San Beda Crim 1

San Beda College of Law 1
MEMORY AID IN CRIMINAL LAW

CRIMINAL LAW COMMITTEE
CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
BOOK ONE

CRIMINAL LAW - that branch or division of
law which defines crimes, treats of their
nature and provides for their punishment.

CHARACTERISTICS OF CRIMINAL LAW
1. GENERAL - it is binding on all persons
who live or sojourn in the Philippine
territory (Art. 14, NCC)
EXCEPTIONS:
a) Treaty stipulations
b) Laws of preferential application
c) Principles of Public International
Law.
The following persons are
exempted:
a. Sovereigns and other chief
of state
b. Ambassadors,ministers,
plenipotentiary, minister
resident and charges
daffaires.

Consuls, vice-consuls and other
commercial representatives of foreign
nation cannot claim the privileges and
immunities accorded to ambassadors
and ministers.

2. TERRITORIAL penal laws of the
Philippines are enforceable only within
its territory.
EXCEPTIONS: (Art. 2, RPC) i.e.,
enforceable even outside
Philippine territory.
1) Offense committed while on a
Philippine ship or airship
2) Forging or counterfeiting any coin
or currency note of the Philippines
or obligations and securities issued
by the Government.
3) Introduction into the country of
the above-mentioned obligations
and securities.
4) While being public officers or
employees should commit an
offense in the exercise of their
functions.
5) Should commit any of the crimes
against national security and the
law of nations defined in Title One
of Book Two.
EXCEPTION TO THE EXCEPTION:
Penal laws not applicable within or
without Philippine territory if so
provided in treaties and laws of
preferential application. (Art.2, RPC)

3. 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.
EXCEPTION TO THE EXCEPTION
a) The new law is expressly made
inapplicable to pending actions or
existing causes of actions.
b) Offender is a habitual criminal.

LIMITATIONS ON THE POWER OF
CONGRESS TO ENACT PENAL LAWS:
1. No ex post facto law shall be enacted
2. No bill of attainder shall be enacted
3. No law that violates equal protection
clause of the constitution shall be
enacted
4. No law which imposes cruel and
unusual punishments nor excessive
fines shall be enacted.

THEORIES IN CRIMINAL LAW
1. Classical Theory - basis of criminal
liability is human free will. Under this
theory, the purpose of penalty is
retribution. The RPC is generally
governed by this theory.
2. Positivist Theory basis of criminal
liability is the sum of the social and
economic phenomena to which the
actor is exposed wherein prevention
and correction is the purpose of
penalty. This theory is exemplified in
the provisions regarding impossible
crimes and habitual delinquency.
3. Eclectic or Mixed Theory combination
of positivist and classical thinking
wherein crimes that are economic and
social in nature should be dealt in a
positive manner; thus, the law is more
compassionate.

PRELIMINARY TITLE

ART. 2 APPLICATION OF ITS
PROVISIONS

RULES ON VESSELS:
1.) Philippine vessel or aircraft.
Must be understood as that which is
registered in the Philippine Bureau of
Customs.

2.) On Foreign Merchant Vessels
ENGLISH RULE: Crimes committed
aboard a vessel within the territorial
waters of a country are triable in the
courts of such country.
2 2005 CENTRALIZED BAR OPERATIONS

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark
David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
EXCEPTION: When the crimes merely
affect things within the vessel or when
they only refer to the internal
management thereof.

FRENCH RULE:
GENERAL RULE: Crimes committed
aboard vessel within the territorial
waters of a country are not triable in
the courts of said country.
EXCEPTION: When their commission
affects the peace and security of the
territory or when the safety of the
state is endangered.

In the Philippines, we follow the
English Rule.

In the case of a foreign warship, the
same is not subject to territorial laws.

TITLE ONE: FELONIES AND
CIRCUMSTANCES WHICH AFFECT
CRIMINAL LIABILITY

Chapter One: Felonies (Arts. 3-10)

ART. 3 FELONIES

Felonies are acts or omissions punishable
by the RPC.

ELEMENTS OF FELONIES (GENERAL)
1. there must be an act or omission ie,
there must be external acts.
2. the act or omission must be punishable
by the RPC.
3. the act is performed or the omission
incurred by means of dolo or culpa.

NULLUM CRIMEN, NULLA POENA SINE
LEGE - there is no crime where there is
no law punishing it.

CLASSIFICATION OF FELONIES
ACCORDING TO THE MEANS BY WHICH
THEY ARE COMMITTED:

1. Intentional Felonies the act is
performed with deliberate intent or
malice.
Requisites of DOLO or MALICE:
a. Freedom
b. Intelligence
c. Criminal Intent

Mistake of Fact 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.

Requisites of mistake of fact as a
defense:
a. That the act done would
have been lawful had the
facts been as the accused
believed them to be.
b. That the intention of the
accused in performing the
act should be lawful.
c. That the mistake must be
without fault or
carelessness on the part of
the accused.

2. Culpable Felonies - performed
without malice.
Requisites of CULPA:
a. Freedom
b. Intelligence
c. Negligence and Imprudence

REASON FOR PUNSHING ACTS OF
NEGLIGENCE: A man must use common
sense and exercise due reflection in all
his acts; it is his duty to be cautious,
careful and prudent.

Mala Prohibita - the class of crimes
punishable by SPECIAL LAWS and where
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.

MALA IN SE vs. MALA PROHIBITA

MALA IN SE
MALA
PROHIBITA
1. As to
moral
trait of
the
offender
The moral trait
is considered.
Liability will
arise only when
there is dolo or
culpa.
The moral
trait of the
offender is not
considered. It
is enough that
the prohibited
act was
voluntarily
done.

2. As to
use of
good
faith as
a
defense

Good faith or
lack of criminal
intent is a valid
defense; unless
the crime is the
result of culpa.
Good faith is
not a defense.
3. As to
degree
of
accom-
plish-
ment of
the
crime

The degree of
accomplishment
of the crime is
taken into
account in
punishing the
offender.
The act gives
rise to a crime
only when it is
consummated.

4. As to
mitigati
ng and
aggravat
ing
circum-
stances
Mitigating and
aggravating
circumstances
are taken into
account in
imposing the
penalty.
Mitigating and
aggravating
circumstances
are generally
not taken into
account.
5. As to
degree
of
partici-
pation
When there is
more than one
offender, the
degree of
participation of
each in the
commission of
the crime is
taken into
account.
Degree of
participation is
generally not
taken into
account. All
who
participated in
the act are
punished to
the same
extent.

6. As to
what
laws are
violated
Violation of the
RPC (General
rule)
Violation of
Special Laws
(General rule)

Intent distinguished from Motive
INTENT MOTIVE
1. Is the purpose to
use a particular
means to effect
such result
1. Is the moving
power which impels
one to act
2. Is an element of
the crime, except in
unintentional
felonies (culpable)
2. Is NOT an
element of the
crime
3. Is essential in
intentional felonies
3. Is essential only
when the identity of
the perpetrator is in
doubt

ART. 4 CRIMINAL LIABILITY

PAR. 1 - Criminal Liability for a felony
different from that intended to be
committed

REQUISITES:
a) That an intentional felony has been
committed.
b) That the wrong done to the aggrieved
party be the direct, natural and logical
consequence of the felony committed.

PROXIMATE CAUSE that cause, which, in
the natural and continuous sequence,
unbroken by any efficient intervening
cause, produces the injury without which
the result would not have occurred.

Thus, the person is still criminally liable
in:
1. Error in personae- mistake in the
identity of the victim.
2. Abberatio ictus mistake in the blow.
3. Praeter intentionem lack of intent to
commit so grave a wrong.

PAR. 2 (IMPOSSIBLE CRIME)
REQUISITES:
a) That the act performed would be an
offense against persons or property.
b) That the act was done with evil intent.
c) That its accomplishment is inherently
impossible, or that the means
employed is either inadequate or
ineffectual.
d) That the act performed should not
constitute a violation of another
provision of the RPC.

ART. 6 CONSUMMATED,
FRUSTRATED & ATTEMPTED
FELONIES

STAGES OF EXECUTION:
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.
c) But the felony is not produced.
d) By the reason of causes independent
of the will of the perpetrator.

WHAT CRIMES DO NOT ADMIT OF
FRUSTRATED STAGE?
1) Rape
2) Bribery
3) Corruption of Public Officers
4) Adultery
5) Physical Injury

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) The offenders acts are not stopped by
his own spontaneous desistance.

DESISTANCE - is an absolutory cause which
negates criminal liability because the law
encourages a person to desist from
committing a crime.

- this is applicable only in
the attempted stage.

OVERT ACTS Some physical activity or
deed, indicating intention to commit a
particular crime, more than a mere
planning or preparation, which if carried
to its complete termination following its
natural course, without being frustrated
by external obstacles, nor by voluntary
desistance of the perpetrator will logically
ripen into a concrete offense.

INDETERMINATE OFFENSE: One where
the purpose of the offender in performing
an act is not certain. The accused maybe
convicted for a felony defined by the acts
performed by him up to the time of
desistance.

2 STAGES IN THE DEVELOPMENT OF A
CRIME:
1) Internal acts
Such as mere ideas in the mind of
person.
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

ART. 7 LIGHT FELONIES

Light Felonies are punishable only
when they have been consummated
EXCEPT: If committed against persons
or property, punishable even if not
consummated.

Only principals and accomplices are
liable, accessories are not liable even
if committed against persons or
property.

ART. 8 CONSPIRACY AND PROPOSAL
TO COMMIT FELONY

REQUISITES OF CONSPIRACY
1. That 2 or more persons came to an
agreement.
2. That the agreement pertains to the
commission of a felony.
3. That the execution of the felony was
decided upon.

2 CONCEPTS OF CONSPIRACY
1. Conspiracy as a crime by itself.
EXAMPLE: conspiracy to commit
rebellion or insurrection, treason,
sedition.
2. Conspiracy as a means of committing a
crime
a) There is a previous and express
agreement;
b) The participants acted in concert
or simultaneously which is
indicative of a meeting of the
minds towards a common criminal
objective. There is an implied
agreement.

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, such
as in treason, coup detat, and rebellion or
insurrection

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.
EXCEPTION TO THE EXCEPTION: When the
act constitutes a single indivisible
offense.

Conspiracy may be inferred when two
or more persons proceed to perform
overt acts towards the
accomplishment of the same felonious
objective, with each doing his act, so
that their acts though seemingly
independent were in fact connected,
showing a common design.

These overt acts must consist of:
- active participation in the actual
commission of the crime itself, or
- moral assistance to his co-
conspirators by being present at the
time of the commission of the crime,
or
- exerting a moral ascendance over
the other co-conspirators by moving
them to execute or implement the
criminal plan (PEOPLE vs. ABUT, et
al., GR No. 137601, April 24, 2003)

REQUISITES OF PROPOSAL:
1. That a person has decided to commit a
felony; and
2. That he proposes its execution to

some other person or persons.

ART. 9 CLASSIFICATION OF FELONIES
ACCORDING TO GRAVITY

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.

Grave felonies are those to which the
law attaches the capital punishment or
penalties which in any of their periods are
afflictive, in accordance with Art. 25 of
the Code.

Less grave felonies are those which the
law punishes with penalties which in their
maximum period are correctional, in
accordance with Art. 25 of the Code.

Light felonies are those infractions of
law for the commission of which the
penalty of arresto menor or a fine not
exceeding 200 pesos, or both, is provided.

ART. 10 OFFENSES NOT SUBJECT TO
THE PROVISIONS OF THE RPC

GENERAL RULE: RPC provisions are
supplementary to special laws.
EXCEPTION:
1. Where the special law provides
otherwise; and
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
reclusin perpetua or reclusin 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)

ART. 11. JUSTIFYING CIRCUMSTANCES

JUSTIFYING CIRCUMSTANCES are 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.

1. SELF- DEFENSE

REQUISITES:
a) Unlawful aggression (condition sine
qua non);
b) Reasonable necessity of the means
employed to prevent or repel it; and
c) Lack of sufficient provocation on the
part of the person defending himself.

UNLAWFUL AGGRESSION
- is equivalent to an actual
physical assault or, at least
- threatened assault of an
immediate and imminent kind which is
offensive and positively strong, showing
the wrongful intent to cause injury.

TEST OF REASONABLENESS the means
employed depends upon the nature and
quality of the (1) weapon used by the
aggressor, and (2) his physical condition,
character, size and other circumstances,
(3) and those of the person defending
himself, (4) and also the place and
occasion of the assault.

Perfect equality between the weapons
used by the one defending himself and
that of the aggressor is not required,
nor material commensurability
between the means of attack and
defense.
REASON: Because the person assaulted
does not have sufficient tranquility of
mind to think and to calculate.

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 directed against the honor
of the actor (People vs. Sabio, 19 SCRA
901).

2. The defense of property rights, only if
there is also an actual and imminent
danger on the person of the one
defending ( People vs Narvaez, 121
SCRA 389).

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.

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-defense
under the RPC. (Sec. 26, R.A. No. 9262)
The law provides for an additional
justifying circumstance.
Battered Woman Syndrome refers
to a scientifically defined pattern of
psychological and behavioral symptoms
found in women living in battering
relationships as a result of cumulative
abuse.
Battery refers to any act of
inflicting physical harm upon the woman
or her child resulting to physical and
psychological or emotional distress.

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:
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted
brothers and sisters, or relatives by
affinity in the same degrees.
5. Relatives by consanguinity within the
fourth civil degree.

3. DEFENSE OF STRANGER

REQUISITES:
1. Unlawful Aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. The person defending be not induced
by revenge, resentment or other evil
motive.
4. AVOIDANCE OF GREATER EVIL OR
INJURY

REQUISITES:
1. That the evil sought to be avoided
actually exists:
2. That the injury feared be greater
than that done to avoid it; and
3. There be no other practical and less
harmful means of preventing it.

No civil liability except when there is
another person benefited in which
case the latter is the one liable.

Greater evil must not be brought
about by the negligence or imprudence
or violation of law by the actor.

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;
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.

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
3. That the means used by the
subordinate to carry out said order is
lawful.

Subordinate is not liable for carrying
out an illegal order if he is not aware
of its illegality and he is not negligent.

ART. 12. EXEMPTING CIRCUMSTANCES

Exempting Circumstances (or the
circumstances for non-imputability) are
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.

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.

JUSTIFYING
CIRCUMSTANCE
EXEMPTING
CIRCUMSTANCE
1. It affects the act
not the actor.
1. It affects the
actor not the act.
2. The act is
considered to have
been done within the
bounds of law;
hence, legitimate
and lawful in the
eyes of the law.
2. The act
complained of is
actually wrongful,
but the actor is not
liable.
3. Since the act is
considered lawful,
there is no crime.
3. 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
4. Since there is no
crime, nor a
criminal, there is
also no criminal or
civil liability. (except
Art. 11, par. 4)
4. Since there is a
crime committed
though there is no
criminal, there is
civil liability.

1. IMBECILITY OR INSANITY
Insanity or imbecility exists when there is
a complete deprivation of intelligence or
freedom of the will.
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.

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.
The defense must prove that the
accused was insane at the time of the
commission of the crime because the
presumption is always in favor of
sanity.

Insanity exists when there is a
complete deprivation of intelligence in
committing the act. Mere abnormality
of the mental faculties will not
exclude imputability. The accused
must be "so insane as to be incapable
of entertaining criminal intent." He
must be deprived of reason and acting
without the least discernment because
there is a complete absence of the
power to discern or a total deprivation
of freedom of the will. (PEOPLE vs.
ANTONIO, GR No. 144266, November
27, 2002)

2. PERSON UNDER NINE YEARS OF AGE

An infant under the age of nine years
is absolutely and conclusively
presumed to be incapable of
committing a crime.

The phrase under nine years should
be construed nine years or less

3. PERSON OVER NINE YEARS OF AGE
AND UNDER 15 ACTING WITHOUT
DISCERNMENT.

Must have acted without discernment.

DISCERNMENT mental capacity to fully
appreciate the consequences of an
unlawful act.
Discernment maybe shown by:
a) The manner the crime was
committed: or
b) The conduct of the offender after its
commission.

4. ACCIDENT WITHOUT FAULT OR
INTENTION OF CAUSING IT

Basis: Lack of negligence or intent.

ELEMENTS:
1. A person is performing a lawful act;
2. With due care;
3. He causes injury to another by mere
accident;
4. Without fault or intention of causing
it.

5. A PERSON WHO ACTS UNDER THE
COMPULSION OF AN IRRESISTABLE
FORCE

ELEMENTS:
1. That the compulsion is by means of
physical force.
2. That the physical force must be
irresistable.
3. That the physical force must come
from a third person.

Basis: complete absence of freedom or
voluntariness.

The force must be so irresistable as to
reduce the actor to a mere instrument

who act not only without will but
against his will.

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;
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 ones life or limb
and should not be speculative,
fanciful, or remote fear.

ACTUS ME INVITO FACTUS NON EST
MEUS ACTUS An act done by me
against my will is not my act.

7. INSUPERABLE CAUSE.

INSUPERABLE CAUSE some motive which
has lawfully, morally or physically
prevented a person to do what the law
commands.

ELEMENTS:
1. That an act is required by law to be
done.
2. That a person fails to perform such
act.
3. That his failure to perform such act
was due to some lawful or insuperable
cause.

Examples:
a. 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)
The distance which required a
journey for three days was considered
an insuperable cause.
Note: Under the law, the person
arrested must be delivered to the
nearest judicial authority at most
within 18 hours (now 36 hours, Art.
125 RPC); otherwise, the public officer
will be liable for arbitrary detention.

b. A mother who at the time of childbirth
was overcome by severe dizziness and
extreme debility, and left the child in
a thicket were 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).
The severe dizziness and extreme
debility of the woman constitute an
insuperable cause.

ABSOLUTORY CAUSES - are those where
the act committed is a crime but for
reasons of public policy and sentiment,
there is no penalty imposed.

Other absolutory causes:
1. Spontaneous desistance (Art. 6)
2. Accessories who are exempt from
criminal liability (Art. 20)
3. Death or physical injuries inflicted
under exceptional circumstances (Art.
247)
4. Persons exempt from criminal liability
for theft, swindling and malicious
mischief (Art. 332)
5. Instigation

Entrapment is NOT an absolutory
cause. A buy-bust operation
conducted in connection with illegal
drug-related offenses is a form of
entrapment.

ENTRAPMENT INSTIGATION
1. Ways and
means are
resorted to for the
capture of
lawbreaker in the
execution of his
criminal plan.
1. Instigator
induces the would-
be accused to
commit the crime,
hence he becomes a
co-principal.
2. not a bar to
the prosecution
and conviction of
the lawbreaker
2. it will result in
the acquittal of the
accused.

Chapter Three: Circumstances Which
Mitigate Criminal Liability

ART.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.

One single fact cannot be made the
basis of more than one mitigating
circumstance. Hence, a mitigating
circumstance arising from a single
fact, absorbs all the other mitigating
circumstances arising from the same
fact.


BASIS : Diminution of either freedom of
action intelligence or intent or on the
lesser perversity of the offender.

CLASSES ORDINARY PRIVILEGED
Source Subsections
1-10 of Art.
13 (RPC)
Arts. 68, 69
and 64 of
RPC
As to the
effect
If not offset
(by an
aggravating
circumstanc
e) it will
operate to
have the
penalty
imposed at
its minimum
period,
provided the
penalty is a
divisible one
It operates
to reduce
the penalty
by one to
two degrees
depending
upon what
the law
provides
As to offset May be
offset by
aggravating
circums-
tance
Cannot be
offset

1. INCOMPLETE JUSTIFYING OR
EXEMPTING CIRCUMSTANCES

Applies, when all the requisites
necessary to justify the act are not
attendant.

But in the case of incomplete self-
defense, defense of relatives, and
defense of a stranger, unlawful
aggression must be present, it being
an indispensable requisite.

2. UNDER 18, OR OVER 70 YEARS OLD

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. Nine (9) years of age and below
exempting circumstance. (Art. 12,
par. 2)
2. Over 9 but not more than 15
exempting unless, he acted with
discernment in which case penalty is
reduced to at least two (2) degrees
lower than that imposed. (Art. 12,
par. 3; Art. 68, par. 1)
3. Above 15 but under 18 - regardless of
discernment, penalty is reduced by
one (1) degree lower than that
imposed. (Art. 68 par. 2)
4. Minor delinquent under 18 years of
age, sentence suspended (Art. 192,
PD 603 as amended by PD 1179)
5. 18 years or over full criminal
responsibility.
6. 70 years or over mitigating, no
imposition of death penalty; if
already imposed, execution of death
penalty is suspended and commuted.

BASIS: diminution of intelligence

3. NO INTENTION TO COMMIT SO GRAVE
A WRONG

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.

Intention may be ascertained by
considering:
a) the weapon used
b) the part of the body injured
c) the injury inflicted

BASIS : intent is diminished

4. PROVOCATION OR THREAT

PROVOCATION any unjust or improper
conduct or act of the offended party,
capable of exciting, inciting or irritating
any one.

REQUISITES:
1. The provocation must be sufficient.
2. It must originate from the offended
party.
3. The provocation must be immediate to
the commission of the crime by the
person who is provoked.
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.

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
unlike in sufficient provocation, as
long as the offender is still suffering
from the mental agony brought about
by the offense to him.

PROVOCATION VINDICATION
1. It is made
directly only to the
person committing
the felony.
1. The grave
offense may be
committed also
against the
offenders relatives
mentioned by law.
2. The cause that
brought about the
provocation need
not be a grave
offense.

2. The offended
party must have
done a grave
offense to the
offender or his
relatives mentioned
by law.
3. It is necessary
that the provocation
or threat
immediately
preceded the act.
3. The vindication
of the grave offense
may be proximate,
which admits of an
INTERVAL of time.

5. PASSION OR OBFUSCATION

It requires that:
1. The accused acted upon an impulse.
2. The impulse must be so powerful that
it naturally produced passion or
obfuscation in him.

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.

A mitigating circumstance only when
the same arose from lawful
sentiments.

BASIS: Loss of reasoning and self-
control, thereby diminishing the
exercise of his will power.

WHEN PASSION OR OBFUSCATION NOT
MITIGATING: When committed:
1. In the spirit of lawlessness, or
2. In a spirit of revenge

PASSION/
OBFUSCATION
PROVOCATION
- produced by an
impulse which may
be caused by
provocation
- the provocation
comes from the
injured party.
- the offense need
not be immediate. It
is only required that
the influence thereof
lasts until the
moment the crime is
committed
-must immediately
precede the
commission of the
crime.

7. SURRENDER AND CONFESSION OF
GUILT

REQUISITES OF VOLUNTARY SURRENDER:
1. That the offender had not been
actually arrested;
2. That the offender surrendered himself
to a person in authority or to the
latters agent;
3. That the surrender was voluntary.

WHEN SURRENDER VOLUNTARY
A surrender to be voluntary must be
spontaneous, showing the intent of the
accused to submit himself unconditionally
to the authorities, either because:
1. he acknowledges his guilt; or
2. he wishes to save them the trouble
and expense necessarily incurred in his
search and capture.

REQUISITES OF VOLUNTARY PLEA OF
GUILTY:
1. That the offender spontaneously
confessed his guilt.
2. That the confession of guilt was made
in open court, that is, before the
competent court that is to try the
case; and
3. That the confession of guilt was made
prior to the presentation of evidence
for the prosecution.
BASIS: lesser perversity of the
offender.

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.

BASIS: diminution of element of
voluntariness.

9. ILLNESS OF THE OFFENDER

REQUISITES:

1. That the illness of the offender must
diminish the exercise of his will-
power.
2. That such illness should not deprive
the offender of consciousness of his
acts.

Includes illness of the mind not
amounting to insanity.

BASIS: diminution of intelligence and
intent.

10. SIMILAR AND ANALOGOUS
CIRCUMSTANCES

EXAMPLES:
1) Impulse of jealousy, similar to passion
and obfuscation.
2) Testifying for the prosecution,
analogous to plea of guilty

Chapter Four: Circumstances which
Aggravate Criminal Liability (Art. 14)

Aggravating circumstances are 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:
They are based on the 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,
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 which apply to all
crimes, such as:
a) Advantage taken of public
position;
b) Contempt or insult of public
authorities;
c) Crime committed in the dwelling
of the offended party;
d) Abuse of confidence or obvious
ungratefulness;
e) Place where crime is committed;
f) Nighttime, uninhabited place, or
band;
g) Recidivism (reincidencia);
h) Habituality (reiteracion);
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.
a) Disregard of rank, age or sex due
the offended party;
b) Abuse of superior strength or
means be employed to weaken the
defense;
c) Treachery (alevosia);
d) Ignominy;
e) Cruelty;
f) Use of unlicensed firearm in the
murder or homicide committed
therewith (RA 8294).

3. Qualifying those that change the
nature of the crime.
Alevosia (treachery) or evident
premeditation qualifies the killing
of a person to murder.
Art. 248 enumerates the qualifying
aggravating circumstances which
quality the killing of 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;
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.

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).

GENERIC
AGGRAVATING
CIRCUMSTANCE
QUALIFYING
AGGRAVATING
CIRCUMSTANCE
As to its effect
Increases the penalty
which should be
imposed upon the
accused to the
maximum period but
without exceeding
the limit prescribed
by law.
To give the crime its
proper and exclusive
name and to place
the author thereof in
such a situation as to
deserve no other
penalty than that
specially prescribed
by law for said
crime.
As to whether it can be offset by a
mitigating circumstance
May be offset by a
mitigating
circumstance.
Cannot be offset by a
mitigating
circumstance

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 therefor, shall not be
taken into account for the purpose
of increasing the penalty.
EXAMPLE: That the crime be
committed by means of
fire,explosion (Art. 14, par. 12) is
in itself a crime of arson (Art. 321) or
a crime involving destruction (Art.
324). It is not to be considered to
increase the penalty for the crime of
arson or for the crime involving
destruction.
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)
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 are attendant. (Art. 62,
par. 3)
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. Except 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)
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.

ART. 14 AGGRAVATING
CIRCUMSTANCES

Par. 1. That advantage be taken by
the offender of his public position.

Applicable only when the offender is a
public officer.
The offender must have abused his
public position or at least use of the
same facilitated the commission of the
offense.
This circumstance cannot be taken
into consideration in offenses where
taking advantage of official position is
made by law an integral element of
the crime, such as in malversation
under Art. 217, or in falsification of a
document committed by public
officers under Art. 171.
Taking advantage of a public position
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).


Par. 2 That the crime be committed in
contempt of or with insult to the public
authorities.

REQUISITES OF THIS CIRCUMSTANCE:
1. That the public authority is engaged in
the exercise of his functions.
2. That he who is thus engaged in the
exercise of said functions is not the
person against whom the crime is
committed.
3. The offender knows him to be a public
authority.
4. His presence has not prevented the
offender from committing the criminal
act.

Public authority sometimes also called a
person in authority, is a public officer who
is directly vested with jurisdiction, that is,
a public officer who has the power to
govern and execute the laws; like a
mayor, councilor, governor, barangay
captain and barangay chairman.

A teacher or professor of a public or
recognized private school is not a
public authority within the
contemplation of this paragraph.
While he is a person in authority under
Art. 152, that status is only for
purposes of Art. 148 (direct assault)
and Art. 152 (resistance and
disobedience).

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.

The four circumstances enumerated
should be considered as one
aggravating circumstance only.
Disregard of rank, age or sex is
essentially applicable only to crimes
against person or honor. They are not
taken into account in crimes against
property.
To be appreciated as an aggravating
circumstance, there must be evidence
that in the commission of the crime,
the offender deliberately intended to
offend or insult the sex, age and rank
of the offended party.
Rank of the offended party is the
designation or title of distinction used to
fix the relative position of the offended
party in reference to others.
- there must be a difference in the
social condition of the offender and the
offended party.

Age of the offended party may refer to
old age or the tender age of the victim.

Sex of the offended party refers to the
female sex, not to the male sex.

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. in parricide,
abduction, seduction and rape)

Disregard of sex and age are not
absorbed in treachery because
treachery refers to the manner of the
commission of the crime, while
disregard of sex and age pertains to
the relationship of the victim (People
vs. Lapaz, March 31, 1989).

Dwelling 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.
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; it is enough that the victim
was attacked inside his own house,
although the assailant may have
devised means to perpetrate the
assault from without.


WHAT AGGRAVATES THE COMMISSION OF
THE CRIME IN ONES 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.

MEANING OF PROVOCATION IN THE
AGGRAVATING CIRCUMSTANCE OF
DWELLING:
The provocation must be:
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, the
offended party is deemed to have
given the provocation, and the fact
that the crime is committed in the
dwelling of the offended party is not
an aggravating circumstance.
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.

DWELLING IS NOT AGGRAVATING IN THE
FOLLOWING CASES:
1. When both the offender and the
offended party are occupants of the
same house, and this is true even if
offender is a servant in the 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 partys 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.
There must exist a close relation
between the provocation made by
the victim and the commission of
the crime by the accused.

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.

Par. 4 provides two aggravating
circumstances which, if present in the
same case and must be independently
appreciated.
While one may be related to the other
in the factual situation in the case,
they cannot be lumped together as
abuse of confidence requires a special
confidential relationship between the
offender and the victim, but this is not
so in ungratefulness.

REQUISITES OF ABUSE OF CONFIDENCE:
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.
Abuse of confidence is inherent in
malversation (Art. 217), qualified theft
(Art. 310), estafa by conversion or
misappropriation (Art. 315), and
qualified seduction (Art. 337).

REQUISITES OF OBVIOUS
UNGRATEFULNESS
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 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 in his presence, or
(2) where public authorities are
engaged in the discharge of their
duties, or
(3) in a place dedicated to
religious worship.


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.

Cemeteries, however respectable they
may be, are not considered as place
dedicated to the worship of God.

PAR. 5. Where
public authorities
are engaged in
the discharge of
their duties
PAR. 2. Contempt
or insult to public
authorities
In both
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
Public authority
should 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.

When present in the same case and
their element are distinctly palpable
and can subsist independently, they
shall be considered separately.

WHEN NIGHTTIME, UNINHABITED PLACE
OR BAND AGGRAVATING:
1. When it facilitated the commission of
the crime; or
2. When especially sought for by the
offender to insure the commission of
the crime or for the purpose of
impunity; or
3. When the offender took advantage
thereof for the purpose of impunity.

Nighttime (obscuridad) that period of
darkness beginning at end of dusk and
ending at dawn. Nights are from sunset to
sunrise.

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.

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. Thus:
In People vs. Berdida, et. al. (June
30, 1966), nighttime was
considered since it was purposely
sought, and treachery was further
appreciated because the victims
hands and arms were tied together
before he was beaten up by the
accused.
In People vs. Ong, et. al. (Jan. 30,
1975), there was treachery as the
victim was stabbed while lying
face up and defenseless, and
nighttime was considered upon
proof that it facilitated the
commission of the offense and was
taken advantage of by the
accused.

Uninhabited place (despoblado) 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.

What actually determines whether this
aggravating circumstance should be
considered against the accused, aside
from the distance and isolation of the
place, is the reasonable possibility of
the victim receiving or securing aid
from third persons.

Band (en cuadrilla) 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.
The requisite 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.

If one of them was a principal by
inducement, there would be no
cuadrilla but the aggravating
circumstance of having acted with the
aid of armed men may be considered
against the inducer if the other two
acted as his accomplice.


This aggravating circumstance is
absorbed in the circumstance of abuse
of superior strength.
This aggravating circumstance is not
applicable in crimes against chastity.

Par. 7 That the crime be committed on
the occasion of a conflagration,
shipwreck, earthquake, epidemic or
other calamity or misfortune.

REASON FOR THE AGGRAVATION:
The debased form of criminality met in
one who, in the midst of a great calamity,
instead of lending aid to the afflicted,
adds to their suffering by taking advantage
of their misfortune to despoil them.
Therefore it is necessary that the offender
took advantage of the calamity or
misfortune.

with the aid of
(1) armed men or
(2)persons who insure or
afford impunity.

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.

This aggravating circumstance 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
cuadrilla.

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.

Par. 6 By a
band
Par. 8. With the
aid of armed
men
As to their number
Requires more than
three armed
malefactors (i.e., at
least four)
At least two
As to their action
Requires that more
than three armed
malefactors shall
have acted together
in the commission of
an offense.
This circumstance is
present even if one
of the offenders
merely relied on
their aid, for actual
aid is not necessary.

If there are four armed men, aid of
armed men is absorbed in employment
of a band. If there are three armed
men or less, aid of armed men may be
the aggravating circumstance.
Aid of armed men includes armed
women.

Par. 9 That the accused is a recidivist.

REQUISITES:
1. That the offender is on trial for an
offense;
2. That he was previously convicted by
final judgment of another crime;
3. That both the first and the second
offenses are embraced in the same
title of the Code;
4. That the offender is convicted of the
new offense.

MEANING OF at the time of his trial for
one crime.
It is employed in its general sense,
including the rendering of the judgment. 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.

Being an ordinary aggravating
circumstance, recidivism affects only
the periods of a penalty, except in
prostitution and vagrancy (Art. 202)
and gambling (PD 1602) wherein
recidivism increases the penalties by
degrees. No other generic aggravating
circumstance produces this effect.

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.


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.
REASON: Because the Code requires
that to be considered as separate
convictions, at the time of his trial for
one crime the accused shall have been
previously convicted by final judgment
of the other.
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.

Recidivism must be taken into account
no matter how many years have
intervened between the first and
second felonies.

Even if the accused was granted a
pardon for the first offense, but he
commits another felony embraced in
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.
The rule is different in the case of
amnesty which theoretically considers
the previous transgressions as not
punishable.

Par. 10 That the offender has been
previously punished for an offense to
which the law attaches an equal or
greater penalty or for two or more
crimes to which it attaches a lighter
penalty.

REQUISITES of REITERACION or
HABITUALITY:
1. That the accused is on trial for an
offense;
2. That he previously served sentence for
another offense to which the law
attaches an
a) Equal or
b) Greater penalty, or
c) 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

REITERACION RECIDIVISM
As to the first offense
It is necessary that
the offender shall
have served out his
sentence for the
first offense
It is enough that a
final judgment has
been rendered in
the first offense.
As to the kind of offenses involved
The previous and
subsequent offenses
must not be em
braced in the same
title of the Code.
Requires that the
offenses be
included in the
same title of the
Code.

THE FOUR FORMS OF REPETITION ARE:

1. Recidivism (par. 9, Art. 14) where a
person, on separate occasions, is
convicted of two offenses embraced in the
same title in the RPC. This is a generic
aggravating circumstance.

2. Reiteracion or habituality (par. 10, Art.
14) 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. This is a
generic aggravating circumstance.

3. Multi-recidivism or habitual delinquency
(Art. 62, par, 5) 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. This is an extraordinary
aggravating circumstance.

4. Quasi-recidivism (Art. 160) Where a
person commits felony before beginning to
serve or while serving sentence on a
previous conviction for a felony. This is a
special aggravating circumstance.

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
aggravating circumstance cannot apply
to a quasi-recidivist.

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.

in consideration of a price, reward or
promise.


When this aggravating circumstance is
present, 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 as an expression of
his appreciation for the sympathy and
aid shown by the other accused, 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 being sufficient that the offer made
by the principal by inducement be
accepted by the principal by direct
participation before the commission of
the offense.

by means of inundation, fire, poison,
explosion, stranding of a vessel or
intentional damage thereto, derailment
of a locomotive, or by the use of any
other artifice involving great waste and
ruin.

When another aggravating
circumstance already qualifies the
crime, any of these aggravating
circumstances shall be considered as
generic aggravating circumstance only.

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.
PAR. 10 on the
occasion of a
conflagration,
shipwreck, etc.
The crime is
committed by
means of any such
acts involving great
waste or ruin.
The crime is
committed on the
occasion of a
calamity or
misfortune.

with evident premeditation

REQUISITES:
The prosecution must prove
1. The time when the offender
determined to commit the crime;
2. An act manifestly indicating that the
culprit has clung to his determination;
and
3. A sufficient lapse of time between the
determination and execution, to allow
him to reflect upon the consequences
of his act and to allow his conscience
to overcome the resolution of his will.

To establish evident premeditation, it
must be shown that there was a period
sufficient to afford full opportunity for
meditation and reflection, a time
adequate to allow the conscience to
overcome the resolution of the will, as
well as outward acts showing the
intent to kill. It must be shown that
the offender had sufficient time to
reflect upon the consequences of his
act but still persisted in his
determination to commit the crime.
(PEOPLE vs. SILVA, et. al., GR No.
140871, August 8, 2002)

The essence of evident premeditation
is that 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)

Evident premeditation is presumed to
exist when conspiracy is directly
established. When conspiracy is
merely implied, evident premeditation
cannot be presumed, the latter must
be proved like any other fact. (PEOPLE
vs. SAPIGAO, et. al., GR No. 144975,
June 18, 2003)

Premeditation is absorbed by reward
or promise.

When the offender decides to kill a
particular person and premeditated on
the killing of the latter, but when he
carried out his plan he actually killed
another person, it cannot properly be
said that he premeditated on the
killing of the actual victim.

But 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.

Par. 14 That (1) craft, (2) fraud, or (3)
disguise be employed


Craft (astucia) involved the use of
intellectual trickery or cunning on the part
of the accused.
- it is a chicanery
resorted to by the accused to aid in the
execution of his criminal design. It is
employed as a scheme in the execution of
the crime.

Fraud (fraude) insidious words or
machinations used to induce the victim to
act in a manner which would enable the
offender to carry out his design.

FRAUD CRAFT
Where there is a
direct inducement
by insidious words
or machinations,
fraud is present.
The act of the
accused done in
order not to arouse
the suspicion of the
victim constitutes
craft.

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 where they are adopted
for a different purpose in the
commission of the crime.

For instance:
In People vs. San Pedro (Jan. 22,
1980), where the accused
pretended to hire the driver in
order to get his vehicle, it was
held that there was craft directed
to the theft of the vehicle,
separate from the means
subsequently used to treacherously
kill the defenseless driver.
In People vs. Masilang (July 11,
1986) there was also craft where
after hitching a ride, the accused
requested the driver to take them
to a place to visit somebody, when
in fact they had already planned
to kill the driver.

Disguise (disfraz) resorting to any
device to conceal identity.

The test of disguise is whether the
device or contrivance resorted to by
the offender was intended to or did
make identification more difficult,
such as the use of a mask or false hair
or beard.

The use of an assumed name in the
publication of a libel constitutes
disguise.

Par. 15 That (1) advantage be taken of
superior strength, or (2) means be
employed to weaken the defense.

Par. 15 enunciates two aggravating
circumstances, namely, that
advantage was taken of superior
strength, or that means were
employed by the offender to weaken
the defense of the victim, either of
which qualifies a killing to murder.

MEANING OF advantage be taken:
To deliberately use excessive force that is
out of proportion to the means for self-
defense available to the person attacked.
(PEOPLE vs. LOBRIGAS, et. al., GR No.
147649, December 17, 2002)

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. It is generally
accepted that the husband is
physically stronger than 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.

by a band abuse of
superior
strength
The element of
band is appreciated
when the offense is
committed by more
than three armed
malefactors
regardless of the
comparative
strength of the
victim or victims.
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.
Hence, 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).

Means employed to weaken defense -
the offender employs means that
materially weakens the resisting power of
the offended party.

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.
3. When the offender, who had the
intention to kill the victim, made the
deceased intoxicated, thereby
materially weakening the latters
resisting power.

This circumstance is applicable only to
crimes against persons, and sometimes
against person and property, such as
robbery with physical injuries or
homicide.

with treachery (alevosia).

Treachery (alevosia) 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
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. Accordingly, in the special
complex crime of robbery with
homicide, treachery but can be
appreciated insofar as the killing is
concerned.
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 victims
helpless position was accidental.
Treachery must be appreciated in the
killing of a child even if the manner of
attack is not shown. It exists in the
commission of the crime when the
adult person illegally attacks a child of
tender years and causes his death.

WHEN MUST TREACHERY BE PRESENT:
When the aggression is continuous,
treachery must be present in the beginning
of the assault. (PEOPLE vs. MANALAD, GR
No. 128593, August 14, 2002)
Thus, even if the deceased was
shot while he was lying wounded

on the ground, it appearing that
the firing of the shot was a mere
continuation of the assault in
which the deceased was wounded,
with no appreciable time
intervening between the delivery
of the blows and the firing of the
shot, it cannot be said that the
crime was attended by treachery.

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.
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.

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. (The rule is different in
evident premeditation).
3. There was error in personae, hence
the victim was not the one intended
by the accused. (A different rule is
applied in evident premeditation).
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:
1. Craft
2. Abuse of superior strength
3. Employing means to weaken the
defense
4. Cuadrilla (band)
5. Aid of armed men
6. Nighttime

Par. 17 That means be employed or
circumstances brought about which add
ignominy to the natural effects of the
act.

Ignominy is a circumstance pertaining to
the moral order, which adds disgrace and
obloquy to the material injury caused by
the crime.

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. Thus it is incorrect to
appreciate ignominy where the victim was
already dead when his body was
dismembered, for such act may not be
considered to have added to the victims
moral suffering or humiliation. (People vs.
Carmina, G.R. No. 81404, January 28,
1991)

Applicable to crimes against chastity,
less serious physical injuries, light or
grave coercion, and murder.

after an unlawful entry.

Unlawful entry when an entrance is
effected by a way not intended for the
purpose.

Unlawful entry must be a means to
effect entrance and not for escape.

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.

Par. 19 That as a means to the
commission of a crime, a wall, roof,
floor, door, or window be broken.

This circumstance is aggravating only
in those cases where the offender
resorted to any of said means to enter
the house. If the wall, etc., is broken
in order to get out of the place, it is
not an aggravating circumstance.
PAR. 19 PAR. 18
It involves the
breaking
(rompimiento) of
the enumerated
parts of the house.
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.

(1) with the aid of persons under
fifteen years of age, or
(2) by means of motor vehicles,
airships, or other similar means.

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 going to the place of the
crime, in carrying away the effects
thereof, and 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.

Cruelty there 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 not inherent in crimes
against persons. In order for it to be
appreciated, there must be positive
proof that the wounds found on the
body of the victim were inflicted while
he was still alive in order
unnecessarily to prolong physical
suffering.

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.

IGNOMINY
(PAR.17)
CRUELTY (PAR.
21)
Involves moral
suffering
Refers to physical
suffering

Unlike mitigating circumstances (par.
10, Art. 13), there is no provision for
aggravating circumstances of a similar
or analogous character.

ART. 15 ALTERNATIVE
CIRCUMSTANCES

Alternative circumstances are those
which must be taken into consideration as
aggravating or mitigating according to the
nature and effects of the crime and the
other conditions attending its commission.

BASIS:
The nature and effects of the crime and
the other conditions attending its
commission.

THE ALTERNATIVE CIRCUMSTANCES ARE:
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
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:
1. The relationship of stepfather or
stepmother and stepson or
stepdaughter.
REASON: It is the duty of the
stepparents to bestow upon their
stepchildren a mothers/fathers
affection, care and protection.
2. The relationship of adopted parent
and adopted child.
But the relationship of uncle and niece
is not covered by any of the
relationship mentioned.

WHEN RELATIONSHIP MITIGATING AND
WHEN AGGRAVATING:
1. As a rule, relationship is mitigating in
crimes against property, by analogy to
the provisions of Art. 332.
Thus, relationship is mitigating in
the crimes of robbery (Arts. 294-
302), usurpation (Art. 312),
fraudulent insolvency (Art. 314)
and arson (Arts. 321-322, 325-
326).

2. In crimes against persons
a) It is aggravating where the
offended party is a relative of
I. a higher degree than the
offender, or
II. when the offender and the
offended party are relatives of
the same level (e.g. brothers)
b) But when it comes to physical
injuries:
i. It is aggravating when the
crime involves serious physical
injuries (Art. 263), even if the
offended party is a descendant
of the offender. But the
serious physical injuries must
not be inflicted by a parent
upon his child by excessive
chastisement.
ii. It is mitigating when the
offense committed is less
serious physical injuries or
slight physical injuries, if the
a lower degree.
iii. It is aggravating if the
a higher degree of the
offender.
c) When the crime is homicide or
murder, relationship is aggravating
even if the victim of the crime is a
relative of a lower degree.
d) In rape, relationship is aggravating
where a stepfather raped his
stepdaughter or in a case where a
father raped his own daughter.
3. In crimes against chastity, like 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).

WHEN INTOXICATION MITIGATING AND
WHEN AGGRAVATING:
1. Mitigating
i. If intoxication is not habitual, or
ii. If intoxication is not subsequent to
the plan to commit a felony.
2. Aggravating
i. If intoxication is habitual, or
ii. If it is intentional (subsequent to
the plan to commit a felony).

TO BE ENTITLED TO THE MITIGATING
CIRCUMSTANCE OF INTOXICATION, IT
MUST BE SHOWN:
1. 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
2. That such intoxication is not habitual,
or subsequent to the plan to commit
the felony.
To be mitigating, the accuseds 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.

Instruction or education
as an alternative circumstance,
does not refer only to literary but more to
the level of intelligence of the accused.
- refers to the lack of sufficient
intelligence and knowledge of the full
significance of ones acts.
- 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:

1. Crimes against property (e.g. arson,
estafa, theft, robbery)
2. Crimes against chastity, and
3. Treason because love of country
should be a natural feeling of every
citizen, however unlettered or
uncultured he may be.

TITLE TWO: PERSONS CRIMINALLY LIABLE
FOR FELONIES

ART. 16 WHO ARE CRIMINALLY
LIABLE

FOR GRAVE AND LESS GRAVE FELONIES
1. Principals
2. Accomplices
3. Accessories

FOR LIGHT FELONIES
1. Principals
2. Accomplices

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 maybe 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.
2. Passive subject (the injured party)
Is the holder of the injured right:
the man, the juristic person, the
group, and the State.

Only natural persons can be the active
subject of crime because of the highly
personal nature of the criminal
responsibility.

However, corporation and partnership
can be a passive subject of a crime.

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.

This article applies only when the
offenders are to be judged by their
individual, and not collective, liability.

ART. 17 PRINCIPALS

THE FOLLOWING ARE PRINCIPALS:

1. Those who take a direct part in the
execution of the act (PRINCIPAL BY
DIRECT PARTICIPATION)
2. Those who directly force or induce
others to commit it (PRINCIPAL BY
INDUCTION)
3. Those who cooperate in the
commission of the offense by another
act without which it would not have
been accomplished (PRINCIPAL BY
INDISPENSABLE COOPERATION).

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.

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.

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.

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).

TWO WAYS OF BECOMING PRINCIPAL BY
INDUCTION:
1. By directly forcing another to commit
a crime by
a) Using irresistible force.
b) Causing uncontrollable fear.
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.
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.

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.

PRINCIPAL BY
INDUCEMENT
OFFENDER WHO
MADE PROPOSAL
TO COMMIT A
FELONY
In both

There is an inducement to commit a crime
When liable

Becomes liable only
when the crime is
committed by the
principal by direct
participation.

The mere proposal
to commit a felony is
punishable in
treason or rebellion.
However, the 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
or rebellion.

EFFECTS OF ACQUITTAL OF PRINCIPAL
BY DIRECT PARTICIPATION UPON
LIABILITY OF PRINCIPAL BY INDUCEMENT:
1. Conspiracy is negatived by the
acquittal of co-defendant.
2. 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
2. Cooperation in the commission of the
offense by performing another act,
without which it would not have been
accomplished.


MEANING OF cooperation in the
commission of the offense
Means 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.

If the cooperation is not indispensable,
the offender is only an accomplice.

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 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.

ART. 18 ACCOMPLICES
Accomplices 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 his purpose;
2. That he cooperates in the execution of
the offense by previous or
simultaneous acts, with the intention
of supplying material or moral aid in
the execution of the crime in an
efficacious way; and
3. That there be a relation between the
acts done by the principal and those
attributed to the person charged as an
accomplice.

Before there could be an accomplice,
there must be a principal by direct
participation.
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.

ART. 19 ACCESSORIES
Accessories are those who
- having knowledge of the commission of
the crime, and
- without having participated therein
either as principals or accomplices,
take part subsequent to its commission
in any of the following acts:

1. By profiting themselves or assisting the
offender to profit by the effects of the
crime.
2. Assisting the offender to profit by the
effects of the crime.
3. By concealing or destroying the body
of the crime to prevent its discovery.

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.

TWO CLASSES OF ACCESSORIES
CONTEMPLATED IN PAR. 3 OF ART. 19
a) 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:
1. The accessory is a public officer.
2. He harbors, conceals, or assists in
the escape of the principal.
3. The public officer acts with abuse
of his public functions.

4. The crime committed by the
principal is any crime, provided it
is not a light felony.

b) 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.

Requisites:
1. The accessory is a private person.
2. He harbors, conceals or assists in
the escape of the author of the
crime.
3. The crime committed by the
principal is either:
i. Treason,
ii. Parricide,
iii. Murder,
iv. An attempt against the life of
the President, or
v. That the principal is known to be
habitually guilty of some other
crime.

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 accessorys
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).

The prescribed acts of the accessory
under par. 2 must have been intended
to prevent the discovery of the crime,
hence, mere silence does not make
one an accessory. If, however, the
crime involved is a conspiracy to
commit treason, his silence may hold
him liable for misprision of treason
(Art. 116) but as a principal thereof.

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.

Anti-Fencing Law of 1979
Pres. Decree 1612
Fencing 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 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.

ART. 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 ones name, which compels one to
conceal crimes committed by relatives
so near as those mentioned in this
article.

AN ACCESSORY IS EXEMPT FROM CRIMINAL
LIABLITY 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.

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.

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 benefits of the exception in Art.
20 do not apply to PD 1829.

TITILE THREE: PENALTIES

Chapter One: Penalties in General (Arts.
21-24)

Penalty is the suffering that is inflicted
by the State for the transgression of the
law.

DIFFERENT JURIDICAL CONDITIONS OF
PENALTY
1. Must be productive of suffering,
without however affecting the
integrity of the human personality.
2. Must be commensurate with the
offense different crimes must be
punished with different penalties.
3. Must be personal no one should be
punished for the crime of another.
4. Must be legal it is the consequence of
a judgment according to law.
5. Must be certain no one may escape
its effects.
6. Must be equal for all.
7. Must be correctional.

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.

THEORIES JUSTIFYING PENALTY:
1. Prevention to prevent or suppress the
danger to the State arising from the
criminal act of the offender.

2. Self-defense so as to protect society
from the threat and wrong inflicted by
the criminal.

3. Reformation the object of
punishment in criminal cases is to
correct and reform the offender.

4. Exemplarity the criminal is punished
to serve as an example to deter others
from committing crimes.

5. Justice that crime must be punished
by the State as an act of retributive
justice, a vindication of absolute right
and moral law violated by the
criminal.

THREE-FOLD PURPOSE OF PENALTY
UNDER THE CODE:
1. Retribution or expiation the penalty
is commensurate with the gravity of
the offense.
2. Correction or reformation shown by
the rules which regulate the execution
of the penalties consisting in
deprivation of liberty.
3. Social defense shown by its inflexible
severity to recidivists and habitual
delinquents.

ART. 21 PENALTIES THAT MAY BE
IMPOSED

A felony shall be punishable only
by the penalty prescribed by law at the
time of its commission.
It is a guaranty to the citizen of
this country that no acts of his,
will be considered criminal until
the Government has made it so by
law and has provided a penalty.
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.

ART. 22 RETROACTIVE EFFECT OF
PENAL LAWS

GENERAL RULE: Penal laws are applied
prospectively.
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.

Habitual delinquent a person who,
within a period of ten years from the date
of his release or last conviction of the
crimes of serious or less serious physical
injuries, robbery, theft, estafa, or
falsification, is found guilty of any said
crimes a third time or oftener.

EX POST FACTO LAW
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:
1. presently on trial for the offense;
2. has already been sentenced but
service of which has not begun; or
3. already serving sentence

The retroactive effect of criminal
statutes does not apply to the culprits
civil liability.
REASON: The rights of offended
persons or innocent third parties are
not within the gift of arbitrary disposal
of the State.

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.

ART. 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.

EXCEPTION - Pardon by the offended
party will bar criminal prosecution in the
following crimes:

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.

Seduction, Abduction, Acts of
Lasciviousness (Art. 344, RPC)

EXPRESS pardon given by
offended party or her parents or
grandparents or guardian
- 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.

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.

Nevertheless, civil liability may be
extinguished by the EXRESS WAIVER of
the offended party.

AN OFFENSE CAUSES
TWO CLASSES OF INJURIES:
SOCIAL INJURY PERSONAL INJURY
Produced by the
disturbance and
alarm which are the
outcome of the
offense.

Caused to the victim
of the crime who
suffered damage
either to his person,
to his property, to his
honor or to her
chastity.

Is sought to be
repaired through
the imposition of
the corresponding
penalty.
Is repaired through
indemnity.
The offended party
cannot pardon the
offender so as to
relieve him of the
penalty.
The offended party
may waive the
indemnity and the
State has no reason to
insist in its payment.

ART. 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.
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:
1. Because 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.
2. 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 a
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)

ART. 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.
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
i. Divisible are those that
have fixed duration and
are divisible into three
periods.
ii. Indivisible are those
which have no fixed
duration. These are:
1) Death
2) Reclusin perpetua
3) Perpetual absolute or
special disqualification
4) 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,
prision, arresto).
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:
I. Perpetual absolute
disqualification is a principal
penalty in prevaricacion (Art.
204) and perpetual special
disqualification, in malversation
(Art. 217).
II. 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).
III. 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).

ART. 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 to Bond to
keep the peace by analogy.

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.

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).
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 loss
of its power to enforce the judgment
against the convict.

Chapter Three: Duration and Effects of
Penalties (Arts. 27-45)

Section One Duration of Penalties
ART. 27 DURATION OF EACH
DIFFERENT PENALTIES

1. Reclusin perpetua 20 yrs. and 1 day
to 40 yrs.
2. Reclusin temporal 12 yrs. and 1 day
to 20 yrs.
3. Prisin mayor and temporary
disqualification 6 yrs. and 1 day to 12
yrs., except when disqualification is an
accessory penalty, in which case its
duration is that of the principal
penalty.
4. Prisin correccional, suspensin, and
destierro 6 mos. and 1 day to 6 yrs.,
except when suspensin is an
accessory penalty, in which case its
duration is that of the principal
penalty.
5. Arresto mayor 1 mo. And 1 day to 6
mos.
6. Arresto menor 1 day to 30 days
7. Bond to keep the peace the period
during which the bond shall be
effective is discretionary on the court.

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)
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.

ART. 28 COMPUTATION OF
PENALTIES

1. When the offender is in prison the
duration of temporary penalties is
from the day on which the judgment
of conviction becomes final.
2. When the offender is not in prison
the duration of 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.
3. The duration of other penalties the
duration is from the day on which the
offender commences to serve his
sentence.

ART. 29 PERIOD OF PREVENTIVE
IMPRISONMENT DEDUCTED FROM TERM
OF IMPRISONMENT

Preventive imprisonment 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.

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.

Section Two Effects of the penalties
according to their respective nature.

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.

Perpetual absolute disqualification is
effective during the lifetime of the
convict and even after the service of
the sentence.

Temporary absolute disqualification
lasts during the term of the sentence,
and is removed after the service of the
same, EXCEPT:
1) Deprivation of the public office or
employment, and
2) Loss of all rights to retirement pay
or other pension for any office
formerly held.

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.

CIVIL INTERDICTION IN ART. 34 IS
IMPOSED WHEN THE PENALTY IS:
1. Death which is not carried out,
2. Reclusin perpetua,or
3. Reclusin temporal

ART. 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.
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 EXECUTIVE
(ART. 36)
PARDON BY
OFFENDED PARTY
(ART. 23)
As to the crime covered

Can extend to any
crime, unless
otherwise provided
by or subject to
conditions in the
Constitution or the
laws.

Applies only to
crimes against
chastity under the
RPC.
As to extinguishment of criminal
liability
Extinguishes
criminal liability.
Does not extinguish
criminal liability
although it may
constitute a bar to
the prosecution of
the offender.

At to the effect on civil liability
Cannot affect the
civil liability ex
delicto of the
offender.
The offended party
can waive the civil
liability.
When granted
Can be extended
only after
conviction by final
judgment of the
accused.
Can be validly
granted only before
the institution of
the criminal action.
To whom granted
To any or all of the
accused
In adultery and
concubinage, must

include both
offenders.
As to whether it can be conditional
May be absolute or
conditional
Cannot validly be
made subject to a
condition.

ART. 37 COSTS

Costs or costs of suit 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.

Are chargeable to the accused only in
cases of conviction. In case of
acquittal, the costs are de oficio,
meaning each party bearing his own
expenses.

The payment of costs is a matter that
rests entirely upon the discretion of
courts.

ART. 38 - PECUNIARY LIABILITIES

What are the pecuniary liabilities of
persons criminally liable?
They are, in the following order:
1. The reparation of the damage caused
2. Indemnification of the consequential
damages
3. Fine
4. Costs of proceedings.

When is Art.38 applicable?
In case the property of the offender should
not be sufficient for the payment of all his
pecuniary liabilities.

ART. 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 PENALTY
1. If the penalty imposed is prisin
correccional or arresto and fine
subsidiary imprisonment is not 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. When the penalty imposed is 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. When the penalty imposed is higher
than prisin correccional no
subsidiary imprisonment.
4. If the penalty imposed is not to be
executed by confinement, but of fixed
duration subsidiary penalty shall
consist in the same deprivations as
those of the principal penalty, under
the same rules as nos. 1, 2 and 3
above.
5. 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.

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
prisin 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 costs, and

4. Where the penalty imposed is a fine
and another penalty without fixed
duration, like censure.

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

OUTLINE OF ACCESSORY PENALTIES
INHERENT IN PRINCIPAL PENALTIES
1. Death, when not executed by reason
of commutation or pardon
i. Perpetual absolute
disqualification, and
ii. Civil interdiction during 30 years,
if not expressly remitted in the
pardon.

2. Reclusin perpetua and reclusin
temporal
i. Civil interdiction for life or during
the sentence, and
ii. Perpetual absolute
disqualification, unless expressly
remitted in the pardon of the
principal penalty.

3. Prisin mayor
i. Temporary absolute
disqualification, and
ii. Perpetual special disqualification
from suffrage, unless expressly
remitted in the pardon of the
principal penalty.

4. Prisin correccional
i. Suspension from public office,
profession or calling, and
ii. 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.

5. Arresto suspension of the right to
hold office and the right of suffrage
during the term of the sentence.

The Code does not provide for any
accessory penalty for destierro.

RECLUSION
PERPETUA
LIFE
IMPRISONMENT
Has a specific
duration of 20 years
and 1 day to 40 years
and accessory
penalties.

Has no definite term
or accessory
penalties.
Imposable on
felonies punished by
the RPC.
Imposable on crimes
punishable by special
laws.

ART. 45 CONFISCATION AND
FORFEITURE OF THE PROCEEDS OF THE
CRIME

OUTLINE OF THE PROVISION OF THIS
ARTICLE
1. Every penalty imposed carries with it
the forfeiture of the proceeds of the
crime and the instruments or tools
used in the commission of the crime.
2. The proceeds and instruments or tools
of the crime are confiscated and
forfeited in favor of the Government.
3. Property of a third person not liable
for the offense, is not subject to
confiscation and forfeiture.
4. Property not subject of lawful
commerce (whether it belongs to the
accused or to third person) shall be
destroyed.

The confiscation and forfeiture of the
proceeds and instruments of a crime is
an accessory penalty.

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,
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.


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.

ART. 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.
EXCEPT: 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) the stages of execution
(consummated, frustrated, or
attempted); and
b) the 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.

ART. 47 CASES WHEREIN THE DEATH
PENALTY SHALL NOT BE IMPOSED
1. UNDER AGE. When the offender is
below 18 years of age at the time of
the commission of the crime.
2. OVER AGE. When the guilty person is
more than seventy (70) years of age.
3. NO COURT MAJORITY. When upon
appeal or automatic review of the case
by the Supreme Court, the vote of
eight members is not obtained for the
imposition of the death penalty.

Automatic review is available only in
cases where death penalty is imposed
(R.A. 7659).

CRIMES PUNISHABLE BY DEATH UNDER
THE DEATH PENALTY LAW (RA 7659)
1. Treason
2. Qualified Piracy
3. Qualified Bribery
4. Parricide
5. Murder
6. Infanticide
7. Kidnapping and Serious Illegal
Detention
8. Robbery with Homicide, Rape,
Intentional Mutilation, or Arson
9. Rape with the use of a deadly
weapon, or by two or more persons
- where the victim became
insane
- with Homicide
10. Qualified Rape
11. Destructive Arson
12. Plunder
13. Violation of certain provisions of the
Dangerous Drugs Act
14. Carnapping

ART. 48 COMPLEX CRIMES

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.

TWO KINDS OF COMPLEX CRIMES:
1. COMPOUND CRIME (delito
compuesto) a single act
constitutes 2 or more grave or less
grave felonies.
REQUISITES:
1. That only a single act is
performed by the offender;
2. That the single act produces:
(1) two or more grave
felonies, or (2) one or more
grave and one or more less
grave felonies.

2. COMPLEX CRIME PROPER (delito
complejo) an offense is a
necessary means for committing the
other.
REQUISITES:
1. That at least two offenses are
committed;
2. That one or some of the
offenses must be necessary to
commit the other;
3. That both or all of the
offenses must be punished
under the same statute.

NO COMPLEX CRIME IN THE FOLLOWING
CASES
1. In case of continuing 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.
Art. 48 does not apply when the law
provides one single penalty for special
complex crime. These include
Robbery with Homicide
Robbery with Rape
Rape with Homicide
Kidnapping with Serious
Physical Injuries
Kidnapping with Homicide or
Murder

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.

Art. 48 applies to crimes through
negligence. E.g.: offender found guilty
of a complex crime of homicide with
less serious physical injuries through
reckless imprudence.

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.

Plurality of Crimes- consists in the
successive execution, by the same
individual, of different criminal acts,
upon any of which no conviction has yet
been declared.

KINDS:
1. FORMAL OR IDEAL PLURALITY- only
ONE CRIMINAL LIABILITY.
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.
c) When the offender commits
continuing crimes.
2. 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.
CONTINUING CRIME is a single crime,
consisting of a series of acts, but all
arising from ONE CRIMINAL RESOLUTION;
length of time in the commission is
immaterial.

REAL OR
MATERIAL
PLURALITY
CONTINUED
CRIME
1. There is a series
of acts performed
by the offender
1. There is a series
of acts performed
by the offender
2. Each act
performed by the
offender constitutes
a separate crime,
each act is
generated by a
criminal impulse
2. The different acts
constitute only one
crime, all of the
acts performed arise
from one criminal
resolution

ART. 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.
3. If the act committed also constitutes
an attempt or frustration of another
crime, and the law prescribes a higher
penalty for either of the latter, the
penalty for the attempted or
frustrated crime shall be imposed in
its maximum period.

ART. 59. PENALTY TO BE IMPOSED IN
CASE OF FAILURE TO COMMIT THE CRIME
BECAUSE THE MEANS EMPLOYED OR THE
AIMS SOUGHT ARE IMPOSSIBLE

The penalty for impossible crime is Arresto
Mayor (imprisonment of 1 mo and 1 day to
6 mos) 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

ART. 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:

CONSUM-
MATED

FRUS-
TRATED

ATTEMP-
TED

Prin

0

1

2

Accom

1

2

3

Acces

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. 64. The other
figures represent the degrees to which the
penalty must be lowered, to meet the
different situations anticipated by law.

Section Two Rules for the application
of penalties with regard to the
mitigating and aggravating
circumstances, and habitual delinquency

ART. 62. EFFECTS OF THE
ATTENDANCE OF MITIGATING OR
AGGRAVATING CIRCUMSTANCES AND OF
HABITUAL DELIQUENCY

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 DELIQUENCY:
1. that the offender had been convicted
of any of the crimes of serious or less
serious physical injuries, robbery,
theft, estafa or falsification.
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.

Habituality distinguished from recidivism
HABITUAL
DELIQUENCY
RECIDIVISM
As to the CRIMES committed
The crimes are
specified
It is sufficient that
the accused on the
date of his trial,
shall have been
previously
convicted by final
judgment of
another crime
embraced in the
same title.
As to the PERIOD of time the crimes
are committed
The offender is found
guilty within ten
years from his last
release or last
conviction.
No period of time
between the
former conviction
and the last
conviction.
As to the NUMBER of crimes
committed
The accused must be
found guilty the third
time or oftener of
the crimes specified.
The second offense
is for an offense
found in the same
title.
As to their EFFECTS
An additional penalty
is also imposed
If not offset by a
mitigating
circumstance,
serves to increase
the penalty only to
the maximum

ART. 63 RULES FOR THE APPLICATION OF
INDIVISIBLE PENALTIES

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.
d) When both mitigating and
aggravating circumstances are
present, the court shall allow
them to offset one another.

ART. 64 RULES FOR THE APPLICATION
OF PENALTIES, WHICH CONTAIN THREE
PERIODS

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

ART. 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: (1) the
mitigating and aggravating
circumstances; and (2) more
particularly, the wealth or means of
the culprit.
3. The court may also consider: (1) the
gravity of the crime committed; (2)
the heinousness of it s perpetration;
and (3) the magnitude of its effects on
the offenders victims.

ART. 68. PENALTY TO BE IMPOSED
UPON A PERSON UNDER EIGHTEEN YEARS
OF AGE

APPLICATION OF ART. 68:
This article is not immediately
applicable to a minor under 18 years
of age, because such minor, if found
guilty of the offense charged, is not
sentenced to any penalty. The
sentence is suspended and he is
ordered committed to the reformatory
institution, IF, his application
therefore is approved by the court.

This article is applicable when the
minors application for suspension of
sentence is DISAPPROVED or if while in
the reformatory institution he
becomes INCORRIGIBLE, in which case
he shall be returned to the court for
the imposition of the proper penalty.

ART. 70. SUCCESSIVE SERVICE OF
SENTENCE

THE THREE-FOLD RULE

1. THE MAXIMUM DURATION OF THE
CONVICTS 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.
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.

ART. 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. 77. WHEN THE PENALTY IS A
COMPLEX ONE COMPOSED OF THREE
DISTINCT PENALTIES

COMPLEX PENALTY - 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.

INDETERMINATE SENTENCE LAW (ISL)
Act No. 4103 as amended by Act No.
4225

CONCEPT OF INDETERMINATE SENTENCE
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.

A. SENTENCE IN THE ISL
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.

I. IF THE PENALTY IS IMPOSED BY THE
RPC:
1. The Maximum Term is that which
could be properly imposed under the
RPC, considering the aggravating and
mitigating circumstances.
2. The MinimumTerm is within the
range of the penalty one degree lower
than that prescribed by the RPC,
without considering the
circumstances.
BUT when there is a privileged
mitigating circumstance, so that the
penalty has to be lowered by one
degree, the STARTING POINT for
determining the minimum term of the
indeterminate penalty is the penalty
next lower than that prescribed by the
Code for the offense.

II. IF THE PENALTY IS IMPOSED BY
SPECIAL PENAL LAW
a) The Maximum Term must not exceed
the maximum term fixed by said law.
b) The Minimum Term must not be less
than the minimum term prescribed by
the same.

For SPECIAL LAWS, it is anything
within the inclusive range of the
prescribed penalty. Courts are given
discretion in the imposition of the
indeterminate penalty. The
aggravating and mitigating
circumstances are not considered
unless the special law adopts the same
terminology for penalties as those
used in the RPC (such as reclusin
perpetua and the like).

B. WHEN BENEFIT OF THE ISL IS NOT
APPLICABLE:
The Indeterminate Sentence Law shall not
apply to the following persons:
1. sentenced to death penalty or life
imprisonment
2. treason, or conspiracy or proposal to
commit treason
3. misprision of treason, rebellion,
sedition or espionage
4. piracy
5. habitual delinquents
6. escaped from confinement, or evaded
sentence
7. granted with conditional pardon by
the President, but violated the terms
thereof
8. maximum term of imprisonment does
not exceed 1 year
9. sentenced to the penalty of destierro
or suspension only

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:
a) Such prisoner is fitted by his training
for release,
b) There is reasonable probability that he
will live and remain at liberty without
violating the law,
c) 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: (a) show himself to
be a law abiding citizen and, (b) 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: (a) the
Board may issue an order for his arrest,
and thereafter, (b) 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
IS must be fixed, because they are the
basis for the following:
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.

THE CHILD AND YOUTH WELFARE CODE
(PD 603, as amended)

Who is a Youthful Offender?
A youthful offender is a child, minor, or
youth, including one who is emancipated
in accordance with law, who is over nine
years but under eighteen years of age at
the time of the commission of the offense.
A child nine years of age or under at
the time of the commission of the
offense shall be exempt from criminal
liability and shall be committed to the
care of his or her father or mother, or
nearest relative or family friend in the
discretion of the court and subject to
its supervision

The same shall be done for a child
over nine years and under fifteen
years of age at the time of the
commission of the offense, unless he
acted with discernment, in which case
he shall be proceeded against in
accordance with Article 192.

1. The purpose of the Child and Youth
Welfare Code is to avoid a situation
where JUVENILE OFFENDERS would
commingle with ordinary criminals in
prison.
2. If the court finds that the youthful
offender committed the crime charged
against him, it shall DETERMINE the
imposable penalty and the civil
liability chargeable against him.
3. The court may not pronounce
judgment of conviction but instead
SUSPEND all further proceedings if,
upon application of the youthful
offender, it finds that the best
interest of the public and that of the
offender will be served thereby.
4. The benefits of Article 192 of PD 603,
as amended, providing for 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.
5. 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.
6. When the youthful offender has
reached the age of TWENTY-ONE while
in commitment, the court shall
determine whether-
a) 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
b) To PRONOUNCE the judgment of
conviction, if the conditions
mentioned are not met.
7. 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.
8. The final release of a youthful
offender, based on good conduct as
provided in Art. 196 shall not
obliterate his CIVIL LIABILITY for
damages.

9. A minor who is ALREDY AN ADULT at
the time of his conviction is not
entitled to a suspension of sentence.

PROBATION LAW OF 1976
(PD 968, AS AMENDED)

A. CONCEPT
PROBATION is a disposition under
which a defendant after conviction
and sentence is released subject to
conditions imposed by the court and to
the supervision of a probation officer.

B. APPLICATION
This shall apply to all offenders except
those entitled to benefits under PD
603 and similar laws.

C. RULES ON GRANT OF PROBATION
1. After having convicted and sentenced
a defendant, the trial court MAY
SUSPEND the execution of the
sentence, and place the defendant on
probation, upon APPLICATION by the
defendant within the period for
perfecting an appeal.
2. Probation may be granted whether the
sentence imposed a term of
imprisonment or fine only.
3. NO application for probation shall be
entertained or granted if the
defendant has PERFECTED AN APPEAL
from the judgment of conviction.
4. Filing of application for probation
operates as a WAIVER OF THE RIGHT
TO APPEAL.
5. The application shall be filed with the
trial court, and the order granting or
denying probation shall NOT BE
APPEALABLE.
6. Accessory penalties are deemed
suspended once probation is granted.

D. 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.

E. 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.

F. 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.

G. 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 the
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.

H. CONDITIONS OF PROBATION
2 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
probationers Constitutional rights are
not jeopardized. Also, they must not
be unduly restrictive of probationer,
and not incompatible with the
freedom of conscience of probationer.

I. 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.

J. ARREST OF PROBATIONER 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.
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.

K. 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.

L. EFFECTS OF TERMINATION
OF PROBATION
1. Case is deemed terminated.
2. Restoration of all civil rights lost or
suspended.
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.

Chapter Five: Execution and Service of
Penalties (Arts. 78-88)

ART. 83. SUSPENSION OF THE
EXECUTION OF THE DEATH SENTENCE

Death sentence shall be suspended when
accused is a:
1. Woman, while pregnant,
2. Woman, within one year after
delivery,
3. Person over 70 years of age;
4. Convict who becomes insane, after
final sentence of death has been
pronounced.

ART. 87. DESTIERRO

ONLY IN THE FOLLOWING CASES IS
DESTIERRO IMPOSED:
1. Death or serious physical injuries is
caused or are inflicted under
exceptional circumstances (Art. 247);

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.

TITLE FOUR: EXTINCTION OF CRIMINAL
LIABILITY

Chapter One: Total Extinction of

ART. 89. CRIMINAL LIABILITY IS
TOTALLY EXTINGUISHED

HOW CRIMINAL LIABLITY TOTALLY
EXTINGUISHED:
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 or after
final judgment

2. By SERVICE OF SENTENCE;
3. By AMNESTY, which completely
extinguishes the penalty and all its
effects.
4. By ABSOLUTE PARDON
5. By PRESCRIPTION OF THE CRIME
6. By PRESCRIPTION OF PENALTY
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.

AMNESTY 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.

PARDON 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.

Pardon distinguished from amnesty
PARDON AMNESTY

1. Includes any
crime and is
exercised
individually by the
President

1. A blanket pardon
to classes of persons
or communities who
may be guilty of
political offenses.

2. Exercised when
the person is
already convicted

2. May be exercised
even before trial or
investigation is had

3. 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.

3. 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.
4. Does not alter
the fact that the
accused is a
recidivist as it
produces only the
extinction of the
personal effects of
the penalty.
4. Makes an ex-
convict no longer a
recidivist, because it
obliterates the last
vestige of the crime.
5. Does not
extinguish the
civil liability of
the offender
5. Does not
extinguish the civil
liability of the
offender
6. Being PRIVATE
ACT by the
President, must be
pleaded and proved
by the person
pardoned
6. Being a
Proclamation of the
Chief Executive with
the concurrence of
Congress; is a PUBLIC
ACT of which the
courts should take
judicial notice

Prescription of the crime is the
forfeiture or loss of the right of the State
to prosecute the offender, after the lapse
of a certain time.

PRESCRIPTIVE PERIODS OF CRIMES:
1. Crimes punishable by
a) Death, reclusin perpetua or
reclusin 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.
When the penalty fixed by law is a
compound one, the highest
penalty shall be made the basis of
the application of the rules
contained above.
2. Crime of libel 1 year
3. Offenses of oral defamation and
slander by deed 6 months
4. Light offenses 2 months

Prescription of the penalty is the loss or
forfeiture of the right of the government
to execute the final sentence, after the
lapse of a certain time.

PRESCRIPTIVE PERIODS OF PENALTIES:
1. Death and reclusin 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

ART. 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.
2. It is interrupted when the convict
a) gives himself up,
b) is captured,
c) goes to a foreign country with
which we have no extradition
treaty, or
d) commits any crime before the
expiration of the period of
prescription.

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 escape from prison
has not given himself up, or been
captured, or gone to a foreign country
4. 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.

Chapter Two: Partial Extinction of

ART. 94. PARTIAL EXTINCTION OF
CRIMINAL LIABILITY

CRIMINAL LIABILITY IS PARTIALLY
EXTINGUISHED:
1. By CONDITIONAL PARDON;
2. By COMMUTATION OF SERVICE
3. For GOOD CONDUCT ALLOWANCES
which the culprit may earn while he is
serving 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 :
(1) direct his ARREST AND RETURN
TO CUSTODY and thereafter;
(2) to CARRY OUT HIS SENTENCE
WITHOUT REDUCTION of the time that
has elapsed between the date of the
parole and the subsequent arrest.
5. By PROBATION. See Probation Law
page42

Conditional pardon distinguished from
parole
CONDITIONAL
PARDON
PAROLE
1. May be given at any
time after final
judgment; is granted
by the Chief Executive
under the provisions
of the Administrative
Code
1. 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
2. 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
2. 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.

TITLE FIVE: CIVIL LIABILITY

Chapter One: Persons Civilly Liable for
Felonies (Arts. 100-103)
ART. 100. CIVIL LIABILITY OF A
PERSON GUILTY OF FELONY

A CRIME HAS A DUAL CHARACTER:
1. As an offense against the state,
because of the disturbance of the
social order; and
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).

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.

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 OF
THE PHILIPPINES, G.R. No. 154579.
October 8, 2003)

In all these cases, civil liability from
sources other than delict are not
extinguished.

ART. 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.

- No civil liability is imposed in cases
falling under justifying circumstances
EXCEPT: under paragraph 4, 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.

ART. 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.

ART. 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.

Chapter Two: What Civil Liability
Includes (Arts. 104-111)

ART. 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.

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.

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.

- END OF BOOK ONE -

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San Beda College of Law 1

MEMORY AID IN CRIMINAL LAW

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