento) of the
enumerated parts of
the house.
Par. 18
Presupposes
that
there is no such
breaking as by entry
through the window
If the offender broke a window to enable himself to reach
a purse with money on the table near that window, which
he took while his body was outside of the building, the
crime of theft was attended by this aggravating
circumstance. It is not necessary that the offender should
have entered the building.
Par. 20. That the crime be committed:
1. with the aid of persons under fifteen years of age,
or
2. by means of motor vehicles, airships, or other
similar means.
Basis: Means and ways employed to commit the crime
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Two different circumstances grouped in this
paragraph:
1. With the aid of persons under fifteen years of age.
Tends to repress, so far as possible, the frequent
practice resorted to by professional criminals to avail
themselves of minors taking advantage of their
irresponsibility.
2. By means of motor vehicles, airships, or other similar
means.
Intended to counteract the great facilities found by
modern criminals in said means to commit crime and
flee and abscond once the same is committed.
Use of motor vehicle is aggravating where the accused
purposely and deliberately used the motor vehicle in:
a. going to the place of the crime,
b. carrying away the effects thereof, and
c. in facilitating their escape.
Meaning of “or other similar means”
Should be understood as referring to motorized vehicles
or other efficient means of transportation similar to
automobile or airplane.
Par. 21.That the wrong done in the commission of the
crime be deliberately augmented by causing other
wrong not necessary for its commission.
CRIMINAL LAW
Number of wounds alone does not show cruelty, it being
necessary to show that the accused deliberately and
inhumanly increased the sufferings of the victims (People
v. Aguinaldo, 55 Phil. 610, 615-616).
If the victim was already dead when the acts of mutilation
were being performed, this would also qualify the killing to
murder due to outraging of his corpse. But since the victim
is already dead, cruelty cannot be appreciated in this
case.
Ignominy (Par.17)
Cruelty (Par. 21)
Involves
moral Refers to physical
suffering
suffering
Unlike mitigating circumstances (par. 10, Art. 13), there is
no provision for aggravating circumstances of a similar or
analogous character.
Other Aggravating Circumstances Under Special
Penal Laws
R.A 9165,
Comprehensive
Dangerous Drugs Act
of 2002
Basis: Ways employed to commit the crime
Cruelty
It is cruelty when the culprit enjoys and delights in making
his victim suffer slowly and gradually, causing
unnecessary physical pain in the consummation of the
criminal act.
Requisites of cruelty:
1. That the injury caused be deliberately increased by
causing other wrong;
2. That the other wrong be unnecessary for the execution
of the purpose of the offender.
Cruelty is inherent in:
a. Crimes against persons
b. Mutilation
There must be positive proof that the wounds found on
the body of the victim were inflicted while he was still alive
in order to unnecessarily prolong physical suffering.
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Use of Unlicensed
Firearm
(PD No. 1866 as
amended by R.A.
8294)
When a crime is
committed
by
an
offender who is under
the
influence
of
dangerous drugs, such
state
shall
be
considered
as
a
qualifying aggravating
circumstance.
1. (Sec. 1, par.3) If
homicide or murder
is committed with
the use of an
unlicensed firearm,
such use of an
unlicensed firearm
shall be considered
as an aggravating
circumstance.
2. (Sec. 3) when a
person commits any
crime under the
Revised
Penal
Code or special
laws with the use of
explosives including
but not limited to
pillbox,
molotov
cocktail
bombs,
denotation agents
or
incendiary
devices resulting in
CRIMINAL LAW
Organized/Syndicated
Crime Group under
R.A. 7659
Owner,
driver
or
passenger
of
carnapped vehicle is
killed or raped
the death of a
person, the same is
aggravating.
The maximum penalty
shall be imposed if the
offense was committed
by any person who
belongs
to
an
organized/syndicated
crime group.
The penalty of life
imprisonment to death is
imposed.
Organized/syndicated crime group
It is a group of two or more persons collaborating,
confederating or mutually helping one another for the
purposes of gain in the commission of any crime (Art. 23,
R.A. 7659).
Crimes involving gain or profit: (TERI)
1. Theft
2. Estafa
3. Robbery
4. Illegal Recruitment.
Thus syndicate is not aggravating in:
1. Homicide
2. Murder
3. Rape
4. Physical Injuries
Specific Aggravating Circumstances
1. Violation of domicile (nighttime; papers and effects not
returned immediately)
2. Interruption of religious worship (violence or threats)
3. Direct assault (weapon, offender is a public officer or
employee; offender lays hands upon a person in
authority)
4. Grave threats (in writing; thru a middleman)
5. Slavery
6. Robbery with violence against or intimidation of persons
(uninhabited place, band) EXCEPT: robbery with
homicide or robbery with rape
7. Robbery with force upon things (uninhabited place and
by a band)
ARTICLE 15
ALTERNATIVE CIRCUMSTANCES
Alternative Circumstances
Those which must be taken into consideration as
aggravating or mitigating according to the nature and
BOOK ONE
effects of the crime and the other conditions attending its
commission.
The alternative circumstances are: (RID)
1. Relationship;
2. Intoxication; and
3. Degree of instruction and education of the offender.
Relationship
The alternative circumstance of relationship shall be
taken into consideration when the offended party is the
– (SADBroSA)
a. Spouse,
b. Ascendant,
c. Descendant,
d. Legitimate, natural, or adopted brother or sister, or
e. Relative by affinity in the same degree of the
offender.
Other relatives included:
a.The relationship of stepfather or stepmother and
stepson or stepdaughter.
Reason: It is the duty of the stepparents to bestow
upon their stepchildren a mother’s/father’s affection,
care and protection.
b. The relationship of adopted parent and adopted child.
But the relationship of uncle and niece is not covered
by any of the relationship mentioned.
Application of Alternative Circumstances:
1. CRIMES AGAINST PROPERTY
Mitigating in the crimes against property (RUFA):
a. Robbery (Arts. 294-302),
b. Usurpation (Art. 312),
c. Fraudulent Insolvency(Art. 314)
d. Arson (Arts. 321-322, 325-326).
Exempting circumstance in the crimes of:
a. Theft,
b. Estafa, and
c. Malicious mischief if the offender and the offended
party lives together (Art. 332).
2. CRIMES AGAINST PERSONS
It is aggravating in crimes against persons in cases
where the offended party is a relative of a higher degree
than the offender, or when the offender and the
offended party are relatives of the same level.
a. Serious physical injuries (Art. 263)
i. aggravating even if the offended party is a
descendant of the offender. But the serious
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physical injuries must not be inflicted by a parent
upon his child by excessive chastisement.
CRIMINAL LAW
Habitual Drunkard
He is one given to intoxication by excessive use of
intoxicating drinks
b. Less serious physical injuries or slight physical
injuries:
i. mitigating if the offended party is a relative of a
lower degree; and
ii. aggravating if the offended party is a relative of a
higher degree of the offender.
To be mitigating, the accused’s state of intoxication
must be proved. Once intoxication is established by
satisfactory evidence, in the absence of proof to the
contrary, it is presumed to be non-habitual or
unintentional.
c. Homicide or murder: relationship is aggravating
regardless of degree
d. Rape: aggravating where a stepfather raped his
stepdaughter or in a case where a father raped his
own daughter.
c. Instruction or Education
As an alternative circumstance, does not refer only to
literacy but more to the level of intelligence of the
accused. It refers to the lack of sufficient intelligence
and knowledge of the full significance of one’s acts
3. CRIMES AGAINST CHASTITY
a. Acts of lasciviousness (Art. 336) – relationship is
always aggravating, regardless of whether the
offender is a relative of a higher or lower degree of
the offended party.
When the qualification given to the crime is derived
from the relationship between the offender and the
offended party, it is neither mitigating nor
aggravating, because it is inseparable from and
inherent in the offense (e.g. parricide, adultery and
concubinage).
b. Intoxication; When intoxication mitigating and
when aggravating:
Mitigating
Aggravating
If intoxication is not If
intoxication
is
habitual
habitual, or
If intoxication is not If it is intentional
subsequent to the plan (subsequent to the plan
to commit a felony
to commit a felony) drinks fully, knowing its
effects, to find a
stimulant to commit a
crime or a means to
suffocate any remorse
To be entitled to the mitigating circumstance of
intoxication, it must be shown:
a. That at the time of the commission of the criminal
act, the accused has taken such quantity of
alcoholic drinks as to blur his reason and deprive
him of a certain degree of control; and
b. That such intoxication is not habitual, or
subsequent to the plan to commit the felony.
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Low degree of instruction and education or lack of it is
generally mitigating. High degree of instruction and
education is aggravating, when the offender took
advantage of his learning in committing the crime.
General Rule: Lack of sufficient education is
mitigating.
Exceptions: (PCTMR)
Crimes against property;(e.g. arson, estafa, theft,
robbery)
i. Crimes against chastity;
ii. Treason – because love of country should be a
natural feeling of every citizen, however unlettered
or uncultured he may be;
iii. Murder; and
iv. Rape (Malesa v. Director of Prisons, 59 Phil. 406,
408).
TITLE TWO: PERSONS CRIMINALLY
LIABLE FOR FELONIES
ARTICLE 16
WHO ARE CRIMINALLY LIABLE
For grave and less grave felonies:
1. Principals
2. Accomplices
3. Accessories
For light felonies:
1. Principals
2. Accomplices
Punishable ONLY WHEN consummated but in crimes
against persons or property, light felonies are punishable
in attempted and frustrated stage but only principal and
accomplice are liable.
CRIMINAL LAW
BOOK ONE
Accessories are NOT liable for light felonies.
Reason: In the commission of light felonies, the social
wrong as well as the individual prejudice is so small that
penal sanction is deemed not necessary for accessories.
The classification of the offenders as principal,
accomplice, or an accessory is essential under the RPC.
The classification may be applied to special laws only if
the latter provides for the same graduated penalties as
those provided under the RPC.
Two parties in all crimes:
1. Active subject (the criminal)
Art. 16 enumerates the active subjects of the crime.
Only natural persons can be the active subject of crime
because of the highly personal nature of the criminal
responsibility.
Reasons:
a. Under the RPC, persons act with personal malice or
negligence, artificial persons cannot act with malice
or negligence.
b. A juridical person like a corporation cannot commit a
crime that requires willful purpose or malicious
intent.
c. There is substitution of deprivation of liberty for
pecuniary penalties in insolvency cases.
d. Other penalties like destierro and imprisonment are
executed on individuals only.
2. Passive subject (the injured party)
The holder of the injured right: the man, the juristic
person, the group, and the State
Corporation and partnership can be a passive subject of
a crime.
General rule:Corpses and animals cannot be passive
subjects because they have no rights that may be
injured.
Exception: Under Art. 253, the crime of defamation
may be committed if the imputation tends to blacken the
memory of one who is dead.
Art. 16 applies only when the offenders are to be judged
by their individual, and not collective, liability.
Principal by
Direct
Participation
Those who take a
direct part in the
execution of the
act.
ARTICLE 17
PRINCIPALS
Principal by
Induction
Principal by
Indispensable
Cooperation
Those
who Those
who
directly force or cooperate in the
induce others to commission of the
commit it.
offense by another
act without which it
would not have
been
accomplished.
Par. 1.Principals by direct participation
Requisites:
1. That they participated in the criminal resolution; and
2. That they carried out their plan and personally took part
in its execution by acts which directly tended to the
same end.
When the second requisite is lacking, there is only
conspiracy.
In conspiracy by prior agreement, the principal by direct
participation who does not appear at the scene of the
crime is NOT liable because:
a. His non-appearance is deemed desistance which is
favored and encouraged.
b. Conspiracy is generally not a crime unless the law
specifically provides a penalty therefor. (Art 8) Thus,
by merely conspiring, the would-be participator has
not yet committed any crime unless he would appear
at the scene of the crime and perform any act
directly or indirectly in the accomplishment of the
conspiracy.
c. There is no basis for criminal liability because there is
no criminal participation.
Meaning of “personally took part in its execution”
That the principal by direct participation must be at the
scene of the commission of the crime, personally taking
part in its execution except when there is conspiracy and
the principal by direct participation has already performed
his part prior to the actual commission of the crime.
Par. 2.Principals by induction
Requisites:
1. That the inducement be made directly with the intention
of procuring the commission of the crime; and
2. That such inducement be the determining cause of the
commission of the crime by the material executor.
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BOOK ONE
One cannot be held guilty of having instigated the
commission of the crime without first being shown that the
crime was actually committed (or attempted) by another.
Thus, there can be NO principal by inducement (or by
indispensable cooperation) unless there is a principal by
direct participation. But there can be a principal by direct
participation without a principal by inducement (or by
indispensable cooperation).
The inducement must be the determining cause of the
commission of the crime by the principal by direct
participation that is without such inducement, the crime
would not have been committed.
The inducement must precede the act and must be so
influential, hence if there is a price or reward involved,
without prior promise, there can be no inducement.
If the crime committed is not contemplated in the order
given, inducement is not material and not the determining
cause thereof.
Two ways of becoming principal by induction:
1. By directly forcing another to commit a crime by:
a. Using irresistible force.
Irresistible Force
It is such physical force as would produce an effect
upon the individual that in spite of all resistance, it
reduces him to a mere instrument.
b. Causing uncontrollable fear.
Uncontrollable Fear
It is a compulsion by means of intimidation or threat
that promises an evil of such gravity and eminence
that the ordinary man would have succumbed to it
(U.S. vs. Elicanal, 35 Phil 209, 212, 213, 1916).
In these cases, there is no conspiracy, not even a
unity of criminal purpose and intention. Only the one
using the force or causing the fear is criminally liable.
The material executor is not criminally liable because
of Art. 12,pars. 5 and 6 (exempting circumstances).
2. By directly inducing another to commit a crime by :
a. Giving of price, or offering of reward or promise.
The one giving the price or offering the reward or
promise is a principal by inducement while the one
committing the crime in consideration thereof is a
principal by direct participation. There is collective
criminal responsibility.
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CRIMINAL LAW
b. Using words of command
The person who used the words of command is a
principal by inducement while the person who
committed the crime because of the words of
command is a principal by direct participation.
There is also collective criminal responsibility.
Requisites:
i. That the one uttering the words of command must
have the intention of procuring the commission of
the crime;
ii. That the one who made the command must have
an ascendancy or influence over the person who
acted;
iii. That the words used must be so direct, so
efficacious, so powerful as to amount to physical
or moral coercion;
iv. The words of command must be uttered prior to
the commission of the crime; and
v. The material executor of the crime has no
personal reason to commit the crime.
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.
If the person who actually committed the crime had
reason of his own to commit the crime, it cannot be said
that the inducement was influential in producing the
criminal act.
Offender who Made
Proposal to Commit a
Felony
In both
There is an inducement to commit a crime
When liable
Becomes
liable The mere proposal to
only when the commit a felony is
crime is committed punishable in treason or
by the principal by rebellion. However, the
direct participation. person to whom the
proposal is made should
not commit the crime,
otherwise, the proponent
becomes a principal by
inducement.
What kind of crime involved
Involves any crime The proposal to be
punishable must involve
only treason, rebellion,
insurrection or coup d’
etat. (TRIC)
Principal by
Inducement
CRIMINAL LAW
Effects of acquittal of principal by direct participation
upon liability of principal by inducement:
a. Conspiracy is negated by the acquittal of co-defendant.
b. One cannot be held guilty of having instigated the
commission of a crime without first being shown that
the crime has been actually committed by another.
But if the one charged as principal by direct participation is
acquitted because he acted without criminal intent or
malice, his acquittal is not a ground for the acquittal of the
principal by inducement.
Reason for the rule: In exempting circumstances, such
as when the act is not voluntary because of lack of intent
on the part of the accused, there is a crime committed,
only that the accused is not a criminal.
Par. 3. Principal by indispensable cooperation
Requisites:
1. Participation in the criminal resolution, that is, there is
either anterior conspiracy or unity of criminal purpose
and intention immediately before the commission of
the crime charged; and
a. Requires participation in the criminal resolution
b. There must be conspiracy
c. Concurrence is sufficient
d. Cooperation is indispensable
2. Cooperation in the commission of the offense by
performing another act, without which it would not
have been accomplished.
a. Cooperation must be indispensable
b. If dispensable, accused is only an accomplice
c. If cooperation is necessary in the execution of the
offense, accused is considered as a principal by
direct participation.
Meaning of “cooperation in the commission of the
offense”
To desire or wish in common a thing. But that common will
or purpose does not necessarily mean previous
understanding, for it can be explained or inferred from the
circumstances of each case.
Collective Criminal Responsibility
This is present when the offenders are criminally liable in
the same manner and to the same extent. The penalty to
be imposed must be the same for all.
Principals by direct participation have collective criminal
responsibility. Principals by induction, except those who
directly forced another to commit a crime, and principals
by direct participation have collective criminal
responsibility. Principals by indispensable cooperation
BOOK ONE
have collective criminal responsibilities with the principals
by direct participation.
Individual Criminal Responsibility
In the absence of any previous conspiracy, unity of
criminal purpose and intention immediately before the
commission of the crime, or community of criminal design,
the criminal responsibility arising from different acts
directed against one and the same person is individual
and not collective, and each of the participants is liable
only for the act committed by him.
ARTICLE 18
ACCOMPLICES
Accomplices
They are persons who, not acting as principals, cooperate
in the execution of the offense by previous and
simultaneous acts, which are not indispensable to the
commission of the crime.
They act as mere instruments who perform acts not
essential to the perpetration of the offense.
Requisites:
1. That there be community of design; that is, knowing the
criminal design of the principal by direct participation,
he concurs with the latter’s purpose;
Mere knowledge of the criminal resolution only and not
concurrence or participation.
2. That he cooperates in the execution of the offense by
previous or simultaneous acts, with the intention of
supplying material or moral aid in the execution of the
crime in an efficacious way; and
3. That there be a relation between the acts done by the
principal and those attributed to the person charged as
an accomplice.
Note:
An accomplice is also known as accessory before the fact.
The cooperation of an accomplice may be:
a. by previous act; and
b. by simultaneous acts.
His participation should only be necessary but not
indispensable.
Before there could be an accomplice, there must be a
principal by direct participation.
One can be an accomplice even if he did not know of the
actual specific crime intended to be committed by the
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principal, provided he was aware that the objective of the
acts he was tasked to do was illicit.
The person charged as an accomplice should not have
inflicted a mortal wound. If he inflicted a mortal wound, he
becomes a principal by direct participation.
In case of doubt, the participation of the offender will be
considered that of an accomplice rather than that of a
principal.
Quasi Collective Responsibility
It is one where some of the offenders in the crime are
principals and the others are accomplices
Accomplice
In both they know and
design.
They come to know
about it after the
principals have reached
the decision, and only
then do they agree to
cooperate
in
its
execution.
They
are
merely
instruments who perform
acts not essential to the
perpetration
of
the
offense.
Principal by
Indispensable
Cooperation
Cooperation must be
indispensable.
Participation in the
criminal resolution, that
is, there is either
anterior conspiracy or
unity
of
criminal
purpose and intention
immediately before the
commission of the
crime charged
Conspirator
agree with the criminal
They come to know
the criminal intention
because
they
themselves
have
decided upon such
course of action.
They are the authors
of a crime.
Accomplice
Cooperation
is
dispensable.
Cooperates in the
execution
of
the
offense by previous or
simultaneous acts, with
the
intention
of
supplying material or
moral aid in the
execution of the crime
in an efficacious way
ARTICLE 19
ACCESSORIES
Accessories
They are those who:
1. Having knowledge of the commission of the crime; and
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2. Without having participated therein either as principals
or accomplices, take part subsequent to its
commission in any of the following acts:
a. By profiting themselves or assisting the offender to
profit by the effects of the crime.
In profiting by the effects of the crime, the
accessory must receive the property from the
principal. He should not take it without the consent
of the principal. If he took it without the consent of
the principal, he is not an accessory but a principal
in the crime of theft.
Knowledge of the commission of the crime after
acquisition of stolen property is sufficient.
b. By concealing or destroying the body, effects or
instruments of the crime to prevent its discovery.
“Body of the crime” is equivalent to corpus delicti.
Requisites:
i. The fact that the crime was committed; and
ii. The participation of the offender in the
commission of the crime.
c. 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 contemplated in par. 3 of
Art. 19:
1. Public officers who harbor, conceal or assist in the
escape of the principal of any crime (not light felony)
with abuse of his public functions.
Requisites:
a. The accessory is a public officer;
b. He harbors, conceals, or assists in the escape of the
principal;
c. The public officer acts with abuse of his public
functions; and
d. The crime committed by the principal is any crime,
provided it is not a light felony.
2. Private persons who harbor, conceal or assist in the
escape of the author of the crime who is guilty of
treason, parricide, murder, or attempts against the life
of the President, or who is known to be habitually guilty
of some other crime.
CRIMINAL LAW
Requisites:
a. The accessory is a private person;
b. He harbors, conceals or assists in the escape of the
author of the crime; and
c. The crime committed by the principal is either:
(MAP-HaT)
i. Murder;
ii. An attempt against the life of the President;
iii. Parricide;
iv. That the principal is known to be habitually guilty
of some other crime; or
v. Treason.
Where the alleged principal is acquitted, it is neither
proper nor possible to convict the defendant as an
accessory. The responsibility of the accessory is
subordinate to that of the principal in a crime.
HOWEVER, conviction of an accessory is possible
notwithstanding the acquittal of the principal, if the crime
was in fact committed, but the principal was not held
liable, because of an exempting circumstance (Art. 12),
such as insanity or minority.
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 is shown, he can be
held criminally responsible and meted out the
corresponding penalty (Inovero vs. Coronel, CA, 65 O.G.
3160).
General rule: the prescribed acts of the accessory
under par. 2 must have been intended to prevent the
discovery of the crime; hence, mere silence is NOT
punishable.
Exceptions:
a. If, however, the crime involved is conspiracy to
commit treason, his silence may hold him liable for
misprision of treason (Art. 116) but as a principal
thereof.
b. Knowingly concealing the evil practices enumerated
in Art. 142 is also punishable as a principal in
Inciting to Sedition (Art. 142).
Where the accused misleads the authorities by giving
them false information, such act is equivalent to
concealment and he should be held as an accessory.
BOOK ONE
PRESIDENTIAL DECREE 1612
ANTI-FENCING LAW OF 1979
Fencing
It is an act, with intent to gain, of buying, selling, receiving,
possessing, keeping, or in any other manner dealing in
anything of value which a person knows or should have
known to be derived from the proceeds of the crime of
robbery or theft.
Fence
He is a person who commits the act of fencing. A fence
who receives stolen property as above-provided is not an
accessory but a principal in the crime defined in and
punished by the Anti-Fencing Law.
Mere possession of anything of value which has been the
subject of robbery or theft shall be prima facie evidence of
fencing.
PENALIZING OBSTRUCTION OF APPREHENSION
AND PROSECUTION OF CRIMINAL OFFENDERS
PRESIDENTIAL DECREE 1829
P.D. 1829 penalizes the act of any person who knowingly
or willfully obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation and
prosecution of criminal cases.
The acts enumerated under this decree are commonly
referred to as “OBSTRUCTION OF JUSTICE.” It
penalizes, inter alia, the act of harboring or concealing, or
facilitating the escape of any person he knows or has
reasonable ground to believe or suspect, has committed
anyoffense under existing penal laws in order to prevent
his arrest, prosecution and conviction. Here, he shall be
punished as a principal in the crime of obstruction of
justice.
Art. 19, RPC
The principal who was
assisted committed only
any of the enumerated
felonies
(MAPHaT)
unless the accessory is
a public officer who acts
with abuse of public
functions.
The crime committed by
the principal must be
under the RPC.
P.D. 1829
The person who was
assisted committed any
crime.
The crime committed by
the
principal
is
punishable under any
existing penal law,
including the RPC.
The person who gave The person who gave
assistance is punished assistance is punished
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as an accessory in the as a principal in the
offense committed by crime of obstruction of
the principal.
justice..
TITLE THREE: PENALTIES
Note: For further discussion on PD 1829, see section on
Special Penal Laws.
CHAPTER ONE: PENALTIES IN
GENERAL (ARTS. 21-24)
ARTICLE 20
ACCESSORIES WHO ARE
EXEMPT FROM CRIMINAL LIABLITY
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 –
1. Spouse, or
2. Ascendant, or
3. Descendant, or
4. Legitimate, natural or adopted brother, sister or relative
by affinity within the same degree.
Accessory is NOT exempt from criminal liability even
if the principal is related to him, if such accessory:
1. Profited by the effects of the crime, or
2. Assisted the offender to profit by the effects of the
crime.
Reason: Because such acts are prompted not by
affection but by a detestable greed
The public officer contemplated in par. 3 of Art. 19 is
exempt by reason of relationship to the principal, even if
such public officer acted with abuse of his official
functions.
Reason: Ties of blood or relationship constitutes a more
powerful incentive than the call of duty.
Note: The benefits of the exception in Art. 20 do not apply
to PD 1829.
Penalty
It is the suffering that is inflicted by the State for the
transgression of the law.
Different juridical conditions of penalty: (P2C3EL)
1. Must be productive of suffering, without however
affecting the integrity of the human personality
2. Must be personal – no one should be punished for the
crime of another
3. Must be commensurate with the offense – different
crimes must be punished with different penalties
4. Must be certain – no one may escape its effects
5. Must be correctional
6. Must be equal for all
7. Must be legal – it is the consequence of a judgment
according to law
Purpose of the state in punishing crimes: The State
has an existence of its own to maintain, a conscience to
assert, and moral principles to be vindicated. Penal justice
must therefore be exercised by the State in the service
and satisfaction of a duty, and rests primarily on the moral
rightfulness of the punishment inflicted.
The basis of the right to punish violations of penal law is
the police power of the State.
Three-fold purpose of penalty under RPC:
1. Retribution or expiation
2. Correction or reformation
3. Social Defense (Reyes, 2008, p. 585).
Constitutional restriction on penalties: The
Constitution directs that “excessive fines shall not be
imposed, nor cruel and unusual punishment inflicted (Sec.
19 [1], Art. 3).
ARTICLE 21
PENALTIES THAT MAY BE IMPOSED
A felony shall be punishable only by the penalty
prescribed by law AT THE TIME OF ITS COMMISSION.
Reason: 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.
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ARTICLE 22
RETROACTIVE EFFECT OF PENAL LAWS
The exception applies to a law dealing with prescription of
crime.
General rule: Penal laws are applied prospectively.
The retroactive effect of criminal statutes does not apply
to the culprit’s civil liability.
Exception: When retrospective application will be
favorable to the person guilty of a felony, provided that:
1. The offender is NOT a habitual criminal (delinquent)
under Art. 62(5);
2. The new or amendatory law does NOT provide against
its retrospective application.
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.
Habitual delinquent
He is a person who, within a period of ten years from the
date of his release or last conviction of the crimes of
falsification, robbery, estafa, theft, or serious or less
serious physical injuries (FRETSeL), is found guilty of any
said crimes a third time or oftener.
Ex post facto law
It is an act which when committed was not a crime, cannot
be made so by statute without violating the constitutional
inhibition as to ex post facto laws.
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;
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 a less or different testimony than the
law required at the time of the commission of the
offense;
5. Assumes to regulate civil rights and remedies only, in
effect imposing a penalty or deprivation of a right for
something 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.
If retroactive effect of a new law is justified, it shall apply
to the defendant even if he is:
a. Presently on trial for the offense;
b. Has already been sentenced but service of which has
not begun; or
c. Already serving sentence.
Reason: The rights of offended persons or innocent third
parties are not within the gift of arbitrary disposal of the
State.
No retroactive effect even when favorable to the
accused – if the new law is expressly made inapplicable
to pending actions or existing causes of action (Tavera v.
Valdez, 1 Phil. 468, 1902).
The provisions of Art. 22 are applicable even to special
laws which provide more favorable conditions to the
accused.
Criminal liability under the repealed law subsists:
1. When the provisions of the former law are reenacted; or
The right to punish offenses committed under an old
penal law is not extinguished if the offenses are still
punishable in the repealing penal law.
2. When the repeal is by implication; or
When a penal law, which impliedly repealed an old law,
is itself repealed, the repeal of the repealing law revives
the prior penal law, unless the language of the repealing
statute provides otherwise.
If the repeal is absolute, criminal liability is obliterated.
3. When there is a saving clause.
When the repeal is absolute, the offense ceases to be
criminal (People v. Tamayo, 61 Phil. 226, 1935).
Note: No retroactive effect of penal laws as regards
jurisdiction of court. The jurisdiction of the 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.
Jurisdiction of 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 v.
Romualdo, 87 Phil. 641, 642).
(See discussion of retroactive law under the Prospective
characteristic of criminal law)
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ARTICLE 23
EFFECT OF PARDON BY THE
OFFENDED PARTY
General rule: Pardon by the offended party does NOT
extinguish the criminal liability of the offender.
Reason: A crime committed is an offense against the
State. Only the Chief Executive can pardon the offenders.
Note: In criminal cases, the intervention of the aggrieved
parties is limited to being witnesses for the prosecution.
Compromise upon the civil liability arising from an
offense may be had; but such compromise shall not
extinguish the public action for the imposition of the legal
penalty (Art. 2034, Civil Code).
A contract stipulating for the renunciation of the right to
prosecute an offense or waiving the criminal liability is
VOID (Arts. 1306, 1352, 1409, Civil Code).
Exception: Pardon by the offended party will bar criminal
prosecution in the following crimes:
1. Adultery and Concubinage (Art. 344, RPC)
EXPRESS or IMPLIED pardon must be given by
offended party to BOTH offenders.
Pardon must be given PRIOR to institution of criminal
action.
2. Seduction, Abduction, Acts of Lasciviousness
(Art. 344, RPC)
EXPRESS pardon given by offended party or her
parents or grandparents or guardian
Note: People vs. Lacson ([CA] 55 OG 9460) held that
the pardon by the parents, standing alone, is
inefficacious. Too, the express pardon of a person
guilty of attempted abduction of a minor, granted by
the latter’s parents, is not sufficient to remove criminal
responsibility, but must be accompanied by the
express pardon of the girl herself.
Pardon must be given PRIOR to the institution of the
criminal action. However, marriage between the offender
and the offended party EVEN AFTER the institution of the
criminal action or conviction of the offender will extinguish
the criminal action or remit the penalty already imposed
against the offender, his co-principals, accomplices, and
accessories after the fact.
Note: Not applicable in rape, where there are two or more
principals involved and in case of multiple rape.
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3. Rape (as amended by R.A. 8353)
The subsequent valid marriage between the offender
and the offended party shall extinguish criminal liability
or the penalty imposed. In case the legal husband is
the offender, subsequent forgiveness by the wife as
offended party shall also produce the same effect.
Pardon by the offended party under Art. 344 is ONLY A
BAR to criminal prosecution; it is NOT a ground for
extinguishment of criminal liability.
CIVIL LIABILITY may be extinguished by the EXRESS
WAIVER of the offended party.
An offense causes 2 classes of injuries:
Social Injury
Personal Injury
Caused to the victim of
Produced by the the crime who suffered
disturbance and alarm damage either to his
which are the outcome person, to his property,
of the offense.
to his honor or to her
chastity.
Is sought to be
repaired through the Is repaired through
imposition of the indemnity.
corresponding penalty.
The State has an The State has no
interest in this class of reason to insist in its
injury.
payment.
The offended party
cannot pardon the The offended party
offender so as to may
waive
the
relieve him of the indemnity.
penalty.
The offended party
cannot pardon the The offended party
offender so as to may
waive
the
relieve him of the indemnity.
penalty.
ARTICLE 24
MEASURES OF PREVENTION OR SAFETY WHICH
ARE NOT CONSIDERED PENALTIES
The following are NOT 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 Art. 80 (now Art. 192, PD No. 603) and
for the purposes specified therein.
3. Suspension from the employment or public office during
the trial or in order to institute proceedings.
CRIMINAL LAW
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
law may establish in penal form.
Reasons why they are NOT penalties:
a. They are not imposed as a result of judicial
proceedings. Those mentioned in paragraphs 1, 3
and 4 are merely preventive measures before
conviction of offenders.
b. The offender is not subjected to or made to suffer these
measures in expiation of or as punishment for a
crime.
Par. 1 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.”
Paragraphs 3 and 4 refer to administrative suspension
and administrative fines and not to suspension or fine as
penalties for violations of the RPC.
The deprivations of rights established in penal form by the
civil laws is illustrated in the case of parents who are
deprived of their parental authority if found guilty of the
crime of corruption of their minor children, in accordance
with Art. 332 of the Civil Code.
Where a minor offender was committed to a reformatory
pursuant to Art. 80 (now, PD 603), and while thus
detained he commits a crime therein, he cannot be
considered a quasi-recidivist since his detention was only
a preventive measure, whereas quasi-recidivism
presupposes the commission of a crime during the service
of the penalty for a previous crime.
CHAPTER TWO: CLASSIFICATION OF
PENALTIES (ARTS. 25-26)
ARTICLE 25
PENALTIES WHICH MAY BE IMPOSED
The scale in Art. 25 is only a general classification of
penalties based on their severity, nature and subject
matter.
The scale of penalties in Art. 70 is provided for successive
service of sentences imposed on the same accused, in
consideration of their severity and natures.
BOOK ONE
The scales in Art. 71 are for the purpose of graduating the
penalties by degrees in accordance with the rules in Art.
61.
Classification of penalties under article 25:
A. Based on their severity or gravity
1. Capital,
2. Afflictive,
3. Correctional,
4. Light
This classification corresponds to the classification of
felonies in Art. 9, into grave, less grave and light.
B. Based on their nature
1. Principal penalties – those expressly imposed by the
court in the judgment of conviction. May be further
classified based on divisibility.
a. Divisible – are those that have fixed duration and
are divisible into three periods.
b. Indivisible – are those which have no fixed
duration. These are:
i. Death
ii. Reclusión perpetua
iii. Perpetual absolute or special disqualification
iv. Public censure
2. Accessory penalties – are those that are deemed
included in the principal penalties.
C. Based on subject matter
1. Corporal (death).
2. Deprivation of freedom (reclusion perpetua and
temporal, prision mayor and correcional, arresto
mayor and menor).
3. Restriction of freedom (destierro).
4. Deprivation of rights (disqualification and
suspension).
5. Pecuniary (fine).
Perpetual or temporary absolute disqualification, perpetual
or temporary special disqualification, and suspension may
be principal or accessory penalties.
Examples:
1. Perpetual absolute disqualification is a principal penalty
in prevaricacion (Art. 204) and perpetual special
disqualification, in malversation(Art. 217).
2. Temporary absolute disqualification is a principal
penalty when the accessory acts with abuse of public
functions (Art, 19[3] and Art. 58) and temporary special
disqualification, in direct bribery (Art. 206).
3. Suspension is a principal penalty in rendition of unjust
interlocutory orders (Art. 206).
Bond to keep the peace is imposed only in the crime of
threats (Art. 284), either grave (Art. 282) or light (Art. 283).
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RA No. 9346,
AN ACT PROHIBITING THE IMPOSITION OF DEATH
PENALTY IN THE PHILIPPINES
Sec. 2 of said law provides that In lieu of death penalty,
the following shall be imposed:
1. The penalty of reclusion perpetua, when the law
violated makes use of the nomenclature of the
penalties of the Revised Penal Code; or
2. The penalty of life imprisonment, when the law violated
does not make use of the nomenclature of the
penalties of the Revised Penal Code.
Section 3. Persons 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. 4103, otherwise known as
the Indeterminate Sentence Law, as amended.
ARTICLE 26
FINE – WHEN AFFLICTIVE,
CORRECTIONAL OR LIGHT
Fine is:
1. Afflictive – over P6,000.00
2. Correctional – P200.00 to P6,000.00
3. Light penalty – less than P200.00
Same basis may be applied by analogy to Bond to keep
the peace.
This article determines the classification of a fine whether
imposed as a single or as an alternative penalty for a
crime.
The rule herein does not apply where the fine involved is
in a compound penalty, that is, it is imposed in conjunction
with another penalty. In this case, the highest penalty
shall be made the basis for computing the period for the
prescription of crimes (Article 90).
Where the fine in question is exactly P200, under Art. 9 it
is a light felony, hence the felony involved is a light felony;
whereas under Art. 26, it is a correctional penalty, hence
the offense involved is a less grave felony. It has been
held that this discrepancy should be resolved liberally in
favor of the accused, hence Art. 9 prevails over Art. 26
(People vs. Yu Hai, 99 Phil. 725, 1956).
HOWEVER, according to Justice Regalado there is no
such discrepancy. What is really in issue is the
prescription of the offense vis-a-vis the prescription of the
penalty, the former being the forfeiture of the right of the
State to prosecute the offender and the latter being the
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loss of its power to enforce the judgment against the
convict.
Note: In determining the prescription of crimes, apply Art.
9 (P200 fine is light felony). In determining the prescription
of penalty, apply Art. 26 (P200 fine prescribes in 10
years).
CHAPTER THREE: DURATION AND
EFFECTS OF PENALTIES
(ARTS. 27 – 45)
SECTION ONE – DURATION OF PENALTIES
ARTICLE 27
DURATION OF EACH DIFFERENT PENALTIES
Afflictive
Reclusion Reclusion
Perpetua Temporal
Prision Mayor
andTemporary
Disqualification
20 yrs and 12 yrs and 6 yrs and 1 day to 12
1 day to 1 day to yrs.,
except
when
40 yrs
20 yrs
disqualification is an
accessory penalty, in
which case its duration is
that of the principal
penalty
Correctional
Prisión
Arresto
Arresto
correccional,
mayor
menor
suspensión,
and
destierro
6 mos. and 1 1 mo. And 1 day to
day to 6 yrs., 1 day to 6 30 days
except when mos.
suspensión is
an accessory
penalty,
in
which case its
duration
is
that of the
principal
penalty.
Bond to
keep the
peace
the period
during which
the
bond
shall
be
effective is
discretionary
on the court.
Nature of destierro
Destierro is a principal, correctional and divisible penalty.
In what cases is destierro imposed?
1. Serious physical injuries or death under exceptional
circumstances (Art. 247)
2. In case of failure to give bond for good behavior (Art.
284)
CRIMINAL LAW
3. As a penalty for the concubine in concubinage (Art.
334)
4. In cases where after reducing the penalty by one or
more degrees, destierro is the proper penalty.
ARTICLE 28
COMPUTATION OF PENALTIES
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.
Reason: Under Art. 24, the arrest and temporary
detention of the accused is not considered a penalty.
Applies in cases of temporary penalties and the
offender is under detention (under preventive
imprisonment)
2. When the offender is not in prison – the duration of
penalties 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.
This rule applies in cases of penalties consisting in
deprivation of liberty and the offender is not in prison.
3. The duration of other penalties – the duration is from
the day on which the offender commences to serve his
sentence. Applies in cases of:
a. Penalties consisting in deprivation of liberty and the
offender is undergoing preventive imprisonment; but
the offender is entitled to a deduction of full time or
4/5 of the time of his detention.
b. Temporary penalties and the offender is not under
detention – because the offender is released on bail.
ARTICLE 29
PERIOD OF PREVENTIVE IMPRISONMENT
DEDUCTED FROM TERM OF IMPRISONMENT
Preventive imprisonment
It is the period of detention undergone by an accused
where the crime with which he is charged is non-bailable
or, even if bailable, he is unable to post the requisite bail.
These rules on preventive imprisonment apply to all
sentences regardless of the duration thereof, including the
so-called perpetual penalties as long as they involve
deprivation of liberty. It applies to destierro.
BOOK ONE
When is the detention prisoner entitled to the full
credit of his preventive imprisonment?
If the detention prisoner agrees voluntarily in writing to
abide by the same disciplinary rules imposed upon
convicted prisoners.
When will he be credited only with four-fifths the time
during which he has undergone preventive
imprisonment?
If the detention prisoner does not agree to abide by the
same disciplinary rules imposed upon convicted prisoners.
In the case of a youthful offender who has been
proceeded against under the Child and Youth Welfare
Code, he shall be credited in the service of his sentence
with the full time of his actual detention, whether or not he
agreed to abide by the same disciplinary rules of the
institution.
The following offenders are NOT entitled to be
credited with the full time or four-fifths of the time of
preventive imprisonment:
1. Recidivists or those convicted previously twice or more
times of any crime.
2. Those who, upon being summoned for the execution of
their sentence, failed to surrender voluntarily.
Habitual delinquents are included in No. 1.
No. 2 refers to convicts who failed to voluntarily
surrender to serve their penalties under a final
judgment, since this is indicative of a greater defiance
of authority. It does NOT refer to failure or refusal to
voluntarily surrender after the commission of the crime.
The accused shall be released immediately whenever
he has undergone preventive imprisonment for a
period equal to or more than the possible maximum
imprisonment for the offense charged.
SECTION TWO – EFFECTS OF THE PENALTIES
ACCORDING TO THEIR RESPECTIVE NATURE.
ARTICLE 30
EFFECTS OF THE PENALTIES OF PERPETUAL OR
TEMPORARY
ABSOLUTE DISQUALIFICATION
1. Deprivation of the public offices and employments
which the offender may have held, even if conferred by
popular election.
2. Deprivation of the right to vote in any election for any
popular elective office or to be elected to such office.
3. Disqualification for the offices or public employments
and for the exercise of any of the rights mentioned.
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4. Loss of all rights to retirement pay or other pension for
any office formerly held.
Perpetual absolute disqualification
It is effective during the lifetime of the convict and even
after the service of the sentence.
Temporary absolute disqualification
It lasts during the term of the sentence, and is removed
after the service of the same.
Exceptions:
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.
A plebiscite is NOT mentioned or contemplated in Art. 30,
par. 2 (deprivation of the right to vote), hence, the
offender may vote in that exercise, subject to the
provisions of pertinent election laws at the time.
ARTICLE 31
EFFECTS OF THE PENALTIES OF PERPETUAL OR
TEMPORARY
SPECIAL DISQUALIFICATION
1. Deprivation of the office, employment, profession or
calling affected;
2. Disqualification for holding similar offices or
employments either perpetually or during the term of
the sentence, according to the extent of such
disqualification.
ARTICLE 32
EFFECTS OF THE PENALTIES OF PERPETUAL OR
TEMPORARY SPECIAL DISQUALIFICATION FOR THE
EXERCISE OF THE RIGHT OF SUFFRAGE
CRIMINAL LAW
ARTICLE 33
EFFECTS OF THE PENALTIES OF SUSPENSION
FROM ANY PUBLIC OFFICE, PROFESSION, OR
CALLING, OR THE RIGHT OF SUFFRAGE
1. Disqualification from holding such office or exercising
such right or calling or right of suffrage during the term
of the sentence;
2. If suspended from the public office, the offender cannot
hold another office having similar functions during the
period of suspension.
ARTICLE 34
CIVIL INTERDICTION
1. Deprivation of the rights of parental authority or
guardianship of any ward;
2. Deprivation of marital authority;
3. Deprivation of the right to manage his property and of
the right to dispose of such property by any act or any
conveyance inter vivos.
But he can dispose of such property by will or donation
mortis causa.
Civil interdiction is imposed when the penalty is:
1. Death which is not carried out,
2. Reclusión perpetua,or
3. Reclusión temporal
ARTICLE 35
EFFECTS OF BOND TO KEEP THE PEACE
1. Deprive the offender perpetually or during the term of
the sentence of:
a. The right to vote in any popular election for any
public office, or
b. To be elected to such office.
2. Not be permitted to hold any public office during the
period of disqualification.
1. The offender must present two sufficient sureties who
shall undertake that the offender will not commit the
offense sought to be prevented, and that in case such
offense be committed they will pay the amount
determined by the Court; or
2. The offender must deposit such amount with the Clerk
of Court to guarantee said undertaking; or
3. 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.
Disqualification is the withholding of a privilege, not a
denial of right – a restriction upon the right of suffrage or
to hold office.
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.
Purpose: To preserve the purity of elections; one
rendered infamous by conviction of felony or other base
offenses indicative of moral turpitude is unfit to exercise
such rights.
Imposed as a penalty in threats (Art. 284)
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ARTICLE 36
PARDON; ITS EFFECTS
Effects of pardon by the president:
1. A pardon shall not restore the right to hold public office
or the right of suffrage.
Exception: When any or both such rights is/are
expressly restored by the terms of the pardon.
2. It shall not exempt the culprit from the payment of the
civil liability.
Limitations upon the exercise of the pardoning power:
1. That the power can be exercised only after conviction
“by final judgment”;
2. That such power does not extend to cases of
impeachment;
3. No pardon, amnesty, parole or suspension of sentence
for violation of election laws, rules, and regulations
shall be granted by the President without the favorable
recommendation of the COMELEC.
General Rule: When the principal penalty is remitted by
pardon, only the effect of that principal penalty is
extinguished, but not the accessory penalties attached to
it.
Exception: When an absolute pardon is granted after the
term of imprisonment has expired, it removes what is left
of the consequences of conviction.
Pardon by the Chief
Pardon by the Offended
Executive (Art. 36)
Party (Art. 23)
As to the crime covered
Can extend to any crime, Applies only to crimes
unless otherwise provided against chastity under the
by or subject to conditions RPC and marital rape.
in the Constitution or the
laws.
As to the effect on civil liability
Cannot affect the civil The offended party can
liability ex delicto of the waive the civil liability.
offender.
As to extinguishment of criminal liability
Extinguishes
criminal Does NOT extinguish
liability.
criminal liability.
Although it may constitute
a bar to the prosecution of
the offender in seduction,
abduction and acts of
lasciviousness by the
valid marriage of the
victim and the offender,
and in adultery and
BOOK ONE
concubinage, by the
express or implied pardon
by the offended spouses.
When granted
Can be extended only Can be validly granted
after conviction by final only before the institution
judgment of the accused. of the criminal action.
To whom granted
To any or all of the In seduction, abduction
accused.
and
acts
of
lasciviousness, it benefits
the
co-principals,
accomplices
and
accessories.
In
adultery
and
concubinage,
must
include both offenders.
As to whether it can be conditional
May be absolute or Cannot validly be made
conditional.
subject to a condition.
ARTICLE 37
COSTS
Costs or costs of suit
These are the expenses of litigation allowed and
regulated by the Rules of Court to be assessed against or
to be recovered by a party in litigation.
The following are included in costs:
1. Fees, and
2. Indemnities, in the course of judicial proceedings.
Costs are chargeable to the accused only in cases of
conviction. In case of acquittal, the costs are de officio,
meaning each party bearing his own expenses.
No costs shall be allowed against the Republic of the
Philippines, unless otherwise provided by law.
The payment of costs is a matter that rests entirely upon
the discretion of courts.
ARTICLE 38
PECUNIARY LIABILITIES
What are the pecuniary liabilities of persons
criminally liable?
They are, in the following order: (RIFC)
1. Civil
a. The reparation of the damage caused
b. Indemnification of the consequential damages
2. Pecuniary
a. Fine
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b. Costs of proceedings.
When is Article 38 applicable?
In case the property of the offender should not be
sufficient for the payment of all his pecuniary liabilities.
ARTICLE 39
SUBSIDIARY PENALTY
Subsidiary penalty
It is a subsidiary personal liability to be suffered by the
convict who has no property with which to meet the fine,
at the rate of one day for each eight pesos (P8.00),
subject to the rules provided for in Art. 39.
Subsidiary penalty shall be proper only if the accused has
no property with which to pay the fine and not as a matter
of choice on his part by opting to go to jail instead of
paying.
Subsidiary penalty is NOT AN ACCESSORY PENALTY,
hence it must be specifically imposed by the court in its
judgment, otherwise the accused cannot be made to
serve the corresponding subsidiary imprisonment.
Rules as to subsidiary liability
Penalty Imposed
Subsidiary Penalty
1. Prisión correccional Subsidiary imprisonment is not
or arresto AND fine
to exceed 1/3 of the term of
the sentence, and in no case
to continue for more than one
year. Fraction or part of a day,
not counted.
2. Fine only
Subsidiary imprisonment:
a. not to exceed 6 months – if
the culprit is prosecuted for
grave or less grave felony, and
b. not to exceed 15 days – if
prosecuted for light felony.
3. Higher than prisión No subsidiary imprisonment.
correccional
4. If
the
penalty Subsidiary
penalty
shall
imposed is not to be consist
in
the
same
executed
by deprivations as those of the
confinement, but of principal penalty, under the
fixed duration.
same rules as nos. 1, 2 and 3
above.
In case the financial circumstances of the convict should
improve, he shall pay the fine, notwithstanding the fact
that the convict suffered subsidiary personal liability
therefor.
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When the penalty prescribed for the offense is
imprisonment, it is the penalty actually imposed by the
Court, not the penalty provided for by the Code, which
should be considered in determining whether or not
subsidiary penalty should be imposed.
No subsidiary penalty shall be imposed where:
1. The penalty imposed is higher than prisión correccional
or 6 years;
Additional penalty for habitual delinquency should be
included in determining whether or not subsidiary
penalty should be imposed.
2. For non-payment of reparation or indemnification;
3. For non-payment of cost;
4. Where the penalty imposed is a fine and another
penalty without fixed duration, like censure; and
5. The subsidiary penalty, though properly imposable is
not expressly stated in the judgment.
Note: The rules on subsidiary penalty in Art. 39 are
applicable to crimes punishable by special laws by force
of Art. 10 of the Code.
SECTION THREE – PENALTIES IN WHICH OTHER
ACCESSORY PENALTIES ARE INHERENT
ARTICLES 40 – 44
OUTLINE OF ACCESSORY PENALTIES INHERENT IN
PRINCIPAL PENALTIES
1. Death, when not executed by reason of commutation or
pardon
a. Perpetual absolute disqualification; and
b. Civil interdiction during 30 years, if not expressly
remitted in the pardon.
2. Reclusión perpetua and reclusión temporal
a. Civil interdiction for life or during the sentence; and
b. Perpetual absolute disqualification, unless expressly
remitted in the pardon of the principal penalty.
3. Prisión mayor
a. Temporary absolute disqualification; and
b. Perpetual special disqualification from suffrage,
unless expressly remitted in the pardon of the
principal penalty.
4. Prisión correccional
a. Suspension from public office, profession or calling;
and
b. Perpetual special disqualification from suffrage, if
the duration of imprisonment exceeds 18 months,
unless expressly remitted in the pardon of the
principal penalty.
There is perpetual special disqualification from
suffrage, only when the duration of the
imprisonment exceeds 18 months.
CRIMINAL LAW
5. Arresto – suspension of the right to hold office and the
right of suffrage during the term of the sentence.
Note: The Code does NOT provide for any accessory
penalty for destierro.
Reclusion Perpetua
Life Imprisonment
Has a specific duration Has no definite term.
of 20 years and 1 day
to 40 years.
Imposable on felonies Imposable on crimes
punished by the RPC. punishable by special
laws.
Carries
with
it Does not carry with it
accessory penalties.
accessory penalties.
ARTICLE 45
CONFISCATION AND FORFEITURE OF
THE PROCEEDS OF THE CRIME
Outline of the provisions 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. (There can be no
forfeiture when there is no criminal case filed.)
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.
BOOK ONE
CHAPTER FOUR: APPLICATION OF
PENALTIES (ARTS. 46-72)
SECTION ONE – RULES FOR APPLICATION OF
PENALTIES TO THE PERSONS CRIMINALLY LIABLE
AND FOR THE GRADUATION OF THE SAME
ARTICLE 46
PENALTY TO BE IMPOSED UPON PRINCIPALS IN
GENERAL
General rule: The penalty prescribed by law in general
terms shall be imposed upon the principals for a
consummated felony.
Exception: When the penalty to be imposed upon the
principal in frustrated or attempted felony is fixed by law.
Graduation of penalties:
1. By degrees – refers to:
a. stages of execution (consummated, frustrated, or
attempted); and
b. degree of the criminal participation of the offender
(whether as principal, accomplice or accessory).
2. By periods – refers to the proper period of the penalty
which should be imposed when aggravating or
mitigating circumstances attend the commission of the
crime
ARTICLE 47
CASES WHEREIN THE DEATH PENALTY SHALL NOT
BE IMPOSED
The confiscation and forfeiture of the proceeds and
instruments of a crime is an accessory penalty.
No longer of any force or effect because the substantive
provisions thereof being inconsistent with R.A 9346, while
the procedural measures is superseded by the present
revised Rules of Court.
Articles which are forfeited, when the order or forfeiture is
already final, cannot be returned even in case of an
acquittal.
ARTICLE 48
COMPLEX CRIMES
The provisions of Art. 45 CANNOT apply when:
1. The instruments belong to innocent third parties;
2. Such properties have not been placed under the
jurisdiction of the court because they must be
presented in evidence and identified in judgment; and
3. When it is legally or physically impossible.
This accessory penalty presupposes a judgment of
conviction. However, even if the accused is acquitted on
reasonable doubt, but the instruments or proceeds are
contraband, the judgment of acquittal shall order their
forfeiture for appropriate disposition.
Plurality of Crimes
It consists in the successive execution, by the same
individual, of different criminal acts, upon any of which no
conviction has yet been declared.
Kinds:
1. Real or material plurality – DIFFERENT crimes in law,
as well as in the conscience of the offender; the
offender shall be PUNISHED for each and every
offense that he committed.
2. Formal or ideal plurality – only ONE criminal liability.
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Three groups under the formal type:
a. When the offender commits any of the complex
crimes in Art. 48.
b. When the law specifically fixes a single penalty for
two or more offenses committed (Special Complex
Crimes).
c. When the offender commits continuous crimes.
I. Complex Crimes Under Article 48
A. Concept:
1. In complex crime, although 2 or more crimes are
actually committed, they constitute only one crime
in the eyes of the law as well as in the conscience
of the offender.
2. The offender has only one criminal intent, hence
there is only one penalty imposed for the
commission of a complex crime.
B. Two kinds of complex crimes:
1. Compound crime (delito compuesto) – a single
act constitutes 2 or more grave or less grave
felonies
Requisites:
a. That only a single act is performed by the
offender;
b. That the single act produces:
i. Two or more grave felonies, or
ii. One or more grave and one or more less grave
felonies, or
iii. Two or more less grave felonies.
Light felonies produced by the same act should
be treated and punished as separate offenses or
may be absorbed by the grave felony.
When the crime is committed by force of
violence, slight physical injuries are absorbed
such as in direct assault and rape. Reason: the
slight physical injuries are the necessary
consequence of the force or violence inherent in
the crimes of direct assault and rape.
Art. 48 speaks of two or more grave or less grave
felonies resulting from a single act, which
excludes crimes punishable by special laws.
2. Complex crime proper (delito complejo) – an
offense is a necessary means for committing the
other.
The first offense must be consummated.
Requisites:
a. That at least two offenses are committed;
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b. That one or some of the offenses must be
necessary to commit the other; and
c. That both or all of the offenses must be
punished under the same statute.
Note: Necessary means is NOT equivalent to
indispensable means.
C. No complex crime in the following cases:
1. In case of continuous crimes
2. When one offense is committed to conceal the
other;
3. When the other crime is an indispensable part or
an element of the other offenses;
4. Where one of the offenses is penalized by a
special law;
5. When the provision provides for a two-tiered
penalty, e.g. Usurpation of property (Art. 312),
malicious procurement of a search warrant (Art
129), bribery (Art 210 par 1), maltreatment of
prisoners (Art 235).
Notes:
Art. 48 is intended to favor the culprit.
Reason: the offender is deemed less perverse than when
he commits said crimes thru separate and distinct acts
(People vs. Hernandez, 99 Phil. 515, 542-543).
The penalty for complex crime is the penalty for the most
serious crime, the same to be applied in its maximum
period.
If different crimes resulting from one single act are
punished with the same penalty, the penalty for any one
of them shall be imposed, the same to be applied in the
maximum period.
When 2 felonies constituting a complex crime are
punishable by imprisonment and fine, respectively, only
the penalty of imprisonment should be imposed.
Reason: Fine is not included in the list of penalties in the
order of severity, and it is the last in the graduated scales
in Art. 71 of the RPC.
When a complex crime is charged and one offense is not
proven, the accused can be convicted of the other.
There is NO complex crime of Estafa Thru Falsification of
Private Document as both crimes require damage as an
element which if used for one renders the other
incomplete, hence the query is as to which crime was
committed first.
If at the outset, the accused took a woman away against
her will and with lewd designs on his part, and he
CRIMINAL LAW
thereafter raped her, this would clearly be the complex
crime of abduction with rape (People vs. Oso, 62 Phil.
271).
On the other hand, the rule has been that if he had no
lewd designs at the time of the forcible taking of the victim,
but the taking advantage later when the victim was in his
custody he raped her, he committed two separate crimes
of kidnapping, a crime against personal liberty, and rape,
then a crime against chastity (People vs. Quitain, 99 Phil.
226).
Subsequent acts of intercourse, after forcible abduction
with rape, are separate acts of rape for even while the first
act of rape was being performed, the crime of forcible
abduction was already comsummated, so that each of the
three succeeding rapes cannot be complexed with forcible
abduction (People vs. Jose, No. L-282232, Feb. 6, 1971).
There is no complex crime of rebellion with murder, arson,
robbery, or other common crimes.
Where the victim was kidnapped for the purpose of
extorting ransom under pain of death, and he was later
killed when no such ransom was paid, the complex crime
of kidnapping with murder was committed (Regalado,
2009, p.189).
Article 48 does not apply to acts penalized under Article
365 of the RPC. Article 48 Does not Apply to Acts
Penalized Under Article 365 of the Revised Penal
Code.
Article 48 is a procedural device allowing single
prosecution of multiple felonies falling under either of two
categories: (1) when a single act constitutes two or more
grave or less grave felonies (thus excluding from its
operation light felonies; and (2) when an offense is a
necessary means for committing the other. The legislature
crafted this procedural tool to benefit the accused who, in
lieu of serving multiple penalties, will only serve the
maximum of the penalty for the most serious crime.
In contrast, Article 365 is a substantive rule penalizing not
an act defined as a felony but “the mental attitude x xx
behind the act, the dangerous recklessness, lack of care
or foresight x xx,” a single mental attitude regardless of
the resulting consequences. Thus, Article 365 was crafted
as one quasi-crime resulting in one or more
consequences. Article 48 is incongruent to the notion of
quasi-crimes under Article 365. It is conceptually
impossible for a quasi-offense to stand for (1) a single act
constituting two or more grave or less grave felonies; or
(2) an offense which is a necessary means for committing
another.
BOOK ONE
Indeed, this is a constitutionally compelled choice. By
prohibiting the splitting of charges under Article 365,
irrespective of the number and severity of the resulting
acts, rampant occasions of constitutionally impermissible
second prosecutions are avoided, not to mention that
scarce state resources are conserved and diverted to
proper use.
Hence, we hold that prosecutions under Article 365 should
proceed from a single charge regardless of the number or
severity of the consequences. In imposing penalties, the
judge will do no more than apply the penalties under
Article 365 for each consequence alleged and proven. In
short, there shall be no splitting of charges under Article
365, and only one information shall be filed in the same
first level court.
This ruling secures for the accused facing an Article 365
charge a stronger and simpler protection of their
constitutional right under the Double Jeopardy Clause.
True, they are thereby denied the beneficent effect of the
favorable sentencing formula under Article 48, but any
disadvantage thus caused is more than compensated by
the certainty of non-prosecution for quasi-crime effects
qualifying as “light offenses” (or, as here, for the more
serious consequence prosecuted belatedly). it is so
minded, Congress can re-craft Article 365 by extending to
quasi-crimes the sentencing formula of Article 48 so that
only the most severe penalty shall be imposed under a
single prosecution of all resulting acts, whether penalized
as grave, less grave or light offenses. This will still keep
intact the distinct concept of quasi-offenses (Ivler v. San
Pedro and Ponce G.R. No. 172716, November 17, 2010).
Rules in Art. 48 are NOT applicable:
1. When the crimes subject of the case have common
elements;
2. When the crimes involved are subject to the rule of
absorption of one crime by the other;
3. Where the two offenses resulting from a single act are
specifically punished as a single crime, such as less
serious physical injuries with serious slander of deed,
since this is punished under Art. 265 par. 2, as the
single crime of less serious physical injuries with
ignominy;
4. In special complex crimes or composite crimes;
5. When the crimes involved cannot be legally complexed,
viz.:
a. Malicious obtention or abusive service of search
warrant (Art. 129) with perjury;
b. Bribery (Art. 210) with infidelity in the custody of
prisoners;
c. Maltreatment of prisoners (Art. 235) with serious
physical injuries;
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d. Usurpation of real rights (Art. 312) with serious
physical injuries; and
e. Abandonment of persons in danger (Art. 275) and
crimes against minors (Arts. 276 to 278) with any
other felony.
II. Special Complex Crimes – those which are treated as
single indivisible offenses although comprising more than
one specific crime and with specific penalty.
Examples:
1. Rape with homicide,
The homicide must always be consummated, otherwise,
separate offenses.
The rape may either be
consummated or attempted.
2. Kidnapping with homicide,
3. Kidnapping with rape,
Kidnapping with rape is different from abduction with
rape. In the latter, there is lewd design (People vs.
Jose, G.R. No. L-28232, Feb. 6, 1971).
4. Robbery with homicide,
Additional homicide NOT aggravating.
5. Robbery with rape,
Additional rape not aggravating.
NOTE: There is no complex crime of Arson with
(Multiple) Homicide. Accordingly, in cases where both
burning and death occur, in order to determine what
crime/crimes was/were perpetrated – whether arson,
murder or arson and homicide/murder, it is de rigueur to
ascertain the main objective of the malefactor:
a. if the main objective is the burning of the building or
edifice, but death results by reason or on the occasion
of arson, the crime is simply arson, and the resulting
homicide is absorbed;
b. if, on the other hand, the main objective is to kill a
particular person who may be in a building or edifice,
when fire is resorted to as the means to accomplish
such goal the crime committed is murder only; lastly,
c. if the objective is, likewise, to kill a particular person,
and in fact the offender has already done so, but fire is
resorted to as a means to cover up the killing, then
there are two separate and distinct crimes committed –
homicide/murder and arson (People of the Philippines
v. Edna Malngan G. R. No. 170470, September 26,
2006).
When the crimes involved cannot be legally
complexed, viz:
1.Malicious obtention or abusive service of search warrant
(Art. 129) with perjury;
2.Bribery (Art. 210) with infidelity in the custody of
prisoners;
3.Maltreatment of prisoners (Art. 235) with serious
physical injuries;
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4. Usurpation of real rights (Art. 312) with serious physical
injuries; and
5. Abandonment of persons in danger (Art. 275) and
crimes against minors (Arts. 276-278) with another
felony.
Ordinary Complex Crime
Special Complex
Crime or Composite
Crime
As to their Concept
It is made up of two or more
crimes being punished in
distinct provisions of the
Revised Penal Code but
alleged in one information
either because they were
brought about by a single
felonious act or because one
offense is a necessary means
for committing the other
offense or offenses.
It is made up of two or
more crimes which are
considered only as
components of a single
indivisible
offense
being punished in one
provision
of
the
Revised Penal Code.
As to Penalty
Penalty for the most serious It is the penalty
crime shall be imposed and in specifically provided for
the special complex
its maximum period.
crime that shall be
applied according to
the rules on imposition
of the penalty.
Note: One information should be filed when a complex
crime is committed.
III. Continuous crime – a single crime, consisting of a
series of acts, but all arising from ONE CRIMINAL
RESOLUTION; length of time in the commission is
immaterial.
Requisites:
1. Multiplicity of acts;
2. Unity of criminal purpose or intent; and
3. Unity of criminal offense violated.
Not a complex crime because the offender does not
perform a single act, but a series of acts, and one offense
is not a necessary means for committing the other.
In determining venue, a continued, continuous or
continuing crime is DIFFERENT from a transitory crime
(moving crime) – in the latter case, criminal action may be
instituted and tried in the court of the municipality, city or
province wherein any of the essential ingredients thereof
took place.
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Real or Material Plurality
Continued Crime
There is a series of acts There is a series of acts
performed by the offender. performed by the offender.
Each act performed by the
offender constitutes a
separate crime, each act is
generated by a criminal
impulse.
The different acts constitute
only one crime, all of the
acts performed arise from
one criminal resolution.
ARTICLE 49
PENALTY TO BE IMPOSED UPON THE PRINCIPALS
WHEN THE CRIME COMMITTED IS DIFFERENT FROM
THAT INTENDED
Rules:
1. If the penalty for 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.
2. If the penalty for 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.
Art. 49 applies ONLY when there is a mistake in the
identity of the victim of the crime, and the penalty for the
crime committed is different from that for the crime
intended to be committed. Also, it is applicable only when
the intended crime and the crime actually committed are
punished with different penalties.
Article 49
Article 48
Lesser penalty is imposed, Penalty for the more or
to be applied in maximum most serious crime shall be
periods.
imposed, to be applied in
its maximum period.
Note: For Articles 50-57 and 60, refer to Art. 61 herein
provided.
ARTICLE 58
ADDITIONAL PENALTY TO BE IMPOSED UPON
CERTAIN ACCESSORIES
Public officers who help the author of the crime by
misusing their office and duties shall suffer the additional
penalties of:
1. Absolute perpetual disqualification, if the principal
offender is guilty of a grave felony;
2. Absolute temporary disqualification if the principal
offender is guilty of less grave felony.
BOOK ONE
This article applies only to public officers who abused their
public functions.
ARTICLE 59
PENALTY TO BE IMPOSED IN CASE OF FAILURE TO
COMMIT THE CRIME BECAUSE THE MEANS
EMPLOYED OR THE AIMS SOUGHT ARE IMPOSSIBLE
Impossible Crime
The penalty for impossible crime is arresto mayor
(imprisonment of 1 month and 1 day to 6 months) or fine
ranging from 200-500pesos.
Basis for the imposition of proper penalty:
1. Social danger; and
2. Degree of criminality shown by the offender
ARTICLE 61
RULES OF GRADUATING PENALTIES
According to Arts. 50-57, the penalty prescribed by law for
the felony shall be lowered by one or two degrees, as
follows:
1. For the principal in frustrated felony – one degree
lower;
2. For the principal in attempted felony – two degrees
lower;
3. For the accomplice in consummated felony – one
degree lower;
4. For the accessory in consummated felony – two
degrees lower;
Diagram of the application of Arts. 50- 57:
FrusConsummated
Trated
Principal
Accomplice
Accessory
0
1
2
1
2
3
Attempted
2
3
4
In this diagram, “0” represents the penalty prescribed by
law in defining a crime, which is to be imposed on the
principal in a consummated offense, in accordance with the
provisions of Art. 46. The other figures represent the
degrees to which the penalty must be lowered, to meet the
different situations anticipated by law.
Bases for the determination of the extent of penalty to
be imposed under the RPC:
1. Stage reached by the crime in its development (either
attempted, frustrated or consummated)
2. Participations therein of the persons liable
3. Aggravating or mitigating circumstances which attended
the commission of the crime.
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Degree
It is one entire penalty, one whole penalty or one unit of
the penalties enumerated in the graduated scales
provided for in Art. 71.
When there is mitigating or aggravating circumstance, the
penalty is lowered or increased by period only;
Exception: When the penalty is divisible and there are
two or more mitigating and without aggravating
circumstances, in which case the penalty is lowered by
degree.
Period
It is one of the three equal portions, called minimum,
medium and maximum, of a divisible penalty.
Exceptions to the rules established in Arts. 50 to 57
(Article 60):
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)
General Rule: An accomplice is punished by a penalty
one degree lower than the penalty imposed upon the
principal.
Exceptions:
The following accomplices are punished with the same
penalty imposed upon the principal:
1. The ascendants, guardians, curators, teachers and any
person who by abuse of authority or confidential
relationship, shall cooperate as accomplices in the
crimes of rape, acts of lasciviousness, seduction,
corruption of minors, white slave trade or abduction
(Art. 346); and
2. One who furnished the place for the perpetration of the
crime of slight illegal detention (Art. 268)
When penalty prescribed is single and indivisible – the
penalty next lower in degree shall be that immediately
following that indivisible penalty in the respective
graduated scale in Article 71;
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;
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;
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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.
Mitigating and aggravating circumstances are disregarded
in the application of the rules for graduating penalties.
SECTION TWO – RULES FOR THE APPLICATION OF
PENALTIES WITH REGARD TO THE MITIGATING AND
AGGRAVATING CIRCUMSTANCES, AND HABITUAL
DELINQUENCY
ARTICLE 62
EFFECTS OF THE ATTENDANCE OF MITIGATING OR
AGGRAVATING CIRCUMSTANCES AND OF
HABITUAL DELIQUENCY
Rules regarding aggravating and mitigating
circumstances:
1. Aggravating circumstances which (a) in themselves
constitute a crime especially punished by law or which
(b) are included by the law in defining a crime and
prescribing the penalty therefor are not to be taken into
account to increase the penalty.
Maximum penalty shall be imposed:
a. When in the commission of the crime, advantage
was taken by the offender of his public position;
b. If the offense was committed by any person who
belongs to an organized/syndicated crime group.
2. The preceding rule applies with respect to aggravating
circumstances which are inherent in the crime;
3. Aggravating or mitigating circumstances which arise
from:
a. The moral attributes of the offender, or
b. From his private relations from the offended party,
or
c. From any other personal cause,
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:
a. material execution of the act, or
b. the means employed to accomplish it,
shall serve to aggravate or mitigate the liability only of
those persons who had knowledge of them at the time
of the execution of the act or their cooperation therein.
5. Additional penalty for habitual delinquency:
a. Upon 3rd conviction – culprit shall be sentenced to the
penalty provided by law for the last crime of which he
is found guilty and to the additional penalty of prision
correccional in its medium and maximum periods.
b. Upon a 4th conviction – the culprit shall be sentenced
to the additional penalty of prision mayor in its
minimum and medium periods.
CRIMINAL LAW
c. Upon 5th or additional conviction – the culprit shall be
sentenced to the additional penalty of prision mayor
in its maximum period to reclusion temporal in its
minimum period.
Total of the two penalties shall NOT exceed 30 years.
Effects:
1. Aggravating circumstances (generic and specific) have
the effect of increasing the penalty, without however
exceeding the maximum period 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.
Requisites of habitual delinquency: (ConCom10)
1. That the offender had been convicted of any of the
crimes of (FRETSeL)
a. Falsification,
b. Robbery,
c. Estafa,
d. Theft or
e. Serious or less serious physical injuries.
2. That after conviction or after serving his sentence, he
again committed, and, within 10 years from his last
release of first conviction, he was again convicted of
any of the said crimes for the second time.
3. That after his conviction of, or after serving sentence for
the second offense, he again committed, and, within
10 years from his last release or last conviction, he
was again convicted of any of said offenses, the third
time or oftener.
Subsequent crime must be committed AFTER conviction
of former crime.
BOOK ONE
As to the PERIOD of time the crimes are
committed
The offender is found No period of time
guilty within ten years between the former
from his last release or conviction and the last
last conviction.
conviction.
As to the NUMBER of crimes committed
The accused must be The second offense is
found guilty the third for an offense found in
time or oftener of the the same title.
crimes specified.
As to their EFFECTS
An additional penalty If not offset by a
is also imposed.
mitigating
circumstance, it serves
to increase the penalty
only to the maximum
A convict can be a habitual delinquent without being a
recidivist when no two of the crimes committed are
embraced in the same title of the RPC.
The imposition of additional penalty for habitual
delinquency is constitutional because it is neither an ex
post facto law nor does its imposition constitute double
jeopardy since it is not imposed for the same offense but
for the moral depravity of the accused.
ARTICLE 63
RULES FOR THE APPLICATION OF INDIVISIBLE
PENALTIES
Imposable penalty
It is the penalty that will be imposed after applying the
RPC and ISL
In determining the court’s jurisdiction, additional penalty is
NOT considered.
Prescribed penalty
It is the penalty prescribed by the RPC after considering
the mitigating and aggravating circumstances
Habitual
Recidivism
Deliquency
As to the CRIMES committed
The
crimes
are It is sufficient that the
specified
accused on the date of
his trial, shall have
been
previously
convicted by final
judgment of another
crime embraced in the
same title.
Outline of the rules:
1. When the penalty is single indivisible, it shall be applied
regardless of any mitigating (except if privilege
mitigating) or aggravating circumstances.
2. When the penalty is composed of two indivisible
penalties, the following rules shall be observed:
a. When there is only one aggravating circumstance,
the greater penalty shall be imposed.
b. When there is neither mitigating nor aggravating
circumstances, the lesser penalty shall be imposed.
c. When there is a mitigating circumstance and no
aggravating circumstance, the lesser penalty shall
be imposed.
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d.When both mitigating and aggravating circumstances
are present, the court shall allow them to offset one
another.
3. When the penalty is composed of two indivisible
penalties, the penalty cannot be lowered by one
degree, no matter how many ordinary mitigating
circumstances are present.
Exception: When a privileged mitigating circumstance
under Art. 68 or Art. 69 is present.
ARTICLE 64
RULES FOR THE APPLICATION OF PENALTIES,
WHICH CONTAIN
THREE PERIODS
Outline of the rules:
1. No aggravating and no mitigating – medium period.
2. Only mitigating – minimum period.
3. Only aggravating – maximum period.
4. Where there are aggravating and mitigating – the court
shall offset those of one class against the other
according to their relative weight.
5. Two or more mitigating and no aggravating – penalty
next lower, in the period applicable, according to the
number and nature of such circumstances.
If there are three mitigating circumstances but two
aggravating circumstances, the rule is not applicable.
The effect is to fix the period at the minimum only.
6. No penalty greater than the maximum period of the
penalty prescribed by law shall be imposed, no matter
how many aggravating circumstances are present.
7. The court can determine the extent of the penalty within
the limits of each period, according to the number and
nature of the aggravating and mitigating circumstances
and the greater or lesser extent of the evil produced by
the crime.
Cases in which mitigating and aggravating
circumstances are NOT considered in the imposition
of penalty:
1. When the penalty is single and indivisible (except if
privileged mitigating)
2. In felonies through negligence
3. When the penalty is only a fine imposed by an
ordinance
4. When the penalties are prescribed by special laws.
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ARTICLE 65
RULES IN CASES OF PENALTY NOT COMPOSED OF
THREE PERIODS
The courts shall apply the rules in the preceding articles
by:
1. dividing into three (3) equal portions the time included
in the penalty prescribed, and
2. forming one period of each of the three portions.
ARTICLE 66
IMPOSITION OF FINES
Outline of the provision:
1. The court can fix any amount of the fine within the limits
established by law.
2. The court must consider:
a. the mitigating and aggravating circumstances; and
b. more particularly, the wealth or means of the culprit.
3. The court may also consider:
a. the gravity of the crime committed;
b. the heinousness of its perpetration; and
c. the magnitude of its effects on the offender’s victims
(People v. Manuel, CA-G.R. Nos. 14648-61-R,July 6,
1957).
Note:
When the minimum of the fine is not fixed by law, the
determination of the amount of fine is left to the sound
discretion of the court, provided it shall not exceed the
maximum authorized by law.
Wealth or means of culprit is the main consideration in the
imposition of fines.
ARTICLE 67
WHEN NOT ALL REQUISITES OF
ACCIDENT ARE PRESENT
If not all the conditions necessary to exempt from liability
under Art. 12 (4) are present, the act should be
considered as:
1. Reckless imprudence, if the act is executed without
taking those precautions or measures which the most
common prudence would require; and
2. Simple imprudence, if it is a mere lack of precaution in
those cases where either the threatened harm is not
imminent or the danger is not openly visible.
CRIMINAL LAW
ARTICLE 68
PENALTY TO BE IMPOSED UPON A
PERSON UNDER 18 YEARS OF AGE
Application of Art. 68:
1. This article is NOT immediately applicable to a minor
under 18 years of age, because when such minor is
found guilty of the offense charged, the court shall
determine the penalty in the judgment of conviction but
shall suspend the promulgation (not the execution) and
orders commitment to a reformatory institution, if the
court therefor approves his application.
Upon the recommendation of the social worker who
has custody of the child, the court shall dismiss the
case against the child and shall order the final
discharge of the child if it finds that the objective of the
disposition measures have been fulfilled.
2. This article has been repealed or amended in the sense
that the accused in par. 1 thereof is completely
absolved from criminal liability under RA 9344, hence
there is no basis for considering any privileged
mitigating circumstance in his favor.
3. That circumstance may, however, be involved in its par.
2 where the accused is over 15 and below 18 years of
age but he acted with discernment, and he is returned
to the other correlative proceedings, if any, have not
achieved their purposes and, in effect, the accused
has been found to be incorrigible (Regalado).
If the court finds that the objective of the disposition
measures imposed upon the child in conflict with the
law have not been fulfilled, or if the child in conflict with
the law has willfully failed to comply with the conditions
of his/her disposition or rehabilitation program, the
child in conflict with the law shall be brought before the
court for promulgation (not execution) of judgment.
If said child in conflict with the law has reached
eighteen (18) years of age while under suspended
sentence, the court shall determine whether to
discharge the child, to order execution of sentence, or
to extend the suspended sentence for a certain
specified period or until the child reaches the
maximum age of twenty-one (21) years (RA 9344)
ARTICLE 69
PENALTY TO BE IMPOSED WHEN THE CRIME
COMMITTED IS NOT WHOLLY EXCUSABLE
Penalty: Lower by one or two degrees than that
prescribed by law
BOOK ONE
Application: When there is lack of some of the
conditions required to justify the deed or to exempt from
criminal liability in the several cases mentioned in Arts. 11
and 12; PROVIDED THAT, the majority of such conditions
be present.
Unlawful aggression is indispensable in self-defense,
defense of relatives and defense of stranger, without
which, the offender is not entitled to reduction.
ARTICLE 70
SUCCESSIVE SERVICE OF SENTENCE
When the culprit has to serve two or more penalties, he
shall serve them simultaneously if the nature of the
penalties will so permit.
Otherwise, the order of their severity (under this article)
shall be followed – so that they may be executed
successively
Penalties which may be simultaneously served are:
1. Perpetual absolute disqualification
2. Perpetual special disqualification
3. Temporary absolute disqualification
4. Temporary special disqualification
5. Suspension
6. Destierro
7. Public censure
8. Fine and bond to keep the peace
9. Civil interdiction
10. Confiscation and payment of costs
If the sum total of all the penalties does NOT exceed the
most severe of all the penalties multiplied by three, the
three-fold rule does NOT apply.
The Three-Fold Rule: (3:4:40)
1. The maximum duration of the convict’s sentence shall
NOT be more than three times the length of time
corresponding to the most severe of the penalties
imposed upon him.
2. But in no case to exceed 40 years.
3. This rule shall apply only when the convict is to serve 4
or more sentences successively.
4. Subsidiary penalty forms part of the penalty.
Different systems of penalty, relative to the execution
of two or more penalties imposed on one and the
same accused:
1. Material accumulation system
No limitation whatever, and accordingly, all the
penalties for all the violations were imposed even if they
reached beyond the natural span of human life.
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2. Juridical accumulation system
Limited to not more than three-fold the length of time
corresponding to the most severe and in no case to
exceed 40 years. This is followed in our jurisdiction.
3. Absorption system
The lesser penalties are absorbed by the graver
penalties.
ARTICLE 71
GRADUATED SCALES
Apply this article in determining the proper degree where
the law prescribes a penalty lower or higher by two or
more degrees than another given penalty.
Scale No. 1
1. Death
2. Reclusion perpetua
3. Reclusion temporal
4. Prision mayor
5. Prisioncorreccional
6. Arresto mayor
7. Destierro
8. Arrestomenor
9. Public censure
10. Fine
Scale No. 2
1. Perpetual absolute
disqualification
2. Temporary absolute
disqualification
3. Suspension
from
public office, the right
to vote and be voted
for, and the right to
follow a profession or
calling
4. Public censure
5. Fine
ARTICLE 72
PREFERENCE IN THE PAYMENT
OF CIVIL LIABILITIES
Civil liability is satisfied by following the chronological
order of the dates of the final judgment.
SECTION THREE – PROVISIONS COMMON IN THE
LAST TWO PRECEDING SECTIONS (ARTS. 73-77)
Art. 73 – Accessory penalties are also deemed imposed
upon the convict.
Art. 74 – The penalty higher than reclusion perpetua,
when death is not provided by law, shall be the same
penalty and the accessory penalties of Article 40
Reason: penalty of death must be specifically imposed by
law as a penalty for a given crime.
Art. 75 – When necessary, fine shall be increased or
reduced for each degree, by ¼ of the maximum amount
prescribed by law, without however, changing the
minimum.
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Fines are graduated into degrees for the accomplices and
accessories and for the principals in frustrated and
attempted felonies.
Distinctions between fine with a minimum and fine
without a minimum.
1. In both, the law fixes the maximum of the fine.
2. When the law fixes the minimum of the fine, the court
cannot change the minimum; whereas, when the law
does not state the minimum of the fine but only the
maximum, the court can impose any amount not
exceeding such maximum.
3. When the law fixes both the minimum and the
maximum, the court can impose an amount higher
than the maximum; whereas, when only the maximum
is fixed, it cannot impose an amount higher than the
maximum.
Art.76 – The legal period of duration of penalties shall be
considered as divided into three parts, forming three
periods, the minimum, the medium, and the maximum.
ARTICLE 77
WHEN THE PENALTY IS A COMPLEX ONE
COMPOSED OF THREE DISTINCT PENALTIES
Complex Penalty
It is a penalty prescribed by law composed of three
distinct penalties, each forming a period: the lightest of
them shall be the minimum, the next the medium, and the
most severe the maximum period.
An example of this is the present penalty for treason by a
resident alien, which is reclusion temporal to death (Article
114). With the abolition of the death penalty, such concept
of a complex penalty finds no application now in the
computation of penalties, but it is submitted that the
impasse may be resolved through the process of
computation stated in the second paragraph (Regalado).
INDETERMINATE SENTENCE LAW (ISL)
Act No. 4103 as amended
byAct No. 4225
Concept of Indeterminate Sentence
It is a sentence with a minimum term and a maximum
term which, the court is mandated to impose for the
benefit of a guilty person who is not disqualified therefore,
when the maximum imprisonment exceeds one (1) year. It
applies to both violations of Revised Penal Code and
special laws.
Purpose of ISL: To uplift and redeem valuable human
material and prevent unnecessary and excessive
deprivation of personal liberty and economic usefulness
CRIMINAL LAW
(People vs Ducosin, 59 Phil 109; People vs Onate, 78
SCRA 43) (Gregorio).
A. Sentence in the ISL
Sentence in the ISL
If the penalty is imposed If the penalty is imposed
by the RPC
by Special Penal Laws
Maximum Term
That which could be Must not exceed the
properly imposed under maximum term fixed by
the RPC, considering said law.
the aggravating and
mitigating
circumstances.
Minimum Term
Within the range of the Must not be less than
penalty one degree the minimum term
lower
than
that prescribed by the same.
prescribed by the RPC,
without considering the Note:For special laws, it
circumstances
is anything within the
inclusive range of the
Note:BUT when there is prescribed
penalty.
a privileged mitigating Courts
are
given
circumstance, so that discretion
in
the
the penalty has to be imposition
of
the
lowered by one degree, indeterminate penalty.
the STARTING POINT The aggravating and
for determining the mitigating
minimum term of the circumstances are not
indeterminate penalty is considered unless the
the penalty next lower special law adopts the
than that prescribed by same terminology for
the Code for the penalties as those used
offense.
in the RPC (such as
reclusiónperpetua and
the like).
In imposing a prison sentence for an offense punished by
the Revised Penal Code or special penal laws, the court
shall sentence the accused to an indeterminate sentence,
which has a maximum and a minimum term based on the
penalty ACTUALLY IMPOSED.
ISL application is mandatory, where imprisonment would
exceed one year.
BUT only when ISL would be favorable to the accused; if it
would result in lengthening his prison sentence, ISL
should NOT be applied.
Note: The modifying circumstances are considered only in
the imposition of the maximum term of the indeterminate
sentence (They are not considered in fixing the minimum).
BOOK ONE
B. When benefit of the ISL is NOT applicable:
The Indeterminate Sentence Law shall not apply to the
following persons: 1D2P2 THEM
1. Maximum term of imprisonment actually imposed
does not exceed 1 year
2. Sentenced to the penalty of destierro or suspension
only
3. sentenced to death penalty, reclusion perpertua, or
life imprisonment
4. Convicted of piracy
5. Granted with conditional pardon by the president,
but violated the terms thereof
6. Convicted of treason, or conspiracy or proposal to
commit treason
7. Habitual delinquent
8. Escaped from confinement as a prisoner, or evaded
sentence
9. Convicted misprision of treason, espionage
rebellion, or sedition (MERS)
BUT a recidivist for the first time may be given the benefits
of the ISL.
C. Release of the Prisoner on Parole
The Board of Pardons and Parole may authorize the
release of a prisoner on parole, after he shall have
served the minimum penalty imposed on him,
PROVIDED that:
1. Such prisoner is fitted by his training for release,
2. There is reasonable probability that he will live and
remain at liberty without violating the law,
3. Such release will not be incompatible with the
welfare of society.
D. Entitlement to Final Release and Discharge
If during the period of surveillance such paroled
prisoner shall:
1. Show himself to be a law-abiding citizen and,
2. Shall not violate any law,
The Board may issue a final certification in his favor,
for his final release and discharge.
E. Sanction for Violation of Conditions of the Parole
When the paroled prisoner shall violate any of the
conditions of his parole:
1. The Board may issue an order for his arrest, and
thereafter,
2. The prisoner shall serve the remaining unexpired
portion of the maximum sentence for which he was
originally committed to prison.
F. Reasons for Fixing the Maximum and Minimum
Terms in the Indeterminate Sentence
The minimum and maximum terms in the ISL must be
fixed, because they are the basis for the following:
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1. Whenever a prisoner has: (a) served the MINIMUM
penalty imposed on him, and (b) is fit for release of
the prisoner on parole, upon terms and conditions
prescribed by the Board.
2. But when the paroled prisoner violates any of the
conditions of his parole during the period of
surveillance, he may be rearrested to serve the
remaining unexpired portion of the MAXIMUM
sentence.
3. Even if a prisoner has already served the MINIMUM,
but he is not fitted for release on the parole, he
shall continue to serve until the end of the
MAXIMUM term.
In fixing the minimum penalty, it is necessary for the court
to consider the criminal, first, as an individual and,
second, as a member of society.
G. Illustrations of Application of Indeterminate
Sentence Law
1. Under the Revised Penal Code:
A penalty of reclusion temporal was imposed upon
A for committing homicide.
a. There is no mitigating or aggravating
circumstance
i. Maximum Term – reclusion temporal which
should be imposed in the
medium
period (Art 64 par. 1)
ii. Minimum Term – anywhere within the range
of prision mayor, the penalty next lower from
reclusion temporal.
b. There is one ordinary mitigating
circumstance
i. Maximum term – reclusion temporal, in its
minimum period, after considering the
mitigating circumstance.
ii. Minimum term – anywhere within the range
of prision mayor without reference to any of
its period.
c. There is one aggravating circumstance
i. Maximum Term – reclusion temporal, in its
maximum period, after considering the
aggravating circumstance
ii. Minimum Term – anywhere within the range
of prision mayor without reference to any of
its period
2. Under Special Law:
A is convicted of illegal possession of firearms
punishable by 1 year and 1 day to 5 years of
imprisonment
a. Maximum Term – shall not exceed 5 years as
fixed by law
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b. Minimum Term – shall not be less than the
minimum of 1 year and 1 day prescribed by
said law.
PROBATION LAW OF 1976
(PD 968, as amended)
A. Concept
Probation
It 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.
Probation is NOT an absolute right. It is a mere
privilege whose grant rests upon the discretion of the
trial court. Its grant is subject to certain terms and
conditions that may be imposed by the trial court.
Having the power to grant the probation, it follows that
the trial court also has the power to order its revocation
in a proper case and under proper circumstances.
B. Three- Fold Purpose
1. To promote the correction and rehabilitation of an
offender by providing him with individualized
treatment;
2. To provide an opportunity for the reformation of a
penitent offender which might be less probable if he
were to serve a prison sentence; and
3. To prevent the commission of offenses.
C. Application
This shall apply to all offenders except those entitled to
benefits under PD 603 and similar laws.
May be granted even if the sentence is fine only, but
with subsidiary imprisonment in case of insolvency.
D. Where and When to File the Application:
An APPLICATION for probation shall be filed by the
defendant with the trial court within the period for
perfecting an appeal.
Note: NO application for probation shall be
entertained or granted if the defendant has
PERFECTED AN APPEAL from the judgment of
conviction.
E. Effects of Filing and Grant/Denial of Application
a. FILING of application for probation operates as a
waiver of the right to appeal.
b. The order granting or denying probation shall not be
appealable.
c. Accessory penalties are deemed suspended once
probation is granted.
CRIMINAL LAW
d. Civil liability is not affected by the suspension of the
sentence imposed on the accused who is granted
probation; court must hear the civil aspect.
The court may, after it shall have convicted and
sentenced a child in conflict with the law, and upon
application at any time, place the child on probation in
lieu of his/her sentence, taking into account the best
interest of the child. For this purpose, Section 4 of
presidential Decree No. 968, otherwise known as the
“Probation Law of 1976” is hereby amended
accordingly (Sec. 42, RA 9344, Juvenile Delinquency
Law).
F. Post-sentence Investigation
The convict is not immediately placed on probation.
There shall be a prior investigation by the probation
officer and a determination by the court. He may,
however, be released under his bail filed in the criminal
case or on recognizance.
G. Criteria for Placing an Offender on Probation
The court shall consider:
1. All information relative to the character,
antecedents, environment, mental, and physical
condition of the offender.
2. Available institutional and community resources.
H. Probation shall be denied if the court finds that:
1. The offender is in need of correctional treatment that
can be provided effectively by his commitment to
an institution.
2. There is undue risk of committing another crime.
3. Probation will depreciate the seriousness of the
offense committed.
I. Disqualified Offenders
The benefits of the Decree shall NOT be extended to
those:
1. Sentenced to serve a maximum term of imprisonment
of more the 6 years.
2. Convicted of subversion or any crime against the
national security or public order.
3. Previously convicted by final judgment of an offense
punished by imprisonment of not less than 1 month
and 1 day and/or a fine not less than P200.
4. Once placed on probation.
5. Who appealed.
6. Convicted of drug trafficking or drug pushing
7. Convicted of election offenses under the Omnibus
Election Code.
Note: #5 does not apply to minor offenders. A child in
conflict with law can apply probation ANYTIME.
BOOK ONE
J. Conditions of Probation
Two kinds of conditions imposed:
1. Mandatory or general – once violated, the probation
is cancelled. They are:
a. Probationer: Presents himself to the probation
officer designated to undertake his supervision,
at such place as may be specified in the order,
within 72 hours from receipt of order;
b. He reports to the probation officer at least once a
month.
2. Discretionary or special – additional conditions listed,
which the courts may additionally impose on the
probationer towards his correction and rehabilitation
outside prison. HOWEVER, the enumeration is not
inclusive. Probation statutes are liberal in character
and enable the courts to designate practically ANY
term it chooses, as long as the probationer’s
Constitutional rights are not jeopardized. Also, they
must not be unduly restrictive of probationer, and not
incompatible with the freedom of conscience of
probationer.
K. Period of Probation
For how long may a convict be placed on
probation?
1. If the convict is sentenced to a term of imprisonment
of NOT more than one year, the period of probation
shall not exceed 2 years.
2. In all other cases, if he is sentenced to more than
one year, said period shall not exceed 6 years.
3. When the sentence imposes a fine only and the
offender is made to serve subsidiary imprisonment.
The period of probation shall be twice the total
number of days of subsidiary imprisonment.
L. Arrest of Persons on Probation and Subsequent
Dispositions
1. At any time during probation, the court may issue a
warrant for the ARREST of a probationer for any
serious violation of the conditions of probation, or
upon commission of another offense.
2. If violation is established, the court may (a)
REVOKE his probation, or (b) continue his
probation and MODIFY the conditions thereof. This
order is not appealable.
3. If revoked, the probationer shall SERVE the
sentence originally imposed.
M. Termination of Probation
The court may order the final discharge of the
probationer upon finding that, he has fulfilled the terms
and conditions of his probation.
N. Effects of Termination of Probation
1. Case is deemed terminated.
2. Restoration of all civil rights lost or suspended.
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3. Fully discharges liability for any fine imposed.
Note that the probation is NOT coterminous with its
period. There must be an order issued by the court
discharging the probationer (Bala vs. Martinez, 181
SCRA 459, 1990).
Pardon
Probation
Includes any crime and Exercised individually
is exercised individually by the trial court.
by the President
Exercised when the Must be exercised
person is
already within the period for
convicted
perfecting an appeal.
CRIMINAL LAW
CHAPTER FIVE: EXECUTION AND
SERVICE OF PENALTIES
(ARTS. 78-88)
ARTICLE 78
WHEN AND HOW PENALTY IS TO BE EXECUTED
Only penalty by final judgment can be executed. A penalty
shall be executed in the form prescribed by law and with
any circumstances or incidents expressly authorized
thereby.
ARTICLE 79
SUSPENSION OF THE EXECUTION AND SERVICE OF
THE PENALTIES IN CASE OF INSANITY
Merely
looks
FORWARD
and
relieves the offender
from the consequences of an offense of
which he has been
convicted; it does not
work for the restoration
of the rights to hold
public office, or the right
of suffrage, unless such
rights are expressly
restored by means of
pardon.
It
promotes
the
correction
and
rehabilitation of an
offender by providing
him with individualized
treatment; provides an
opportunity for the
reformation
of
a
penitent offender which
might be less probable
if he were to serve a
prison sentence; and
prevent the commission
of offenses.
Does not alter the fact
that the accused is a
recidivist as it produces
only the extinction of
the personal effects of
the penalty
Does not alter the fact
that the accused is a
recidivist as it provides
only for an opportunity
of reformation to the
penitent offender
NOTE: Art. 80 has been repealed by PD 603 which was
amended by RA 9344.
Does not extinguish the Does not extinguish the
civil liability of the civil liability of the
offender
offender
Who is a Youthful Offender?
R.A. 9344 (Juvenile Justice & Welfare Act of 2006)
repealed P.D. 603 (The Child and Youth Welfare Code)
on the matter so that a child 15 years of age or below at
the time of the commission of the offense is exempt from
criminal liability. If the child is over 15 but less than 18
years of age, he is likewise exempt from criminal liability
UNLESS he acted with discernment.
Being a PRIVATE ACT
by the President, it
must be pleaded and
proved by the person
pardoned
Being a grant by the
trial court; it follows that
the trial court also has
the power to order its
revocation in a proper
case and under proper
circumstances.
Rules regarding execution and service of penalties in
case of insanity:
1. When a convict becomes insane or imbecile after final
sentence has been pronounced, the execution of such
sentence is suspended only as regards the personal
penalty.
2. If he recovers his reason, his sentence shall be
executed unless the penalty has prescribed.
3. Even if while serving his sentence, the convict becomes
insane or imbecile, the above provisions shall be
observed.
4. But the payment of his civil or pecuniary liabilities shall
not be suspended.
THE CHILD AND YOUTH WELFARE CODE
(PD 603, As Amended)
What is the Purpose of the Code?
The purpose is to avoid a situation where JUVENILE
OFFENDERS would commingle with ordinary criminals in
prison.
Guidelines:
If the court finds that the youthful offender committed the
crime charged against him, it shall DETERMINE the
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CRIMINAL LAW
imposable penalty and the civil liability chargeable against
him.
The court may not pronounce judgment of conviction but
instead SUSPEND all further proceedings.
Note: Suspension of sentence shall NOT APPLY TO (1) a
youthful offender who once enjoyed suspension of
sentence under its provisions, or (2) one who is convicted
of an offense punishable by death or life imprisonment.
The youthful offender shall be RETURNED to the
committing court for pronouncement of judgment, when
the youthful offender:
1. has been found incorrigible, or
2. has willfully failed to comply with the conditions of his
rehabilitation programs; or
3. when his continued stay in the training institution would
be inadvisable.
When the youthful offender has reached the age of
EIGHTEEN while in commitment, the court shall
determine whether1. To DISMISS the case, if the youthful offender has
behaved properly and has shown his capability to be a
useful member of the community; or
2. To PRONOUNCE the judgment of conviction, if the
conditions mentioned are not met.
In the latter case, the convicted offender may apply for
PROBATION. In any case, the youthful offender shall
be credited in the service of his sentence with the full
time spent in actual commitment and detention.
The final release of a youthful offender, based on good
conduct as provided in Art. 196 shall not obliterate his
CIVIL LIABILITY for damages.
Note:
Arts. 81 – 85 refer to execution of Death Penalty
Arts. 86 refers to execution and service of other penalties
(reclusion perpetua, reclusion temporal, prision mayor,
prisioncorrecional&arresto mayor)
ARTICLE 87
DESTIERRO
Destierro
It is considered as a principal, correctional and divisible
penalty. Therefore jurisdiction over crimes punishable with
destierro lies with the Municipal Trial Court.
Only in the following cases is destierro imposed:
1. Death or serious physical injuries is caused or are
inflicted under exceptional circumstances (Art. 247);
BOOK ONE
2. Failure to give bond for good behavior in grave and
light threats (Art. 284);
3. Penalty for the concubine in concubinage (Art. 334);
4. When, after reducing the penalty by one or more
degrees, destierro is the proper penalty.
Entering the prohibited area is evasion of the service of
the sentence.
ARTICLE 88
ARRESTO MENOR
Served in:
1. Municipal jail;
2. House of defendant himself under the surveillance of
an officer of law BUT ONLY when the court so
provides in its decision
Grounds: health of the offender; other reasons
satisfactory to the court
TITLE FOUR: EXTINCTION OF
CRIMINAL LIABILITY
CHAPTER ONE: TOTAL EXTINCTION OF
CRIMINAL LIABILITY
(ARTS. 89-93)
ARTICLE 89
CRIMINAL LIABILITY IS
TOTALLY EXTINGUISHED
How criminal liability totally extinguished: (DSP3AM)
1. By the death of the convict as to personal penalties; but
as to pecuniary penalties, liability is extinguished only
when the death of the offender occurs before final
judgment;
2. By service of sentence; however, it does not extinguish
the civil liability; (Salgado vs. Court of Appeals, G.R.
No. 89606, August 30, 1990)
3. By absolute pardon;
4. By prescription of the crime;
5. By prescription of penalty;
6. By amnesty, which completely extinguishes the penalty
and all its effects;
7. By marriage of the offended woman with the offender in
the crimes of rape, seduction, abduction, and acts of
lasciviousness. In the crimes of rape, seduction,
abduction, and acts of lasciviousness, the marriage, as
provided under Art. 344, must be contracted in good
faith.
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Extinction of criminal liability does not automatically
extinguish civil liability (Petralba v. Sandiganbayan, G.R.
no. 8137, August 16, 1991).
Death of the offended party will not extinguish the criminal
liability of the accused even in private offenses.
Civil liability is extinguished only when death occurs
before final judgment.
Judgment becomes final:
1. After the lapse of the period for perfecting an appeal; or
2. When the sentence has been partly or totally satisfied
or served; or
3. The defendant has expressly waived in writing his right
to appeal (Sec. 7, Rule 16, Rules of Court).
Effect of death of the accused pending appeal of his
conviction
General Rule: The death of the accused pending the
appeal of his conviction extinguishes his criminal liability
as well as his civil liability based solely on the offense
committed.
CRIMINAL LAW
offense
he
had
It restores to the committed resulting in
individual his civil and the partial extinction of
political rights and his criminal liability.
remits the penalty
imposed
for
the
particular offense of
which
he
was
convicted.
Pardon
Amnesty
Includes any crime and A blanket pardon to
is exercised individually classes of persons or
by the President
communities who may
be guilty of political
offenses.
Exercised when the May be exercised even
person is already before
trial
or
convicted
investigation is had
Merely
looks
FORWARD
and
relieves the offender
from the consequences of an offense of
which he has been
convicted; it does not
work for the restoration
of the rights to hold
public office, or the right
of suffrage, unless such
rights are expressly
restored by means of
pardon.
Looks BACKWARD and
abolishes and puts into
oblivion the offense
itself; it so overlooks
and obliterates the
offense with which he is
charged that the person
released by amnesty
stands before the law
precisely as though he
had committed no
offense.
Pardon
It is an act of grace, proceeding from the power entrusted
with the execution of the laws, which exempts the
individual on whom it is bestowed from the punishment
the law inflicts for the crime he has committed.
Does not alter the fact
that the accused is a
recidivist as it produces
only the extinction of
the personal effects of
the penalty
Makes an ex-convict no
longer a recidivist,
because it obliterates
the last vestige of the
crime
Pardon must be given AFTER final judgment, otherwise,
there will be violation of the Doctrine of Separation of
Powers.
Does not extinguish the Does not extinguish the
civil liability of the civil liability of the
offender
offender
Exception: Civil liability arising from sources other than
the crime committed survives and may be pursued in a
separate civil action. Sources of civil liability other than
crime are law, contracts, quasi-contracts and quasidelicts. (People vs. Bayotas, G.R. No. 152007, September
2, 1994)
Amnesty
It is an act of the sovereign power granting oblivion or
general pardon for a past offense, and is rarely if ever
exercised in favor of a single individual, and is usually
extended in behalf of certain classes of persons who are
subject to trial but have not yet been convicted.
Absolute Pardon
Conditional Pardon
The total extinction of
criminal liability of the
individual to whom it is
granted without any
condition.
The exemption of an
individual within certain
limits or conditions from
the punishment which
the law inflicts for the
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Being a PRIVATE ACT
by the President, it
must be pleaded and
proved by the person
pardoned
Being a Proclamation of
the Chief Executive with
the concurrence of
Congress; it is a
PUBLIC ACT of which
the courts should take
judicial notice
CRIMINAL LAW
ARTICLE 90
PRESCRIPTION OF CRIMES
Prescription of the crime
It is the forfeiture or loss of the right of the State to
prosecute the offender after the lapse of a certain time.
Based on the penalty prescribed by the RPC.
In computing the period of prescription, the first is to be
excluded and the last day included.
Prescriptive periods of crimes:
1. Crimes punishable by
a. Death, reclusión perpetua or reclusión temporal –
20 years
b. Afflictive penalties – 15 years
c. Correctional penalties – 10 years except those
punishable by arresto mayor which shall prescribe
in 5 years.
2. Crime of libel – 1 year
3. Offenses of oral defamation and slander by deed – 6
months
a. Simple slander – 2 months
b. Grave slander – 6 months
4. Light offenses – 2 months
5. Crimes punishable by fines
a. If fine is afflictive – 15 years
b. If it is correctional – 10 years
c. If it is light – 2 months
The subsidiary penalty for nonpayment of the fine should
not be considered in determining the period of such
crimes.
When fine is an alternative penalty higher than the other
penalty which is by imprisonment, prescription of the
crime is based on the fine.
Illegal recruitment – prescription is determined from the
time the accused is certified as an illegal recruiter.
Rule where last day of prescriptive period falls on a
Sunday or legal holiday
The information can no longer be filed on the next day as
the crime has already prescribed.
Period will not be prolonged because doubt should be
resolved in favor of the accused.
When the penalty is a compound one:
The highest penalty is the basis of the application of the
rules contained herein.
BOOK ONE
Is there a conflict between the provisions of the Revised
Penal Code on prescription of crimes and Section 8, Rule
117 of Rules of Court (time-bar)?
NO, it is but a limitation of the right of the State to revive a
criminal case against the accused after the Information
had been filed but subsequently provisionally dismissed
with the express consent of the accused. If a criminal case
is dismissed on motion of the accused because the trial is
not concluded within the period therefor, the prescriptive
periods under the Revised Penal Code are not thereby
diminished. But whether or not the prosecution of the
accused is barred by the statute of limitations or by the
lapse of the time-line under the new rule, the effect is
basically the same.
Violations penalized by special laws
Such offenses are, unless otherwise provided in their
respective special penal laws, prescribe in accordance
with the following rules:
1. After 1 year for offenses punished only by a fine or by
imprisonment for not more than one month, or both;
2. After 4 years for those punished by imprisonment for
more than one month, but less than two years;
3. After 8 years for those punished by imprisonment for
two years or more, but less than six years; and
4. After 12 years for any other offense punished by
imprisonment for six years or more, except the crime
of treason, which shall prescribe after twenty years.
5. Violations penalized by municipal ordinances shall
prescribe after 2 months (Act 3326)
When prescription of violations penalized by special
laws and ordinances begins to run
It begins from the day of the commission of the violation,
and if the same be not known at the time, from the
discovery thereof and the institution of judicial
proceedings for its investigation and punishment (Sec. 2,
Act No. 3326).
When prescription interrupted
It shall be interrupted when proceedings are instituted
against the guilty party, and shall begin to run again if the
proceedings are dismissed for reasons not constituting
jeopardy (Sec. 2, Act No. 3326).
Note: In Romualdez v. Marcelo et al. (GR No. 165510-33,
July 28, 2006) the Court ruled that the running of the
prescription of an offense punished by a special law is
NOT tolled by the absence of the offender from Philippine
soil.
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BOOK ONE
ARTICLE 91
COMPUTATION OF PRESCRIPTION
OF OFFENSES
Outline:
1. Period of prescription commences to run from the day
on which the crime is discovered by the offended
party, the authorities, or their agents.
The period of prescription of crime commences to run
from the commission of the offense or its discovery, if
the commission of the same was unknown (People v.
Tamayo, 40 O.G. 2313).
2. It is interrupted by the filing of the complaint or
information corresponding to the offense committed
with the prosecutor except in cases falling under the
Rules on Summary Procedure (must be filed with the
court) and when filed with the Punong Barangay
(interruption should not exceed 60 days).
3. It shall commence to run again when such proceedings
terminate without the accused being convicted or
acquitted, or unjustifiably stopped for any reason not
imputable to the accused.
The termination contemplated here refers to a
termination that is final as to amount to a jeopardy that
would bar a subsequent prosecution.
4. The term of prescription shall not run when the offender
is absent from the Philippine Archipelago.
The prescriptive period of continuing crime, cannot begin
to run because there could be no termination of continuity
and the crime does not end.
The filing of the complaint with the municipal trial court,
although only for preliminary investigation, interrupted and
suspended the period of prescription in as much as the
jurisdiction of a court in a criminal case is determined by
the allegation in the complaint or information, not by the
result of proof.
Accused cannot be convicted of lesser offense included
within the offense charged, if the latter has already
prescribed. (Francisco vs. Court of Appeals, 122 SCRA
545, 1983)
Situations which do NOT follow Art. 91:
1. Continuing crimes;
2. In crimes against false testimony
a. If the testimony is against the defendant – from the
date final judgment was rendered;
b. If the testimony is in favor of the defendant – from the
date when testimony was given
3. Election offenses – (1) if discovery of offense is
incidental to judicial proceedings, prescription begins
when such proceeding terminates; otherwise, (2) from
the date of commission of offense.
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4. Bigamy – although marriage is registered, prescriptive
period commences from date of discovery.
Effect of filing an amended complaint or information
upon period of prescription
If the amendment charges a different crime, the date of
the amended complaint or information should be
considered. If it is merely a correction of a defect, the
date of the original complaint or information should be
considered.
ARTICLE 92
PRESCRIPTION OF PENALTIES
Prescription of the penalty
It is the loss or forfeiture of the right of the government to
execute the final sentence, after the lapse of a certain
time.
Prescription of penalties is based on the penalty imposed.
Prescriptive periods of penalties:
1. Death and reclusion perpetua – 20 years
2. Other afflictive penalties – 15 years
3. Correctional penalties – 10 years except for the penalty
of arresto mayor which prescribes in 5 years.
4. Light penalties – 1 year
The penalties must be imposed by final sentence. Hence,
if the convict appealed and thereafter fled to the
mountains, the penalty imposed upon him would never
prescribe, because pending the appeal, the sentence is
not final.
If the accused was never arrested to serve his sentence,
the prescriptive period cannot commence to run.
Prescription of the
Crime
Prescription of the Penalty
The forfeiture or loss of The forfeiture or loss of the
the right of the State to right of the government to
prosecute
execute the final sentence
It is the penalty It is the penalty imposed that
prescribed by law that should be considered.
should be considered.
ARTICLE 93
COMPUTATION OF THE PRESCRIPTION
OF PENALTIES
Outline:
1. Period of prescription commences to run from the date
when the culprit evaded the service of his sentence.
CRIMINAL LAW
2. It is interrupted if the convict:
a. Gives himself up;
b. Be captured;
c. Goes to a foreign country with which we have no
extradition treaty; or
d. Commits another crime before the expiration of the
period of prescription.
The period of prescription of penalty shall commence to
run again when the convict escapes again, after having
been captured and returned to prison.
Elements:
1. That the penalty is imposed by final judgment;
2. That the convict evaded the service of his sentence by
escaping during the term of his sentence;
3. The convict who escaped from prison has not given
himself up, or been captured, or gone to a foreign
country with which we have no extradition treaty, or
committed another crime;
4. If our Government has extradition treaty with the
country to which the offender escaped, but the crime
committed is not included in the treaty, it is believed that
it would interrupt the running of the prescriptive period.
5. That the penalty has prescribed, because of the lapse
of time from the date of the evasion of service of the
sentence by the convict.
6. Acceptance of conditional pardon interrupts the
prescriptive period.
Should the evasion of service of sentence, being in
itself a crime, interrupt the running of the prescriptive
period of penalties?
NO. The evasion of the service of the sentence, which is a
requisite in the prescription of penalties, must necessarily
take place BEFORE the running of the period of
prescription; hence, cannot interrupt it.
Period of prescription that ran during the evasion is
not forfeited
If the culprit is captured and evades again the service of
his sentence, the period of prescription that has run in his
favor should be taken into account.
CHAPTER TWO: PARTIAL EXTINCTION
OF CRIMINAL LIABILITY (ARTS. 94-99)
ARTICLE 94
PARTIAL EXTINCTION
OF CRIMINAL LIABILITY
Criminal liability is partially extinguished:
1. By conditional pardon;
2. By commutation of sentence;
BOOK ONE
The commutation of the original sentence for another
of a different length and nature shall have the legal
effect of substituting the latter in place of the former.
3. For good conduct allowances which the culprit may
earn while he is serving his sentence;
4. By parole
a. Parole – is the suspension of the sentence of a
convict, after serving the minimum term of the
indeterminate penalty, without being granted a
pardon, prescribing the terms upon which the
sentence shall be suspended
b. If the convict fails to observe the condition of the
parole, the board of pardons and parole is
authorized to:
i. Direct his arrest and return to custody and
thereafter;
ii. To carry out his sentence without deduction of
the time that has elapsed between the date of
the parole and the subsequent arrest.
5. By probation.
Conditional Pardon
May be given at any
time
after
final
judgment; is granted
by the Chief Executive
under the provisions of
the
Administrative
Code
For violation of the
conditional pardon, the
convict
may
be
ordered re-arrested or
re-incarcerated by the
Chief Executive, or
may be prosecuted
under Art. 159 of the
Code
Parole
May be given after the
prisoner has served
the minimum penalty;
is granted by the
Board of Pardons and
Parole under the
provision
of
the
Indeterminate
Sentence Law
For violation of the
terms of the parole,
the convict cannot be
prosecuted. Under Art.
159 of the RPC, he
can be re-arrested and
re-incarcerated
to
serve the unserved
portion of his original
penalty.
Obligation incurred by a person granted conditional
pardon
He must comply strictly with the conditions imposed in the
pardon.
Failure to comply with the condition shall result in the
revocation of the pardon. Under Section 64(i), R.A.C, the
Chief Executive may order his arrest and reincarceration.
He becomes liable under Art. 159 (This is the judicial
remedy).
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Allowance for good conduct is NOT given to prisoners
released under conditional pardon.
Allowance for Good Conduct
1. During the first 2 years of imprisonment, he shall be
allowed a deduction of 5 days for each month of good
behavior.
2. During the 3rd to 5th years of imprisonment, he shall be
allowed a deduction of 8 days for each month of good
behavior.
3. During the following years until the 10th year of
imprisonment, he shall be allowed a deduction of 10
days for each month of good behavior.
4. During the 11th and successive years of imprisonment,
he shall be allowed a deduction of 15 days for each
month of good behavior.
CRIMINAL LAW
2. As an offense against the private person injured by the
crime, UNLESS it involves the crime of treason,
rebellion, espionage, contempt, and others wherein no
civil liability arises on the part of the offender, either
because there are no damages to be compensated or
there is no private person injured by the crime.
Effect of acquittal
Extinction of the penal action does NOT carry with it
extinction of the civil; UNLESS the extinction proceeds
from a declaration in a final judgment that the fact from
which the civil liability might arise did not exist. (See
Section 1, Rule 111 of the 2000 Rules on Criminal
Procedure. Civil liability arising from other sources of
obligations is not impliedly instituted with the criminal
action).
Special time allowance for loyalty
It is the deduction of 1/5 of the period of the sentence of a
prisoner who, having evaded the service of his sentence
during calamity or catastrophe mentioned in Art. 158,
gives himself up to the authorities within 48 hours
following the proclamation by the President announcing
the passing away of the calamity or catastrophe.
Effect of dismissal of case
The dismissal of the information or the criminal action
does NOT affect the right of the offended party to institute
or continue the civil action already instituted arising from
the offense, because such dismissal or extinction of the
penal action does not carry with it the extinction of the civil
action.
The authority to grant time allowance is exclusively vested
in the Director of Prison. Such allowance once granted
shall not be revoked.
Effect of death of the offender
If the offender dies prior to the institution of the action or
prior to the finality of judgment, civil liability ex-delicto is
extinguished (De Guzman vs. People, G.R. No. 154579,
October 8, 2003).
In order to be entitled to the special allowance for loyalty,
the convict must have actually escaped.
In all these cases, civil liability from sources other than
delict are not extinguished.
TITLE FIVE: CIVIL LIABILITY
CHAPTER ONE: PERSONS CIVILLY
LIABLE FOR FELONIES
(ARTS. 100-103)
ARTICLE 100
CIVIL LIABILITY OF A PERSON
GUILTY OF FELONY
Every person criminally liable for a felony is also
civilly liable (Art. 100).
Exceptions:
1. Victimless crimes;
2. Flight to enemy country.
A crime has a dual character:
1. As an offense against the State, because of the
disturbance of the social order; and
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Rule if the offender is acquitted, insofar as the civil
liability is concerned
As a rule, if the offender is acquitted, the civil liability is
extinguished, EXCEPT:
1. If the acquittal is on the ground that the guilt has not
been proven beyond reasonable doubt;
2. The acquittal was due to an exempting circumstance in
favor of an imbecile or an insane person, and a person
under 15 years of age, or those over 15 but under 18,
who has acted without discernment, or those acting
under the compulsion of an irresistible force or under
the impulse of an uncontrollable fear of equal or
greater injury;
3. When the court finds and states in its judgment that
there is only civil responsibility; and
4. When civil liability arises from other sources of
obligations
CRIMINAL LAW
ARTICLE 101
RULES REGARDING CIVIL LIABILITY
IN CERTAIN CASES
Civil liability is still imposed in cases falling under
exempting circumstances, EXCEPT:
1. No civil liability in paragraph 4 of Art. 12 which provides
for injury caused by mere accident.
2. No civil liability in paragraph 7 of Art. 12 which provides
for failure to perform an act required by law when
prevented by some lawful or insuperable cause.
Persons civilly liable for acts of insane or minor
exempt from criminal liability (Paragraphs 1, 2 and 3 of
Article 12)
The civil liability for acts committed by an imbecile or
insane or minor exempt from criminal liability shall devolve
upon the person having legal capacity or control over
them, if the latter are at fault or negligent. They are
primarily liable.
If there is no fault or negligence on their part, or even if at
fault or negligent but insolvent, or should there be no
person having such authority or control, the insane,
imbecile, or such minor shall respond with their own
property not exempt from execution.
Persons civilly liable for acts of minors over 15 years
of age who act with discernment
Article 201 of the Youth Welfare Code provides that the
civil liability for acts committed by a youth offender shall
devolve upon the following persons:
1. Offender’s father;
2. Mother, in case of the father’s death or incapacity;
3. Guardian, in case of mother’s death or incapacity
Persons civilly liable for acts committed by persons
acting under irresistible force or uncontrollable fear
1. The persons using violence or causing the fear are
primarily liable.
2. If there be no such persons, those doing the act shall
be liable secondarily.
No civil liability is imposed in cases falling under justifying
circumstances, EXCEPT under paragraph 4 of Article 11,
where a person does an act, causing damage to another,
in order to avoid evil or injury, the person benefited by the
prevention of the evil or injury shall be civilly liable in
proportion to the benefit he received.
BOOK ONE
ARTICLE 102
SUBSIDIARY LIABILITY OF INNKEEPERS,
TAVERNKEEPERS, AND PROPRIETORS
OF ESTABLISHMENTS
Elements under paragraph 1:
1. That the innkeeper, tavernkeeper or proprietor of
establishment or his employee committed a violation of
municipal ordinance or some general or special police
regulation.
2. That the crime is committed in such inn, tavern or
establishment.
3. That the person criminally liable is insolvent.
Concurrence of all elements makes the innkeeper,
tavernkeeper, or proprietor civilly liable for the crime
committed in his establishment.
Elements under paragraph 2:
1. That the guests notified in advance the innkeeper or the
person representing of the deposit of their goods within
the inn or house.
2. The guests 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 guests lodging therein were taken by
robbery with force upon things or theft committed
within the inn or house.
No liability shall attach in case of robbery with violence
against or intimidation of persons, unless committed by
the innkeeper’s employees.
It is not necessary that the effects of the guest be actually
delivered to innkeeper
ARTICLE 103
SUBSIDIARY CIVIL LIABILITY
OF OTHER 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.
Industry
It refers to a form of productive work, especially of
manufacture, or a particular class of productive work itself,
a trade or manufacture.
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Notes:
A hospital doing charitable service is not engaged in
industry; hence, not subsidiarily liable for acts of nurses.
The employment of the diligence to be expected of a good
father of a family in the selection and supervision of his
employees will not exempt the parties subsidiarily liable
for damages.
Subsidiary liability of employer arises only after the
conviction of the employee in the criminal action.
The subsidiary liability may be enforced only upon a
motion for subsidiary writ of execution against the
employer and upon proof that the employee is insolvent
(Basilio v. Court of Appeals, 385 Phil. 21 [2000]).
If committed by a family driver, employer may be held
liable on a quasi-delict.
CHAPTER TWO: WHAT CIVIL LIABILITY
INCLUDES (ARTS. 104-111)
ARTICLE 104
WHAT IS INCLUDED IN
CIVIL LIABILITY
Restitution
Restitution of the thing itself must be made whenever
possible even when found in the possession of a third
person except when acquired by such person in any
manner and under the requirements which, by law, bar an
action for its recovery.
Restitution cannot be ordered before final judgment.
The liability to return a thing must arise from a criminal
act, not from a contract.
Restitution can be ordered even if accused was acquitted
but the thing was proved to belong to a third person.
In addition to the return of the property, the culprit will be
ordered to pay such amount representing the deterioration
or diminution of value, if any.
Limited only to crimes against property BUT:
1. In a treason case, the defendant was ordered to return
the money he took from another person when he
committed the treasonous act (People vs. Logo, 80
Phil 377, 379).
2. In an abduction case, the defendant was ordered to
return the money taken from the offended girl (U.S. vs.
Banila, 19 Phil. 130, 134).
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CRIMINAL LAW
Reparation of damages
Reparation will be ordered by the court if restitution is not
possible. The court shall determine the amount of
damage, taking into consideration the price of the thing,
whenever possible, and its special sentimental value to
the injured party. It refers generally to crimes against
property.
If there is no evidence as to the value of the thing
unrecovered, reparation cannot be made (People v.
Dalena, C.A., G.R. Nos. 11387-R and 11388-R, October
25, 1954).
Indemnification for damages
Includes not only those caused the injured party, but also,
those suffered by his family or by a third person by reason
of the crime. It is ordinarily the remedy granted to the
victims of crimes against persons.
Reparation of and indemnification for damages may be
obtained only from the accused and his heirs.
Contributory negligence on the part of the offended party
reduces the civil liability of the offender.
The obligation to make restoration or reparation for
damages and indemnification for consequential damages
devolves upon the heirs of the person liable. The action to
demand restoration, reparation and indemnification
likewise descends to the heirs of the person injured.
Payment of civil liability:
1. Only principals - Pro rata
- Solidary obligation
2. Principal, accomplice, and accessory:
Principals - Pro rata, 50 % of the civil liability
Accomplices - 2/3 of 50%
Accessories - 1/3 of 50%
The principals, accomplices and accessories shall be
liable severally among themselves and subsidiarily for
those of the other persons liable.
Any person who has participated gratuitously in the
proceeds of a felony shall be bound to make restitution in
an amount equivalent to the extent of such participation.
In computing the loss of the victim’s earning capacity, as
an item of civil liability exdelicto, the Supreme Court has
constantly adopted the American Expectancy Table of
Mortality in the Computation thereof, using the following
formulae:
CRIMINAL LAW
BOOK ONE
Net Earning Capacity = Life Expectancy x (Gross Annual
Income – Living Expenses)
1. Life expectancy = 2/3 x (80 – age at death)
2. Gross annual income = Monthly earnings x number of
months
3. Living Expenses = 50% of Gross Annual Income
CHAPTER THREE: EXTINCTION AND
SURVIVAL OF CIVIL LIABILITY
(ARTS. 112-113)
ARTICLE 112
EXTINCTION OF CIVIL LIABILITY
Civil liability is extinguished (PC3NO)
1. By payment or performance;
2. By the condonation or remission of the debt;
3. By the confusion or merger of the rights of the creditor
and debtor;
4. By compensation;
5. By novation;
6. Other causes of extinguishment of obligations, such as
annulment, rescission, fulfillment of a resolutory
condition, and prescription.
Note: Civil liability in criminal cases is not extinguished by
the loss of the thing due because reparation will be
ordered by the court in such cases. Except as provided in
Article 112, the offender shall continue to be obliged to
satisfy the civil liability arising from the crime committed by
him.
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