1.

Probation – may be avail of by defendant/s convicted by final judgment to suffer

the maximum penalty of 6 years and below.

a. The petition for probation must be in writing.

b. Must be filed within the period for perfecting an appeal (15 days).
c. The filing of the petition operates a waiver to appeal the order of conviction.
As a result, thereof, the judgment of conviction becomes final.
d. It is a mere privilege. It must be filed at earliest opportune time.
e. Several accused convicted, one of the accused appealed the conviction. As a
consequence, thereof, the appellate court lowered the imposable penalty into
a probationable penalty. The rest of the accused who did not appeal will
benefit the lowering of the penalty and may avail the entitlement of probation.

2. Arson – uses fire to destroy a property.

a. Art. 320 – Destructive Arson, as amended.

Sec. 2. Destructive Arson. The penalty of Reclusion Temporal in its maximum

period to Reclusion Perpetua shall be imposed if the property burned is any of
the following:

1. Any ammunition factory and other establishment where explosives,

inflammable or combustible materials are stored.

2. Any archive, museum, whether public or private, or any edifice devoted to

culture, education or social services.

3. Any church or place of worship or other building where people usually

assemble.

4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for

transportation of persons or property

5. Any building where evidence is kept for use in any legislative, judicial,
administrative or other official proceedings.

6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping

center, public or private market, theater or movie house or any similar place or
building.
 7. Any building, whether used as a dwelling or not, situated in a populated or
congested area.

Sec. 3. Other Cases of Arson. The penalty of Reclusion Temporal to Reclusion

Perpetua shall be imposed if the property burned is any of the following:

1. Any building used as offices of the government or any of its agencies;

2. Any inhabited house or dwelling;

3. Any industrial establishment, shipyard, oil well or mine shaft, platform or

tunnel;

4. Any plantation, farm, pastureland, growing crop, grain field, orchard,

bamboo grove or forest;

4. Any rice mill, sugar mill, cane mill or mill central; and

5. Any railway or bus station, airport, wharf or warehouse.

Sec. 4. Special Aggravating Circumstances in Arson. The penalty in any case

of arson shall be imposed in its maximum period;

1. If committed with intent to gain;

2. If committed for the benefit of another;

3. If the offender is motivated by spite or hatred towards the owner or

occupant of the property burned;

4. If committed by a syndicate.

3. Impossible crime – inherently impossible for its accomplishment – the intention

is to kill someone – not to destroy property.

4. Special Complex Crime of Arson with Homicide – the homicide is considered and
interpreted in its generic term (homicide or murder).
5. Destruction by means of explosion – several died – the crime committed is
Complex Crime of Multiple Homicide.

6. Carnapping – unlawful taking of MV with intent to gain. Penalty: 20 years 1 day to

30 years.

7. Malicious Mischief – the willful destruction of another person's property for

vicious, wanton, or mischievous purposes.

8. Justifying circumstance of Fulfillment of a Duty:

a. the accused acted in the performance of a duty or in the lawful exercise of a

right or office; and
b. the injury caused or the offense committed is the necessary consequence of
the due performance of duty or the lawful exercise of a right or office.

9. Prospectivity – means that penal laws can only punish an act committed after its
effectivity. It cannot penalize an act that was not punishable at the time of its
commission. It cannot be given retroactive effect UNLESS favorable to the accused
who is not a habitual delinquent.

10. Conspiracy as a crime (mere conspiracy is punishable) vs. Conspiracy as a

mode of committing a crime.

a. Conspiracy and proposal to commit Treason;

b. Conspiracy and proposal to commit Coup d’Etat; and
c. Conspiracy and proposal to commit Rebellion.

A conspiracy exists when two or more persons come to an agreement

concerning the commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony
proposes its execution to some other person or persons.

11. Estafa refers to the criminal offense of swindling; the use of fraud or deceit that
causes loss to another. In order to prove this criminal offense there must be an
intent to defraud which results in a loss suffered by someone.

BP 22 Estafa
Child in conflict with the law - refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws

Diversion refers to an alternative child-appropriate process of determining the

responsibility and treatment of a child in conflict with the law on the basis of
the child's social, cultural, economic, psychological or educational background
without resorting to formal court adjudication.

Intervention refers to a series of activities which are designed to address issues that
caused the child to commit an offense.