CHAPTER THREE Arresto menor.

— The duration of the

penalty of arresto menor shall be from
DURATION AND EFFECT OF one day to thirty days.
PENALTIES
Bond to keep the peace. — The bond to
SECTION 1: DURATION OF keep the peace shall be required to
PENALTIES cover such period of time as the court
may determine. (As amended by R.A.
ARTICLE 27 No. 7659, approved on December
13, 1993)
Reclusion perpetua. — The penalty of
reclusion perpetua Penalties:
shall be from twenty years and one day
to forty years. Penalty Duration
Reclusion 20 yrs. and 1 day - 40 yrs.
Reclusion temporal. — The penalty of
perpetua
reclusion temporal shall
Reclusion 12 yrs. and 1 day – 20
be from twelve years and one day to
temporal yrs.
twenty years.
Prision 6 yrs. and 1 day – 12 yrs.
mayor
Prision mayor and temporary
Prision 6 months and 1 day – 6
disqualification. — The duration
correccional years
of the penalties of prision mayor and
temporary disqualification shall be from Arresto 1 month and 1 day – 6
six years and one day to twelve years, mayor months
except when the penalty of Arresto 1 day – 30 days
disqualification is imposed as an menor
accessory penalty, in which case, its
duration shall be that of the principal
penalty.
Temporary disqualification and
Prision correccional, suspension, and suspension, when imposed as
destierro. — The duration of the accessory penalties, have different
penalties of prision correccional, durations — they follow the duration of
suspension, and destierro shall be from the principal penalty.
six months and one day to six years,
except when suspension is imposed as A peace bond is a court order to keep
an access or penalty, in which case, the peace and be on good behaviour for
its duration shall be that of the principal a period of time. This essentially means
penalty.
that the person must not be charged
Arresto mayor. — The duration of the with a criminal offence.
penalty of arresto mayor shall be from
Bond to keep the peace is not
one month and one day to six months.
specifically provided as a penalty for any
felony and therefore cannot be imposed
by the court.
 ARTICLE 28
Computation of penalties. — If the
offender shall be in prison, the term of
the duration of the temporary penalties
shall be computed from the day on
which the judgment of conviction shall
have become final.
If the offender be not in prison, the term
of the duration of the penalty consisting
of deprivation of liberty shall be
computed from the day that the offender
is placed at the disposal of the judicial
authorities for the enforcement of the
penalty. The duration of the other
penalties shall be computed only from
the day on which the defendant
commences to serve his sentence.
Rules for computation of penalties:
1. When the offender is in prison
— the duration of temporary
penalties is from the day on
which the judgment of conviction
becomes final.
2. When the offender is not in
prison — the duration of penalty
consisting in deprivation of
liberty, is from the day that the
offender is placed at the disposal
of judicial authorities for the
enforcement of the penalty.
3. The duration of other penalties
— the duration is from the day on
which the offender commences to
serve his sentence.
What if the accused appealed?
In Ocampo v. Court of Appeals the
Supreme Court ruled that if the accused,
who was in custody, appealed, his
service of sentence should commence
from the date of the promulgation of the
decision of the appellate court, not from
the date the judgment of the trial court
was promulgated.
Examples of temporary penalties:
1. Temporary absolute
disqualification
2. Temporary absolute
disqualification
3. Suspension
Rules in cases of temporary penalties:
- If offender is under detention, as
when he is undergoing preventive
imprisonment, Rule No. 1
applies.
- If not under detention, because
the offender has been released
on bail, Rule No. 3 applies.
Examples of penalties consisting in
deprivation of liberty:
(1) Imprisonment.
(2) Destierro.
Rules in cases of penalties consisting in
deprivation of liberty:
When the offender is not in prison, Rule
No. 2 applies.
If the offender is undergoing preventive
imprisonment, the computation of the
penalty is not from the day that the
offender is placed at the disposal of the
judicial authorities for the enforcement
of the penalty. Rule No. 3 applies, that
is, the duration of the penalty shall be
computed from the day on which the
defendant commences to serve his
sentence.
But the offender is entitled to a
deduction of full time or fourfifths (4/5) of
the time of his detention.
ARTICLE 29
Period of preventive imprisonment
deducted from term of imprisonment. —
Offenders who have undergone
preventive imprisonment shall be
credited in the service of their sentence
consisting of deprivation of liberty, with
the full time during which they have
undergone preventive imprisonment, if
the detention prisoner agrees voluntarily
in writing to abide by the same
disciplinary rules imposed upon
convicted prisoners, except in the
following cases:
1. When they are recidivists or have
been convicted previously twice
or more times of any crime; and
2. When upon being summoned for
the execution of their sentence
they have failed to surrender
voluntarily.
If the detention prisoner does not agree
to abide by the same disciplinary rules
imposed upon convicted prisoners, he
shall be credited in the service of his
sentence with four-fifths of the time
during which he has undergone
preventive imprisonment. (As amended
by Republic Act 6127, June 17, 1970)
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 the
maximum penalty to which the accused
may be sentenced is destierro, he shall
be released after thirty (30) days of
preventive imprisonment. (As amended
by E.O. No. 214, July 10, 1988).
When is there preventive imprisonment?
The accused undergoes preventive
imprisonment when:
- the offense charged is non-
bailable,;
- or even if bailable, he cannot
furnish the required bail.
Does this apply to appelants?
- In People v. Herila the Supreme
Court stated that appellants
should be credited with the full
time of their preventive
imprisonment upon a showing
that they agreed to abide by the
same disciplinary rules imposed
upon convicted prisoners;
otherwise, they shall be credited
 with four fifths (4/5) of the time of
such preventive imprisonment.
EXCEPTION: Youthful offenders shall
be credited in the service of their
sentence with the full time they spent in
actual confinement and detention. It is
not necessary that they agreed to abide
by the disciplinary rules imposed upon
convicted prisoners.
Does destierro constitute “deprivation of
liberty?”
- Yes it does. In People v. Bastasa
the Supreme Court stated that
although destierro does not
constitute imprisonment it is
nonetheless deprivation of liberty.
It follows that Article 29 is
applicable when the penalty is
destierro.
Convict to be released immediately if:
- the penalty imposed after trial is
less than the full time or four-
fifths of the time of the preventive
imprisonment or;
- whenever he has undergone
preventive imprisonment for a
period equal to or more than the
possible maximum imprisonment
for the offense charged.
Offenders not entitled to the full time or
four-fifths of the time of preventive
imprisonment.
The following offenders are not entitled
to be credited with the full time or 4/5 of
the time of preventive imprisonment:
1. Recidivists or those convicted
previously twice or more times of
any crime.
2. Those who, upon being
summoned for the execution of
their sentence, failed to surrender
voluntarily.
SECTION 2: EFFECTS OF THE
PENALTIES ACCORDING TO THEIR
RESPECTIVE NATURE
ARTICLES 30-35
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.
3. The disqualification for the offices
or public employments and for
the exercise of any of the rights
mentioned.
In case of temporary
disqualification, such
disqualification as is comprised in
paragraphs 2 and 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.
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.
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.
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.
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.
Difference of perpetual and temporary:
- The former is effective during the
lifetime of the convict even after
the service of the sentence, while
the latter only lasts during the
service of the sentence.
Is disqualification a denial of right?
- No, it is not. In People v. Corral
the Supreme court stated that the
presumption is that one rendered
infamous by conviction of felony,
or other base offenses indicative
of moral turpitude, is unfit to
exercise the privilege of suffrage
or to hold office. The exclusion
must for this reason be adjudged
a mere disqualification, imposed
for protection and not for
punishment, the withholding of a
privilege and not the denial of a
personal right.
Difference of bond to keep the peace
and bail bond:
- The former is imposed as penalty
in threats, while the latter is to
secure the provisional release of
an accused person after his
arrest or during trial but before
final judgment of conviction.
ARTICLE 36
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.
Limitations upon the exercise of the
pardoning power:
1. That the power can be exercised
only after conviction;
2. That such power does not extend
to cases of impeachment.
Pardon granted in general terms does
not include accessory penalty.
- When the principal penalty is
remitted by pardon, only the
effect of that principal penalty is
extinguished, but not the
accessory penalties attached to
it.
EXCEPTION: Jurisprudence dictates Costs are chargeable to the accused in
that although the rule is that a pardon case of conviction.
does not restore the right tohold public
office or the right of suffrage, unless Costs which are expenses of litigation
expressly stated in the pardon, the are chargeable to the accused only in
exception is where the facts and cases of conviction. In case of acquittal,
circumstances of the cases already the costs are de oficio, each party
show that the purpose of the Chief bearing his own expenses.
Executive is precisely to restore those Is it mandatory for the court to demand
rights. payment for the costs?
Pardon by the Chief Executive - No, it is not. The Rules of Court
distinguished from pardon by the provides that whether costs
offended party: should be assessed against the
accused lie within the discretion
Chief Executive Offended party
Extinguishes Does not of the court. The Government
criminal liability extinguish criminal may request the court to assess
liability costs against the accused, but
Cannot include Can waive the civil not as a right. No attorney's fees
civil liability liability shall be taxed as cost against the
Granted after Given before the adverse party.
conviction to any institution of
of the offenders criminal ARTICLE 38
prosecution; must
be given to both of Pecuniary liabilities; Order of
the offenders payment. — In case the property of the
offender should not be sufficient for the
ARTICLE 37 payment of all his pecuniary liabilities,
the same shall be met in the following
Cost; What are included. — Costs shall order:
include fees and indemnities in the
course of the judicial proceedings, 1. The reparation of the damage
whether they be fixed or unalterable caused.
amounts previously determined by law 2. Indemnification of consequential
or regulations in force, or amounts not damages.
subject to schedule. 3. The fine.
4. The cost of the proceedings.
The following are included in costs:
When is Art. 38 applicable?
1. Fees, and
2. Indemnities, in the course of - It is applicable "in case the
judicial proceedings. property of the offender should
 not be sufficient for the payment
of all his pecuniary liabilities." The
order of payment is provided in
this article. Hence, if the offender
has sufficient or no property,
there is no use for Art. 38.
Is there reparation in the crime of rape?
Yes, there is. In U.S. v. Yambao the
Supreme Court ruled that that part of the
judgment ordering the defendant to pay
the value of the woman's torn garments
is reparation for the damage caused to
her property and is distinct from
indemnity.
ARTICLE 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).
What is a subsidiary penalty?
- It is a subsidiary personal liability
to be suffered by the convict who
has no property with which to
meet the fine, at the rate of one
day for each eight pesos, subject
to the rules provided for in Article
39.
Judgment of conviction must impose
subsidiary imprisonment.
- In the case of Ramos v. Gonong
the Supreme Court stated that an
accused cannot be made to
undergo subsidiary imprisonment
in case of insolvency to pay the
fine imposed upon him when the
subsidiary imprisonment is not
imposed in the judgment of
conviction.
The penalty imposed must be
(1) prision correccional,
(2) arresto mayor,
(3) arresto menor,
(4) suspension,
(5) destierro, or
(6) fine only.
Will there be subsidiary imprisonment if
the penalty imposed is 6 years and 1
day?
- No, because when one day is
added to 6 years, it raises the
prison sentence from prision
correccional to prision mayor;
hence, no subsidiary
imprisonment.
Should the additional penalties for
habitual delinquency be included in
determining whether or not subsidiary
penalty should be imposed?
- Yes, it should. In People v.
Concepcion the Supreme Court
stated that Even if the penalty
imposed is not higher than prision
correccional,if the accused is a
habitual delinquent who deserves
an additional penalty of 12 years
and 1 day of reclusion temporal,
there is no subsidiary
imprisonment.
“If the principal penalty imposed”
- When the penalty prescribed for
the offense is imprisonment, it is
the penalty actually imposed by
the Court, not the penalty
provided for by the Code, which
should be considered in
determining whether or not
subsidiary penalty should be
imposed.
The subsidiary penalty is "the same
deprivations as those of which the
principal penalty consists."
- If the penalty imposed is
imprisonment, the subsidiary
penalty must be imprisonment
also. If the penalty imposed is
destierro, the subsidiary penalty
must be destierro also. If the
penalty imposed is suspension,
the subsidiary penalty must be
suspension also. This is so,
because paragraph No. 4 of Art.
39 states that the convict "shall
continue to suffer the same
deprivations as those of which
the principal penalty consists."
May the convict who served subsidiary
penalty still be required to pay the fine?
- It will be noted from paragraph
No. 5 of Art. 39, as amended,
that the convict who suffered
subsidiary penalty for
nonpayment of the fine is not
relieved from paying the fine
should his financial
circumstances improve.
SUBSIDIARY IMPRISONMENT
UNDER SPECIAL LAW
Act No. 1732 of the Philippine
Commission provides for the rules in
case the court shall impose a fine as the
whole or as a part of the punishment for
any criminal offense made punishable
by any special law.
Rules:
1. When the court merely
imposes a fine, the
subsidiary liability shall not
exceed 6 months, at the
rate of one day of
imprisonment for every
P2.50.
2. In case both fine and
imprisonment are
imposed, the subsidiary
liability shall not exceed
1/3 of the term of
imprisonment, and in no
case shall it exceed 1
year.
3. In case the imprisonment
is for more than 6 years in
addition to a fine, there
shall be no subsidiary
imprisonment.
4. When a fine is imposed for
violation of any municipal
ordinance or ordinances of
the City of Manila, the rate
is one day for every PI.00,
until the fine is satisfied,
provided that the total
subsidiary imprisonment
does not exceed 6months,
if the penalty imposed is
fine alone; and not more
than 1/3 of the principal
penalty, if it is imposed
together with
imprisonment.
SECTION 3. PENALTIES IN WHICH
OTHER ACCESSORY PENALTY ARE
INHERENT
ARTICLE 41-44
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
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 Outline of accessory penalties inherent
though pardoned as to the principal in principal penalties:
penalty, unless the same shall have
been expressly remitted in the pardon
Principal Accessory Penalty
Art. 42. Prision mayor; Its accessory penalty
a) perpetual
penalties. — The penalty of prision Death (when not absolute
mayor, shall carry with it that of executed by disqualification
temporary absolute disqualification and reason of ; and
that of perpetual special disqualification commutation or b) civil
from the right of suffrage which the pardon) interdiction for
offender shall suffer although pardoned 30 years, if not
as to the principal penalty, unless the expressly
remitted in the
same shall have been expressly pardon.
remitted in the pardon.

Art. 43. Prision correccional; Its a) civil

accessory penalties. — The penalty of Reclusion interdiction for
prision correccional shall carry with it perpetua and life or during
that of suspension from public office, reclusion the sentence;
from the right to follow a profession or temporal and
b) perpetual
calling, and that of perpetual special
absolute
disqualification from the right of disqualification
suffrage, if the duration of said , unless
imprisonment shall exceed eighteen expressly
months. The offender shall suffer the remitted in the
disqualification provided in the article pardon of the
although pardoned as to the principal principal
penalty.
penalty, unless the same shall have
been expressly remitted in the pardon.
a) temporary
Prision Mayor absolute
disqualification
Art. 44. Arresto; Its accessory
b) perpetual
penalties. — The penalty of arresto shall special
carry with it that of suspension of the disqualification
right too hold office and the right of from suffrage,
suffrage during the term of the unless
sentence. expressly
remitted in the
pardon of the
principal
penalty.
 “Unless expressly remitted”

a) suspension - The accessory penalties

Prision from public mentioned in Articles 40 to 43
correccional office, must be suffered by the offender,
profession or
although pardoned as to the
calling, and
b) perpetual principal penalties. To be relieved
special of the accessory penalties, the
disqualification same must be expressly remitted
from suffrage, in the pardon.
if the duration
of Do accessory penalties need to be
imprisonment expressly imposed?
exceeds 18
months, - The accessory penalties are
unless
understood to be always imposed
expressly
remitted in the upon the offender by the mere
pardon of the fact that the law fixes a certain
principal penalty for a given crime. (Art.
penalty. 73)

Note: There is NOTE: Accessory penalties do not

perpetual special determine jurisdiction.
disqualification from
suffrage, only when ARTICLE 45
the duration of the
imprisonment Confiscation and forfeiture of the
exceeds 18 months
proceeds or instruments of the crime.
Arresto suspension of the
right to hold office Every penalty imposed for the
and the right of commission of a felony shall carry with it
suffrage during the the forfeiture of the proceeds of the
term of the sentence. crime and the instruments or tools with
which it was committed.chanrobles
virtual law library
NOTE: There is no accessory penalty
Such proceeds and instruments or tools
for destierro.
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
Outline of the provision of this article.
1. Every penalty imposed carries with it
the forfeiture of the proceeds of the
crime and the instruments or tools used
in the commission of the crime.
2. The proceeds and instruments or
tools of the crime are confiscated and
forfeited in favor of the Government.
3. Property of a third person not liable
for the offense, is not subject to
confiscation and forfeiture.
4. Property not subject of lawful
commerce (whether it belongs to the
accused or to third person) shall be
destroyed.
No forfeiture where there is no criminal
liability
- based on the phrase "every
penalty imposed." A penalty
cannot be imposed unless there
is a criminal case filed, the case
is tried, and the accused is
convicted.
Can courts order the confiscation of
property belonging to a third person if
there is sufficient ground to hold him
guilty?
- In People v. Delgado the
Supreme Court ruled that the
court cannot order forfeiture of
goods even if there is sufficient
ground to hold him guilty, unless
he is indicted.
Instruments of the crime belonging to a
third person may be recovered
- In US v Bruhez the Supreme
Court stated that it should not be
confiscated. The person who
owns the money used in the
commission of the crime has a
right to intervene in the
proceeding in the court having
jurisdiction of the offense for the
purpose of determining his rights
in the premises.
Confiscation can be ordered only if
the property is:
- Submitted in evidence or;
- Placed at the disposal of the
court
NOTE: Articles which are forfeited, when
the order of forfeiture is already final,
cannot be returned even in the case of
acquittal.
After the issuance of the sentence can
the court modify the judgment by issuing
an order of confiscation and forfeiture?
- No, the court cannot. In the case
of US v. Hart the Supreme Court
stated that because the
confiscation of the money is an
additional penalty and as the
sentence has become final, the
court cannot modify, alter or
change that sentence.
EXCEPTION: When the accused has Graduation of penalties:
appealed, confiscation and forfeiture not
ordered by the trial court, may be By degrees:
imposed by the appellate court.
(Stages of execution)
________________________________
- Consummated
CHAPTER 4
- Frustrated
APPLICATION OF PENALTIES - Attempted

SECTION 1 (Degree of Criminal participation)

RULES FOR THE APPLICATION OF - Principal

PENALTIES TO THE PERSONS - Accomplice
CRIMINALLY LIABLE AND FOR THE - Accessory
GRADUATION OF THE SAME
By periods:
ARTICLE 46
(Division of a penalty into three periods)
Penalty to be imposed upon
- Maximum
principals in general. — The penalty
- Medium
prescribed by law for the commission of
- Minimum
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.

GENERAL RULE: Penalty prescribed in

general term shall be imposed:

- Upon the principals

- For consummated felony

EXCEPTION: When the law fixes a

penalty for frustrated and attempted.
 ARTICLE 47
In what cases the death penalty shall
not be imposed; Automatic review of
death penalty cases.
The death penalty shall be imposed in
all cases in which it must be imposed
under existing laws, except when the
guilty person is below 18 years of age at
the time of the commission of the crime
or is more than seventy years of age or
when upon appeal or automatic review
of the case by the Supreme Court, the
required majority vote is not obtained for
the imposition of the death penalty, in
which cases the penalty shall be
reclusion perpetua.
In all cases where the death penalty is
imposed by the trial court, the records
shall be forwarded to the Supreme
Court for automatic review and
judgment by the court en banc, within
twenty (20) days but no earlier than
fifteen (15) days after promulgation of
the judgment or notice of denial of any
motion for new trial or reconsideration.
The transcript shall also be forwarded
within (10) days after the filing thereof
by the stenographic reporter. (As
amended by R.A. No. 7659)
Exceptions to the imposition of death
penalty:
- Below 18 years of age or over 70
at the time of the commission
- The Majority vote is not obtained
on the appeal or automatic
review
NOTE: In lieu of death penalty,
reclusion perpetua shall be imposed.
Majority vote of the Supreme Court (8
out of 15) is required for the imposition
of death penalty.
Isn’t death penalty abolished?
- No, it is not. The 1987
Constitution merely suspended
the imposition of death penalty
nothing therein expressly
declares the abolition of death
penalty.
Republic Act No. 7659 which took
effect on 31 December 1993, restored
the death penalty for certain heinous
crimes. Republic Act No. 9346 which
was enacted on June 24, 2006
prohibited the imposition of the death
penalty, and provided for the imposition
of the penalty of reclusion perpetua in
lieu of death.
What is the justification of death
penalty?
- According to People v. Carillo
social defense (accused is a
dangerous enemy of the society)
and exemplarity (warning to
others) justify the penalty of
death
Is death penalty cruel?
- No, it is not. In People v. Camano
the Supreme Court stated that
punishments are cruel when they
involve torture or lingering death.
Cruel punishment implies
something inhuman and
barbarous, something more than
the mere extinguishment of life.
In what crimes is death penalty
imposed?
- Treason
- Piracy
- Qualified piracy
- Qualified bribery
- Parricide
- Murder
- Infanticide
- Kidnapping
- Serious illegal detention
- Robbery with homicide
- Destructive arson
- Rape with homicide
- Plunder
- Certain violations of the
dangerous drugs act
- Carnapping
Can the courts refuse to impose death
penalty?
- No, because as stated in People
v. Limaco, as long as the death
penalty remains in the statute
books, it is the duty of the judicial
officers to respect and apply the
law regardless of their private
opinion
NOTE: The trial court must require the
prosecution to present evidence, despite
plea of guilty when the crime charged is
punished with death.
In People v. Busa the Supreme Court
stated that the essence of judicial review
in capital offenses is that while the
society allows violent retribution for
heinous crimes committed against it, it
must always make certain that the
blood of the innocent is not spilled, or
that the guilty are not made to suffer
more than their just measure of the
punishment and retribution. Thus, a
sentence of death is valid only if it is
susceptible of a fair and reasonable
examination by this court.
ARTICLE 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. (As amended by Act No. 4000)
Requisites:
- Commission of at least two
crimes (more grave or less grave
felonies)
- Must be the result of a single act
or
- Offense must be a necessary
means for committing the other.

Why is it only considered to be one
crime?
- In a complex crime, although
two or more crimes are actually
committed, they constitute only
one crime in the eyes of the law
and in the conscience of the
offender. The offender has only
one criminal intent. Even in the
case where an offense is a
necessary means for committing
the other, the evil intent of the
offender is only one. (People v.
Hernandez)
Two kinds of complex crimes:
Compound Crime
- When a single act constitutes two
or more grave or less grave
felonies.
Requisites:
1. That only a single act is performed
by the offender
2. That the single act produces (1) two
or more grave felonies, or (2) one or
more grave and one or more less
grave felonies, or (3) two or more
less grave felonies.
Complex crime proper
- When an offense is a necessary
means for committing the other
Requisites:
1. That at least two offenses are
committed
2. That one or some of the offenses
must be necessary to commit the
other
3. That both or all the offenses must be
punished under the same statute
NOTE: But when the acts are wholly
different, not only in themselves, but
also because they are directed against
two different persons or when two
persons are killed one after the other, by
different acts, although these two killings
were the result of a single criminal
impulse, jurisprudence dictates that the
different acts must be considered as
distinct crimes.
But when one of the offenses, as a
means to commit the other, was
committed by one of the accused by
reckless imprudence, that accused who
committed the offense by reckless
imprudence is liable for his act only.
What is the penalty for complex crime?
- It is the penalty for the most
serious crime applied in its
maximum period
 “Single act” theories of complex
crimes:
- Single criminal impulse
- Same motive
- Single-purpose
NOTE: These theories have no legal
basis. However, the theories are
acceptable when it is not certain who
among the accused committed the
offense against each of the several
victims.
Is rape with homicide covered by Article
48?
- No, it is not. However, rape with
homicide is a special complex
crime covered by Article 266-B
There is no complex crime of arson
with homicide under Article 48.
The ruling in the case of U.S. vs. Burns,
41 Phil. 418, that under an information
charging the accused with setting fire to
an automobile in the basement of an
inhabited house, whereby said house
was destroyed and one of its inmates
burned to death, the accused is guilty of
a complex crime of arson with homicide,
is no longer applicable to such case, Art.
320 of the Revised Penal Code, as
amended by Rep. Act No. 7659, having
provided one penalty therefor.
Applicable to crimes through
negligence
- the definition of felonies in Article
3 of the Code, that is, "Acts and
omissions punishable by law,"
committed either "by means of
deceit (dolo)" or "by means of
fault (culpa)," it is clear that
Article 48 which speaks of
"felonies" is applicable to
violations under Article 365 which
defines and penalizes criminal
negligence, a felony by means of
fault (culpa).
When two felonies constituting a
complex crime are punishable by
imprisonment and fine, respectively,
only the penalty of imprisonment should
be imposed.
- When a single act constitutes two
grave or less grave felonies, 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 the more serious
crime should not be judged by
the classification of each of the
penalties involved, but by the
nature of the penalties. (People
vs. Yongco)
NOTE: Art. 48 applies only to cases
where the Code does not provide a
definite specific penalty for a complex
crime.
One information should be filed when a
complex crime is committed.
- Thus, even if several persons
were killed, only one information
should be filed if the victims were
killed by a single act. But if four
crimes of murder and a frustrated
murder resulted from the firing of
several shots at five victims, the
crimes are not complex. Five
informations should be filed. In
case of conviction, five penalties
should be imposed (People vs.
Pineda)
- The same ruling applies when
one of the offenses committed is
not a necessary means for
committing the other, as when
one offense is committed to
conceal the other. In that case,
two informations will have to be
filed and in case of conviction,
two penalties shall be imposed.
When a complex crime is charged and
one offense is not
proven, the accused can be convicted
of the other.
- When a complex crime is
charged and the evidence fails to
support the charge as to one of
the component offenses, the
defendant can be convicted of
the other. (People vs. Maribung)
________________________________
PLURALITY OF CRIMES
- Plurality of crimes consists in the
successive execution by the
same individual of different
criminal acts upon any of which
no conviction has yet been
declared.
Kinds of plurality of crimes
1. Formal or Ideal plurality
- One criminal liability
2. Real or material plurality
- Different crimes in law as well as
in the conscience of the offender.
In such cases, offender shall be
punished for each and every
offense that he committed
Distinction of Plurality of crimes to
Recidivism:
- In the former, there is no
conviction of the crimes
committed and in the latter, there
must be conviction by final
judgment.
Plural crimes of formal or ideal type
are divided into three groups:
- When the offender commits any
of the complex crimes defined in
Art. 48 of this code.
- When the law specifically fixes a
single penalty for two or more
offenses committed. (e.g.
Robbery with homicide,
kidnapping with serious physical
injuries)
 - When the offender commits
continued crimes.
What are continued crimes?
- A continued (continuous or
continuing) crime is 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. Hence,
only one penalty shall be imposed.
A continued crime is not a complex
crime.
- A continued crime is not a
complex crime, because the
offender in continued or
continuous crime does not
perform a single act, but a
series of acts, and one offense
is not a necessary means for
committing the other.
Distinguish real or material plurality
from continued crime.
In real or material plurality as well as in
continued crime, there is a series of acts
performed by the offender. While in real
or material plurality, each act performed
by the offender constitutes a separate
crime, because each act is generated by
a criminal impulse; in continued crime,
the different acts constitute only one
crime because all of the acts performed
arise from one criminal resolution.
ARTICLE 49
Penalty to be imposed upon the
principals when the crime committed
is different from that intended. — In
cases in which the felony committed is
different from that which the offender
intended to commit, the following rules
shall be observed:
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 be
imposed in its maximum period.
2. If the penalty prescribed for the felony
committed be lower than that
corresponding to the one which the
accused intended to commit, the penalty
for the former shall be imposed in its
maximum period.
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.
When the crime actually committed is Article 49 distinguished from Article
different from that intended, as 48
contemplated in the first paragraph of
Art. 4, the penalty to be imposed must Article 49 Article 48
the lesser penalty the penalty for
be governed by the rules provided in
is to be imposed, the
Art. 49, because the opening sentence to be applied in more or most
of Art. 49 specifically mentions "cases in the maximum serious crime
which the felony committed is different period shall be imposed,
from that which the offender intended to the same to be
commit." On the other hand, Art. 4 in its applied
paragraph 1 provides that criminal in its maximum
period.
liability shall be incurred "by any person
committing a felony (delito) although the
wrongful act done be different from that
which he intended."

However, Art. 49 applies only error in

personae (mistake in identity) and
praeter intentionem (where a more
serious consequence not intended by
the offender befalls the same person)

In error in personae, since only one

crime is produced by the act of the
offender, there could be no complex
crime, which presupposes the
commission of at least two crimes. In
the two examples of error in personae, it
will be noted that only one person was
affected by the single act of the
offender; hence, only one crime was
produced. For this reason, it is Art. 49,
and not Art. 48, that is applicable.

Art. 49 has no application to cases

where a more serious consequence not
intended by the offender befalls the
same person.