CRIMINAL LAW I

AUGUST 24, 2019 Requisite of Habitual Delinquency:

1. Offender had been convicted of any of the crimes of Serious or
TITLE THREE - PENALTIES less serious physical injuries, (2) robbery, (3) theft, (4) estafa,
or (5) falsification;
Penalty – the suffering that is inflicted by the State for the 2. After conviction or after serving his sentence, offender again
transgression of the law. committed, and within 10 years from his release or first
conviction, he was again convicted of any of the said crimes the
Article 21 – Penalties that may be imposed. second time;
Prohibits the Government from punishing any person for any felony 3. After conviction or serving sentence for the second offense, he
with any penalty which has not been prescribed by the law. again committed, and within 10 years from his last release or
last conviction of any of said offenses, the third time or oftener.
Article 22 – Retroactive effect of penal laws.
General Rule: Penal Laws shall have prospective effect Article 23 – Effect of Pardon by Offended Party – does not extinguish
Exception: Retroactive effect may be done when the new law is criminal action.
favorable to the accused. Exceptions:
1. Adultery and Concubinage (Art 244, par 2) – may be implied
Ex Post Facto Law: 2. Seduction (Express waiver)
1. Makes criminal an act done before the passage of the law and 3. Abduction (Express waiver)
which when innocent when done, and punishes such act; 4. Rape or acts of lasciviousness (Express waiver)
2. Aggravates a crime or makes it greater than it was, when Civil liability – extinguished by express waiver by offender party.
committed;
3. Changes the punishment and inflicts greater punishment than Classification of Penalties
the law annexed to the crime when committed;
4. Alters the legal rules of evidence and authorizes conviction Article 25 – Penalties which may be imposed
upon less or different testimony than the law required at the Principal Penalties
time of the commission of the offense; 1. Capital punishment: Death
5. Assuming to regulate civil rights and remedies only, in effect 2. Afflictive penalties:
imposes penalty or deprivation of right for something which Reclusion perpetua,
when done was lawful; Reclusion temporal,
6. Deprives a person accused of a crime of some lawful protection Perpetual or temporary absolute disqualification,
to which he has become entitled (example: protection of a Perpetual or temporary special disqualification,
former conviction or acquittal or proclamation of amnesty). Prision mayor.
3. Correctional penalties:
EXCEPTION to the retroactive application of the new law Prision correccional,
“When the culprit is found to be a HABITUAL DELINQUENT, he is not Arresto mayor,
entitled to the benefit of the provisions of the new favorable statute.” Suspension,
Destierro.
HABITUAL DELINQUENCY (Article 62 par. 5) 4. Light penalties:
A person is a Habitual Delinquent if within a period of ten yeas from Arresto menor,
the date of his last release or last conviction of the crime of (1) serious Public censure.
and less serious physical injuries, (2) robo, (3) hurto, (4) estafa, or (5)
falsification, he is found guilty of any of the said crimes a third time or Accessory Penalties
oftener. Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for, the b. Cannot hold any public office during the period of
profession or calling. disqualification
Civil interdiction, 4. Suspension from public office, profession or calling, or right of
Indemnification, suffrage
Forfeiture or confiscation of instruments and proceeds of the offense, a. Disqualification from holding such office or exercising
Payment of costs. such profession or calling or right to suffrage during
term of sentence
NOTE: RA 9346 – prohibition of the imposition of death penalty b. If suspension – cannot hold any other office having
similar functions during the period of suspension
Article 26 – Fine (RA 10951) 5. Civil interdiction
1. Afflictive penalty – exceeds P 1,200,000.00 a. Deprivation of rights of parental authority or
2. Correctional penalty– not more than P 1,200,000.00 but not guardianship of any ward
less than P 40,000.00 b. Deprivation of marital authority
3. Light penalty – less than P 40,000.00 c. Deprivation of right to manage his property and right to
dispose of such property by any act or conveyance inter
DURATION AND EFFECTS OF PENALTIES vivos
6. Bonds to keep the peace
Article 27 a. Offender must present two sufficient sureties who shall
1. Reclusion Perpetua – 20yrs 1day to 40yrs undertake that the offender will not commit the offense
2. Reclusion Temporal – 12yrs 1 day to 20yrs sought to be prevented, and in the case such offense is
3. Prision Mayor and Temporary Disqualification – 6yrs 1day to committed they will pay the amount determined by the
12yrs court
4. Prision Correctional, suspension, Destierro – 6months 1 day to b. Offender must deposit such amount with the clerk of
6yrs court to guarantee such undertaking
5. Arresto Mayor – 1month 1day to 6months c. Offender may be detained if he cannot give the bond for
6. Arresto Menor – 1day to 30days a period of 6months if prosecuted for grave or less grave
7. Bond to keep the peace – discretionary upon the court felony; not more than 30days if for light felony

Article 30-35 effects of the penalties according to nature Article 36 – PARDON (effects)
General Rule: A pardon shall not restore the right to hold public office
1. Perpetual or temporary absolute disqualification for public or right of suffrage
office: Exception: if expressly restored by the terms of the pardon
a. Deprivation of public offices and employment even by
election NOTE: Pardon does not exempt the culprit from payment of civil
b. Deprivation of right to vote or to be elected indemnity
c. Loss of right to retirement pay or pension
2. Perpetual or temporary special disqualification for public office, Article 38 – Order or payment of pecuniary liabilities
profession or calling 1. The reparation of the damage caused
a. Deprivation of the office, employment or profession or 2. Indemnification of consequential damages
calling 3. The fine
b. Disqualification for holding similar offices or 4. Cost of proceedings
employment perpetually or during the term of sentence
3. Perpetual or temporary disqualification for the execise of right Article 39 – Subsidiary penalty
of suffrage Definition: a subsidiary personal liability to be suffered by the convict
a. Deprivation of right to vote or be elected for public office who has no property with which to meet the fine, at the rate of one day
for each P8.00
NOTE:
Subsidiary penalty is served if the penalty imposed upon the convict
includes fine but he cannot pay the same because of insolvency.

Subsidiary penalty is not proper in the following situations:

1. The principal penalty imposed is more than prision correccional
(more than 6 years);
2. The principal penalty is not to be served by confinement and is
not of fixed duration (ex. fine not exceeding P200 and censure);
3. Subsidiary penalty is not expressly stated in the sentence to
take the place of fine in case of insolvency;
4. The sentence imposed does not include fine; and
5. If convict has the means to pay the fine.