EXECUTIVE ORDER NO. 209 July 6, 1987 Art. 6.
Art. 6. No prescribed form or religious rite for the solemnization of the marriage is required. It shall be
Title 1 Chap. 3 Sec. 39 Amended by RA 8533
THE FAMILY CODE OF THE PHILIPPINES
I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and promulgate the Family Code of the Philippines, as follows:
TITLE I
MARRIAGE
Chapter 1. Requisites of Marriage
Art. 1. Marriage is a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. It is the foundation of the family
and an inviolable social institution whose nature, consequences, and incidents are governed by law and
not subject to stipulation, except that marriage settlements may fix the property relations during the
marriage within the limits provided by this Code. (52a)
Art. 2. No marriage shall be valid, unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer. (53a)
Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title;
and
(3) A marriage ceremony which takes place with the appearance of the contracting
parties before the solemnizing officer and their personal declaration that they take
each other as husband and wife in the presence of not less than two witnesses of
legal age. (53a, 55a)
Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio,
except as stated in Article 35 (2).
A defect in any of the essential requisites shall not affect the validity of the marriage but the party or
parties responsible for the irregularity shall be civilly, criminally and administratively liable. (n)
Art. 5. Any male or female of the age of eighteen years or upwards not under any of the impediments
mentioned in Articles 37 and 38, may contract marriage. (54a)
necessary, however, for the contracting parties to appear personally before the solemnizing officer and
declare in the presence of not less than two witnesses of legal age that they take each other as
husband and wife. This declaration shall be contained in the marriage certificate which shall be signed
by the contracting parties and their witnesses and attested by the solemnizing officer.
In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the
marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the name of
said party, which fact shall be attested by the solemnizing officer. (55a)
Art. 7. Marriage may be solemnized by:
(1) Any incumbent member of the judiciary within the court's jurisdiction;
(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized
by his church or religious sect and registered with the civil registrar general, acting
within the limits of the written authority granted by his church or religious sect and
provided that at least one of the contracting parties belongs to the solemnizing
officer's church or religious sect;
(3) Any ship captain or airplane chief only in the case mentioned in Article 31;
(4) Any military commander of a unit to which a chaplain is assigned, in the absence
of the latter, during a military operation, likewise only in the cases mentioned in Article
32;
(5) Any consul-general, consul or vice-consul in the case provided in Article 10. (56a)
Article. 8. The marriage shall be solemnized publicly in the chambers of the judge or in open court, in
the church, chapel or temple, or in the office the consul-general, consul or vice-consul, as the case may
be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote
places in accordance with Article 29 of this Code, or where both of the parties request the solemnizing
officer in writing in which case the marriage may be solemnized at a house or place designated by them
in a sworn statement to that effect. (57a)
Art. 9. A marriage license shall be issued by the local civil registrar of the city or municipality where
either contracting party habitually resides, except in marriages where no license is required in
accordance with Chapter 2 of this Title (58a)
Art. 10. Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul or
vice-consul of the Republic of the Philippines. The issuance of the marriage license and the duties of
the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be
performed by said consular official. (75a)
Art. 11. Where a marriage license is required, each of the contracting parties shall file separately a
sworn application for such license with the proper local civil registrar which shall specify the following:
 (1) Full name of the contracting party;
(2) Place of birth;
(3) Age and date of birth;
(4) Civil status;
(5) If previously married, how, when and where the previous marriage was dissolved
or annulled;
(6) Present residence and citizenship;
(7) Degree of relationship of the contracting parties;
(8) Full name, residence and citizenship of the father;
(9) Full name, residence and citizenship of the mother; and
(10) Full name, residence and citizenship of the guardian or person having charge, in
case the contracting party has neither father nor mother and is under the age of
twenty-one years.
The applicants, their parents or guardians shall not be required to exhibit their residence certificates in
any formality in connection with the securing of the marriage license. (59a)
Art. 12. The local civil registrar, upon receiving such application, shall require the presentation of the
original birth certificates or, in default thereof, the baptismal certificates of the contracting parties or
copies of such documents duly attested by the persons having custody of the originals. These
certificates or certified copies of the documents by this Article need not be sworn to and shall be exempt
from the documentary stamp tax. The signature and official title of the person issuing the certificate shall
be sufficient proof of its authenticity. lawphi1.net
If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified
copy of either because of the destruction or loss of the original or if it is shown by an affidavit of such
party or of any other person that such birth or baptismal certificate has not yet been received though the
same has been required of the person having custody thereof at least fifteen days prior to the date of
the application, such party may furnish in lieu thereof his current residence certificate or an instrument
drawn up and sworn to before the local civil registrar concerned or any public official authorized to
administer oaths. Such instrument shall contain the sworn declaration of two witnesses of lawful age,
setting forth the full name, residence and citizenship of such contracting party and of his or her parents,
if known, and the place and date of birth of such party. The nearest of kin of the contracting parties shall
be preferred as witnesses, or, in their default, persons of good reputation in the province or the locality.
lawphi1.net
The presentation of birth or baptismal certificate shall not be required if the parents of the contracting
parties appear personally before the local civil registrar concerned and swear to the correctness of the
lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely
looking at the applicants upon their personally appearing before him, be convinced that either or both of
them have the required age. (60a)
Art. 13. In case either of the contracting parties has been previously married, the applicant shall be
required to furnish, instead of the birth or baptismal certificate required in the last preceding article, the
death certificate of the deceased spouse or the judicial decree of the absolute divorce, or the judicial
decree of annulment or declaration of nullity of his or her previous marriage.
In case the death certificate cannot be secured, the party shall make an affidavit setting forth this
circumstance and his or her actual civil status and the name and date of death of the deceased spouse.
(61a)
Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous
marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements
of the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their father,
mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned.
Such consent shall be manifested in writing by the interested party, who personally appears before the
proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and
attested before any official authorized by law to administer oaths. The personal manifestation shall be
recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be
attached to said applications. (61a)
Art. 15. Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask
their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it
be unfavorable, the marriage license shall not be issued till after three months following the completion
of the publication of the application therefor. A sworn statement by the contracting parties to the effect
that such advice has been sought, together with the written advice given, if any, shall be attached to the
application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall
be stated in the sworn statement. (62a)
Art. 16. In the cases where parental consent or parental advice is needed, the party or parties
concerned shall, in addition to the requirements of the preceding articles, attach a certificate issued by a
priest, imam or minister authorized to solemnize marriage under Article 7 of this Code or a marriage
counsellor duly accredited by the proper government agency to the effect that the contracting parties
have undergone marriage counselling. Failure to attach said certificates of marriage counselling shall
suspend the issuance of the marriage license for a period of three months from the completion of the
publication of the application. Issuance of the marriage license within the prohibited period shall subject
the issuing officer to administrative sanctions but shall not affect the validity of the marriage.
Should only one of the contracting parties need parental consent or parental advice, the other party
must be present at the counselling referred to in the preceding paragraph. (n)
Art. 17. The local civil registrar shall prepare a notice which shall contain the full names and residences
of the applicants for a marriage license and other data given in the applications. The notice shall be
posted for ten consecutive days on a bulletin board outside the office of the local civil registrar located in
a conspicous place within the building and accessible to the general public. This notice shall request all
persons having knowledge of any impediment to the marriage to advise the local civil registrar thereof.
The marriage license shall be issued after the completion of the period of publication. (63a)
Art. 18. In case of any impediment known to the local civil registrar or brought to his attention, he shall
note down the particulars thereof and his findings thereon in the application for marriage license, but
shall nonetheless issue said license after the completion of the period of publication, unless ordered
otherwise by a competent court at his own instance or that of any interest party. No filing fee shall be
charged for the petition nor a corresponding bond required for the issuances of the order. (64a)
Art. 19. The local civil registrar shall require the payment of the fees prescribed by law or regulations
before the issuance of the marriage license. No other sum shall be collected in the nature of a fee or tax
of any kind for the issuance of said license. It shall, however, be issued free of charge to indigent
parties, that is those who have no visible means of income or whose income is insufficient for their
subsistence a fact established by their affidavit, or by their oath before the local civil registrar. (65a)
Art. 20. The license shall be valid in any part of the Philippines for a period of one hundred twenty days
from the date of issue, and shall be deemed automatically cancelled at the expiration of the said period
if the contracting parties have not made use of it. The expiry date shall be stamped in bold characters
on the face of every license issued. (65a)
Art. 21. When either or both of the contracting parties are citizens of a foreign country, it shall be
necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity
to contract marriage, issued by their respective diplomatic or consular officials.
Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein
required, submit an affidavit stating the circumstances showing such capacity to contract marriage.
(66a)
Art. 22. The marriage certificate, in which the parties shall declare that they take each other as husband
and wife, shall also state:
(1) The full name, sex and age of each contracting party;
(2) Their citizenship, religion and habitual residence;
(3) The date and precise time of the celebration of the marriage;
(4) That the proper marriage license has been issued according to law, except in
marriage provided for in Chapter 2 of this Title;
(5) That either or both of the contracting parties have secured the parental consent in
appropriate cases;
(6) That either or both of the contracting parties have complied with the legal
requirement regarding parental advice in appropriate cases; and
(7) That the parties have entered into marriage settlement, if any, attaching a copy
thereof. (67a)
Art. 23. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting
parties the original of the marriage certificate referred to in Article 6 and to send the duplicate and
triplicate copies of the certificate not later than fifteen days after the marriage, to the local civil registrar
of the place where the marriage was solemnized. Proper receipts shall be issued by the local civil
registrar to the solemnizing officer transmitting copies of the marriage certificate. The solemnizing
officer shall retain in his file the quadruplicate copy of the marriage certificate, the copy of the marriage
certificate, the original of the marriage license and, in proper cases, the affidavit of the contracting party
regarding the solemnization of the marriage in place other than those mentioned in Article 8. (68a)
Art. 24. It shall be the duty of the local civil registrar to prepare the documents required by this Title, and
to administer oaths to all interested parties without any charge in both cases. The documents and
affidavits filed in connection with applications for marriage licenses shall be exempt from documentary
stamp tax. (n)
Art. 25. The local civil registrar concerned shall enter all applications for marriage licenses filed with him
in a registry book strictly in the order in which the same are received. He shall record in said book the
names of the applicants, the date on which the marriage license was issued, and such other data as
may be necessary. (n)
Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the
country where they were solemnized, and valid there as such, shall also be valid in this country, except
those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino
spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)
Chapter 2. Marriages Exempted from License Requirement
Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be
solemnized without necessity of a marriage license and shall remain valid even if the ailing party
subsequently survives. (72a)
Art. 28. If the residence of either party is so located that there is no means of transportation to enable
such party to appear personally before the local civil registrar, the marriage may be solemnized without
necessity of a marriage license. (72a)
Art. 29. In the cases provided for in the two preceding articles, the solemnizing officer shall state in an
affidavit executed before the local civil registrar or any other person legally authorized to administer
oaths that the marriage was performed in articulo mortis or that the residence of either party, specifying
the barrio or barangay, is so located that there is no means of transportation to enable such party to
appear personally before the local civil registrar and that the officer took the necessary steps to
ascertain the ages and relationship of the contracting parties and the absence of legal impediment to
the marriage. (72a)
Art. 30. The original of the affidavit required in the last preceding article, together with the legible copy of
the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of
the municipality where it was performed within the period of thirty days after the performance of the
marriage. (75a)
Art. 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by
a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also
during stopovers at ports of call. (74a)
Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to
solemnize marriages in articulo mortis between persons within the zone of military operation, whether
members of the armed forces or civilians. (74a)
Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be
performed validly without the necessity of marriage license, provided they are solemnized in
accordance with their customs, rites or practices. (78a)
Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together
as husband and wife for at least five years and without any legal impediment to marry each other. The
contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to
administer oaths. The solemnizing officer shall also state under oath that he ascertained the
qualifications of the contracting parties are found no legal impediment to the marriage. (76a)
Chapter 3. Void and Voidable Marriages
Art. 35. The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent
of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages
unless such marriages were contracted with either or both parties believing in good
faith that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without license, except those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the
other; and
(6) Those subsequent marriages that are void under Article 53.
Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically
incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if
such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)
Art. 37. Marriages between the following are incestuous and void from the beginning, whether
relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood. (81a)
Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the
fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other
person's spouse, or his or her own spouse. (82)
Art. 39. The action or defense for the declaration of absolute nullity shall not prescribe. However, in
case of marriage celebrated before the effectivity of this Code and falling under Article 36, such action
or defense shall prescribe in ten years after this Code shall taken effect. (As amended by Executive
Order 227) (n)
Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the
basis solely of a final judgment declaring such previous marriage void. (n).
Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null
and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent
for four consecutive years and the spouse present has a well-founded belief that the absent spouse was
already dead. In case of disappearance where there is danger of death under the circumstances set
forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse
present must institute a summary proceeding as provided in this Code for the declaration of
presumptive death of the absentee, without prejudice to the effect of reappearance of the absent
spouse. (83a)
Art. 42. The subsequent marriage referred to in the preceding Article shall be automatically terminated
by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment
annulling the previous marriage or declaring it void ab initio.
A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry
of the residence of the parties to the subsequent marriage at the instance of any interested person, with
due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance
being judicially determined in case such fact is disputed. (n)
Art. 43. The termination of the subsequent marriage referred to in the preceding Article shall produce
the following effects:
(1) The children of the subsequent marriage conceived prior to its termination shall be
considered legitimate;
(2) The absolute community of property or the conjugal partnership, as the case may
be, shall be dissolved and liquidated, but if either spouse contracted said marriage in
bad faith, his or her share of the net profits of the community property or conjugal
partnership property shall be forfeited in favor of the common children or, if there are
none, the children of the guilty spouse by a previous marriage or in default of children,
the innocent spouse;
(3) Donations by reason of marriage shall remain valid, except that if the donee
contracted the marriage in bad faith, such donations made to said donee are revoked
by operation of law;
(4) The innocent spouse may revoke the designation of the other spouse who acted
in bad faith as beneficiary in any insurance policy, even if such designation be
stipulated as irrevocable; and
(5) The spouse who contracted the subsequent marriage in bad faith shall be
disqualified to inherit from the innocent spouse by testate and intestate succession.
(n)
Art. 44. If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab
initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the
other are revoked by operation of law. (n)
Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was
eighteen years of age or over but below twenty-one, and the marriage was
solemnized without the consent of the parents, guardian or person having substitute
parental authority over the party, in that order, unless after attaining the age of
twenty-one, such party freely cohabited with the other and both lived together as
husband and wife;
(2) That either party was of unsound mind, unless such party after coming to reason,
freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party
afterwards, with full knowledge of the facts constituting the fraud, freely cohabited
with the other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or undue
influence, unless the same having disappeared or ceased, such party thereafter freely
cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage with the
other, and such incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a sexually-transmissible disease found to be
serious and appears to be incurable. (85a)
Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the
preceding Article:
(1) Non-disclosure of a previous conviction by final judgment of the other party of a
crime involving moral turpitude;
(2) Concealment by the wife of the fact that at the time of the marriage, she was
pregnant by a man other than her husband;
(3) Concealment of sexually transmissible disease, regardless of its nature, existing
at the time of the marriage; or
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or
lesbianism existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute
such fraud as will give grounds for action for the annulment of marriage. (86a)
Art. 47. The action for annulment of marriage must be filed by the following persons and within the
periods indicated herein:
(1) For causes mentioned in number 1 of Article 45 by the party whose parent or
guardian did not give his or her consent, within five years after attaining the age of
twenty-one, or by the parent or guardian or person having legal charge of the minor,
at any time before such party has reached the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no
knowledge of the other's insanity; or by any relative or guardian or person having
legal charge of the insane, at any time before the death of either party, or by the
insane spouse during a lucid interval or after regaining sanity;
(3) For causes mentioned in number 3 of Articles 45, by the injured party, within five
years after the discovery of the fraud;
 (4) For causes mentioned in number 4 of Article 45, by the injured party, within five in the appropriate civil registry and registries of property; otherwise, the same shall not affect third
years from the time the force, intimidation or undue influence disappeared or ceased; persons. (n)

(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within Art. 53. Either of the former spouses may marry again after compliance with the requirements of the
five years after the marriage. (87a) immediately preceding Article; otherwise, the subsequent marriage shall be null and void.

Art. 48. In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the Art. 54. Children conceived or born before the judgment of annulment or absolute nullity of the marriage
prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent under Article 36 has become final and executory shall be considered legitimate. Children conceived or
collusion between the parties and to take care that evidence is not fabricated or suppressed. born of the subsequent marriage under Article 53 shall likewise be legitimate.

In the cases referred to in the preceding paragraph, no judgment shall be based upon a stipulation of TITLE II
facts or confession of judgment. (88a) LEGAL SEPARATION

Art. 49. During the pendency of the action and in the absence of adequate provisions in a written Art. 55. A petition for legal separation may be filed on any of the following grounds:
agreement between the spouses, the Court shall provide for the support of the spouses and the custody
and support of their common children. The Court shall give paramount consideration to the moral and (1) Repeated physical violence or grossly abusive conduct directed against the
material welfare of said children and their choice of the parent with whom they wish to remain as petitioner, a common child, or a child of the petitioner;
provided to in Title IX. It shall also provide for appropriate visitation rights of the other parent. (n)
(2) Physical violence or moral pressure to compel the petitioner to change religious or
Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by Article 44 shall political affiliation;
also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment
under Articles 40 and 45.
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a
child of the petitioner, to engage in prostitution, or connivance in such corruption or
The final judgment in such cases shall provide for the liquidation, partition and distribution of the inducement;
properties of the spouses, the custody and support of the common children, and the delivery of third
presumptive legitimes, unless such matters had been adjudicated in previous judicial proceedings.
(4) Final judgment sentencing the respondent to imprisonment of more than six years,
even if pardoned;
All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be
notified of the proceedings for liquidation.
(5) Drug addiction or habitual alcoholism of the respondent;
In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in
accordance with the provisions of Articles 102 and 129. (6) Lesbianism or homosexuality of the respondent;

Art. 51. In said partition, the value of the presumptive legitimes of all common children, computed as of (7) Contracting by the respondent of a subsequent bigamous marriage, whether in the
the date of the final judgment of the trial court, shall be delivered in cash, property or sound securities, Philippines or abroad;
unless the parties, by mutual agreement judicially approved, had already provided for such matters.
(8) Sexual infidelity or perversion;
The children or their guardian or the trustee of their property may ask for the enforcement of the
judgment. (9) Attempt by the respondent against the life of the petitioner; or

The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate (10) Abandonment of petitioner by respondent without justifiable cause for more than
successional rights of the children accruing upon the death of either of both of the parents; but the value one year.
of the properties already received under the decree of annulment or absolute nullity shall be considered
as advances on their legitime. (n) For purposes of this Article, the term "child" shall include a child by nature or by adoption. (9a)

Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of Art. 56. The petition for legal separation shall be denied on any of the following grounds:
the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded
 (1) Where the aggrieved party has condoned the offense or act complained of;
(2) Where the aggrieved party has consented to the commission of the offense or act
complained of;
(3) Where there is connivance between the parties in the commission of the offense
or act constituting the ground for legal separation;
(4) Where both parties have given ground for legal separation;
(5) Where there is collusion between the parties to obtain decree of legal separation;
or
(6) Where the action is barred by prescription. (100a)
Art. 57. An action for legal separation shall be filed within five years from the time of the occurrence of
the cause. (102)
Art. 58. An action for legal separation shall in no case be tried before six months shall have elapsed
since the filing of the petition. (103)
Art. 59. No legal separation may be decreed unless the Court has taken steps toward the reconciliation
of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable. (n)
Art. 60. No decree of legal separation shall be based upon a stipulation of facts or a confession of
judgment.
In any case, the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to
prevent collusion between the parties and to take care that the evidence is not fabricated or
suppressed. (101a)
Art. 61. After the filing of the petition for legal separation, the spouses shall be entitled to live separately
from each other.
The court, in the absence of a written agreement between the spouses, shall designate either of them
or a third person to administer the absolute community or conjugal partnership property. The
administrator appointed by the court shall have the same powers and duties as those of a guardian
under the Rules of Court. (104a)
Art. 62. During the pendency of the action for legal separation, the provisions of Article 49 shall likewise
apply to the support of the spouses and the custody and support of the common children. (105a)
Art. 63. The decree of legal separation shall have the following effects:
(1) The spouses shall be entitled to live separately from each other, but the marriage
bonds shall not be severed;
(2) The absolute community or the conjugal partnership shall be dissolved and
liquidated but the offending spouse shall have no right to any share of the net profits
earned by the absolute community or the conjugal partnership, which shall be
forfeited in accordance with the provisions of Article 43(2);
(3) The custody of the minor children shall be awarded to the innocent spouse,
subject to the provisions of Article 213 of this Code; and
(4) The offending spouse shall be disqualified from inheriting from the innocent
spouse by intestate succession. Moreover, provisions in favor of the offending spouse
made in the will of the innocent spouse shall be revoked by operation of law. (106a)
Art. 64. After the finality of the decree of legal separation, the innocent spouse may revoke the
donations made by him or by her in favor of the offending spouse, as well as the designation of the
latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. The
revocation of the donations shall be recorded in the registries of property in the places where the
properties are located. Alienations, liens and encumbrances registered in good faith before the
recording of the complaint for revocation in the registries of property shall be respected. The revocation
of or change in the designation of the insurance beneficiary shall take effect upon written notification
thereof to the insured.
The action to revoke the donation under this Article must be brought within five years from the time the
decree of legal separation become final. (107a)
Art. 65. If the spouses should reconcile, a corresponding joint manifestation under oath duly signed by
them shall be filed with the court in the same proceeding for legal separation. (n)
Art. 66. The reconciliation referred to in the preceding Articles shall have the following consequences:
(1) The legal separation proceedings, if still pending, shall thereby be terminated at
whatever stage; and
(2) The final decree of legal separation shall be set aside, but the separation of
property and any forfeiture of the share of the guilty spouse already effected shall
subsist, unless the spouses agree to revive their former property regime.
The court's order containing the foregoing shall be recorded in the proper civil registries. (108a)
Art. 67. The agreement to revive the former property regime referred to in the preceding Article shall be
executed under oath and shall specify:
(1) The properties to be contributed anew to the restored regime;
(2) Those to be retained as separated properties of each spouse; and
(3) The names of all their known creditors, their addresses and the amounts owing to
each.
The agreement of revival and the motion for its approval shall be filed with the court in the same
proceeding for legal separation, with copies of both furnished to the creditors named therein. After due
hearing, the court shall, in its order, take measure to protect the interest of creditors and such order
shall be recorded in the proper registries of properties.
The recording of the ordering in the registries of property shall not prejudice any creditor not listed or not
notified, unless the debtor-spouse has sufficient separate properties to satisfy the creditor's claim.
(195a, 108a)
TITLE III
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
Art. 68. The husband and wife are obliged to live together, observe mutual love, respect and fidelity,
and render mutual help and support. (109a)
Art. 69. The husband and wife shall fix the family domicile. In case of disagreement, the court shall
decide.
The court may exempt one spouse from living with the other if the latter should live abroad or there are
other valid and compelling reasons for the exemption. However, such exemption shall not apply if the
same is not compatible with the solidarity of the family. (110a)
Art. 70. The spouses are jointly responsible for the support of the family. The expenses for such support
and other conjugal obligations shall be paid from the community property and, in the absence thereof,
from the income or fruits of their separate properties. In case of insufficiency or absence of said income
or fruits, such obligations shall be satisfied from the separate properties. (111a)
Art. 71. The management of the household shall be the right and the duty of both spouses. The
expenses for such management shall be paid in accordance with the provisions of Article 70. (115a)
Art. 72. When one of the spouses neglects his or her duties to the conjugal union or commits acts which
tend to bring danger, dishonor or injury to the other or to the family, the aggrieved party may apply to
the court for relief. (116a)
Art. 73. Either spouse may exercise any legitimate profession, occupation, business or activity without
the consent of the other. The latter may object only on valid, serious, and moral grounds.
In case of disagreement, the court shall decide whether or not:
(1) The objection is proper, and
(2) Benefit has occurred to the family prior to the objection or thereafter. If the benefit
accrued prior to the objection, the resulting obligation shall be enforced against the
separate property of the spouse who has not obtained consent.
The foregoing provisions shall not prejudice the rights of creditors who acted in good faith. (117a)
TITLE IV
PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
Chapter 1. General Provisions
Art. 74. The property relationship between husband and wife shall be governed in the following order:
(1) By marriage settlements executed before the marriage;
(2) By the provisions of this Code; and
(3) By the local custom. (118)
Art. 75. The future spouses may, in the marriage settlements, agree upon the regime of absolute
community, conjugal partnership of gains, complete separation of property, or any other regime. In the
absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute
community of property as established in this Code shall govern. (119a)
Art. 76. In order that any modification in the marriage settlements may be valid, it must be made before
the celebration of the marriage, subject to the provisions of Articles 66, 67, 128, 135 and 136. (121)
Art. 77. The marriage settlements and any modification thereof shall be in writing, signed by the parties
and executed before the celebration of the marriage. They shall not prejudice third persons unless they
are registered in the local civil registry where the marriage contract is recorded as well as in the proper
registries of properties. (122a)
Art. 78. A minor who according to law may contract marriage may also execute his or her marriage
settlements, but they shall be valid only if the persons designated in Article 14 to give consent to the
marriage are made parties to the agreement, subject to the provisions of Title IX of this Code. (120a)
Art. 79. For the validity of any marriage settlement executed by a person upon whom a sentence of civil
interdiction has been pronounced or who is subject to any other disability, it shall be indispensable for
the guardian appointed by a competent court to be made a party thereto. (123a)
Art. 80. In the absence of a contrary stipulation in a marriage settlement, the property relations of the
spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage
and their residence.
This rule shall not apply:
(1) Where both spouses are aliens;
(2) With respect to the extrinsic validity of contracts affecting property not situated in
the Philippines and executed in the country where the property is located; and
 (3) With respect to the extrinsic validity of contracts entered into in the Philippines but
affecting property situated in a foreign country whose laws require different formalities
for its extrinsic validity. (124a)
Art. 81. Everything stipulated in the settlements or contracts referred to in the preceding articles in
consideration of a future marriage, including donations between the prospective spouses made therein,
shall be rendered void if the marriage does not take place. However, stipulations that do not depend
upon the celebration of the marriages shall be valid. (125a)
Chapter 2. Donations by Reason of Marriage
Art. 82. Donations by reason of marriage are those which are made before its celebration, in
consideration of the same, and in favor of one or both of the future spouses. (126)
Art. 83. These donations are governed by the rules on ordinary donations established in Title III of Book
III of the Civil Code, insofar as they are not modified by the following articles. (127a)
Art. 84. If the future spouses agree upon a regime other than the absolute community of property, they
cannot donate to each other in their marriage settlements more than one-fifth of their present property.
Any excess shall be considered void.
Donations of future property shall be governed by the provisions on testamentary succession and the
formalities of wills. (130a)
Art. 85. Donations by reason of marriage of property subject to encumbrances shall be valid. In case of
foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation
secured, the donee shall not be liable for the deficiency. If the property is sold for more than the total
amount of said obligation, the donee shall be entitled to the excess. (131a)
Art. 86. A donation by reason of marriage may be revoked by the donor in the following cases:
(1) If the marriage is not celebrated or judicially declared void ab initio except
donations made in the marriage settlements, which shall be governed by Article 81;
(2) When the marriage takes place without the consent of the parents or guardian, as
required by law;
(3) When the marriage is annulled, and the donee acted in bad faith;
(4) Upon legal separation, the donee being the guilty spouse;
(5) If it is with a resolutory condition and the condition is complied with;
(6) When the donee has committed an act of ingratitude as specified by the
provisions of the Civil Code on donations in general. (132a)
Art. 87. Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during
the marriage shall be void, except moderate gifts which the spouses may give each other on the
occasion of any family rejoicing. The prohibition shall also apply to persons living together as husband
and wife without a valid marriage. (133a)
Chapter 3. System of Absolute Community
Section 1. General Provisions
Art. 88. The absolute community of property between spouses shall commence at the precise moment
that the marriage is celebrated. Any stipulation, express or implied, for the commencement of the
community regime at any other time shall be void. (145a)
Art. 89. No waiver of rights, shares and effects of the absolute community of property during the
marriage can be made except in case of judicial separation of property.
When the waiver takes place upon a judicial separation of property, or after the marriage has been
dissolved or annulled, the same shall appear in a public instrument and shall be recorded as provided in
Article 77. The creditors of the spouse who made such waiver may petition the court to rescind the
waiver to the extent of the amount sufficient to cover the amount of their credits. (146a)
Art. 90. The provisions on co-ownership shall apply to the absolute community of property between the
spouses in all matters not provided for in this Chapter. (n)
Section 2. What Constitutes Community Property
Art. 91. Unless otherwise provided in this Chapter or in the marriage settlements, the community
property shall consist of all the property owned by the spouses at the time of the celebration of the
marriage or acquired thereafter. (197a)
Art. 92. The following shall be excluded from the community property:
(1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as
the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall
form part of the community property;
(2) Property for personal and exclusive use of either spouse. However, jewelry shall form part of the
community property;
(3) Property acquired before the marriage by either spouse who has legitimate descendants by a former
marriage, and the fruits as well as the income, if any, of such property. (201a)
Art. 93. Property acquired during the marriage is presumed to belong to the community, unless it is
proved that it is one of those excluded therefrom. (160)
Section 3. Charges and Obligations of the Absolute Community
Art. 94. The absolute community of property shall be liable for:
(1) The support of the spouses, their common children, and legitimate children of
either spouse; however, the support of illegitimate children shall be governed by the
provisions of this Code on Support;
(2) All debts and obligations contracted during the marriage by the designated
administrator-spouse for the benefit of the community, or by both spouses, or by one
spouse with the consent of the other;
(3) Debts and obligations contracted by either spouse without the consent of the other
to the extent that the family may have been benefited;
(4) All taxes, liens, charges and expenses, including major or minor repairs, upon the
community property;
(5) All taxes and expenses for mere preservation made during marriage upon the
separate property of either spouse used by the family;
(6) Expenses to enable either spouse to commence or complete a professional or
vocational course, or other activity for self-improvement;
(7) Antenuptial debts of either spouse insofar as they have redounded to the benefit
of the family;
(8) The value of what is donated or promised by both spouses in favor of their
common legitimate children for the exclusive purpose of commencing or completing a
professional or vocational course or other activity for self-improvement;
(9) Antenuptial debts of either spouse other than those falling under paragraph (7) of
this Article, the support of illegitimate children of either spouse, and liabilities incurred
by either spouse by reason of a crime or a quasi-delict, in case of absence or
insufficiency of the exclusive property of the debtor-spouse, the payment of which
shall be considered as advances to be deducted from the share of the debtor-spouse
upon liquidation of the community; and
(10) Expenses of litigation between the spouses unless the suit is found to be
groundless.
If the community property is insufficient to cover the foregoing liabilities, except those falling under
paragraph (9), the spouses shall be solidarily liable for the unpaid balance with their separate
properties. (161a, 162a, 163a, 202a-205a)
Art. 95. Whatever may be lost during the marriage in any game of chance, betting, sweepstakes, or any
other kind of gambling, whether permitted or prohibited by law, shall be borne by the loser and shall not
be charged to the community but any winnings therefrom shall form part of the community property.
(164a)
Section 4. Ownership, Administrative, Enjoyment and Disposition of the Community Property
Art. 96. The administration and enjoyment of the community property shall belong to both spouses
jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by
the wife for proper remedy, which must be availed of within five years from the date of the contract
implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the administration of
the common properties, the other spouse may assume sole powers of administration. These powers do
not include disposition or encumbrance without authority of the court or the written consent of the other
spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void.
However, the transaction shall be construed as a continuing offer on the part of the consenting spouse
and the third person, and may be perfected as a binding contract upon the acceptance by the other
spouse or authorization by the court before the offer is withdrawn by either or both offerors. (206a)
Art. 97. Either spouse may dispose by will of his or her interest in the community property. (n)
Art. 98. Neither spouse may donate any community property without the consent of the other. However,
either spouse may, without the consent of the other, make moderate donations from the community
property for charity or on occasions of family rejoicing or family distress. (n)
Section 5. Dissolution of Absolute Community Regime
Art. 99. The absolute community terminates:
(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void; or
(4) In case of judicial separation of property during the marriage under Article 134 to
138. (175a)
Art. 100. The separation in fact between husband and wife shall not affect the regime of absolute
community except that:
(1) The spouse who leaves the conjugal home or refuses to live therein, without just
cause, shall not have the right to be supported;
(2) When the consent of one spouse to any transaction of the other is required by law,
judicial authorization shall be obtained in a summary proceeding;
(3) In the absence of sufficient community property, the separate property of both
spouses shall be solidarily liable for the support of the family. The spouse present
shall, upon proper petition in a summary proceeding, be given judicial authority to
 administer or encumber any specific separate property of the other spouse and use
the fruits or proceeds thereof to satisfy the latter's share. (178a)
Art. 101. If a spouse without just cause abandons the other or fails to comply with his or her obligations
to the family, the aggrieved spouse may petition the court for receivership, for judicial separation of
property or for authority to be the sole administrator of the absolute community, subject to such
precautionary conditions as the court may impose.
The obligations to the family mentioned in the preceding paragraph refer to marital, parental or property
relations.
A spouse is deemed to have abandoned the other when her or she has left the conjugal dwelling
without intention of returning. The spouse who has left the conjugal dwelling for a period of three
months or has failed within the same period to give any information as to his or her whereabouts shall
be prima facie presumed to have no intention of returning to the conjugal dwelling. (178a)
Section 6. Liquidation of the Absolute Community Assets and Liabilities
Art. 102. Upon dissolution of the absolute community regime, the following procedure shall apply:
(1) An inventory shall be prepared, listing separately all the properties of the absolute
community and the exclusive properties of each spouse.
(2) The debts and obligations of the absolute community shall be paid out of its
assets. In case of insufficiency of said assets, the spouses shall be solidarily liable for
the unpaid balance with their separate properties in accordance with the provisions of
the second paragraph of Article 94.
(3) Whatever remains of the exclusive properties of the spouses shall thereafter be
delivered to each of them.
(4) The net remainder of the properties of the absolute community shall constitute its
net assets, which shall be divided equally between husband and wife, unless a
different proportion or division was agreed upon in the marriage settlements, or
unless there has been a voluntary waiver of such share provided in this Code. For
purpose of computing the net profits subject to forfeiture in accordance with Articles
43, No. (2) and 63, No. (2), the said profits shall be the increase in value between the
market value of the community property at the time of the celebration of the marriage
and the market value at the time of its dissolution.
(5) The presumptive legitimes of the common children shall be delivered upon
partition, in accordance with Article 51.
(6) Unless otherwise agreed upon by the parties, in the partition of the properties, the
conjugal dwelling and the lot on which it is situated shall be adjudicated to the spouse
with whom the majority of the common children choose to remain. Children below the
age of seven years are deemed to have chosen the mother, unless the court has
decided otherwise. In case there in no such majority, the court shall decide, taking
into consideration the best interests of said children. (n)
Art. 103. Upon the termination of the marriage by death, the community property shall be liquidated in
the same proceeding for the settlement of the estate of the deceased.
If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the community
property either judicially or extra-judicially within six months from the death of the deceased spouse. If
upon the lapse of the six months period, no liquidation is made, any disposition or encumbrance
involving the community property of the terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage without compliance with the foregoing
requirements, a mandatory regime of complete separation of property shall govern the property
relations of the subsequent marriage. (n)
Art. 104. Whenever the liquidation of the community properties of two or more marriages contracted by
the same person before the effectivity of this Code is carried out simultaneously, the respective capital,
fruits and income of each community shall be determined upon such proof as may be considered
according to the rules of evidence. In case of doubt as to which community the existing properties
belong, the same shall be divided between the different communities in proportion to the capital and
duration of each. (189a)
Chapter 4. Conjugal Partnership of Gains
Section 1. General Provisions
Art. 105. In case the future spouses agree in the marriage settlements that the regime of conjugal
partnership gains shall govern their property relations during marriage, the provisions in this Chapter
shall be of supplementary application.
The provisions of this Chapter shall also apply to conjugal partnerships of gains already established
between spouses before the effectivity of this Code, without prejudice to vested rights already acquired
in accordance with the Civil Code or other laws, as provided in Article 256. (n)
Art. 106. Under the regime of conjugal partnership of gains, the husband and wife place in a common
fund the proceeds, products, fruits and income from their separate properties and those acquired by
either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of the
partnership, the net gains or benefits obtained by either or both spouses shall be divided equally
between them, unless otherwise agreed in the marriage settlements. (142a)
Art. 107. The rules provided in Articles 88 and 89 shall also apply to conjugal partnership of gains. (n)
Art. 108. The conjugal partnership shall be governed by the rules on the contract of partnership in all
that is not in conflict with what is expressly determined in this Chapter or by the spouses in their
marriage settlements. (147a)
Section 2. Exclusive Property of Each Spouse
Art. 109. The following shall be the exclusive property of each spouse:
(1) That which is brought to the marriage as his or her own;
(2) That which each acquires during the marriage by gratuitous title;
(3) That which is acquired by right of redemption, by barter or by exchange with
property belonging to only one of the spouses; and
(4) That which is purchased with exclusive money of the wife or of the husband.
(148a)
Art. 110. The spouses retain the ownership, possession, administration and enjoyment of their exclusive
properties.
Either spouse may, during the marriage, transfer the administration of his or her exclusive property to
the other by means of a public instrument, which shall be recorded in the registry of property of the
place the property is located. (137a, 168a, 169a)
Art. 111. A spouse of age may mortgage, encumber, alienate or otherwise dispose of his or her
exclusive property, without the consent of the other spouse, and appear alone in court to litigate with
regard to the same. (n)
Art. 112. The alienation of any exclusive property of a spouse administered by the other automatically
terminates the administration over such property and the proceeds of the alienation shall be turned over
to the owner-spouse. (n)
Art. 113. Property donated or left by will to the spouses, jointly and with designation of determinate
shares, shall pertain to the donee-spouses as his or her own exclusive property, and in the absence of
designation, share and share alike, without prejudice to the right of accretion when proper. (150a)
Art. 114. If the donations are onerous, the amount of the charges shall be borne by the exclusive
property of the donee spouse, whenever they have been advanced by the conjugal partnership of gains.
(151a)
Art. 115. Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be
governed by the rules on gratuitous or onerous acquisitions as may be proper in each case. (n)
Section 3. Conjugal Partnership Property
Art. 116. All property acquired during the marriage, whether the acquisition appears to have been made,
contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the
contrary is proved. (160a)
Art. 117. The following are conjugal partnership properties:
(1) Those acquired by onerous title during the marriage at the expense of the
common fund, whether the acquisition be for the partnership, or for only one of the
spouses;
(2) Those obtained from the labor, industry, work or profession of either or both of the
spouses;
(3) The fruits, natural, industrial, or civil, due or received during the marriage from the
common property, as well as the net fruits from the exclusive property of each
spouse;
(4) The share of either spouse in the hidden treasure which the law awards to the
finder or owner of the property where the treasure is found;
(5) Those acquired through occupation such as fishing or hunting;
(6) Livestock existing upon the dissolution of the partnership in excess of the number
of each kind brought to the marriage by either spouse; and
(7) Those which are acquired by chance, such as winnings from gambling or betting.
However, losses therefrom shall be borne exclusively by the loser-spouse. (153a,
154a, 155, 159)
Art. 118. Property bought on installments paid partly from exclusive funds of either or both spouses and
partly from conjugal funds belongs to the buyer or buyers if full ownership was vested before the
marriage and to the conjugal partnership if such ownership was vested during the marriage. In either
case, any amount advanced by the partnership or by either or both spouses shall be reimbursed by the
owner or owners upon liquidation of the partnership. (n)
Art. 119. Whenever an amount or credit payable within a period of time belongs to one of the spouses,
the sums which may be collected during the marriage in partial payments or by installments on the
principal shall be the exclusive property of the spouse. However, interests falling due during the
marriage on the principal shall belong to the conjugal partnership. (156a, 157a)
Art. 120. The ownership of improvements, whether for utility or adornment, made on the separate
property of the spouses at the expense of the partnership or through the acts or efforts of either or both
spouses shall pertain to the conjugal partnership, or to the original owner-spouse, subject to the
following rules:
When the cost of the improvement made by the conjugal partnership and any resulting increase in value
are more than the value of the property at the time of the improvement, the entire property of one of the
spouses shall belong to the conjugal partnership, subject to reimbursement of the value of the property
of the owner-spouse at the time of the improvement; otherwise, said property shall be retained in
ownership by the owner-spouse, likewise subject to reimbursement of the cost of the improvement.
In either case, the ownership of the entire property shall be vested upon the reimbursement, which shall
be made at the time of the liquidation of the conjugal partnership. (158a)
Section 4. Charges Upon and Obligations of the Conjugal Partnership
Art. 121. The conjugal partnership shall be liable for:
(1) The support of the spouse, their common children, and the legitimate children of
either spouse; however, the support of illegitimate children shall be governed by the
provisions of this Code on Support;
(2) All debts and obligations contracted during the marriage by the designated
administrator-spouse for the benefit of the conjugal partnership of gains, or by both
spouses or by one of them with the consent of the other;
(3) Debts and obligations contracted by either spouse without the consent of the other
to the extent that the family may have benefited;
(4) All taxes, liens, charges, and expenses, including major or minor repairs upon the
conjugal partnership property;
(5) All taxes and expenses for mere preservation made during the marriage upon the
separate property of either spouse;
(6) Expenses to enable either spouse to commence or complete a professional,
vocational, or other activity for self-improvement;
(7) Antenuptial debts of either spouse insofar as they have redounded to the benefit
of the family;
(8) The value of what is donated or promised by both spouses in favor of their
common legitimate children for the exclusive purpose of commencing or completing a
professional or vocational course or other activity for self-improvement; and
(9) Expenses of litigation between the spouses unless the suit is found to groundless.
If the conjugal partnership is insufficient to cover the foregoing liabilities, the spouses shall be solidarily
liable for the unpaid balance with their separate properties. (161a)
Art. 122. The payment of personal debts contracted by the husband or the wife before or during the
marriage shall not be charged to the conjugal properties partnership except insofar as they redounded
to the benefit of the family.
Neither shall the fines and pecuniary indemnities imposed upon them be charged to the partnership.
However, the payment of personal debts contracted by either spouse before the marriage, that of fines
and indemnities imposed upon them, as well as the support of illegitimate children of either spouse,
may be enforced against the partnership assets after the responsibilities enumerated in the preceding
Article have been covered, if the spouse who is bound should have no exclusive property or if it should
be insufficient; but at the time of the liquidation of the partnership, such spouse shall be charged for
what has been paid for the purpose above-mentioned. (163a)
Art. 123. Whatever may be lost during the marriage in any game of chance or in betting, sweepstakes,
or any other kind of gambling whether permitted or prohibited by law, shall be borne by the loser and
shall not be charged to the conjugal partnership but any winnings therefrom shall form part of the
conjugal partnership property. (164a)
Section 5. Administration of the Conjugal Partnership Property
Art. 124. The administration and enjoyment of the conjugal partnership shall belong to both spouses
jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by
the wife for proper remedy, which must be availed of within five years from the date of the contract
implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the administration of
the conjugal properties, the other spouse may assume sole powers of administration. These powers do
not include disposition or encumbrance without authority of the court or the written consent of the other
spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void.
However, the transaction shall be construed as a continuing offer on the part of the consenting spouse
and the third person, and may be perfected as a binding contract upon the acceptance by the other
spouse or authorization by the court before the offer is withdrawn by either or both offerors. (165a)
Art. 125. Neither spouse may donate any conjugal partnership property without the consent of the other.
However, either spouse may, without the consent of the other, make moderate donations from the
conjugal partnership property for charity or on occasions of family rejoicing or family distress. (174a)
Section 6. Dissolution of Conjugal Partnership Regime
Art. 126. The conjugal partnership terminates:
(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void; or
(4) In case of judicial separation of property during the marriage under Articles 134 to
138 (175a)
Art. 127. The separation in fact between husband and wife shall not affect the regime of conjugal
partnership, except that:
(1) The spouse who leaves the conjugal home or refuses to live therein, without just
cause, shall not have the right to be supported;
 (2) When the consent of one spouse to any transaction of the other is required by law,
judicial authorization shall be obtained in a summary proceeding;
(3) In the absence of sufficient conjugal partnership property, the separate property of
both spouses shall be solidarily liable for the support of the family. The spouse
present shall, upon petition in a summary proceeding, be given judicial authority to
administer or encumber any specific separate property of the other spouse and use
the fruits or proceeds thereof to satisfy the latter's share. (178a)
Art. 128. If a spouse without just cause abandons the other or fails to comply with his or her obligation
to the family, the aggrieved spouse may petition the court for receivership, for judicial separation of
property, or for authority to be the sole administrator of the conjugal partnership property, subject to
such precautionary conditions as the court may impose.
The obligations to the family mentioned in the preceding paragraph refer to marital, parental or property
relations.
A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without
intention of returning. The spouse who has left the conjugal dwelling for a period of three months or has
failed within the same period to give any information as to his or her whereabouts shall be prima facie
presumed to have no intention of returning to the conjugal dwelling. (167a, 191a)
Section 7. Liquidation of the Conjugal Partnership Assets and Liabilities
Art. 129. Upon the dissolution of the conjugal partnership regime, the following procedure shall apply:
(1) An inventory shall be prepared, listing separately all the properties of the conjugal
partnership and the exclusive properties of each spouse.
(2) Amounts advanced by the conjugal partnership in payment of personal debts and
obligations of either spouse shall be credited to the conjugal partnership as an asset
thereof.
(3) Each spouse shall be reimbursed for the use of his or her exclusive funds in the
acquisition of property or for the value of his or her exclusive property, the ownership
of which has been vested by law in the conjugal partnership.
(4) The debts and obligations of the conjugal partnership shall be paid out of the
conjugal assets. In case of insufficiency of said assets, the spouses shall be solidarily
liable for the unpaid balance with their separate properties, in accordance with the
provisions of paragraph (2) of Article 121.
(5) Whatever remains of the exclusive properties of the spouses shall thereafter be
delivered to each of them.
(6) Unless the owner had been indemnified from whatever source, the loss or
deterioration of movables used for the benefit of the family, belonging to either
spouse, even due to fortuitous event, shall be paid to said spouse from the conjugal
funds, if any.
(7) The net remainder of the conjugal partnership properties shall constitute the
profits, which shall be divided equally between husband and wife, unless a different
proportion or division was agreed upon in the marriage settlements or unless there
has been a voluntary waiver or forfeiture of such share as provided in this Code.
(8) The presumptive legitimes of the common children shall be delivered upon the
partition in accordance with Article 51.
(9) In the partition of the properties, the conjugal dwelling and the lot on which it is
situated shall, unless otherwise agreed upon by the parties, be adjudicated to the
spouse with whom the majority of the common children choose to remain. Children
below the age of seven years are deemed to have chosen the mother, unless the
court has decided otherwise. In case there is no such majority, the court shall decide,
taking into consideration the best interests of said children. (181a, 182a, 183a, 184a,
185a)
Art. 130. Upon the termination of the marriage by death, the conjugal partnership property shall be
liquidated in the same proceeding for the settlement of the estate of the deceased.
If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the conjugal
partnership property either judicially or extra-judicially within six months from the death of the deceased
spouse. If upon the lapse of the six-month period no liquidation is made, any disposition or
encumbrance involving the conjugal partnership property of the terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage without compliance with the foregoing
requirements, a mandatory regime of complete separation of property shall govern the property
relations of the subsequent marriage. (n)
Art. 131. Whenever the liquidation of the conjugal partnership properties of two or more marriages
contracted by the same person before the effectivity of this Code is carried out simultaneously, the
respective capital, fruits and income of each partnership shall be determined upon such proof as may
be considered according to the rules of evidence. In case of doubt as to which partnership the existing
properties belong, the same shall be divided between the different partnerships in proportion to the
capital and duration of each. (189a)
Art. 132. The Rules of Court on the administration of estates of deceased persons shall be observed in
the appraisal and sale of property of the conjugal partnership, and other matters which are not
expressly determined in this Chapter. (187a)
Art. 133. From the common mass of property support shall be given to the surviving spouse and to the
children during the liquidation of the inventoried property and until what belongs to them is delivered;
but from this shall be deducted that amount received for support which exceeds the fruits or rents
pertaining to them. (188a)
Chapter 5. Separation of Property of the Spouses and Administration of Common Property by
One Spouse During the Marriage
Art. 134. In the absence of an express declaration in the marriage settlements, the separation of
property between spouses during the marriage shall not take place except by judicial order. Such
judicial separation of property may either be voluntary or for sufficient cause. (190a)
Art. 135. Any of the following shall be considered sufficient cause for judicial separation of property:
(1) That the spouse of the petitioner has been sentenced to a penalty which carries
with it civil interdiction;
(2) That the spouse of the petitioner has been judicially declared an absentee;
(3) That loss of parental authority of the spouse of petitioner has been decreed by the
court;
(4) That the spouse of the petitioner has abandoned the latter or failed to comply with
his or her obligations to the family as provided for in Article 101;
(5) That the spouse granted the power of administration in the marriage settlements
has abused that power; and
(6) That at the time of the petition, the spouses have been separated in fact for at
least one year and reconciliation is highly improbable.
In the cases provided for in Numbers (1), (2) and (3), the presentation of the final judgment against the
guilty or absent spouse shall be enough basis for the grant of the decree of judicial separation of
property. (191a)
Art. 136. The spouses may jointly file a verified petition with the court for the voluntary dissolution of the
absolute community or the conjugal partnership of gains, and for the separation of their common
properties.
All creditors of the absolute community or of the conjugal partnership of gains, as well as the personal
creditors of the spouse, shall be listed in the petition and notified of the filing thereof. The court shall
take measures to protect the creditors and other persons with pecuniary interest. (191a)
Art. 137. Once the separation of property has been decreed, the absolute community or the conjugal
partnership of gains shall be liquidated in conformity with this Code.
During the pendency of the proceedings for separation of property, the absolute community or the
conjugal partnership shall pay for the support of the spouses and their children. (192a)
Art. 138. After dissolution of the absolute community or of the conjugal partnership, the provisions on
complete separation of property shall apply. (191a)
Art. 139. The petition for separation of property and the final judgment granting the same shall be
recorded in the proper local civil registries and registries of property. (193a)
Art. 140. The separation of property shall not prejudice the rights previously acquired by creditors.
(194a)
Art. 141. The spouses may, in the same proceedings where separation of property was decreed, file a
motion in court for a decree reviving the property regime that existed between them before the
separation of property in any of the following instances:
(1) When the civil interdiction terminates;
(2) When the absentee spouse reappears;
(3) When the court, being satisfied that the spouse granted the power of
administration in the marriage settlements will not again abuse that power, authorizes
the resumption of said administration;
(4) When the spouse who has left the conjugal home without a decree of legal
separation resumes common life with the other;
(5) When parental authority is judicially restored to the spouse previously deprived
thereof;
(6) When the spouses who have separated in fact for at least one year, reconcile and
resume common life; or
(7) When after voluntary dissolution of the absolute community of property or conjugal
partnership has been judicially decreed upon the joint petition of the spouses, they
agree to the revival of the former property regime. No voluntary separation of property
may thereafter be granted.
The revival of the former property regime shall be governed by Article 67. (195a)
Art. 142. The administration of all classes of exclusive property of either spouse may be transferred by
the court to the other spouse:
(1) When one spouse becomes the guardian of the other;
(2) When one spouse is judicially declared an absentee;
(3) When one spouse is sentenced to a penalty which carries with it civil interdiction;
or
(4) When one spouse becomes a fugitive from justice or is in hiding as an accused in
a criminal case.
If the other spouse is not qualified by reason of incompetence, conflict of interest, or any other just
cause, the court shall appoint a suitable person to be the administrator. (n)
Chapter 6. Regime of Separation of Property
Art. 143. Should the future spouses agree in the marriage settlements that their property relations
during marriage shall be governed by the regime of separation of property, the provisions of this
Chapter shall be suppletory. (212a)
Art. 144. Separation of property may refer to present or future property or both. It may be total or partial.
In the latter case, the property not agreed upon as separate shall pertain to the absolute community.
(213a)
Art. 145. Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate
estate, without need of the consent of the other. To each spouse shall belong all earnings from his or
her profession, business or industry and all fruits, natural, industrial or civil, due or received during the
marriage from his or her separate property. (214a)
Art. 146. Both spouses shall bear the family expenses in proportion to their income, or, in case of
insufficiency or default thereof, to the current market value of their separate properties.
The liabilities of the spouses to creditors for family expenses shall, however, be solidary. (215a)
Chapter 7. Property Regime of Unions Without Marriage
Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each
other as husband and wife without the benefit of marriage or under a void marriage, their wages and
salaries shall be owned by them in equal shares and the property acquired by both of them through
their work or industry shall be governed by the rules on co-ownership.
In the absence of proof to the contrary, properties acquired while they lived together shall be presumed
to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal
shares. For purposes of this Article, a party who did not participate in the acquisition by the other party
of any property shall be deemed to have contributed jointly in the acquisition thereof if the former's
efforts consisted in the care and maintenance of the family and of the household.
Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired
during cohabitation and owned in common, without the consent of the other, until after the termination of
their cohabitation.
When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the
co-ownership shall be forfeited in favor of their common children. In case of default of or waiver by any
or all of the common children or their descendants, each vacant share shall belong to the respective
surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In
all cases, the forfeiture shall take place upon termination of the cohabitation. (144a)
Art. 148. In cases of cohabitation not falling under the preceding Article, only the properties acquired by
both of the parties through their actual joint contribution of money, property, or industry shall be owned
by them in common in proportion to their respective contributions. In the absence of proof to the
contrary, their contributions and corresponding shares are presumed to be equal. The same rule and
presumption shall apply to joint deposits of money and evidences of credit.
If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the
absolute community or conjugal partnership existing in such valid marriage. If the party who acted in
bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last
paragraph of the preceding Article.
The foregoing rules on forfeiture shall likewise apply even if both parties are in both faith. (144a)
TITLE V
THE FAMILY
Chapter 1. The Family as an Institution
Art. 149. The family, being the foundation of the nation, is a basic social institution which public policy
cherishes and protects. Consequently, family relations are governed by law and no custom, practice or
agreement destructive of the family shall be recognized or given effect. (216a, 218a)
Art. 50. Family relations include those:
(1) Between husband and wife;
(2) Between parents and children;
(3) Among brothers and sisters, whether of the full or halfblood. (217a)
Art. 151. No suit between members of the same family shall prosper unless it should appear from the
verified complaint or petition that earnest efforts toward a compromise have been made, but that the
same have failed. If it is shown that no such efforts were in fact made, the same case must be
dismissed.
This rules shall not apply to cases which may not be the subject of compromise under the Civil Code.
(222a)
Chapter 2. The Family Home
Art. 152. The family home, constituted jointly by the husband and the wife or by an unmarried head of a
family, is the dwelling house where they and their family reside, and the land on which it is situated.
(223a)
Art. 153. The family home is deemed constituted on a house and lot from the time it is occupied as a
family residence. From the time of its constitution and so long as any of its beneficiaries actually resides
therein, the family home continues to be such and is exempt from execution, forced sale or attachment
except as hereinafter provided and to the extent of the value allowed by law. (223a)
Art. 154. The beneficiaries of a family home are:
(1) The husband and wife, or an unmarried person who is the head of a family; and
(2) Their parents, ascendants, descendants, brothers and sisters, whether the
relationship be legitimate or illegitimate, who are living in the family home and who
depend upon the head of the family for legal support. (226a)
Art. 155. The family home shall be exempt from execution, forced sale or attachment except:
(1) For nonpayment of taxes;
(2) For debts incurred prior to the constitution of the family home;
(3) For debts secured by mortgages on the premises before or after such constitution;
and
(4) For debts due to laborers, mechanics, architects, builders, materialmen and others
who have rendered service or furnished material for the construction of the building.
(243a)
Art. 156. The family home must be part of the properties of the absolute community or the conjugal
partnership, or of the exclusive properties of either spouse with the latter's consent. It may also be
constituted by an unmarried head of a family on his or her own property.
Nevertheless, property that is the subject of a conditional sale on installments where ownership is
reserved by the vendor only to guarantee payment of the purchase price may be constituted as a family
home. (227a, 228a)
Art. 157. The actual value of the family home shall not exceed, at the time of its constitution, the amount
of the three hundred thousand pesos in urban areas, and two hundred thousand pesos in rural areas, or
such amounts as may hereafter be fixed by law.
In any event, if the value of the currency changes after the adoption of this Code, the value most
favorable for the constitution of a family home shall be the basis of evaluation.
For purposes of this Article, urban areas are deemed to include chartered cities and municipalities
whose annual income at least equals that legally required for chartered cities. All others are deemed to
be rural areas. (231a)
Art. 158. The family home may be sold, alienated, donated, assigned or encumbered by the owner or
owners thereof with the written consent of the person constituting the same, the latter's spouse, and a
majority of the beneficiaries of legal age. In case of conflict, the court shall decide. (235a)
Art. 159. The family home shall continue despite the death of one or both spouses or of the unmarried
head of the family for a period of ten years or for as long as there is a minor beneficiary, and the heirs
cannot partition the same unless the court finds compelling reasons therefor. This rule shall apply
regardless of whoever owns the property or constituted the family home. (238a)
Art. 160. When a creditor whose claims is not among those mentioned in Article 155 obtains a judgment
in his favor, and he has reasonable grounds to believe that the family home is actually worth more than
the maximum amount fixed in Article 157, he may apply to the court which rendered the judgment for an
order directing the sale of the property under execution. The court shall so order if it finds that the actual
value of the family home exceeds the maximum amount allowed by law as of the time of its constitution.
If the increased actual value exceeds the maximum allowed in Article 157 and results from subsequent
voluntary improvements introduced by the person or persons constituting the family home, by the owner
or owners of the property, or by any of the beneficiaries, the same rule and procedure shall apply.
At the execution sale, no bid below the value allowed for a family home shall be considered. The
proceeds shall be applied first to the amount mentioned in Article 157, and then to the liabilities under
the judgment and the costs. The excess, if any, shall be delivered to the judgment debtor. (247a, 248a)
Art. 161. For purposes of availing of the benefits of a family home as provided for in this Chapter, a
person may constitute, or be the beneficiary of, only one family home. (n)
Art. 162. The provisions in this Chapter shall also govern existing family residences insofar as said
provisions are applicable. (n)
TITLE VI
PATERNITY AND FILIATION
Chapter 1. Legitimate Children
Art. 163. The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or
illegitimate. (n)
Art. 164. Children conceived or born during the marriage of the parents are legitimate.
Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that
of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of
them authorized or ratified such insemination in a written instrument executed and signed by them
before the birth of the child. The instrument shall be recorded in the civil registry together with the birth
certificate of the child. (55a, 258a)
Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless otherwise
provided in this Code. (n)
Art. 166. Legitimacy of a child may be impugned only on the following grounds:
(1) That it was physically impossible for the husband to have sexual intercourse with
his wife within the first 120 days of the 300 days which immediately preceded the birth
of the child because of:
 (a) the physical incapacity of the husband to have sexual intercourse with his
wife;
(b) the fact that the husband and wife were living separately in such a way
that sexual intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented sexual
intercourse;
(2) That it is proved that for biological or other scientific reasons, the child could not
have been that of the husband, except in the instance provided in the second
paragraph of Article 164; or
(3) That in case of children conceived through artificial insemination, the written
authorization or ratification of either parent was obtained through mistake, fraud,
violence, intimidation, or undue influence. (255a)
Art. 167. The child shall be considered legitimate although the mother may have declared against its
legitimacy or may have been sentenced as an adulteress. (256a)
Art. 168. If the marriage is terminated and the mother contracted another marriage within three hundred
days after such termination of the former marriage, these rules shall govern in the absence of proof to
the contrary:
(1) A child born before one hundred eighty days after the solemnization of the
subsequent marriage is considered to have been conceived during the former
marriage, provided it be born within three hundred days after the termination of the
former marriage;
(2) A child born after one hundred eighty days following the celebration of the
subsequent marriage is considered to have been conceived during such marriage,
even though it be born within the three hundred days after the termination of the
former marriage. (259a)
Art. 169. The legitimacy or illegitimacy of a child born after three hundred days following the termination
of the marriage shall be proved by whoever alleges such legitimacy or illegitimacy. (261a)
Art. 170. The action to impugn the legitimacy of the child shall be brought within one year from the
knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his
heirs, should reside in the city or municipality where the birth took place or was recorded.
If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the first
paragraph or where it was recorded, the period shall be two years if they should reside in the
Philippines; and three years if abroad. If the birth of the child has been concealed from or was unknown
to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth of
the child or of the fact of registration of said birth, whichever is earlier. (263a)
Art. 171. The heirs of the husband may impugn the filiation of the child within the period prescribed in
the preceding article only in the following cases:
(1) If the husband should died before the expiration of the period fixed for bringing his
action;
(2) If he should die after the filing of the complaint without having desisted therefrom;
or
(3) If the child was born after the death of the husband. (262a)
Chapter 2. Proof of Filiation
Art. 172. The filiation of legitimate children is established by any of the following:
(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private handwritten
instrument and signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be proved by:
(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws. (265a, 266a,
267a)
Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall
be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases,
the heirs shall have a period of five years within which to institute the action.
Art. 174. Legitimate children shall have the right:
(1) To bear the surnames of the father and the mother, in conformity with the
provisions of the Civil Code on Surnames;
(2) To receive support from their parents, their ascendants, and in proper cases, their
brothers and sisters, in conformity with the provisions of this Code on Support; and
(3) To be entitled to the legitimate and other successional rights granted to them by
the Civil Code. (264a)
Chapter 3. Illegitimate Children
Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same
evidence as legitimate children.
The action must be brought within the same period specified in Article 173, except when the action is (2) Any person who has been convicted of a crime involving moral turpitude;
based on the second paragraph of Article 172, in which case the action may be brought during the
lifetime of the alleged parent. (289a) (3) An alien, except:

Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their (a) A former Filipino citizen who seeks to adopt a relative by consanguinity;
mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate
child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other
provisions in the Civil Code governing successional rights shall remain in force. (287a) (b) One who seeks to adopt the legitimate child of his or her Filipino spouse;
or
Chapter 4. Legitimated Children
(c) One who is married to a Filipino citizen and seeks to adopt jointly with his
or her spouse a relative by consanguinity of the latter.
Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the
conception of the former, were not disqualified by any impediment to marry each other may be
legitimated. (269a) Aliens not included in the foregoing exceptions may adopt Filipino children in
accordance with the rules on inter-country adoptions as may be provided by law.
(28a, EO 91 and PD 603)
Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment
of a viodable marriage shall not affect the legitimation. (270a)
Art. 185. Husband and wife must jointly adopt, except in the following cases:
Art. 179. Legitimated children shall enjoy the same rights as legitimate children. (272a)
(1) When one spouse seeks to adopt his own illegitimate child; or
Art. 180. The effects of legitimation shall retroact to the time of the child's birth. (273a)
(2) When one spouse seeks to adopt the legitimate child of the other. (29a, EO 91
and PD 603)
Art. 181. The legitimation of children who died before the celebration of the marriage shall benefit their
descendants. (274)
Art. 186. In case husband and wife jointly adopt or one spouse adopts the legitimate child of the other,
joint parental authority shall be exercised by the spouses in accordance with this Code. (29a, EO and
Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights, within five PD 603)
years from the time their cause of action accrues. (275a)
Art. 187. The following may not be adopted:
TITLE VII
ADOPTION
(1) A person of legal age, unless he or she is a child by nature of the adopter or his or
her spouse, or, prior to the adoption, said person has been consistently considered
Art. 183. A person of age and in possession of full civil capacity and legal rights may adopt, provided he and treated by the adopter as his or her own child during minority.
is in a position to support and care for his children, legitimate or illegitimate, in keeping with the means
of the family.
(2) An alien with whose government the Republic of the Philippines has no diplomatic
relations; and
Only minors may be adopted, except in the cases when the adoption of a person of majority age is
allowed in this Title.
(3) A person who has already been adopted unless such adoption has been
previously revoked or rescinded. (30a, EO 91 and PD 603)
In addition, the adopter must be at least sixteen years older than the person to be adopted, unless the
adopter is the parent by nature of the adopted, or is the spouse of the legitimate parent of the person to
be adopted. (27a, EO 91 and PD 603) Art. 188. The written consent of the following to the adoption shall be necessary:

Art. 184. The following persons may not adopt: (1) The person to be adopted, if ten years of age or over,

(1) The guardian with respect to the ward prior to the approval of the final accounts (2) The parents by nature of the child, the legal guardian, or the proper government
rendered upon the termination of their guardianship relation; instrumentality;
 (3) The legitimate and adopted children, ten years of age or over, of the adopting
parent or parents;
(4) The illegitimate children, ten years of age or over, of the adopting parent, if living
with said parent and the latter's spouse, if any; and
(5) The spouse, if any, of the person adopting or to be adopted. (31a, EO 91 and PD
603)
Art. 189. Adoption shall have the following effects:
(1) For civil purposes, the adopted shall be deemed to be a legitimate child of the
adopters and both shall acquire the reciprocal rights and obligations arising from the
relationship of parent and child, including the right of the adopted to use the surname
of the adopters;
(2) The parental authority of the parents by nature over the adopted shall terminate
and be vested in the adopters, except that if the adopter is the spouse of the parent
by nature of the adopted, parental authority over the adopted shall be exercised
jointly by both spouses; and
(3) The adopted shall remain an intestate heir of his parents and other blood relatives.
(39(1)a, (3)a, PD 603)
Art. 190. Legal or intestate succession to the estate of the adopted shall be governed by the following
rules:
(1) Legitimate and illegitimate children and descendants and the surviving spouse of
the adopted shall inherit from the adopted, in accordance with the ordinary rules of
legal or intestate succession;
(2) When the parents, legitimate or illegitimate, or the legitimate ascendants of the
adopted concur with the adopter, they shall divide the entire estate, one-half to be
inherited by the parents or ascendants and the other half, by the adopters;
(3) When the surviving spouse or the illegitimate children of the adopted concur with
the adopters, they shall divide the entire estate in equal shares, one-half to be
inherited by the spouse or the illegitimate children of the adopted and the other half,
by the adopters.
(4) When the adopters concur with the illegitimate children and the surviving spouse
of the adopted, they shall divide the entire estate in equal shares, one-third to be
inherited by the illegitimate children, one-third by the surviving spouse, and one-third
by the adopters;
(5) When only the adopters survive, they shall inherit the entire estate; and
(6) When only collateral blood relatives of the adopted survive, then the ordinary rules
of legal or intestate succession shall apply. (39(4)a, PD 603)
Art. 191. If the adopted is a minor or otherwise incapacitated, the adoption may be judicially rescinded
upon petition of any person authorized by the court or proper government instrumental acting on his
behalf, on the same grounds prescribed for loss or suspension of parental authority. If the adopted is at
least eighteen years of age, he may petition for judicial rescission of the adoption on the same grounds
prescribed for disinheriting an ascendant. (40a, PD 603)
Art. 192. The adopters may petition the court for the judicial rescission of the adoption in any of the
following cases:
(1) If the adopted has committed any act constituting ground for disinheriting a
descendant; or
(2) When the adopted has abandoned the home of the adopters during minority for at
least one year, or, by some other acts, has definitely repudiated the adoption. (41a,
PD 603)
Art. 193. If the adopted minor has not reached the age of majority at the time of the judicial rescission of
the adoption, the court in the same proceeding shall reinstate the parental authority of the parents by
nature, unless the latter are disqualified or incapacitated, in which case the court shall appoint a
guardian over the person and property of the minor. If the adopted person is physically or mentally
handicapped, the court shall appoint in the same proceeding a guardian over his person or property or
both.
Judicial rescission of the adoption shall extinguish all reciprocal rights and obligations between the
adopters and the adopted arising from the relationship of parent and child. The adopted shall likewise
lose the right to use the surnames of the adopters and shall resume his surname prior to the adoption.
The court shall accordingly order the amendment of the records in the proper registries. (42a, PD 603)
TITLE VIII
SUPPORT
Art. 194. Support compromises everything indispensable for sustenance, dwelling, clothing, medical
attendance, education and transportation, in keeping with the financial capacity of the family.
The education of the person entitled to be supported referred to in the preceding paragraph shall
include his schooling or training for some profession, trade or vocation, even beyond the age of
majority. Transportation shall include expenses in going to and from school, or to and from place of
work. (290a)
Art. 105. Subject to the provisions of the succeeding articles, the following are obliged to support each
other to the whole extent set forth in the preceding article:
(1) The spouses;
 (2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and illegitimate children of
the latter;
(4) Parents and their illegitimate children and the legitimate and illegitimate children of
the latter; and
(5) Legitimate brothers and sisters, whether of full or half-blood (291a)
Art. 196. Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise
bound to support each other to the full extent set forth in Article 194, except only when the need for
support of the brother or sister, being of age, is due to a cause imputable to the claimant's fault or
negligence. (291a)
Art. 197. In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers
and sisters, whether legitimately or illegitimately related, only the separate property of the person
obliged to give support shall be answerable provided that in case the obligor has no separate property,
the absolute community or the conjugal partnership, if financially capable, shall advance the support,
which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute
community or of the conjugal partnership. (n)
Art. 198. During the proceedings for legal separation or for annulment of marriage, and for declaration
of nullity of marriage, the spouses and their children shall be supported from the properties of the
absolute community or the conjugal partnership. After the final judgment granting the petition, the
obligation of mutual support between the spouses ceases. However, in case of legal separation, the
court may order that the guilty spouse shall give support to the innocent one, specifying the terms of
such order. (292a)
Art. 199. Whenever two or more persons are obliged to give support, the liability shall devolve upon the
following persons in the order herein provided:
(1) The spouse;
(2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters. (294a)
Art. 200. When the obligation to give support falls upon two or more persons, the payment of the same
shall be divided between them in proportion to the resources of each.
However, in case of urgent need and by special circumstances, the judge may order only one of them to
furnish the support provisionally, without prejudice to his right to claim from the other obligors the share
due from them.
When two or more recipients at the same time claim support from one and the same person legally
obliged to give it, should the latter not have sufficient means to satisfy all claims, the order established
in the preceding article shall be followed, unless the concurrent obligees should be the spouse and a
child subject to parental authority, in which case the child shall be preferred. (295a)
Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion
to the resources or means of the giver and to the necessities of the recipient. (296a)
Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased
proportionately, according to the reduction or increase of the necessities of the recipient and the
resources or means of the person obliged to furnish the same. (297a)
Art. 203. The obligation to give support shall be demandable from the time the person who has a right to
receive the same needs it for maintenance, but it shall not be paid except from the date of judicial or
extrajudicial demand.
Support pendente lite may be claimed in accordance with the Rules of Court.
Payment shall be made within the first five days of each corresponding month or when the recipient
dies, his heirs shall not be obliged to return what he has received in advance. (298a)
Art. 204. The person obliged to give support shall have the option to fulfill the obligation either by paying
the allowance fixed, or by receiving and maintaining in the family dwelling the person who has a right to
receive support. The latter alternative cannot be availed of in case there is a moral or legal obstacle
thereto. (299a)
Art. 205. The right to receive support under this Title as well as any money or property obtained as such
support shall not be levied upon on attachment or execution. (302a)
Art. 206. When, without the knowledge of the person obliged to give support, it is given by a stranger,
the latter shall have a right to claim the same from the former, unless it appears that he gave it without
intention of being reimbursed. (2164a)
Art. 207. When the person obliged to support another unjustly refuses or fails to give support when
urgently needed by the latter, any third person may furnish support to the needy individual, with right of
reimbursement from the person obliged to give support. This Article shall particularly apply when the
father or mother of a child under the age of majority unjustly refuses to support or fails to give support to
the child when urgently needed. (2166a)
Art. 208. In case of contractual support or that given by will, the excess in amount beyond that required
for legal support shall be subject to levy on attachment or execution.
Furthermore, contractual support shall be subject to adjustment whenever modification is necessary
due to changes of circumstances manifestly beyond the contemplation of the parties. (n)
TITLE IX
PARENTAL AUTHORITY

Chapter 1. General Provisions
Art. 209. Pursuant to the natural right and duty of parents over the person and property of their
unemancipated children, parental authority and responsibility shall include the caring for and rearing
them for civic consciousness and efficiency and the development of their moral, mental and physical
character and well-being. (n)
Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases
authorized by law. (313a)
Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their
common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial
order to the contrary.
Children shall always observe respect and reverence towards their parents and are obliged to obey
them as long as the children are under parental authority. (311a)
Art. 212. In case of absence or death of either parent, the parent present shall continue exercising
parental authority. The remarriage of the surviving parent shall not affect the parental authority over the
children, unless the court appoints another person to be the guardian of the person or property of the
children. (n)
Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent
designated by the Court. The Court shall take into account all relevant considerations, especially the
choice of the child over seven years of age, unless the parent chosen is unfit. (n)
Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be
exercised by the surviving grandparent. In case several survive, the one designated by the court, taking
into account the same consideration mentioned in the preceding article, shall exercise the authority.
(355a)
Art. 215. No descendant shall be compelled, in a criminal case, to testify against his parents and
grandparents, except when such testimony is indispensable in a crime against the descendant or by
one parent against the other. (315a)
Chapter 2. Substitute and Special Parental Authority
Art. 216. In default of parents or a judicially appointed guardian, the following person shall exercise
substitute parental authority over the child in the order indicated:
(1) The surviving grandparent, as provided in Art. 214;
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or
disqualified; and
(3) The child's actual custodian, over twenty-one years of age, unless unfit or
disqualified.
Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the
same order of preference shall be observed. (349a, 351a, 354a)
Art. 217. In case of foundlings, abandoned neglected or abused children and other children similarly
situated, parental authority shall be entrusted in summary judicial proceedings to heads of children's
homes, orphanages and similar institutions duly accredited by the proper government agency. (314a)
Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in
child are shall have special parental authority and responsibility over the minor child while under their
supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the premises
of the school, entity or institution. (349a)
Art. 219. Those given the authority and responsibility under the preceding Article shall be principally and
solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents,
judicial guardians or the persons exercising substitute parental authority over said minor shall be
subsidiarily liable.
The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved
that they exercised the proper diligence required under the particular circumstances.
All other cases not covered by this and the preceding articles shall be governed by the provisions of the
Civil Code on quasi-delicts. (n)
Chapter 3. Effect of Parental Authority
Upon the Persons of the Children
Art. 220. The parents and those exercising parental authority shall have with the respect to their
unemancipated children on wards the following rights and duties:
(1) To keep them in their company, to support, educate and instruct them by right
precept and good example, and to provide for their upbringing in keeping with their
means;
(2) To give them love and affection, advice and counsel, companionship and
understanding;
(3) To provide them with moral and spiritual guidance, inculcate in them honesty,
integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic
affairs, and inspire in them compliance with the duties of citizenship;
(4) To furnish them with good and wholesome educational materials, supervise their
activities, recreation and association with others, protect them from bad company,
 and prevent them from acquiring habits detrimental to their health, studies and
morals;
(5) To represent them in all matters affecting their interests;
(6) To demand from them respect and obedience;
(7) To impose discipline on them as may be required under the circumstances; and
(8) To perform such other duties as are imposed by law upon parents and guardians.
(316a)
Art. 221. Parents and other persons exercising parental authority shall be civilly liable for the injuries
and damages caused by the acts or omissions of their unemancipated children living in their company
and under their parental authority subject to the appropriate defenses provided by law. (2180(2)a and
(4)a )
Art. 222. The courts may appoint a guardian of the child's property or a guardian ad litem when the best
interests of the child so requires. (317)
Art. 223. The parents or, in their absence or incapacity, the individual, entity or institution exercising
parental authority, may petition the proper court of the place where the child resides, for an order
providing for disciplinary measures over the child. The child shall be entitled to the assistance of
counsel, either of his choice or appointed by the court, and a summary hearing shall be conducted
wherein the petitioner and the child shall be heard.
However, if in the same proceeding the court finds the petitioner at fault, irrespective of the merits of the
petition, or when the circumstances so warrant, the court may also order the deprivation or suspension
of parental authority or adopt such other measures as it may deem just and proper. (318a)
Art. 224. The measures referred to in the preceding article may include the commitment of the child for
not more than thirty days in entities or institutions engaged in child care or in children's homes duly
accredited by the proper government agency.
The parent exercising parental authority shall not interfere with the care of the child whenever
committed but shall provide for his support. Upon proper petition or at its own instance, the court may
terminate the commitment of the child whenever just and proper. (391a)
Chapter 4. Effect of Parental Authority
Upon the Property of the Children
Art. 225. The father and the mother shall jointly exercise legal guardianship over the property of the
unemancipated common child without the necessity of a court appointment. In case of disagreement,
the father's decision shall prevail, unless there is a judicial order to the contrary.
Where the market value of the property or the annual income of the child exceeds P50,000, the parent
concerned shall be required to furnish a bond in such amount as the court may determine, but not less
than ten per centum (10%) of the value of the property or annual income, to guarantee the performance
of the obligations prescribed for general guardians.
A verified petition for approval of the bond shall be filed in the proper court of the place where the child
resides, or, if the child resides in a foreign country, in the proper court of the place where the property or
any part thereof is situated.
The petition shall be docketed as a summary special proceeding in which all incidents and issues
regarding the performance of the obligations referred to in the second paragraph of this Article shall be
heard and resolved.
The ordinary rules on guardianship shall be merely suppletory except when the child is under substitute
parental authority, or the guardian is a stranger, or a parent has remarried, in which case the ordinary
rules on guardianship shall apply. (320a)
Art. 226. The property of the unemancipated child earned or acquired with his work or industry or by
onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the
latter's support and education, unless the title or transfer provides otherwise.
The right of the parents over the fruits and income of the child's property shall be limited primarily to the
child's support and secondarily to the collective daily needs of the family. (321a, 323a)
Art. 227. If the parents entrust the management or administration of any of their properties to an
unemancipated child, the net proceeds of such property shall belong to the owner. The child shall be
given a reasonable monthly allowance in an amount not less than that which the owner would have paid
if the administrator were a stranger, unless the owner, grants the entire proceeds to the child. In any
case, the proceeds thus give in whole or in part shall not be charged to the child's legitime. (322a)
Chapter 5. Suspension or Termination of Parental Authority
Art. 228. Parental authority terminates permanently:
(1) Upon the death of the parents;
(2) Upon the death of the child; or
(3) Upon emancipation of the child. (327a)
Art. 229. Unless subsequently revived by a final judgment, parental authority also terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian;
(3) Upon judicial declaration of abandonment of the child in a case filed for the
purpose;
 (4) Upon final judgment of a competent court divesting the party concerned of
parental authority; or
(5) Upon judicial declaration of absence or incapacity of the person exercising
parental authority. (327a)
Art. 230. Parental authority is suspended upon conviction of the parent or the person exercising the
same of a crime which carries with it the penalty of civil interdiction. The authority is automatically
reinstated upon service of the penalty or upon pardon or amnesty of the offender. (330a)
Art. 231. The court in an action filed for the purpose in a related case may also suspend parental
authority if the parent or the person exercising the same:
(1) Treats the child with excessive harshness or cruelty;
(2) Gives the child corrupting orders, counsel or example;
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be subjected to acts of lasciviousness.
The grounds enumerated above are deemed to include cases which have resulted from culpable
negligence of the parent or the person exercising parental authority. lawphi1.net
If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall deprive
the guilty party of parental authority or adopt such other measures as may be proper under the
circumstances.
The suspension or deprivation may be revoked and the parental authority revived in a case filed for the
purpose or in the same proceeding if the court finds that the cause therefor has ceased and will not be
repeated. (33a)
Art. 232. If the person exercising parental authority has subjected the child or allowed him to be
subjected to sexual abuse, such person shall be permanently deprived by the court of such authority.
(n)
Art. 233. The person exercising substitute parental authority shall have the same authority over the
person of the child as the parents.
In no case shall the school administrator, teacher of individual engaged in child care exercising special
parental authority inflict corporal punishment upon the child. (n)
TITLE X
EMANCIPATION AND AGE OF MAJORITY
Art. 234. Emancipation takes place by the attainment of majority. Unless otherwise provided, majority
commences at the age of twenty-one years.
Emancipation also takes place:
(1) By the marriage of the minor; or
(2) By the recording in the Civil Register of an agreement in a public instrument
executed by the parent exercising parental authority and the minor at least eighteen
years of age. Such emancipation shall be irrevocable. (397a, 398a, 400a, 401a)
Art. 235. The provisions governing emancipation by recorded agreement shall also apply to an orphan
minor and the person exercising parental authority but the agreement must be approved by the court
before it is recorded. (n)
Art. 236. Emancipation for any cause shall terminate parental authority over the person and property of
the child who shall then be qualified and responsible for all acts of civil life. (412a)
Art. 237. The annulment or declaration of nullity of the marriage of a minor or of the recorded agreement
mentioned in the foregoing. Articles 234 and 235 shall revive the parental authority over the minor but
shall not affect acts and transactions that took place prior to the recording of the final judgment in the
Civil Register. (n)
TITLE XI
SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW
Chapter 1. Prefatory Provisions
Art. 238. Until modified by the Supreme Court, the procedural rules provided for in this Title shall apply
as regards separation in fact between husband and wife, abandonment by one of the other, and
incidents involving parental authority. (n)
Chapter 2. Separation in Fact
Art. 239. When a husband and wife are separated in fact, or one has abandoned the other and one of
them seeks judicial authorization for a transaction where the consent of the other spouse is required by
law but such consent is withheld or cannot be obtained, a verified petition may be filed in court alleging
the foregoing facts.
The petition shall attach the proposed deed, if any, embodying the transaction, and, if none, shall
describe in detail the said transaction and state the reason why the required consent thereto cannot be
secured. In any case, the final deed duly executed by the parties shall be submitted to and approved by
the court. (n)
Art. 240. Claims for damages by either spouse, except costs of the proceedings, may be litigated only in
a separate action. (n)
Art. 241. Jurisdiction over the petition shall, upon proof of notice to the other spouse, be exercised by  Skip to main content
the proper court authorized to hear family cases, if one exists, or in the regional trial court or its  Skip to primary sidebar
equivalent sitting in the place where either of the spouses resides. (n)
 Skip to secondary sidebar
 Skip to footer
Art. 242. Upon the filing of the petition, the court shall notify the other spouse, whose consent to the
transaction is required, of said petition, ordering said spouse to show cause why the petition should not
be granted, on or before the date set in said notice for the initial conference. The notice shall be
accompanied by a copy of the petition and shall be served at the last known address of the spouse
concerned. (n)

Art. 243. A preliminary conference shall be conducted by the judge personally without the parties being
assisted by counsel. After the initial conference, if the court deems it useful, the parties may be assisted
by counsel at the succeeding conferences and hearings. (n)

Art. 244. In case of non-appearance of the spouse whose consent is sought, the court shall inquire into
the reasons for his failure to appear, and shall require such appearance, if possible. (n)

Art. 245. If, despite all efforts, the attendance of the non-consenting spouse is not secured, the court
may proceed ex parte and render judgment as the facts and circumstances may warrant. In any case,
the judge shall endeavor to protect the interests of the non-appearing spouse. (n)

Art. 246. If the petition is not resolved at the initial conference, said petition shall be decided in a
summary hearing on the basis of affidavits, documentary evidence or oral testimonies at the sound
discretion of the court. If testimony is needed, the court shall specify the witnesses to be heard and the
subject-matter of their testimonies, directing the parties to present said witnesses. (n)

Art. 247. The judgment of the court shall be immediately final and executory. (n)

Art. 248. The petition for judicial authority to administer or encumber specific separate property of the
abandoning spouse and to use the fruits or proceeds thereof for the support of the family shall also be
governed by these rules. (n)

Chapter 3. Incidents Involving Parental Authority

Art. 249. Petitions filed under Articles 223, 225 and 235 of this Code involving parental authority shall be
verified.. (n)

Art. 250. Such petitions shall be verified and filed in the proper court of the place where the child
resides. (n)

Art. 251. Upon the filing of the petition, the court shall notify the parents or, in their absence or
incapacity, the individuals, entities or institutions exercising parental authority over the child. (n)

Art. 252. The rules in Chapter 2 hereof shall also govern summary proceedings under this Chapter
insofar as they are applicable. (n)

 Skip to navigation
Philippine Law Reviewers Characteristics of Criminal Law:

1. General – the law is binding to all persons who reside in the Philippines
2. Territorial – the law is binding to all crimes committed within the National Territory of the
Philippines
 Home
 Digests
o Legal Ethics Case Digests Exception to Territorial Application: Instances enumerated under Article 2.
o Criminal Law Case Digests
 Reviewers 3. Prospective – the law does not have any retroactive effect.
o Administrative Law
o Civil Law Exception to Prospective Application: when new statute is favorable to the accused.
o Civil Procedure
o Commercial Law Effect of repeal of penal law to liability of offender
o Constitutional Law
o Criminal Law
o Criminal Procedure Total or absolute, or partial or relative repeal. — As to the effect of repeal of penal law to the liability
o Election Law of offender, qualify your answer by saying whether the repeal is absolute or total or whether the repeal
o Insurance Code is partial or relative only.
o Legal Ethics
o Negotiable Instruments Law A repeal is absolute or total when the crime punished under the repealed law has been decriminalized
o Political Law by the repeal. Because of the repeal, the act or omission which used to be a crime is no longer a crime.
 Jokes An example is Republic Act No. 7363, which decriminalized subversion.
 Contact Me
A repeal is partial or relative when the crime punished under the repealed law continues to be a crime
← Political Law (Constitutional Law) – Article XVIII inspite of the repeal. This means that the repeal merely modified the conditions affecting the crime
Criminal Law Book 1 Articles 11 – 20 → under the repealed law. The modification may be prejudicial or beneficial to the offender. Hence, the
following rule:
Criminal Law Book 1 Articles 1 – 10
Consequences if repeal of penal law is total or absolute
Dec 20
(1) If a case is pending in court involving the violation of the repealed law, the same shall be
dismissed, even though the accused may be a habitual delinquent.
Posted by Magz

Criminal Law – A branch of municipal law which defines crimes, treats of their nature and provides for
their punishment.
Limitations on the power of Congress to enact penal laws (ON)
(2) If a case is already decided and the accused is already serving sentence by final judgment, if
the convict is not a habitual delinquent, then he will be entitled to a release unless there is a reservation
clause in the penal law that it will not apply to those serving sentence at the time of the repeal. But if
there is no reservation, those who are not habitual delinquents even if they are already serving their
sentence will receive the benefit of the repealing law. They are entitled to release.

1. Must be general in application. If they are not discharged from confinement, a petition for habeas corpus should be filed to test the
legality of their continued confinement in jail.
2. Must not partake of the nature of an ex post facto law.
If the convict, on the other hand, is a habitual delinquent, he will continue serving the sentence in spite
3. Must not partake of the nature of a bill of attainder. of the fact that the law under which he was convicted has already been absolutely repealed. This is so
because penal laws should be given retroactive application to favor only those who are not habitual
delinquents.
4. Must not impose cruel and unusual punishment or excessive fines.
Consequences if repeal of penal law is partial or relative
(1) If a case is pending in court involving the violation of the repealed law, and the repealing law
is more favorable to the accused, it shall be the one applied to him. So whether he is a habitual
delinquent or not, if the case is still pending in court, the repealing law will be the one to apply unless
there is a saving clause in the repealing law that it shall not apply to pending causes of action.
(2) If a case is already decided and the accused is already serving sentence by final judgment,
even if the repealing law is partial or relative, the crime still remains to be a crime. Those who are not
habitual delinquents will benefit on the effect of that repeal, so that if the repeal is more lenient to them,
it will be the repealing law that will henceforth apply to them.
Under Article 22, even if the offender is already convicted and serving sentence, a law which is
beneficial shall be applied to him unless he is a habitual delinquent in accordance with Rule 5 of Article
62.
Consequences if repeal of penal law is express or implied
(1) If a penal law is impliedly repealed, the subsequent repeal of the repealing law will revive the
original law. So the act or omission which was punished as a crime under the original law will be
revived and the same shall again be crimes although during the implied repeal they may not be
punishable.
Whenever a penal law is to be construed or applied and the law admits of two interpretations – one
lenient to the offender and one strict to the offender – that interpretation which is lenient or favorable to
the offender will be adopted.
Nullum crimen, nulla poena sine lege
There is no crime when there is no law punishing the same. This is true to civil law countries, but not to
common law countries.
Because of this maxim, there is no common law crime in the Philippines. No matter how wrongful, evil
or bad the act is, if there is no law defining the act, the same is not considered a crime.
Actus non facit reum, nisi mens sit rea
The act cannot be criminal where the mind is not criminal. This is true to a felony characterized by dolo,
but not a felony resulting from culpa. This maxim is not an absolute one because it is not applied to
culpable felonies, or those that result from negligence.
Utilitarian Theory or Protective Theory

(2) If the repeal is express, the repeal of the repealing law will not revive the first law, so the act or
omission will no longer be penalized.
These effects of repeal do not apply to self-repealing laws or those which have automatic
termination. An example is the Rent Control Law which is revived by Congress every two years.
The primary purpose of the punishment under criminal law is the protection of society from actual and
potential wrongdoers. The courts, therefore, in exacting retribution for the wronged society, should
direct the punishment to potential or actual wrongdoers, since criminal law is directed against acts and
omissions which the society does not approve. Consistent with this theory, the mala prohibita principle
which punishes an offense regardless of malice or criminal intent, should not be utilized to apply the full
harshness of the special law.

Theories of Criminal Law Sources of Criminal Law

1. Classical Theory – Man is essentially a moral creature with an absolute free will to choose 1. The Revised Penal Code
between good and evil and therefore more stress is placed upon the result of the felonious act 2. Special Penal Laws – Acts enacted of the Philippine Legislature punishing offenses or
than upon the criminal himself. omissions.

1. Positivist Theory – Man is subdued occasionally by a strange and morbid phenomenon which Construction of Penal Laws
conditions him to do wrong in spite of or contrary to his volition.
1. Criminal Statutes are liberally construed in favor of the offender. This means that no person
Eclectic or Mixed Philosophy shall be brought within their terms who is not clearly within them, nor should any act be
pronounced criminal which is not clearly made so by statute.
This combines both positivist and classical thinking. Crimes that are economic and social and nature 2. The original text in which a penal law is approved in case of a conflict with an official
should be dealt with in a positivist manner; thus, the law is more compassionate. Heinous crimes translation.
should be dealt with in a classical manner; thus, capital punishmen 3. Interpretation by analogy has no place in criminal law

MALA IN SE AND MALA PROHIBITA

BASIC MAXIMS IN CRIMINAL LAW Violations of the Revised Penal Code are referred to as malum in se, which literally means, that the act
is inherently evil or bad or per se wrongful. On the other hand, violations of special laws are generally
Doctrine of Pro Reo referred to as malum prohibitum.
Note, however, that not all violations of special laws are mala prohibita. While intentional felonies are
always mala in se, it does not follow that prohibited acts done in violation of special laws are always
mala prohibita. Even if the crime is punished under a special law, if the act punished is one which is
inherently wrong, the same is malum in se, and, therefore, good faith and the lack of criminal intent is a
valid defense; unless it is the product of criminal negligence or culpa.
Likewise when the special laws requires that the punished act be committed knowingly and willfully,
criminal intent is required to be proved before criminal liability may arise.
When the act penalized is not inherently wrong, it is wrong only because a law punishes the same.
Distinction between crimes punished under the Revised Penal Code and crimes punished under
special laws
1. As to moral trait of the offender
In crimes punished under the Revised Penal Code, the moral trait of the offender is considered. This is
why liability would only arise when there is dolo or culpa in the commission of the punishable act.
In crimes punished under special laws, 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 defense
In crimes punished under the Revised Penal Code, good faith or lack of criminal intent is a valid
defense; unless the crime is the result of culpa
In crimes punished under special laws, good faith is not a defense
3. As to degree of accomplishment of the crime
In crimes punished under the Revised Penal Code, the degree of accomplishment of the crime is taken
into account in punishing the offender; thus, there are attempted, frustrated, and consummated stages
in the commission of the crime.
In crimes punished under special laws, the act gives rise to a crime only when it is consummated; there
are no attempted or frustrated stages, unless the special law expressly penalize the mere attempt or
frustration of the crime.
4. As to mitigating and aggravating circumstances
In crimes punished under the Revised Penal Code, mitigating and aggravating circumstances are taken
into account in imposing the penalty since the moral trait of the offender is considered.
In crimes punished under special laws, mitigating and aggravating circumstances are not taken into
account in imposing the penalty.
5. As to degree of participation
In crimes punished under the Revised Penal Code, when there is more than one offender, the degree of
participation of each in the commission of the crime is taken into account in imposing the penalty; thus,
offenders are classified as principal, accomplice and accessory.
In crimes punished under special laws, the degree of participation of the offenders is not
considered. All who perpetrated the prohibited act are penalized to the same extent. There is no
principal or accomplice or accessory to consider.
Test to determine if violation of special law is malum prohibitum or malum in se
Analyze the violation: Is it wrong because there is a law prohibiting it or punishing it as such? If you
remove the law, will the act still be wrong?
If the wording of the law punishing the crime uses the word “willfully”, then malice must be
proven. Where malice is a factor, good faith is a defense.
In violation of special law, the act constituting the crime is a prohibited act. Therefore culpa is not a
basis of liability, unless the special law punishes an omission.
When given a problem, take note if the crime is a violation of the Revised Penal Code or a special law.
Art. 1. This Code shall take effect on January 1, 1932.
Art. 2. Except as provided in the treaties and laws of preferential application, the provisions of
this Code shall be enforced not only within the Philippine Archipelago including its atmosphere,
its interior waters and Maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations
and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations
and securities mentioned in the preceding number;
4. While being public officers or employees, should commit an offense in the exercise of their
functions; or (Some of these crimes are bribery, fraud against national treasury, malversation of public
funds or property, and illegal use of public funds; e.g., A judge who accepts a bribe while in Japan.)
5. Should commit any crimes against the national security and the law of nations, defined in
Title One of Book Two of this Code. (These crimes include treason, espionage, piracy, mutiny, and
violation of neutrality)
 Rules as to crimes committed aboard foreign merchant vessels:
 1. French Rule – Such crimes are not triable in the courts of that country, unless their
commission affects the peace and security of the territory or the safety of the state is
endangered.
1. English Rule – Such crimes are triable in that country, unless they merely affect things within
the vessel or they refer to the internal management thereof. (This is applicable in the
Philippines)
two situations where the foreign country may not apply its criminal law even if a crime was committed
on board a vessel within its territorial waters and these are:
(1) When the crime is committed in a war vessel of a foreign country, because war vessels are
part of the sovereignty of the country to whose naval force they belong;
(2) When the foreign country in whose territorial waters the crime was committed adopts the
French Rule, which applies only to merchant vessels, except when the crime committed affects the
national security or public order of such foreign country.
This is a very important part of the exception, because Title I of Book 2 (crimes against national
security) does not include rebellion.
Art 3. Acts and omissions punishable by law are felonies.
 Acts – an overt or external act
 Omission – failure to perform a duty required by law. Example of an omission: failure to
render assistance to anyone who is in danger of dying or is in an uninhabited place or is
wounded – abandonment.
 Felonies – acts and omissions punishable by the Revised Penal Code
 Crime – acts and omissions punishable by any law
What requisites must concur before a felony may be committed?
There must be (1) an act or omission; (2) punishable by the Revised Penal Code; and (3) the act is
performed or the omission incurred by means of dolo or culpa.

 Requirements of “an offense committed while on a Philippine Ship or Airship”  How felonies are committed:

1. Registered with the Philippine Bureau of Customs 1. by means of deceit (dolo) – There is deceit when the act is performed with deliberate intent.
2. Ship must be in the high seas or the airship must be in international airspace.
Requisites:
Under international law rule, a vessel which is not registered in accordance with the laws of any country
is considered a pirate vessel and piracy is a crime against humanity in general, such that wherever the 1. freedom
pirates may go, they can be prosecuted. 2. intelligence
3. intent
US v. Bull
Examples: murder, treason, and robbery
A crime which occurred on board of a foreign vessel, which began when the ship was in a foreign
territory and continued when it entered into Philippine waters, is considered a continuing crime. Hence Criminal intent is not necessary in these cases:
within the jurisdiction of the local courts.
(1) When the crime is the product of culpa or negligence, reckless imprudence, lack of foresight
As a general rule, the Revised Penal Code governs only when the crime committed pertains to the or lack of skill;
exercise of the public official’s functions, those having to do with the discharge of their duties in a
foreign country. The functions contemplated are those, which are, under the law, to be performed by (2) When the crime is a prohibited act under a special law or what is called malum prohibitum.
the public officer in the Foreign Service of the Philippine government in a foreign country.
In criminal law, intent is categorized into two:

(1) General criminal intent; and

Exception: The Revised Penal Code governs if the crime was committed within the Philippine Embassy
or within the embassy grounds in a foreign country. This is because embassy grounds are considered
an extension of sovereignty. (2) Specific criminal intent.

Paragraph 5 of Article 2, use the phrase “as defined in Title One of Book Two of this Code.” General criminal intent is presumed from the mere doing of a wrong act. This does not require
proof. The burden is upon the wrong doer to prove that he acted without such criminal intent.
Specific criminal intent is not presumed because it is an ingredient or element of a crime, like intent to a. Requisites:
kill in the crimes of attempted or frustrated homicide/parricide/murder. The prosecution has the burden
of proving the same. 1. that the act done would have been lawful had the facts been as the accused believed them to
be;
Distinction between intent and discernment 2. intention of the accused is lawful;
3. mistake must be without fault of carelessness.
Intent is the determination to do a certain thing, an aim or purpose of the mind. It is the design to
resolve or determination by which a person acts. Example: United States v. Ah Chong.

On the other hand, discernment is the mental capacity to tell right from wrong. It relates to the moral
significance that a person ascribes to his act and relates to the intelligence as an element of dolo,
distinct from intent.
Distinction between intent and motive
Ah Chong being afraid of bad elements, locked himself in his room by placing a chair against the door.
After having gone to bed, he was awakened by somebody who was trying to open the door. He asked
the identity of the person, but he did not receive a response. Fearing that this intruder was a robber, he
leaped out of bed and said that he will kill the intruder should he attempt to enter. At that moment, the
chair struck him. Believing that he was attacked, he seized a knife and fatally wounded the intruder.

Intent is demonstrated by the use of a particular means to bring about a desired result – it is not a state
of mind or a reason for committing a crime.
On the other hand, motive implies motion. It is the moving power which impels one to do an act. When
there is motive in the commission of a crime, it always comes before the intent. But a crime may be
committed without motive.
If the crime is intentional, it cannot be committed without intent. Intent is manifested by the instrument
used by the offender. The specific criminal intent becomes material if the crime is to be distinguished
from the attempted or frustrated stage.
1. by means of fault (culpa) – There is fault when the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
Mistake of fact would be relevant only when the felony would have been intentional or through dolo, but
not when the felony is a result of culpa. When the felony is a product of culpa, do not discuss mistake
of fact.
Art. 4. Criminal liability shall be incurred:
1. By any person committing a felony, although the wrongful act done be different from
that which he intended.
Article 4, paragraph 1 presupposes that the act done is the proximate cause of the resulting felony. It
must be the direct, natural, and logical consequence of the felonious act.
 Causes which produce a different result:

1. Imprudence – deficiency of action; e.g. A was driving a truck along a road. He hit B because 1. Mistake in identity of the victim – injuring one person who is mistaken for another (this is a
it was raining – reckless imprudence. complex crime under Art. 48) e.g., A intended to shoot B, but he instead shot C because he (A)
2. Negligence – deficiency of perception; failure to foresee impending danger, usually involves mistook C for B.
lack of foresight
3. c. Requisites:
In error in personae, the intended victim was not at the scene of the crime. It was the actual victim
1. Freedom
upon whom the blow was directed, but he was not really the intended victim.
2. Intelligence
3. Imprudence, negligence, lack of skill or foresight
4. Lack of intent How does error in personae affect criminal liability of the offender?

The concept of criminal negligence is the inexcusable lack of precaution on the part of the person
performing or failing to perform an act. If the danger impending from that situation is clearly manifest,
you have a case of reckless imprudence. But if the danger that would result from such imprudence is
not clear, not manifest nor immediate you have only a case of simple negligence.
 Mistake of fact – is a misapprehension of fact on the part of the person who caused injury to
another. He is not criminally liable.
Error in personae is mitigating if the crime committed is different from that which was intended. If the
crime committed is the same as that which was intended, error in personae does not affect the criminal
liability of the offender.
In mistake of identity, if the crime committed was the same as the crime intended, but on a different
victim, error in persona does not affect the criminal liability of the offender. But if the crime committed
was different from the crime intended, Article 49 will apply and the penalty for the lesser crime will be
applied. In a way, mistake in identity is a mitigating circumstance where Article 49 applies. Where the
crime intended is more serious than the crime committed, the error in persona is not a mitigating proximate cause does not require that the offender needs to actually touch the body of the offended
circumstance party. It is enough that the offender generated in the mind of the offended party the belief that made him
risk himself.
2. Mistake in blow – hitting somebody other than the target due to lack of skill or fortuitous
instances (this is a complex crime under Art. 48) e.g., B and C were walking together. A  Requisite for Presumption blow was cause of the death – Where there has been an injury
wanted to shoot B, but he instead injured C. inflicted sufficient to produce death followed by the demise of the person, the presumption
arises that the injury was the cause of the death. Provided:
In aberratio ictus, a person directed the blow at an intended victim, but because of poor aim, that
blow landed on somebody else. In aberratio ictus, the intended victim as well as the actual victim are 1. victim was in normal health
both at the scene of the crime. 2. death ensued within a reasonable time

aberratio ictus, generally gives rise to a complex crime. This being so, the penalty for the more The one who caused the proximate cause is the one liable. The one who caused the immediate
serious crime is imposed in the maximum period. cause is also liable, but merely contributory or sometimes totally not liable.

3. Injurious result is greater than that intended – causing injury graver than intended or 2. By any person performing an act which would be an offense against persons or property,
expected (this is a mitigating circumstance due to lack of intent to commit so grave a wrong were it not for the inherent impossibility of its accomplishment or on account of the employment
under Art. 13) e.g., A wanted to injure B. However, B died. of inadequate or ineffectual means.

praeter intentionem is mitigating, particularly covered by paragraph 3 of Article 13. In order  Requisites: (IMPOSSIBLE CRIME)
however, that the situation may qualify as praeter intentionem, there must be a notable disparity
between the means employed and the resulting felony
1. Act would have been an offense against persons or property
2. Act is not an actual violation of another provision of the Code or of a special penal law
 In all these instances the offender can still be held criminally liable, since he is motivated by 3. There was criminal intent
criminal intent. 4. Accomplishment was inherently impossible; or inadequate or ineffectual means were
employed.
Requisites:
 Notes:
1. the felony was intentionally committed
2. the felony is the proximate cause of the wrong done 1. Offender must believe that he can consummate the intended crime, a man stabbing another
who he knew was already dead cannot be liable for an impossible crime.
 Doctrine of Proximate Cause – such adequate and efficient cause as, in the natural order of 2. The law intends to punish the criminal intent.
events, and under the particular circumstances surrounding the case, which would necessarily 3. There is no attempted or frustrated impossible crime.
produce the event.
 Felonies against persons: parricide, murder, homicide, infanticide, physical injuries, etc.
Requisites:  Felonies against property: robbery, theft, usurpation, swindling, etc.
 Inherent impossibility: A thought that B was just sleeping. B was already dead. A shot B. A is
1. the direct, natural, and logical cause liable. If A knew that B is dead and he still shot him, then A is not liable.
2. produces the injury or damage
3. unbroken by any sufficient intervening cause When we say inherent impossibility, this means that under any and all circumstances, the crime could
4. without which the result would not have occurred not have materialized. If the crime could have materialized under a different set of facts, employing the
same mean or the same act, it is not an impossible crime; it would be an attempted felony.
 Proximate Cause is negated by:
 Employment of inadequate means: A used poison to kill B. However, B survived because A
1. Active force, distinct act, or fact absolutely foreign from the felonious act of the accused, which used small quantities of poison – frustrated murder.
serves as a sufficient intervening cause.  Ineffectual means: A aimed his gun at B. When he fired the gun, no bullet came out because
2. Resulting injury or damage is due to the intentional act of the victim. the gun was empty. A is liable.
 Whenever you are confronted with a problem where the facts suggest that an impossible crime 1. Internal acts – intent and plans; usually not punishable
was committed, be careful about the question asked. If the question asked is: “Is an impossible crime 2. External acts
committed?”, then you judge that question on the basis of the facts. If really the facts constitute an 1. Preparatory Acts – acts tending toward the crime
impossible crime, then you suggest than an impossible crime is committed, then you state the reason 2. Acts of Execution – acts directly connected the crime
for the inherent impossibility.
Stages of Commission of a Crime
If the question asked is “Is he liable for an impossible crime?”, this is a catching question. Even Attempt Frustrated Consummated
though the facts constitute an impossible crime, if the act done by the offender constitutes some other
crimes under the Revised Penal Code, he will not be liable for an impossible crime. He will be  Overt acts of execution 
prosecuted for the crime constituted so far by the act done by him. are started
 Not all acts of execution
are present
this idea of an impossible crime is a one of last resort, just to teach the offender a lesson because
of his criminal perversity. If he could be taught of the same lesson by charging him with some other
 Due to reasons other than
the spontaneous
crime constituted by his act, then that will be the proper way. If you want to play safe, you state there
desistance of the
that although an impossible crime is constituted, yet it is a principle of criminal law that he will only be
penalized for an impossible crime if he cannot be punished under some other provision of the Revised perpetrator
Penal Code.  All acts of execution are
present
 Crime sought to be
Art 5. Whenever a court has knowledge of any act which it may deem proper to repress and which is
committed is not achieved
not punishable by law, it shall render the proper decision and shall report to the Chief Executive,
through the Department of Justice, the reasons which induce the court to believe that said act should be  Due to intervening causes
made subject of legislation. independent of the will of
the perpetrator
 All the acts of execution
In the same way the court shall submit to the Chief Executive, through the Department of
are present
Justice, such statement as may be deemed proper, without suspending the execution of the
sentence, when a strict enforcement of the provisions of this Code would result in the  The result sought is
imposition of a clearly excessive penalty, taking into consideration the degree of malice and the achieved
injury caused by the offense.
 Stages of a Crime does not apply in:
When a person is charged in court, and the court finds that there is no law applicable, the court
will acquit the accused and the judge will give his opinion that the said act should be punished. 1. Offenses punishable by Special Penal Laws, unless the otherwise is provided for.
2. Formal crimes (e.g., slander, adultery, etc.)
 Paragraph 2 does not apply to crimes punishable by special law, including profiteering, and 3. Impossible Crimes
illegal possession of firearms or drugs. There can be no executive clemency for these crimes. 4. Crimes consummated by mere attempt. Examples: attempt to flee to an enemy country,
treason, corruption of minors.
5. Felonies by omission
Art. 6. Consummated felonies, as well as those which are frustrated and attempted, are punishable. 6. Crimes committed by mere agreement. Examples: betting in sports (endings in basketball),
corruption of public officers.
A felony is consummated when all the elements necessary for its execution and
accomplishment are present; and it is frustrated when the offender performs all the acts of Desistance
execution which would produce the felony as a consequence but which, nevertheless, do not
produce it by reason of causes independent of the will of the perpetrator.
Desistance on the part of the offender negates criminal liability in the attempted stage. Desistance
is true only in the attempted stage of the felony. If under the definition of the felony, the act done is
There is an attempt when the offender commences the commission of a felony directly by overt already in the frustrated stage, no amount of desistance will negate criminal liability.
acts, and does not perform all the acts of execution which should produce the felony by reason
of some cause or accident other than his own spontaneous desistance.
The spontaneous desistance of the offender negates only the attempted stage but not necessarily
all criminal liability. Even though there was desistance on the part of the offender, if the desistance was
 Development of a crime made when acts done by him already resulted to a felony, that offender will still be criminally liable for
the felony brought about his act
 In deciding whether a felony is attempted or frustrated or consummated, there are three criteria
involved:
(1) The manner of committing the crime;
(2) The elements of the crime; and
(3) The nature of the crime itself.
 Applications:
1. A put poison in B’s food. B threw away his food. A is liable – attempted murder.[1]
2. A stole B’s car, but he returned it. A is liable – (consummated) theft.
3. A aimed his gun at B. C held A’s hand and prevented him from shooting B – attempted
murder.
4. A inflicted a mortal wound on B. B managed to survive – frustrated murder.
5. A intended to kill B by shooting him. A missed – attempted murder.
6. A doused B’s house with kerosene. But before he could light the match, he was caught –
attempted arson.
7. A cause a blaze, but did not burn the house of B – frustrated arson.
8. B’s house was set on fire by A – (consummated) arson.
9. A tried to rape B. B managed to escape. There was no penetration – attempted rape.
10. A got hold of B’s painting. A was caught before he could leave B’s house – frustrated
robbery.[2]
The attempted stage is said to be within the subjective phase of execution of a felony. On the
subjective phase, it is that point in time when the offender begins the commission of an overt act until
that point where he loses control of the commission of the crime already. If he has reached that point
where he can no longer control the ensuing consequence, the crime has already passed the subjective
phase and, therefore, it is no longer attempted. The moment the execution of the crime has already
gone to that point where the felony should follow as a consequence, it is either already frustrated or
consummated. If the felony does not follow as a consequence, it is already frustrated. If the felony
follows as a consequence, it is consummated.
although the offender may not have done the act to bring about the felony as a consequence, if he
could have continued committing those acts but he himself did not proceed because he believed that he
had done enough to consummate the crime, Supreme Court said the subjective phase has passed
NOTES ON ARSON;
The weight of the authority is that the crime of arson cannot be committed in the frustrated
stage. The reason is because we can hardly determine whether the offender has performed all the acts
of execution that would result in arson, as a consequence, unless a part of the premises has started to
burn. On the other hand, the moment a particle or a molecule of the premises has blackened, in law,
arson is consummated. This is because consummated arson does not require that the whole of the
premises be burned. It is enough that any part of the premises, no matter how small, has begun to
burn.
ESTAFA VS. THEFT
In estafa, the offender receives the property; he does not take it. But in receiving the property, the
recipient may be committing theft, not estafa, if what was transferred to him was only the physical or
material possession of the object. It can only be estafa if what was transferred to him is not only
material or physical possession but juridical possession as well.
When you are discussing estafa, do not talk about intent to gain. In the same manner that when
you are discussing the crime of theft, do not talk of damage.
Nature of the crime itself
In crimes involving the taking of human life – parricide, homicide, and murder – in the definition of
the frustrated stage, it is indispensable that the victim be mortally wounded. Under the definition of the
frustrated stage, to consider the offender as having performed all the acts of execution, the acts already
done by him must produce or be capable of producing a felony as a consequence. The general rule is
that there must be a fatal injury inflicted, because it is only then that death will follow.
If the wound is not mortal, the crime is only attempted. The reason is that the wound inflicted is
not capable of bringing about the desired felony of parricide, murder or homicide as a consequence; it
cannot be said that the offender has performed all the acts of execution which would produce parricide,
homicide or murder as a result.
An exception to the general rule is the so-called subjective phase. The Supreme Court has
decided cases which applied the subjective standard that when the offender himself believed that he
had performed all the acts of execution, even though no mortal wound was inflicted, the act is already in
the frustrated stage.
The common notion is that when there is conspiracy involved, the participants are punished as
principals. This notion is no longer absolute. In the case of People v. Nierra, the Supreme Court ruled
that even though there was conspiracy, if a co-conspirator merely cooperated in the commission of the
crime with insignificant or minimal acts, such that even without his cooperation, the crime could be
carried out as well, such co-conspirator should be punished as an accomplice only.
Art. 7. Light felonies are punishable only when they have been consummated with the exception of
those committed against persons or property.
 Examples of light felonies: slight physical injuries; theft; alteration of boundary
marks; malicious mischief; and intriguing against honor.
 In commission of crimes against properties and persons, every stage of execution is
punishable but only the principals and accomplices are liable for light felonies, accessories are
not.
Art. 8. Conspiracy and proposal to commit felony are punishable only in the cases in which the law
specially provides a penalty therefore.
A conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.
There is proposal when the person who has decided to commit a felony proposes its execution
to some other person or persons.
When conspiracy itself is a crime, no overt act is necessary to bring about the criminal
liability. The mere conspiracy is the crime itself. This is only true when the law expressly punishes the
mere conspiracy; otherwise, the conspiracy does not bring about the commission of the crime because
conspiracy is not an overt act but a mere preparatory act. Treason, rebellion, sedition, and coup d’etat
are the only crimes where the conspiracy and proposal to commit to them are punishable.

 Conspiracy is punishable in the following cases: treason, rebellion or insurrection, sedition, and
monopolies and combinations in restraint of trade.
 Conspiracy to commit a crime is not to be confused with conspiracy as a means of committing
a crime. In both cases there is an agreement but mere conspiracy to commit a crime is not
punished EXCEPT in treason, rebellion, or sedition. Even then, if the treason is actually
committed, the conspiracy will be considered as a means of committing it and the accused will
all be charged for treason and not for conspiracy to commit treason.
When the conspiracy is only a basis of incurring criminal liability, there must be an overt act done
before the co-conspirators become criminally liable. For as long as none of the conspirators has
committed an overt act, there is no crime yet. But when one of them commits any overt act, all of them
shall be held liable, unless a co-conspirator was absent from the scene of the crime or he showed up,
but he tried to prevent the commission of the crime.
As a general rule, if there has been a conspiracy to commit a crime in a particular place, anyone
who did not appear shall be presumed to have desisted. The exception to this is if such person who did
not appear was the mastermind.

Conspiracy and Proposal to Commit a Crime For as long as none of the conspirators has committed an overt act, there is no crime yet. But
Conspiracy Proposal when one of them commits any overt act, all of them shall be held liable, unless a co-conspirator was
Elements  Agreement among 2 or more  absent from the scene of the crime or he showed up, but he tried to prevent the commission of the
persons to commit a crime crime
 They decide to commit it
 A person has decided to As a general rule, if there has been a conspiracy to commit a crime in a particular place, anyone
commit a crime who did not appear shall be presumed to have desisted. The exception to this is if such person who did
 He proposes its commission to not appear was the mastermind.
another
Crimes 1. Conspiracy to commit sedition 6. When the conspiracy itself is a crime, this cannot be inferred or deduced because there is no overt
2. Conspiracy to commit rebellion act. All that there is the agreement. On the other hand, if the co-conspirator or any of them would
3. Conspiracy to commit treason execute an overt act, the crime would no longer be the conspiracy but the overt act itself.
4. Proposal to commit treason
5. Proposal to commit rebellion conspiracy as a crime, must have a clear and convincing evidence of its existence. Every crime
must be proved beyond reasonable doubt. it must be established by positive and conclusive evidence,
not by conjectures or speculations.
 Mere conspiracy in combination in restraint of trade (Art. 186), and brigandage (Art. 306).

When the conspiracy is just a basis of incurring criminal liability, however, the same may be
Two ways for conspiracy to exist:
deduced or inferred from the acts of several offenders in carrying out the commission of the crime. The
existence of a conspiracy may be reasonably inferred from the acts of the offenders when such acts
(1) There is an agreement. disclose or show a common pursuit of the criminal objective.

(2) The participants acted in concert or simultaneously which is indicative of a meeting of the mere knowledge, acquiescence to, or approval of the act, without cooperation or at least,
minds towards a common criminal goal or criminal objective. When several offenders act in a agreement to cooperate, is not enough to constitute a conspiracy. There must be an intentional
synchronized, coordinated manner, the fact that their acts complimented each other is indicative of the participation in the crime with a view to further the common felonious objective.
meeting of the minds. There is an implied agreement.
When several persons who do not know each other simultaneously attack the victim, the act of one
Two kinds of conspiracy: is the act of all, regardless of the degree of injury inflicted by any one of them. All will be liable for the
consequences. A conspiracy is possible even when participants are not known to each other. Do not
(1) Conspiracy as a crime; and think that participants are always known to each other.

(2) Conspiracy as a manner of incurring criminal liability

 Conspiracy is a matter of substance which must be alleged in the information, otherwise, the court
will not consider the same.
Proposal is true only up to the point where the party to whom the proposal was made has not yet
accepted the proposal. Once the proposal was accepted, a conspiracy arises. Proposal is unilateral,
one party makes a proposition to the other; conspiracy is bilateral, it requires two parties.
SEDITION;
Proposal to commit sedition is not a crime. But if Union B accepts the proposal, there will be conspiracy
to commit sedition which is a crime under the Revised Penal Code.
Composite crimes
Composite crimes are crimes which, in substance, consist of more than one crime but in the eyes
of the law, there is only one crime. For example, the crimes of robbery with homicide, robbery with
rape, robbery with physical injuries.
In case the crime committed is a composite crime, the conspirator will be liable for all the acts
committed during the commission of the crime agreed upon. This is because, in the eyes of the law, all
those acts done in pursuance of the crime agreed upon are acts which constitute a single crime.
As a general rule, when there is conspiracy, the rule is that the act of one is the act of all. This
principle applies only to the crime agreed upon.
The exception is if any of the co-conspirator would commit a crime not agreed upon. This
happens when the crime agreed upon and the crime committed by one of the co-conspirators are
distinct crimes.
Exception to the exception: In acts constituting a single indivisible offense, even though the co-
conspirator performed different acts bringing about the composite crime, all will be liable for such
crime. They can only evade responsibility for any other crime outside of that agreed upon if it is proved
that the particular conspirator had tried to prevent the commission of such other act.
Art. 9. Grave felonies are those to which the law attaches the capital punishment or penalties which in
any of their are afflictive, in accordance with Article 25 of this Code.
Less grave felonies are those which the law punishes with penalties which in their maximum
period are correctional, in accordance with the above-mentioned article.
Light felonies are those infractions of law for the commission of which he penalty of arresto
mayor or a fine not exceeding 200 pesos, or both is provided.
 Capital punishment – death penalty.
 Penalties (imprisonment): Grave – six years and one day to reclusion perpetua (life); Less
grave – one month and one day to six years; Light – arresto menor (one day to 30 days).
CLASSIFICATION OF FELONIES
This question was asked in the bar examination: How do you classify felonies or how are felonies
classified?
What the examiner had in mind was Articles 3, 6 and 9. Do not write the classification of felonies under
Book 2 of the Revised Penal Code. That was not what the examiner had in mind because the question
does not require the candidate to classify but also to define. Therefore, the examiner was after the
classifications under Articles 3, 6 and 9.
Felonies are classified as follows:
(1) According to the manner of their commission
Under Article 3, they are classified as, intentional felonies or those committed with deliberate intent; and
culpable felonies or those resulting from negligence, reckless imprudence, lack of foresight or lack of
skill.
(2) According to the stages of their execution
Under Article 6., felonies are classified as attempted felony when the offender commences the
commission of a felony directly by overt acts, and does not perform all the acts of execution which
should produce the felony by reason of some cause or accident other than his own spontaneous
desistance; frustrated felony when the offender commences the commission of a felony as a
consequence but which would produce the felony as a consequence but which nevertheless do not
produce the felony by reason of causes independent of the perpetrator; and, consummated felony when
all the elements necessary for its execution are present.
(3) According to their gravity
Under Article 9, felonies are classified as grave felonies or those to which attaches the capital
punishment or penalties which in any of their periods are afflictive; less grave felonies or those to which
the law punishes with penalties which in their maximum period was correccional; and light felonies or
those infractions of law for the commission of which the penalty is arresto menor.
Why is it necessary to determine whether the crime is grave, less grave or light?
To determine whether these felonies can be complexed or not, and to determine the prescription of the
crime and the prescription of the penalty. In other words, these are felonies classified according to their
gravity, stages and the penalty attached to them. Take note that when the Revised Penal Code speaks
of grave and less grave felonies, the definition makes a reference specifically to Article 25 of the
Revised Penal Code. Do not omit the phrase “In accordance with Article 25” because there is also a
classification of penalties under Article 26 that was not applied.
If the penalty is fine and exactly P200.00, it is only considered a light felony under Article 9.
If the fine is imposed as an alternative penalty or as a single penalty, the fine of P200.00 is considered a
correctional penalty under Article 26.
If the penalty is exactly P200.00, apply Article 26. It is considered as correctional penalty and it
prescribes in 10 years. If the offender is apprehended at any time within ten years, he can be made to
suffer the fine.
This classification of felony according to gravity is important with respect to the question of prescription
of crimes.
In the case of light felonies, crimes prescribe in two months. If the crime is correctional, it prescribes in
ten years, except arresto mayor, which prescribes in five years.
Art. 10. Offenses which are or in the future may be punishable under special laws are not
subject to the provisions of this Code. This Code shall be supplementary to such laws, unless
the latter should specially provide the contrary.
 For Special Laws: Penalties should be imprisonment, and not reclusion perpetua, etc.
 Offenses that are attempted or frustrated are not punishable, unless otherwise stated.
 Plea of guilty is not mitigating for offenses punishable by special laws.
 No minimum, medium, and maximum periods for penalties.
 No penalty for an accessory or accomplice, unless otherwise stated.
 Provisions of RPC applicable to special laws:
1. Art. 16 Participation of Accomplices
2. Art. 22 Retroactivity of Penal laws if favorable to the accused
3. Art. 45 Confiscation of instruments used in the crime
SUPPLETORY APPLICATION OF THE REVISED PENAL CODE
In Article 10, there is a reservation “provision of the Revised Penal Code may be applied suppletorily
to special laws”. You will only apply the provisions of the Revised Penal Code as a supplement to the
special law, or simply correlate the violated special law, if needed to avoid an injustice. If no justice
would result, do not give suppletorily application of the Revised Penal Code to that of special law.
For example, a special law punishes a certain act as a crime. The special law is silent as to the civil
liability of one who violates the same. Here is a person who violated the special law and he was
prosecuted. His violation caused damage or injury to a private party. May the court pronounce that he
is civilly liable to the offended party, considering that the special law is silent on this point? Yes,
because Article 100 of the Revised Penal Code may be given suppletory application to prevent an
injustice from being done to the offended party. Article 100 states that every person criminally liable for
a felony is also civilly liable. That article shall be applied suppletory to avoid an injustice that would be
caused to the private offended party, if he would not be indemnified for the damages or injuries
sustained by him.
In People v. Rodriguez, it was held that the use of arms is an element of rebellion, so a rebel cannot
be further prosecuted for possession of firearms. A violation of a special law can never absorb a crime
punishable under the Revised Penal Code, because violations of the Revised Penal Code are more
serious than a violation of a special law. But a crime in the Revised Penal Code can absorb a crime
punishable by a special law if it is a necessary ingredient of the crime in the Revised Penal Code
In the crime of sedition, the use of firearms is not an ingredient of the crime. Hence, two prosecutions
can be had: (1) sedition; and (2) illegal possession of firearms.
But do not think that when a crime is punished outside of the Revised Penal Code, it is already a special
law. For example, the crime of cattle-rustling is not a mala prohibitum but a modification of the crime
theft of large cattle. So Presidential Decree No. 533, punishing cattle-rustling, is not a special law. It
can absorb the crime of murder. If in the course of cattle rustling, murder was committed, the offender
cannot be prosecuted for murder. Murder would be a qualifying circumstance in the crime of qualified
cattle rustling. This was the ruling in People v. Martinada.
The amendments of Presidential Decree No. 6425 (The Dangerous Drugs Act of 1972) by Republic Act
No. 7659, which adopted the scale of penalties in the Revised Penal Code, means that mitigating and
aggravating circumstances can now be considered in imposing penalties. Presidential Decree No. 6425
does not expressly prohibit the suppletory application of the Revised Penal Code. The stages of the
commission of felonies will also apply since suppletory application is now allowed.
Circumstances affecting criminal liability
There are five circumstances affecting criminal liability:
(1) Justifying circumstances;
(2) Exempting circumstances;
(3) Mitigating circumstances;
(4) Aggravating circumstances; and
(5) Alternative circumstances.
There are two others which are found elsewhere in the provisions of the Revised Penal Code:
(1) Absolutory cause; and
(2) Extenuating circumstances.
In justifying and exempting circumstances, there is no criminal liability. When an accused invokes them,
he in effect admits the commission of a crime but tries to avoid the liability thereof. The burden is upon
him to establish beyond reasonable doubt the required conditions to justify or exempt his acts from
criminal liability. What is shifted is only the burden of evidence, not the burden of proof.
Justifying circumstances contemplate intentional acts and, hence, are incompatible with
dolo. Exempting circumstances may be invoked in culpable felonies.
Absolutory cause
The effect of this is to absolve the offender from criminal liability, although not from civil liability. It has
the same effect as an exempting circumstance, but you do not call it as such in order not to confuse it
with the circumstances under Article 12.
Article 20 provides that the penalties prescribed for accessories shall not be imposed upon those who
are such with respect to their spouses, ascendants, descendants, legitimate, natural and adopted
brothers and sisters, or relatives by affinity within the same degrees with the exception of accessories
who profited themselves or assisting the offender to profit by the effects of the crime.
Then, Article 89 provides how criminal liability is extinguished:
Death of the convict as to the personal penalties, and as to pecuniary penalties, liability therefor is
extinguished if death occurs before final judgment;
Service of the sentence;
Amnesty;
Absolute pardon;
Prescription of the crime;
Prescription of the penalty; and
Marriage of the offended woman as provided in Article 344.
Under Article 247, a legally married person who kills or inflicts physical injuries upon his or her spouse
whom he surprised having sexual intercourse with his or her paramour or mistress in not criminally
liable.
Under Article 219, discovering secrets through seizure of correspondence of the ward by their guardian
is not penalized.
Under Article 332, in the case of theft, swindling and malicious mischief, there is no criminal liability but
only civil liability, when the offender and the offended party are related as spouse, ascendant,
descendant, brother and sister-in-law living together or where in case the widowed spouse and the
property involved is that of the deceased spouse, before such property had passed on to the
possession of third parties.
Under Article 344, in cases of seduction, abduction, acts of lasciviousness, and rape, the marriage of
the offended party shall extinguish the criminal action.
Absolutory cause has the effect of an exempting circumstance and they are predicated on lack of
voluntariness like instigation. Instigation is associated with criminal intent. Do not consider culpa in
connection with instigation. If the crime is culpable, do not talk of instigation. In instigation, the crime is
committed with dolo. It is confused with entrapment.
Entrapment is not an absolutory cause. Entrapment does not exempt the offender or mitigate his
criminal liability. But instigation absolves the offender from criminal liability because in instigation, the
offender simply acts as a tool of the law enforcers and, therefore, he is acting without criminal intent
because without the instigation, he would not have done the criminal act which he did upon instigation
of the law enforcers.
Difference between instigation and entrapment
In instigation, the criminal plan or design exists in the mind of the law enforcer with whom the person
instigated cooperated so it is said that the person instigated is acting only as a mere instrument or tool
of the law enforcer in the performance of his duties.
On the other hand, in entrapment, a criminal design is already in the mind of the person entrapped. It
did not emanate from the mind of the law enforcer entrapping him. Entrapment involves only ways and
means which are laid down or resorted to facilitate the apprehension of the culprit.
The element which makes instigation an absolutory cause is the lack of criminal intent as an element of
voluntariness.
If the instigator is a law enforcer, the person instigated cannot be criminally liable, because it is the law
enforcer who planted that criminal mind in him to commit the crime, without which he would not have
been a criminal. If the instigator is not a law enforcer, both will be criminally liable, you cannot have a
case of instigation. In instigation, the private citizen only cooperates with the law enforcer to a point
when the private citizen upon instigation of the law enforcer incriminates himself. It would be contrary to
public policy to prosecute a citizen who only cooperated with the law enforcer. The private citizen
believes that he is a law enforcer and that is why when the law enforcer tells him, he believes that it is a
civil duty to cooperate.
If the person instigated does not know that the person is instigating him is a law enforcer or he knows
him to be not a law enforcer, this is not a case of instigation. This is a case of inducement, both will be
criminally liable.
In entrapment, the person entrapped should not know that the person trying to entrap him was a law
enforcer. The idea is incompatible with each other because in entrapment, the person entrapped is
actually committing a crime. The officer who entrapped him only lays down ways and means to have
evidence of the commission of the crime, but even without those ways and means, the person
entrapped is actually engaged in a violation of the law.
Instigation absolves the person instigated from criminal liability. This is based on the rule that a person however, depriving him of the consciousness of his act. So this is an extenuating circumstance. The
cannot be a criminal if his mind is not criminal. On the other hand, entrapment is not an absolutory effect is to mitigate the criminal liability.
cause. It is not even mitigating.
Distinctions between justifying circumstances and exempting circumstances
In case of somnambulism or one who acts while sleeping, the person involved is definitely acting
without freedom and without sufficient intelligence, because he is asleep. He is moving like a robot, In justifying circumstances –
unaware of what he is doing. So the element of voluntariness which is necessary in dolo and culpa is
not present. Somnambulism is an absolutory cause. If element of voluntariness is absent, there is no
criminal liability, although there is civil liability, and if the circumstance is not among those enumerated (1) The circumstance affects the act, not the actor;
in Article 12, refer to the circumstance as an absolutory cause.
(2) The act complained of is considered to have been done within the bounds of law; hence, it
Mistake of fact is an absolutory cause. The offender is acting without criminal intent. So in mistake of is legitimate and lawful in the eyes of the law;
fact, it is necessary that had the facts been true as the accused believed them to be, this act is
justified. If not, there is criminal liability, because there is no mistake of fact anymore. The offender (3) Since the act is considered lawful, there is no crime, and because there is no crime, there
must believe he is performing a lawful act. is no criminal;

(4) Since there is no crime or criminal, there is no criminal liability as well as civil liability.

Extenuating circumstances In exempting circumstances –

The effect of this is to mitigate the criminal liability of the offender. In other words, this has the same (1) The circumstances affect the actor, not the act;
effect as mitigating circumstances, only you do not call it mitigating because this is not found in Article
13. (2) The act complained of is actually wrongful, but the actor acted without voluntariness. He
is a mere tool or instrument of the crime;

(3) Since the act complained of is actually wrongful, there is a crime. But because the actor
Illustrations: acted without voluntariness, there is absence of dolo or culpa. There is no criminal;

An unwed mother killed her child in order to conceal a dishonor. The concealment of dishonor is an
extenuating circumstance insofar as the unwed mother or the maternal grandparents is concerned, but
not insofar as the father of the child is concerned. Mother killing her new born child to conceal her
dishonor, penalty is lowered by two degrees. Since there is a material lowering of the penalty or
mitigating the penalty, this is an extenuating circumstance.
The concealment of honor by mother in the crime of infanticide is an extenuating circumstance but not
in the case of parricide when the age of the victim is three days old and above.
(4) Since there is a crime committed but there is no criminal, there is civil liability for the wrong
done. But there is no criminal liability. However, in paragraphs 4 and 7 of Article 12, there is neither
criminal nor civil liability.
When you apply for justifying or exempting circumstances, it is confession and avoidance and burden of
proof shifts to the accused and he can no longer rely on weakness of prosecution’s evidence.

In the crime of adultery on the part of a married woman abandoned by her husband, at the time she
[1]The difference between murder and homicide will be discussed in Criminal Law II. These
was abandoned by her husband, is it necessary for her to seek the company of another
crimes are found in Articles 248 and 249, Book II of the Revised Penal Code.
man. Abandonment by the husband does not justify the act of the woman. It only extenuates or
reduces criminal liability. When the effect of the circumstance is to lower the penalty there is an
extenuating circumstance. [2] The difference between theft and robbery will be discussed in Criminal Law II. These
crimes are found in Title Ten, Chapters One and Three, Book II of the Revised Penal Code.
A kleptomaniac is one who cannot resist the temptation of stealing things which appeal to his
desire. This is not exempting. One who is a kleptomaniac and who would steal objects of his desire is Criminal Law Book 1 Articles 11 – 20
criminally liable. But he would be given the benefit of a mitigating circumstance analogous to paragraph
9 of Article 13, that of suffering from an illness which diminishes the exercise of his will power without, Dec 20
Posted by Magz
Art. 11: Justifying Circumstances – those wherein the acts of the actor are in accordance with
law, hence, he is justified. There is no criminal and civil liability because there is no crime.
 Self-defense
1. Reason for lawfulness of self-defense: because it would be impossible for the State to protect
all its citizens. Also a person cannot just give up his rights without any resistance being
offered.
2. Rights included in self-defense:
1. Defense of person
2. Defense of rights protected by law
1. Defense of property:
a. The owner or lawful possessor of a thing has a right to exclude any person from the enjoyment or
disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or
prevent an actual or threatened unlawful physical invasion or usurpation of his property. (Art. 429, New
Civil Code)
b. defense of chastity
3. Elements:
1. 1. Unlawful Aggression– is a physical act manifesting danger to life or limb; it is either
actual or imminent.
1. Actual/real aggression – Real aggression presupposes an act positively strong,
showing the wrongful intent of the aggressor, which is not merely threatening or
intimidating attitude, but a material attack. There must be real danger to life a
personal safety.
2. Imminent unlawful aggression – it is an attack that is impending or on the point of
happening. It must not consist in a mere threatening attitude, nor must it be merely
imaginary. The intimidating attitude must be offensive and positively strong.
3. Where there is an agreement to fight, there is no unlawful aggression. Each of the
protagonists is at once assailant and assaulted, and neither can invoke the right of
self-defense, because aggression which is an incident in the fight is bound to arise
from one or the other of the combatants. Exception: Where the attack is made in
violation of the conditions agreed upon, there may be unlawful aggression.
4. Unlawful aggression in self-defense, to be justifying, must exist at the time the
defense is made. It may no longer exist if the aggressor runs away after the attack or
he has manifested a refusal to continue fighting. If the person attacked allowed some
time to elapse after he suffered the injury before hitting back, his act of hitting back
would not constitute self-defense, but revenge.
 A light push on the head with the hand is not unlawful aggression, but a slap on the face is,
because his dignity is in danger.
 A police officer exceeding his authority may become an unlawful aggressor.
 The nature, character, location, and extent of the wound may belie claim of self-defense.
2. Reasonable necessity of the means employed to prevent or repel it;
a. Requisites:
 Means were used to prevent or repel
 Means must be necessary and there is no other way to prevent or repel it
 Means must be reasonable – depending on the circumstances, but generally proportionate to
the force of the aggressor.
1. The rule here is to stand your ground when in the right which may invoked when the defender
is unlawfully assaulted and the aggressor is armed with a weapon.
2. The rule is more liberal when the accused is a peace officer who, unlike a private person,
cannot run away.
3. The reasonable necessity of the means employed to put up the defense.
 The gauge of reasonable necessity is the instinct of self-preservation, i.e. a person did not use
his rational mind to pick a means of defense but acted out of self-preservation, using the
nearest or only means available to defend himself, even if such means be disproportionately
advantageous as compared with the means of violence employed by the aggressor.
 Reasonableness of the means depends on the nature and the quality of the weapon used,
physical condition, character, size and other circumstances.
3. Lack of sufficient provocation on the part of the person defending himself.
1. When no provocation at all was given to the aggressor by the person defending himself.
2. When even if provocation was given by the person defending himself, such was not sufficient
to cause violent aggression on the part of the attacker, i.e. the amount of provocation was not
sufficient to stir the aggressor into the acts which led the accused to defend himself.
3. When even if the provocation were sufficient, it was not given by the person defending himself.
4. When even if provocation was given by the person defending himself, the attack was not
proximate or immediate to the act of provocation.
5. Sufficient means proportionate to the damage caused by the act, and adequate to stir one to
its commission.
1. Kinds of Self-Defense
1. Self-defense of chastity – to be entitled to complete self-defense of chastity, there
must be an attempt to rape, mere imminence thereof will suffice.
2. Defense of property – an attack on the property must be coupled with an attack on
the person of the owner, or of one entrusted with the care of such property.
3. Self-defense in libel – physical assault may be justified when the libel is aimed at a
person’s good name, and while the libel is in progress, one libel deserves another.
*Burden of proof – on the accused (sufficient, clear and convincing evidence; must rely on the strength Any person who, in order to avoid an evil or injury, does an act which causes damage to
of his own evidence and not on the weakness of the prosecution). another, provided that the following requisites are present:

 Defense of Relative First. That the evil sought to be avoided actually exists;

A. Elements: Second. That the injury feared be greater than that done to avoid it; and

1. unlawful aggression Third. That there be no other practical and less harmful means of preventing it.
2. reasonable necessity of the means employed to prevent or repel the attack;
3. in case provocation was given by the person attacked, that the person making the defense had 1. A state of necessity exists when there is a clash between unequal rights, the lesser right giving
no part in such provocation. way to the greater right. Aside from the 3 requisites stated in the law, it should also be added
that the necessity must not be due to the negligence or violation of any law by the actor.
B. Relatives entitled to the defense: 2. The person for whose benefit the harm has been prevented shall be civilly liable in proportion
to the benefit which may have been received. This is the only justifying circumstance which
provides for the payment of civil indemnity. Under the other justifying circumstances, no civil
1. spouse
liability attaches. The courts shall determine, in their sound discretion, the proportionate
2. ascendants
amount for which law one is liable
3. descendants
4. legitimate, natural or adopted brothers or sisters
5. relatives by affinity in the same degree  Fulfillment of Duty or Lawful Exercise of a Right or Office
6. relatives by consanguinity within the 4th civil degree.
1. Elements:
 The third element need not take place. The relative defended may even be the original
aggressor. All that is required to justify the act of the relative defending is that he takes no part 1. that the accused acted in the performance of a duty, or in the lawful exercise of a right or
in such provocation. office;
 General opinion is to the effect that all relatives mentioned must be legitimate, except in cases 2. that the injury caused or offense committed be the necessary consequence of the due
of brothers and sisters who, by relatives by nature, may be illegitimate. performance of the duty, or the lawful exercise of such right or office.
 The unlawful aggression may depend on the honest belief of the person making the defense.
2. A police officer is justified in shooting and killing a criminal who refuses to stop when ordered
 Defense of Stranger to do so, and after such officer fired warning shots in the air.

A. Elements  shooting an offender who refused to surrender is justified, but not a thief who refused to be
arrested.
1. unlawful aggression
2. reasonable necessity of the means employed to prevent or repel the attack; 3. The accused must prove that he was duly appointed to the position he claimed he was
3. the person defending be not induced by revenge, resentment or other evil motive. discharging at the time of the commission of the offense. It must be made to appear not only
that the injury caused or the offense committed was done in the fulfillment of a duty, or in the
lawful exercise of a right or office, but that the offense committed was a necessary
2. A relative not included in defense of relative is included in defense of stranger.
consequence of such fulfillment of duty, or lawful exercise of a right or office.
3. Be not induced by evil motive means that even an enemy of the aggressor who comes to the
4. A mere security guard has no authority or duty to fire at a thief, resulting in the latter’s death.
defense of a stranger may invoke this justifying circumstances so long as he is not induced by
a motive that is evil.
 Obedience to a Superior Order
 State of Necessity
1. Elements:
1. Art. 11, Par. a provides:
1. there is an order;
2. the order is for a legal purpose;
3. the means used to carry out said order is lawful.
 2. The subordinate who is made to comply with the order is the party which may avail of this
circumstance. The officer giving the order may not invoke this.
3. The subordinate’s good faith is material here. If he obeyed an order in good faith, not being
aware of its illegality, he is not liable. However, the order must not be patently illegal. If the
order is patently illegal this circumstance cannot be validly invoked.
4. The reason for this justifying circumstance is the subordinate’s mistake of fact in good faith.
5. Even if the order be patently illegal, the subordinate may yet be able to invoke the exempting
circumstances of having acted under the compulsion of an irresistible force, or under the
impulse of an uncontrollable fear.
EXEMPTING CIRCUMSTANCES
 Exempting circumstances (non-imputability) are those ground for exemption from punishment
because there is wanting in the agent of the crime of any of the conditions which make 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.
 A person who acts WITHOUT MALICE (without intelligence, freedom of action or intent) or
WITHOUT NEGLIGENCE (without intelligence, freedom of action or fault) is NOT
CRIMINALLY LIABLE or is EXEMPT FROM PUNISHMENT.
 There is a crime committed but no criminal liability arises from it because of the complete
absence of any of the conditions which constitute free will or voluntariness of the act.
 Burden of proof: Any of the circumstances is a matter of defense and must be proved by the
defendant to the satisfaction of the court.
Art. 12. CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY. The following are
exempt from criminal liability:
1. An imbecile or insane person, unless the latter has acted during a lucid interval.
 When the imbecile or an insane person has committed an act which the law defines as a
felony (delito), the court shall order his confinement on one of the hospital or asylums
established for persons thus afflicted. He shall not be permitted to leave without first obtaining
the permission of the same court.
 Requisites:
1. Offender is an imbecile
2. Offender was insane at the time of the commission of the crime
 IMBECILITY OR INSANITY
 An imbecile is exempt in all cases from criminal liability. The insane is not so exempt if it can
be shown that he acted during a lucid interval. In the latter, loss of consciousness of ones acts
and not merely abnormality of mental faculties will qualify ones acts as those of an insane.
 Procedure: court is to order the confinement of such persons in the hospitals or asylums
established. Such persons will not be permitted to leave without permission from the
court. The court, on the other hand, has no power to order such permission without first
obtaining the opinion of the DOH that such persons may be released without danger.
 Presumption is always in favor of sanity. The defense has the burden to prove that the
accused was insane at the time of the commission of the crime. For the ascertainment such
mental condition of the accused, it is permissible to receive evidence of the condition of his
mind during a reasonable period both before and after that time. Circumstantial evidence
which is clear and convincing will suffice. An examination of the outward acts will help reveal
the thoughts, motives and emotions of a person and if such acts conform to those of people of
sound mind.
 Insanity at the time of the commission of the crime and not that at the time of the trial will
exempt one from criminal liability. In case of insanity at the time of the trial, there will be a
suspension of the trial until the mental capacity of the accused is restored to afford him a fair
trial.
 Evidence of insanity must refer to the time preceding the act under prosecution or to the very
moment of its execution. Without such evidence, the accused is presumed to be sane when he
committed the crime. Continuance of insanity which is occasional or intermittent in nature will
not be presumed. Insanity at another time must be proved to exist at the time of the
commission of the crime. A person is also presumed to have committed a crime in one of the
lucid intervals. Continuance of insanity will only be presumed in cases wherein the accused
has been adjudged insane or has been committed to a hospital or an asylum for the insane.
 Instances of Insanity:
 Reyes: Feeblemindedness is not imbecility because the offender can distinguish right from
wrong. An imbecile and an insane to be exempted must not be able to distinguish right from
wrong.
 Relova: Feeblemindedness is imbecility.
 Crimes committed while in a dream, by a somnambulist are embraced in the plea
of insanity. Hypnotism, however, is a debatable issue.
 Crime committed while suffering from malignant malaria is characterized by insanity at times
thus such person is not criminally liable.
1. Basis: complete absence of intelligence, and element of voluntariness.
2. Definition : An imbecile is one who while advanced in age has a mental development
comparable to that of children between 2 and 7 years of age. An insane is one who acts with
complete deprivation of intelligence/reason or without the least discernment or with total
deprivation of freedom of the will.
1. Dementia praecox is covered by the term insanity because homicidal attack is common in such
form of psychosis. It is characterized by delusions that he is being interfered with sexually, or
that his property is being taken, thus the person has no control over his acts.
2. Kleptomania or presence of abnormal, persistent impulse or tendency to steal, to be
considered exempting, will still have to be investigated by competent psychiatrist to
determine if the unlawful act is due to the irresistible impulse produced by his mental
defect, thus loss of will-power. If such mental defect only diminishes the exercise of his
willpower and did not deprive him of the consciousness of his acts, it is only mitigating.
3. Epilepsy which is a chronic nervous disease characterized by convulsive motions of the
muscles and loss of consciousness may be covered by the term insanity. However, it must be
shown that commission of the offense is during one of those epileptic attacks.
2. A person under nine years of age.
 MINORITY
  Under nine years to be construed nine years or less. Such was inferred from the next  Facts or particular facts concerning personal appearance which lead officers or the court to
subsequent paragraph which does not totally exempt those over nine years of age if he acted believe that his age was as stated by said officer or court should be stated in the record.
with discernment.  If such minor is adjudged to be criminally liable, he is charged to the custody of his family,
 Presumptions of incapability of committing a crime is absolute. otherwise, to the care of some institution or person mentioned in article 80. This is because of
 Age is computed up to the time of the commission of the crime. Age can be established by the the court’s presupposition that the minor committed the crime without discernment.
testimonies of families and relatives.  Allegation of “with intent to kill” in the information is sufficient allegation of discernment as such
 Senility or second childhood is only mitigating. conveys the idea that he knew what would be the consequences of his unlawful act. Thus is
 4 periods of the life of a human being: the case wherein the information alleges that the accused, with intent to kill, willfully, criminally
and feloniously pushed a child of 8 1/2 years of age into a deep place. It was held that the
requirement that there should be an allegation that she acted with discernment should be
1. Requisite: Offender is under 9 years of age at the time of the commission of the crime. There deemed amply met.
is absolute criminal irresponsibility in the case of a minor under 9-years of age.
2. Basis: complete absence of intelligence.
4. Any person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or intention of causing it.
Age Criminal Responsibility
9 years and below Absolute irresponsibility
 ACCIDENT: Basis: lack of negligence and intent.
Between 9 and 15 Conditional responsibility  Elements:
years old  Discharge of a firearm in a thickly populated place in the City of Manila being prohibited by
Art. 155 of the RPC is not a performance of a lawful act when such led to the accidental hitting
Without discernment – no liability With Discernment – mitigated liability
and wounding of 2 persons.
Between 15 and 18 Mitigated responsibility
 Drawing a weapon/gun in the course of self-defense even if such fired and seriously injured
years old the assailant is a lawful act and can be considered as done with due care since it could not
have been done in any other manner.
Between 18 and 70 Full responsibility
 With the fact duly established by the prosecution that the appellant was guilty of negligence,
years old
this exempting circumstance cannot be applied because application presupposes that there is
no fault or negligence on the part of the person performing the lawful act.
Over 70 years old Mitigated responsibilit
 Accident happens outside the sway of our will, and although it comes about some act of our
will, lies beyond the bounds of humanly foreseeable consequences.
 The accused, who, while hunting saw wild chickens and fired a shot can be considered to be in
3. A person over nine years of age and under fifteen, unless he has acted with discernment,
the performance of a lawful act executed with due care and without intention of doing harm
in which case, such minor shall be proceeded against in accordance with the provisions of when such short recoiled and accidentally wounded another. Such was established because
article 80 of this Code.
the deceased was not in the direction at which the accused fired his gun.
 The chauffeur, who while driving on the proper side of the road at a moderate speed and with
When such minor is adjudged to be criminally irresponsible, the court, in conformity with the due diligence, suddenly and unexpectedly saw a man in front of his vehicle coming from the
provisions of this and the preceding paragraph, shall commit him to the care and custody of his sidewalk and crossing the street without any warning that he would do so, in effect being run
family who shall be charged with his surveillance and education; otherwise, he shall be over by the said chauffeur, was held not criminally liable, it being by mere accident.
committed to the care of some institution or person mentioned in said article 80.
1. A person is performing a lawful act
 QUALIFIED MINORITY: Basis: complete absence of intelligence 2. Exercise of due dare
 Such minor over 9 years and under 15 years of age must have acted without discernment to 3. He causes injury to another by mere accident
be exempted from criminal liability. If with discernment, he is criminally liable. 4. Without fault or intention of causing it.
 Presumption is always that such minor has acted without discernment. The prosecution is
burdened to prove if otherwise. 5. Any person who acts under the compulsion of an irresistible force.
 Discernment means the mental capacity of a minor between 9 and 15 years of age to fully
appreciate the consequences of his unlawful act. Such is shown by: (1) manner the crime was
 IRRESISTIBLE FORCE: Basis: complete absence of freedom, an element of voluntariness
committed (i.e. commission of the crime during nighttime to avoid detection; taking the loot to
another town to avoid discovery), or (2) the conduct of the offender after its commission (i.e.  Elements:
elation of satisfaction upon the commission of his criminal act as shown by the accused  Force, to be irresistible, must produce such an effect on an individual that despite of his
cursing at the victim). resistance, it reduces him to a mere instrument and, as such, incapable of committing a
 crime. It compels his member to act and his mind to obey. It must act upon him from the  INTENT – presupposes the exercise of freedom and the use of intelligence
outside and by a third person.  Distinction between justifying and exempting circumstance:
 Baculi, who was accused but not a member of a band which murdered some American school
teachers and was seen and compelled by the leaders of the band to bury the bodies, was not
1. Priest can’t be compelled to reveal what was confessed to him
criminally liable as accessory for concealing the body of the crime. Baculi acted under the
2. No available transportation – officer not liable for arbitrary detention
compulsion of an irresistible force.
3. Mother who was overcome by severe dizziness and extreme debility, leaving child to die – not
 Irresistible force can never consist in an impulse or passion, or obfuscation. It must consist of liable for infanticide
an extraneous force coming from a third person.
1. Exempting – there is a crime but there is no criminal. Act is not justified but the actor is not
1. That the compulsion is by means of physical force criminally liable.
2. That the physical force must be irresistible.
3. That the physical force must come from a third person
General Rule: There is civil liability
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
Exception: Par 4 (causing an injury by mere accident) and Par 7 (lawful cause)

 UNCONTROLLABLE FEAR: Basis: complete absence of freedom

b. Justifying – person does not transgress the law, does not commit any crime because there is nothing
 Elements unlawful in the act as well as the intention of the actor.

1. that the threat which causes the fear is of an evil greater than, or at least equal to that w/c he is
Distinction between Exempting and Justifying Circumstances
required to commit
2. that it promises an evil of such gravity and imminence that the ordinary man would have Exempting Circumstance Justifying Circumstance
succumbed to it. Existence of a There is a crime but there is no criminal, There is no crime, the act is justified
crime the actor is exempted from liability of his
act
 Duress, to be a valid defense, should be based on real, imminent or reasonable fear for one’s
life or limb. It should not be inspired by speculative, fanciful or remote fear.
 Threat of future injury is not enough. The compulsion must leave no opportunity to the accused
for escape or self-defense in equal combat.  Absolutory Causes – are those where the act committed is a crime but for some reason of
 Duress is the use of violence or physical force. public policy and sentiment, there is no penalty imposed.
 There is uncontrollable fear is when the offender employs intimidation or threat in compelling  Exempting and Justifying Circumstances are absolutory causes.
another to commit a crime, while irresistible force is when the offender uses violence or  Other examples of absolutory causes:
physical force to compel another person to commit a crime.
 “an act done by me against my will is not my act” 1) Art 6 – spontaneous desistance

7. Any person who fails to perform an act required by law, when prevented by some lawful 2) Art 20 – accessories exempt from criminal liability
or insuperable cause.
3) Art 19 par 1 – profiting one’s self or assisting offenders to profit by the effects of the crime
 LAWFUL OR INSUPERABLE CAUSE: Basis: acts without intent, the third condition of
voluntariness in intentional felony  Instigation v. Entrapment
 Elements:
INSTIGATION ENTRAPMENT
1. That an act is required by law to be done
Instigator practically induces the would-be accused The ways and means are resorted to for the
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 into the commission of the offense and himself purpose of trapping and capturing the lawbreaker in
becomes co-principal the execution of his criminal plan.

 Examples of lawful cause: Accused will be acquitted NOT a bar to accused’s prosecution and conviction
 To be an EXEMPTING circumstance – INTENT IS WANTING
Absolutory cause NOT an absolutory cause Example: While driving his car, Juan sees Pedro carelessly crossing the street. Juan swerves to avoid
him, thus hitting a motorbike with 2 passengers, killing them instantly. Not all requisites to justify act
were present because harm done to avoid injury is greater. Considered as mitigating.
MITIGATING CIRCUMSTANCES
c. Performance of Duty (par 5)
 Definition – Those circumstance which reduce the penalty of a crime
Example: Juan is supposed to arrest Pedro. He thus goes to Pedro’s hideout. Juan sees a man asleep.
 Effect – Reduces the penalty of the crime but does not erase criminal liability nor change the
Thinking it was Pedro, Juan shot him. Juan may have acted in the performance of his duty but the crime
nature of the crime
was not a necessary consequence thereof. Considered as mitigating.
 Kinds of Mitigating Circumstance:

 Exempting circumstance
 Privileged Mitigating Ordinary Mitigating

a. Minority over 9 and under 15 – if minor acted with discernment, considered mitigating
Offset by any Cannot be offset by any aggravating Can be offset by a generic aggravating
aggravating circumstance circumstance Example: 13 year old stole goods at nighttime. Acted with discernment as shown by the manner in
circumstance which the act was committed.
Effect on the Has the effect of imposing the penalty by 1 If not offset, has the effect of imposing
penalty or 2 degrees than that provided by law the penalty in the minimum period b. Causing injury by mere accident – if 2nd requisite (due care) and 1st part of 4th requisite (without
fault – thus negligence only) are ABSENT, considered as mitigating because the penalty is lower than
Kinds Minority, Incomplete Self-defense, two or Those circumstances enumerated in that provided for intentional felony.
more mitigating circumstances without any paragraph 1 to 10 of Article 13
aggravating circumstance (has the effect of Example: Police officer tries to stop a fight between Juan and Pedro by firing his gun in the air. Bullet
lowering the penalty by one degree) ricocheted and killed Petra. Officer willfully discharged his gun but was unmindful of the fact that area
was populated.

Article 13. c. Uncontrollable fear – only one requisite present, considered mitigating

1. Those mentioned in the preceding chapter, when all the requisites necessary to justify the act
or to exempt from criminal liability in the respective cases are not attendant
 Justifying circumstances
1. Self-defense/defense of relative/defense of stranger – unlawful aggression must be present
for Art 13 to be applicable. Other 2 elements not necessary. If 2 requisites are present –
considered a privileged mitigating circumstance.
Example: Juan makes fun of Pedro. Pedro gets pissed off, gets a knife and tries to stab Juan. Juan
grabs his own knife and kills Pedro. Incomplete self-defense because although there was unlawful
aggression and reasonable means to repel was taken, there was sufficient provocation on the part of
Juan. But since 2 elements are present, it considered as privileged mitigating.
Example: Under threat that their farm will be burned, Pedro and Juan took turns guarding it at night.
Pedro fired in the air when a person in the shadows refused to reveal his identity. Juan was awakened
and shot the unidentified person. Turned out to be a neighbor looking for is pet. Juan may have acted
under the influence of fear but such fear was not entirely uncontrollable. Considered mitigating
2. That the offender is under 18 years of age or over 70 years. In the case of a minor, he shall be
proceeded against in accordance with the provisions of Art 192 of PD 903
 Applicable to:
a. Offender over 9, under 15 who acted with discernment
b. Offender over 15, under 18

b. State of Necessity (par 4) avoidance of greater evil or injury; if any of the last 2 requisites is absent, c. Offender over 70 years
there’s only an ordinary Mitigating Circumstance.
 Age of accused which should be determined as his age at the date of commission of crime, not
date of trial
  Various Ages and their Legal Effects lack of foresight or lack of skill in culpable felonies. There is no intent on the part of the
offender which may be considered as diminished.
a. under 9 – exemptive circumstance  Basis of par 3: intent, an element of voluntariness in intentional felony, is diminished

b. over 9, below 15 – exemptive; except if acted with discernment 4. That the sufficient provocation or threat on the part of the offended party immediately
preceded the act.
c. minor delinquent under 18 – sentence may be suspended (PD 603)
 Provocation – any unjust or improper conduct or act of the offended party, capable of exciting,
inciting or irritating anyone.
d. under 18 – privileged mitigating circumstance
 Basis: diminution of intelligence and intent
 Requisites:
e. 18 and above – full criminal responsibility

a. Provocation must be sufficient.

f. 70 and above – mitigating circumstance; no imposition of death penalty; execution g. of death
sentence if already imposed is suspended and commuted.
1. Sufficient – adequate enough to excite a person to commit the wrong and must accordingly be
proportionate to its gravity.
3. That the offender had no intention to commit so grave a wrong as that committed (praeter
intentionam)
2. Sufficiency depends on:

 Can be used only when the facts prove to show that there is a notable and evident
disproportion between means employed to execute the criminal act and its consequences  the act constituting the provocation
 Intention: as an internal act, is judged by the proportion of the means employed to the evil  the social standing of the person provoked
produced by the act, and also by the fact that the blow was or was not aimed at a vital part of  time and place provocation took place
the body.
 Judge by considering (1) the weapon used, (2) the injury inflicted and (3) the attitude of mind 3. Example: Juan likes to hit and curse his servant. His servant thus killed him. There’s mitigating
when the accuser attacked the other. circumstance because of sufficient provocation.

Example: Pedro stabbed Tomas on the arm. Tomas did not have the wound treated, so he died from 4. When it was the defendant who sought the deceased, the challenge to fight by the deceased is NOT
loss of blood. sufficient provocation.

 Not applicable when offender employed brute force b. It must originate from the offended party

Example: Rapist choked victim. Brute force of choking contradicts claim that he had no intention to kill
the girl.
 Art 13, par 3 addresses itself to the intention of the offender at the particular moment when he
executes or commits the criminal act, not to his intention during the planning stage.
 In crimes against persons – if victim does not die, the absence of the intent to kill reduces the
felony to mere physical injuries. It is not considered as mitigating. Mitigating only when the
victim dies.
Example: As part of fun-making, Juan merely intended to burn Pedro’s clothes. Pedro received minor
burns. Juan is charged with physical injuries. Had Pedro died, Juan would be entitled to the mitigating
circumstance.
1. Why? Law says the provocation is “on the part of the offended party”
2. Example: Tomas’ mother insulted Petra. Petra kills Tomas because of the insults. No Mitigating
Circumstance because it was the mother who insulted her, not Tomas.
3. Provocation by the deceased in the first stage of the fight is not Mitigating
Circumstance when the accused killed him after he had fled because the deceased from the moment he
fled did not give any provocation for the accused to pursue and attack him.
c. Provocation must be immediate to the act., i.e., to the commission of the crime by the person who is
provoked

 Not applicable to felonies by negligence. Why? In felonies through negligence, the offender
acts without intent. The intent in intentional felonies is replaced by negligence, imprudence,
 1. Why? If there was an interval of time, the conduct of the offended party could not have excited  Requisites for Passion & Obfuscation
the accused to the commission of the crime, he having had time to regain his reason and to
exercise self-control.
a. The offender acted on impulse powerful enough to produce passion or obfuscation
2. Threat should not be offensive and positively strong because if it was, the threat to inflict real
injury is an unlawful aggression which may give rise to self-defense and thus no longer a
Mitigating Circumstance b. That the act was committed not in the spirit of lawlessness or revenge

5. That the act was committed in the immediate vindication of a grave offense to the one c. The act must come from lawful sentiments
committing the felony (delito), his spouse, ascendants, descendants, legitimate, natural or
adopted brother or sisters, or relatives by affinity within the same degree.  Act which gave rise to passion and obfuscation

1. Requisites: a. That there be an act, both unlawful and unjust

 there’s a grave offense done to the one committing the felony etc.
 that the felony is committed in vindication of such grave offense.
2. Lapse of time is allowed between the vindication and the one doing the offense (proximate time, not
just immediately after)
b. The act be sufficient to produce a condition of mind
c. That the act was proximate to the criminal act
d. The victim must be the one who caused the passion or obfuscation

3. Example: Juan caught his wife and his friend in a compromising situation. Juan kills his friend the
next day – still considered proximate.  Example: Juan saw Tomas hitting his (Juan) son. Juan stabbed Tomas. Juan is entitled to
Mitigating Circumstance of P&O as his actuation arose from a natural instinct that impels a
father to rush to the rescue of his son.
PROVOCATION VINDICATION  The exercise of a right or a fulfillment of a duty is not the proper source of P&O.
Made directly only to the person committing the Grave offense may be also against the offender’s
felony relatives mentioned by law Example: A policeman arrested Juan as he was making a public disturbance on the streets. Juan’s
anger and indignation resulting from the arrest can’t be considered passionate obfuscation because the
Cause that brought about the provocation need not Offended party must have done a grave offense to policeman was doing a lawful act.
be a grave offense the offender or his relatives

Necessary that provocation or threat immediately May be proximate. Time interval allowed  The act must be sufficient to produce a condition of mind. If the cause of the loss of self-control
preceded the act. No time interval was trivial and slight, the obfuscation is not mitigating.

Example: Juan’s boss punched him for not going to work he other day. Cause is slight.
 More lenient in vindication because offense concerns the honor of the person. Such is more
worthy of consideration than mere spite against the one giving the provocation or threat.
 Vindication of a grave offense and passion and obfuscation can’t be counted separately and
independently
6. That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation
 Passion and obfuscation is mitigating: when there are causes naturally producing in a person
powerful excitement, he loses his reason and self-control. Thereby dismissing the exercise of
his will power.
 PASSION AND OBFUSCATION are Mitigating Circumstances only when the same arise from
lawful sentiments (not Mitigating Circumstance when done in the spirit of revenge or
lawlessness)
 There could have been no Mitigating Circumstance of P&O when more than 24 hours elapsed
between the alleged insult and the commission of the felony, or several hours have passed
between the cause of the P&O and the commission of the crime, or at least ½ hours
intervened between the previous fight and subsequent killing of deceased by accused.
 Not mitigating if relationship is illegitimate
 The passion or obfuscation will be considered even if it is based only on the honest belief of
the offender, even if facts turn out to prove that his beliefs were wrong.
 Passion and obfuscation cannot co-exist with treachery since the means that the offender has
had time to ponder his course of action.
 PASSION AND OBFUSCATION arising from one and the same cause should be treated as
only one mitigating circumstance
 Vindication of grave offense can’t co-exist w/ PASSION AND OBFUSCATION
PASSION AND OBFUSCATION IRRESITIBLE FORCE  Spontaneous – emphasizes the idea of inner impulse, acting without external stimulus. The
conduct of the accused, not his intention alone, after the commission of the offense,
Mitigating Exempting determines the spontaneity of the surrender.

No physical force needed Requires physical force Example: Surrendered after 5 years, not spontaneous anymore.
From the offender himself Must come from a 3rd person
Example: Surrendered after talking to town councilor. Not V.S. because there’s an external stimulus
Must come from lawful sentiments Unlawful
 Conduct must indicate a desire to own the responsibility
PASSION AND OBFUSCATION PROVOCATION  Not mitigating when warrant already served. Surrender may be considered mitigating if warrant
not served or returned unserved because accused can’t be located.
Produced by an impulse which may be Comes from injured party  Surrender of person required. Not just of weapon.
caused by provocation
 Person in authority – one directly vested with jurisdiction, whether as an individual or as a
member of some court/government/corporation/board/commission. Barrio captain/chairman
Offense, which engenders perturbation of Must immediately precede the commission of
included.
mind, need not be immediate. It is only the crime
 Agent of person in authority – person who by direct provision of law, or be election, or by
required that the influence thereof lasts until
appointment by competent authority is charged with the maintenance of public order and the
the crime is committed protection and security of life and property and any person who comes to the aid of persons in
authority.
Effect is loss of reason and self-control on Same
 RPC does not make distinction among the various moments when surrender may occur.
the part of the offender
 Surrender must be by reason of the commission of the crime for which defendant is charged
 Requisites for plea of guilty
7. That the offender had voluntarily surrendered himself to a person in authority or his agents,
or that he had voluntarily confessed his guilt before the court prior to the presentation of the a) offender spontaneously confessed his guilt
evidence for the prosecution.
b) confession of guilt was made in open court (competent court)
 2 Mitigating Circumstances present:
c) confession of guilt was made prior to the presentation of evidence for the prosecution
a) voluntarily surrendered
 plea made after arraignment and after trial has begun does not entitle accused to have plea
b) voluntarily confessed his guilt considered as Mitigating Circumstance
 plea in the RTC in a case appealed from the MTC is not mitigating – must make plea at the
first opportunity
 If both are present, considered as 2 independent mitigating circumstances. Mitigate penalty to
a greater extent  plea during the preliminary investigation is no plea at all
 Requisites of voluntary surrender:  even if during arraignment, accused pleaded not guilty, he is entitled to Mitigating
Circumstance as long as withdraws his plea of not guilty to the charge before the fiscal could
present his evidence
a) offender not actually arrested  plea to a lesser charge is not Mitigating Circumstance because to be voluntary plea of guilty,
must be to the offense charged
b) offender surrendered to a person in authority or the latter’s agent  plea to the offense charged in the amended info, lesser than that charged in the original info, is
Mitigating Circumstance
c) surrender was voluntary  present Rules of Court require that even if accused pleaded guilty to a capital offense, its
mandatory for court to require the prosecution to prove the guilt of the accused being likewise
entitled to present evidence to prove, inter alia, Mitigating Circumstance
 Surrender must be spontaneous – shows his interest to surrender unconditionally to the
authorities
8. That the offender is deaf and dumb, blind or otherwise suffering from some physical defect w/c thus b) not resisting arrest not the same as voluntary surrender
restricts his means of action, defense or communication w/ his fellow beings.
c) running amuck is not mitigating
 Basis: one suffering from physical defect which restricts him does not have complete freedom
of action and therefore, there is diminution of that element of voluntariness.  MITIGATING CIRCUMSTANCE which arise from:
 No distinction between educated and uneducated deaf-mute or blind persons
 The physical defect of the offender should restrict his means of action, defense or a) moral attributes of the offender
communication with fellow beings, this has been extended to cover cripples, armless people
even stutterers.
 The circumstance assumes that with their physical defect, the offenders do not have a Example: Juan and Tomas killed Pedro. Juan acted w/ PASSION AND OBFUSCATION. Only Juan will
complete freedom of action therefore diminishing the element of voluntariness in the be entitled to Mitigating Circumstance
commission of a crime.
b) private relations with the offended party
9. Such illness of the offender as would diminish the exercise of the will-power of the offender w/o
depriving him of consciousness of his acts. Example: Juan stole his brother’s watch. Juan sold it to Pedro, who knew it was stolen. The
circumstance of relation arose from private relation of Juan and the brother. Does not mitigate Pedro.
 Basis: diminution of intelligence and intent
 Requisites: c) other personal cause

a) illness of the offender must diminish the exercise of his will-power Example: Minor, acting with discernment robbed Juan. Pedro, passing by, helped the minor.
Circumstance of minority, mitigates liability of minor only.
b) such illness should not deprive the offender of consciousness of his acts
 Shall serve to mitigate the liability of the principals, accomplices and accessories to whom the
circumstances are attendant.
 when the offender completely lost the exercise of will-power, it may be an exempting  Circumstances which are neither exempting nor mitigating
circumstance
 deceased mind, not amounting to insanity, may give place to mitigation
a) mistake in the blow
10. And any other circumstance of a similar nature and analogous to those above-mentioned
b) mistake in the identity of the victim

 Examples of “any other circumstance”:

c) entrapment of the accused

a) defendant who is 60 years old with failing eyesight is similar to a case of one over 70 years old
d) accused is over 18 years old

b) outraged feeling of owner of animal taken for ransom is analogous to vindication of grave offense
e) performance of a righteous action

c) impulse of jealous feeling, similar to PASSION AND OBFUSCATION

Example: Juan saved the lives of 99 people but caused the death of the last person, he is still criminally
liable
d) voluntary restitution of property, similar to voluntary surrender
AGGRAVATING CIRCUMSTANCES
e) extreme poverty, similar to incomplete justification based on state of necessity
 Definition – Those circumstance which raise the penalty for a crime without exceeding the
 NOT analogous: maximum applicable to that crime.
 Basis: The greater perversity of the offense as shown by:
a) killing wrong person
a) the motivating power behind the act
b) the place where the act was committed Example: evident premeditation inherent in theft, robbery, estafa, adultery and concubinage

c) the means and ways used  Aggravating circumstances are not presumed. Must be proved as fully as the crime itself in
order to increase the penalty.
d) the time
Art 14. Aggravating circumstances. — The following are aggravating circumstances:
e) the personal circumstance of the offender
1. 1. That advantage be taken by the offender of his public position
f) the personal circumstance of the victim
 Requisites:
 Kinds:
1. The offender is a public officer
a) Generic – generally applicable to all crimes 2. The commission of the crime would not have been possible without the powers, resources and
influence of the office he holds.
b) Specific – apply only to specific crimes (ignominy – for chastity crimes; treachery – for persons
crimes)  Essential – Public officer used the influence, prestige or ascendancy which his office gives him
as the means by which he realized his purpose.
c) Qualifying – those that change the nature of the crime (evident premeditation – becomes murder)  Failure in official is tantamount to abusing of office
 Wearing of uniform is immaterial – what matters is the proof that he indeed took advantage of
his position
d) Inherent – necessarily accompanies the commission of the crime (evident premeditation in theft,
estafa)
1. 2. That the crime be committed in contempt of or with insult to the public authorities
QUALIFYING AGGRAVATING CIRCUMSTANCE GENERIC AGGRAVATING CIRCUMSTANCE
Gives the proper and exclusive name, places the Increase penalty to the maximum, without  Requisites:
author thereof in such a situation as to deserve no exceeding limit prescribed by law
other penalty than that specifically prescribed by 1. The offender knows that a public authority is present
law 2. The public authority is engaged in the exercise of his functions
3. The public authority is not the victim of the crime
Can’t be offset by Mitigating Circumstance May be compensated by Mitigating Circumstance 4. The public authority’s presence did not prevent the criminal act

Must be alleged in the information. Integral part of Need not be alleged. May be proved over the  Example: Juan and Pedro are quarrelling and the municipal mayor, upon passing by, attempts
the offense objection of the defense. Qualifying if not alleged to stop them. Notwithstanding the intervention and the presence of the mayor, Juan and Pedro
will make it generic continue to quarrel until Juan succeeds in killing Pedro.
 Person in authority – public authority who is directly vested with jurisdiction, has the power to
govern and execute the laws
 Aggravating Circumstances which DO NOT have the effect of increasing the penalty:  Examples of Persons in Authority

1) which themselves constitute a crime specifically punishable by law or which are included in the 1. Governor
law defining a crime and prescribing the penalty thereof 2. Mayor
3. Barangay captain
Example: breaking a window to get inside the house and rob it 4. Councilors
5. Government agents
6. Chief of Police
2) aggravating circumstance inherent in the crime to such degree that it must of necessity
accompany the commission thereof
 Rule not applicable when committed in the presence of a mere agent.
  Agent – subordinate public officer charged with the maintenance of public order and protection  Requisites for Provocation: ALL MUST CONCUR
and security of life and property
1. given by the owner of the dwelling
Example: barrio vice lieutenant, barrio councilman 2. sufficient
3. immediate to the commission of the crime
1. 3. That the act be committed:
When dwelling may and may not be considered
(1) with insult or in disregard of the respect due to the offended party on account of his (a) When it may be considered When it may not be considered
rank, (b) age, (c) sex or  although the offender fired the shot from 
outside the house, as long as his victim was
(2) that it be committed in the dwelling of the offended party, if the latter has not given inside
provocation.  even if the killing took place outside the
dwelling, so long as the commission began
inside the dwelling
 circumstances (rank, age, sex) may be taken into account only in crimes against persons or
honor, it cannot be invoked in crimes against property  when adultery is committed in the dwelling of
the husband, even if it is also the dwelling of
 Rank – refers to a high social position or standing by which to determine one’s pay and
the wife, it is still aggravating because she and
emoluments in any scale of comparison within a position
her paramour committed a grave offense to the
 Age – the circumstance of lack of respect due to age applies in case where the victim is of head of the house
tender age as well as of old age
 In robbery with violence against persons,
 Sex – refers to the female sex, not to the male sex; not applicable when robbery with homicide, abduction, or illegal
detention
1. The offender acted w/ PASSION AND OBFUSCATION  If the offended party has given provocation
2. there exists a relation between the offender and the victim (but in cases of divorce decrees  If both the offender and the offended party are
where there is a direct bearing on their child, it is applicable) occupants of the same dwelling
3. the condition of being a woman is indispensable in the commission of the crime (Ex. Parricide,
 In robbery with force upon things, it is inherent
rape, abduction)

4. That the act be committed with (1) abuse of confidence or (2) obvious ungratefulness
 Requisite of disregard to rank, age, or sex

1. Crimes must be against the victim’s person or his honor Requisites of Abuse of Confidence Requisite of Obvious Ungratefulness
2. There is deliberate intent to offend or insult the respect due to the victim’s rank, age, or sex
a) Offended party has trusted the offender a) ungratefulness must be obvious, that is, there
must be something which the offender should owe the
 Disregard to rank, age, or sex is absorbed by treachery or abuse of strength victim a debt of gratitude for
b) Offender abused such trust
 Dwelling – must be a building or structure exclusively used for rest and comfort (combination
house and store not included)
c) Abuse of confidence facilitated the Note: robbery or theft committed by a visitor in the
commission of the crime house of the offended party is aggravated by obvious
1. may be temporary as in the case of guests in a house or bedspacers ungratefulness
2. basis for this is the sanctity of privacy the law accords to human abode

 Example: A jealous lover, already determined to kill his sweetheart, invited her for a ride and
 dwelling includes dependencies, the foot of the staircase and the enclosure under the house during that ride, he stabbed her
 Elements of the aggravating circumstance of dwelling  Abuse of confidence is inherent in:

1. Crime occurred in the dwelling of the victim 1. malversation

2. No provocation on the part of the victim 2. qualified theft
3. estafa by conversion
4. misappropriation
 5. qualified seduction 1. it facilitated the commission of the crime
2. especially sought for by the offender to insure the commission of the crime or for the purpose
5. That the crime be committed in the palace of the Chief Executive, or in his presence, or when public of impunity
authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.
3. when the offender took the advantage thereof for the purpose of impunity
4. commission of the crime must have began and accomplished at nighttime
 Requirements of the aggravating circumstance of public office:
 A polling precinct is a public office during election day
1. commission of the crime must begin and be accomplished in the nighttime
 Nature of public office should be taken into account, like a police station which is on duty 24
2. when the place of the crime is illuminated by light, nighttime is not aggravating
hrs. a day
3. absorbed by Treachery
 place of the commission of the felony (par 5): if it is Malacañang palace or a church is
aggravating, regardless of whether State or official; functions are being held.
Requisites:
 as regards other places where public authorities are engaged in the discharge of their duties,
there must be some performance of public functions
 the offender must have intention to commit a crime when he entered the place 1. The place facilitated the commission or omission of the crime
 Requisites for aggravating circumstances for place of worship: 2. Deliberately sought and not incidental to the commission or omission of the crime
3. Taken advantage of for the purpose of impunity

1. The crime occurred in the public office

2. Public authorities are actually performing their public duties  what should be considered here is whether in the place of the commission of the offense, there
was a reasonable possibility of the victim receiving some help
1. The crime occurred in a place dedicated to the worship of God regardless of religion
2. Offender must have decided to commit the crime when he entered the place of worship 6b. – Whenever more than 3 armed malefactors shall have acted together in the commission of
an offense, it shall be deemed to have been committed by a band.

When Paragraph 2 and 5 of Article 14 are applicable

Committed in the presence of the Chief Executive, Committed in contempt of Public Authority  Requisites:
in the Presidential Palace or a place of worship(Par.  if one of the four-armed malefactors is a principal by inducement, they do not form a band
5, Art. 14) because it is undoubtedly connoted that he had no direct participation,
(Par. 2, Art 14)
 Band is inherent in robbery committed in band and brigandage
Public authorities are performing of their duties Same  It is not considered in the crime of rape
when the crime is committed  It has been applied in treason and in robbery with homicide

When crime is committed in the public office, the Outside the office (still performing duty) 1. Facilitated the commission of the crime
officer must be performing his duties, except in the 2. Deliberately sought
Presidential Palace 3. Taken advantage of for the purposes of impunity
4. There must be four or more armed men
Public authority may be the offended party Public authority is not be the offended party
7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or
other calamity or misfortune
6a. That the crime be committed (1) in the nighttime, or (2) in an uninhabited place (3) by a band,
whenever such circumstances may facilitate the commission of the offense.
 Requisites:

 Nighttime, Uninhabited Place or By a Bang Aggravating when:

1. Committed when there is a calamity or misfortune
o Impunity – means to prevent the accused’s being recognized or to secure himself
against detection or punishment
 Nighttime begins at the end of dusk and ending at dawn; from sunset to sunrise 1. Conflagration
 Uninhabited Place – one where there are no houses at all, a place at a considerable distance 2. Shipwreck
from town, where the houses are scattered at a great distance from each other 3. Epidemic
 2. Offender took advantage of the state of confusion or chaotic condition from such misfortune  What is controlling is the time of the trial, not the time of the commission of the offense. At the
time of the trial means from the arraignment until after sentence is announced by the judge in
 Basis: Commission of the crime adds to the suffering by taking advantage of the misfortune. open court.
 based on time  When does judgment become final? (Rules of Court)
 offender must take advantage of the calamity or misfortune  Example of Crimes embraced in the Same title of the RPC
 Q: The accused was prosecuted and tried for theft, robbery and estafa. Judgments were read
on the same day. Is he a recidivist?
Distinction between Paragraphs 7 and 12 of Article 14
Committed during a calamity or misfortune Committed with the use of wasteful means
1. offender is on trial for an offense
2. he was previously convicted by final judgment of another crime
Crime is committed DURING any of the calamities Crime is committed BY using fire, inundation,
3. that both the first and the second offenses are embraced in the same title of the RPC
explosion or other wasteful means
4. the offender is convicted of the new offense

1. after the lapse of a period for perfecting an appeal

8. That the crime be committed with the aid of (1) armed men or (2) persons who insure or afford
2. when the sentence has been partially or totally satisfied or served
impunity
3. defendant has expressly waived in writing his right to appeal
4. the accused has applied for probation
 based on the means and ways
 Requisites: 1. robbery and theft – title 10
 Exceptions: 2. homicide and physical injuries – title 8

1. that armed men or persons took part in the commission of the crime, directly or indirectly A: No. Because the judgment in any of the first two offenses was not yet final when he was tried for the
2. that the accused availed himself of their aid or relied upon them when the crime was third offense
committed
 Recidivism must be taken into account no matter how many years have intervened between
1. when both the attacking party and the party attacked were equally armed the first and second felonies
2. not present when the accused as well as those who cooperated with him in the commission of  Pardon does not obliterate the fact that the accused was a recidivist, but amnesty extinguishes
the crime acted under the same plan and for the same purpose. the penalty and its effects
3. Casual presence, or when the offender did not avail himself of any of their aid nor did not
 To prove recidivism, it must be alleged in the information and with attached certified copies of
knowingly count upon their assistance in the commission of the crime
the sentences rendered against the accused
 Exceptions: if the accused does not object and when he admits in his confession and on the
WITH THE AID OF ARMED MEN BY A BAND witness stand.
Present even if one of the offenders merely relied Requires more than 3 armed malefactors who all
on their aid. Actual aid is not necessary acted together in the commission of an offense 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

 if there are more than 3 armed men, aid of armed men is absorbed in the employment of a  Reiteracion or Habituality – it is essential that the offender be previously punished; that is, he
band. has served sentence.
 Par. 10 speaks of penalty attached to the offense, not the penalty actually imposed
9. That the accused is a recidivist
REITERACION RECIDIVISM
 Recidivist – one who at the time of his trial for one crime, shall have been previously convicted Necessary that offender shall have served out his Enough that final judgment has been rendered in
by final judgment of another crime embraced in the same title of the RPC sentence for the first sentence the first offense
 Basis: Greater perversity of the offender as shown by his inclination to commit crimes
 Requisites: Previous and subsequent offenses must not be Same title
embraced in the same title of the Code
Not always an aggravating circumstance Always aggravating  When victim is different from that intended, premeditation is not aggravating. Although it is not
necessary that there is a plan to kill a particular person for premeditation to exist (e.g. plan to
kill first 2 persons one meets, general attack on a village…for as long as it was planned)
 4 Forms of Repetition  The premeditation must be based upon external facts, and must be evident, not merely
suspected indicating deliberate planning
 Habitual Delinquency – when a person within a period of 10 years from the date of his release
or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa  Evident premeditation is inherent in robbery, adultery, theft, estafa, falsification, and etc.
or falsification is found guilty of any of said crimes a third time or oftener.
 Quasi-Recidivism – any person who shall commit a felony after having been convicted by final 1. the time when the offender determined to commit the crime
judgment, before beginning to serve such sentence, or while serving the same, shall be 2. an act manifestly indicating that the culprit has clung to his determination
punished by the maximum period of the penalty prescribed by law for the new felony 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
1. Recidivism – generic
2. Reiteracion or Habituality – generic 14. That (1) craft, (2) fraud, or (3) disguise be employed
3. Multiple recidivism or Habitual delinquency – extraordinary aggravating
4. Quasi-Recidivism – special aggravating  Craft – involves intellectual trickery and cunning on the part of the accused.

11. That the crime be committed in consideration of a price, reward or promise. It is employed as a scheme in the execution of the crime (e.g. accused pretended to be members of the
constabulary, accused in order to perpetrate rape, used chocolates containing drugs)
 Requisites:
 Fraud –involves insidious words or machinations used to induce victim to act in a manner
1. At least 2 principals which would enable the offender to carry out his design.
 as distinguished from craft which involves acts done in order not to arouse the suspicion of the
1. The principal by inducement victim, fraud involves a direct inducement through entrapping or beguiling language or
machinations
2. The principal by direct participation
 Disguise – resorting to any device to conceal identity. Purpose of concealing identity is a must.
2. the price, reward, or promise should be previous to and in consideration of the commission of
the criminal act Distinction between Craft, Fraud, and Disguise
Craft Fraud Disguise
 Applicable to both principals. Involves the use of intellectual Involves the use of direct inducement Involves the use of devise to
trickery and cunning to arouse by insidious words or machinations conceal identity
12. That the crime be committed by means of inundation, fire, poison, explosion, stranding a suspicion of the victim
vessel or intentional damage thereto, or derailment of a locomotive, or by use of any other
artifice involving great waste or ruin.
 Requisite: The offender must have actually taken advantage of craft, fraud, or disguise to
 Requisite: The wasteful means were used by the offender to accomplish a criminal purpose facilitate the commission of the crime.
 Inherent in: estafa and falsification.
13. That the act be committed with evident premeditation
15. That (1) advantage be taken of superior strength, or (2) means be employed to weaken the
defense
 Essence of premeditation: the execution of the criminal act must be preceded by cool thought
and reflection upon the resolution to carry out the criminal intent during the space of time
sufficient to arrive at a calm judgment  To purposely use excessive force out of the proportion to the means of defense available to
 Requisites: the person attacked.
 Conspiracy generally presupposes premeditation  Requisite of Means to Weaken Defense
 To weaken the defense – illustrated in the case where one struggling with another suddenly
throws a cloak over the head of his opponent and while in the said situation, he wounds or kills
 him. Other means of weakening the defense would be intoxication or disabling thru the senses resistance superior strength
(casting dirt of sand upon another’s eyes)

1. Superiority may arise from aggressor’s sex, weapon or number as compared to that of the  Where there is conspiracy, treachery is considered against all the offenders
victim (e.g. accused attacked an unarmed girl with a knife; 3 men stabbed to death the female
 Treachery absorbs abuse of strength, aid of armed men, by a band and means to weaken the
victim).
defense
2. No advantage of superior strength when one who attacks is overcome with passion and
obfuscation or when quarrel arose unexpectedly and the fatal blow was struck while victim and
accused were struggling. 17. That the means be employed or circumstances brought about which add ignominy to the natural
3. Vs. by a band : circumstance of abuse of superior strength, what is taken into account is not effects of the acts
the number of aggressors nor the fact that they are armed but their relative physical might vis-
à-vis the offended party  IGNOMINY – is a circumstance pertaining to the moral order, which adds disgrace and
obloquy to the material injury caused by the crime
1. Means were purposely sought to weaken the defense of the victim to resist the assault
2. The means used must not totally eliminate possible defense of the victim, otherwise it will fall Applicable to crimes against chastity (rape included), less serious physical injuries, light or grave
under treachery coercion and murder

16. That the act be committed with treachery (alevosia)

 TREACHERY: when the offender commits any of the crime against the person, employing
means, methods or forms in the execution thereof which tend directly and specially to insure its
execution without risk to himself arising from the defense which the offended party might
make.
 Requisites:
 Treachery – can’t be considered when there is no evidence that the accused, prior to the
moment of the killing, resolved to commit to crime, or there is no proof that the death of the
victim was the result of meditation, calculation or reflection.
 Examples: victim asleep, half-awake or just awakened, victim grappling or being held, stacks
from behind
 But treachery may exist even if attack is face-to-face – as long as victim was not given any
chance to prepare defense
1. that at the time of the attack, the victim was not in the position to defend himself
2. that the offender consciously adopted the particular means, method or form of attack employed
by him
1. does not exist if the accused gave the deceased chance to prepare or there was warning given
or that it was preceded by a heated argument
2. there is always treachery in the killing of child
3. generally characterized by the deliberate and sudden and unexpected attack of the victim from
behind, without any warning and without giving the victim an opportunity to defend himself
 Requisites:
 Examples: accused embraced and kissed the offended party not out of lust but out of anger in
front of many people, raped in front of the husband, raped successively by five men
 tend to make the effects of the crime more humiliating
 Ignominy not present where the victim was already dead when such acts were committed
against his body or person
1. Crime must be against chastity, less serious physical injuries, light or grave coercion, and
murder
2. The circumstance made the crime more humiliating and shameful for the victim
18. That the crime be committed after an unlawful entry
 Unlawful entry – when an entrance is effected by a way not intended for the purpose. Meant to
effect entrance and NOT exit.
 Why aggravating? One who acts, not respecting the walls erected by men to guard their
property and provide for their personal safety, shows greater perversity, a greater audacity and
hence the law punishes him with more severity
 Example: Rapist gains entrance thru the window
 Inherent in: Trespass to dwelling, robbery with force upon things, and robbery with violence or
intimidation against persons.
19. That as a means to the commission of the crime, a wall, roof, door or window be broken

TREACHERY ABUSE OF SUPERIOR MEANS EMPLOYED TO  Requisites:

STRENGTH WEAKEN DEFENSE  Applicable only if such acts were done by the offender to effect entrance.
Means, methods or forms are Offender does not employ means, Means are employed but it only  Breaking is lawful in the following instances:
employed by the offender to make methods or forms of attack, he materially weakens the resisting
it impossible or hard for the only takes advantage of his power of the offended party
1. A wall, roof, window, or door was broken
offended party to put any sort of
 2. They were broken to effect entrance
1. an officer in order to make an arrest may break open a door or window of any building in which
the person to be arrested is or is reasonably believed to be;
2. an officer if refused admittance may break open any door or window to execute the search
warrant or liberate himself,
20. That the crime be committed (1) with the aid of persons under 15 years of age, or (2) by means of
motor vehicles, airships or other similar means.
 Reason for #1: to repress, so far as possible, the frequent practice resorted to by professional
criminals to avail themselves of minors taking advantage of their responsibility (remember that
minors are given leniency when they commit a crime)
Art 15. ALTERNATIVE CIRCUMSTANCES. Their concept. — 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. They are the
relationship, intoxication and the degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into consideration when the offended
party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or
relative by affinity in the same degrees of the offender.
The intoxication of the offender shall be taken into consideration as a mitigating
circumstances when the offender has committed a felony in a state of intoxication, if the same is
not habitual or subsequent to the plan to commit said felony but when the intoxication is
habitual or intentional, it shall be considered as an aggravating circumstance.

Example: Juan instructed a 14-year old to climb up the fence and open the gate for him so that he may  Alternative Circumstances – those which must be taken into consideration as aggravating or
rob the house mitigating according to the nature and effects of the crime and other conditions attending its
commission.
 They are:
 Reason for #2: to counteract the great facilities found by modern criminals in said means to
commit crime and flee and abscond once the same is committed. Necessary that the motor
vehicle be an important tool to the consummation of the crime (bicycles not included) 1. relationship – taken into consideration when offended party is the spouse, ascendant,
descendant, legitimate, natural or adopted brother or sister, or relative by affinity in the same
degree of the offender
Example: Juan and Pedro, in committing theft, used a truck to haul the appliances from the mansion. 2. intoxication – mitigating when the offender has committed a felony in the state of intoxication, if
the same is not habitual or subsequent to the plan to commit the said felony. Aggravating if
21. That the wrong done in the commission of the crime be deliberately augmented by causing other habitual or intentional
wrong not necessary for its commission 3. degree of instruction and education of the offender

RELATIONSHIP

 Cruelty: when the culprit enjoys and delights in making his victim suffer slowly and gradually, Mitigating Circumstance Aggravating Circumstance
causing him unnecessary physical pain in the consummation of the criminal act. Cruelty cannot In crimes against property (robbery, usurpation, In crimes against persons – in cases where the
be presumed nor merely inferred from the body of the deceased. Has to be proven. fraudulent insolvency, arson) offender, or when the offender and the offended
party are relatives of the same level, as killing a
1. mere plurality of words do not show cruelty brother, adopted brother or half-brother.
2. no cruelty when the other wrong was done after the victim was dead
Always aggravating in crimes against chastity.
 Requisites: Exception: Art 332 of CC – no criminal liability, civil
liability only for the crimes of theft, swindling or
1. that the injury caused be deliberately increased by causing other wrong malicious mischief committed or caused mutually
2. that the other wrong be unnecessary for the execution of the purpose of the offender by spouses, ascendants, descendants or relatives
by affinity (also brothers, sisters, brothers-in-law or
IGNOMINY CRUELTY sisters-in-law if living together). It becomes an
EXEMPTING circumstance.
Moral suffering – subjected to humiliation Physical suffering

 Relationship neither mitigating nor aggravating when relationship is an element of the offense.
Example: parricide, adultery, concubinage. 1. Principals

INTOXICATION 2. Accomplices.

MITIGATING CIRCUMSTANCE AGGRAVATING CIRCUMSTANCE  Accessories – not liable for light felonies because the individual prejudice is so small that penal
a) if intoxication is not habitual a) if intoxication is habitual – such habit must be sanction is not necessary
actual and confirmed  Only natural persons can be criminals as only they can act with malice or negligence and can
b) if intoxication is not subsequent to the plan to be subsequently deprived of liberty. Juridical persons are liable under special laws.
commit a felony b) if its intentional (subsequent to the plan to  Manager of a partnership is liable even if there is no evidence of his direct participation in the
commit a felony) crime.
 Corporations may be the injured party
 General Rule: Corpses and animals have no rights that may be injured.
 Must show that he has taken such quantity so as to blur his reason and deprive him of a
 Exception: defamation of the dead is punishable when it blackens the memory of one who is
certain degree of control
dead.
 A habitual drunkard is given to inebriety or the excessive use of intoxicating drinks.
 Habitual drunkenness must be shown to be an actual and confirmed habit of the offender, but
Art 17. Principals. — The following are considered principals:
not necessarily of daily occurrence.

1. 1. Those who take a direct part in the execution of the act;

DEGREE OF INSTRUCTION AND EDUCATION
2. 2. Those who directly force or induce others to commit it;
3. 3. Those who cooperate in the commission of the offense by another act without
MITIGATING CIRCUMSTANCE AGGRAVATING CIRCUMSTANCE which it would not have been accomplished.
Low degree of instruction education or the lack of it. High degree of instruction and education – offender
Because he does not fully realize the avails himself of his learning in committing the Principals by Direct Participation
consequences of his criminal act. Not just mere offense.
illiteracy but lack of intelligence. Requisites for 2 or more to be principals by direct participation:

1. participated in the criminal resolution (conspiracy)

 Determined by: the court must consider the circumstance of lack of instruction 2. carried out their plan and personally took part in its execution by acts which directly tended to
 Exceptions (not mitigating): the same end

1. crimes against property  Conspiracy – Is unity of purpose and intention.

2. crimes against chastity (rape included)
3. crime of treason
Establishment of Conspiracy

Art 16. Who are criminally liable. — The following are criminally liable for grave and less grave
felonies: 1. proven by overt act
2. Not mere knowledge or approval
3. It is not necessary that there be formal agreement.
1. Principals. 4. Must prove beyond reasonable doubt
5. Conspiracy is implied when the accused had a common purpose and were united in execution.
2. Accomplices. 6. Unity of purpose and intention in the commission of the crime may be shown in the following
cases:
1. Spontaneous agreement at the moment of the commission of the crime
3. Accessories.
2. Active Cooperation by all the offenders in the perpetration of the crime
3. Contributing by positive acts to the realization of a common criminal intent
4. Presence during the commission of the crime by a band and lending moral support
thereto.
The following are criminally liable for light felonies:
 5. While conspiracy may be implied from the circumstances attending the commission of 1. By Price, reward or promise
the crime, it is nevertheless a rule that conspiracy must be established by positive 2. By irresistible force or uncontrollable fear
and conclusive evidence. 3. Commander has the intention of procuring the commission of the crime
4. Commander has ascendancy or influence
5. Words used be so direct, so efficacious, so powerful
 Conspirator not liable for the crimes of the other which is not the object of the conspiracy or is
6. Command be uttered prior to the commission
not a logical or necessary consequence thereof
7. Executor had no personal reason
 Multiple rape – each rapist is liable for another’s crime because each cooperated in the
commission of the rapes perpetrated by the others
4. Imprudent advice does not constitute sufficient inducement
 Exception: in the crime of murder with treachery – all the offenders must at least know that
5. Requisites for words of command to be considered inducement:
there will be treachery in executing the crime or cooperate therein.

6. Words uttered in the heat of anger and in the nature of the command that had to be obeyed do
Example: Juan and Pedro conspired to kill Tomas without the previous plan of treachery. In the crime
not make one an inductor.
scene, Juan used treachery in the presence of Pedro and Pedro knew such. Both are liable for murder.
But if Pedro stayed by the gate while Juan alone killed Tomas with treachery, so that Pedro didn’t know
how it was carried out, Juan is liable for murder while Pedro for homicide. INDUCTOR PROPOSES TO COMMIT A FELONY
Induce others Same
 No such thing as conspiracy to commit an offense through negligence. However, special laws Liable only when the crime is executed Punishable at once when proposes to commit rebellion or
may make one a co-principal. Example: Under the Pure Food and Drug Act, a storeowner is treason. The person to whom one proposed should not
liable for the act of his employees of selling adulterated coffee, although he didn’t know that commit the crime, otherwise the latter becomes an
coffee was being sold. inductor
 Conspiracy is negatived by the acquittal of co-defendant.
Covers any crime Covers only treason and rebelli
 That the culprits “carried out the plan and personally took part in the execution, by acts which
directly tended to the same end”: Effects of Acquittal of Principal by direct participation on liability of principal by inducement

1. The principals by direct participation must be at the scene of the crime, personally taking part, 1. Conspiracy is negated by the acquittal of the co-defendant.
although he was not present in the scene of the crime, he is equally liable as a principal by 2. One can not be held guilty of instigating the commission of the crime without first showing that
direct participation. the crime has been actually committed by another. But if the one charged as principal by direct
2. One serving as guard pursuant to the conspiracy is a principal direct participation. participation be acquitted because he acted without criminal intent or malice, it is not a ground
for the acquittal of the principal by inducement.
 If the second element is missing, those who did not participate in the commission of the acts of
execution cannot be held criminally liable, unless the crime agreed to be committed is treason, Principals by Indispensable Cooperation
sedition, or rebellion.
1. “Those who cooperate in the commission of the offense by another act without which it would
Principals by Induction not have been accomplished”
2. Requisites:
a. “Those who directly force or induce others to commit it”
1. Participation in the criminal resolution
2. Cooperation through another act (includes negligence)
2. Principal by induction liable only when principal by direct participation committed the act
induced
3. Requisites:  *there is collective criminal responsibility when the offenders are criminally liable in the same
manner and to the same extent. The penalty is the same for all.
1. inducement be made directly with the intention of procuring the commission of the crime  there is individual criminal responsibility when there is no conspiracy.
2. such inducement be the determining cause of the commission of the crime by the material
executor Art. 18. Accomplices. — Accomplices are those persons who, not being included in Art.
17, cooperate in the execution of the offense by previous or simultaneous acts.
d. Forms of Inducements
  Requisites:
 Examples: a) Juan was choking Pedro. Then Tomas ran up and hit Pedro with a bamboo stick.
Juan continued to choke Pedro until he was dead. Tomas is only an accomplice because the
fatal blow came from Juan. b) Lending a dagger to a killer, knowing the latter’s purpose.
 An accomplice has knowledge of the criminal design of the principal and all he does is concur
with his purpose.
 There must be a relation between the acts done by the principal and those attributed to the
person charges as accomplice
 In homicide or murder, the accomplice must not have inflicted the mortal wound.
1. there be a community of design (principal originates the design, accomplice only concurs)
2. he cooperates in the execution by previous or simultaneous acts, intending to give material
and moral aid (cooperation must be knowingly done, it must also be necessary and not
indispensable
3. There be a relation between the acts of the principal and the alleged accomplice
Art. 19. Accessories. — Accessories are those who, having knowledge of the commission
of the crime, and without having participated therein, either as principals or accomplices, take
part subsequent to its commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in
order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided
the accessory acts with abuse of his public functions or whenever the author ofthe crime is
guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is
known to be habitually guilty of some other crime.
 Example of Par 1: person received and used property from another, knowing it was stolen
 Example of Par 2: placing a weapon in the hand of the dead who was unlawfully killed to plant
evidence, or burying the deceased who was killed by the principals
 Example of Par 3: 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, b) private persons who harbor,
conceal or assist in the escape of the author of the crime – guilty of treason, parricide, murder
or an attempt against the life of the President, or who is known to be habitually guilty of some
crime.
 General Rule: Principal acquitted, Accessory also acquitted
 Exception: when the crime was in fact committed but the principal is covered by exempting
circumstances.
Example: Minor stole a ring and Juan, knowing it was stolen, bought it. Minor is exempt. Juan liable as
accessory
 Trial of accessory may proceed without awaiting the result of the separate charge against the
principal because the criminal responsibilities are distinct from each other
 Liability of the accessory – the responsibility of the accessory is subordinate to that of a
principal in a crime because the accessory’s participation therein is subsequent to its
commission, and his guilt is directly related to the principal. If the principal was acquitted by an
exempting circumstance the accessory may still be held liable.
 Difference of accessory from principal and accomplice:
1. Accessory does not take direct part or cooperate in, or induce the commission of the crime
2. Accessory does not cooperate in the commission of the offense by acts either prior thereto or
simultaneous therewith
3. Participation of the accessory in all cases always takes place after the commission of the crime
4. Takes part in the crime through his knowledge of the commission of the offense.
Art. 20. Accessories who are exempt from criminal liability. — The penalties prescribed for
accessories shall not be imposed upon those who are such with respect to their spouses,
ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single exception of accessories falling within the
provisions of paragraph 1 of the next preceding article.
 Basis: Ties of blood and the preservation of the cleanliness of one’s name which compels one
to conceal crimes committed by relatives so near as those mentioned.
 Nephew and Niece not included
 Accessory not exempt when helped a relative-principal by profiting from the effects of the
crime, or assisted the offender to profit from the effects of the crime.
 Only accessories covered by par 2 and 3 are exempted.
 Public officer who helped his guilty brother escape does not incur criminal liability as ties of
blood constitutes a more powerful incentive than the call of duty.
 PENALTY – suffering inflicted by the State for the transgression of a law.
 3 fold purpose:
 Juridical Conditions of Penalty
1. retribution or expiation – penalty commensurate with the gravity of the offense
2. correction or reformation – rules which regulate the execution of penalties consisting of
deprivation of liberty
3. social defense – inflexible severity to recidivists and habitual delinquents
a. Must be productive of suffering – limited by the integrity of human personality
b. Must be proportionate to the crime
c. Must be personal – imposed only upon the criminal
d. Must be legal – according to a judgment of fact and law
e. Must be equal – applies to everyone regardless of the circumstance
f. Must bee correctional – to rehabilitate the offender

Criminal Law Book 1 Articles 21 – 30
Art. 21. Penalties that may be imposed. — No felony shall be punishable by any penalty not
prescribed by law prior to its commission.
 Guarantees that no act of a citizen will be considered criminal unless the State has made it so
by law and provided a penalty
 Except: When the penalty is favorable to the criminal.
Art. 22. Retroactive effect of penal laws. — Penal Laws shall have a retroactive effect insofar as
they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in
Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final
sentence has been pronounced and the convict is serving the same.
 General Rule: Criminal laws are given prospective effects
 Exception: Give retroactive effect when favorable to the accused. Ex. Special law made the
penalty less severe – but must refer to the same deed or omission penalized by the former
statute
 New law may provide that its provisions not to be applied to cases already filed in court at the
time of the approval of such law.
 The favorable retroactive effect of a new law may find the defendant in one of the 3 situations
 Habitual criminal (person who within the pd of 10 years from date of release or last conviction of
the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, he is
found guilty of any said crimes a third time or oftener) is NOT entitled to the benefit of the
provisions of the new favorable law.
 Civil liabilities not covered by Art 22 because rights of offended persons are not within the gift of
arbitrary disposal of the State.
 But new law increasing civil liability cannot be given retroactive effect.
 Retroactivity applicable also to special laws
 The right to punish offenses committed under an old penal law is not extinguished if the offenses
are still punished in the repealing penal law. However, if by re-enactment of the provisions of the
former law, the repeal is by implication and there is a saving clause, criminal liability under the
repealed law subsists.
 No retroactive effect of penal laws as regards jurisdiction of the court. Jurisdiction of the court is
determined by the law in force at the time of the institution of the action, not at the time of the
commission of the crime.
 Jurisdiction of courts in criminal cases is determined by the allegations of the complaint or
information, and not by the findings the court may make after trial.
 When a law is ex post facto
1. crime has been committed and the prosecution begins
2. sentence has been passed but service has not begun
3. sentence is being carried out.
a Makes criminal an act done before the passage of the law and which was innocent when done,
and punishes such an act.
b Aggravates the crime or makes it greater than it was when committed.
c Changes the punishment and inflicts a greater punishment than the law annexed to the crime when
committed.
d Alters the legal rules of evidence and authorizes conviction upon less or different testimony than
the law required at the time of the commission of the crime.
e Assuming to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a
right for something which when done was lawful.
f Deprives a person accused of a crime some lawful protection to which he has become entitled,
such as the protection of a former conviction or acquittal or a proclamation of amnesty.
 Bill of Attainder – a legislative act which inflicts punishment without trial. Its essence is the
substitution of a legislative for a judicial determination of guilt.
 Effect of change of Penal Law
a With enactment of a penal law punishing the offense – the action is not dismissed. The penalty in
the new law if favorable to the accused.
b Without enactment of a penal law punishing the offense – the previous offense is obliterated and
the action is dismissed.
Art. 23. Effect of pardon by the offended party. — A pardon of the offended party does not
extinguish criminal action except as provided in Article 344 of this Code; but civil liability with
regard to the interest of the injured party is extinguished by his express waiver.
  Even if injured party already pardoned the offender – fiscal can still prosecute. Not even
considered a ground for dismissal of the information. Exception: Art 344 – crimes of seduction,
abduction, rape or acts of lasciviousness – pardon must be expressed.
 Basis: crime is an offense against the State. Aggrieved party only a witness.
 Only Chief Executive can pardon the offenders
 Can’t compromise criminal liability, only civil liability – but it still shall not extinguish the public
action for the imposition of the legal penalty.
 Offended party in the crimes of adultery and concubinage can’t institute criminal prosecution if
he shall have consented or pardoned the offenders.
 Pardon in adultery and concubinage may be implied – continued inaction after learning of the
offense. Must pardon both offenders.
 The pardon afforded the offenders must come BEFORE the institution of the criminal
proceedings. Complaint for any of the above-mentioned crimes in Art 344 will still be prosecuted
by the court on the ground that the pardon (basis for the motion to dismiss) was given after the
filing of the complaint.
 The only act that extinguishes the penal action, after the institution of criminal action, is the
marriage between the offender and the offended party
 Pardon under Art 344 is only a bar to criminal prosecution. It DOES NOT extinguish criminal
liability. It is not one of the causes that totally extinguish criminal liability in Art 89.
 Par 1 refers to the “accused persons” who are detained “by reason of insanity or imbecility” not
an insane or imbecile who has not been arrested for a crime.
 They are not considered penalties because they are not imposed as a result of judicial
proceedings. Those in par 1, 3 and 4 are merely preventive measures before the conviction of
offenders.
 Commitment of a minor is not a penalty because it is not imposed by the court in a judgment.
The imposition of the sentence in such a case is suspended.
 Fines in par 4 are not imposed by the court because otherwise, they constitute a penalty
Art. 25. Penalties which may be imposed. — The penalties which may be imposed according to
this Code, and their different classes, are those included in the following:
Scale
PRINCIPAL PENALTIES
Capital punishment:
Death.
Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,

 Civil liability with regard to the interest of the injured party is extinguished by his express waiver Perpetual or temporary absolute disqualification,
because personal injury may be repaired through indemnity anyway. State has no reason to Perpetual or temporary special disqualification,
insist on its payment. Prision mayor.
 Waiver must be express. Correctional penalties:
Prision correccional,
Arresto mayor,
Art. 24. Measures of prevention or safety which are nor considered penalties. — The following
Suspension,
shall not be considered as penalties:
Destierro.
1. The arrest and temporary detention of accused persons, as well as their detention by reason Light penalties:
of insanity or imbecility, or illness requiring their confinement in a hospital. Arresto menor,
2. The commitment of a minor to any of the institutions mentioned in Article 80 and for the
Public censure.
purposes specified therein.
Penalties common to the three preceding classes:
3. Suspension from the employment of public office during the trial or in order to institute Fine, and
proceedings. Bond to keep the peace.
4. Fines and other corrective measures which, in the exercise of their administrative disciplinary
ACCESSORY PENALTIES
powers, superior officials may impose upon their subordinates.
Perpetual or temporary absolute disqualification,
5. Deprivation of rights and the reparations which the civil laws may establish in penal form.
Perpetual or temporary special disqualification,  Public censure is a penalty, and being such, is not proper in acquittal. But a competent court,
Suspension from public office, the right to vote and be voted for the profession or calling. while acquitting an accused may, with unquestionable propriety express its disapproval or
Civil interdiction, reprehension of those acts to avoid the impression that by acquitting the accused it approves or

Indemnification, admires his conduct.

 Permanent and temporary absolute and permanent and temporary special disqualification and
Forfeiture or confiscation of instruments and proceeds of the offense,
suspension may be principal or accessory penalties because they are found in 2 general
Payment of costs.
classes.
 Classification of penalties:

a Principal – art 25
Art. 26. When afflictive, correctional, or light penalty. — A fine, whether imposed as a single of

b Accessory – deemed included in the imposition of the principal penalties
 According to divisibility (principal)
a divisible – those that have fixed duration and are divisible into 3 periods
b indivisible – no fixed duration (death, RP, perpetual or absolute disqualification)
 According to subject matter
a corporal – death
b deprivation of freedom – reclusion, prision, arresto
as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a
correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light
penalty if it less than 200 pesos.
 Fines are imposed either as alternative (Art 144 punishing disturbance of proceedings with
arresto mayor or fine from 200 pesos to 1000 pesos) or single (fine of 200 to 6000 pesos)
 Penalty cannot be imposed in the alternative since it’s the duty of the court to indicate the
penalty imposed definitely and positively. Thus, the court cannot sentence the guilty person in a
manner as such as “to pay fine of 1000 pesos, or to suffer an imprisonment of 2 years, and to
pay the costs.”
 If the fine imposed by the law for the felony is exactly 200 pesos, it is a light felony.
 Fines:

c restriction of freedom – destierro

a Afflictive – over 6000

d deprivation of rights – disqualification and suspension

b Correctional – 201 to 6000

e pecuniary – fine
c Light – 200 and less
 According to gravity
 Note: The classification applies if the fine is imposed as a single or alternative penalty. Hence, it
does not apply if the fine imposed together with another penalty.
a capital
 Bond to keep the peace is by analogy:

b afflictive
a Afflictive – over 6000

c correccional
b Correctional – 201 to 6000

d light
c Light – 200 and less
 a serious physical injuries or death under exceptional circumstances (spouse finding other spouse in
pari delicto)
Distinction between classification of Penalties in Art. 9 and Art. 26

Article 9 Article 26 b failure to give bond for good behavior ( a person making threat may be required to give bond not to
molest the person threatened, if not destierro)
Applicable in determining the prescriptive period Applicable in determining the prescriptive period
of felonies of penalties
c penalty for the concubine
DURATION AND EFFECT OF PENALTIES
Art. 27. Reclusion perpetua. — Any person sentenced to any of the perpetual penalties shall be d in cases where the reduction of the penalty by one or more degrees results in destierro
pardoned after undergoing the penalty for thirty years, unless such person by reason of his  Bond to keep the peace is not specifically provided as a penalty for any felony and therefore
conduct or some other serious cause shall be considered by the Chief Executive as unworthy of cannot be imposed by the court. It is required in Art 284 and not to be given in cases involving
pardon. other crimes.
Reclusion temporal. — The penalty of reclusion temporal shall be from twelve years and one day  Summary:

to twenty years.
a Perpetual penalties – after 30 years, can be pardoned, except when he is unworthy of pardon by
Prision mayor and temporary disqualification. — The duration of the penalties of prision mayor
reason of his conduct and some other serious cause, it won’t exceed 40 years.
and temporary disqualification shall be from six years and one day to twelve years, except when
the penalty of disqualification is imposed as an accessory penalty, in which case its duration
b Reclusion Temporal – 12 yrs and 1 day to 20 yrs
shall be that of the principal penalty.
Prision correccional, suspension, and destierro. — The duration of the penalties of prision c Prision Mayor and temporary disqualification – 6 yrs and 1 day to 12 yrs; disqualification if
correccional, suspension and destierro shall be from six months and one day to six years, accessory follows the duration of the principal penalty
except when suspension is imposed as an accessory penalty, in which case, its duration shall
be that of the principal penalty. d Prision Correccional, suspension and destierro – 6 mos and 1 day to 12 yrs; disqualification if
Arresto mayor. — The duration of the penalty of arresto mayor shall be from one month and one accessory follows the duration of the principal penalty

day to six months.

e Arresto Mayor – 1 month and 1 day to 6 months
Arresto menor. — The duration of the penalty of arresto menor shall be from one day to thirty
days.
f Arresto Menor – 1 day to 30 days
Bond to keep the peace. — The bond to keep the peace shall be required to cover such period of
time as the court may determine. g Bond to keep the peace – the period during which the bond shall be effective is discretionary to the
 3 fold rule: the maximum duration of the convict’s sentence shall not be more than 3 times the court
length of time corresponding to the most severe of the penalties imposed upon him. Capital and Afflictive Penalties
 the maximum duration of the convict’s sentence shall in no case exceed 40 years
 Temporary disqualification and suspension, when imposed as accessory penalties, have Reclusion Reclusion

different durations – they follow the duration of the principal penalty Death Perpetua Temporal Prison Mayor

 Destierro is imposed in the following circumstances: Term of 20 days and 1 12 years and 1 6 years and 1 day
Imprison- None day to 40 years day to 20 years to 12 years
ment a When the offender is in prison – the duration of the temporary penalties (PAD, TAD, detention,

-Temporary suspension) is from the day on which the judgment of conviction becomes final.

None, unless absolute

pardoned: disqualification b When the offender is not in prison – the duration of the penalty 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
-Civil Interdiction -Civil Interdiction -Perpetual special
-Perpetual
or during his or during his
absolute sentence sentence disqualification from c The duration of the other penalties – the duration is from the day on which the offender
disqualification the right of suffrage commences to serve his sentence
-Perpetual -Perpetual which the offender  Reason for rule (a) – because under Art 24, the arrest and temporary detention of the accused
-Civil interdiction absolute absolute suffers although is not considered a penalty
Accessory
Penalties for 30 years disqualification disqualification pardoned  if in custody, the accused appealed, the service of the sentence should commence from the
date of the promulgation of the decision of the appellate court, not from the date of the judgment
Correctional and Light Penalties
of the trial court was promulgated.
 service of one in prison begins only on the day the judgment of conviction becomes final.
Prison Correctional Arresto Mayor Arresto Menor
 In cases if temporary penalties, if the offender is under detention, as when undergoing
Imprison- 1 month and 1 day to preventive imprisonment, rule (a) applies.
ment 6 months and 1 day to 6 years 6 months 1 day to 30 days  If not under detention (released on bail) rule (c) applies
-Suspension from public office  Offender under preventive imprisonment, rule (c) applies not rule (a)

-Suspension of right to -Suspension of right to

 The offender is entitled to a deduction of full-time or 4/5 of the time of his detention.
-Suspension from the right to hold office hold office Art. 29. Period of preventive imprisonment deducted from term of imprisonment. — Offenders
follow a profession or calling who have undergone preventive imprisonment shall be credited in the service of their sentence
-Suspension of the -Suspension of the consisting of deprivation of liberty, with the full time during which they have undergone
-Perpetual special right of suffrage during right of suffrage during preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the
disqualification on the right of the term of the the term of the same disciplinary rules imposed upon convicted prisoners, except in the following cases:
Accessory
Penalties suffrage sentence sentence 1. When they are recidivists or have been convicted previously twice or more times of any
Art. 28. Computation of penalties. — If the offender shall be in prison, the term of the duration of crime; and
the temporary penalties shall be computed from the day on which the judgment of conviction 2. When upon being summoned for the execution of their sentence they have failed to surrender
shall have become final. voluntarily.
If the offender be not in prison, the term of the duration of the penalty consisting of deprivation If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon
of liberty shall be computed from the day that the offender is placed at the disposal of the convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the
judicial authorities for the enforcement of the penalty. The duration of the other penalties shall time during which he has undergone preventive imprisonment. (As amended by Republic Act
be computed only from the day on which the defendant commences to serve his sentence. 6127, June 17, 1970). cd i
 Director of Prisons/warden to compute based on Art 28: Whenever an accused has undergone preventive imprisonment for a period equal to or more
than the possible maximum imprisonment of the offense charged to which he may be sentenced
and his case is not yet terminated, he shall be released immediately without prejudice to the
continuation of the trial thereof or the proceeding on appeal, if the same is under review. In case 3. The disqualification for the offices or public employments and for the exercise of any of the
the maximum penalty to which the accused may be sentenced is destierro, he shall be released rights mentioned.
after thirty (30) days of preventive imprisonment. (As amended by E.O. No. 214, July 10, 1988). In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and
 Accused undergoes preventive suspension if: 3 of this article shall last during the term of the sentence.
4. The loss of all rights to retirement pay or other pension for any office formerly held.
a offense is non-bailable  The exclusion is a mere disqualification for protection and not for punishment – the withholding
of a privilege, not a denial of a right.
b bailable but can’t furnish bail
 Perpetual absolute disqualification is effective during the lifetime of the convict and even after
 the full time or 4/5 of the time during which the offenders have undergone preventive suspension
the service of the sentence.
shall be deducted from the penalty imposed
 Temporary absolute disqualification is effective during the term of sentence and is removed after
 preventive imprisonment must also be considered in perpetual penalties. Article does not make
the service of the same. Exception: (1) deprivation of the public office or employment; (2) loss of
any distinction between temporal and perpetual penalties.
all rights to retirement pay or other pension for any office formerly held.
 duration of RP is to be computed at 30 years, thus, even if the accused is sentenced to life
 Effects of Perpetual and temporary absolute disqualification:
imprisonment, he is entitled to the full time or 4/5 of the time of preventive suspension
 Credit is given in the service of sentences “consisting of deprivation of liberty” (imprisonment a Deprivation of any public office or employment of offender
and destierro). Thus, persons who had undergone preventive imprisonment but the offense is
punishable by a fine only would not be given credit. b Deprivation of the right to vote in any election or to be voted upon
 Destierro is considered a “deprivation of liberty”
 If the penalty imposed is arresto menor to destierro, the accused who has been in prison for 30 c Loss of rights to retirement pay or pension
days (arresto menor to 30 days) should be released because although the maximum penalty is
destierro (6 mos 1 day to 6 yrs), the accused sentenced to such penalty does not serve it in d All these effects last during the lifetime of the convict and even after the service of the sentence
prison. except as regards paragraphs 2 and 3 of the above in connection with Temporary Absolute
 Habitual Delinquents not entitled to the full time or 4/5 credit of time under preventive Disqualification.
imprisonment since he is necessarily a recidivist or has been convicted previously twice or more
times of any crime.
 Example: X who was arrested for serious physical injuries, detained for 1 year and went out on
bail but was later on found guilty. He was consequently summoned for the execution of the
sentence, but having failed to appear, X will not be credited in the service of his sentence for
serious physical injuries w/ one year or 4/5 of one year preventive imprisonment.
Art. 30. Effects of the penalties of perpetual or temporary absolute disqualification. — The
penalties of perpetual or temporary absolute disqualification for public office shall produce the
following effects:
1. The deprivation of the public offices and employments which the offender may have held even
if conferred by popular election.
2.The deprivation of the right to vote in any election for any popular office or to be elected to
such office.
C riminal Law Book 1 Articles 31 – 40
DEC 21
Posted by Magz
Art. 31. Effect of the penalties of perpetual or temporary special disqualification. — The
penalties of perpetual or temporal special disqualification for public office, profession or calling
shall produce the following effects:
1. The deprivation of the office, employment, profession or calling affected;
2. The disqualification for holding similar offices or employments either perpetually or during
the term of the sentence according to the extent of such disqualification.
Art. 32. Effect of the penalties of perpetual or temporary special disqualification for the
exercise of the right of suffrage. — The perpetual or temporary special disqualification for the
exercise of the right of suffrage shall deprive the offender perpetually or during the term of the
sentence, according to the nature of said penalty, of the right to vote in any popular election for
any public office or to be elected to such office. Moreover, the offender shall not be permitted to
hold any public office during the period of his disqualification.
 Temporary disqualification if imposed is an accessory penalty, its duration is that of the principal
penalty
 Effects of Perpetual and Temporary Special Disqualification
a. For public office, profession, or calling
1. Deprivation of the office, employment, profession or calling affected
2. Disqualification for holding similar offices or employment during the period of disqualification
b. For the exercise of the right of suffrage
1. Deprivation of the right to vote or to be elected in an office.
2. Cannot hold any public office during the period of disqualification.
Art. 33. Effects of the penalties of suspension from any public office, profession or
calling, or the right of suffrage. — The suspension from public office, profession or calling, and
the exercise of the right of suffrage shall disqualify the offender from holding such office or
exercising such profession or calling or right of suffrage during the term of the sentence.
The person suspended from holding public office shall not hold another having similar functions
during the period of his suspension.
 Effects:
a Disqualification from holding such office or the exercise of such profession or right of suffrage
during the term of the sentence.
b Cannot hold another office having similar functions during the period of suspension.
Art. 34. Civil interdiction. — Civil interdiction shall deprive the offender during the time of
his sentence of the rights of parental authority, or guardianship, either as to the person or
property of any ward, of marital authority, of the right to manage his property and of the right to
dispose of such property by any act or any conveyance inter vivos.
 Effects:
a. Deprivation of the following rights:
1. Parental rights
2. Guardianship over the ward
3. Martial authority
4. Right to manage property and to dispose of the same by acts inter vivos
b. Civil Interdiction is an accessory penalty to the following principal penalties
1. If death penalty is commuted to life imprisonment
2. Reclusion perpetua
3. Reclusion temporal
 He can dispose of such property by will or donation mortis causa
Art. 35. Effects of bond to keep the peace. — It shall be the duty of any person sentenced
to give bond to keep the peace, to present two sufficient sureties who shall undertake that such
person will not commit the offense sought to be prevented, and that in case such offense be
committed they will pay the amount determined by the court in the judgment, or otherwise to
deposit such amount in the office of the clerk of the court to guarantee said undertaking.
The court shall determine, according to its discretion, the period of duration of the bond.
Should the person sentenced fail to give the bond as required he shall be detained for a period
which shall in no case exceed six months, is he shall have been prosecuted for a grave or less
grave felony, and shall not exceed thirty days, if for a light felony.
 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. Bond to keep the peace or for good behavior is
imposed as a penalty in threats.
Art. 36. Pardon; its effect. — A pardon shall not work the restoration of the right to hold
public office, or the right of suffrage, unless such rights be expressly restored by the terms of
the pardon.
A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed
upon him by the sentence.
 Pardon by the President does not restore the right to public office or suffrage except when both
are expressly restored in the pardon. Nor does it exempt from civil liability/from payment of civil
indemnity.
 Limitations to President’s power to pardon:
a can be exercised only after final judgment
b does not extend to cases of impeachment
c does not extinguish civil liability – only criminal liability
 Pardon granted in general terms does not include accessory penalties.
 Exceptions:
 Pardon by the offended party – does not extinguish criminal liability, may include offended party
waiving civil indemnity and it is done before the institution of the criminal prosecution and
extended to both offenders.
1. if the absolute pardon us granted after the term of imprisonment has expire, it removes all that is
left of the consequences of conviction. However, if the penalty is life imprisonment and after the
service of 30 years, a pardon is granted, the pardon does not remove the accessory penalty of
absolute perpetual disqualification
2. if the facts and circumstances of the case show that the purpose of the President is to precisely
restore the rights i.e., granting absolute pardon after election to a post (mayor) but before the
date fixed by law for assuming office to enable him to assume the position in deference to the
popular will.
Art. 37. Cost. — What are included. — Costs shall include fees and indemnities in the
course of the judicial proceedings, whether they be fixed or unalterable amounts previously
determined by law or regulations in force, or amounts not subject to schedule.
 Costs include:
 Costs (expenses of the litigation) are chargeable to the accused in vase of conviction.
 In case of acquittal, the costs are de oficio, each party bearing is own expense
 No costs allowed against the Republic of the Philippines until law provides the contrary
1. fees
2. indemnities in the course of judicial proceedings
Art. 38. Pecuniary liabilities. — Order of payment. — In case the property of the offender
should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in
the following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.
 Applicable “in case property of the offender should not be sufficient for the payment of all his
pecuniary liabilities.” Hence, if the offender has insufficient or no property, there is no use for Art
38.
 Order of payment is mandatory
 Example: Juan inflicted serious physical injuries against Pedro and took the latter’s watch and
ring. He incurred 500 worth of hospital bills and failed to earn 300 worth of salary. Given that
Juan only has 1000 pesos worth of property not exempt from execution, it shall be first applied
to the payment of the watch and ring which cannot be returned as such is covered by
“reparation of the damage caused” thus, no. 1 in the order of payment. The 500 and 300 are
covered by “indemnification of the consequential damage” thus, no. 2 in the order of payment.
Art. 39. Subsidiary penalty. — If the convict has no property with which to meet the fine
mentioned in the paragraph 3 of the nest preceding article, he shall be subject to a subsidiary
personal liability at the rate of one day for each eight pesos, subject to the following rules:
1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain
under confinement until his fine referred to in the preceding paragraph is satisfied, but his
subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case
shall it continue for more than one year, and no fraction or part of a day shall be counted against
the prisoner.
2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony,
and shall not exceed fifteen days, if for a light felony.
3. When the principal imposed is higher than prision correccional, no subsidiary imprisonment
shall be imposed upon the culprit.
4. If the principal penalty imposed is not to be executed by confinement in a penal institution,
but such penalty is of fixed duration, the convict, during the period of time established in the
preceding rules, shall continue to suffer the same deprivations as those of which the principal
penalty consists.
5. The subsidiary personal liability which the convict may have suffered by reason of his
insolvency shall not relieve him, from the fine in case his financial circumstances should
improve. (As amended by RA 5465, April 21, 1969.)
 There is no subsidiary penalty for non-payment of reparation, indemnification and costs in par 1,
2 and 4 of Art 38. It is only for fines.
 Art 39 applies only when the convict has no property with which to meet the fine in par 3 of art
38. Thus, a convict who has property enough to meet the fine and not exempted from execution
cannot choose to serve the subsidiary penalty instead of the payment of the fine.
 Subsidiary imprisonment is not an accessory penalty. It is covered by Art 40-45 of this Code.
Accessory penalties are deemed imposed even when not mentioned while subsidiary
imprisonment must be expressly imposed.
 Rules:

PENALTY IMPOSED LENGTH OF SUBSIDIARY PENALTY

Not exceed 1/3 of term of sentence, in no case more

Prision correccional or arresto and fine than 1 year fraction or part of a day not counted.

Not to exceed 6 months if prosecuted for grave or

less grave felony, not to exceed 15 days if prosecuted
Fine only for light felony

Higher than prision correccional No subsidiary imprisonment

Not to be executed by confinement but of Same deprivations as those of the principal penalty
fixed duration under rules 1, 2 and 3 above

 If financial circumstances improve, convict still to pay the fine even if he has suffered subsidiary
personal liability.
 the penalty imposed must be PC, AM, Am, suspension, destierro and fine only. – other than
these (PM, RT, RP) court cannot impose subsidiary penalty.
 Even if the penalty imposed is not higher than PC, if the accused is a habitual delinquent who
deserves an additional penalty of 12 yrs and 1 day of RT, there is no subsidiary imprisonment.
Art. 40. Death — Its accessory penalties. — The death penalty, when it is not executed by
reason of commutation or pardon shall carry with it that of perpetual absolute disqualification
and that of civil interdiction during thirty years following the date sentence, unless such
accessory penalties have been expressly remitted in the pardon.
Criminal Law Book 1 Articles 41 – 50
JAN 24
Posted by Magz
Art. 41. Reclusion perpetua and reclusion temporal. — Their accessory penalties. — The
penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil
interdiction for life or during the period of the sentence as the case may be, and that of
perpetual absolute disqualification which the offender shall suffer even though pardoned as to
the principal penalty, unless the same shall have been expressly remitted in the pardon.
Art. 42. Prision mayor — Its accessory penalties. — The penalty of prision mayor, shall carry
with it that of temporary absolute disqualification and that of perpetual special disqualification
from the right of suffrage which the offender shall suffer although pardoned as to the principal
penalty, unless the same shall have been expressly remitted in the pardon.
Art. 43. Prision correccional — Its accessory penalties. — The penalty of prision correccional
shall carry with it that of suspension from public office, from the right to follow a profession or
calling, and that of perpetual special disqualification from the right of suffrage, if the duration of
said imprisonment shall exceed eighteen months. The offender shall suffer the disqualification
provided in the article although pardoned as to the principal penalty, unless the same shall have
been expressly remitted in the pardon.
Art. 44. Arresto — Its accessory penalties. — The penalty of arresto shall carry with it that of
suspension of the right too hold office and the right of suffrage during the term of the sentence.
 Outline of accessory penalties inherent in principal penalties
1. death – if not executed because of commutation or pardon
1. perpetual absolute disqualification
2. civil interdiction during 30 years (if not expressly remitted in the pardon)
3. civil interdiction for life or during the sentence
4. perpetual absolute disqualification (unless expressly remitted in the pardon)
5. temporary absolute disqualification
6. perpetual absolute disqualification from suffrage (unless expressly remitted in the pardon)
7. suspension from public office, profession or calling
8. perpetual special disqualification from suffrage if the duration of the imprisonment exceeds 18
months (unless expressly remitted in the pardon)
2. RP and RT
3. PM
4. PC
 The accessory penalties in Art 40-44 must be suffered by the offender, although pardoned as to
the principal penalties. To be relieved of these penalties, they must be expressly remitted in the
pardon.
 No accessory penalty for destierro
 Persons who served out the penalty may not have the right to exercise the right of suffrage. For
a prisoner who has been sentenced to one year of imprisonment or more for any crime, absolute
pardon restores to him his political rights. If the penalty is less than one year, disqualification
does not attach except if the crime done was against property.
 The nature of the crime is immaterial when the penalty imposed is one year imprisonment or
more.
 The accessory penalties are understood to be always imposed upon the offender by the mere
fact that the law fixes a certain penalty for the crime. Whenever the courts impose a penalty
which by provision of law, carries with it other penalties, it’s understood that the accessory
penalties are also imposed.
 the accessory penalties do not affect the jurisdiction of the court in which the information is filed
because they don’t modify or alter the nature of the penalty provided by law. What determines
jurisdiction in criminal cases is the extent of the principal penalty w/c the law imposes of the
crime charged.
 the MTC has exclusive jurisdiction over offenses punishable with imprisonment of not exceeding
4 years and 2 months or a fine of not more than 4000 or both regardless of other imposable
accessory or other penalties.
Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. — Every penalty
imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the
crime and the instruments or tools with which it was committed.
Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the
Government, unless they be property of a third person not liable for the offense, but those
articles which are not subject of lawful commerce shall be destroyed.
 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
 proceeds and instruments/tools of the crime are confiscated in favor of the government
 3rd persons’ (not liable for the offense) property is not subject to confiscation and forfeiture
  property not subject of lawful commerce (whether it belongs to accused or 3 rd person) shall be
destroyed.
 can’t confiscate/forfeit unless there’s a criminal case filed and tried, and accused is acquitted.
 must indict 3rd person to order confiscation of his property
 instruments of the crime belonging to innocent 3rd person may be recovered
 confiscation can be ordered only if the property is submitted in evidence or placed at the
disposal of the court
 articles which are forfeited – when the order of forfeiture is already final, can’t be returned even
in case of an acquittal
 confiscation and acquittal are additional penalties. Where the penalty imposed did not include
the confiscation of the goods involved, the confiscation & forfeiture of said goods would be an
additional penalty and would amount to an increase of the penalty already imposed, thereby
placing the accused in double jeopardy.
 when the accused has appealed, confiscation and forfeiture not ordered by the trial court may
be imposed by the appellate court
 the government can’t appeal the modification of a sentence if the defendant did not appeal. But
if the defendant appeals, it removes all bars to the review and correction of the penalty imposed
by the court below, even if an increase thereof should be the result.
Art. 46. Penalty to be imposed upon principals in general. — The penalty prescribed by law for
the commission of a felony shall be imposed upon the principals in the commission of such
felony.
Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as
applicable to the consummated felony.
 The penalty prescribed by law in general terms shall be imposed:
a upon the principals
b for consummated felony
 Exception: when the law fixes a penalty for the frustrated or attempted felony. Whenever it is
believed that the penalty lower by one or two degrees corresponding to said acts of execution is
not proportionate to the wrong done, the law fixes a distinct penalty for the principal in the
frustrated or attempted felony.
 The graduation of penalties refers to:
a stages of execution (consummated, frustrated, attempted)
b degree of the criminal participation of the offender (principal, accomplice, accessory)
 the division of a divisible penalty (min, med, max) 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. In what cases the death penalty shall not be imposed. — The death penalty shall be
imposed in all cases in which it must be imposed under existing laws, except in the following
cases:
1. When the guilty person be more than seventy years of age.
2. When upon appeal or revision of the case by the Supreme court, all the members
thereof are not unanimous in their voting as to the propriety of the imposition of the death
penalty. For the imposition of said penalty or for the confirmation of a judgment of the inferior
court imposing the death sentence, the Supreme Court shall render its decision per curiam,
which shall be signed by all justices of said court, unless some member or members thereof
shall have been disqualified from taking part in the consideration of the case, in which even the
unanimous vote and signature of only the remaining justices shall be required.
 whenever the judgment of the lower court imposes the death penalty, the case shall be
determined by 10 justices of the court. When 10 justices fail to reach a decision (as to the
propriety of the imposition of the death penalty), the penalty next lower in degree than the death
penalty shall be imposed.
 Death penalty not imposed in the ff cases:
a) when the person is more than 70 years old at time RTC sentenced him
b) when upon appeal or revision of the case by the SC, 10 justices are not unanimous in their voting
c) when the offender is a minor under 18 yrs of age. Why? Because minority is always a mitigating
circumstance
 Justification for the death penalty: social defense and exemplarity. Not considered cruel and
unusual because does not involve torture or lingering death.
 Crimes where death penalty is imposed:
a) treason
b) certain acts of espionage under Commonwealth Act 616 2) that the single act produces

c) correspondence w/ hostile country when it contains notice or information and the intention of the a) 2 or more grave felonies
offender is to aid the enemy
b) one or more grave and one or more less grave felonies
d) qualified piracy
c) 2 or more less grave felonies
e) certain violations of the Anti-subversion act

f) parricide b) complex crime proper – when an offense is a necessary means for committing another
Requisites:
g) murder
1) that at least 2 offenses are committed
h) kidnapping and serious illegal detention
2) that one or some of the offenses must be necessary to commit the other
i) robbery w/ homicide
3) that both or all the offenses must be punished under the same statute
j) rape w/ homicide  No single act in the following cases:

k) when death resulted from the commission of arson or other crime involving destruction
 trial court must require the prosecution to present evidence, despite plea of guilty, when the
crime charged is punished by death. A sentence of death is valid only if it is susceptible of a fair
and reasonable examination by the court. This is impossible if no evidence of guilt was taken
after a plea of guilty.
Art. 48. Penalty for complex crimes. — When a single act constitutes two or more grave or less
grave felonies, or when an offense is a necessary means for committing the other, the penalty
for the most serious crime shall be imposed, the same to be applied in its maximum period.
 The 2 or more grave or less grave felonies must be the result of a single act, or an offense must
be a necessary means to commit the crime.
 Complex crime – one crime only as there is only one criminal intent – only one information need
be filed.
 2 kinds of complex crimes:
a) When 2 persons are killed one after the other, by different acts, although these 2 killings were the
result of a single criminal impulse, the different acts must be considered as distinct crimes.
b) When the acts are wholly different, not only in themselves, but also because they are directed
against 2 different persons, as when one fires his gun twice in succession, killing one and injuring the
other.
 Light felonies produced by the same act should be treated and punished as separate offenses
or may be absorbed by the grave felony.
Examples:
a) several light felonies resulting from one single act – not complex
Juan hit Pedro’s car, resulting in several light injuries and light felony of damage to property. No

a) compound crime – single act constitutes 2 or more grave or less grave felonies complex crime because the crime of slight physical injuries and damage to property are light felonies.

Requisites: There are as many crimes as there are persons injured w/ light physical injuries and as many penalties
as there are light felonies committed, even though they are produced by a single act of the offender.
1) that only one single act is committed by the offender
b) when the crime is committed by force or violence, slight physical injuries are absorbed.
 Examples of complex crimes:
a) Juan was a barangay captain who was killed while discharging his duty, the crime is a complex
crime of homicide w/ assault upon a person of authority.
b) Juan raped Petra, causing her physical injuries w/c required a month’s worth of medical attention.
This is a complex crime of rape w/ less serious physical injuries. The injuries were necessary to the
commission of the rape.
 when in obedience to an order, several accused simultaneously shot many persons, without
evidence how many each killed, there is only a single offense, there being a single criminal
impulse.
 when various acts are executed for the attainment of a single purpose w/c constitutes an
offense, such acts must be considered only as one offense.
Example: Juan falsified 100 warehouse receipts from April to June which enabled him to swindle the
bank of 100 million. There’s only one complex crime of estafa through multiple falsification of
documents.
 There is no complex crime of arson w/ homicide
 Art 48 is applicable to crimes through negligence
Example: Juan lit a cigarette as he poured gas in the tank of his car in his garage. The gas caught fire
and the house burned. His sister died and the maid suffered serious physical injuries. The crimes of
arson, homicide, serious physical injuries and damage to property constitute a complex crime. There is
only one penalty but there are 3 civil liabilities.
 No complex crime when one of the offenses is penalized by a special law
 Example of complex crime proper (at least 2 crimes must be committed):
Kidnapping the victim to murder him in a secluded place – ransom wasn’t paid so victim was killed.
Kidnapping was a necessary means to commit murder. But where the victim was taken from his home
for the sole purpose of killing him and not for detaining him illegally or for the purpose of ransom, the
crime is simple murder.
 “Necessary means” does not mean “indispensable means”. Indispensable would mean it is an
element of the crime. The crime can be committed by another mean. The means actually
employed (another crime) was merely to facilitate and insure the consummation of the crime.
 When in the definition of a felony, one offense is a means to commit the other, there is no
complex crime.
Ex. Murder committed by means of fire. Murder can be qualified by the circumstance of fire so no
complex crime even if Art 321 and 324 punishes arson. It’s plain and simple murder.
 Not complex crime when trespass to dwelling is a direct means to commit a grave offense. Like
rape, there is no complex crime of trespass to dwelling with rape. Trespass will be considered
as aggravating (unlawful entry or breaking part of a dwelling)
 No complex crime when one offense is committed to conceal another
Example: Juan set the school on fire after committing homicide. 2 crimes.
 When the offender had in his possession the funds w/c he misappropriated, the falsification of a
public or official document involving said funds is a separate offense. But when the offender had
to falsify a public or official document to obtain possession of the funds w/c he misappropriated,
the falsification is a necessary means to commit the malversation.
 There is no complex crime of rebellion with murder, arson, robbery or other common crimes.
They are mere ingredients of the crime of rebellion – absorbed already.
 When 2 crimes produced by a single act are respectively within the exclusive jurisdiction of 2
courts of different jurisdiction, the court of higher jurisdiction shall try the complex crime.
Example: Although the forcible abduction which was supposedly commenced in Manila was not proven,
and although the rape which was proven was actually committed in Cavite, still the RTC of Manila had
jurisdiction to convict the accused of rape. The complex crime of forcible abduction with rape was
charged in the complaint on the basis of which the case was tried.
 Art. 48 is intended to favor the culprit.
 The penalty for complex crime is the penalty for the most serious crime, the same to be applied
in its maximum period. If the 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. The same rule shall be observed when an offense is a necessary means to
commit the other.
 A complex crime of the second form may be committed by two persons.
 But when one of the offenses, as a means to commit the other, was committed by one of the
accused by reckless imprudence, the accused who committed the crime by reckless imprudence
is liable for his acts only.
Example: Juan cooperated in the commission of the complex offense of estafa through falsification by  Kinds of plurality of crimes:
reckless imprudence by acts without which it could not have been accomplished, and this being a fact,
a) formal or ideal – only one criminal liability
there would be no reason to exculpate him from liability. Even assuming he had no intention to defraud
Tomas if his co-defendants succeeded in attaining the purpose sought by the culprits, Juan’s
b) real or material – there are different crimes in law as well as in the conscience of the offender, in
participation together w/ the participation of his co-defendants in the commission of the offense
such cases, the offender shall be punished for each and every offense that he committed.
completed all the elements necessary for the perpetration of the complex crime of estafa
through falsification of documents. Example: Juan stabbed Pedro, then Juan stabbed Tomas too. There are 2 committed as 2 acts were
 When two felonies constituting a complex crime are punishable by imprisonment and fine, performed.
respectively, only the penalty of imprisonment shall be imposed.
PLURALITY OF CRIMES RECIDIVISM
 When a single act constitutes two grave or less grave or one grave and another less grave, and
the penalty for one is imprisonment while that for the other is fine, the severity of the penalty for There must be conviction by final judgment of the
No conviction of the crimes committed first prior offense
the more serious crime should not be judged by the classification of each of the penalties
involved, but by the nature of the penalties.  Formal/ideal plural crimes are divided into 3 groups: (a person committing multiple crimes is
punished w/ one penalty in the ff cases)
Example: Even if the fine for damage to property through reckless imprudence is P40,000, an afflictive
penalty, and the penalty for the physical injuries resulting from the same act is only 4 mos of arresto a) when the offender commits any of the complex crimes defined in art 48
mayor, a correccional penalty may be imposed.
 In the order of severity of the penalties, arresto mayor and arresto menor are considered more b) when the law specifically fixes a single penalty for 2 or more offenses committed: robbery w/

severe than destierro and arresto menor is higher in degree than destierro. homicide, kidnapping w/ serious physical injuires

 Fine is not included in the list of penalties in the order of severity and it is the last in the order.
c) when the offender commits continued crimes
 Art 48 applies only to cases where the Code doesn’t provide a specific penalty for a complex
crime.
 Continued crimes – refers to a single crime consisting of a series of acts but all arising from one
criminal resolution. Although there is a series of acts, there is only one crime committed, so only
 Art 48 doesn’t apply when the law provides one single penalty for single complex crimes like the
one penalty shall be imposed.
ff:
 Examples of continued crimes:

a) robbery w/ homicide
a) a collector of a commercial firm misappropriates for his personal use several amounts collected by

b) robbery w/ rape him from different persons. There is only one crime because the different and successive appropriations
are but the different moments during which one criminal resolution arises.
c) kidnapping w/ serious physical injuries
b) Juan stole 2 books belonging to 2 different persons. He commits only one crime because there is
d) rape w/ homicide unity of thought in the criminal purpose of the offender.
 When a complex crime is charged and one offense is not proven, the accused can be convicted  A continued crime is not a complex crime as offender does not perform a single act but a series
of the other. of acts. Therefore:
 Plurality of crimes – consists in the successive execution by the same individual of different
criminal acts upon any of w/c no conviction has yet been declared. a) penalty not to be imposed in the maximum
b) no actual provision punishing a continued crime – it’s a principle applied in connection w/ 2 or Example: Juan only wanted to inflict a wound upon Pedro but because he lost control of his right arm,
more crimes committed w/ a single intention. he killed Pedro. Art 49 not applicable.
 Continued crime is different from a transitory crime. Transitory crime is “moving crime”. ART 49 ART 48

Penalty for the more serious crime shall be

Example: kidnapping someone for ransom and moving him to another venue. The offenders can be
prosecuted and tried in either of the 2 areas.
REAL/MATERAIAL PLURALITY
There is a series of acts performed by the
offender
Each act performed constitutes a separate crime
because each act is generated by a criminal
impulse
Lesser penalty to be imposed in its maximum pd imposed in its maximum pd
CONTINUED CRIME Notes:
1. Art. 49 has reference to Art. 4(1). It applies only when there is error in personae.
2. In Art. 49 (Paragraphs 1 and 2) the lower penalty in its maximum period is always imposed.
Same
3. In Par. 3 the penalty for the attempted or frustrated crime shall be imposed in its maximum
Different acts constitute only one crime because period. This rule is not necessary and may well be covered by Art. 48, in view of the fact that the
all of the acts performed arise from one criminal
same act also constitutes an attempt or a frustration of another crime.
resolution.

Art. 50. Penalty to be imposed upon principals of a frustrated

Art. 49. Penalty to be imposed upon the principals when the crime committed is different from crime. — The penalty next lower in degree than that prescribed by law for the consummated
that intended. — In cases in which the felony committed is different from that which the offender felony shall be imposed upon the principal in a frustrated felony.
intended to commit, the following rules shall be observed: Criminal Law Book 1 Articles 51 – 60
1. If the penalty prescribed for the felony committed be higher than that corresponding to
the offense which the accused intended to commit, the penalty corresponding to the latter shall JAN 24
be imposed in its maximum period.
Posted by Magz
2. If the penalty prescribed for the felony committed be lower than that corresponding to
Art. 51. Penalty to be imposed upon principals of attempted crimes. — A penalty lower by two
the one which the accused intended to commit, the penalty for the former shall be imposed in its
degrees than that prescribed by law for the consummated felony shall be imposed upon the
maximum period.
principals in an attempt to commit a felony.
3. The rule established by the next preceding paragraph shall not be applicable if the acts
committed by the guilty person shall also constitute an attempt or frustration of another crime, if
the law prescribes a higher penalty for either of the latter offenses, in which case the penalty
provided for the attempted or the frustrated crime shall be imposed in its maximum period. Art. 52. Penalty to be imposed upon accomplices in consummated
 Art 49 has reference to the provision in the 1st par of Art 4 which provides that criminal liability crime. — The penalty next lower in degree than that prescribed by law for the consummated
shall be incurred “by any person committing a felony although the wrongful act done be different shall be imposed upon the accomplices in the commission of a consummated felony.
from that which he intended”
 Art 49 applicable only in cases when there is a mistake in identity of the victim of the crime and Art. 53. Penalty to be imposed upon accessories to the commission of a consummated felony.
the penalty for the crime committed is different from that for the crime intended to be committed.
— The penalty lower by two degrees than that prescribed by law for the consummated felony
 Art 49 also has no application where a more serious consequence not intended by the offender
shall be imposed upon the accessories to the commission of a consummated felony.
befalls the same person.
Art. 54. Penalty to imposed upon accomplices in a frustrated
Distinctions between Degree and Period
crime. — The penalty next lower in degree than prescribed by law for the frustrated felony shall
be imposed upon the accomplices in the commission of a frustrated felony. Degree Period

Refers to the duration of the penalty consisting of

Art. 55. Penalty to be imposed upon accessories of a frustrated Refers to the penalty imposable for a felony the maximum, medium, and minimum, after
committed considering the stages of execution considering the presence or absence of
crime. — The penalty lower by two degrees than that prescribed by law for the frustrated felony
and the degree of participation of the offender aggravating circumstances
shall be imposed upon the accessories to the commission of a frustrated felony.

May refer to both divisible and indivisible

Art. 56. Penalty to be imposed upon accomplices in an attempted penalties Refers only to divisible penalty.
crime. — The penalty next lower in degree than that prescribed by law for an attempt to commit
a felony shall be imposed upon the accomplices in an attempt to commit the felony.  The rules provided in Arts. 53, 55 and 57 do not apply if the felony is light because accessories
are not liable for the same
 Bases for imposition of the penalty under the RPC
Art. 57. Penalty to be imposed upon accessories of an attempted
1. Stage of the commission of the crime
crime. — The penalty lower by two degrees than that prescribed by law for the attempted felony
2. Participation of the persons liable
shall be imposed upon the accessories to the attempt to commit a felony.
3. Presence of aggravating or mitigating circumstances
Application of Article 50 to 57

Participation Consummated Frustrated Attempted Art. 58. Additional penalty to be imposed upon certain
accessories. — Those accessories falling within the terms of paragraphs 3 of Article 19 of this
Principal Penalty imposed by law 1° less 2° less Code who should act with abuse of their public functions, shall suffer the additional penalty of
absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and
Accomplice 1° less 2° less 3° less that of absolute temporary disqualification if he shall be guilty of a less grave felony.
 Art is limited only to grave and less grave felonies since it is not possible to have accessories
Accessory 2° less 3° less 4° less liable for light felonies. It is further limited to those whose participation in the crime is
characterized by the misuse of public office or authority.
 Notes:
Example: a) A mayor aided in friend, a wanted criminal, in escaping
Art 50-57 not applicable when the law specifically prescribes the penalty for the frustrated and
attempted felony or that to be imposed upon the accomplices and accessories. b) A senator gives protection to his jueteng lord friend

Degree – one whole penalty, one entire penalty or one unit of the penalties enumerated in the
graduated scales provided for in Art 71
Period – one of 3 equal portions, min/med/max of a divisible penalty. A period of a divisible penalty
when prescribed by the Code as a penalty for a felony, is in itself a degree.
 Additional Penalties for Public Officers who are accessories
1. Absolute perpetual disqualification, if the principal offender is guilty of a grave felony.
2. Absolute temporary disqualification if the principal offender is guilty of less grave felony.
Art. 59. Penalty to be imposed in case of failure to commit the crime because the means
employed or the aims sought are impossible. — When the person intending to commit an
offense has already performed the acts for the execution of the same but nevertheless the crime
was not produced by reason of the fact that the act intended was by its nature one of impossible
accomplishment or because the means employed by such person are essentially inadequate to
produce the result desired by him, the court, having in mind the social danger and the degree of
criminality shown by the offender, shall impose upon him the penalty of arresto mayor or a fine
from 200 to 500 pesos.
 Basis for the imposition of proper penalty in impossible crimes: sopcial danger and degree of
criminality shown by the offender.
Example: Juan fired a revolver at Pedro at the distance of 2 kilometers. This shoes stupidity rather than
danger. Juan should not be punished as there is no social danger nor degree of criminality.
But if Juan was a convicted felon, act may be punished.
 Article limited to those cases of grave and less grave felonies.
Art. 60. Exception to the rules established in Articles 50 to 57. — The provisions contained in
Articles 50 to 57, inclusive, of this Code shall not be applicable to cases in which the law
expressly prescribes the penalty provided for a frustrated or attempted felony, or to be imposed
upon accomplices or accessories.
 2 cases wherein the accomplice is punished w/ the same penalty imposed upon the principal
a) ascendants, guardians, curators, teachers and any person who by abuse of authority or
confidential relationship shall cooperate as accomplices in the crimes of rape, acts of lasciviousness,
seduction, corruption of minors, white slave trade or abduction.
b) one who furnished the place for the perpetration of the crime of slight illegal detention.
 Accessory punished as principal: Art 142 – punishes an accessory for knowingly concealed
certain evil practices.
 Cases when instead of a penalty 2 degrees lower, one degree for accessory:
a) knowingly using counterfeited seal or forged signature or stamp of the President
b) illegal possession and use of false treasury or bank note
c) using a falsified document
d) using a falsified dispatch
Criminal Law Book 1 Articles 61 – 70
JAN 24
Posted by Magz
Art. 61. Rules for graduating penalties. — For the purpose of graduating the penalties which,
according to the provisions of Articles 50 to 57, inclusive, of this Code, are to be imposed upon
persons guilty as principals of any frustrated or attempted felony, or as accomplices or
accessories, the following rules shall be observed:
1. When the penalty prescribed for the felony is single and indivisible, the penalty next
lower in degrees shall be that immediately following that indivisible penalty in the respective
graduated scale prescribed in Article 71 of this Code.
2. When the penalty prescribed for the crime is composed of two indivisible penalties, or
of one or more divisible penalties to be impose to their full extent, the penalty next lower in
degree shall be that immediately following the lesser of the penalties prescribed in the
respective graduated scale.
3. When the penalty prescribed for the crime is composed of one or two indivisible
penalties and the maximum period of another divisible penalty, the penalty next lower in degree
shall be composed of the medium and minimum periods of the proper divisible penalty and the
maximum periods of the proper divisible penalty and the maximum period of that immediately
following in said respective graduated scale.
4. when the penalty prescribed for the crime is composed of several periods,
corresponding to different divisible penalties, the penalty next lower in degree shall be
composed of the period immediately following the minimum prescribed and of the two next
following, which shall be taken from the penalty prescribed, if possible; otherwise from the
penalty immediately following in the above mentioned respective graduated scale.
5. When the law prescribes a penalty for a crime in some manner not especially provided
for in the four preceding rules, the courts, proceeding by analogy, shall impose corresponding
penalties upon those guilty as principals of the frustrated felony, or of attempt to commit the
same, and upon accomplices and accessories.
 The rules provided in this Art should also apply in determining the minimum of the Indeterminate
Sentence Law (ISL). It also applies in lowering the penalty by one or two degrees by reason of
 the presence of the privileged mitigating circumstance or when the penalty is divisible and there Ex. one divisible penalty is reclusion temporal. The penalty immediately following RT is prision mayor. 2
are two or more mitigating circumstances. divisible penalties are prision correccional to prision mayor. The penalty immediately preceding the
Graduated Scale in Art 71 lesser of the penalties of prision correccional to prision mayor is arresto mayor.
 Indivisible Penalties:
 Rule No. 3:
a) Death
When the penalty is composed of 2 indivisible penalties and the maximum period of a divisible penalty/
b) Reclusion Perpetua or when composed of one divisible penalty the maximum of one divisible penalty

 Divisible Penalties: Ex. penalty for murder is reclusion temporal to death. The point of reference will be on the proper
divisible penalty which is reclusion temporal. Under the 3rd rule, the penalty next lower to reclusion
a) Reclusion Temporal
temporal is composed of the medium and minimum periods of reclusion temporal and the maximum of
prision mayor.
b) Prision Mayor
 Rule No.4:

c) Prision Correccional
When the penalty is composed of several periods

d) Arresto Mayor
Ex. the “several” periods contemplated in this rule correspond to different divisible penalties. A penalty

e) Destierro of prision mayor in its medium period to reclusion temporal in its minimum period is an example of such.
The penalty immediately following the minimum of the entire sentence, which is prision mayor medium,
f) Arresto Menor is prision mayor in its minimum and the 2 periods next following, which are prision correccional max and
medium.
g) Public Censure
 Rule No.5:
h) Fine
When the penalty has only 2 periods
 Rule No. 1:
Ex. Abduction punishable by prision correccional in its medium and minimum. The next penalty
When the penalty is single and indivisible (ex. RP), the penalty next lower shall be reclusion temporal.
following is formed by 2 periods to be taken from the same penalty if possible or from the periods of the
penalty numerically following the lesser of the penalties prescribed. The penalty next following prision
 Rule No. 2:
correccional in its med and min shall be arresto mayor in its med and max.
a) when the penalty is composed of two indivisible penalties
 Mitigating and Aggravating circumstances are first disregarded in the application of the rules for

Ex. penalty for parricide is reclusion perpetua to death, the next lower penalty is reclusion temporal graduating penalties. It is only after the penalty next lower in degree is already determined that
the mitigating and aggravating circumstances should be considered.
b) when the penalty is composed of one or more divisible penalties to be imposed to their full extent
Art. 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual a) they themselves constitute a crime
delinquency. — Mitigating or aggravating circumstances and habitual delinquency shall be
taken into account for the purpose of diminishing or increasing the penalty in conformity with Ex. by “means of fire” – arson

the following rules:

b) they are included by law in the definition of a crime
1. Aggravating circumstances which in themselves constitute a crime specially
punishable by law or which are included by the law in defining a crime and prescribing the  Par 2: Same rules applies when the aggravating circumstance is inherent in the crime
penalty therefor shall not be taken into account for the purpose of increasing the penalty.  Par 3. Aggravating or mitigating circumstances arising from any of the ff affect only those to
2. The same rule shall apply with respect to any aggravating circumstance inherent in the whom such circumstances are attendant:
crime to such a degree that it must of necessity accompany the commission thereof.
3. Aggravating or mitigating circumstances which arise from the moral attributes of the a) from the moral attributes of the offender

offender, or from his private relations with the offended party, or from any other personal cause,
b) from his private relations w/ the offended party
shall only serve to aggravate or mitigate the liability of the principals, accomplices and
accessories as to whom such circumstances are attendant.
c) from any other personal cause
4. The circumstances which consist in the material execution of the act, or in the means
employed to accomplish it, shall serve to aggravate or mitigate the liability of those persons  Par 4: the circumstances w/c consist of the ff shall serve to aggravate and mitigate the liability
only who had knowledge of them at the time of the execution of the act or their cooperation only of those who had knowledge of them at the time of the commission of the offense
therein.
5. Habitual delinquency shall have the following effects. a) material execution of the act

(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for
b) means employed to accomplish the crime
the last crime of which he be found guilty and to the additional penalty of prision correccional in
its medium and maximum periods;  Par 5: Habitual Delinquent is a person who within the period of 10 years from the date of his
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the (last) release or last conviction of the crimes of:
last crime of which he be found guilty and to the additional penalty of prision mayor in its
minimum and medium periods; and a) serious or less serious physical injuries
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty
b) robbery
provided for the last crime of which he be found guilty and to the additional penalty of prision
mayor in its maximum period to reclusion temporal in its minimum period.
c) estafa
Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon
the offender, in conformity herewith, shall in no case exceed 30 years. d) falsification
For the purpose of this article, a person shall be deemed to be habitual delinquent, is within a
period of ten years from the date of his release or last conviction of the crimes of serious or less is found guilty of any of the said crimes a third time or oftener.
serious physical injuries, robo, hurto estafa or falsification, he is found guilty of any of said
 Ten year period to be computed from the time of last release or conviction
crimes a third time or oftener.
 Par 1: Aggravating circumstances are not to be taken into account when:
  Subsequent crime must be committed after conviction of the former crime. Cases still pending i) a crime committed in the minority of the offender is not counted
are not to be taken into consideration.
HABITUAL DELINQUENCY RECIDIVISM j) imposition of additional penalty is mandatory and constitutional

Crimes to be committed are specified Same title k) modifying circumstances applicable to additional penalty

W/ in 10 years No time fixed by law l) habitual delinquency is not a crime, it is simply a fact or circumstance which if present gives rise
to the imposition of additional penalty
Must be found guilty 3rd time or oftener Second conviction
m) penalty for habitual delinquency is a real penalty that determines jurisdiction

Is not offset by MC, increases penalty to

Additional penalty is imposed maximum n) a habitual delinquent is necessarily a recidivist

 Rulings on Habitual Delinquency:  o) in imposing the additional penalty, recidivism is not aggravating. The additional penalty
must be imposed in its minimum
a) the law on habitual delinquency does not contemplate the exclusion from the computation of prior
p) an offender can be a habitual delinquent w/o being a recidivist
conviction those falling outside the 10 yr pd immediately preceding the crime for w/c the defendant is
being tried
Notes:
 In no case shall be the total penalties imposed upon the offender exceed 30 years
b) ten yr pd is counted not from the date of commission of the subsequent offense but to the date of
 The law does not apply to crimes described in Art. 155
conviction thereof in relation to the date of his last release or last conviction
 The imposition of the additional penalties on habitual delinquents are constitutional, it is simply a
punishment on future crimes on account of the criminal propensities of the accused.
c) when an offender has committed several crimes mentioned in the definition of habitual
 The imposition of such additional penalties are mandatory.
delinquent, without being first convicted of any of them before committing the others, he is not a habitual
 Habitual delinquency applies at any stage of the execution because subjectively, the offender
delinquent
reveals the same degree of depravity or perversity as the one who commits a consummated
crime.
d) convictions on the same day or at about the same time are considered as one only (days,
 Habitual delinquency applies to all participants because it reveals persistence in them of the
weeks..)
inclination to wrongdoing and of the perversity of character that led them to commit the previous
crime.
e) crimes committed on the same date, although convictions on different dates are considered as
 Cases where the attending aggravating or mitigating circumstances are not considered in the
one
imposition of penalties.
 Penalty that is single and indivisible
f) previous convictions are considered every time a new offense is committed
 Felonies through negligence

g) commissions of those crimes need not be consummated  Penalty is a fine

 Penalty is prescribed by a special law
h) habitual delinquency applies to accomplice and accessories as long as in the crimes specified
Art. 63. Rules for the application of indivisible penalties. — In all cases in which the law
prescribes a single indivisible penalty, it shall be applied by the courts regardless of any
mitigating or aggravating circumstances that may have attended the commission of the deed.
In all cases in which the law prescribes a penalty composed of two indivisible penalties, the
following rules shall be observed in the application thereof:
1. When in the commission of the deed there is present only one aggravating
circumstance, the greater penalty shall be applied.
2. When there are neither mitigating nor aggravating circumstances and there is no
aggravating circumstance, the lesser penalty shall be applied.
3. When the commission of the act is attended by some mitigating circumstances and
there is no aggravating circumstance, the lesser penalty shall be applied.
4. When both mitigating and aggravating circumstances attended the commission of the
act, the court shall reasonably allow them to offset one another in consideration of their number
and importance, for the purpose of applying the penalty in accordance with the preceding rules,
according to the result of such compensation.
 Art 63 applies only when the penalty prescribed by the Code is either one indivisible penalty or 2
indivisible penalties
 When the penalty is composed of 2 indivisible penalties, the penalty cannot be lowered by one
degree no matter how many mitigating circumstances are present
 Exception: in cases of privileged mitigating circumstances
 Par.4: the moral value rather than the numerical weight shall be taken into account
 Rules for the application of indivisible penalties
 Penalty is single and indivisible – applied regardless of the presence of aggravating and
mitigating circumstances
 Penalty composed of two indivisible penalties
1. One aggravating circumstance present – higher penalty
2. One mitigating circumstance present – lower penalty
3. Some mitigating circumstances present and no aggravating – lower penalty
4. Mitigating and Aggravating Circumstance are present – basis in number and importance
Art. 64. Rules for the application of penalties which contain three periods. — In cases in which
the penalties prescribed by law contain three periods, whether it be a single divisible penalty or
composed of three different penalties, each one of which forms a period in accordance with the
provisions of Articles 76 and 77, the court shall observe for the application of the penalty the
following rules, according to whether there are or are not mitigating or aggravating
circumstances:
1. When there are neither aggravating nor mitigating circumstances, they shall impose the
penalty prescribed by law in its medium period.
2. When only a mitigating circumstances is present in the commission of the act, they
shall impose the penalty in its minimum period.
3. When an aggravating circumstance is present in the commission of the act, they shall
impose the penalty in its maximum period.
4. When both mitigating and aggravating circumstances are present, the court shall
reasonably offset those of one class against the other according to their relative weight.
5. When there are two or more mitigating circumstances and no aggravating
circumstances are present, the court shall impose the penalty next lower to that prescribed by
law, in the period that it may deem applicable, according to the number and nature of such
circumstances.
6. Whatever may be the number and nature of the aggravating circumstances, the courts
shall not impose a greater penalty than that prescribed by law, in its maximum period.
7. Within the limits of each period, the court shall determine the extent of the penalty
according to the number and nature of the aggravating and mitigating circumstances and the
greater and lesser extent of the evil produced by the crime.
 Art 64 applies when the penalty has 3 periods because they are divisible. If the penalty is
composed of 3 different penalties, each forms a period according to Art 77
 Par 4: the mitigating circumstances must be ordinary, not privileged. The aggravating
circumstances must be generic or specific, not qualifying or inherent.
Example: a qualifying circumstance (treachery) cannot be offset by a generic mitigating circumstance
(voluntary circumstance)
 The court has discretion to impose the penalty within the limits fixed by law
 Art 64 not applicable when the penalty is indivisible or prescribed by special law or a fine
 Rules for the application of divisible penalties
 No aggravating and no mitigating circumstances – medium period
 One mitigating circumstance – minimum period
 One aggravating circumstance – maximum period
 Mitigating and aggravating circumstance o offset each other and according to relative
weight
 2 or more mitigating without any aggravating circumstance – on degree lower
Art. 65. Rule in cases in which the penalty is not composed of three periods. — In cases in ——————————————-
which the penalty prescribed by law is not composed of three periods, the courts shall apply the
rules contained in the foregoing articles, dividing into three equal portions of time included in 10 yrs (maximum of the medium)

the penalty prescribed, and forming one period of each of the three portions.
Therefore, medium period of prision mayor; 8 yrs 1 day to 10 yrs

5) use the maximum of the medium period as the minimum of the maximum pd, add 1 day to

COMPUTATIONS: distinguish it from the medium period. Then add 2 yrs to the minimum of the maximum pd

A. Example: Prision Mayor (6 yrs, 1 day to 12 yrs) (disregarding the 1 day) to get the maximum of the maximum period)

1) subtract the minimum (disregard 1 day) from the maximum

10 yrs (maximum of the medium)

12yrs – 6yrs = 6 yrs

+ 2 yrs (difference)

2) divide the difference by 3

———————————————-

6 yrs / 3 = 2 yrs
12 yrs (maximum of the maximum)

3) use the minimum (6 yrs and 1 day) as the minimum of the minimum period. Then add the 2
Therefore, maximum period of prision mayor; 10 yrs 1 day to 12 yrs
yrs (disregarding the 1 day) to the minimum to get the maximum of the minimum

 Computation above applicable to all others except arresto mayor

6 yrs (minimum of the minimum)

B. Example: Prision Mayor minimum (6 yrs 1 day to 8 yrs) only

+ 2 yrs (difference)

1) Subtract minimum from the maximum

——————————————-

8yrs – 6yrs = 2 yrs

8 yrs (maximum of the minimum).

2) Divide the difference by 3

Therefore, minimum period of prision mayor; 6 yrs 1 day to 8 yrs

2yrs / 3 = 8 months
4) use the maximum of the minimum period as the minimum of the medium period and add 1
day to distinguish from the minimum period. Then add 2 years to the minimum of the medium 3) Use the minimum of the given example as the minimum period. Then to get to get the
(disregarding the 1 day) to get the maximum of the medium period. maximum of the minimum, add the 8 months

8 yrs (minimum of the medium) 6 yrs + 8 months = 6 yrs and 8 months

+ 2 yrs (difference) Therefore, minimum of prision mayor minimum; 6 yrs 1 day to 6 yrs 8 months
4) Use the maximum of the minimum as the minimum of the medium period. Add 1 day to
distinguish it from the maximum of the minimum. Add the 8 months and this becomes the
maximum of the medium
6 yrs 8 months + 8 months = 7 yrs 4 months
Therefore, the medium period of prision mayor minimum; 6 yrs 8 mos 1 day to 7 yrs 4 mos
5) Use the maximum of the medium as the minimum period of the maximum period and add 1
day to distinguish. Add the 8 months to get the maximum of this maximum
7 yrs 4 mos + 8 mos = 8 yrs
Therefore, maximum of prision mayor; 7 yrs 4 mos 1 day to 8 yrs
Art. 66. Imposition of fines. — In imposing fines the courts may fix any amount within the limits
established by law; in fixing the amount in each case attention shall be given, not only to the
mitigating and aggravating circumstances, but more particularly to the wealth or means of the
culprit.
 Court must consider the following in imposing the fine:
a) mitigating and aggravating circumstances
b) the wealth and means of the culprit
 When the minimum of the fine is not fixed, the court shall have the discretion provided it does
not exceed the amount authorized by law
Art. 67. Penalty to be imposed when not all the requisites of exemption of the fourth
circumstance of Article 12 are present.— When all the conditions required in circumstances
Number 4 of Article 12 of this Code to exempt from criminal liability are not present, the penalty
of arresto mayor in its maximum period to prision correccional in its minimum period shall be
imposed upon the culprit if he shall have been guilty of a grave felony, and arresto mayor in its
minimum and medium periods, if of a less grave felony.
 Requisites of Art 12 par 4
a) act causing the injury must be lawful
b) act performed w/ due care
c) injury was caused by mere accident
d) no fault or intention to cause injury
 if these conditions are not all present, then the ff penalties shall be imposed:
a) grave felony – arresto mayor max to prision correccional min
b) less grave felony – arresto mayor min to arresto mayor med
Art. 68. Penalty to be imposed upon a person under eighteen years of age. — When the offender
is a minor under eighteen years and his case is one coming under the provisions of the
paragraphs next to the last of Article 80 of this Code, the following rules shall be observed:
1. Upon a person under fifteen but over nine years of age, who is not exempted from
liability by reason of the court having declared that he acted with discernment, a discretionary
penalty shall be imposed, but always lower by two degrees at least than that prescribed by law
for the crime which he committed.
2. Upon a person over fifteen and under eighteen years of age the penalty next lower than
that prescribed by law shall be imposed, but always in the proper period.
Notes:
 Art. 68 applies to such minor if his 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. 68 provides for 2 privileged mitigating circumstances
If the act is attended by two or more mitigating circumstance and no aggravating circumstance, the
penalty being divisible a minor over 15 but under 18 may still get a penalty two degrees lower.
 under 15 but over 9 and has acted w/ discretion: 2 degrees lower
 under 18 but over 15: 1 degree lower
Art. 69. Penalty to be imposed when the crime committed is not wholly excusable. — A penalty
lower by one or two degrees than that prescribed by law shall be imposed if the deed is not
wholly excusable by reason of the lack of some of the conditions required to justify the same or
to exempt from criminal liability in the several cases mentioned in Article 11 and 12, provided
that the majority of such conditions be present. The courts shall impose the penalty in the  Maximum duration of the convict’s sentence: 3 times the most severe penalty
period which may be deemed proper, in view of the number and nature of the conditions of  Max period shall not exceed 40 years
exemption present or lacking.  Subsidiary imprisonment – this shall be excluded in computing for the maximum duration

 Penalty to be imposed when the crime committed is not wholly excusable

Example: Juan has 10 sentences of 6 months and 1 day each and a fine of 1000. He was not able to
 1 or 2 degrees lower if the majority of the conditions for justification or exemption in the
cases provided in Arts. 11 and 12 are present. pay the fine. Therefore, he must serve subsidiary penalty after 18 months and 3 days in jail.

Art. 70. Successive service of sentence. — When the culprit has to serve two or more penalties, Criminal Law Book 1 Articles 71 – 80
he shall serve them simultaneously if the nature of the penalties will so permit otherwise, the
following rules shall be observed: JAN 24
In the imposition of the penalties, the order of their respective severity shall be followed so that
Posted by Magz
they may be executed successively or as nearly as may be possible, should a pardon have been
Art. 71. Graduated scales. — In the case in which the law prescribed a penalty lower or higher by
granted as to the penalty or penalties first imposed, or should they have been served out.
one or more degrees than another given penalty, the rules prescribed in Article 61 shall be
For the purpose of applying the provisions of the next preceding paragraph the respective
observed in graduating such penalty.
severity of the penalties shall be determined in accordance with the following scale:
The lower or higher penalty shall be taken from the graduated scale in which is comprised the
1. Death,
given penalty.
2. Reclusion perpetua,
The courts, in applying such lower or higher penalty, shall observe the following graduated
3. Reclusion temporal,
scales:
4. Prision mayor,
SCALE NO. 1
5. Prision correccional,
1. Death,
6. Arresto mayor,
2. Reclusion perpetua,
7. Arresto menor,
3. Reclusion temporal,
8. Destierro,
4. Prision mayor,
9. Perpetual absolute disqualification,
5. Prision correccional,
10 Temporal absolute disqualification.
6. Arresto mayor,
11. Suspension from public office, the right to vote and be voted for, the right to follow a
7. Destierro,
profession or calling, and
8. Arresto menor,
12. Public censure.
9. Public censure,
Notwithstanding the provisions of the rule next preceding, the maximum duration of the
10. Fine.
convict’s sentence shall not be more than three-fold the length of time corresponding to the
SCALE NO. 2
most severe of the penalties imposed upon him. No other penalty to which he may be liable shall
1. Perpetual absolute disqualification,
be inflicted after the sum total of those imposed equals the same maximum period.
2. Temporal absolute disqualification
Such maximum period shall in no case exceed forty years.
3. Suspension from public office, the right to vote and be
In applying the provisions of this rule the duration of perpetual penalties ( pena perpetua) shall
voted for, the right to follow a profession or calling,
be computed at thirty years. (As amended).
4. Public censure,
5. Fine.
Art. 72. Preference in the payment of the civil liabilities. — The civil liabilities of a person found
guilty of two or more offenses shall be satisfied by following the chronological order of the
dates of the judgments rendered against him, beginning with the first in order of time.
 the penalties shall be satisfied according to the scale of Art 70
Art. 73. Presumption in regard to the imposition of accessory
penalties. — Whenever the courts shall impose a penalty which, by provision of law, carries with
it other penalties, according to the provisions of Articles 40, 41, 42, 43 and 44 of this Code, it
must be understood that the accessory penalties are also imposed upon the convict.
 subsidiary penalties are deemed imposed. However, the subsidiary imprisonment must be
expressly stated in the decision.
Art. 74. Penalty higher than reclusion perpetua in certain cases. — In cases in which the law
prescribes a penalty higher than another given penalty, without specially designating the name
of the former, if such higher penalty should be that of death, the same penalty and the
accessory penalties of Article 40, shall be considered as the next higher penalty.
 if the decision or law says higher than RP or 2 degrees than RT, then the penalty imposed is RP
or RT as the case may be. Death must be designated by name. However, for the other
penalties, this does not apply.
Example: the penalty for crime X is 2 degrees lower than RP. The penalty imposed is prision mayor.
Art. 75. Increasing or reducing the penalty of fine by one or more degrees. — Whenever it may
be necessary to increase or reduce the penalty of fine by one or more degrees, it shall be
increased or reduced, respectively, for each degree, by one-fourth of the maximum amount
prescribed by law, without however, changing the minimum.
The same rules shall be observed with regard of fines that do not consist of a fixed amount, but
are made proportional.
 To get the lower degree:
 Max: reduce by one-fourth
 Min: the same
Art. 76. Legal period of duration of divisible penalties. — The legal period of duration of divisible
penalties shall be considered as divided into three parts, forming three periods, the minimum,
the medium, and the maximum in the manner shown in the following table:
Art. 77. When the penalty is a complex one composed of three distinct penalties. — In cases in
which the law prescribes a penalty composed of three distinct penalties, each one shall form a
period; the lightest of them shall be the minimum the next the medium, and the most severe the
maximum period.
Whenever the penalty prescribed does not have one of the forms specially provided for in this
Code, the periods shall be distributed, applying by analogy the prescribed rules.
 if there are 3 distinct penalties; there shall be a minimum, a medium and a maximum
Example: Reclusion temporal max to death
Art. 78. When and how a penalty is to be executed. — No penalty shall be executed
except by virtue of a final judgment.
A penalty shall not be executed in any other form than that prescribed by law, nor with any other
circumstances or incidents than those expressly authorized thereby.
In addition to the provisions of the law, the special regulations prescribed for the government of
the institutions in which the penalties are to be suffered shall be observed with regard to the
character of the work to be performed, the time of its performance, and other incidents
connected therewith, the relations of the convicts among themselves and other persons, the
relief which they may receive, and their diet.
The regulations shall make provision for the separation of the sexes in different institutions, or
at least into different departments and also for the correction and reform of the convicts.
 Only penalty by final judgment can be executed. Judgment is final if the accused has not
appealed within 15 days or he has expressly waived in writing that he will not appeal.
 There could be no subsidiary liability if it was not expressly ordered in the judgment

Art. 79. Suspension of the execution and service of the penalties in case of insanity. —
When a convict shall become insane or an imbecile after final sentence has been pronounced,
the execution of said sentence shall be suspended only with regard to the personal penalty, the
provisions of the second paragraph of circumstance number 1 of article 12 being observed in
the corresponding cases.
If at any time the convict shall recover his reason, his sentence shall be executed, unless the
penalty shall have prescribed in accordance with the provisions of this Code.
The respective provisions of this section shall also be observed if the insanity or imbecility
occurs while the convict is serving his sentence
 Cases of insanity:
a) after final sentence, suspend the sentence regarding the personal penalties
b) if he recovers, the sentence is executed unless it has prescribed
c) the payment of civil of pecuniary liabilities shall not be suspended
g) the parent or guardian of the child is liable when he aids, abets or connives w/ the commission of
the crime or does an act producing, promoting or contributing to the child’s being a juvenile delinquent.
h) The penalties for the parent or guardian: Fine not exceeding 500 and/or imprisonment not
exceeding 2 years
Criminal Law Book 1 Articles 81 – 90
JAN 24
Posted by Magz
Art. 81. When and how the death penalty is to be executed. — The death sentence shall
be executed with reference to any other and shall consist in putting the person under sentence
to death by electrocution. The death sentence shall be executed under the authority of the
Director of Prisons, endeavoring so far as possible to mitigate the sufferings of the person
under sentence during electrocution as well as during the proceedings prior to the execution.
If the person under sentence so desires, he shall be anaesthetized at the moment of the
electrocution.

 Art 80 (as amended by PD 603: Child and Youth Welfare Code) Art. 82. Notification and execution of the sentence and assistance to the culprit. — The
court shall designate a working day for the execution but not the hour thereof; and such
a) youthful offender – over 9 but under 18 at time of the commission of the offense designation shall not be communicated to the offender before sunrise of said day, and the
execution shall not take place until after the expiration of at least eight hours following the
b) a youthful offender held for examination or trial who cannot furnish bail will be committed to the notification, but before sunset. During the interval between the notification and the execution,
DSWD/local rehab center or detention home the culprit shall, in so far as possible, be furnished such assistance as he may request in order
to be attended in his last moments by priests or ministers of the religion he professes and to
c) judgment of the court shall not be pronounced but suspended except for the ff cases:
consult lawyers, as well as in order to make a will and confer with members of his family or

1. those who previously enjoyed a suspension of sentence persons in charge of the management of his business, of the administration of his property, or

2. those convicted of death or life imprisonment of the care of his descendants.

3. those convicted for an offense by the military tribunals  Designate a working day w/c shall not be communicated to the offender before the sunrise of
said day. The execution shall not take place until after the expiration of at least 8 hrs following
d) the DSWD may dismiss the case if the youth behaves properly such notification.
 He can execute a will.
e) the records of the proceeding shall be privileged and shall not be disclosed

f) the civil liability of the youthful offender may be voluntary assumed by a relative or a friend
Art. 83. Suspension of the execution of the death sentence. — The death sentence
shall not be inflicted upon a woman within the three years next following the date of the Art. 87. Destierro. — Any person sentenced to destierro shall not be permitted to enter
sentence or while she is pregnant, nor upon any person over seventy years of age. In this last the place or places designated in the sentence, nor within the radius therein specified, which
case, the death sentence shall be commuted to the penalty of reclusion perpetua with the shall be not more than 250 and not less than 25 kilometers from the place designated.
accessory penalties provided in Article 40.  Destierro shall be imposed in the ff cases:
 Death sentence commuted to RP:
a) death or serious physical injuries is caused or are inflicted under exceptional circumstance
a) woman, within 3 years, following the date of sentence
b) person fails to give bond for god behavior
b) woman, while pregnant
c) concubine’s penalty for the crime of concubinage
c) person over 70 years old.
d) lowering the penalty by degrees

 Execution of Distierro
Art. 84. Place of execution and persons who may witness the same. — The execution
a) Convict shall not be permitted to enter the place designated in the sentence nor within the radius
shall take place in the penitentiary of Bilibid in a space closed to the public view and shall be
specified, which shall not be more than 250 and not less than 25 km from the place designated.
witnessed only by the priests assisting the offender and by his lawyers, and by his relatives, not
exceeding six, if he so request, by the physician and the necessary personnel of the penal
b) If the convict enters the prohibited area, he commits evasion of sentence
establishment, and by such persons as the Director of Prisons may authorize.

Art. 85. Provisions relative to the corpse of the person executed and its burial. —
Unless claimed by his family, the corpse of the culprit shall, upon the completion of the legal
proceedings subsequent to the execution, be turned over to the institute of learning or scientific
research first applying for it, for the purpose of study and investigation, provided that such
institute shall take charge of the decent burial of the remains. Otherwise, the Director of Prisons
shall order the burial of the body of the culprit at government expense, granting permission to
be present thereat to the members of the family of the culprit and the friends of the latter. In no
Art. 88. Arresto menor. — The penalty of arresto menor shall be served in the
municipal jail, or in the house of the defendant himself under the surveillance of an officer of the
law, when the court so provides in its decision, taking into consideration the health of the
offender and other reasons which may seem satisfactory to it.
 Served where:
 In the municipal jail

case shall the burial of the body of a person sentenced to death be held with pomp.  In the house of the offender, but under the surveillance of an officer of the law whenever the
court so provides in the decision due to the health of the offender. But the reason is not
satisfactory just because the offender is a respectable member of the community
Art. 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional
and arresto mayor. — The penalties of reclusion perpetua, reclusion temporal, prision mayor,
Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally
prision correccional and arresto mayor, shall be executed and served in the places and penal
extinguished:
establishments provided by the Administrative Code in force or which may be provided by law
in the future.
(1) By the death of the convict, as to the personal penalties and as to pecuniary penalties,  Prescription of a crime – is the loss/forfeiture of the right of the state to prosecute the offender
liability therefor is extinguished only when the death of the offender occurs before final after the lapse of a certain time.
judgment. (5) By prescription of the penalty
 Extinguishment of criminal liability is a ground of motion to quash  means the loss/forfeiture of the right of government to execute the final sentence after the lapse
 Criminal liability whether before or after final judgment is extinguished upon death because it is of a certain time. Conditions: there must be final judgement and the period has elapsed.
a personal penalty (6) By the marriage of the offended woman, as provided in Art 344 of this Code
 Pecuniary penalty is extinguished only when death occurs before final judgement.
 The death of the offended party however does not extinguish criminal liability of the accused
because it is a crime against the state.
Art. 90. Prescription of crime. — Crimes punishable by death, reclusion perpetua or
(2) By service of the sentence
 Crime is a debt, hence extinguished upon payment reclusion temporal shall prescribe in twenty years.

 Service does not extinguish civil liability Crimes punishable by other afflictive penalties shall prescribe in fifteen years.

 Amnesty – is an act of the sovereign power granting oblivion or general pardon. It wipes all Those punishable by a correctional penalty shall prescribe in ten years; with the exception of
traces and vestiges of the crime but does not extinguish civil liability. those punishable by arresto mayor, which shall prescribe in five years.
(3) By absolute pardon The crime of libel or other similar offenses shall prescribe in one year.
 Pardon – an act of grace proceeding from the power entrusted w/ the execution of laws, which The crime of oral defamation and slander by deed shall prescribe in six months.
exempts the individual from the punishment the law inflicts for the crime. Light offenses prescribe in two months.
AMNESTY PARDON When the penalty fixed by law is a compound one, the highest penalty shall be made the basis
of the application of the rules contained in the first, second and third paragraphs of this article.
Extended to classes of persons who may be (As amended by RA 4661, approved June 19, 1966.)
guilty of political offenses Exercised individually by the president
 In computing for the period, the first day is excluded and the last day included. Subject to leap
years
Exercised even before trial or investigation Exercised when one is convicted
 When the last day of the prescriptive period falls on a Sunday or a legal holiday, the info can no
longer be filed the ff day
Looks forward and relieves the offender of the
Looks backward and abolishes the offense itself consequences  Simple slander prescribes in 2 months and grave slander in 6 months
 Since destierro is a correctional penalty, it prescribes in 10 years. Afflictive penalties, 15 years.
Does not extinguish civil liability Same  If compound penalty, basis will be the highest penalty
 If fine is an alternative penalty (imposed together w/ a penalty lower than the fine), fine shall be
A public act that needs the declaration of the the basis
president with the concurrence of Congress A private act of the president  Prescription begins to run from the discovery thereof. Interrupted when proceedings are
instituted and shall begin to run again when the proceedings are dismissed.
Courts should take judicial notice Must be pleaded and proved  If an accused fails to move to quash before pleading, he is deemed to have waived all
objections.
(4) By prescription of the crime  Prescription does not take away the court’s jurisdiction but only absolves the defendant and
 When the crime prescribes, the state loses the right to prosecute acquits him.
Criminal Law Book 1 Articles 91 – 100
  “when such proceedings terminate” – termination that is final; an unappealed conviction or
JAN 24
acquittal
Posted by Magz  “unjustifiably stopped for any reason” – example: accused evades arrest, proceedings must be

Art. 91. Computation of prescription of offenses. — The period of prescription shall stopped
 Art 91 applies to a special law when said law does not provide for the application but only
commence to run from the day on which the crime is discovered by the offended party, the
provides for the period of prescription
authorities, or their agents, and shall be interrupted by the filing of the complaint or information,
and shall commence to run again when such proceedings terminate without the accused being
convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him.
The term of prescription shall not run when the offender is absent from the Philippine Art. 92. When and how penalties prescribe. — The penalties imposed by final sentence
Archipelago. prescribe as follows:
 If there is nothing concealed (appears in a public document), the crime commences to run on 1. Death and reclusion perpetua, in twenty years;
the date of the commission 2. Other afflictive penalties, in fifteen years;
 Period of prescription for crimes that is continuing never runs
3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor,
 Crime needs to be discovered by:
which prescribes in five years;
4. Light penalties, in one year.
a) offended party
 Note that final sentence must be imposed

b) authorities  If a convict can avail of mitigating circumstances and the penalty is lowered, it is still the original
penalty that is used as the basis for prescription. However, if the convict already serves a
c) their agents portion of his sentence and escapes after, the penalty that was imposed (not the original) shall
be the basis for prescription
 If a person witnesses the crime but only tells the authorities 25 years later, prescription  Fines less than 200 fall under light penalty. Those above are correccional.
commences on the day the authorities were told.
 What interrupts prescription?

a) preliminary examination or investigation w/c is similar to judicial proceeding Art. 93. Computation of the prescription of penalties. — The period of prescription of
penalties shall commence to run from the date when the culprit should evade the service of his
b) filing the proper complaint w/ the fiscal’s office and the prosecutor. Police not included. sentence, and it shall be interrupted if the defendant should give himself up, be captured,
should go to some foreign country with which this Government has no extradition treaty, or
c) Filing complaint with the court that has proper jurisdiction
should commit another crime before the expiration of the period of prescription.
 Elements:
 When the period commences to run again

a) penalty is final
a) When the proceeding is terminated without the accused being convicted or acquitted

b) convict evaded the sentence

b) When the proceeding is unjustifiably stopped for a reason not imputable to the offender
c) convict has not given himself up  Commutation allowed when:

d) penalty has prescribed because of lapse of time from the date of the evasion of the service of the a) person over 70 yrs old
sentence
b) 10 justices fail to reach a decision affirming the death penalty
 Interruption of the period
 If the defendant surrenders  Consent not necessary in commutation

 If he is captured  Prisoner is also allowed special time allowance for loyalty w/c is 1/5 deduction of the period of

 If he should go into a foreign country with which the Philippines has no extradition treaty his sentence.

 If he should commit another crime before the expiration of the period of prescription Parole – consists in the suspension of the sentence of a convict after serving the minimum term of the
 Acceptance of a conditional pardon(People v. Puntilos) indeterminate penalty, without granting pardon, prescribing the terms upon which the sentence shall be
 If a government has an extradition treaty w/ the country to w/c a convict escaped and the crime suspended. In case his parole conditions are not observed, a convict may be returned to the custody
is not included in the treaty, the running of the prescription is interrupted and continue to serve his sentence without deducting the time that elapsed.
 Sentence evasion clearly starts the running of the prescription. It does not interrupt it. CONDITIONAL PARDON PAROLE
Acceptance of the conditional pardon interrupts the prescriptive period.
 Rolito Go case: since he was captured, he is only supposed to serve the remainder of his Given after final judgement Given after service of the minimum penalty
sentence. Reason: during the period he escaped, his existence is one of fear and discomfort
Granted by Chief Executive Given by the Bd of Pardons and Parole

For violation, convict may not be prosecuted For violations, may be rearrested, convict serves
Art. 94. Partial Extinction of criminal liability. — Criminal liability is extinguished under 159 remaining sentence
partially:
1. By conditional pardon;
· Good conduct allowance during confinement
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while he is serving his
Deduction for the term of sentence for good behavior
sentence.
Conditional pardon – contract between the sovereign power of the executive and the convict Art. 95. Obligation incurred by person granted conditional
 Convict shall not violate any of the penal laws of the Philippines pardon. — Any person who has been granted conditional pardon shall incur the obligation of
 Violation of conditions: complying strictly with the conditions imposed therein otherwise, his non-compliance with any
 Offender is re-arrested and re-incarcerated of the conditions specified shall result in the revocation of the pardon and the provisions of
 Prosecution under Art. 159
Article 159 shall be applied to him.
Commutation – change in the decision of the court by the chief regarding the  Condition of pardon is limited to unserved portion of the sentence, unless an intention to extend
it beyond the time is manifest
(1) degree of the penalty;

(2) by decreasing the length of the imprisonment or fine

Art. 96. Effect of commutation of sentence. — The commutation of the original
sentence for another of a different length and nature shall have the legal effect of substituting
the latter in the place of the former.
Art. 97. Allowance for good conduct. — The good conduct of any prisoner in any penal
within 48 hours following the issuance of a proclamation announcing the passing away of the
calamity or catastrophe to in said article.
 Special time allowance for loyalty of prisoners:
 The article applies only to prisoners who escaped
 deduction of 1/5 of the period of sentence of prisoner who having evaded the service of

institution shall entitle him to the following deductions from the period of his sentence:
1. During the first two years of his imprisonment, he shall be allowed a deduction of five
days for each month of good behavior;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a
deduction of eight days for each month of good behavior;
3. During the following years until the tenth year, inclusive, of his imprisonment, he shall
be allowed a deduction of ten days for each month of good behavior; and
4. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction of fifteen days for each month of good behavior.
 Allowance for good conduct not applicable when prisoner released under conditional pardon.
 Good conduct time allowance is given in consideration of good conduct of prisoner while he is
serving sentence.
his sentence during the calamity or catastrophe mentioned in Art 158, gives himself up to
the authorities w/in 48 hrs ff the issuance of the proclamation by the President
announcing the passing away of the calamity or catastrophe
 deduction based on the original sentence and not on the unexpired portion
 Art 158 provides for increased penalties:
– a convict who has evaded the service of his sentence by leaving the penal institution on the occasion
of disorder resulting from conflagration, earthquake or similar catastrophe or during mutiny in which he
did not participate is liable to an increased penalty (1/5 of the time still remaining to be served – not to
exceed 6 months), if he fails to give himself up to the authorities w/in 48 hrs ff the issuance of a
proclamation by the President announcing the passing away of the calamity.

Allowances for Good conduct per year

Art. 99. Who grants time allowances. — Whenever lawfully justified, the Director of
Years Allowance Prisons shall grant allowances for good conduct. Such allowances once granted shall not be
revoked.
First 2 years 5 days per month of good behavior

a) authority to grant time allowance for good conduct is exclusively vested in the Dir (e.g. provincial
3rd to 5th years 8 days per month of good behavior
warden cannot usurp Director’s authority)

Following years up to 10th year 10 days per month of good behavior

b) it is not an automatic right and once granted, cannot be revoked by him

11th year and successive years 15 days per month of good behavior
CIVIL LIABILITY
2 classes:
a) social injury – produced by disturbance and alarm w/c are the outcome of the offense
b) personal injury – caused by the victim who may have suffered damage, either to his person,
Art. 98. Special time allowance for loyalty. — A deduction of one-fifth of the period of property, honor or chastity
his sentence shall be granted to any prisoner who, having evaded the service of his sentence
under the circumstances mentioned in article 58 of this Code, gives himself up to the authorities Art. 100. Civil liability of a person guilty of felony. — Every person criminally liable for a
felony is also civilly liable.
Basis:
obligation to repair or to make whole the damage caused to another by reason of an act or omission,
whether done intentionally or negligently and whether or not punishable by law
Dual character of the crime as against:
a) the state because of the disturbance of peace and order
b) the private person injured unless it involves the crime of treason, rebellion, espionage, contempt
and others where no civil liability arises on the part of the offender either because there are no damages
or there is no private person injured by the crime
Damage that may be recovered in criminal cases:
 Crimes against persons, like crime of physical injuries – whatever he spent for treatment of
wounds, doctor’s fees, medicines as well as salary or wages unearned
 Moral Damages: seduction, abduction, rape or other lascivious acts, adultery or concubinage,
illegal or arbitrary detention or arrest, illegal search, libel, slander or any other form of
defamation, malicious prosecution
 Exemplary Damages: imposed when crime was committed with one or more aggravating
circumstances
a) If there is no damage caused by the commission of the crime, offender is not civilly liable
b) Dismissal of the info or the crime 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 does not
carry with it the extinction of the civil one.
c) When accused is acquitted on ground that his guilt has not been proven beyond reasonable
doubt, a civil action for damages for the same act or omission may be instituted
d) Exemption from criminal liability in favor of an imbecile or insane person, and a person under 9
yrs, or over 9 but under 15 who acted w/ discernment and those acting under the impulse of irresistible
force or under the impulse of an uncontrolable fear of an equal or greater injury does not include
exemption from civil liability.
e) Acquittal in the crim action for negligence does not preclude the offended party from filing a civil
action to recover damages, based on the theory that the act is quasi-delict
f) When the court found the accused guilty of crim negligence but failed to enter judgement of civil
liability, the private prosecutor has a right to appeal for the purposes of the civil liability of the accused.
The appellate court may remand the case to the trial court for the latter to include in its judgement the
civil liability of the accused
g) Before expiration of the 15-day of for appealing, the trial court can amend the judgement of
conviction by adding a provision for the civil liability of the accused, even if the convict has started
serving the sentence.
h) An independent civil action may be brought by the injured party during the pendency of the
criminal case provided the right is reserved. Reservation is necessary in the ff cases:
1. any of the cases referred to in Art 32 (perpetual or temporary disqualification for exercise of the
right of suffrage)
2. defamation, fraud and physical injury (bodily injury and not the crime of physical injury)
3. civil action is against a member of a city or municipal police force for refusing or failing to render
aid or protection to any person in case of danger to life or property
4. in an action for damage arising from fault or negligence and there is no pre-existing contractual
relation between the parties (quasi-delict)
i) Prejudicial Question – one w/c arises in a case, the resolution of which is a logical antecedent of
the issue involved in said case and the cognizance of which pertains to another tribunal.
 For the principle to apply, it is essential that there be 2 cases involved, a civil and a criminal
case. Prejudicial questions may be decided before any criminal prosecution may be instituted or
may proceed.
 An independent civil action may be brought by the injured party during the pendency of the
criminal case, provided that the right is reserved
 Extinction of the penal action does not carry with it the extinction of the civil, unless the
extinction proceeds from a declaration in a final judgement that the fact from which the civil
might arise did not exist
Criminal Law Book 1 Articles 100 – 113
 Who are civilly liable for:
JAN 24

Posted by Magz a. acts of insane or minor exempt from criminal liability

Art. 101. Rules regarding civil liability in certain cases. — The exemption from criminal
1. primarily devolve upon perosns having legal authority or control over him, if at fault or negligent
liability established in subdivisions 1, 2, 3, 5 and 6 of article 12 and in subdivision 4 of article 11
(except if proven that they acted w/o fault or w/ due diligence)
of this Code does not include exemption from civil liability, which shall be enforced subject to
2. if no fault or negligence, or even w/ fault but is insolvent and there are no persons having legal
the following rules: authority over them, the property of the insane, minor or imbecile not exempt from execution
First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts committed by an shall be held liable.
imbecile or insane person, and by a person under nine years of age, or by one over nine but 3. over 15 but under 18 w. discernment
under fifteen years of age, who has acted without discernment, shall devolve upon those having
such person under their legal authority or control, unless it appears that there was no fault or 1. civil code says parent (dad then mom)_
negligence on their part.
2. guardians
Should there be no person having such insane, imbecile or minor under his authority, legal
guardianship or control, or if such person be insolvent, said insane, imbecile, or minor shall
3. minors own property where a guardian ad litem shall be appointed
respond with their own property, excepting property exempt from execution, in accordance with
the civil law. *final release of a child based on good conduct does not remove his civil liability for damages.
Second. In cases falling within subdivision 4 of Article 11, the persons for whose benefit the
harm has been prevented shall be civilly liable in proportion to the benefit which they may have 1. persons acting under an irresistible force or uncontrollable fear

received. 1. persons using violence or causing the fear are primarily liable

The courts shall determine, in sound discretion, the proportionate amount for which each one
shall be liable.
When the respective shares cannot be equitably determined, even approximately, or when the
liability also attaches to the Government, or to the majority of the inhabitants of the town, and, in
all events, whenever the damages have been caused with the consent of the authorities or their
agents, indemnification shall be made in the manner prescribed by special laws or regulations.
Third. In cases falling within subdivisions 5 and 6 of Article 12, the persons using violence or
causing the fears shall be primarily liable and secondarily, or, if there be no such persons, those
doing the act shall be liable, saving always to the latter that part of their property exempt from
execution.
General Rule: exemption from criminal liability does not include exemption from civil liability
Exception: no civil liability in par 4 and 7of art 12. Par 1,2,3,5 and 6 are NOT exempt from civil liability
although exempt from criminal liability
2. if there are none, those doing the act
1. no civil liability in justifying circumstances EXCEPT: par 4 of Art 11, the one benefited by the act
is civilly liable.
1. civil liability in case of state of necessity
Those who benefited by the act and court shall determine the proportionate amount for which each shall
be liable. If the government or majority of the inhabitants are liable, such will be determined by special
laws or regulations.
Art. 102. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of
establishments. — In default of the persons criminally liable, innkeepers, tavernkeepers, and
any other persons or corporations shall be civilly liable for crimes committed in their
establishments, in all cases where a violation of municipal ordinances or some general or
special police regulation shall have been committed by them or their employees.
Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft Industry – any department or branch of art, occupation or business; especially one w/c employs so
within their houses from guests lodging therein, or for the payment of the value thereof, much labor and capital is a distinct branch of trade
provided that such guests shall have notified in advance the innkeeper himself, or the person
1. any of their servants, pupils, workmen, apprentices of employees commits a felony while in the
representing him, of the deposit of such goods within the inn; and shall furthermore have
discharge of his duties
followed the directions which such innkeeper or his representative may have given them with
2. the said employee is insolvent and has not satisfied his civil liability
respect to the care and vigilance over such goods. No liability shall attach in case of robbery
 Hospitals are not engaged in industry; hence nit subsidiarily liable for acts of nurses
with violence against or intimidation of persons unless committed by the innkeeper’s
 Private persons w/o business or industry, not subsidiarilly liable
employees.
Elements of Par 1:
Art. 104. What is included in civil liability. — The civil liability established in Articles 100,
1. That the innkeeper of the establishment or his employee committed a violation of municipal
101, 102, and 103 of this Code includes:
ordinance or some general or special police regulation
1. Restitution;
2. A crime is committed in such establishment
2. Reparation of the damage caused;
3. Person criminally liable is insolvent
 when all these are present, the innkeeper and the like are subsidiarily liable 3. Indemnification for consequential damages.

Elements of Par 2:
 First remedy granted by law is no. 1, in case this is not possible no. 2.

1. guests notified in advance the innkeeper of the deposit of such goods w/in the inn
 In either case, no. 3 may be required

2. guests followed the directions of the innkeeper w/ respect to the care and vigilance over the
 Restitution – in theft, the culprit is duty bound to return the property stolen

such goods
 Reparation – in case of inability to return the property stolen, the culprit must pay the value of
the property stolen.
3. such goods of the guest lodging therein were taken by robbery w/ force upon things or theft  In case of physical injuries, the reparation of the damage cause would consist in the payment of
hospital bills and doctor’s fees to the offended party
 When all these are present, the innkeeper is subsidiarily liable  Indemnification – the lost of salary or earnings
 No civil liability in case of robbery w/ violence against or intimidation of person, unless
CIVIL LIABILITIES PECUNIARY LIABILITIES
committed by the innkeeper’s employees
 Actual deposit of the things of the guest to the innkeeper is not necessary, it is enough that they Includes reparation and indemnification Same

were within the inn.

Includes restitution (return property taken), No restitution as the liabilities are to paid out of
Art. 103. Subsidiary civil liability of other persons. — The subsidiary liability established
nothing to pay in terms of money the property of the offender
in the next
preceding article shall also apply to employers, teachers, persons, and corporations engaged in No fines and costs of proceedings Includes fines and costs of proceedings
any kind of industry for felonies committed by their servants, pupils, workmen, apprentices, or
employees in the discharge of their duties.
Elements
1. employer, teacher, person or corporation is engaged in any kind of industry
Art. 105. Restitution. — How made. — The restitution of the thing itself must be made
whenever possible, with allowance for any deterioration, or diminution of value as determined
by the court.
The thing itself shall be restored, even though it be found in the possession of a third person  Reparation will be ordered by the court if restitution is not possible
who has acquired it by lawful means, saving to the latter his action against the proper person,  Reparation shall be
who may be liable to him.
a) the price of the thing
This provision is not applicable in cases in which the thing has been acquired by the third
person in the manner and under the requirements which, by law, bar an action for its recovery.
b) its sentimental value
 The convict cannot by way of restitution, give to the offended party a similar thing of the same
amount, kind or species and quality. The very thing should be returned.  If there is no evidence as to the value of the thing unrecovered, reparation cannot be made
 If the property stolen while in the possession of the third party suffers deterioration due to his  Payment by the insurance company does not relive the offender of his obligation to repair the
fault, the court will assess the amount of the deterioration and, in addition to the return of the damage caused
property, the culprit will be ordered to pay such amount  The damages shall be limited to those caused by the crime
 General Rule: the owner of the property illegally taken by the offender can recover it from  Accused is liable for the damages caused as a result of the destruction of the property after the
whomsoever is in possession thereof. Thus, even if the property stolen was acquired by a crime was committed either because it was lost or destroyed by the accused himself or that of
3rdperson by purchase w/o knowing that it has been stolen, such property will be returned to the any other person or as a result of any other cause or causes
owner.
 If the thing is acquired by a person knowing that it was stolen, then he is an accessory and
Art. 107. Indemnification — What is included. — Indemnification for consequential
therefore criminally liable
damages shall include not only those caused the injured party, but also those suffered by his
 The third party who acquired the stolen property may be reimbursed w/ the price paid therefor if
family or by a third person by reason of the crime.
it be acquired at (a) a public sale and (b) in good faith
 Indemnity refers to crimes against persons; reparation to crimes against property
 Circumstances which bar an action for recovery:
 Indemnity for medical services still unpaid may be recovered
1. Torrens title
 Contributory negligence on the part of the offended party reduces the civil liability of the offender
2. When sale is authorized
 The civil liability may be increased only if it will not required an aggravation of the decision in the
 When the liability to return a thing arises from a contract, not from a criminal act, the court
criminal case on w/c it is based
cannot order its return in the criminal case.
 The amount of damages for death shall be at least 50,000, even though there may have been
 Restitution may be ordered, even if accused is acquitted, provided the offense is proved and it is
mitigating circumstances.
shown that the thing belongs to someone else
 In addition:
 When crime is not against property, no restitution or reparation of the thing can be done
1. payment for the loss of the earning capacity of the deceased
 Payment of salary of an employee during the period of suspension cannot, as a general rule, be
2. if the deceased was obliged to give support, the recipient who is not an heir, may demand
properly decreed by the court in a judgement of acquittal. It devolves upon the head of the
support from the defendant
department concerned
3. the spouse, illegitimate and illegitimate descendants and ascendants of the deceased may
 The court has authority to order the reinstatement of the accused acquitted of a crime
demand for moral damages.
punishable by the penalty of perpetual or temporary disqualification
 Moral damages may be recovered in the ff:
1. physical injuries
Art. 106. Reparation. — How made. — The court shall determine the amount of damage,
2. seduction, abduction, rape
taking into consideration the price of the thing, whenever possible, and its special sentimental
3. adultery, concubinage
value to the injured party, and reparation shall be made accordingly. 4. illegal or arbitrary detention
Notes:
 5. illegal search Whenever the liability in solidum or the subsidiary liability has been enforced, the person by
6. libel, slander, defamation whom payment has been made shall have a right of action against the others for the amount of
7. malicious prosecution their respective shares.
 Exemplary damages may be imposed when the crime was committed with one or more  Example: an indemnity of 100,000 has been sentenced, 50,000 will go to the principal and
aggravating circumstances; cannot be recovered as a matter of right, the court will decide 20,000 to the accomplice
whether they should be adjudicated.  Subsidiary liability will be enforced on:
1. first, against the property of the principal
Art. 108. Obligation to make restoration, reparation for damages, or indemnification for 2. second, against that of the accomplice
consequential damages and actions to demand the same — Upon whom it devolves. — The 3. third, against that of the accessories
obligation to make restoration or reparation for damages and indemnification for consequential
damages devolves upon the heirs of the person liable.
The action to demand restoration, reparation, and indemnification likewise descends to the heirs
Art. 111. Obligation to make restitution in certain cases. — Any person who has
of the person injured.
participated gratuitously in the proceeds of a felony shall be bound to make restitution in an
 The heirs of the person liable has no obligation if restoration is not possible and the deceased
amount equivalent to the extent of such participation.
left no property
 Civil liability is possible only when the offender dies after final judgement. Notes:

 If the death of the offender took place before any final judgement of conviction was rendered 1. This refers to a person who has participated gratuitously in the commission of a felony and he is

against him, the action for restitution must necessarily be dismissed.
2.
Art. 109. Share of each person civilly liable. — If there are two or more persons civilly
liable for a felony, the courts shall determine the amount for which each must respond.
bound to make restitution in an amount equivalent to the extent of such participation
The third person must be innocent of the commission of the crime otherwise he would be liable
as an accessory and this article will apply

In case of insolvency of the accomplices, the principal shall be subsidiarily liable for their share of the
Art. 112. Extinction of civil liability. — Civil liability established in Articles 100, 101, 102,
indemnity and in case of the insolvency of the principal, the accomplices shall be subsidiarily liable,
and 103 of this Code shall be extinguished in the same manner as obligations, in accordance
jointly and severally liable, for the indemnity due from said principal
with the provisions of the Civil Law.
 Civil liability is extinguished by:
1. payment or performance
Art. 110. Several and subsidiary liability of principals, accomplices and accessories of a
2. loss of the thing due
felony — Preference in payment. — Notwithstanding the provisions of the next preceding article,
3. condonation or remission of the debt
the principals, accomplices, and accessories, each within their respective class, shall be liable 4. confusion or merger of the rights of creditor and debtor
severally (in solidum) among themselves for their quotas, and subsidiaries for those of the other 5. compensation
persons liable. 6. novation
The subsidiary liability shall be enforced, first against the property of the principals; next,  Other causes of extinguishment of obligations such as annulment, rescission, fulfillment of a
against that of the accomplices, and, lastly, against that of the accessories. resolutory condition and prescription are governed elsewhere in this code
 Civil liability may arise from
 1. Crime – RPC
2. Breach of contract – CC
3. Tortious act – CC
 The civil liability from any of these is extinguished by the same causes enumerated above
 The accused shall still be liable for the payment of the thing stolen even if it is lost or destroyed

Art. 113. Obligation to satisfy civil liability. — Except in case of extinction of his civil
liability as provided in the next preceding article the offender shall continue to be obliged to
satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that
he has served his sentence consisting of deprivation of liberty or other rights, or has not been
required to serve the same by reason of amnesty, pardon, commutation of sentence or any other
reason.
Notes:
 Unless extinguished, civil liability subsists even if the offender has served sentence consisting of
deprivation of liberty or other rights or has served the same, due to amnesty, pardon,
commutation of the sentence or any other reason.
 Under the law as amended, even if the subsidiary imprisonment is served for non-payment of
fines, this pecuniary liability of the defendant is not extinguished.
 while amnesty wipes out all traces and vestiges of the crime, it does not extinguish the civil
liability of the offender. A pardon shall in no case exempt the culprit from the payment of the civil
indemnity imposed upon him by the sentence
 probation affects only the criminal aspect of the crime.