Memory Aid - Beda PDF

San Beda College of Law
MEMORY AID
IN
CRIMINAL LAW
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.
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.
2005 CENTRALIZED BAR OPERATIONS
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.
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
punishable by the RPC.
or
omissions
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
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 (VCEDP), 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)
MEMORY AID
IN
extent.
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
MALA IN SE
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
accomplishment 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
circumstances
5. As to
degree
of
participation
Mitigating and
aggravating
circumstances
are taken into
account
in
imposing
the
penalty.
When there is
more than one
offender,
the
degree
of
participation of
each in the
commission of
the crime is
taken
into
account.
Mitigating and
aggravating
circumstances
are generally
not taken into
account.
CRIMINAL LAW
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
2. Is an element of
the crime, except in
unintentional
felonies (culpable)
3. Is essential in
intentional felonies
1. Is the moving
power which impels
one to act
2.
Is
element
crime
NOT
of
an
the
3. Is essential only
when the identity of
the perpetrator is in
doubt
ART. 4 CRIMINAL LIABILITY
Degree
of
participation is
generally not
taken
into
account.
All
who
participated in
the act are
punished
to
the
same
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.

Brillante, Jr.
3. Praeter intentionem lack of intent

to commit so grave a wrong.
c) The offenders acts are not stopped
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.
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.
ART. 6 CONSUMMATED,
FRUSTRATED & ATTEMPTED
FELONIES
STAGES OF EXECUTION:
CONSUMMATED FELONY
When all the elements necessary for
its execution and accomplishment
are present.
1. 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
2. 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.
by his own spontaneous desistance.
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.
AND
SUBJECT
CHAIRPERSONS
MEMORY AID
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 preplanned 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.
IN
CRIMINAL LAW
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 coconspirators 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

Brillante, Jr.
penalty of arresto menor or a fine not

exceeding 200 pesos, or both, is
provided.
c) Lack of sufficient provocation on the
ART. 10 OFFENSES NOT SUBJECT

TO THE PROVISIONS OF THE RPC
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.
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
part of
himself.
the
person
defending
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).
AND
SUBJECT
CHAIRPERSONS
MEMORY AID
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;
IN
CRIMINAL LAW
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

Brillante, Jr.
of its illegality
negligent.
and
he
is
not
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.
2.
The act is
considered to have
been done within the
bounds
of
law;
hence,
legitimate
and lawful in the
eyes of the law.
3. Since the act is
considered
lawful,
there is no crime.
1. It affects the actor

not the act.
2.
The
act
complained of is
actually
wrongful,
but the actor is not
liable.
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.
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
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
discernment.
acted
without
DISCERNMENT mental capacity to fully

appreciate the consequences of an
unlawful act.
Discernment maybe shown by:
AND
SUBJECT
CHAIRPERSONS
MEMORY AID
a)
b)
The manner the crime was

committed: or
The conduct of the offender after its
commission.
4.
ACCIDENT WITHOUT FAULT

INTENTION OF CAUSING IT
OR
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.
IN
CRIMINAL LAW
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.

Brillante, Jr.
10
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
mitigating circumstances
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)
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
May
be
offset
by
aggravating
circumstance
Arts. 68, 69
and 64 of
RPC
It operates
to
reduce
the penalty
by one to
two degrees
depending
upon
what
the
law
provides
As to the
effect
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.
2. not a bar to
the
prosecution
and conviction of
the lawbreaker
1.
Instigator
induces the wouldbe
accused
to
commit the crime,
hence he becomes a
co-principal.
2. it will result in
the acquittal of the
accused.
As to offset
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
Cannot
offset
1. INCOMPLETE
JUSTIFYING
EXEMPTING CIRCUMSTANCES
be
OR
Applies, when all the requisites

necessary to justify the act are not
attendant.
Chapter Three: Circumstances Which

Mitigate Criminal Liability
arising
But in the case of incomplete selfdefense, 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)
AND
SUBJECT
CHAIRPERSONS
11
MEMORY AID
2.
3.
4.
5.
6.
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)
Above 15 but under 18 - regardless
of discernment, penalty is reduced
by one (1) degree lower than that
imposed. (Art. 68 par. 2)
Minor delinquent under 18 years of
age, sentence suspended (Art. 192,
PD 603 as amended by PD 1179)
18 years or over full criminal
responsibility.
70 years or over mitigating, no
imposition of death penalty; if
already imposed, execution of
death penalty is suspended and
commuted.
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.
CRIMINAL LAW
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.
IN
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 offended
party must have
done
a
grave
offense
to
the
offender
or
his
relatives mentioned
by law.
3. The vindication
of the grave offense
may be proximate,
which admits of an
INTERVAL of time.
2. The cause that

brought about the
provocation
need
not be a grave
offense.
3. It is necessary
that the provocation
or
threat
immediately
preceded the act.
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:

Brillante, Jr.
12
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 selfcontrol, thereby diminishing

exercise of his will power.
the
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 offense need
not be immediate. It
is only required that
the influence thereof
lasts
until
the
moment the crime is
committed
- the provocation
comes
from
the
injured party.
7.
-must
immediately
precede
the
commission of the
crime.
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
AND
SUBJECT
CHAIRPERSONS
13
MEMORY AID
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.
IN
CRIMINAL LAW
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).
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.
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.
KINDS
OF
CIRCUMSTANCES:
4. Inherent those which of necessity
AGGRAVATING
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.
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);

Brillante, Jr.
14
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
QUALIFYING
AGGRAVATING
AGGRAVATING
CIRCUMSTANCE
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.
AND
SUBJECT
CHAIRPERSONS
15
MEMORY AID
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
IN
CRIMINAL LAW
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

Brillante, Jr.
16
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
AND
SUBJECT
CHAIRPERSONS
17
MEMORY AID
IN
CRIMINAL LAW
(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.

(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
PAR. 2. Contempt
public authorities or insult to public
are engaged in
authorities
the discharge of
their duties
In both
Public authorities are in the performance of

their duties
Place where public duty is performed
In their office.
Outside
office.
of
their
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.

Brillante, Jr.
18
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.
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.

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.
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.

with the aid of
(1) armed men or
(2)persons who insure or
afford impunity.
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.
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.
Band (en cuadrilla) whenever more

than three (i.e., at least four) armed
AND
SUBJECT
CHAIRPERSONS
19
MEMORY AID
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. 8. With the
ba
aid of armed
nd
men
As to their number
At least two
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.
This circumstance is
present even if one
of
the
offenders
merely relied on
their aid, for actual
aid is not necessary.
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 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;
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
As to their action
Requires that more
than three armed
malefactors
shall
have acted together
in the commission of
an offense.
CRIMINAL LAW
2. That he was previously convicted by
Par. 6 By a
Requires more than

three
armed
malefactors (i.e., at
least four)
IN
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.

Brillante, Jr.
20
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
AND
SUBJECT
CHAIRPERSONS
21
MEMORY AID
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.
The
crime
is
committed
by
means of any such
acts involving great
waste or ruin.
PAR. 10 on the
occasion of a
conflagration,
shipwreck, etc.
The
crime
committed on
occasion
of
calamity
misfortune.
is
the
a
or
IN
CRIMINAL LAW

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.

Brillante, Jr.
22
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.
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.
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.
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.
Craft and fraud may be absorbed in

treachery if they have been
AND
SUBJECT
CHAIRPERSONS
23
MEMORY AID
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.
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.
IN
CRIMINAL LAW
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).
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.
Means employed to weaken defense

- the offender employs means that
materially weakens the resisting power
of the offended party.
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.
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.
by a band
abuse of superior
strength
This circumstance is applicable

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

with treachery (alevosia).
Treachery (alevosia) is present when
the offender commits any of the crimes
against person, employing means,

Brillante, Jr.
24
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).
AND
SUBJECT
CHAIRPERSONS
25
MEMORY AID
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
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.
CRIMINAL LAW
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
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.
IN
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

Brillante, Jr.
26
2.
minors taking advantage of their

irresponsibility.
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)
Involves
suffering
moral
CRUELTY (PAR.
21)
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:
AND
SUBJECT
CHAIRPERSONS
27
MEMORY AID
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, 325326).
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 offended party is a
relative of a lower degree.
iii. It is aggravating if the
offended party is a relative
3.
IN
CRIMINAL LAW
of 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.
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

Brillante, Jr.
28
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
LIABLE FOR FELONIES
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.
CRIMINALLY
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.
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)
AND
SUBJECT
CHAIRPERSONS
29
MEMORY AID
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
IN
CRIMINAL LAW
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

Brillante, Jr.
30
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.
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.
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:
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
SUBJECT
CHAIRPERSONS
31
MEMORY AID
and not collective, and each of the
participants is liable only for the act
committed by him.
ART. 18 ACCOMPLICES
Accomplices are persons who,
acting as principals, cooperate in
execution of the offense by previous
simultaneous acts, which are
indispensable to the commission of
crime.
not
the
and
not
the
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
IN
CRIMINAL LAW
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:

Brillante, Jr.
32
i.
ii.
iii.
iv.
Treason,
Parricide,
Murder,
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.
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 AntiFencing 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
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
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
AND
SUBJECT
CHAIRPERSONS
33
MEMORY AID
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.
IN
CRIMINAL LAW
The basis of the right to punish

violations of penal law is the police
power of the State.
THEORIES JUSTIFYING PENALTY: PRESJ

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

Brillante, Jr.
34
first shown, and a man cannot be

expected to obey an order that
has not been given.
ART. 22 RETROACTIVE EFFECT OF
PENAL LAWS
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.
GENERAL RULE: Penal laws are

applied prospectively.
EXCEPTION:
When
retrospective
application will be favorable to the
person guilty of a felony; Provided
that:
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
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.
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.
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
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.
AND
SUBJECT
CHAIRPERSONS
35
MEMORY AID
ART. 23- EFFECT OF PARDON BY THE

OFFENDED PARTY
IN
CRIMINAL LAW
Nevertheless, civil liability may be

extinguished by the EXRESS WAIVER
of 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.
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
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.
through
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

Brillante, Jr.
36
powers, superior officials may

impose upon their subordinates.
5. Deprivation of rights and the
reparations which the civil law may
establish in penal form.
Chapter Two: Classification of Penalties

(Arts. 25-26)
ART. 25 PENALTIES WHICH MAY BE
IMPOSED
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.
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
AND
SUBJECT
CHAIRPERSONS
37
MEMORY AID
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.
IN
CRIMINAL LAW
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-avis 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

Brillante, Jr.
38
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.
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.
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.
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
AND
SUBJECT
CHAIRPERSONS
39
MEMORY AID
voluntarily surrender after
commission of the crime.
the
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
IN
CRIMINAL LAW
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
PARDON BY
CHIEF EXECUTIVE OFFENDED PARTY
(ART. 36)
(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
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.
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
concubinage,
include
offenders.
and
must
both
As to whether it can be conditional

Brillante, Jr.
40
May be absolute or
conditional
Cannot validly be
made subject to a
condition.
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.
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
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
AND
SUBJECT
CHAIRPERSONS
41
MEMORY AID
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
disqualification, and
absolute
CRIMINAL LAW
ii. Perpetual special disqualification

from suffrage, unless expressly
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
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.
IN
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.

Brillante, Jr.
42
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
imposed (R.A. 7659).
penalty
is
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
AND
SUBJECT
CHAIRPERSONS
43
MEMORY AID
IN
CRIMINAL 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
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.
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.
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.
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.

Brillante, Jr.
44
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
2.
Each
act
performed by the
offender constitutes
a separate crime,
each
act
is
generated
by
a
criminal impulse
1. There is a series
of acts performed
by the offender
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:
CONSUMMATED
FRUSTRATED
ATTEMPTED
Prin
Accom
Acces
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.
AND
SUBJECT
CHAIRPERSONS
45
MEMORY AID
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
RECIDIVISM
DELIQUENCY
IN
CRIMINAL LAW
As to the CRIMES committed

The
crimes
specified
are
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.

Brillante, Jr.
46
d)
When both mitigating

and aggravating circumstances
are present, the court shall
allow them to offset one
another.
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
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
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 threefold
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.
AND
SUBJECT
CHAIRPERSONS
47
MEMORY AID
IN
CRIMINAL LAW
I.
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
year.
would
exceed
one
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

Brillante, Jr.
48
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.
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
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
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.
AND
SUBJECT
CHAIRPERSONS
49
MEMORY AID
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 whethera)
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
IN
CRIMINAL LAW
(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
OFFENDER ON PROBATION
AN

Brillante, Jr.
50
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.
AND
SUBJECT
CHAIRPERSONS
51
MEMORY AID
L.
1.
2.
3.
EFFECTS OF TERMINATION
OF PROBATION
Case is deemed terminated.
Restoration of all civil rights lost or
suspended.
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

3.
4.
behavior in grave and light threats

(Art. 284);
Penalty for the concubine in
concubinage (Art. 334);
When, after reducing the penalty by
one or more degrees, destierro is
the proper penalty.
TITLE FOUR: EXTINCTION OF CRIMINAL

LIABILITY
IN
CRIMINAL LAW
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
crime
and
exercised
any
is
1. A blanket pardon
to classes of persons
or communities who

Brillante, Jr.
52
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
individually by the
President
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.
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.
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. Makes an exconvict no longer a

recidivist, because it
obliterates the last
vestige of the crime.
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
5.
Does
not
extinguish
the
civil liability of
the offender
5.
Does
not
extinguish the civil
liability of the
offender
ART. 93. COMPUTATION OF THE

PRESCRIPTION OF PENALTIES
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
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.
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
AND
SUBJECT
CHAIRPERSONS
53
MEMORY AID
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
5.
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.
By PROBATION. See Probation Law
page42
Conditional pardon distinguished from

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

the
prisoner
has
served the minimum
penalty; is granted by
the Board of Pardons
and Parole under the
Code
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
IN
CRIMINAL LAW
provision
of
the
Indeterminate
Sentence Law
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 reincarcerated 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.

Brillante, Jr.
54
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 exdelicto 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
Includes (Arts. 104-111)
Liability
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
AND
SUBJECT
CHAIRPERSONS
55
MEMORY AID
IN
CRIMINAL LAW
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 -

Brillante, Jr.

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San Beda College of Law

vice-consuls and other

2. TERRITORIAL penal laws of the

law of nations defined in Title

CRIMINAL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

3. Eclectic or Mixed Theory

In the Philippines, we follow the

In the case of a foreign warship, the

ELEMENTS OF FELONIES (GENERAL)

1. Intentional Felonies the act is

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE

San Beda College of Law

REASON FOR PUNSHING

The moral trait

The act gives

Intent distinguished from Motive

ART. 4 CRIMINAL LIABILITY

PAR. 1 - Criminal Liability for a felony

CRIMINAL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

3. Praeter intentionem lack of intent

c) The offenders acts are not stopped

PAR. 2 (IMPOSSIBLE CRIME)

DESISTANCE - is an absolutory cause

by his own spontaneous desistance.

OVERT ACTS Some physical activity or

Light Felonies are punishable only

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE

San Beda College of Law

Only principals and accomplices are

These overt acts must

CRIMINAL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

penalty of arresto menor or a fine not

c) Lack of sufficient provocation on the

ART. 10 OFFENSES NOT SUBJECT

TEST OF REASONABLENESS the means

Rights included in self-defense:

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE

San Beda College of Law

2. Reasonable necessity of the means

No civil liability except when there is

Greater evil must not be brought

5. FULFILLMENT OF DUTY; OR LAWFUL

Subordinate is not liable for carrying

CRIMINAL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

ART. 12. EXEMPTING

1. It affects the act

1. It affects the actor

exempt in all cases from criminal

The defense must prove

An infant under the age of nine years

The phrase under nine years

3. PERSON OVER NINE YEARS OF AGE

DISCERNMENT mental capacity to fully

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE

San Beda College of Law

The manner the crime was

ACCIDENT WITHOUT FAULT

Basis: Lack of negligence or intent.

Basis: complete absence of freedom