Book One Mark

San Beda College of Law 1
MEMORY AID IN CRIMINAL LAW
BOOK ONE
CRIMINAL LAW COMMITTEE

CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
2 2005 CENTRALIZED BAR OPERATIONS
CRIMINAL LAW - that branch or division EXCEPTION TO THE EXCEPTION:

of law which defines crimes, treats of Penal laws not applicable within
their nature and provides for their or without Philippine territory if so
punishment. provided in treaties and laws of
preferential application. (Art.2, RPC)
CHARACTERISTICS OF CRIMINAL LAW
1. GENERAL - it is binding on all 3. PROSPECTIVE
persons who live or sojourn in the GENERAL RULE: Penal laws cannot
Philippine territory (Art. 14, NCC) make an act punishable in a manner
EXCEPTIONS: in which it was not punishable when
a) Treaty stipulations committed.
b) Laws of preferential application EXCEPTION: (it may be applied
c) Principles of Public International retroactively) When the new law is
Law. favorable to the accused.
The following persons are EXCEPTION TO THE EXCEPTION
exempted: a) The new law is expressly made
a. Sovereigns and other inapplicable to pending actions
chief of state or existing causes of actions.
b. Ambassadors,ministers, b) Offender is a habitual criminal.
plenipotentiary, minister
resident and charges LIMITATIONS ON THE POWER OF
d’affaires. CONGRESS TO ENACT PENAL LAWS:
1. No ex post facto law shall be
 Consuls, vice-consuls and other enacted
commercial representatives of 2. No bill of attainder shall be enacted
foreign nation cannot claim the 3. No law that violates equal protection
privileges and immunities accorded clause of the constitution shall be
to ambassadors and ministers. enacted
4. No law which imposes cruel and
2. TERRITORIAL – penal laws of the unusual punishments nor excessive
Philippines are enforceable only fines shall be enacted.
within its territory.
EXCEPTIONS: (Art. 2, RPC) i.e., THEORIES IN CRIMINAL LAW
enforceable even outside 1. Classical Theory - basis of
Philippine territory. criminal liability is human free will.
1) Offense committed while on a Under this theory, the purpose of
Philippine ship or airship penalty is retribution. The RPC is
2) Forging or counterfeiting any generally governed by this theory.
coin or currency note of the 2. Positivist Theory – basis of
Philippines or obligations and criminal liability is the sum of the
securities issued by the social and economic phenomena to
Government. which the actor is exposed wherein
3) Introduction into the country of prevention and correction is the
the above-mentioned obligations purpose of penalty. This theory is
and securities. exemplified in the provisions
4) While being public officers or regarding impossible crimes and
employees should commit an habitual delinquency.
offense in the exercise of their 3. Eclectic or Mixed Theory –
functions. combination of positivist and
5) Should commit any of the crimes classical thinking wherein crimes
against national security and the that are economic and social in
law of nations defined in Title nature should be dealt in a positive
One of Book Two. manner; thus, the law is more
compassionate.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
2. the act or omission must be

punishable by the RPC.
PRELIMINARY TITLE 3. the act is performed or the omission
incurred by means of dolo or culpa.
 ART. 2 – APPLICATION OF ITS
PROVISIONS “NULLUM CRIMEN, NULLA POENA SINE
LEGE” - there is no crime where there is
RULES ON VESSELS: no law punishing it.
1.) Philippine vessel or aircraft.
 Must be understood as that which is CLASSIFICATION OF FELONIES
registered in the Philippine Bureau ACCORDING TO THE MEANS BY WHICH
of Customs. THEY ARE COMMITTED:
2.) On Foreign Merchant Vessels 1. Intentional Felonies – the act is

 ENGLISH RULE: Crimes committed performed with deliberate intent or
aboard a vessel within the territorial malice.
waters of a country are triable in Requisites of DOLO or MALICE:
the courts of such country. a. Freedom
EXCEPTION: When the crimes merely b. Intelligence
affect things within the vessel or c. Criminal Intent
when they only refer to the internal
management thereof. Mistake of Fact – is a misapprehension of
fact on the part of the person causing
 FRENCH RULE: injury to another. Such person is not
GENERAL RULE: Crimes committed criminally liable as he acted without
aboard vessel within the territorial criminal intent.
waters of a country are not triable
in the courts of said country. Requisites of mistake of fact as
EXCEPTION: When their commission a defense:
affects the peace and security of the a. That the act done would
territory or when the safety of the have been lawful had the
state is endangered. facts been as the
accused believed them
 In the Philippines, we follow the to be.
English Rule. b. That the intention of the
accused in performing
 In the case of a foreign warship, the the act should be lawful.
same is not subject to territorial c. That the mistake must
laws. be without fault or
carelessness on the part
TITLE ONE: FELONIES AND of the accused.
CIRCUMSTANCES WHICH AFFECT
CRIMINAL LIABILITY 2. Culpable Felonies - performed
without malice.
Chapter One: Felonies (Arts. 3-10) Requisites of CULPA:
a. Freedom
 ART. 3 – FELONIES b. Intelligence
c. Negligence and Imprudence
Felonies – are acts or omissions
punishable by the RPC.  REASON FOR PUNSHING ACTS OF
NEGLIGENCE: A man must use
ELEMENTS OF FELONIES (GENERAL) common sense and exercise due
1. there must be an act or omission ie, reflection in all his acts; it is his duty
there must be external acts. to be cautious, careful and prudent.

Mala Prohibita - the class of crimes 6. As to Violation of the Violation of

punishable by SPECIAL LAWS and where what RPC (General Special Laws
criminal intent is not, as a rule, laws are rule) (General rule)
necessary, it being sufficient that the violated
offender has the intent to perpetrate the
act prohibited by the special law.
Intent distinguished from Motive
MALA IN SE vs. MALA PROHIBITA INTENT MOTIVE
MALA 1. Is the purpose to 1. Is the moving
MALA IN SE PROHIBITA use a particular power which impels
means to effect one to act
1. As to The moral trait The moral such result
moral is considered. trait of the 2. Is an element of 2. Is NOT an
trait of Liability will offender is not the crime, except in element of the
the arise only when considered. It unintentional crime
offender there is dolo or is enough that felonies (culpable)
culpa. the prohibited 3. Is essential in 3. Is essential only
act was intentional felonies when the identity of
voluntarily the perpetrator is in
done. doubt
2. As to Good faith or Good faith is

use of lack of criminal not a defense.
 ART. 4 – CRIMINAL LIABILITY
good intent is a valid
faith as defense; unless
a the crime is the PAR. 1 - Criminal Liability for a felony
defense result of culpa. different from that intended to be
committed
3. As to The degree of The act gives
degree accomplishment rise to a crime REQUISITES:
of of the crime is only when it is a) That an intentional felony has been
accom- taken into consummated. committed.
plish- account in
b) That the wrong done to the
ment of punishing the
the offender. aggrieved party be the direct,
crime natural and logical consequence of
the felony committed.
4. As to Mitigating and Mitigating and
mitigati aggravating aggravating PROXIMATE CAUSE – that cause, which,
ng and circumstances circumstances in the natural and continuous sequence,
aggravat are taken into are generally unbroken by any efficient intervening
ing account in not taken into cause, produces the injury without which
circum- imposing the account. the result would not have occurred.
stances penalty.
5. As to When there is Degree of
degree more than one participation is Thus, the person is still criminally
of offender, the generally not liable in:
partici- degree of taken into 1. Error in personae- mistake in the
pation participation of account. All identity of the victim.
each in the who 2. Abberatio ictus – mistake in the
commission of participated in blow.
the crime is the act are 3. Praeter intentionem – lack of intent
taken into punished to to commit so grave a wrong.
account. the same
extent.
PAR. 2 (IMPOSSIBLE CRIME)
REQUISITES:
a) That the act performed would be an
offense against persons or property.

CHAIRPERSONS
Ethics)
b) That the act was done with evil DESISTANCE - is an absolutory cause
intent. which negates criminal liability because
c) That its accomplishment is the law encourages a person to desist
inherently impossible, or that the from committing a crime.
means employed is either - this is applicable only in
inadequate or ineffectual. the attempted stage.
d) That the act performed should not
constitute a violation of another OVERT ACTS – Some physical activity or
provision of the RPC. deed, indicating intention to commit a
particular crime, more than a mere
planning or preparation, which if carried
 ART. 6 – CONSUMMATED, to its complete termination following its
FRUSTRATED & ATTEMPTED natural course, without being frustrated
FELONIES by external obstacles, nor by voluntary
desistance of the perpetrator will
STAGES OF EXECUTION: logically ripen into a concrete offense.
1. CONSUMMATED FELONY
 When all the elements necessary for INDETERMINATE OFFENSE: One where
its execution and accomplishment the purpose of the offender in
are present. performing an act is not certain. The
accused maybe convicted for a felony
2. FRUSTRATED FELONY defined by the acts performed by him up
ELEMENTS: to the time of desistance.
a) The offender performs all the acts of
execution. 2 STAGES IN THE DEVELOPMENT OF A
b) All the acts performed would CRIME:
produce the felony as a 1) Internal acts
consequence.  Such as mere ideas in the mind
c) But the felony is not produced. of person.
d) By the reason of causes independent  Not punishable.
of the will of the perpetrator. 2) External acts cover:
a) Preparatory acts - ordinarily not
WHAT CRIMES DO NOT ADMIT OF punished except when
FRUSTRATED STAGE? considered by law as
1) Rape independent crimes (e.g. Art.
2) Bribery 304, Possession of picklocks and
3) Corruption of Public Officers similar tools)
4) Adultery b) Acts of Execution - punishable
5) Physical Injury under the RPC
3. ATTEMPTED FELONY  ART. 7 – LIGHT FELONIES

ELEMENTS:
a) The offender commences the  Light Felonies are punishable only
commission of the felony directly by when they have been consummated
overt acts. EXCEPT: If committed against
b) He does not perform all the acts of persons or property, punishable even
execution which should produce the if not consummated.
felony.
c) The offender’s acts are not stopped  Only principals and accomplices are
by his own spontaneous desistance. liable, accessories are not liable
even if committed against persons or
property.

 ART. 8 – CONSPIRACY AND PROPOSAL same felonious objective, with each

TO COMMIT FELONY doing his act, so that their acts
though seemingly independent were
REQUISITES OF CONSPIRACY in fact connected, showing a
1. That 2 or more persons came to an common design.
agreement.
2. That the agreement pertains to the  These overt acts must
commission of a felony. consist of:
3. That the execution of the felony was - active participation in the actual
decided upon. commission of the crime itself, or
- moral assistance to his co-
2 CONCEPTS OF CONSPIRACY conspirators by being present at the
1. Conspiracy as a crime by itself. time of the commission of the crime,
EXAMPLE: conspiracy to commit or
rebellion or insurrection, treason, - exerting a moral ascendance over
sedition. the other co-conspirators by moving
2. Conspiracy as a means of committing them to execute or implement the
a crime criminal plan (PEOPLE vs. ABUT, et
a) There is a previous and express al., GR No. 137601, April 24, 2003)
agreement;
b) The participants acted in concert REQUISITES OF PROPOSAL:
or simultaneously which is 1. That a person has decided to commit
indicative of a meeting of the a felony; and
minds towards a common 2. That he proposes its execution to
criminal objective. There is an some other person or persons.
implied agreement.
GENERAL RULE: Mere conspiracy or  ART. 9 – CLASSIFICATION OF

proposal to commit a felony is not FELONIES ACCORDING TO GRAVITY
punishable since they are only
preparatory acts Importance of Classification
EXCEPTION: in cases in which the law 1. To determine whether these felonies
specially provides a penalty therefor, can be complexed or not.
such as in treason, coup d’etat, and 2. To determine the prescription of the
rebellion or insurrection crime and the prescription of the
penalty.
“The act of one is the act of all”
GENERAL RULE: When conspiracy is Grave felonies – are those to which the
established, all who participated law attaches the capital punishment or
therein, irrespective of the quantity or penalties which in any of their periods
quality of his participation is liable are afflictive, in accordance with Art. 25
equally, whether conspiracy is pre- of the Code.
planned or instantaneous. EXCEPTION:
Unless one or some of the conspirators Less grave felonies – are those which
committed some other crime which is the law punishes with penalties which in
not part of the intended crime. their maximum period are correctional,
EXCEPTION TO THE EXCEPTION: When in accordance with Art. 25 of the Code.
the act constitutes a “single indivisible
offense”. Light felonies – are those infractions of
law for the commission of which the
 Conspiracy may be penalty of arresto menor or a fine not
inferred when two or more persons exceeding 200 pesos, or both, is
proceed to perform overt acts provided.
towards the accomplishment of the

CHAIRPERSONS
Ethics)
 ART. 10 – OFFENSES NOT SUBJECT UNLAWFUL AGGRESSION

TO THE PROVISIONS OF THE RPC - is equivalent to an actual
physical assault or, at least
GENERAL RULE: RPC provisions are - threatened assault of an
supplementary to special laws. immediate and imminent kind which is
EXCEPTION: offensive and positively strong, showing
1. Where the special law provides the wrongful intent to cause injury.
otherwise; and
2. When the provisions of the RPC are
impossible of application, either by TEST OF REASONABLENESS – the means
express provision or by necessary employed depends upon the nature and
implication. quality of the (1) weapon used by the
aggressor, and (2) his physical condition,
Thus, when the special law adopts the character, size and other circumstances,
penalties imposed in the RPC, such as (3) and those of the person defending
reclusión perpetua or reclusión himself, (4) and also the place and
temporal, the provisions of the RPC on occasion of the assault.
imposition of penalties based on stage of
execution, degree of participation, and
attendance of mitigating and aggravating  Perfect equality between the
circumstances may be applied by weapons used by the one defending
necessary implication. himself and that of the aggressor is
not required, nor material
commensurability between the
Chapter Two: Justifying Circumstances means of attack and defense.
and Circumstances Which Exempt from REASON: Because the person
Criminal Liability (Arts. 11-12) assaulted does not have sufficient
tranquility of mind to think and to
 ART. 11. JUSTIFYING calculate.
CIRCUMSTANCES
JUSTIFYING CIRCUMSTANCES – are those Rights included in self-defense:

where the act of a person is said to be in Self-defense includes not only the
accordance with law, so that such person defense of the person or body of the one
is deemed not to have transgressed the assaulted but also that of his rights, the
law and is free from both criminal and enjoyment of which is protected by law.
civil liability. There is no civil liability, Thus, it includes:
except in par. 4 of Art. 11, where the 1. The right to honor. Hence, a slap on
civil liability is borne by the persons the face is considered as unlawful
benefited by the act. aggression directed against the
honor of the actor (People vs. Sabio,
1. SELF- DEFENSE 19 SCRA 901).
2. The defense of property rights, only
REQUISITES: if there is also an actual and
a) Unlawful aggression (condition sine imminent danger on the person of
qua non); the one defending ( People vs
b) Reasonable necessity of the means Narvaez, 121 SCRA 389).
employed to prevent or repel it; and
c) Lack of sufficient provocation on the “Stand ground when in the right” - the
part of the person defending law does not require a person to retreat
himself. when his assailant is rapidly advancing
upon him with a deadly weapon.

3. The person defending be not induced

Under Republic Act 9262, known as the by revenge, resentment or other evil
Anti- Violence against Women and their motive.
Children Act of 2004: 4. AVOIDANCE OF GREATER EVIL OR
Victim-survivors who are found INJURY
by the courts to be suffering from
Battered Woman Syndrome do not incur REQUISITES:
any criminal or civil liability 1. That the evil sought to be avoided
notwithstanding the absence of any of actually exists:
the elements for justifying 2. That the injury feared be greater
circumstances of self-defense under the than that done to avoid it; and
RPC. (Sec. 26, R.A. No. 9262) The law 3. There be no other practical and
provides for an additional justifying less harmful means of preventing
circumstance. it.
Battered Woman Syndrome –
refers to a scientifically defined pattern  No civil liability except when there is
of psychological and behavioral another person benefited in which
symptoms found in women living in case the latter is the one liable.
battering relationships as a result of
cumulative abuse.  Greater evil must not be brought
Battery – refers to any act of about by the negligence or
inflicting physical harm upon the woman imprudence or violation of law by
or her child resulting to physical and the actor.
psychological or emotional distress.
5. FULFILLMENT OF DUTY; OR LAWFUL
2. DEFENSE OF RELATIVES EXERCISE OF RIGHT OR OFFICE.
REQUISITES: REQUISITES:
1. Unlawful Aggression; 1. That the accused acted in the
2. Reasonable necessity of the performance of a duty or in the
means employed to prevent or lawful exercise of a right or
repel it; and office;
3. In case the provocation was 2. That the injury caused or the
given by the person attacked, offense committed be the
the one making the defense had necessary consequence of the
no part therein. due performance of duty or the
lawful exercise of such right or
RELATIVES THAT CAN BE DEFENDED: office.
1. Spouse
2. Ascendants 6. OBEDIENCE TO AN ORDER ISSUED
3. Descendants FOR SOME LAWFUL PURPOSE.
4. Legitimate, natural or adopted
brothers and sisters, or relatives by REQUISITES:
affinity in the same degrees. 1. That an order has been issued by a
5. Relatives by consanguinity within the superior.
fourth civil degree. 2. That such order must be for some
lawful purpose
3. DEFENSE OF STRANGER 3. That the means used by the
subordinate to carry out said order
REQUISITES: is lawful.
1. Unlawful Aggression;
2. Reasonable necessity of the means  Subordinate is not liable for carrying
employed to prevent or repel it; and out an illegal order if he is not aware

CHAIRPERSONS
Ethics)
of its illegality and he is not exempt in all cases from criminal

negligent. liability.
 ART. 12. EXEMPTING TWO TESTS OF INSANITY:

CIRCUMSTANCES 1. Test of COGNITION – complete
deprivation of intelligence in
Exempting Circumstances (or the committing the crime.
circumstances for non-imputability) – 2. Test of VOLITION – total
are those grounds for exemption from deprivation of freedom of will.
punishment, because there is wanting in  The defense must prove
the agent of the crime any of the that the accused was insane at the
conditions which makes the act time of the commission of the crime
voluntary, or negligent. because the presumption is always in
favor of sanity.
BASIS:
The exemption from punishment is based  Insanity exists when
on the complete absence of intelligence, there is a complete deprivation of
freedom of action, or intent, or on the intelligence in committing the act.
absence of negligence on the part of the Mere abnormality of the mental
accused. faculties will not exclude
imputability. The accused must be
JUSTIFYING EXEMPTING "so insane as to be incapable of
CIRCUMSTANCE CIRCUMSTANCE entertaining criminal intent." He
1. It affects the act 1. It affects the actor must be deprived of reason and
not the actor. not the act. acting without the least discernment
2. The act is 2. The act because there is a complete absence
considered to have complained of is of the power to discern or a total
been done within the actually wrongful, deprivation of freedom of the will.
bounds of law; but the actor is not (PEOPLE vs. ANTONIO, GR No.
hence, legitimate liable. 144266, November 27, 2002)
and lawful in the
eyes of the law.
3. Since the act is 3. Since the act 2. PERSON UNDER NINE YEARS OF AGE
considered lawful, complained of is
there is no crime. actually wrong there  An infant under the age of nine years
is a crime but since is absolutely and conclusively
the actor acted presumed to be incapable of
without committing a crime.
voluntariness, there
is no dolo nor culpa  The phrase “under nine years”
should be construed “nine years or
4. Since there is no 4. Since there is a
crime, nor a crime committed
less”
criminal, there is though there is no
also no criminal or criminal, there is 3. PERSON OVER NINE YEARS OF AGE
civil liability. (except civil liability. AND UNDER 15 ACTING WITHOUT
Art. 11, par. 4) DISCERNMENT.
 Must have acted without

1. IMBECILITY OR INSANITY discernment.
Insanity or imbecility exists when there
is a complete deprivation of intelligence DISCERNMENT – mental capacity to fully
or freedom of the will. appreciate the consequences of an
 An insane person is not so exempt if unlawful act.
it can be shown that he acted during Discernment maybe shown by:
a lucid interval. But an imbecile is

a) The manner the crime was and should not be speculative,

committed: or fanciful, or remote fear.
b) The conduct of the offender after its
commission. “ACTUS ME INVITO FACTUS NON
EST MEUS ACTUS” – An act done by
4. ACCIDENT WITHOUT FAULT OR me against my will is not my act.
INTENTION OF CAUSING IT
7. INSUPERABLE CAUSE.
 Basis: Lack of negligence or intent.
INSUPERABLE CAUSE – some motive
ELEMENTS: which has lawfully, morally or physically
1. A person is performing a lawful act; prevented a person to do what the law
2. With due care; commands.
3. He causes injury to another by mere
accident; ELEMENTS:
4. Without fault or intention of causing 1. That an act is required by law to be
it. done.
2. That a person fails to perform such
5. A PERSON WHO ACTS UNDER THE act.
COMPULSION OF AN IRRESISTABLE 3. That his failure to perform such act
FORCE was due to some lawful or
insuperable cause.
ELEMENTS:
1. That the compulsion is by means of Examples:
physical force. a. The municipal president detained
2. That the physical force must be the offended party for three days
irresistable. because to take him to the nearest
3. That the physical force must come justice of the peace required a
from a third person. journey for three days by boat as
there was no other means of
 Basis: complete absence of freedom transportation. (US vs. Vicentillo, 19
or voluntariness. Phil. 118)
The distance which required a
 The force must be so irresistable as journey for three days was
to reduce the actor to a mere considered an insuperable cause.
instrument who act not only without Note: Under the law, the person
will but against his will. arrested must be delivered to the
nearest judicial authority at most
6. UNCONTROLLABLE FEAR within 18 hours (now 36 hours, Art.
125 RPC); otherwise, the public
ELEMENTS: officer will be liable for arbitrary
1. That the threat which causes the detention.
fear is of an evil greater than, or at
least equal to, that which he is b. A mother who at the time of
required to commit; childbirth was overcome by severe
2. That it promises an evil of such dizziness and extreme debility, and
gravity and imminence that the left the child in a thicket were said
ordinary man would have succumbed child died, is not liable for
to it. infanticide because it was physically
impossible for her to take home the
 Duress as a valid defense should be child. (People vs. Bandian, 63 Phil.
based on real, imminent, or 530).
reasonable fear for one’s life or limb

CHAIRPERSONS
Ethics)
The severe dizziness and mitigating circumstance. Hence, a

extreme debility of the woman mitigating circumstance arising from
constitute an insuperable cause. a single fact, absorbs all the other
mitigating circumstances arising
ABSOLUTORY CAUSES - are those where from the same fact.
the act committed is a crime but for
reasons of public policy and sentiment, BASIS : Diminution of either freedom of
there is no penalty imposed. action intelligence or intent or on the
lesser perversity of the offender.
Other absolutory causes: CLASSES ORDINARY PRIVILEGED

1. Spontaneous desistance (Art. 6) Source Subsections Arts. 68, 69
2. Accessories who are exempt from 1-10 of Art. and 64 of
criminal liability (Art. 20) 13 (RPC) RPC
3. Death or physical injuries inflicted As to the If not offset It operates
under exceptional circumstances effect (by an to reduce
aggravating the penalty
(Art. 247)
circumstanc by one to
4. Persons exempt from criminal e) it will two degrees
liability for theft, swindling and operate to depending
malicious mischief (Art. 332) have the upon what
5. Instigation penalty the law
imposed at provides
 Entrapment is NOT an absolutory its minimum
cause. A buy-bust operation period,
conducted in connection with illegal provided the
penalty is a
drug-related offenses is a form of
divisible one
entrapment. As to offset May be Cannot be
offset by offset
ENTRAPMENT INSTIGATION aggravating
1. Ways and 1. Instigator circums-
means are induces the would- tance
resorted to for the be accused to
capture of commit the crime, 1. INCOMPLETE JUSTIFYING OR
lawbreaker in the hence he becomes a
EXEMPTING CIRCUMSTANCES
execution of his co-principal.
criminal plan.
2. not a bar to 2. it will result in  Applies, when all the requisites
the prosecution the acquittal of the necessary to justify the act are not
and conviction of accused. attendant.
the lawbreaker
 But in the case of “incomplete self-
defense, defense of relatives, and
Chapter Three: Circumstances Which defense of a stranger”, unlawful
Mitigate Criminal Liability aggression must be present, it being
an indispensable requisite.
 ART.13 MITIGATING CIRCUMSTANCES
2. UNDER 18, OR OVER 70 YEARS OLD
MITIGATING CIRCUMSTANCES – those
which if present in the commission of  It is the age of the accused at the
the crime, do not entirely free the actor time of the commission of the crime
from criminal liability but serve only to which should be determined. His
reduce the penalty. age at the time of the trial is
immaterial.
 One single fact cannot be made
the basis of more than one Legal effects of various ages of
offender

1. Nine (9) years of age and below – 2. It must originate from the offended
exempting circumstance. (Art. 12, party.
par. 2) 3. The provocation must be immediate
2. Over 9 but not more than 15 – to the commission of the crime by
exempting unless, he acted with the person who is provoked.
discernment in which case penalty  The threat should not be offensive
is reduced to at least two (2) and positively strong. Otherwise,
degrees lower than that imposed. the threat to inflict real injury is an
(Art. 12, par. 3; Art. 68, par. 1) unlawful aggression, which may give
3. Above 15 but under 18 - regardless rise to self-defense.
of discernment, penalty is reduced
by one (1) degree lower than that 5. VINDICATION OF GRAVE OFFENSE
imposed. (Art. 68 par. 2)
4. Minor delinquent under 18 years of REQUISITES:
age, sentence suspended (Art. 192, 1. That there be a grave offense done
PD 603 as amended by PD 1179) to the one committing the felony,
5. 18 years or over – full criminal his spouse, ascendants;
responsibility. descendants, legitimate, natural or
6. 70 years or over – mitigating, no adopted brothers or sisters or
imposition of death penalty; if relatives by affinity within the same
already imposed, execution of degrees;
death penalty is suspended and 2. That the felony is committed in
commuted. immediate vindication of such grave
offense.
 BASIS: diminution of intelligence
 “Immediate” allows for a lapse of
3. NO INTENTION TO COMMIT SO time unlike in sufficient provocation,
GRAVE A WRONG as long as the offender is still
suffering from the mental agony
Rule for the application: brought about by the offense to him.
Can be taken into account only when the
facts proven show that there is a notable PROVOCATION VINDICATION
and evident disproportion between the 1. It is made 1. The grave
means employed to execute the criminal directly only to the offense may be
act and its consequences. person committing committed also
the felony. against the
offender’s relatives
 Intention may be ascertained by
mentioned by law.
considering:
2. The cause that 2. The offended
a) the weapon used brought about the party must have
b) the part of the body injured provocation need done a grave
c) the injury inflicted not be a grave offense to the
offense. offender or his
 BASIS : intent is diminished relatives mentioned
by law.
4. PROVOCATION OR THREAT 3. It is necessary 3. The vindication
that the provocation of the grave offense
or threat may be proximate,
PROVOCATION – any unjust or improper
immediately which admits of an
conduct or act of the offended party, preceded the act. INTERVAL of time.
capable of exciting, inciting or irritating
any one.
5. PASSION OR OBFUSCATION
REQUISITES:
1. The provocation must be sufficient. It requires that:
1. The accused acted upon an impulse.

CHAIRPERSONS
Ethics)
2. The impulse must be so powerful A surrender to be voluntary must be

that it naturally produced passion or spontaneous, showing the intent of the
obfuscation in him. accused to submit himself
unconditionally to the authorities, either
REQUISITES: because:
1. That there be an act, both unlawful 1. he acknowledges his guilt; or
and sufficient to produce such a 2. he wishes to save them the trouble
condition of mind; and expense necessarily incurred in
2. That said act which produced the his search and capture.
obfuscation was not far removed
from the commission of the crime by
a considerable length of time, during
which the perpetrator might recover
his normal equanimity. REQUISITES OF VOLUNTARY PLEA OF
GUILTY:
 A mitigating circumstance only when 1. That the offender spontaneously
the same arose from lawful confessed his guilt.
sentiments. 2. That the confession of guilt was
made in open court, that is, before
 BASIS: Loss of reasoning and self- the competent court that is to try
control, thereby diminishing the the case; and
exercise of his will power. 3. That the confession of guilt was
made prior to the presentation of
WHEN PASSION OR OBFUSCATION NOT evidence for the prosecution.
MITIGATING: When committed:  BASIS: lesser perversity of the
1. In the spirit of lawlessness, or offender.
2. In a spirit of revenge
8. PHYSICAL DEFECT OF OFFENDER
PASSION/ PROVOCATION
OBFUSCATION  When the offender is deaf and dumb,
- produced by an - the provocation blind or otherwise suffering from
impulse which may comes from the some physical defect, restricting his
be caused by injured party. means of action, defense or
provocation communication with others.
- the offense need -must immediately
not be immediate. It precede the
 The physical defect must relate to
is only required that commission of the
the influence thereof crime. the offense committed.
lasts until the
moment the crime is  BASIS: diminution of element of
committed voluntariness.
7. SURRENDER AND CONFESSION OF 9. ILLNESS OF THE OFFENDER

GUILT
REQUISITES:
REQUISITES OF VOLUNTARY 1. That the illness of the offender
SURRENDER: must diminish the exercise of his
1. That the offender had not been will-power.
actually arrested; 2. That such illness should not deprive
2. That the offender surrendered the offender of consciousness of his
himself to a person in authority or to acts.
the latter’s agent;
3. That the surrender was voluntary.  Includes illness of the mind not
amounting to insanity.
WHEN SURRENDER VOLUNTARY

 BASIS: diminution of intelligence and k) Breaking of parts of the house;

intent. l) Use of persons under 15 years of
age.
10. SIMILAR AND ANALOGOUS
CIRCUMSTANCES
2. Specific – those which apply only to
EXAMPLES: specific crimes, such as ignominy in
1) Impulse of jealousy, similar to crimes against chastity and cruelty
passion and obfuscation. and treachery which are applicable
2) Testifying for the prosecution, only to crimes against persons.
analogous to plea of guilty a) Disregard of rank, age or sex due
the offended party;
b) Abuse of superior strength or
Chapter Four: Circumstances which means be employed to weaken
Aggravate Criminal Liability (Art. 14) the defense;
c) Treachery (alevosia);
Aggravating circumstances – are those d) Ignominy;
which, if attendant in the commission of e) Cruelty;
the crime, serve to have the penalty f) Use of unlicensed firearm in the
imposed in its maximum period provided
murder or homicide committed
by law for the offense or change the
therewith (RA 8294).
nature of the crime.
BASIS:
3. Qualifying – those that change the
They are based on the greater perversity
nature of the crime.
of the offender manifested in the
 Alevosia (treachery) or evident
commission of the felony as shown by:
1. the motivating power itself, premeditation qualifies the
2. the place of the commission, killing of a person to murder.
3. the means and ways employed  Art. 248 enumerates the
4. the time, or qualifying aggravating
5. the personal circumstances of the circumstances which quality the
offender, or the offended party. killing of person to murder.
KINDS OF AGGRAVATING
CIRCUMSTANCES: 4. Inherent – those which of necessity
accompany the commission of the
1. Generic – those which apply to all crime, therefore not considered in
crimes, such as: increasing the penalty to be
a) Advantage taken of public imposed, such as:
position; a) Evident premeditation in
b) Contempt or insult of public robbery, theft, estafa, adultery
authorities; and concubinage;
c) Crime committed in the dwelling b) Abuse of public office in bribery;
of the offended party; c) Breaking of a wall or unlawful
d) Abuse of confidence or obvious entry into a house in robbery
ungratefulness; with the use of force upon
e) Place where crime is committed; things;
f) Nighttime, uninhabited place, or d) Fraud in estafa;
band; e) Deceit in simple seduction;
g) Recidivism (reincidencia); f) Ignominy in rape.
h) Habituality (reiteracion);
i) Craft, fraud or disguise;
j) Unlawful entry;
CHAIRPERSONS
Ethics)
5. Special – those which arise under 2. The same rule shall apply with
special conditions to increase the respect to any aggravating
penalty of the offense and cannot be circumstance inherent in the crime
offset by mitigating circumstances, to such a degree that it must of
such as: necessity accompany the commission
a) Quasi-recidivism (Art. 160); thereof. (Art. 62, par. 2)
b) Complex crimes (Art. 48); 3. Aggravating circumstances which
c) Error in personae (Art. 49); arise:
d) Taking advantage of public a) From the moral attributes of the
position and membership in an offender, or
organized/syndicated crime b) From his private relations with
group (Par.1[a], Art. 62). the offended party, or
c) From any personal cause,
GENERIC QUALIFYING shall only serve to aggravate the
AGGRAVATING AGGRAVATING liability of the principals,
CIRCUMSTANCE CIRCUMSTANCE accomplices and accessories as to
As to its effect whom such circumstances are
Increases the penalty To give the crime its attendant. (Art. 62, par. 3)
which should be proper and exclusive 4. The circumstances which consist
imposed upon the name and to place a) In the material execution of
accused to the the author thereof in the act, or
maximum period but such a situation as to b) In the means employed to
without exceeding deserve no other accomplish it,
the limit prescribed penalty than that shall serve to aggravate the liability
by law. specially prescribed
of those persons only who had
by law for said
crime. knowledge of them at the time of
the execution of the act or their
cooperation therein. Except when
As to whether it can be offset by a there is proof of conspiracy in which
mitigating circumstance case the act of one is deemed to be
May be offset by a Cannot be offset by a
mitigating mitigating
the act of all, regardless of lack of
circumstance. circumstance knowledge of the facts constituting
the circumstance. (Art. 62, par. 4)
5. Aggravating circumstances,
RULES ON AGGRAVATING regardless of its kind, should be
CIRCUMSTANCES specifically alleged in the
1. Aggravating circumstances shall not information AND proved as fully as
be appreciated if: the crime itself in order to increase
a) They constitute a crime specially the penalty. (Sec. 9, Rule 110, 2000
punishable by law, or Rules of Criminal Procedure)
b) They are included by the law in 6. When there is more than one
defining a crime and prescribing qualifying aggravating circumstance
a penalty therefor, shall not be present, one of them will be
taken into account for the appreciated as qualifying aggravating
purpose of increasing the while the others will be considered
penalty. as generic aggravating.
EXAMPLE: “That the crime be
committed by means of …fire,…
explosion” (Art. 14, par. 12) is in  ART. 14 – AGGRAVATING
itself a crime of arson (Art. 321) or a CIRCUMSTANCES
crime involving destruction (Art.
324). It is not to be considered to Par. 1. – That advantage be taken by
increase the penalty for the crime of the offender of his public position.
arson or for the crime involving
destruction.

 Applicable only when the offender is under Art. 152, that status is only for
a public officer. purposes of Art. 148 (direct assault)
 The offender must have abused his and Art. 152 (resistance and
public position or at least use of the disobedience).
same facilitated the commission of
the offense. Par. 3 – That the act be committed
 This circumstance cannot be taken (1) with insult or in disregard
into consideration in offenses where of the respect due the offended party
taking advantage of official position on account of his (a) rank, (b) age, or
is made by law an integral element (c) sex, or
of the crime, such as in malversation (2) that it be committed in the
under Art. 217, or in falsification of dwelling of the offended party, if the
a document committed by public latter has not given provocation.
officers under Art. 171.
 Taking advantage of a public position  The four circumstances enumerated
is also inherent in the case of should be considered as one
accessories under Art. 19, par. 3 aggravating circumstance only.
(harboring, concealing, or assisting  Disregard of rank, age or sex is
in the escape of the principal of the essentially applicable only to crimes
crime), and in crimes committed by against person or honor. They are
public officers (Arts. 204-245). not taken into account in crimes
against property.
 To be appreciated as an aggravating
Par. 2 – That the crime be committed circumstance, there must be
in contempt of or with insult to the evidence that in the commission of
public authorities. the crime, the offender deliberately
intended to offend or insult the sex,
REQUISITES OF THIS CIRCUMSTANCE: age and rank of the offended party.
1. That the public authority is engaged Rank of the offended party – is the
in the exercise of his functions. designation or title of distinction used to
2. That he who is thus engaged in the fix the relative position of the offended
exercise of said functions is not the party in reference to others.
person against whom the crime is - there must be a difference in
committed. the social condition of the offender and
3. The offender knows him to be a the offended party.
public authority.
4. His presence has not prevented the Age of the offended party – may refer
offender from committing the to old age or the tender age of the
criminal act. victim.
Public authority – sometimes also called Sex of the offended party – refers to
a person in authority, is a public officer the female sex, not to the male sex.
who is directly vested with jurisdiction,
that is, a public officer who has the THE AGGRAVATING CIRCUMSTANCE OF
power to govern and execute the laws; DISREGARD OF RANK, AGE, OR SEX IS
like a mayor, councilor, governor, NOT APPLICABLE IN THE FOLLOWING
barangay captain and barangay CASES:
chairman. 1. When the offender acted with
passion and obfuscation.
 A teacher or professor of a public or 2. When there exists a relationship
recognized private school is not a between the offended party and the
“public authority within the offender.
contemplation of this paragraph. 3. When the condition of being a
While he is a person in authority woman is indispensable in the

CHAIRPERSONS
Ethics)
commission of the crime. (e.g. in MEANING OF PROVOCATION IN THE

parricide, abduction, seduction and AGGRAVATING CIRCUMSTANCE OF
rape) DWELLING:
The provocation must be:
 Disregard of sex and age are not 1. Given by the owner of the dwelling,
absorbed in treachery because 2. Sufficient, and
treachery refers to the manner of 3. Immediate to the commission of the
the commission of the crime, while crime.
disregard of sex and age pertains to
the relationship of the victim  If all these conditions are present,
(People vs. Lapaz, March 31, 1989). the offended party is deemed to
have given the provocation, and the
Dwelling – must be a building or fact that the crime is committed in
structure, exclusively used for rest and the dwelling of the offended party is
comfort. A “combination of a house and not an aggravating circumstance.
a store” or a market stall where the REASON: When it is the offended
victim slept is not a dwelling. party who has provoked the incident,
- dwelling includes he loses his right to the respect and
dependencies, the foot of the staircase consideration due him in his own
and enclosure under the house. house.
 The aggravating circumstance of DWELLING IS NOT AGGRAVATING IN THE

dwelling requires that the crime be FOLLOWING CASES:
wholly or partly committed therein 1. When both the offender and the
or in any integral part thereof. offended party are occupants of the
 Dwelling does not mean the same house, and this is true even if
permanent residence or domicile of offender is a servant in the house.
the offended party or that he must  EXCEPTION: In case of adultery
be the owner thereof. He must, in the conjugal dwelling, the
however, be actually living or same is aggravating. However, if
dwelling therein even for a the paramour also dwells in the
temporary duration or purpose. conjugal dwelling, the applicable
aggravating circumstance is
 It is not necessary that the accused abuse of confidence.
should have actually entered the
dwelling of the victim to commit the 2. When robbery is committed by the
offense; it is enough that the victim use of force upon things, dwelling is
was attacked inside his own house, not aggravating because it is
although the assailant may have inherent.
devised means to perpetrate the  But dwelling is aggravating in
assault from without. robbery with violence against or
intimidation of persons because
WHAT AGGRAVATES THE COMMISSION this class of robbery can be
OF THE CRIME IN ONE’S DWELLING: committed without the necessity
1. The abuse of confidence which the of trespassing the sanctity of the
offended party reposed in the offended party’s house.
offender by opening the door to him;
or 3. In the crime of trespass to dwelling,
2. The violation of the sanctity of the it is inherent or included by law in
home by trespassing therein with defining the crime.
violence or against the will of the
owner. 4. When the owner of the dwelling gave
sufficient and immediate
provocation.

 There must exist a close relation  The ungratefulness contemplated by

between the provocation made par. 4 must be such clear and
by the victim and the manifest ingratitude on the part of
commission of the crime by the the accused.
accused.
Par. 5 – That the crime be committed
5. The victim is not a dweller of the (1) in the palace of the Chief
house. Executive, or in his presence,
or
Par. 4. – That the act be committed (2) where public authorities
with are engaged in the discharge
(1) abuse of confidence or of their duties, or
(2) obvious ungratefulness. (3) in a place dedicated to
religious worship.
 Par. 4 provides two aggravating
circumstances which, if present in  Except for the third which requires
the same case and must be that official functions are being
independently appreciated. performed at the time of the
 While one may be related to the commission of the crime, the other
other in the factual situation in the places mentioned are aggravating
case, they cannot be lumped per se even if no official duties or
together as abuse of confidence acts of religious worship are being
requires a special confidential conducted there.
relationship between the offender
and the victim, but this is not so in  Cemeteries, however respectable
ungratefulness. they may be, are not considered as
place dedicated to the worship of
God.
REQUISITES OF ABUSE OF CONFIDENCE:
1. That the offended party had trusted PAR. 5. Where PAR. 2. Contempt
the offender. public authorities or insult to public
2. That the offender abused such trust are engaged in authorities
by committing a crime against the the discharge of
offended party. their duties
3. That the abuse of confidence In both
facilitated the commission of the Public authorities are in the performance of
crime. their duties
 Abuse of confidence is inherent in Place where public duty is performed
malversation (Art. 217), qualified In their office. Outside of their
theft (Art. 310), estafa by conversion office.
or misappropriation (Art. 315), and
The offended party
qualified seduction (Art. 337).
May or may not be Public authority
the public authority should not be the
REQUISITES OF OBVIOUS offended party
UNGRATEFULNESS
1. That the offended party had trusted
the offender; Par. 6. – That the crime be committed
2. That the offender abused such trust (1) in the nighttime, or
by committing a crime against the (2) in an uninhabited place, or
offended party. (3) by a band, whenever such
3. That the act be committed with circumstance may facilitate the
obvious ungratefulness. commission of the offense.
 When present in the same case and

their element are distinctly palpable
CHAIRPERSONS
Ethics)
and can subsist independently, they at a considerable distance from town, or

shall be considered separately. where the houses are scattered at a
great distance from each other.
WHEN NIGHTTIME, UNINHABITED PLACE
OR BAND AGGRAVATING:  What actually determines whether
1. When it facilitated the commission this aggravating circumstance should
of the crime; or be considered against the accused,
2. When especially sought for by the aside from the distance and isolation
offender to insure the commission of of the place, is the reasonable
the crime or for the purpose of possibility of the victim receiving or
impunity; or securing aid from third persons.
3. When the offender took advantage
thereof for the purpose of impunity. Band (en cuadrilla) – whenever more
than three (i.e., at least four) armed
Nighttime (obscuridad) – that period of malefactors shall have acted together in
darkness beginning at end of dusk and the commission of an offense, it shall be
ending at dawn. Nights are from sunset deemed committed by a band.
to sunrise.  The requisite four armed persons
contemplated in this circumstance
 It is necessary that the commission must all be principals by direct
of the crime was begun and participation who acted together in
completed at nighttime. the execution of the acts
constituting the crime.
 When the place of the crime is
illuminated by light, nighttime is not If one of them was a principal by
aggravating. inducement, there would be no
cuadrilla but the aggravating
GENERAL RULE: Nighttime is absorbed in circumstance of having acted with
treachery. the aid of armed men may be
EXCEPTION: Where both the treacherous considered against the inducer if the
mode of attack and nocturnity were other two acted as his accomplice.
deliberately decided upon in the same
case, they can be considered separately  This aggravating circumstance is
if such circumstances have different absorbed in the circumstance of
factual bases. Thus: abuse of superior strength.
 In People vs. Berdida, et. al.  This aggravating circumstance is not
(June 30, 1966), nighttime was applicable in crimes against chastity.
considered since it was purposely
sought, and treachery was Par. 7 – That the crime be committed
further appreciated because the on the occasion of a conflagration,
victim’s hands and arms were shipwreck, earthquake, epidemic or
tied together before he was other calamity or misfortune.
beaten up by the accused.
 In People vs. Ong, et. al. (Jan. REASON FOR THE AGGRAVATION:
30, 1975), there was treachery The debased form of criminality met in
as the victim was stabbed while one who, in the midst of a great
lying face up and defenseless, calamity, instead of lending aid to the
and nighttime was considered afflicted, adds to their suffering by
upon proof that it facilitated the taking advantage of their misfortune to
commission of the offense and despoil them. Therefore it is necessary
was taken advantage of by the that the offender took advantage of the
accused. calamity or misfortune.
Uninhabited place (despoblado) – one Par. 8 – That the crime be committed

where there are no houses at all; a place with the aid of

(1) armed men or armed men may be the aggravating

(2)persons who insure or circumstance.
afford impunity.  “Aid of armed men” includes “armed
women.”
REQUISITES:
1. That armed men or persons took part Par. 9 – That the accused is a
in the commission of the crime, recidivist.
directly or indirectly.
2. That the accused availed himself of REQUISITES:
their aid or relied upon them when 1. That the offender is on trial for an
the crime was committed. offense;
2. That he was previously convicted by
 This aggravating circumstance final judgment of another crime;
requires that the armed men are 3. That both the first and the second
accomplices who take part in that offenses are embraced in the same
minor capacity directly or indirectly, title of the Code;
and not when they were merely 4. That the offender is convicted of the
present at the crime scene. Neither new offense.
should they constitute a band, for
then the proper aggravating MEANING OF “at the time of his trial
circumstance would be cuadrilla. for one crime.”
It is employed in its general sense,
including the rendering of the judgment.
WHEN THIS AGGRAVATING It is meant to include everything that is
CIRCUMSTANCE SHALL NOT BE done in the course of the trial, from
CONSIDERED: arraignment until after sentence is
1. When both the attacking party and announced by the judge in open court.
the party attacked were equally
armed.  Being an ordinary aggravating
2. When the accused as well as those circumstance, recidivism affects only
who cooperated with him in the the periods of a penalty, except in
commission of the crime acted under prostitution and vagrancy (Art. 202)
the same plan and for the same and gambling (PD 1602) wherein
purpose. recidivism increases the penalties by
degrees. No other generic
Par. 6 “By a Par. 8. “With the aggravating circumstance produces
band” aid of armed this effect.
men”
As to their number  In recidivism it is sufficient that the
Requires more than At least two succeeding offense be committed
three armed after the commission of the
malefactors (i.e., at preceding offense provided that at
least four) the time of his trial for the second
As to their action offense, the accused had already
Requires that more This circumstance is been convicted of the first offense.
than three armed present even if one
malefactors shall of the offenders
 If both offenses were committed on
have acted together merely relied on
in the commission of their aid, for actual the same date, they shall be
an offense. aid is not necessary. considered as only one, hence, they
cannot be separately counted in
order to constitute recidivism. Also,
 If there are four armed men, aid of judgments of convicted handed down
armed men is absorbed in on the same day shall be considered
employment of a band. If there are as only one conviction.
three armed men or less, aid of
CHAIRPERSONS
Ethics)
REASON: Because the Code requires the offender shall final judgment has
that to be considered as separate have served out his been rendered in
convictions, at the time of his trial sentence for the the first offense.
for one crime the accused shall have first offense
been previously convicted by final As to the kind of offenses involved
judgment of the other. The previous and Requires that the
subsequent offenses offenses be
 To prove recidivism, it is necessary
must not be em included in the
to allege the same in the information braced in the same same title of the
and to attach thereto certified copy title of the Code. Code.
of the sentences rendered against
the accused.
THE FOUR FORMS OF REPETITION ARE:
 Recidivism must be taken into
account no matter how many years 1. Recidivism (par. 9, Art. 14) – where a
have intervened between the first person, on separate occasions, is
and second felonies. convicted of two offenses embraced in
the same title in the RPC. This is a
 Even if the accused was granted a generic aggravating circumstance.
pardon for the first offense, but he
commits another felony embraced in 2. Reiteracion or habituality (par. 10,
the same title of the Code, the first Art. 14) – where the offender has been
conviction is still counted to make previously punished for an offense to
him a recidivist since pardon does which the law attaches an equal or
not obliterate the fact of his prior greater penalty or for two crimes to
conviction. which it attaches a lighter penalty. This
The rule is different in the case is a generic aggravating circumstance.
of amnesty which theoretically
considers the previous transgressions 3. Multi-recidivism or habitual
as not punishable. delinquency (Art. 62, par, 5) – where a
person within a period of ten years from
Par. 10 – That the offender has been the date of his release or last conviction
previously punished for an offense to of the crimes of serious or less serious
which the law attaches an equal or physical injuries, robbery, theft, estafa
greater penalty or for two or more or falsification, is found guilty of the
crimes to which it attaches a lighter said crimes a third time or oftener. This
penalty. is an extraordinary aggravating
circumstance.
REQUISITES of REITERACION or
HABITUALITY: 4. Quasi-recidivism (Art. 160) – Where a
1. That the accused is on trial for an person commits felony before beginning
offense; to serve or while serving sentence on a
2. That he previously served sentence previous conviction for a felony. This is
for another offense to which the law a special aggravating circumstance.
attaches an
a) Equal or  Since reiteracion provides that the
b) Greater penalty, or accused has duly served the
c) For two or more crimes to which sentence for his previous
it attaches a lighter penalty than conviction/s, or is legally considered
that for the new offense; and to have done so, quasi-recidivism
3. That he is convicted of the new cannot at the same time constitute
offense reiteracion, hence this aggravating
circumstance cannot apply to a
REITERACION RECIDIVISM quasi-recidivist.
As to the first offense
It is necessary that It is enough that a

 If the same set of facts constitutes without intent to kill, in view of P.D.
recidivism and reiteracion, the 1613 which provides a specific
liability of the accused should be penalty for that situation.
aggravated by recidivism which can
easily be proven. PAR. 12 “by PAR. 10 “on the
means of occasion of a
Par. 11 – That the crime be committed inundation, fire, conflagration,
in consideration of a price, reward or etc.” shipwreck, etc.
promise. The crime is The crime is
committed by committed on the
 When this aggravating circumstance means of any such occasion of a
is present, there must be two or acts involving great calamity or
waste or ruin. misfortune.
more principals, the one who gave or
offered the price or promise and the
one who accepted it, both of whom Par. 13 – That the act be committed
are principals. with evident premeditation
 If without previous promise it was REQUISITES:

given voluntarily after the crime had The prosecution must prove –
been committed as an expression of 1. The time when the offender
his appreciation for the sympathy determined to commit the crime;
and aid shown by the other accused, 2. An act manifestly indicating that the
it should not be taken into culprit has clung to his
consideration for the purpose of determination; and
increasing the penalty. 3. A sufficient lapse of time between
the determination and execution, to
 The price, reward or promise need allow him to reflect upon the
not consist of or refer to material consequences of his act and to allow
things or that the same were his conscience to overcome the
actually delivered, it being sufficient resolution of his will.
that the offer made by the principal
by inducement be accepted by the  To establish evident premeditation,
principal by direct participation it must be shown that there was a
before the commission of the period sufficient to afford full
offense. opportunity for meditation and
reflection, a time adequate to allow
Par. 12 – That the crime be committed the conscience to overcome the
by means of inundation, fire, poison, resolution of the will, as well as
explosion, stranding of a vessel or outward acts showing the intent to
intentional damage thereto, kill. It must be shown that the
derailment of a locomotive, or by the offender had sufficient time to
use of any other artifice involving reflect upon the consequences of his
great waste and ruin. act but still persisted in his
determination to commit the crime.
 When another aggravating (PEOPLE vs. SILVA, et. al., GR No.
circumstance already qualifies the 140871, August 8, 2002)
crime, any of these aggravating
circumstances shall be considered as  The essence of evident
generic aggravating circumstance premeditation is that the execution
only. of the criminal act is preceded by
cool thought and reflection upon the
 A killing committed through any of resolution to carry out the criminal
these qualifies the crime to murder, intent within a space of time
except if arson was resorted to but sufficient to arrive at a calm

CHAIRPERSONS
Ethics)
judgment. (PEOPLE vs. ABADIES, GR FRAUD CRAFT

No. 135975, August 14, 2002) Where there is a The act of the
direct inducement accused done in
 Evident premeditation is presumed by insidious words order not to arouse
to exist when conspiracy is directly or machinations, the suspicion of the
fraud is present. victim constitutes
established. When conspiracy is
craft.
merely implied, evident
premeditation cannot be presumed,
the latter must be proved like any  According to Justice Regalado, the
other fact. (PEOPLE vs. SAPIGAO, et. fine distinctions between “craft” and
al., GR No. 144975, June 18, 2003) “fraud” would not really be called
for as these terms in Art. 14 are
 Premeditation is absorbed by reward variants of means employed to
or promise. deceive the victim and if all are
present in the same case, they shall
 When the offender decides to kill a be applied as a single aggravating
particular person and premeditated circumstance.
on the killing of the latter, but when
he carried out his plan he actually  Craft and fraud may be absorbed in
killed another person, it cannot treachery if they have been
properly be said that he deliberately adopted as the means,
premeditated on the killing of the methods or forms for the
actual victim. treacherous strategy, or they may
co-exist independently where they
 But if the offender premeditated on are adopted for a different purpose
the killing of any person, it is proper in the commission of the crime.
to consider against the offender the
aggravating circumstance of  For instance:
premeditation, because whoever is  In People vs. San Pedro (Jan. 22,
killed by him is contemplated in his 1980), where the accused
premeditation. pretended to hire the driver in
order to get his vehicle, it was
Par. 14 – That (1) craft, (2) fraud, or held that there was craft
(3) disguise be employed directed to the theft of the
vehicle, separate from the
Craft (astucia) – involved the use of means subsequently used to
intellectual trickery or cunning on the treacherously kill the
part of the accused. defenseless driver.
- it is a chicanery  In People vs. Masilang (July 11,
resorted to by the accused to aid in the 1986) there was also craft where
execution of his criminal design. It is after hitching a ride, the
employed as a scheme in the execution accused requested the driver to
of the crime. take them to a place to visit
somebody, when in fact they had
Fraud (fraude) – insidious words or already planned to kill the
machinations used to induce the victim driver.
to act in a manner which would enable
the offender to carry out his design. Disguise (disfraz) – resorting to any
device to conceal identity.
 The test of disguise is whether the

device or contrivance resorted to by
the offender was intended to or did
make identification more difficult,

such as the use of a mask or false  Abuse of superior strength is

hair or beard. inherent in the crime of parricide
where the husband kills the wife. It
 The use of an assumed name in the is generally accepted that the
publication of a libel constitutes husband is physically stronger than
disguise. the wife.
Par. 15 – That (1) advantage be taken  Abuse of superior strength is also

of superior strength, or (2) means be present when the offender uses a
employed to weaken the defense. weapon which is out of proportion to
the defense available to the
 Par. 15 enunciates two aggravating offended party.
circumstances, namely, that
advantage was taken of superior “by a band” “abuse of superior
strength, or that means were strength”
employed by the offender to weaken The element of The gravamen of
the defense of the victim, either of band is appreciated abuse of superiority
which qualifies a killing to murder. when the offense is is the taking
committed by more advantage by the
MEANING OF “advantage be taken”: than three armed culprits of their
malefactors collective strength
To deliberately use excessive force that
regardless of the to overpower their
is out of proportion to the means for comparative relatively weaker
self-defense available to the person strength of the victim or victims.
attacked. (PEOPLE vs. LOBRIGAS, et. al., victim or victims.
GR No. 147649, December 17, 2002) Hence, what is
taken into account
here is not the
number of
NO ADVANTAGE OF SUPERIOR aggressors nor the
STRENGTH IN THE FOLLOWING: fact that they are
armed, but their
1. One who attacks another with relative physical
passion and obfuscation does not strength vis-a vis
take advantage of his superior the offended party.
strength.
2. When a quarrel arose unexpectedly  Abuse of superior strength absorbs
and the fatal blow was struck at a cuadrilla (“band”).
time when the aggressor and his
victim were engaged against each “Means employed to weaken defense”
other as man to man. - the offender employs means that
materially weakens the resisting power
 For abuse of superior strength, the of the offended party.
test is the relative strength of the
offender and his victim, whether or EXAMPLES OF “means employed to
not he took advantage of his greater weaken defense”
strength. 1. Where one, struggling with another,
suddenly throws a cloak over the
 When there are several offenders head of his opponent and while in
participating in the crime, they must this situation he wounds or kills him.
all be principals by direct 2. One who, while fighting with
participation and their attack against another, suddenly casts sand or dirt
the victim must be concerted and upon the latter eyes and then
intended to be so. wounds or kills him.
3. When the offender, who had the
intention to kill the victim, made the
CHAIRPERSONS
Ethics)
deceased intoxicated, thereby appreciated insofar as the killing is

materially weakening the latter’s concerned.
resisting power.  The suddenness of attack does not,
of itself, suffice to support a finding
 This circumstance is applicable only of alevosia, even if the purpose was
to crimes against persons, and to kill, so long as the decision was
sometimes against person and made all of a sudden and the
property, such as robbery with victim’s helpless position was
physical injuries or homicide. accidental.
 Treachery must be appreciated in
Par. 16 – That the act be committed the killing of a child even if the
with treachery (alevosia). manner of attack is not shown. It
exists in the commission of the crime
Treachery (alevosia) – is present when when the adult person illegally
the offender commits any of the crimes attacks a child of tender years and
against person, employing means, causes his death.
methods or forms in the execution
thereof which tend directly and specially WHEN MUST TREACHERY BE PRESENT:
to insure its execution, without risk to When the aggression is continuous,
himself arising from the defense which treachery must be present in the
the offended party might make. beginning of the assault. (PEOPLE vs.
MANALAD, GR No. 128593, August 14,
2002)
 Thus, even if the deceased was
REQUISITES OF TREACHERY: shot while he was lying wounded
1. That at the time of the attack, the on the ground, it appearing that
victim was not in a position to the firing of the shot was a mere
defend himself; and continuation of the assault in
2. That the offender consciously which the deceased was
adopted the particular means, wounded, with no appreciable
method or form of attack employed time intervening between the
by him. delivery of the blows and the
firing of the shot, it cannot be
 The test of treachery is not only the said that the crime was attended
relative position of the parties but, by treachery.
more specifically, whether or not the
victim was forewarned or afforded
the opportunity to make a defense When the assault was not continuous, in
or to ward off the attack. that there was interruption, it is
sufficient that treachery was present at
RULES REGARDING TREACHERY: the moment the fatal blow was given.
1. Applicable only to crimes against  Hence, even though in the
persons. inception of the aggression
2. Means, methods or forms need not which ended in the death of the
insure accomplishment of crime. deceased, treachery was not
3. The mode of attack must be present, if there was a break in
consciously adopted. the continuity of the aggression
and at the time of the fatal
 Treachery is taken into account even wound was inflicted on the
if the crime against the person is deceased he was defenseless,
complexed with another felony the circumstance of treachery
involving a different classification in must be taken into account.
the Code. Accordingly, in the special
complex crime of robbery with ALEVOSIA SHOULD BE CONSIDERED
homicide, treachery but can be EVEN IF:

1. The victim was not predetermined moral suffering or humiliation. (People

but there was a generic intent to vs. Carmina, G.R. No. 81404, January
treacherously kill any first two 28, 1991)
persons belonging to a class. (The
same rule obtains for evident  Applicable to crimes against
premeditation). chastity, less serious physical
2. There was aberratio ictus and the injuries, light or grave coercion, and
bullet hit a person different from murder.
that intended. (The rule is different
in evident premeditation). Par. 18 – That the crime be committed
3. There was error in personae, hence after an unlawful entry.
the victim was not the one intended
by the accused. (A different rule is Unlawful entry – when an entrance is
applied in evident premeditation). effected by a way not intended for the
REASON FOR THE RULE: When there purpose.
is treachery, it is impossible for
either the intended victim or the  Unlawful entry must be a means to
actual victim to defend himself effect entrance and not for escape.
against the aggression.
REASON FOR AGGRAVATION:
One who acts, not respecting the walls
erected by men to guard their property
and provide for their personal safety,
TREACHERY ABSORBS: shows a greater perversity, a greater
1. Craft audacity; hence, the law punishes him
2. Abuse of superior strength with more severity.
3. Employing means to weaken the
defense Par. 19 – That as a means to the
4. Cuadrilla (“band”) commission of a crime, a wall, roof,
5. Aid of armed men floor, door, or window be broken.
6. Nighttime
 This circumstance is aggravating only
Par. 17 – That means be employed or in those cases where the offender
circumstances brought about which resorted to any of said means to
add ignominy to the natural effects of enter the house. If the wall, etc., is
the act. broken in order to get out of the
Ignominy – is a circumstance pertaining
place, it is not an aggravating
to the moral order, which adds disgrace circumstance.
and obloquy to the material injury PAR. 19 PAR. 18
caused by the crime. It involves the Presupposes that
breaking there is no such
(rompimiento) of breaking as by entry
MEANING OF “which add ignominy to
the enumerated through the
the natural effects thereof” parts of the house. window.
The means employed or the
circumstances brought about must tend  If the offender broke a window to
to make the effects of the crime more enable himself to reach a purse with
humiliating to victim or to put the money on the table near that
offended party to shame, or add to his window, which he took while his
moral suffering. Thus it is incorrect to body was outside of the building, the
appreciate ignominy where the victim crime of theft was attended by this
was already dead when his body was aggravating circumstance. It is not
dismembered, for such act may not be necessary that the offender should
considered to have added to the victim’s have entered the building.
CHAIRPERSONS
Ethics)
1. That the injury caused be

Par. 20 – That the crime be committed deliberately increased by causing
(1) with the aid of persons other wrong;
under fifteen years of age, or 2. That the other wrong be unnecessary
(2) by means of motor for the execution of the purpose of
vehicles, airships, or other similar the offender.
means.
 Cruelty is not inherent in crimes
TWO DIFFERENT CIRCUMSTANCES against persons. In order for it to be
GROUPED IN THIS PARAGRAPH: appreciated, there must be positive
1. With the aid of persons under fifteen proof that the wounds found on the
years of age: body of the victim were inflicted
 Tends to repress, so far as while he was still alive in order
possible, the frequent practice unnecessarily to prolong physical
resorted to by professional suffering.
criminals to avail themselves of
minors taking advantage of their  If the victim was already dead when
irresponsibility. the acts of mutilation were being
2. By means of motor vehicles, airships, performed, this would also qualify
or other similar means: the killing to murder due to
 Intended to counteract the great outraging of his corpse.
facilities found by modern
criminals in said means to IGNOMINY CRUELTY (PAR.
commit crime and flee and (PAR.17) 21)
abscond once the same is Involves moral Refers to physical
committed. suffering suffering
 Use of motor vehicle is
aggravating where the accused  Unlike mitigating circumstances
purposely and deliberately used (par. 10, Art. 13), there is no
the motor vehicle in going to the provision for aggravating
place of the crime, in carrying circumstances of a similar or
away the effects thereof, and in analogous character.
facilitating their escape.
 ART. 15 – ALTERNATIVE
MEANING OF “or other similar means” CIRCUMSTANCES
Should be understood as referring to
motorized vehicles or other efficient Alternative circumstances – are those
means of transportation similar to which must be taken into consideration
automobile or airplane. as aggravating or mitigating according to
the nature and effects of the crime and
Par. 21 – That the wrong done in the the other conditions attending its
commission of the crime be commission.
deliberately augmented by causing
other wrong not necessary for its BASIS:
commission. The nature and effects of the crime and
the other conditions attending its
Cruelty – there is cruelty when the commission.
culprit enjoys and delights in making his
victim suffer slowly and gradually, THE ALTERNATIVE CIRCUMSTANCES
causing unnecessary physical pain in the ARE:
consummation of the criminal act. 1. Relationship;
2. Intoxication; and
REQUISITES OF CRUELTY: 3. Degree of instruction and education
of the offender.

even if the offended party is

RELATIONSHIP a descendant of the
The alternative circumstance of offender. But the serious
relationship shall be taken into physical injuries must not be
consideration when the offended party is inflicted by a parent upon
the – his child by excessive
a) Spouse, chastisement.
b) Ascendant, ii. It is mitigating when the
c) Descendant, offense committed is less
d) Legitimate, natural, or adopted serious physical injuries or
brother or sister, or slight physical injuries, if
e) Relative by affinity in the same the offended party is a
degree of the offender. relative of a lower degree.
iii. It is aggravating if the
OTHER RELATIVES INCLUDED: offended party is a relative
1. The relationship of stepfather or of a higher degree of the
stepmother and stepson or offender.
stepdaughter. c) When the crime is homicide or
REASON: It is the duty of the murder, relationship is
stepparents to bestow upon their aggravating even if the victim of
stepchildren a mother’s/father’s the crime is a relative of a lower
affection, care and protection. degree.
2. The relationship of adopted parent d) In rape, relationship is
and adopted child. aggravating where a stepfather
 But the relationship of uncle and raped his stepdaughter or in a
niece is not covered by any of the case where a father raped his
relationship mentioned. own daughter.
3. In crimes against chastity, like acts
WHEN RELATIONSHIP MITIGATING AND of lasciviousness (Art. 336),
WHEN AGGRAVATING: relationship is always aggravating,
1. As a rule, relationship is mitigating regardless of whether the offender is
in crimes against property, by a relative of a higher or lower
analogy to the provisions of Art. 332. degree of the offended party.
 Thus, relationship is mitigating
in the crimes of robbery (Arts.  When the qualification given to the
294-302), usurpation (Art. 312), crime is derived from the
fraudulent insolvency (Art. 314) relationship between the offender
and arson (Arts. 321-322, 325- and the offended party, it is neither
326). mitigating nor aggravating, because
it is inseparable from and inherent
2. In crimes against persons – in the offense. (e.g. parricide,
a) It is aggravating where the adultery and concubinage).
offended party is a relative of
I. a higher degree than the WHEN INTOXICATION MITIGATING AND
offender, or WHEN AGGRAVATING:
II. when the offender and the 1. Mitigating –
offended party are relatives i. If intoxication is not habitual, or
of the same level (e.g. ii. If intoxication is not subsequent
brothers) to the plan to commit a felony.
b) But when it comes to physical 2. Aggravating –
injuries: i. If intoxication is habitual, or
i. It is aggravating when the ii. If it is intentional (subsequent to
crime involves serious the plan to commit a felony).
physical injuries (Art. 263),

CHAIRPERSONS
Ethics)
TO BE ENTITLED TO THE MITIGATING 2. Accomplices

CIRCUMSTANCE OF INTOXICATION, IT 3. Accessories
MUST BE SHOWN:
1. That at the time of the commission FOR LIGHT FELONIES
of the criminal act, the accused has 1. Principals
taken such quantity of alcoholic 2. Accomplices
drinks as to blur his reason and
deprive him of a certain degree of  Accessories are not liable for light
control, and felonies.
2. That such intoxication is not REASON: In the commission of light
habitual, or subsequent to the plan felonies, the social wrong as well as
to commit the felony. the individual prejudice is so small
 To be mitigating, the accused’s state that penal sanction is deemed not
of intoxication must be proved. Once necessary for accessories.
intoxication is established by
satisfactory evidence, in the absence  The classification of the offenders as
of proof to the contrary, it is principal, accomplice, or an
presumed to be non-habitual or accessory is essential under the RPC.
unintentional. The classification maybe applied to
special laws only if the latter
Instruction or education provides for the same graduated
– as an alternative circumstance, penalties as those provided under
does not refer only to literary but more the RPC.
to the level of intelligence of the
accused. TWO PARTIES IN ALL CRIMES
- refers to the lack of sufficient
intelligence and knowledge of the full 1. Active subject (the criminal)
significance of one’s acts.  Art. 16 enumerates the active
- Low degree of instruction and subjects of the crime.
education or lack of it is generally 2. Passive subject (the injured party)
mitigating. High degree of instruction  Is the holder of the injured right:
and education is aggravating, when the the man, the juristic person, the
offender took advantage of his learning group, and the State.
in committing the crime.
 Only natural persons can be the
GENERAL RULE: Lack of sufficient active subject of crime because of
education is mitigating. the highly personal nature of the
EXCEPTIONS: criminal responsibility.
1. Crimes against property (e.g. arson,
estafa, theft, robbery)  However, corporation and
2. Crimes against chastity, and partnership can be a passive subject
3. Treason – because love of country of a crime.
should be a natural feeling of every
citizen, however unlettered or  Corpses and animals cannot be
uncultured he may be. passive subjects because they have
no rights that may be injured.
EXCEPTION: Under Art. 253, the
TITLE TWO: PERSONS CRIMINALLY crime of defamation may be
LIABLE FOR FELONIES committed if the imputation tends to
blacken the memory of one who is
 ART. 16 – WHO ARE CRIMINALLY dead.
LIABLE
 This article applies only when the
FOR GRAVE AND LESS GRAVE FELONIES offenders are to be judged by their
1. Principals

individual, and not collective, the crime was actually committed

liability. (or attempted) by another.
Thus, there can be no principal
by inducement (or by indispensable
 ART. 17 PRINCIPALS cooperation) unless there is a
principal by direct participation. But
THE FOLLOWING ARE PRINCIPALS: there can be a principal by direct
participation without a principal by
1. Those who take a direct part in the inducement (or by indispensable
execution of the act (PRINCIPAL BY cooperation).
DIRECT PARTICIPATION)
2. Those who directly force or induce TWO WAYS OF BECOMING PRINCIPAL BY
others to commit it (PRINCIPAL BY INDUCTION:
INDUCTION) 1. By directly forcing another to
3. Those who cooperate in the commit a crime by –
commission of the offense by a) Using irresistible force.
another act without which it would b) Causing uncontrollable fear.
not have been accomplished  In these cases, there is no
(PRINCIPAL BY INDISPENSABLE conspiracy, not even a unity of
COOPERATION). criminal purpose and intention.
Only the one using the force or
Par. 1 – Principals by direct causing the fear is criminally
participation liable. The material executor is
not criminally liable because of
REQUISITES: Art. 12, pars. 5 and 6 (exempting
1. That they participated in the circumstances)
criminal resolution; and 2. By directly inducing another to
2. That they carried out their plan and commit a crime by –
personally took part in its execution a) Giving of price, or offering of
by acts which directly tended to the reward or promise.
same end.  The one giving the price or
offering the reward or
MEANING OF “personally took part in promise is a principal by
its execution” inducement while the one
That the principal by direct participation committing the crime in
must be at the scene of the commission consideration thereof is a
of the crime, personally taking part in its principal by direct
execution. participation. There is
collective criminal
Par. 2 – Principals by induction responsibility.
b) Using words of command
REQUISITES  The person who used the
1. That the inducement be made words of command is a
directly with the intention of principal by inducement
procuring the commission of the while the person who
crime; and committed the crime
2. That such inducement be the because of the words of
determining cause of the commission command is a principal by
of the crime by the material direct participation. There
executor. is also collective criminal
responsibility.
 One cannot be held guilty of having
instigated the commission of the  The inducement must precede the
crime without first being shown that act induced and must be so

CHAIRPERSONS
Ethics)
influential in producing the criminal without criminal intent or

act that without it, the act would malice, his acquittal is not a
not have been performed. ground for the acquittal of the
principal by inducement.
 If the person who actually REASON FOR THE RULE: In
committed the crime had reason of exempting circumstances, such
his own to commit the crime, it as when the act is not voluntary
cannot be said that the inducement because of lack of intent on the
was influential in producing the part of the accused, there is a
criminal act. crime committed, only that the
accused is not a criminal.
PRINCIPAL BY OFFENDER WHO Par. 3 – Principal by indispensable

INDUCEMENT MADE PROPOSAL cooperation
TO COMMIT A
FELONY REQUISITES:
In both 1. Participation in the criminal
resolution, that is, there is either
There is an inducement to commit a crime anterior conspiracy or unity of
When liable criminal purpose and intention
immediately before the commission
Becomes liable only The mere proposal to of the crime charged; and
when the crime is commit a felony is 2. Cooperation in the commission of
committed by the punishable in treason the offense by performing another
principal by direct or rebellion.
act, without which it would not have
participation. However, the person
to whom the been accomplished.
proposal is made
should not commit
the crime,
otherwise, the MEANING OF “cooperation in the
proponent becomes commission of the offense”
a principal by Means to desire or wish in common a
inducement. thing. But that common will or purpose
What kind of crime involved does not necessarily mean previous
understanding, for it can be explained or
Involves any crime The proposal to be
inferred from the circumstances of each
punishable must
involve only treason case.
or rebellion.
 If the cooperation is not
indispensable, the offender is only
EFFECTS OF ACQUITTAL OF PRINCIPAL an accomplice.
BY DIRECT PARTICIPATION UPON
LIABILITY OF PRINCIPAL BY
INDUCEMENT: COLLECTIVE CRIMINAL RESPONSIBILITY
1. Conspiracy is negatived by the  This is present when the offenders
acquittal of co-defendant. are criminally liable in the same
2. One cannot be held guilty of having manner and to the same extent. The
instigated the commission of a crime penalty to be imposed must be the
without first being shown that the same for all.
crime has been actually committed  Principals by direct participation
by another. have collective criminal
 But if the one charged as responsibility. Principals by
principal by direct participation induction, except those who directly
is acquitted because he acted forced another to commit a crime,
and principals by direct participation

have collective criminal  The person charged as an accomplice

responsibility. Principals by should not have inflicted a mortal
indispensable cooperation have wound. If he inflicted a mortal
collective criminal responsibilities wound, he becomes a principal by
with the principals by direct direct participation.
participation.  In case of doubt, the participation of
the offender will be considered that
INDIVIDUAL CRIMINAL RESPONSIBILITY of an accomplice rather than that of
 In the absence of any previous a principal.
conspiracy, unity of criminal purpose
and intention immediately before
the commission of the crime, or  ART. 19 ACCESSORIES
community of criminal design, the Accessories are those who –
criminal responsibility arising from - having knowledge of
different acts directed against one the commission of the crime, and
and the same person is individual - without having
and not collective, and each of the participated therein either as
participants is liable only for the act principals or accomplices, take part
committed by him. subsequent to its commission in any
of the following acts:
 ART. 18 ACCOMPLICES 1. By profiting themselves or assisting

Accomplices are persons who, not the offender to profit by the effects
acting as principals, cooperate in the of the crime.
execution of the offense by previous and 2. Assisting the offender to profit by
simultaneous acts, which are not the effects of the crime.
indispensable to the commission of the 3. By concealing or destroying the body
crime. of the crime to prevent its discovery.
They act as mere instruments who  In profiting by the effects of the

perform acts not essential to the crime, the accessory must receive
perpetration of the offense. the property from the principal. He
should not take it without the
REQUISITES: consent of the principal. If he took it
1. That there be community of design; without the consent of the principal,
that is, knowing the criminal design he is not an accessory but a principal
of the principal by direct in the crime of theft.
participation, he concurs with the
latter his purpose; TWO CLASSES OF ACCESSORIES
2. That he cooperates in the execution CONTEMPLATED IN PAR. 3 OF ART. 19
of the offense by previous or a) Public officers who harbor, conceal
simultaneous acts, with the intention or assist in the escape of the
of supplying material or moral aid in principal of any crime (not light
the execution of the crime in an felony) with abuse of his public
efficacious way; and functions.
3. That there be a relation between the
acts done by the principal and those Requisites:
attributed to the person charged as 1. The accessory is a public officer.
an accomplice. 2. He harbors, conceals, or assists
in the escape of the principal.
 Before there could be an 3. The public officer acts with
accomplice, there must be a abuse of his public functions.
principal by direct participation.

CHAIRPERSONS
Ethics)
4. The crime committed by the  The prescribed acts of the accessory

principal is any crime, provided under par. 2 must have been
it is not a light felony. intended to prevent the discovery of
the crime, hence, mere silence does
b) Private persons who harbor, conceal not make one an accessory. If,
or assist in the escape of the author however, the crime involved is a
of the crime who is guilty of treason, conspiracy to commit treason, his
parricide, murder, or attempts silence may hold him liable for
against the life of the President, or misprision of treason (Art. 116) but
who is known to be habitually guilty as a principal thereof.
of some other crime.
 Where the accused misleads the
Requisites: authorities by giving them false
1. The accessory is a private information, such act is equivalent
person. to concealment and he should be
2. He harbors, conceals or assists in held as an accessory.
the escape of the author of the
crime.
3. The crime committed by the Anti-Fencing Law of 1979
principal is either: Pres. Decree 1612
i. Treason, Fencing – is an act, with intent to gain,
ii. Parricide, of buying, selling, receiving, possessing,
iii. Murder, keeping, or in any other manner dealing
iv. An attempt against the life of in anything of value which a person
the President, or knows or should have known to be
v. That the principal is known to derived from the proceeds of the crime
be habitually guilty of some of robbery or theft.
other crime.
Fence – is a person who commits the act
 Where the alleged principal is of fencing. A fence who receives stolen
acquitted, it is neither proper nor property as above-provided is not an
possible to convict the defendant as accessory but a principal in the crime
an accessory. The responsibility of defined in and punished by the Anti-
the accessory is subordinate to that Fencing Law.
of the principal in a crime Mere possession of anything of value
HOWEVER, conviction of an which has been the subject of robbery or
accessory is possible notwithstanding theft shall be prima facie evidence of
the acquittal of the principal, if the fencing.
crime was in fact committed, but
the principal was not held liable,
because of an exempting  ART. 20 – ACCESSORIES WHO ARE
circumstance (Art. 12), such as EXEMPT FROM CRIMINAL LIABLITY
insanity or minority.
 The exemption provided for in this
 Neither the letter nor the spirit of article is based on the ties of blood
the law requires that the principal and the preservation of the
be convicted before one may be cleanliness of one’s name, which
punished as an accessory. As long as compels one to conceal crimes
the corpus delicti is proved and the committed by relatives so near as
accessory’s participation as such is those mentioned in this article.
shown, he can be held criminally
responsible and meted out the AN ACCESSORY IS EXEMPT FROM
corresponding penalty (Inovero vs. CRIMINAL LIABLITY WHEN THE
Coronel, CA, 65 O.G. 3160). PRINCIPAL IS HIS –
1. spouse, or

2. ascendant, or 3. Must be personal – no one should be

3. descendant, or punished for the crime of another.
4. legitimate, natural or adopted 4. Must be legal – it is the consequence
brother, sister or relative by affinity of a judgment according to law.
within the same degree. 5. Must be certain – no one may escape
its effects.
ACCESSORY IS NOT EXEMPT FROM 6. Must be equal for all.
CRIMINAL LIABILITY EVEN IF THE 7. Must be correctional.
PRINCIPAL IS RELATED TO HIM, IF SUCH
ACCESSORY – PURPOSE OF THE STATE IN PUNISHING
1. profited by the effects of the crime, CRIMES
or The State has an existence of its own
2. assisted the offender to profit by the to maintain, a conscience to assert, and
effects of the crime. moral principles to be vindicated. Penal
REASON: Because such acts are justice must therefore be exercised by
prompted not by affection but by a the State in the service and satisfaction
detestable greed. of a duty, and rests primarily on the
moral rightfulness of the punishment
 Public officer contemplated in par. 3 inflicted.
of Art. 19 is exempt by reason of
relationship to the principal, even if  The basis of the right to punish
such public officer acted with abuse violations of penal law is the police
of his official functions. power of the State.
REASON: Ties of blood or relationship
constitutes a more powerful THEORIES JUSTIFYING PENALTY:
incentive than the call of duty. 1. Prevention – to prevent or suppress
the danger to the State arising from
P.D. 1829 penalizes the act of any the criminal act of the offender.
person who knowingly or willfully
obstructs, impedes, frustrates or delays 2. Self-defense – so as to protect
the apprehension of suspects and the society from the threat and wrong
investigation and prosecution of criminal inflicted by the criminal.
cases.
3. Reformation – the object of
 The benefits of the exception in Art. punishment in criminal cases is to
20 do not apply to PD 1829. correct and reform the offender.
TITILE THREE: PENALTIES 4. Exemplarity – the criminal is

punished to serve as an example to
Chapter One: Penalties in General deter others from committing
(Arts. 21-24) crimes.
Penalty – is the suffering that is inflicted 5. Justice – that crime must be

by the State for the transgression of the punished by the State as an act of
law. retributive justice, a vindication of
absolute right and moral law violated
DIFFERENT JURIDICAL CONDITIONS OF by the criminal.
PENALTY
1. Must be productive of suffering, THREE-FOLD PURPOSE OF PENALTY
without however affecting the UNDER THE CODE:
integrity of the human personality. 1. Retribution or expiation – the
2. Must be commensurate with the penalty is commensurate with the
offense – different crimes must be gravity of the offense.
punished with different penalties.

CHAIRPERSONS
Ethics)
2. Correction or reformation – shown by An act which when committed was not a

the rules which regulate the crime, cannot be made so by statute
execution of the penalties consisting without violating the constitutional
in deprivation of liberty. inhibition as to ex post facto laws. An ex
3. Social defense – shown by its post facto law is one which:
inflexible severity to recidivists and 1. Makes criminal an act done before
habitual delinquents. the passage of the law and which
was innocent when done;
2. Aggravates a crime, or makes it
 ART. 21 – PENALTIES THAT MAY BE greater than it was, when
IMPOSED committed;
3. Changes the punishment and inflicts
A felony shall be punishable only a greater punishment than the law
by the penalty prescribed by law at the annexed to the crime when
time of its commission. committed;
 It is a guaranty to the citizen of 4. Alters the legal rules of evidence,
this country that no acts of his, and authorizes conviction upon a less
will be considered criminal until or different testimony than the law
the Government has made it so required at the time of the
by law and has provided a commission of the offense;
penalty. 5. Assumes to regulate civil rights and
 REASON: Because a law cannot remedies only, in effect imposing a
be rationally obeyed unless it is penalty or deprivation of a right for
first shown, and a man cannot be something which when done was
expected to obey an order that lawful; and
has not been given. 6. Deprives a person accused of a crime
of some lawful protection to which
he has become entitled, such as the
 ART. 22 – RETROACTIVE EFFECT OF protection of a former conviction or
PENAL LAWS acquittal, or a proclamation of
amnesty.
 GENERAL RULE: Penal laws are
applied prospectively.  If retroactive effect of a new
EXCEPTION: When retrospective law is justified, it shall apply to the
application will be favorable to the defendant even if he is:
person guilty of a felony; Provided 1. presently on trial
that: for the offense;
2. has already been
1. The offender is NOT a habitual sentenced but service of which
criminal (delinquent) under Art. has not begun; or
62(5); 3. already serving
2. The new or amendatory law does sentence
NOT provide against its retrospective
application.  The retroactive effect of criminal
statutes does not apply to the
Habitual delinquent – a person who, culprit’s civil liability.
within a period of ten years from the REASON: The rights of offended
date of his release or last conviction of persons or innocent third parties are
the crimes of serious or less serious not within the gift of arbitrary
physical injuries, robbery, theft, estafa, disposal of the State.
or falsification, is found guilty of any
said crimes a third time or oftener.  The provisions of Art. 22 are
applicable even to special laws
EX POST FACTO LAW which provide more favorable
conditions to the accused.

However, marriage between the

Criminal liability under the repealed offender and the offended party EVEN
law subsists: AFTER the institution of the criminal
1. When the provisions of the former action or conviction of the offender will
law are reenacted; or extinguish the criminal action or remit
 The right to punish offenses the penalty already imposed against the
committed under an old penal offender, his co-principals, accomplices
law is not extinguished if the and accessories after the fact.
offenses are still punishable in
the repealing penal law. Rape (as amended by R.A. 8353)
2. When the repeal is by implication; or - The subsequent valid marriage
 When a penal law, which between the offender and the offended
impliedly repealed an old law, is party shall extinguish criminal liability or
itself repealed, the repeal of the the penalty imposed. In case the legal
repealing law revives the prior husband is the offender, subsequent
penal law, unless the language of forgiveness by the wife as offended party
the repealing statute provides shall also produce the same effect.
otherwise.
 If the repeal is absolute, criminal  Pardon by the offended party under
liability is obliterated. Art. 344 is ONLY A BAR to criminal
3. When there is a saving clause. prosecution; it is NOT a ground for
extinguishment of criminal liability.
 ART. 23- EFFECT OF PARDON BY THE  Nevertheless, civil liability may be

OFFENDED PARTY extinguished by the EXRESS WAIVER
of the offended party.
GENERAL RULE – Pardon by the offended
party does not extinguish the criminal
liability of the offender. REASON: A
crime committed is an offense against
the State. Only the Chief Executive can
pardon the offenders.
EXCEPTION - Pardon by the offended

party will bar criminal prosecution in the AN OFFENSE CAUSES
following crimes: TWO CLASSES OF INJURIES:
SOCIAL INJURY PERSONAL INJURY
Adultery and Concubinage (Art. Produced by the Caused to the victim
344, RPC) disturbance and of the crime who
– EXPRESS or IMPLIED pardon alarm which are the suffered damage
must be given by offended party to BOTH outcome of the either to his person, to
offense. his property, to his
offenders.
honor or to her
- Pardon must be given PRIOR to chastity.
institution of criminal action.
Is sought to be Is repaired through
Seduction, Abduction, Acts of repaired through indemnity.
Lasciviousness (Art. 344, RPC) the imposition of
the corresponding
penalty.
– EXPRESS pardon given by The offended party The offended party
offended party or her parents or cannot pardon the may waive the
grandparents or guardian offender so as to indemnity and the
- Pardon must be given PRIOR to relieve him of the State has no reason to
the institution of the criminal action. penalty. insist in its payment.

CHAIRPERSONS
Ethics)
suspension or fine as penalties for

violations of the RPC.
 ART. 24 – MEASURES OF PREVENTION
OR SAFETY WHICH ARE NOT  The deprivations of rights
CONSIDERED PENALTIES established in penal form by the civil
laws is illustrated in the case of
THE FOLLOWING ARE NOT CONSIDERED parents who are deprived of their
AS PENALTIES: parental authority if found guilty of
1. The arrest and temporary detention the crime of corruption of their
of accused persons, as well as their minor children, in accordance with
detention by reason of insanity or Art. 332 of the Civil Code.
imbecility, or illness requiring their
confinement in a hospital.  Where a minor offender was
2. The commitment of a minor to any committed to a reformatory
of the institutions mentioned in Art. pursuant to Art. 80 (now, PD 603),
80 (now Art. 192, PD No. 603) and and while thus detained he commits
for the purposes specified therein. a crime therein, he cannot be
3. Suspension from the employment or considered a quasi-recidivist since
public office during the trial or in his detention was only a preventive
order to institute proceedings. measure, whereas a quasi-recidivism
4. Fines and other corrective measures presupposes the commission of a
which, in the exercise of their crime during the service of the
administrative or disciplinary penalty for a previous crime.
powers, superior officials may
impose upon their subordinates.
5. Deprivation of rights and the Chapter Two: Classification of Penalties
reparations which the civil law may (Arts. 25-26)
establish in penal form.
 ART. 25 – PENALTIES WHICH MAY BE
IMPOSED
 The scale in Art. 25 is only a general

classification of penalties based on
their severity, nature and subject
Reasons why they are not penalties: matter.
1. Because they are not imposed as a
result of judicial proceedings. Those  The scale of penalties in Art. 70 is
mentioned in paragraphs 1, 3 and 4 provided for successive service of
are merely preventive measures sentences imposed on the same
before conviction of offenders. accused, in consideration of their
2. The offender is not subjected to or severity and natures.
made to suffer these measures in  The scales in Art. 71 are for the
expiation of or as punishment for a purpose of graduating the penalties
crime. by degrees in accordance with the
rules in Art. 61.
 Par. 1 does not refer to the
confinement of an insane or imbecile CLASSIFICATION OF PENALTIES UNDER
who has not been arrested for a ARTICLE 25:
crime. It refers to “accused persons” a) Based on their severity or gravity
who are detained “by reason of 1. Capital,
insanity or imbecility.” 2. Afflictive,
3. Correctional,
 Paragraphs 3 and 4 refer to 4. Light
administrative suspension and  This classification corresponds to
administrative fines and not to the classification of felonies in

Art. 9, into grave, less grave and disqualification, in direct

light. bribery (Art. 206).
b) Based on their nature III. Suspension is a principal
1. Principal penalties – those penalty in rendition of unjust
expressly imposed by the court interlocutory orders (Art. 206).
in the judgment of conviction.
May be further classified based
on divisibility  Bond to keep the peace is imposed
i. Divisible – are those that only in the crime of threats (Art.
have fixed duration and 284), either grave (Art. 282) or light
are divisible into three (Art. 283).
periods.
ii. Indivisible – are those
which have no fixed  ART. 26 FINE – WHEN AFFLICTIVE,
duration. These are: CORRECTIONAL OR LIGHT
1) Death
2) Reclusión perpetua FINE IS:
3) Perpetual absolute 1. Afflictive – over P6,000.00
or special 2. Correctional – P200.00 to P6,000.00
disqualification 3. Light penalty – less than P200.00
4) Public censure
2. Accessory penalties – are those  Same basis may be applied to
that are deemed included in the Bond to keep the peace by analogy.
principal penalties.
 This article determines the
c) Based on subject matter classification of a fine whether
1. Corporal (death). imposed as a single or as an
2. Deprivation of freedom alternative penalty for a crime.
(reclusion, prision, arresto).
3. Restriction of freedom  The rule herein does not apply
(destierro). where the fine involved is in a
4. Deprivation of rights compound penalty, that is, it is
(disqualification and suspension). imposed in conjunction with another
5. Pecuniary (fine). penalty.
 Perpetual or temporary absolute  Where the fine in question is exactly

disqualification, perpetual or P200, under Art. 9 it is a light
temporary special disqualification, felony, hence the felony involved is
and suspension may be principal or a light felony; whereas under Art.
accessory penalties. 26, it is a correctional penalty,
EXAMPLES: hence the offense involved is a less
I. Perpetual absolute grave felony. It has been held that
disqualification is a principal this discrepancy should be resolved
penalty in prevaricacion (Art. liberally in favor of the accused,
204) and perpetual special hence Art. 9 prevails over Art. 26
disqualification, in (People vs. Yu Hai, 99 Phil. 725).
malversation (Art. 217). HOWEVER, according to Justice
II. Temporary absolute Regalado there is no such
disqualification is a principal discrepancy. What is really in issue is
penalty when the accessory the prescription of the offense vis-a-
acts with abuse of public vis the prescription of the penalty,
functions (Art, 19[3] and Art. the former being the forfeiture of
58) and temporary special the right of the State to prosecute
the offender and the latter being the

CHAIRPERSONS
Ethics)
loss of its power to enforce the 1. When the offender is in prison – the
judgment against the convict. duration of temporary penalties is
from the day on which the judgment
of conviction becomes final.
Chapter Three: Duration and Effects of 2. When the offender is not in prison –
Penalties (Arts. 27-45) the duration of penalties consisting
in deprivation of liberty, is from the
Section One – Duration of Penalties day that the offender is placed at
 ART. 27 – DURATION OF EACH the disposal of judicial authorities
DIFFERENT PENALTIES for the enforcement of the penalty.
3. The duration of other penalties – the
1. Reclusión perpetua – 20 yrs. and 1 duration is from the day on which
day to 40 yrs. the offender commences to serve his
2. Reclusión temporal – 12 yrs. and 1 sentence.
day to 20 yrs.
3. Prisión mayor and temporary
disqualification – 6 yrs. and 1 day to  ART. 29 – PERIOD OF PREVENTIVE
12 yrs., except when disqualification IMPRISONMENT DEDUCTED FROM TERM
is an accessory penalty, in which OF IMPRISONMENT
case its duration is that of the
principal penalty. Preventive imprisonment – is the period
4. Prisión correccional, suspensión, and of detention undergone by an accused
destierro – 6 mos. and 1 day to 6 where the crime with which he is
yrs., except when suspensión is an charged is non-bailable or, even if
accessory penalty, in which case its bailable, he is unable to post the
duration is that of the principal requisite bail.
penalty.
5. Arresto mayor – 1 mo. And 1 day to 6  These rules on preventive
mos. imprisonment apply to all sentences
6. Arresto menor – 1 day to 30 days regardless of the duration thereof,
7. Bond to keep the peace – the period including the so-called perpetual
during which the bond shall be penalties as long as they involve
effective is discretionary on the deprivation of liberty. It applies to
court. destierro.
 Destierro is a principal, correctional When is the detention prisoner entitled

and divisible penalty. to the full credit of his preventive
imprisonment?
In what cases is destierro imposed? If the detention prisoner agrees
1. Serious physical injuries or death voluntarily in writing to abide by the
under exceptional circumstances. same disciplinary rules imposed upon
(Art. 247) convicted prisoners.
2. In case of failure to give bond for When will he be credited only with
good behavior. (Art. 284) four-fifths the time during which he
3. As a penalty for the concubine in has undergone preventive
concubinage. (Art. 334) imprisonment?
4. In cases where after reducing the If the detention prisoner does not agree
penalty by one or more degrees, to abide by the same disciplinary rules
destierro is the proper penalty. imposed upon convicted prisoners.
 In the case of a youthful offender

 ART. 28 – COMPUTATION OF who has been proceeded against
PENALTIES under the Child and Youth Welfare
Code, he shall be credited in the
service of his sentence with the full

time of his actual detention,  Bond to keep the peace is different

whether or not he agreed to abide from bail bond which is posted for
by the same disciplinary rules of the the provisional release of a person
institution. arrested for or accused of a crime.
The following offenders are not CIVIL INTERDICTION IN ART. 34 IS

entitled to be credited with the full IMPOSED WHEN THE PENALTY IS:
time or four-fifths of the time of 1. Death which is not carried out,
preventive imprisonment: 2. Reclusión perpetua,or
1. Recidivists or those convicted 3. Reclusión temporal
previously twice or more times of
any crime.
2. Those who, upon being summoned  ART. 36 – PARDON; ITS EFFECTS
for the execution of their sentence,
failed to surrender voluntarily. EFFECTS OF PARDON BY THE
PRESIDENT
 Habitual delinquents are included in 1. A pardon shall not restore the right
No. 1. to hold public office or the right of
suffrage.
 No. 2 refers to convicts who failed to EXCEPTION: When any or both such
voluntarily surrender to serve their rights is/are expressly restored by
penalties under a final judgment, the terms of the pardon.
since this is indicative of a greater
defiance of authority. It does not 2. It shall not exempt the culprit from
refer to failure or refusal to the payment of the civil liability.
voluntarily surrender after the
commission of the crime.
LIMITATIONS UPON THE EXERCISE OF
Section Two – Effects of the penalties THE PARDONING POWER:
according to their respective nature. 1. That the power can be exercised
only after conviction “by final
 A plebiscite is not mentioned or judgment”;
contemplated in Art.30, par. 2
(deprivation of the right to vote), 2. That such power does not extend to
hence, the offender may vote in that cases of impeachment.
exercise, subject to the provisions of GENERAL RULE: When the principal
pertinent election laws at the time. penalty is remitted by pardon, only the
effect of that principal penalty is
 Perpetual absolute disqualification is extinguished, but not the accessory
effective during the lifetime of the penalties attached to it.
convict and even after the service of EXCEPTION: When an absolute pardon is
the sentence. granted after the term of imprisonment
has expired, it removes what is left of
 Temporary absolute disqualification the consequences of conviction.
lasts during the term of the
sentence, and is removed after the PARDON BY THE PARDON BY
service of the same, EXCEPT: CHIEF EXECUTIVE OFFENDED PARTY
1) Deprivation of the public office (ART. 36) (ART. 23)
or employment, and As to the crime covered
2) Loss of all rights to retirement
pay or other pension for any Can extend to any Applies only to
office formerly held. crime, unless crimes against
otherwise provided chastity under the
by or subject to RPC.
conditions in the
CHAIRPERSONS
Ethics)
Constitution or the meaning each party bearing his own

laws. expenses.
 The payment of costs is a matter

As to extinguishment of criminal that rests entirely upon the
liability discretion of courts.
Extinguishes Does not extinguish
criminal liability. criminal liability
although it may
constitute a bar to  ART. 38 - PECUNIARY LIABILITIES
the prosecution of
the offender. What are the pecuniary liabilities of
persons criminally liable?
At to the effect on civil liability They are, in the following order:
Cannot affect the The offended party 1. The reparation of the damage caused
civil liability ex can waive the civil 2. Indemnification of the consequential
delicto of the liability. damages
offender. 3. Fine
When granted 4. Costs of proceedings.
Can be extended Can be validly
only after granted only before When is Art.38 applicable?
conviction by final the institution of In case the property of the offender
judgment of the the criminal action. should not be sufficient for the payment
accused. of all his pecuniary liabilities.
To whom granted
To any or all of the In adultery and
accused concubinage, must
include both  ART. 39 – SUBSIDIARY PENALTY
offenders.
As to whether it can be conditional Subsidiary penalty – it is a subsidiary
May be absolute or Cannot validly be personal liability to be suffered by the
conditional made subject to a convict who has no property with which
condition. to meet the fine, at the rate of one day
for each eight pesos (P8.00), subject to
the rules provided for in Art. 39.
 Subsidiary penalty shall be proper

only if the accused has no property
with which to pay the fine, and not
 ART. 37 – COSTS as a matter of choice on his part by
opting to go to jail instead of paying.
Costs or costs of suit – are the expenses
of litigation allowed and regulated by  Subsidiary penalty is not an
the Rules of Court to be assessed against accessory penalty, hence it must be
or to be recovered by a party in specifically imposed by the court in
litigation. its judgment, otherwise the accused
cannot be made to serve the
THE FOLLOWING ARE INCLUDED IN corresponding subsidiary
COSTS: imprisonment.
1. Fees, and
2. Indemnities, in the course of judicial RULES AS TO SUBSIDIARY PENALTY
proceedings. 1. If the penalty imposed is prisión
correccional or arresto and fine –
 Are chargeable to the accused only subsidiary imprisonment is not to
in cases of conviction. In case of exceed 1/3 of the term of the
acquittal, the costs are de oficio, sentence, and in no case to continue

for more than one year. Fraction or  The rules on subsidiary penalty in
part of a day, not counted. Art. 39 are applicable to crimes
2. When the penalty imposed is fine punishable by special laws by force
only – subsidiary imprisonment of Art. 10 of the Code.
a) not to exceed 6 months – if the
culprit is prosecuted for grave or Section Three – Penalties in which
less grave felony, and other accessory penalties are inherent
b) not to exceed 15 days – if
prosecuted for light felony. OUTLINE OF ACCESSORY PENALTIES
3. When the penalty imposed is higher INHERENT IN PRINCIPAL PENALTIES
than prisión correccional – no 1. Death, when not executed by reason
subsidiary imprisonment. of commutation or pardon
4. If the penalty imposed is not to be i. Perpetual absolute
executed by confinement, but of disqualification, and
fixed duration – subsidiary penalty ii. Civil interdiction during 30 years,
shall consist in the same deprivations if not expressly remitted in the
as those of the principal penalty, pardon.
under the same rules as nos. 1, 2 and
3 above. 2. Reclusión perpetua and reclusión
5. In case the financial circumstances temporal
of the convict should improve, he i. Civil interdiction for life or
shall pay the fine, notwithstanding during the sentence, and
the fact that the convict suffered ii. Perpetual absolute
subsidiary personal liability therefor. disqualification, unless expressly
remitted in the pardon of the
 When the penalty prescribed for the principal penalty.
offense is imprisonment, it is the
penalty actually imposed by the 3. Prisión mayor
Court, not the penalty provided for i. Temporary absolute
by the Code, which should be disqualification, and
considered in determining whether ii. Perpetual special disqualification
or not subsidiary penalty should be from suffrage, unless expressly
imposed. remitted in the pardon of the
principal penalty.
NO SUBSIDIARY PENALTY SHALL BE
IMPOSED WHERE: 4. Prisión correccional
1. The penalty imposed is higher than i. Suspension from public office,
prisión correccional or 6 years, profession or calling, and
 Additional penalty for habitual ii. Perpetual special disqualification
delinquency should be included from suffrage, if the duration of
in determining whether or not imprisonment exceeds 18
subsidiary penalty should be months, unless expressly
imposed. remitted in the pardon of the
principal penalty.
2. For non-payment of reparation or  There is perpetual special
indemnification, disqualification from suffrage,
only when the duration of the
3. For non-payment of costs, and imprisonment exceeds 18
months.
4. Where the penalty imposed is a fine
and another penalty without fixed 5. Arresto – suspension of the right to
duration, like censure. hold office and the right of suffrage
during the term of the sentence.

CHAIRPERSONS
Ethics)
 The Code does not provide for any  This accessory penalty presupposes a
accessory penalty for destierro. judgment of conviction. However,
even if the accused is acquitted on
reasonable doubt, but the
RECLUSION LIFE instruments or proceeds are
PERPETUA IMPRISONMENT contraband, the judgment of
Has a specific Has no definite term acquittal shall order their forfeiture
duration of 20 years or accessory for appropriate disposition.
and 1 day to 40 years penalties.
and accessory
penalties. Chapter Four: Application of Penalties
(Arts. 46-72)
Imposable on Imposable on crimes
felonies punished by punishable by special Section One – Rules for application of
the RPC. laws. penalties to the persons criminally
liable and for the graduation of the
same.
 ART. 45 – CONFISCATION AND
FORFEITURE OF THE PROCEEDS OF THE  ART. 46. PENALTY TO BE IMPOSED
CRIME UPON PRINCIPALS IN GENERAL
OUTLINE OF THE PROVISION OF THIS GENERAL RULE: The penalty prescribed

ARTICLE by law in general terms shall be imposed
1. Every penalty imposed carries with it upon the principals for a consummated
the forfeiture of the proceeds of the felony.
crime and the instruments or tools EXCEPT: When the penalty to be
used in the commission of the crime. imposed upon the principal in frustrated
2. The proceeds and instruments or or attempted felony is fixed by law.
tools of the crime are confiscated
and forfeited in favor of the GRADUATION OF PENALTIES
Government. 1. BY DEGREES – refers to
3. Property of a third person not liable a) the stages of execution
for the offense, is not subject to (consummated, frustrated, or
confiscation and forfeiture. attempted); and
4. Property not subject of lawful b) the degree of the criminal
commerce (whether it belongs to the participation of the offender
accused or to third person) shall be (whether as principal, accomplice or
destroyed. accessory).
2. BY PERIODS – refers to the proper
 The confiscation and forfeiture of period of the penalty which should be
the proceeds and instruments of a imposed when aggravating or mitigating
crime is an accessory penalty. circumstances attend the commission of
the crime.
The provisions of Art. 45 cannot apply
when
1. The instruments belong to innocent  ART. 47 CASES WHEREIN THE DEATH
third parties, PENALTY SHALL NOT BE IMPOSED
2. Such properties have not been 1. UNDER AGE. When the offender is
placed under the jurisdiction of the below 18 years of age at the time of
court, and the commission of the crime.
3. When it is legally or physically 2. OVER AGE. When the guilty person is
impossible. more than seventy (70) years of age.
3. NO COURT MAJORITY. When upon
appeal or automatic review of the
case by the Supreme Court, the vote

of eight members is not obtained for 2. That the single act

the imposition of the death penalty. produces: (1) two or more
grave felonies, or (2) one or
 Automatic review is available only in more grave and one or more
cases where death penalty is less grave felonies.
imposed (R.A. 7659).
2. COMPLEX CRIME PROPER (delito
CRIMES PUNISHABLE BY DEATH UNDER complejo) – an offense is a
THE DEATH PENALTY LAW (RA 7659) necessary means for committing
1. Treason the other.
2. Qualified Piracy REQUISITES:
3. Qualified Bribery 1. That at least two offenses
4. Parricide are committed;
5. Murder 2. That one or some of the
6. Infanticide offenses must be necessary
7. Kidnapping and Serious Illegal to commit the other;
Detention 3. That both or all of the
8. Robbery – with Homicide, Rape, offenses must be punished
Intentional Mutilation, or Arson under the same statute.
9. Rape – with the use of a deadly
weapon, or by two or more persons NO COMPLEX CRIME IN THE FOLLOWING
- where the victim became CASES
insane 1. In case of continuing crimes
- with Homicide 2. When one offense is committed to
10. Qualified Rape conceal the other.
11. Destructive Arson 3. When the other crime is an
12. Plunder indispensable part or an element of
13. Violation of certain provisions of the the other offenses.
Dangerous Drugs Act 4. Where one of the offenses is
14. Carnapping penalized by a special law.
 Art. 48 does not apply when the law
provides one single penalty for
 ART. 48 COMPLEX CRIMES special complex crime. These
include –
CONCEPT: Robbery with Homicide
1. In complex crime, although 2 or Robbery with Rape
more crimes are actually committed, Rape with Homicide
they constitute only one crime in the Kidnapping with Serious
eyes of the law as well as in the Physical Injuries
conscience of the offender. Kidnapping with Homicide or
2. The offender has only one criminal Murder
intent, hence there is only one
penalty imposed for the commission  The penalty for complex crime is the
of a complex crime. penalty for the most serious crime,
the same to be applied in its
TWO KINDS OF COMPLEX CRIMES: maximum period.
1. COMPOUND CRIME (delito
compuesto) – a single act  If different crimes resulting from one
constitutes 2 or more grave or less single act are punished with the
grave felonies. same penalty, the penalty for any
REQUISITES: one of them shall be imposed, the
1. That only a single act is same to be applied in the maximum
performed by the offender; period.

CHAIRPERSONS
Ethics)
 Art. 48 applies to crimes through performed by the constitute only one

negligence. E.g.: offender found offender constitutes crime, all of the
guilty of a complex crime of a separate crime, acts performed arise
homicide with less serious physical each act is from one criminal
generated by a resolution
injuries through reckless
criminal impulse
imprudence.
ART. 49 PENALTY TO BE IMPOSED
 When 2 felonies constituting a
UPON THE PRINCIPALS WHEN THE
complex crime are punishable by
CRIME COMMITTED IS DIFFERENT FROM
imprisonment and fine, respectively,
THAT INTENDED
only the penalty of imprisonment
should be imposed. REASON: fine is
RULES:
not included in the list of penalties
1. If the penalty for the felony
in the order of severity, and it is the
committed be higher than the
last in the graduated scales in Art.
penalty for the offense which the
71 of the RPC.
accused intended to commit, the
lower penalty shall be imposed in its
Plurality of Crimes- consists in the
maximum period.
successive execution, by the same
2. If the penalty for the felony
individual, of different criminal acts,
committed be lower than the
upon any of which no conviction has yet
penalty for the offense which the
been declared.
accused intended to commit, the
lower penalty shall be imposed in its
KINDS:
maximum period.
1. FORMAL OR IDEAL PLURALITY- only
3. If the act committed also constitutes
ONE CRIMINAL LIABILITY.
an attempt or frustration of another
THREE GROUPS UNDER THE
crime, and the law prescribes a
FORMAL TYPE:
higher penalty for either of the
a) When the offender commits
latter, the penalty for the attempted
any of the complex crimes in
or frustrated crime shall be imposed
ART 48.
in its maximum period.
b) When the law specifically
fixes a single penalty for two
 ART. 59. PENALTY TO BE IMPOSED IN
or more offenses committed.
CASE OF FAILURE TO COMMIT THE
c) When the offender commits
CRIME BECAUSE THE MEANS EMPLOYED
continuing crimes.
OR THE AIMS SOUGHT ARE IMPOSSIBLE
2. REAL OR MATERIAL PLURALITY -
DIFFERENT CRIMES in law, as well as
The penalty for impossible crime is
in the conscience of the offender;
Arresto Mayor (imprisonment of 1 mo
the offender shall be PUNISHED FOR
and 1 day to 6 mos) or fine ranging from
EACH and every offense that he
200-500pesos.
committed.
BASIS FOR THE IMPOSITION OF PROPER
CONTINUING CRIME – is a single crime,
PENALTY
consisting of a series of acts, but all
1. Social danger; and
arising from ONE CRIMINAL RESOLUTION;
2. Degree of criminality shown by the
length of time in the commission is
offender
immaterial.
 ART. 61. RULES OF GRADUATING
REAL OR CONTINUED
PENALTIES
MATERIAL CRIME
According to Arts. 50-57, the penalty
PLURALITY
prescribed by law for the felony shall be
1. There is a series 1. There is a series
of acts performed of acts performed
lowered by one or two degrees, as
by the offender by the offender follows:
2. Each act 2. The different acts

1. For the principal in frustrated felony 2. Mitigating circumstances have the

– one degree lower; effect of diminishing the penalty.
2. For the principal in attempted felony 3. Habitual delinquency has the effect,
– two degrees lower; not only of increasing the penalty
3. For the accomplice in consummated because of recidivism which is
felony – one degree lower; generally implied in habitual
4. For the accessory in consummated delinquency, but also of imposing an
felony – two degrees lower; additional penalty.
DIAGRAM OF THE APPLICATION OF REQUISITES OF HABITUAL DELIQUENCY:

ARTS. 50- 57: 1. that the offender had been
convicted of any of the crimes of
serious or less serious physical
CONSUM- FRUS- ATTEMP- injuries, robbery, theft, estafa or
MATED TRATED TED falsification.
2. that after conviction or after serving
Prin 0 1 2 his sentence, he again committed,
and, within 10 years from his last
Accom 1 2 3
release of first conviction, he was
Acces 2 3 4 again convicted of any of the said
crimes for the second time.
In this diagram, “0” represents the 3. that after his conviction of, or after
penalty prescribed by law in defining a serving sentence for the second
crime, which is to be imposed on the offense, he again committed, and,
principal in a consummated offense, in within 10 years from his last release
accordance with the provisions of Art. or last conviction, he was again
64. The other figures represent the convicted of any of said offenses,
degrees to which the penalty must be the third time or oftener.
lowered, to meet the different situations
anticipated by law. Habituality distinguished from recidivism
HABITUAL RECIDIVISM
Section Two – Rules for the application DELIQUENCY
of penalties with regard to the As to the CRIMES committed
mitigating and aggravating The crimes are It is sufficient that
circumstances, and habitual specified the accused on the
date of his trial,
delinquency shall have been
previously
convicted by final
judgment of
another crime
embraced in the
same title.
 ART. 62. EFFECTS OF THE As to the PERIOD of time the crimes
ATTENDANCE OF MITIGATING OR are committed
AGGRAVATING CIRCUMSTANCES AND OF The offender is found No period of time
HABITUAL DELIQUENCY guilty within ten between the
years from his last former conviction
release or last and the last
EFFECTS: conviction. conviction.
1. Aggravating circumstances (generic
As to the NUMBER of crimes
and specific) have the effect of
committed
increasing the penalty, without The accused must be The second offense
however exceeding the maximum found guilty the third is for an offense
period provided by law. time or oftener of found in the same
the crimes specified. title.
CHAIRPERSONS
Ethics)
As to their EFFECTS 3. When the penalty is only a fine

An additional penalty If not offset by a imposed by an ordinance
is also imposed mitigating 4. When the penalties are prescribed by
circumstance, special laws
serves to increase
the penalty only to  ART. 66. IMPOSITION OF FINES
the maximum
OUTLINE OF THE PROVISION:
ART. 63 RULES FOR THE APPLICATION
1. The court can fix any amount of the
OF INDIVISIBLE PENALTIES
fine within the limits established by
law.
OUTLINE OF THE RULES:
2. The court must consider: (1) the
1. When the penalty is single
mitigating and aggravating
indivisible, it shall be applied
circumstances; and (2) more
regardless of any mitigating (except
particularly, the wealth or means of
if privilege mitigating) or aggravating
the culprit.
circumstances.
3. The court may also consider: (1) the
2. When the penalty is composed of
gravity of the crime committed; (2)
two indivisible penalties, the
the heinousness of it s perpetration;
following rules shall be observed:
and (3) the magnitude of its effects
a) When there is only one
on the offender’s victims.
aggravating circumstance, the
greater penalty shall be
imposed.
 ART. 68. PENALTY TO BE IMPOSED
b) When there is neither mitigating
UPON A PERSON UNDER EIGHTEEN
nor aggravating circumstances,
YEARS OF AGE
the lesser penalty shall be
imposed.
APPLICATION OF ART. 68:
c) When there is a mitigating
 This article is not immediately
circumstance and no aggravating
applicable to a minor under 18 years
circumstance, the lesser penalty
of age, because such minor, if found
shall be imposed.
guilty of the offense charged, is not
d) When both mitigating and
sentenced to any penalty. The
aggravating circumstances are
sentence is suspended and he is
present, the court shall allow
ordered committed to the
them to offset one another.
reformatory institution, IF, his
application therefore is approved by
the court.
 This article is applicable when the

minor’s application for suspension of
sentence is DISAPPROVED or if while
in the reformatory institution he
 ART. 64 RULES FOR THE
becomes INCORRIGIBLE, in which
APPLICATION OF PENALTIES, WHICH
case he shall be returned to the
CONTAIN THREE PERIODS
court for the imposition of the
proper penalty.
CASES IN WHICH MITIGATING AND
AGGRAVATING CIRCUMSTANCES ARE
 ART. 70. SUCCESSIVE SERVICE OF
NOT CONSIDERED IN THE IMPOSITION
SENTENCE
OF PENALTY:
1. When the penalty is single and
THE THREE-FOLD RULE
indivisible (except if privileged
mitigating)
1. THE MAXIMUM DURATION OF THE
2. In felonies through negligence
CONVICT’S SENTENCE shall not be

more than three times the length of minimum, the next the medium, and the
time corresponding to the most most severe the maximum period.
severe of the penalties imposed upon
him.
2. But in no case to exceed 40 years. INDETERMINATE SENTENCE LAW (ISL)
3. This rule shall apply only when the Act No. 4103 as amended by Act No.
convict is to serve 4 or more 4225
sentences successively.
4. Subsidiary penalty forms part of the CONCEPT OF INDETERMINATE
penalty. SENTENCE – is a sentence with a
minimum term and a maximum term
DIFFERENT SYSTEMS OF PENALTY, which, the court is mandated to impose

RELATIVE TO THE EXECUTION OF TWO for the benefit of a guilty person who is
OR MORE PENALTIES IMPOSED ON ONE not disqualified therefore, when the
AND THE SAME ACCUSED maximum imprisonment exceeds one (1)
1. Material accumulation system year. It applies to both violations of
No limitation whatever, and Revised Penal Code and special laws.
accordingly, all the penalties for all
the violations were imposed even if A. SENTENCE IN THE ISL
they reached beyond the natural In imposing a prison sentence for an
span of human life. offense punished by the Revised Penal
2. Juridical accumulation system Code or special penal laws, the court
Limited to not more than three- shall sentence the accused to an
fold the length of time indeterminate sentence, which has a
corresponding to the most severe maximum and a minimum term based on
and in no case to exceed 40 years. the penalty actually imposed.
This is followed in our jurisdiction.
3. Absorption system  ISL application is mandatory, where
The lesser penalties are imprisonment would exceed one
absorbed by the graver penalties. year.
I. IF THE PENALTY IS
 ART. 72. PREFERENCE IN THE IMPOSED BY THE RPC:
PAYMENT OF CIVIL LIABILITIES 1. The Maximum Term – is that which
could be properly imposed under the
Civil liability is satisfied by following the RPC, considering the aggravating and
chronological order of the dates of the mitigating circumstances.
final judgment. 2. The MinimumTerm – is within the
range of the penalty one degree
lower than that prescribed by the
RPC, without considering the
Section Three – Provisions common in circumstances.
the last two preceding sections (Arts.  BUT when there is a privileged
73-77) mitigating circumstance, so that the
penalty has to be lowered by one
 ART. 77. WHEN THE PENALTY IS degree, the STARTING POINT for
A COMPLEX ONE COMPOSED OF determining the minimum term of
THREE DISTINCT PENALTIES the indeterminate penalty is the
penalty next lower than that
COMPLEX PENALTY - is a penalty prescribed by the Code for the
prescribed by law composed of three offense.
distinct penalties, each forming a
period: the lightest of them shall be the

CHAIRPERSONS
Ethics)
II. IF THE PENALTY IS IMPOSED BY c) Such release will not be

SPECIAL PENAL LAW incompatible with the welfare of
a) The Maximum Term – must not society.
exceed the maximum term fixed by
said law. D. ENTITLEMENT TO FINAL RELEASE
b) The Minimum Term – must not be AND DISCHARGE
less than the minimum term If during the period of surveillance such
prescribed by the same. paroled prisoner shall: (a) show himself
to be a law abiding citizen and, (b) shall
 For SPECIAL LAWS, it is anything not violate any law, the Board may issue
within the inclusive range of the a final certification in his favor, for his
prescribed penalty. Courts are given final release and discharge.
discretion in the imposition of the
indeterminate penalty. The E. SANCTION FOR VIOLATION OF
aggravating and mitigating CONDITIONS OF THE PAROLE
circumstances are not considered When the paroled prisoner shall violate
unless the special law adopts the any of the conditions of his parole: (a)
same terminology for penalties as the Board may issue an order for his
those used in the RPC (such as arrest, and thereafter, (b) the prisoner
reclusión perpetua and the like). shall serve the remaining unexpired
portion of the maximum sentence for
B. WHEN BENEFIT OF THE ISL IS NOT which he was originally committed to
APPLICABLE: prison.
The Indeterminate Sentence Law shall
not apply to the following persons: F. REASONS FOR FIXING THE MAXIMUM
1. sentenced to death penalty or life AND MINIMUM TERMS IN THE
imprisonment INDETERMINATE SENTENCE
2. treason, or conspiracy or proposal to The minimum and maximum terms in the
commit treason IS must be fixed, because they are the
3. misprision of treason, rebellion, basis for the following:
sedition or espionage 1. Whenever a prisoner has: (a) served
4. piracy the MINIMUM penalty imposed on
5. habitual delinquents him, and (b) is fit for release of the
6. escaped from confinement, or prisoner on parole, upon terms and
evaded sentence conditions prescribed by the Board.
7. granted with conditional pardon by 2. But when the paroled prisoner
the President, but violated the terms violates any of the conditions of his
thereof parole during the period of
8. maximum term of imprisonment surveillance, he may be rearrested
does not exceed 1 year to serve the remaining unexpired
9. sentenced to the penalty of portion of the MAXIMUM sentence.
destierro or suspension only 3. Even if a prisoner has already served
the MINIMUM, but he is not fitted for
C. RELEASE OF THE PRISONER ON release on the parole, he shall
PAROLE continue to serve until the end of
The Board of Pardons and Parole may the MAXIMUM term.
authorize the release of a prisoner on
parole, after he shall have served the THE CHILD AND YOUTH WELFARE CODE
minimum penalty imposed on him, (PD 603, as amended)
provided that:
a) Such prisoner is fitted by his training Who is a Youthful Offender?
for release, A youthful offender is a child, minor, or
b) There is reasonable probability that youth, including one who is emancipated
he will live and remain at liberty in accordance with law, who is over nine
without violating the law, years but under eighteen years of age at

the time of the commission of the programs; or (3) when his continued
offense. stay in the training institution would
 A child nine years of age or under at be inadvisable.
the time of the commission of the 6. When the youthful offender has
offense shall be exempt from reached the age of TWENTY-ONE
criminal liability and shall be while in commitment, the court shall
committed to the care of his or her determine whether-
father or mother, or nearest relative a) To DISMISS the case, if the
or family friend in the discretion of youthful offender has behaved
the court and subject to its properly and has shown his
supervision capability to be a useful member
of the community; or
 The same shall be done for a child b) To PRONOUNCE the judgment of
over nine years and under fifteen conviction, if the conditions
years of age at the time of the mentioned are not met.
commission of the offense, unless he 7. In the latter case, the convicted
acted with discernment, in which offender may apply for PROBATION.
case he shall be proceeded against in In any case, the youthful offender
accordance with Article 192. shall be credited in the service of his
sentence with the full time spent in
1. The purpose of the Child and Youth actual commitment and detention.
Welfare Code is to avoid a situation 8. The final release of a youthful
where JUVENILE OFFENDERS would offender, based on good conduct as
commingle with ordinary criminals in provided in Art. 196 shall not
prison. obliterate his CIVIL LIABILITY for
2. If the court finds that the youthful damages.
offender committed the crime 9. A minor who is ALREDY AN ADULT at
charged against him, it shall the time of his conviction is not
DETERMINE the imposable penalty entitled to a suspension of sentence.
and the civil liability chargeable
against him. PROBATION LAW OF 1976
3. The court may not pronounce (PD 968, AS AMENDED)
judgment of conviction but instead
SUSPEND all further proceedings if, A. CONCEPT
upon application of the youthful PROBATION is a disposition under
offender, it finds that the best which a defendant after conviction
interest of the public and that of the and sentence is released subject to
offender will be served thereby. conditions imposed by the court and
4. The benefits of Article 192 of PD to the supervision of a probation
603, as amended, providing for officer.
suspension of sentence, shall NOT
APPLY TO (1) a youthful offender
who once enjoyed suspension of
sentence under its provisions, or (2)
one who is convicted of an offense B. APPLICATION
punishable by death or life This shall apply to all offenders
imprisonment. except those entitled to benefits
5. The youthful offender shall be under PD 603 and similar laws.
RETURNED to the committing court
for pronouncement of judgment, C. RULES ON GRANT OF
when the youthful offender, (1) has PROBATION
been found incorrigible, or (2) has 1. After having convicted and
willfully failed to comply with the sentenced a defendant, the trial
conditions of his rehabilitation court MAY SUSPEND the execution of

CHAIRPERSONS
Ethics)
the sentence, and place the 1. Sentenced to serve a maximum term

defendant on probation, upon of imprisonment of more the 6
APPLICATION by the defendant years.
within the period for perfecting an 2. Convicted of subversion or any crime
appeal. against the national security or the
2. Probation may be granted whether public order.
the sentence imposed a term of 3. Previously convicted by final
imprisonment or fine only. judgment of an offense punished by
3. NO application for probation shall be imprisonment of not less than 1
entertained or granted if the month and 1 day and/or a fine not
defendant has PERFECTED AN less than P200.
APPEAL from the judgment of 4. Once placed on probation.
conviction.
4. Filing of application for probation H. CONDITIONS OF PROBATION
operates as a WAIVER OF THE RIGHT 2 KINDS OF CONDITIONS IMPOSED:
TO APPEAL. 1. Mandatory or general – once
5. The application shall be filed with violated, the probation is cancelled.
the trial court, and the order They are:
granting or denying probation shall a) Probationer: Presents himself to
NOT BE APPEALABLE. the probation officer designated
6. Accessory penalties are deemed to undertake his supervision, at
suspended once probation is such place as may be specified in
granted. the order, within 72 hours from
receipt of order;
D. POST-SENTENCE INVESTIGATION b) He reports to the probation
The convict is not immediately placed on officer at least once a month.
probation. There shall be a prior 2. Discretionary or special – additional
investigation by the probation officer conditions listed, which the courts
and a determination by the court. may additionally impose on the
probationer towards his correction
E. CRITERIA FOR PLACING AN and rehabilitation outside prison.
OFFENDER ON PROBATION HOWEVER, the enumeration is not
The court shall consider: inclusive. Probation statutes are
1. All information relative to the liberal in character and enable the
character, antecedents, courts to designate practically ANY
environment, mental, and physical term it chooses, as long as the
condition of the offender. probationer’s Constitutional rights
2. Available institutional and are not jeopardized. Also, they must
community resources. not be unduly restrictive of
probationer, and not incompatible
F. PROBATION SHALL BE DENIED IF with the freedom of conscience of
THE COURT FINDS THAT: probationer.
1. The offender is in need of
correctional treatment that can be
provided effectively by his
commitment to an institution.
2. There is undue risk of committing I. PERIOD OF PROBATION
another crime. FOR HOW LONG MAY A CONVICT BE
3. Probation will depreciate the PLACED ON PROBATION?
seriousness of the offense 1. If the convict is sentenced to a term
committed. of imprisonment of NOT more than
one year, the period of probation
G. DISQUALIFIED OFFENDERS shall not exceed 2 years.
THE BENEFITS OF THE DECREE SHALL
NOT BE EXTENDED TO THOSE:

2. In all other cases, if he is sentenced Death sentence shall be suspended

to more than one year, said period when accused is a:
shall not exceed 6 years. 1. Woman, while pregnant,
3. When the sentence imposes a fine 2. Woman, within one year after
only and the offender is made to delivery,
serve subsidiary imprisonment. The 3. Person over 70 years of age;
period of probation shall be twice 4. Convict who becomes insane, after
the total number of days of final sentence of death has been
subsidiary imprisonment. pronounced.
J. ARREST OF PROBATIONER AND

SUBSEQUENT DISPOSITIONS  ART. 87. DESTIERRO
1. At any time during probation, the
court may issue a warrant for the ONLY IN THE FOLLOWING CASES IS
ARREST of a probationer for any DESTIERRO IMPOSED:
serious violation of the conditions of 1. Death or serious physical injuries is
probation. caused or are inflicted under
2. If violation is established, the court exceptional circumstances (Art.
may (a) REVOKE his probation, or (b) 247);
continue his probation and MODIFY
the conditions thereof. This order is 2. Failure to give bond for good
not appealable. behavior in grave and light threats
3. If revoked, the probationer shall (Art. 284);
SERVE the sentence originally 3. Penalty for the concubine in
imposed. concubinage (Art. 334);
4. When, after reducing the penalty by
K. TERMINATION OF PROBATION one or more degrees, destierro is the
The court may order the final discharge proper penalty.
of the probationer upon finding that, he
has fulfilled the terms and conditions of
his probation. TITLE FOUR: EXTINCTION OF CRIMINAL
LIABILITY
L. EFFECTS OF TERMINATION
OF PROBATION Chapter One: Total Extinction of
1. Case is deemed terminated. Criminal Liability (Arts. 89-93)
2. Restoration of all civil rights lost or
suspended.  ART. 89. CRIMINAL LIABILITY IS
3. Fully discharges liability for any fine TOTALLY EXTINGUISHED
imposed.
HOW CRIMINAL LIABLITY TOTALLY
 Note that the probation is NOT EXTINGUISHED:
coterminous with its period. There 1. By the DEATH of the convict as to
must be an order issued by the court personal penalties; BUT as to
discharging the probationer. pecuniary penalties, liability is
extinguished only when the death of
the offender occurs before or after
final judgment
Chapter Five: Execution and Service of

Penalties (Arts. 78-88) 2. By SERVICE OF SENTENCE;
3. By AMNESTY, which completely
 ART. 83. SUSPENSION OF THE extinguishes the penalty and all its
EXECUTION OF THE DEATH SENTENCE effects.
4. By ABSOLUTE PARDON

CHAIRPERSONS
Ethics)
5. By PRESCRIPTION OF THE CRIME pardon.

6. By PRESCRIPTION OF PENALTY 4. Does not alter 4. Makes an ex-
7. By MARRIAGE OF THE OFFENDED the fact that the convict no longer a
WOMAN with the offender in the accused is a recidivist, because it
recidivist as it obliterates the last
crimes of rape, seduction,
produces only the vestige of the crime.
abduction, and acts of extinction of the
lasciviousness. In the crimes of rape, personal effects of
seduction, abduction, and acts of the penalty.
lasciviousness, the marriage, as 5. Does not 5. Does not
provided under Art 344, must be extinguish the extinguish the civil
contracted in good faith. civil liability of liability of the
the offender offender
AMNESTY – is an act of the sovereign 6. Being PRIVATE 6. Being a
power granting oblivion or general ACT by the Proclamation of the
pardon for a past offense, and is rarely if President, must be Chief Executive with
ever exercised in favor of a single pleaded and proved the concurrence of
individual, and is usually extended in by the person Congress; is a PUBLIC
behalf of certain classes of persons who pardoned ACT of which the
courts should take
are subject to trial but have not yet
judicial notice
been convicted.
Prescription of the crime – is the
PARDON – is an act of grace, proceeding
forfeiture or loss of the right of the State
from the power entrusted with the
to prosecute the offender, after the
execution of the laws, which exempts
lapse of a certain time.
the individual on whom it is bestowed
from the punishment the law inflicts for
PRESCRIPTIVE PERIODS OF CRIMES:
the crime he has committed.
1. Crimes punishable by
a) Death, reclusión perpetua or
Pardon distinguished from amnesty
reclusión temporal – 20 years
PARDON AMNESTY
b) afflictive penalties – 15 years
1. Includes any 1. A blanket pardon c) correctional penalties – 10 years
crime and is to classes of persons except those punishable by
exercised or communities who arresto mayor which shall
individually by the may be guilty of prescribe in 5 years.
President political offenses.  When the penalty fixed by law is
a compound one, the highest
2. Exercised when 2. May be exercised penalty shall be made the basis
the person is even before trial or of the application of the rules
already convicted investigation is had contained above.
2. Crime of libel – 1 year
3. Merely looks 3. Looks BACKWARD
FORWARD and and abolishes and 3. Offenses of oral defamation and
relieves the puts into oblivion the slander by deed – 6 months
offender from the offense itself; it so 4. Light offenses – 2 months
consequences of an overlooks and
offense of which he obliterates the Prescription of the penalty – is the loss
has been convicted; offense with which or forfeiture of the right of the
it does not work for he is charged that government to execute the final
the restoration of the person released sentence, after the lapse of a certain
the rights to hold by amnesty stands
time.
public office, or before the law
the right of precisely as though
suffrage, unless he had committed no
such rights are offense.
expressly restored PRESCRIPTIVE PERIODS OF PENALTIES:
by means of

1. Death and reclusión perpetua – 20 4. By PAROLE

years a. Parole – is the suspension of the
2. Other afflictive penalties – 15 years sentence of a convict, after
3. Correctional penalties – 10 years serving the minimum term of
except for the penalty of arresto the indeterminate penalty,
mayor which prescribes in 5 years. without being granted a pardon,
4. Light penalties – 1 year prescribing the terms upon which
the sentence shall be suspended
 ART. 93. COMPUTATION OF THE b. If the convict fails to observe the

PRESCRIPTION OF PENALTIES condition of the parole, the
Board of Pardons and Parole is
OUTLINE authorized to :
1. Period of prescription commences to (1) direct his ARREST AND
run from the date when the culprit RETURN TO CUSTODY and
evaded the service of his sentence. thereafter;
2. It is interrupted when the convict (2) to CARRY OUT HIS SENTENCE
a) gives himself up, WITHOUT REDUCTION of the time
b) is captured, that has elapsed between the date
c) goes to a foreign country with of the parole and the subsequent
which we have no extradition arrest.
treaty, or 5. By PROBATION. See Probation Law
d) commits any crime before the page42
expiration of the period of
prescription. Conditional pardon distinguished from
parole
ELEMENTS CONDITIONAL PAROLE
1. That the penalty is imposed by final PARDON
judgment 1. May be given at any 1. May be given after
2. That the convict evaded the service time after final the prisoner has
of his sentence by escaping during judgment; is granted served the minimum
the term of his sentence by the Chief Executive penalty; is granted by
3. The convict who escape from prison under the provisions the Board of Pardons
has not given himself up, or been of the Administrative and Parole under the
captured, or gone to a foreign Code provision of the
country Indeterminate
Sentence Law
4. That the penalty has prescribed
2. For violation of the 2. For violation of the
because of the lapse of time from
conditional pardon, terms of the parole,
the date of the evasion of service of the convict may be the convict CANNOT
the sentence by the convict. ordered re-arrested or BE PROSECUTED
re-incarcerated by the UNDER ART. 159 OF
Chapter Two: Partial Extinction of Chief Executive, or THE RPC, he can be
Criminal Liability (Arts. 94-99) may be PROSECUTED re-arrested and re-
under Art. 159 of the incarcerated to serve
 ART. 94. PARTIAL EXTINCTION OF Code the unserved portion
CRIMINAL LIABILITY of his original penalty.
CRIMINAL LIABILITY IS PARTIALLY TITLE FIVE: CIVIL LIABILITY

EXTINGUISHED:
1. By CONDITIONAL PARDON; Chapter One: Persons Civilly Liable for
2. By COMMUTATION OF SERVICE Felonies (Arts. 100-103)
3. For GOOD CONDUCT ALLOWANCES  ART. 100. CIVIL LIABILITY OF A
which the culprit may earn while he PERSON GUILTY OF FELONY
is serving sentence;
A CRIME HAS A DUAL CHARACTER:
CHAIRPERSONS
Ethics)
1. As an offense against the state, EXCEPT:

because of the disturbance of the 1. No civil liability in paragraph 4 of
social order; and Art. 12 which provides for injury
2. As an offense against the private caused by mere accident.
person injured by the crime, UNLESS 2. No civil liability in paragraph 7 of
it involves the crime of treason, Art. 12 which provides for failure
rebellion, espionage, contempt, and to perform an act required by
others wherein no civil liability arises law when prevented by some
on the part of the offender, either lawful or insuperable cause.
because there are no damages to be
compensated or there is no private - No civil liability is imposed in cases
person injured by the crime. falling under justifying circumstances
EXCEPT: under paragraph 4, where a
EFFECT OF ACQUITTAL person does an act, causing damage to
Extinction of the penal action does NOT another, in order to avoid evil or injury,
carry with it extinction of the civil; the person benefited by the prevention
UNLESS the extinction proceeds from a of the evil or injury shall be civilly liable
declaration in a final judgment that the in proportion to the benefit he received.
fact from which the civil liability might
arise did not exist. (See Section 1, Rule
111 of the 2000 Rules on Criminal  ART. 102. SUBSIDIARY LIABILITY OF
Procedure. Civil liability arising from INNKEEPERS, TAVERNKEEPERS, AND
other sources of obligations is not PROPRIETORS OF ESTABLISHMENTS
impliedly instituted with the criminal
action). ELEMENTS UNDER PARAGRAPH 1
1. That the innkeeper, tavernkeeper or
EFFECT OF DISMISSAL OF CASE proprietor of establishment or his
The dismissal of the information or the employee committed a violation of
criminal action does NOT affect the right municipal ordinance or some general
of the offended party to institute or or special police regulation.
continue the civil action already 2. That the crime is committed in such
instituted arising from the offense, inn, tavern or establishment.
because such dismissal or extinction of 3. That the person criminally liable is
the penal action does not carry with it insolvent.
the extinction of the civil action.
 Concurrence of all elements makes
EFFECT OF DEATH OF THE OFFENDER the innkeeper, tavernkeeper, or
If the offender dies prior to the proprietor civilly liable for the crime
institution of the action or prior to the committed in his establishment.
finality of judgment, civil liability ex-
delicto is extinguished. (DE GUZMAN vs. ELEMENTS UNDER PARAGRAPH 2
PEOPLE OF THE PHILIPPINES, G.R. No. 1. That the guests notified in advance
154579. October 8, 2003) the innkeeper or the person
representing of the deposit of their
 In all these cases, civil liability goods within the inn or house.
from sources other than delict are not 2. The guests followed the directions
extinguished. of the innkeeper or his
representative with respect to the
care of and vigilance over such
goods.
3. Such goods of the guests lodging
 ART. 101. RULES REGARDING CIVIL therein were taken by robbery with
LIABILITY IN CERTAIN CASES force upon things or theft
- Civil liability is still imposed in cases committed within the inn or house.
falling under exempting circumstances

ART. 103. SUBSIDIARY CIVIL

LIABILITY OF OTHER PERSONS
ELEMENTS
1. The employer, teacher, person, or
corporation is engaged in any kind of
industry.
2. Any of their servants, pupils,
workmen, apprentices, or employees
commits a felony while in the
discharge of his duties.
3. The said employee is insolvent and
has not satisfied his civil liability.
Chapter Two: What Civil Liability

Includes (Arts. 104-111)
ART. 104. WHAT IS INCLUDED IN CIVIL

LIABILITY
RESTITUTION – restitution of the thing

itself must be made whenever possible
even when found in the possession of a
third person except when acquired by
such person in any manner and under the
requirements which, by law, bar an
action for its recovery.
REPARATION OF DAMAGES – reparation

will be ordered by the court if
restitution is not possible. The court
shall determine the amount of damage,
taking into consideration the price of the
thing, whenever possible, and its special
sentimental value.
INDEMNIFICATION FOR DAMAGES –

includes not only those caused the
injured party, but also, those suffered by
his family or by a third person by reason
of the crime.
- END OF BOOK ONE -

CHAIRPERSONS
Ethics)

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San Beda College of Law 1

MEMORY AID IN CRIMINAL LAW

CRIMINAL LAW COMMITTEE

CRIMINAL LAW - that branch or division EXCEPTION TO THE EXCEPTION:

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN CRIMINAL LAW

2. the act or omission must be

2.) On Foreign Merchant Vessels 1. Intentional Felonies – the act is

CRIMINAL LAW COMMITTEE

Mala Prohibita - the class of crimes 6. As to Violation of the Violation of

2. As to Good faith or Good faith is

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN CRIMINAL LAW

3. ATTEMPTED FELONY  ART. 7 – LIGHT FELONIES

CRIMINAL LAW COMMITTEE

 ART. 8 – CONSPIRACY AND PROPOSAL same felonious objective, with each

GENERAL RULE: Mere conspiracy or  ART. 9 – CLASSIFICATION OF

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN CRIMINAL LAW

 ART. 10 – OFFENSES NOT SUBJECT UNLAWFUL AGGRESSION

JUSTIFYING CIRCUMSTANCES – are those Rights included in self-defense:

CRIMINAL LAW COMMITTEE

3. The person defending be not induced

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN CRIMINAL LAW

of its illegality and he is not exempt in all cases from criminal

 ART. 12. EXEMPTING TWO TESTS OF INSANITY:

 Must have acted without

CRIMINAL LAW COMMITTEE

a) The manner the crime was and should not be speculative,

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN CRIMINAL LAW

The severe dizziness and mitigating circumstance. Hence, a

Other absolutory causes: CLASSES ORDINARY PRIVILEGED

CRIMINAL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN CRIMINAL LAW

2. The impulse must be so powerful A surrender to be voluntary must be

7. SURRENDER AND CONFESSION OF 9. ILLNESS OF THE OFFENDER

CRIMINAL LAW COMMITTEE

 BASIS: diminution of intelligence and k) Breaking of parts of the house;

MEMORY AID IN CRIMINAL LAW

CRIMINAL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN CRIMINAL LAW

commission of the crime. (e.g. in MEANING OF PROVOCATION IN THE

 The aggravating circumstance of DWELLING IS NOT AGGRAVATING IN THE

CRIMINAL LAW COMMITTEE

 There must exist a close relation  The ungratefulness contemplated by

 When present in the same case and

MEMORY AID IN CRIMINAL LAW

and can subsist independently, they at a considerable distance from town, or

Uninhabited place (despoblado) – one Par. 8 – That the crime be committed

CRIMINAL LAW COMMITTEE

(1) armed men or armed men may be the aggravating

MEMORY AID IN CRIMINAL LAW

CRIMINAL LAW COMMITTEE

 If without previous promise it was REQUISITES:

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN CRIMINAL LAW

judgment. (PEOPLE vs. ABADIES, GR FRAUD CRAFT

 The test of disguise is whether the

CRIMINAL LAW COMMITTEE