CIRCUMSTANCES brothers or

sisters,
Justifying – act of a person is said to be in accordance relatives by
affinity within
w/ law, so that such person is deemed not to have
the same
transgressed the law & is free from both criminal & civil degrees;
liability; affects the act, not the actor; basis is opening Chastity N/A Always
sentence – ‘don’t incur any criminal liability’ aggravating
Property Robbery, N/A (No
Exempting – grounds for exemption from punishment
usurpation, criminal, only
because there is wanting in the agent of the crime any of fraudulent civil liability on
the conditions w/c make the act voluntary/negligent; insolvency, theft, swindling
there is a crime but there is no criminal; basis is arson & malicious
complete absence of intelligence, freedom or intent mischief
Mitigating – those w/c don’t entirely free the actor from
criminal liability but serve only to reduce the penalty; INTOXICATION
based on the dimunition of either freedom, intelligence, When mitigating When aggravating
intent or on the lesser perversity of the offender If not habitual When habitual
Not subsequent to the intentional
Aggravating – those w/c serve to increase the penalty plan
w/o exceeding the maximum of the penalty provided by
law for the offense; based on the greater perversity of
the offender DEGREE OF INSTRUCTION
When mitigating When aggravating
Alternative – those w/c must be taken into consideration Low degree High degree
as aggravating/mitigating according to the nature & When schooling was When offender took
effects of the crime & the other conditions attending to its confined in studying & advantage of the degree
commission; based on the nature & effects of the crime finishing caton only
& other conditions attending its commission

ALTERNATIVE CIRCUMSTANCES (15) CRIMINALLY LIABLE FOR FELONIES (16)

 Relationship Grave & less grave felonies – principals, accomplices,
 Intoxication accessories
 Degree of instruction & education of the offender
Light felonies – principals and accomplices
Relationship – alternative circumstance shall be taken
 Importance – to determine the penalty
into consideration when the offended party is the:
 Applies if there is no conspiracy
1. Spouse  Only natural persons can be the active subject of
2. Ascendant crime because of the highly personal nature of the
3. Descendant criminal responsibility
4. Legitimate/natural/adopted bro. or sis o RPC requires that the culprit acted w/ personal
5. Relative by affinity in the same degree malice / negligence
o juridical person cannot commit a crime where
RELATIONSHIP
willful purpose or malicious intent is required.
Crimes against When mitigating When o There is substitution of deprivation of liberty
aggravating
(subsidiary imprisonment) for pecuniary
Persons Less serious Less serious
physical physical penalties in case of insolvency.
injuries, slight injuries, slight o Other penalties consisting in imprisonment and
physical physical other deprivation of liberty, like destierro, can
injuries, if the injuries, if the be executed only against individuals.
offended offended  Juridical persons are criminally liable under
party is lower party is higher in certain special laws
in degree; degree; o B.P. Blg. 68 – Corporation Code
When admitted:
ascendants, o Com. Act No. 146 – Public Service Law
descendants, o B.P. Blg. 178 – Revised Securities Act
legitimate, o B.P. 881 – Omnibus Election Code
natural or adopted
  Corpse/animal can’t be passive subject. Requisites:
Exception: Art. 353, defamation against memory
of the dead 1. The inducement be made directly with the intention
of procuring the commission of the crime
2. Such inducement be the determining cause of the
PRINCIPALS (17) commission of the rime by the material executor
Types of Principals:
Requisites for a person using words of command to be
1. Direct participation
2. Inducement held liable under Art. 17(2):
3. Indispensable cooperation 1. The one uttering the words must have the intention of
procuring the crime’s commission
 In conspiracy (committing felony), act of one is act
2. The one who made the command must have an
of all. It may exist even without evident
ascendancy/influence over the person who acted.
premeditation.
3. Words used must be so direct, efficacious, powerful
 In abduction, all are liable even if only one acted
with lewd design. (lewd = obscene) as to amount to physical or moral coercion.
 In multiple rape, each rapist is equally liable for the 4. Words must be uttered prior to the commission.
other rapes. 5. Material executor has no personal reason to commit
 There is collective criminal responsibility when the the crime
offenders are criminally liable in the same manner &
Principal by Offender who made
to the same extent.
Inducement proposal to commit
 In the absence of previous conspiracy, the criminal
responsibility is individual & each of the participants  Inducement to commit  Inducement to
is liable only for the act committed by him. crime commit crime
 Liable only when  Mere proposal
Direct Participation crime is committed by punishable in treason
principal by direct or rebellion
Requisites: participation  Must involve only
 Inducement involves treason & rebellion
1. Participation in the criminal resolution (conspiracy) any crime
2. Culprits carried out their plan & personally took part
in its execution by acts w/c directly tended to the
same end Indispensable Cooperation

Exceptions: Requisites:

1. Mastermind 1. Participation in the criminal resolution (there is

2. Participation was accomplished prior to actual either anterior conspiracy/unity of criminal purpose
carrying out of the crime & intention immediately before commission)
3. Orchestrates the action from somewhere else 2. Cooperation by performing another act, w/o w/c it
wouldn’t have been accomplished
Induction
Cooperate – to desire or wish in common a thing
 It’s necessary that the inducement be the
determining cause of the commission of the crime. ACCOMPLICES (18)
 Mere careless comment made by one who does not
 They are the persons who cooperate in the
possess dominance or moral ascendancy over the
execution of the offense by previous or
offender will not make him a principal by
simultaneous acts.
inducement.
 In case of doubt, the participation of offender
Two ways of becoming principal by induction: shall be that of an accomplice rather than a
principal.
 Directly forcing
o Using irresistible force Accomplices Conspirators
o Causing uncontrollable fear  Know & agree w/  Know & agree w/
 Directly inducing criminal design criminal design
o Giving price or offering reward/promise  Came to know after  Decided upon such
the principals decided course of action
o Using words of command
 Concur only  Decided that crime be
committed
  Merely instruments  The authors of the
whose acts aren’t crime
essential
To be considered as an accomplice, the ff. must concur:
1. That there be community of design (knowing the
criminal design)
2. Operates in the offense’s execution by previous
or simultaneous acts
3. That there be a relation between the principal’s
acts & those attributed to the person charged as
an accomplice
ACCESSORIES (19)
 Those who, having knowledge of the commission of
the crime, & w/o having participated therein, take part
subsequent to its commission.
Manner of becoming an accomplice:
1. By profiting themselves/assisting the offender to profit
by the effects of the crime
2. By concealing or destroying the body of the crime or
the effects/instruments thereof, in order to prevent its
discovery
3. By harboring, concealing, or assisting in the escape
of the principal, provided the accessory acts w/ abuse
of his public functions, or whenever the author is
guilty of treason, parricide, murder, or an attempt to
take the life of the Chief Executive, or is known to be
habitually guilty of some other crime.
Classes of accessories:
1. Public Officers (w/ abuse of his public functions)
a. A public officer
b. Harbors/conceals/assists in the escape of the
principal
c. Acts w/ abuse of his public functions
d. Crime committed is any crime, provided it isn’t a
light felony
2. Private persons
a. A private person
b. Harbors/conceals/assists in the escape of the
author
c. Crime committed is either treason, parricide,
murder, attempt against President’s life or
principal is known to be habitually guilty of some
other crime
Accessory vs. Principal & Accomplice
 The accessory doesn’t take direct part or cooperate
or induce the commission of the crime
 The accessory doesn’t cooperate in the commission
of the offense by acts either prior thereto or
simultaneous therewith
 The participation of the accessory always takes place
after the commission of the crime
Anti-Fencing Law of 1979 (P.D. 1612)
Fencing – the act of any person who, with intent to gain
for himself or for another, shall buy, receive, possess,
keep, acquire, conceal, sell or dispose of, or shall buy
and sell, or in any other manner deal in any article, item,
object, or anything, of value which he knows, or should
be known to him, to have been derived from the
proceeds of the crime of robbery and theft.
Fence – includes any person, firm, association,
corporation or partnership or organization who/which
commits the act of fencing.
 If the crimes involve theft or robbery, the acts may be
punished as “FENCING
 The prior conviction of the thief/robber is not required
to convict the fence. But it be proved the property
came from robbery/theft, not any other offense such
as estafa, malversation, kidnapping.
ACCESSORIES WHO ARE EXEMPT (20)
 The exemption provided for is based on the blood ties
& the preservation of cleanliness of one’s name.
 Relationship by affinity survives even after the death
of the deceased spouse.
An accessory is exempt when the principal is his:
1. Spouse
2. Ascendant
3. Descendant
4. Legitimate/natural/adopted brother or sister
5. Relative by affinity w/in the same degree
PENALTIES
Penalty – suffering that is inflicted by the State for the
transgression of a law; signifies pain; suffering
undergone, because of the action of human society, by
one who commits a crime.
 General rule – give laws prospective effect
o Exception: give them retroactive effect when
favorable to the accused
 Exception to the exception: habitual delinquent
or where new law is expressly made
inapplicable to pending actions
 Habitual delinquent – is found guilty for the 3 rd time or
oftener, w/in 10yrs., from date of release or last
conviction of the ff. crimes:
o Theft
 o Robbery superior officials may impose upon their
o Estafa subordinates.
o Falsificaiton 5. Deprivation of rights and the reparations which
o Less serious physical injury the civil laws may establish in penal form.
o Serious physical injury  Art.24 (1) refers to confinement by “accused persons”
only and not those already convicted.
Pardon (Art. 23)
 They are not penalties, because they are not
 Pardon by under Art. 344 is only a bar to criminal
imposed as a result of judicial proceedings but merely
prosecution.
preventive measures before conviction of the
 In the crimes of Adultery, Seduction, Concubinage, offenders.
Abduction, Rape and Acts of Lasciviousness
(ASCARAL), “express” pardon by the offended party  Fines under Art.24 (4) should not be imposed by
relieves criminal liability. Courts, otherwise it will appear that such constitute a
 Pardon, as well as compromise, afforded by the penalty.
offenders must come before the institution of criminal
proceedings.  Example of Art.24 (5) is when parents are deprived of
 Presidential pardon their parental authority if found guilty of the crime of
o Effects:
corruption of their minor children, in accordance with
 A pardon shan’t restore the right to hold public
Art.332 of the New Civil Code
office or the right of suffrage. Exception: when
any/both such rights is/are expressly restored  No penalty shall be imposed not bearing the
by the terms of the pardon nomenclature of Art. 25.
 It shan’t exempt the culprit from the payment of  RA 9346 prohibited the imposition of death penalty.
the civil indemnity. The pardon can’t make an
exception to this rule. Principal penalties – those expressly imposed by the
o Limitations court in the judgment of conviction
 The power can be exercised only after Classification:
conviction
 That such power doesn’t extend to cases of 1. Divisible (fixed periods)
impeachment a. Maximum
Pardon by Chief Pardon by the offended b. Medium
Executive party c. minimum
 Extinguishes the  Criminal liability isn’t 2. Indivisible
offender’s criminal extinguished a. Death
liability  Offended party can b. Reclusion perpetua
 Can’t include civil waive civil liability
c. Perpetual absolute / special disqualification
liability w/c the  In cases where law
offender must pay d. Public censure
allows pardon, it
 Pardon is granted should be given Accessory penalties – those that are deemed included in
only after conviction & before institution of the imposition of the principal penalties
may be extended to criminal prosecution
any of the offenders & must be extended CLASSIFICATION according to:
to both offenders Subject matter Gravity
 Corporal (death)  Capital
Art. 24 - Measures of prevention or safety which are  Deprivation of freedom  Afflictive
not considered penalties. — The following shall not (reclusion, prision,  Correctional
be considered as penalties: arresto)  Light
1. The arrest and temporary detention of accused  Restriction of freedom
persons, as well as their detention by reason of (destierro These correspond to
insanity or imbecility, or illness requiring their
 Deprivation of rights the classification of
confinement in a hospital.
(disqualification & felonies in Art. 9 (grave,
2. The commitment of a minor to any of the
suspension) less grave & light)
institutions mentioned in Article 80 and for the
 Pecuniary (fine)
purposes specified therein.
3. Suspension from the employment of public office
during the trial or in order to institute proceedings. Destierro
4. Fines and other corrective measures which, in the  Destierro is a principal penalty.
exercise of their administrative disciplinary powers,
 It is a punishment whereby a convict is vanished to a  There is reparation in the crime of rape when the
certan place and is prohibited from entering or dress of the woman was torn.
coming near that place designated in the sentence,
not less than 25 Kms.
 However, the court cannot extend beyond 250 Kms
Application of Penalties
When Destierro is imposed? Penalty imposed in General (Art. 46)
 Serious physical injuries or death under exceptional
circumstances (Art.247) The penalty prescribed in general terms shall be
 Failure to give bond for good behavior (Art.284) imposed:
 Penalty for concubine in concubinage (Art.334) 1. Upon the principals.
In case where after reducing penalty by one or more 2. For consummated felony.
degrees, destierro is the proper penalty. Exception: When the law fixes a penalty for a frustrated
or attempted felony.
Effects of Civil interdiction (Art. 34)
Complex Crimes (Art. 48)
 Deprivation of the rights of parental
authority/guardianship of any ward  A complex crime is only one crime.
 Deprivation of marital authority
 Deprivation of any right to manage his property & the Kinds of complex crimes:
right to dispose such property by any act or any
1. Compound crime – when a single act constitutes
conveyance inter vivos (or donation made during
2/more grave/less grave felonies
lifetime)
2. Complex crime proper – when an offense is a
Distinguish between bond to keep the peace (Art. 35) & necessary means for committing the other.
Bond for good behavior (Art. 284): 3. Continuing crime – one crime, several acts,
committed in different places
Bond to keep the peace Bond for good behavior
not specifically provided  the amount of money to Diagram of application of Arts. 50-57:
as a penalty for any be deposited by the
felony and therefore accused charged with Consummated Frustrated Attempted
cannot be imposed by the threats to ensure that he
court. It is required in Art shall not molest the Principals 0 1 2
284 and not to be given in person threatened. Accomplices 1 2 3
cases involving other
crimes Accessories 2 3 4
the period during which If he refuses to put up the
the bond shall be Bond for Good behavior, Exceptions to the rules established in Arts. 50-57:
effective is discretionary he shall be sentenced to
 It shall not apply to cases where the law expressly
to the court destierro.
prescribes the penalty for a frustrated/attempted
felony or to be imposed upon accomplices or
Art. 38. Pecuniary liabilities; Order of payment. — In accessories (Art. 60)
case the property of the offender should not be
sufficient for the payment of all his pecuniary 62. Effect of the attendance of mitigating or
liabilities, the same shall be met in the following aggravating circumstances and of habitual
order: delinquency. — Mitigating or aggravating
1. The reparation of the damage caused. circumstances and habitual delinquency shall be
2. Indemnification of consequential damages. taken into account for the purpose of diminishing or
3. The fine. increasing the penalty in conformity with the
4. The cost of the proceedings. following rules:
1. Aggravating circumstances which in themselves
 Art. 38 is applicable in case the property of the constitute a crime specially punishable by law or
offender should not be sufficient for the payment of which are included by the law in defining a crime
all his pecuniary liabilities. The order of payment is and prescribing the penalty therefor shall not be
provided above. taken into account for the purpose of increasing the
 If the offender has sufficient or no property, then penalty.
Article 38 has no use. 2. The same rule shall apply with respect to any
aggravating circumstance inherent in the crime to
 Courts cannot disregard the order of payment.
such a degree that it must of necessity accompany
the commission thereof.
3. Aggravating or mitigating circumstances which Additional penalty is Not offset by mitigating
arise from the moral attributes of the offender, or imposed circumstances
from his private relations with the offended party, or
from any other personal cause, shall only serve to
aggravate or mitigate the liability of the principals, Rule for application of penalties w/c contain 3 periods
accomplices and accessories as to whom such (Art. 64):
circumstances are attendant.
4. The circumstances which consist in the material 1. No aggravating and no mitigating – medium period.
execution of the act, or in the means employed to 2. Only mitigating – minimum period.
accomplish it, shall serve to aggravate or mitigate 3. Only an aggravating – maximum period.
the liability of those persons only who had 4. Offsetting of mitigating and aggravating
knowledge of them at the time of the execution of circumstances.
the act or their cooperation therein. 5. When there are 2 mitigating and no aggravating, next
5. Habitual delinquency shall have the following lower penalty applies.
effects:  Art. 65 simply provides for the alternative in obtaining
(a) Upon a third conviction the culprit shall be artificially 3 periods when the penalty doesn’t have
sentenced to the penalty provided by law for the last any.
crime of which he be found guilty and to the  Art. 67 applies when all the requisites of the
additional penalty of prision correccional in its exempting circumstance of accident (Art. 12, [4])
medium and maximum periods; aren’t present.
(b) Upon a fourth conviction, the culprit shall be  Art. 68 has been partly repealed by RA 9344. A CICL
sentenced to the penalty provided for the last crime
shall be entitled of a penalty next lower than that
of which he be found guilty and to the additional
prescribed by law, but in the proper periods.
penalty of prision mayor in its minimum and medium
periods; and  Art 69 – penalty to be imposed when the crime is not
(c) Upon a fifth or additional conviction, the culprit wholly excusable: 1 or 2 degrees lower if the majority
shall be sentenced to the penalty provided for the of the conditions for justification or exemption in the
last crime of which he be found guilty and to the cases provided in Arts. 11 & 12 are present.
additional penalty of prision mayor in its maximum
period to reclusion temporal in its minimum period. Imposition of fines (Art. 66):
Notwithstanding the provisions of this article, the
1. The courts can fix any amount of the fine within the
total of the two penalties to be imposed upon the
limits established by law.
offender, in conformity herewith, shall in no case
2. The court must consider:
exceed 30 years.
a. Mitigating and aggravating circumstance; and,
For the purpose of this article, a person shall be
b. More particularly, the wealth or means of the
deemed to be habitual delinquent, is within a period culprit.
of ten years from the date of his release or last Three-Fold Rule:
conviction of the crimes of serious or less serious
physical injuries, robo, hurto, estafa or falsification, 1. Maximum duration of the convict’s sentence: 3 times
he is found guilty of any of said crimes a third time the most severe penalty imposed
or oftener 2. Maximum duration: shall not exceed 40 years
3. Subsidiary imprisonment: This shall be excluded in
Examples: computing for the maximum duration.
Article 62.  The three-fold rule shall apply only when the convict
Par. 1 – dwelling in trespass, means of fire in arson, is to serve 4 or more sentences successively.
derailment of locomotive in Art.330;
Par. 2 – public officer in malversation of funds, dwelling Graduated scales (Art. 71)
in robbery, evident premeditation in robbery and theft;
Par. 3 – moral attributes of the offender; private relations SCALE no. 1
with the offended party;
1. Death
Par. 4 – material execution of the act; means to
accomplish crime; 2. Reclusion perpetua – 20yrs. & 1day – 40yrs.
Par. 5 – Habitual delinquent 3. Reclusion temporal – 12yrs. & 1day – 20yrs.
Habitual delinquency Recidivism 4. Prision mayor – 6yrs. & 1day – 12yrs.
Crimes committed are Crimes under the same 5. Prision correccional – 6mos. & 1 day – 6yrs.
specified (TREFLS) title of RPC 6. Arresto mayor – 1mo. & 1day – 6mos.
w/in 10yrs. No time fixed by law 7. Destierro
Must be found guilty the 2nd conviction 8. Arresto menor – 1day – 30days
3rd time or oftener 9. Public censure
10. Fine 2. Decongest the jails by allowing prisoners to be
admitted into parole
SCALE no. 2 3. Allow the government to save money on
1. Perpetual absolute disqualification maintaining the jails
2. Temporary absolute disqualification 4. Prevent the prisoners' economic usefulness from
3. Suspenion from public office, the right to vote & be going to waste.
voted for, & the right to follow a profession or calling Cases where ISLAW isn’t applicable to:
4. Public censure
5. Fine. 1. Offenses punished by death/life imprisonment
2. Convicted of treason (Art. 114), conspiracy &
Art. 25 Art. 70 Art. 71 proposal to commit treason (Art. 115)
Penalties are Classifies Provides for the 3. Convicted of misprision of treason (Art. 116),
classified into: penalties for scales which
rebellion (Art. 134), sedition (Art. 139) &
(1) principal and purpose of should be
espionage (Art. 117)
(2) accessory successive observed in
penalties. The service of graduating the 4. Convicted of piracy (Art. 122)
principal sentence, penalties by 5. Habitual delinquents (Ar. 62, [5])
penalties are according to degrees in 6. Who escaped from confinement or who evaded
subdivided into their accordance with sentence (Art. 157)
capital, afflictive, severity. Art. 61 7. Those who violated the terms of conditional
correctional & pardon (Art.159);
light. 8. Those who are already serving final judgment
Destierro Destierro is Destierro is upon the approval of Indeterminate Sentence
classified as placed under placed Law.
correctional Arresto Menor above Arresto 9. Penalties other than imprisonment.
penalty; Arresto according to Menor.
Menor is a light severity.
penalty.

When the penalty is a complex one composed of 3

distinct penalties (Art. 77):

Complex penalty – if there are 3 distinct penalties, there

shall be a minimum, medium and maximum.

INDETERMINATE SENTENCE LAW (Act 4103 as

amended by Act 4225)

 Applies to complex crimes

 Mandatory
 Applies to special laws

Steps in applying ISLAW:

1. Determine the crime and the penalty imposable;

2. Check application of Art.64 par.5 (2-mitigating, no
aggravating = 1 degree lower), Art. 68 (minor, 1-
degree lower) or Art. 69 (incomplete justifying and
exempting circumstances, which may be 1 or 2
degrees lower);
3. Fix the Minimum: 1-degree lower “in any of its
periods”
4. Fix the Maximum: 1-degree higher than No.3, apply
the mitigating/aggravating circumstances and state
penalty “in (appropriate) period”
What is the purpose of ISLAW?

1. Promote the prisoner's reformation by allowing

him to serve sentence under a parole officer