Preliminary Title
DATE OF EFFECTIVENESS AND APPLICATION
1. Time when Act takes effect. This code shall take effect
on the 1st day of January, 1932.
2. Application of its provisions. Except as provided in the
treaties and laws of preferential application, the
provisions of this Code shall be enforced not only within
the Philippine Archipelago, including its atmosphere, its
interior waters and maritime zone, but also outside of its
jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship
or airship
2. Should forge or counterfeit any coin or currency note
of the Philippine Islands or obligations and securities
issued by the Government of the Philippine Islands
3. Should be liable for acts connected with the
introduction into these islands of the obligations and
securities mentioned in the presiding number;
4. While being public officers or employees, should
commit an offense in the exercise of their functions
5. Should commit any of the crimes against national
security and the law of nations, defined in Title One
of Book Two of this Code.
 Philippine vessel or aircraft (merchant ships)
o Merchant ships
o Must be registered in the Phil. Bureau of Customs
o If a Philippine vessel is in foreign territory, and a crime
is committed on the said vessel, the laws of the said
foreign country will apply
o If there is a continuing offense on board a foreign
vessel and the said vessel docked at the Philippine
port, Philippines will have jurisdiction and the crime is
triable here
o For foreign merchant vessel, crimes will only be triable
if the vessel landed on a Philippine soil or docked at
the Philippine terminal point
o Rules as to jurisdiction over crimes committed aboard
foreign merchant vessels on a foreign territory:
1. French rule—such crimes are not triable in the
Courts of that country, unless their commission
affects the peace and security of the territory or the
safety of the state is endangered
2. English rule—such crimes are triable in that
country, unless they merely affect things within the
vessel or they refer to the internal management
thereof
 Philippine courts have no jurisdiction over offenses
committed on board foreign warships in territorial
waters
Title One
FELONIES AND CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
Chapter One
FELONIES
3. Definitions. Acts and omissions punishable by law are
felonies (delitos).
Felonies are committed not only be means of deceit
(dolo) but also by means of fault (culpa).
There is deceit when the act is performed with deliberate
intent and there is fault when the wrongful act results
from imprudence, negligence, lack of foresight, or lack of
skill.
 Elements of felonies:
1. There must be an act or omission
2. The act or commission must be punishable by law
3. The act is performed or the omission incurred by
means of dolo or culpa
 Act—an external act which has direct connection with
the felony
o Only external act is punishable
 Omission—inaction
o Failure to perform a positive duty which is one is
bound to do
o The omission must be punishable by law
 There is no crime when there is no law punishing it—
nulla crimen, nulla poena sine lege
 Classification of felonies:
1. Intentional felonies (dolo)
o The act or omission is malicious and is performed
with deliberate intent
o It must be voluntary
o Requisites:
a. Freedom
b. Intelligence
c. Intent—existence is shown by overt acts
 It is presumed from the commission of an
unlawful act
 It is necessary for intentional felonies
2. Culpable felonies (culpa)
o Act or omission is not malicious and the injury
caused is unintentional resulting from imprudence,
negligence, lack of foresight, or lack of skill
o Negligence—deficiency of perception or lack of
foresight
 Failure to pay attention and to use due diligence
o Imprudence—deficiency of action or lack of skill
 Failure to take necessary precaution to avoid
injury
o Requisites:
a. Freedom
b. Intelligence
c. Imprudent, negligent, lack of foresight or lack of
skill
 Mistake of fact
o Ignorance relieves the accused from criminal liability
o Requisites for defense:
Page 1 of 41
 1. The act done would have been lawful had the facts
been as the accused believed them to be
2. Intention of the accused in performing the act
should be lawful
3. The mistake must be without fault or carelessness
on the part of the accused
 Classes of crimes:
1. Intentional or culpable felonies—punished by the
Revised Penal Code
2. Crimes punished by special laws
o Dolo is not required
o The act alone, irrespective of its motives, constitutes
the offense
o Motive—moving power to do an act for a definite
result
 It is not an essential element of a crime
 Only relevant to testimony of witnesses:
a. If there is doubt in the identity of the assailant
b. If evidence is merely circumstantial
o Mala prohibita—wrong because it is prohibited by
statute
o Mala in se—wrong in nature
4. Criminal liability. Criminal liability shall be incurred:
1. By any person committing a felony (delito) although
the wrongful act done be different from that which
he intended.
2. By any person performing an act which would be an
offense against persons or property, were it not for
the inherent impossibility of its accomplishment or
an account of the employment of inadequate or
ineffectual means.
 ―He who is the cause of the cause is the cause of the evil
caused‖
o Not criminally liable if:
a. There is no provision in the RPC which punishes
the act
b. The law allows the person to use necessary force to
retain what belongs to him
o Criminally liable if:
a. There is error in personae or mistake of identity
b. There is a mistake in the blow
c. The injurious result is greater than that intended
o Requisites:
1. An intentional felony has been committed
 A man who creates a sense of danger in the mind
of another is responsible for the resulting injuries
2. The wrong done be direct, natural and logical
consequence of the felony committed
 Proximate cause—a cause which, unbroken by any
efficient intervening cause, produces the injury
and without which the result would not have
occurred
 Not a proximate cause:
a. There is an active force that intervened which is
a distinct or foreign act from the accused
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
b. The resulting injury is due to the intentional act
of the victim
 Impossible Crimes
o There is no attempted or frustrated
o Penalty is arresto mayor or a fine of 200 to 500 pesos
o Punishable to suppress criminal propensity or criminal
tendency
o Requisites:
1. The act performed would be an offense against
persons or property
2. The act was done with evil intent
3. Its accomplishment is inherently impossible, or that
the means employed is either inadequate or
ineffectual
4. The act performed should not constitute a violation
of another provision of the RPC
5. Duty of the court in connection with acts which should
be repressed but which are not covered by the law, and in
cases of excessive penalties. Whenever a court has
knowledge of any act which it may deem proper to
repress and which is not punishable by law, it shall render
the proper decision, and shall report to the Chief
Executive, through the Department of Justice, the reasons
which induce the court to believe that said act should be
made the subject of legislation.
In the same way, the court shall submit to the Chief
Executive, through the Department of Justice, such
statement as may be deemed proper, without suspending
the execution of the sentence, when a strict enforcement
of the provisions of this Code would result in the
imposition of a clearly excessive penalty, taking into
consideration the degree of malice and the injury caused
by the offense.
 Based on ―nullum crimen, nulla poena sine lege‖
 Contemplates a trial of a criminal case
6. Consummated, frustrated, and attempted felonies.
Consummated felonies as well as those which are
frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary
for its execution and accomplishment are present; and it
is frustrated when the offender performs all the acts of
execution which would produce the felony as a
consequence but which, nevertheless, do not produce it
by reason of causes independent of the will of the
perpetrator.
There is an attempt when the offender commences the
commission of a felony directly or over acts, and does not
perform all the acts of execution which should produce
the felony by reason of some cause or accident other than
this own spontaneous desistance.
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 Development of crime:
1. Internal acts—mere ideas in the mind and are not
punishable
2. External acts
a. Preparatory acts—ordinarily, they are not punishable
except buying a picklock (art. 304)
b. Acts of execution—punishable under RPC
I. First Stage: Attempted Felony (elements)
a. Offender commences the commission of the
felony directly by overt acts
 No wound or the inflicted wound is not
mortal
 There should be an external act and it has
direct connection with the crime intended to
be committed
 Indeterminate offense—purpose of the
offender in performing an act is not certain
b. Does not perform all the acts of execution
c. By reason of some cause or accident
d. Other than his own spontaneous desistance
o In attempted felony, the offender never passes
the subjective phase of the offense
o The offender begins the commission of the
crime to the point where he still has control
over his acts
II. Second Stage: Frustrated Felony
o Infliction of mortal wound
o Reached the objective phase
o Elements:
a. Performs all the acts of execution which
would produce the felony
b. Do not produce the felony
c. Independent of the will of the perpetrator
 Timely intervention of a 3rd person
 If it comes from the perpetrator himself,
this element does not exist
I. Third Stage: Consummated Felony
o All the elements necessary for its execution and
accomplishment are present
o Determination of the stages:
1. Nature of the offense or crime
2. Elements constituting the felony
3. Manner of committing the felony
a. Formal Crimes—consummated in one
instant, no attempt
b. Crimes consummated by mere attempt or
proposal by overt act
c. Felony by omission
d. Crimes requiring the intervention of 2
persons to commit them are consummated
by mere agreement
e. Material crimes—has 3 stages of execution
7. When light felonies are punishable. Light felonies are
punishable only when they have been consummated, with
the exception of those committed against person or
property.
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
 Infractions of law for the commission which the penalty
of arresto menor or a fine not exceeding 200 pesos or both,
is provided
 Arresto menor—imprisonment from 1 to 30 days
 Light felonies committed against persons or property are
punishable even if frustrated or attempted
 Light felonies committed against persons
a. Slight physical injuries
b. Intriguing against honor
 Light felonies committed against property
a. Theft
b. Malicious mischief
c. Alteration of boundary marks
8. Conspiracy and proposal to commit felony. Conspiracy
and proposal to commit felony are punishable only in the
cases in which the law specially provides a penalty
therefor.
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.
 General Rule: conspiracy and proposal are not
punishable because they are only deemed as preparatory
acts
 Exception: it is only punishable if the law specifically
provides for a penalty therefor
 Conspiracy—the act of one is the act of all
o If it is only a manner of incurring criminal liability,
then it is not punishable as a separate offense
 Proposal—it is not necessary that the person to whom
the proposal is made agrees
o There is no criminal proposal when:
1. The person who proposes is not determined to
commit the felony
2. There is no decided, concrete and formal proposal
3. It is not the execution of a felony that is proposal
9. Grave felonies, less grave felonies and light felonies.
Grave felonies are those to which the law attaches the
capital punishment or penalties which in any of their
periods are afflictive, in accordance with Art. 25 of this
Code.
Less grave felonies are those which the law punishes with
penalties which in their maximum period are correctional,
in accordance with the above-mentioned article.
Light felonies are those infractions of law for the
commission of which a penalty of arrest menor or a fine
not exceeding 200 pesos or both; is provided.
Page 3 of 41
 Afflictive penalties:
1.
Reclusion perpetua—from 20 years and 1 day to 40 years
2.
Reclusion temporal—from 12 years and 1 day to 20 years
3.
Perpetual or temporary absolute disqualification
4.
Perpetual or temporary special disqualification
5.
Prision mayor—from 6 years and 1 day to 12 years
 Correctional penalties:
1. Prision correccional—from 6 months and 1 day to 6 years
2. Arresto mayor—from 1 month and 1 day to 6 months
3. Suspension
4. Destierro
10. Offenses not subject to the provisions of this Code.
Offenses which are or in the future may be punishable
under special laws are not subject to the provisions of this
Code. This Code shall be supplementary to such laws,
unless the latter should specially provide the contrary.
 Special legal provisions prevail over general ones
 Special law
o A penal law which punishes act not defined and
penalized by RPC
o A statute enacted by the legislative branch, penal in
character, which is not an amendment to the RPC
Chapter Two
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL
LIABILITY
11. Justifying circumstances. The following do not incur
any criminal liability:
 The act of the person is said to be in accordance with
law
 There is no criminal liability, hence, there is no crime
and no criminal
 There is also no civil liability except in No. 4
1. Anyone who acts in defense of his person or rights,
provided that the following circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means
employed to prevent or repel it.
Third. Lack of sufficient provocation on the part of
the person defending himself.
 Self-defense
o The burden of proof rests upon the accused
o Rights included are:
a. Right to life
b. Right to property
c. Right to honor
d. Right to chastity
o Based on the impulse of self-preservation born to
man and offers protection to the person unjustly
attacked
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
 Unlawful aggression—an assault or at least threatened
assault of an immediate and imminent kind
o There must be an actual physical assault or threat to
inflict injury, or the accused believe that there is
danger
o Present on the part of the person injured or killed by
the accused
o There is peril to one’s life, limb or right that is
actual or imminent
o Not an unlawful aggression:
a. Paramour killed the offended husband
b. Foot-kick greeting
c. Retaliation
d. Voluntarily joined a fight
e. Insulting words
f. A light push on the head with a hand
g. Threat to inflict injury without action
o Reasons that can belie the claim of self-defense:
a. Nature, character, location and extent of the
wound
b. Improbability because of age or sex
c. fleeing
 Reasonable necessity:
1. Necessity of the course of action taken
o The place and occasion must be considered
2. Necessity of the means used
o Must be rationally necessary
o The test will depend upon:
a. Nature and quality of the weapons
b. Physical condition, character and size
 Requisites of Lack of sufficient provocation:
1. When no provocation at all was given to the
aggressor by the person defending himself
2. Even when a provocation was given, it was not
sufficient
3. If the provocation is sufficient, it was not given by
the person defending himself
4. Even if a provocation was given by the person
defending himself, it was not proximate and
immediate to the act of aggression
2. Any one who acts in defense of the person or rights
of his spouse, ascendants, descendants, or
legitimate, natural or adopted brothers or sisters, or
his relatives by affinity in the same degrees and
those consanguinity within the fourth civil degree,
provided that the first and second requisites
prescribed in the next preceding circumstance are
present, and the further requisite, in case the
revocation was given by the person attacked, that
the one making defense had no part therein.
 Defense of Relatives—based on a humanitarian
sentiment and also upon an impulse of blood
3. Anyone who acts in defense of the person or rights
of a stranger, provided that the first and second
requisites mentioned in the first circumstance of this
article are present and that the person defending be
Page 4 of 41
 not induced by revenge, resentment, or other evil
motive.
 Defense of a Stranger
o Strangers are also those who are not included in the
enumeration of relatives
4. Any person who, in order to avoid an evil or injury,
does not act which causes damage to another,
provided that the following requisites are present;
First. That the evil sought to be avoided actually
exists;
Second. That the injury feared be greater than that
done to avoid it;
Third. That there be no other practical and less
harmful means of preventing it.
 Covers injury to persons and damage to property
 Civil liability is borne by the persons benefited
 The greater evil should not be brought about by the
negligence or imprudence of the actor
5. Any person who acts in the fulfillment of a duty or in
the lawful exercise of a right or office.
 Not necessary that there is unlawful aggression against
the person exercising his right to property
6. Any person who acts in obedience to an order issued
by a superior for some lawful purpose.
 When the order is unlawful or illegal, the subordinate
who obeyed it will be criminally liable
12. Circumstances which exempt from criminal liability. —
The following are exempt from criminal liability:
 Non-imputability
 Based on the complete absence of intelligence, freedom
of action, or intent, or on the absence of negligence on
the part of the accused
 There is a crime but no criminal liability, hence, no
criminal
 There is civil liability except in nos. 4 and 7
 Must be proved by the defendant
1. An imbecile or an insane person, unless the latter
has acted during a lucid interval.
When the imbecile or an insane person has
committed an act which the law defines as a felony
(delito), the court shall order his confinement in one
of the hospitals or asylums established for persons
thus afflicted, which he shall not be permitted to
leave without first obtaining the permission of the
same court.
 Based on the complete absence of intelligence, an
element of voluntariness
 Imbecile—one who, while advanced in age, has a
mental capacity comparable to that of children
between 2 and 7 years of age
o Exempt in all cases
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
 Insanity—one who is deprived completely of reason
or discernment and freedom of the will at the time of
committing the crime
o During a lucid interval, the insane acts with
intelligence, hence, is not exempt
 Court has no power to permit the insane person to
leave the asylum without first obtaining the opinion of
the Director of Health that he may be released without
danger
 The defense must prove the condition through
circumstantial evidence because the presumption is in
favor of insanity
 If the insanity is only occasional or intermittent in its
nature, the presumption is that the offense was
committed during a lucid interval
 Examples of insanity:
a. Dementia praecox
b. Schizophrenia
c. Kleptomania
d. Epilepsy
e. Somnambulism
f. Suffering from malignant malaria
2. A person under nine years of age.
 Repealed by RA 9344 ―Juvenile Justice and Welfare
Act of 2006‖
o A person 15 years of age and under
 Based on the complete absence of intelligence
3. A person over nine years of age and under fifteen,
unless he has acted with discernment, in which case,
such minor shall be proceeded against in accordance
with the provisions of Art. 80 of this Code.
When such minor is adjudged to be criminally
irresponsible, the court, in conformably with the
provisions of this and the preceding paragraph, shall
commit him to the care and custody of his family
who shall be charged with his surveillance and
education otherwise, he shall be committed to the
care of some institution or person mentioned in said
Art. 80.
 Repealed by RA 9344
o A person above 15 years but below 18 years of age
o Exempt if the person acted without discernment
o Not exempt if the person acted with discernment
 Discernment—mental capacity to understand the
difference between right and wrong
o Shown by:
a. Manner the crime was committed
b. Conduct of the offender after its commission
 The person is subjected to an intervention program if
acted with discernment
4. Any person who, while performing a lawful act with
due care, causes an injury by mere accident without
fault or intention of causing it.
 Accident—something that happens outside the sway
of our will
Page 5 of 41
 5. Any person who act under the compulsion of
irresistible force.
 Based on the complete absence of freedom
 Irresistible force—produces an effect to an individual
which reduces him to a mere instrument
o The use of violence or physical force to compel
another to commit the crime
6. Any person who acts under the impulse of an
uncontrollable fear of an equal or greater injury.
 Employs intimidation or threat in compelling to
commit a crime
 The fear must be real and imminent
7. Any person who fails to perform an act required by
law, when prevented by some lawful or insuperable
cause.
 Based on the absence of intent
 Absolutory causes—the act committed is a crime but
for reasons of public policy and sentiment, there is no
penalty imposed
a. Justifying circumstances
b. Exempting circumstances
c. Spontaneous desistance during attempted case
d. Light felony is only attempted or frustrated, and is
not against persons or property
e. Accessory is a relative of the principal
f. Legal grounds for arbitrary detention
g. Legal grounds for trespass
h. Crime of theft, swindling or malicious mischief is
committed against a relative
i. When only slight or less serious physical injuries are
inflicted by the person who surprised his spouse or
daughter in the act of sexual intercourse with
another person
j. Marriage of the offender with the offended party
when the crime committed is rape, abduction,
seduction or acts of lasciviousness
k. Instigation—based on a sound public policy
requiring the courts to condemn this practice by
directing the acquittal of the accused
o The instigator practically induces the would-be
accused into the commission of the offense and
he, himself, becomes a co-principal
o Made by public officers or private detectives
o Entrapment—ways and means are resolved to for
the purpose of trapping and capturing the
lawbreaker in the execution of his criminal plan
Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY
13. Mitigating circumstances. — The following are
mitigating circumstances;
 Mitigating circumstances which are personal to the
offenders:
a. From the moral attitude of the offender
b. From his private relations with the offended party
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
c.From any personal cause
 Circumstances which are neither exempting or
mitigating:
a. Mistake in the blow
b. Mistake in identity
c. Entrapment of the accused
d. Accused is over 18 years old
e. Performance of righteous action
1. Those mentioned in the preceding chapter, when all
the requisites necessary to justify or to exempt from
criminal liability in the respective cases are not
attendant.
 Based on lack of requisites to justify or exempt the act
 (1) Self-defense, (2) Defense of Relatives, (3) Defense
of Strangers—unlawful aggression must be present to
have ordinary mitigating circumstance
o If other requisites are also present, it will become a
privileged mitigating circumstance
 (4) State of necessity—the evil actually exists must be
present to have ordinary mitigating circumstance
o If other requisites are also present, it will become a
privileged mitigating circumstance
 (5) fulfillment of a duty, (6) obedience to an order
o There are 2 requisites, hence, no ordinary mitigating
o If one is present, it is privileged mitigating
circumstance right away
 (7) minority over 15 but under 18
o Age must be present and must act with discernment
to become ordinary mitigating circumstance
 (8) causing injury by mere accident
o Requisites:
a. Performing a lawful act
b. With due care
c. Causes injury by mere accident
d. Without fault or intention of causing it
o If (b) and first part of (d) are absent, it is a mitigating
circumstance and a culpable felony under Art. 365
o If (a) and second part of (d) are absent, it is an
intentional felony and is not mitigating
 (9) uncontrollable fear—if one requisite is present,
then, it is mitigating
2. That the offender is under eighteen year of age or
over seventy years. In the case of the minor, he shall
be proceeded against in accordance with the
provisions of Art. 80.
 Diversion program (15- under 18 years old)—a
program that the child in conflict with the law is
required to undergo after he/she is found responsible
for an offense without resorting to formal court
proceedings
 System of Diversion (if the supposed penalty is):
a. Not more than 6 years imprisonment—mediation,
family conferencing and conciliation
b. Victimless and not more than 6 years
imprisonment—rehabilitation program
Page 6 of 41
 c. More than 6 years imprisonment—diversion
program or measures
o Effective and binding if accepted by the parties in
writing
o Shall be completed within 45 days
o Failure shall give the offended party the open to
institute the appropriate legal action
o Period of prescription of the offense shall be
suspended during the effectivity of the diversion
program, but not exceeding a period of 2 years
 For over 70, if death penalty is imposed, it will be
lowered to reclusion perpetua
3. That the offender had no intention to commit so
grave a wrong as that committed.
 There is notable and evident disproportion between
the means employed and its consequence
 Basis is that the intent is diminished
 Intent can be based on:
a. Weapon used
b. Injury inflicted
c. Attitude of the mind during the crime
4. That sufficient provocation or threat on the part of
the offended party immediately preceded the act.
 Based on the diminution of intelligence and intent
 Provocation—any unjust or improper conduct or act
of the offended party capable of exciting, inciting, or
irritating any one
 Sufficient—adequate to excite a person to commit the
wrong and must accordingly proportionate to its
gravity
 Requisites:
a. Provocation must be sufficient
b. It must originate from the offended party—
mitigating
If it is absent from the offended party—justifying
c. The provocation must be immediate to the act—no
interval of time is allowed
5. That the act was committed in the immediate
vindication of a grave offense to the one committing
the felony (delito), his spouse, ascendants, or
relatives by affinity within the same degrees.
 Due to the fact that it concerns the honor of a person
 Based on the diminution of the conditions of
voluntariness
 Requisites:
a. That there be a grave offense done to the one
committing the felony and his relatives
o Basis of gravity:
1. Social standing of the person
2. Place and time when the insult was made or had
happened
3. Sometimes, age
b. The felony is committed in vindication of such
grave offense
o A lapse of time is allowed
o Immediate = proximate
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
6. That of having acted upon an impulse so powerful as
naturally to have produced passion or obfuscation.
 Based on the diminution of intelligence and intent
 One loses his reason and self-control, diminishing the
exercise of his will power
 Requisites:
a. Accused acted upon an impulse
b. The impulse must be so powerful that it naturally
produced passion or obfuscation
 Mitigating if:
a. The act of the offended party must be unlawful or
unjust
b. The act which produced the obfuscation was not far
removed from the commission of the crime
 Not mitigating if:
a. The act is committed in the spirit of lawlessness
b. The act is committed in the spirit of revenge
 The passion or obfuscation must arise from lawful
sentiments
o If the relationship is illegitimate, it is not mitigating
7. That the offender had voluntarily surrendered
himself to a person in authority or his agents, or that
he had voluntarily confessed his guilt before the
court prior to the presentation of the evidence for
the prosecution;
 Based on the lesser perversity of the offender
 2 mitigating circumstances which are independent
from each other:
a. Voluntary surrender to a person in authority or his
agents
1. Must be spontaneous
2. Shows intent of the accused to submit himself
unconditionally
3. The offender had not been actually arrested
b. Voluntary confession of guilt before the court prior
to the presentation of evidence for the prosecution
o The plea must be made before trial begins or there is
an amendment in the information
o Not applicable to culpable felonies and crimes
punished by special laws
o ―person in authority‖—one directly vested with
jurisdiction, that is, a public officer who has the
power to govern and execute the laws
8. That the offender is deaf and dumb, blind or
otherwise suffering some physical defect which thus
restricts his means of action, defense, or
communications with his fellow beings.
 Based on the diminution of freedom of action
 Does not distinguish between educated and
uneducated
9. Such illness of the offender as would diminish the
exercise of the will-power of the offender without
however depriving him of the consciousness of his
acts.
 Based on the diminution of intelligence and intent
Page 7 of 41
  Includes illness of the mind
 Illness of the nerves or moral faculty:
a. Mild-behavior disorder
b. Acute neurosis—diseases of pathological state that
trouble the conscience or will
c. Feeblemindedness
d. Schizo-affective disorder or psychosis
10. And, finally, any other circumstances of a similar
nature and analogous to those above mentioned.
Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL
LIABILITY
14. Aggravating circumstances. — The following are
aggravating circumstances:
 If attendant, it serves to increase the penalty in its
maximum period
 Based on the greater perversity as manifested by:
a. Motivating power
b. Place of the commission
c. Means and ways employed
d. Time
e. Personal circumstances of the offender or the
offended party
 Kinds of aggravating circumstance:
a. Generic—can be applied to all crimes
b. Specific—applies only to particular crimes
c. Qualifying—those that change the nature of the crime
d. Inherent—those that must, by necessity, accompany
the commission of the crime
1. That advantage be taken by the offender of his
public position.
 The public officer must use the influence, prestige or
ascendancy
 Based on the greater perversity as shown by the
personal circumstance of the offender
 Not aggravating in:
a. Malversation
b. Falsification of documents committed by public
officers
c. Accessories
2. That the crime be committed in contempt or with
insult to the public authorities.
 Based on the lack of respect for public authorities
 Requisites:
a. Public authority is engaged in the exercise of his
functions
b. The crime should not be committed against the
public authority
c. The offender knows him to be a public authority
d. His presence has not prevented the offender from
committing the criminal act
3. That the act be committed with insult or in disregard
of the respect due the offended party on account of
his rank, age, or sex, or that is be committed in the
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
dwelling of the offended party, if the latter has not
given provocation.
 If all 4 circumstances are present, it is only one
aggravating
 Applicable to crimes against persons or honor
 Deliberate intent to insult is essential
 Rank—high social standing or position
 Not applicable to following cases:
a. Passion or obfuscation
b. Where there exists a relationship between the
offended party and offender
c. When the condition of being a woman is
indispensable
 Dwelling—must be a building or structure, exclusively
used for rest and comfort
 Requisites (the provocation must be):
a. Given by the owner of the dwelling
b. Sufficient
c. Immediate to the commission of the crime
 The requisites of provocation should be absent for it
to be aggravating
4. That the act be committed with abuse of confidence
or obvious ungratefulness
 Requisites:
a. Offended party had trusted the offender
b. The offender abused such trust by committing a
crime against the offended party
c. The abuse of confidence facilitated the commission
of the crime
5. That the crime be committed in the palace of the
Chief Executive or in his presence, or where public
authorities are engaged in the discharge of their
duties, or in a place dedicated to religious worship.
 The public authorities are in the performance of their
duties and must be in their office, and may be the
offended party
 If it is in the Malacanang palace or a place for religious
worship, official or religious functions are not
necessary
 The offender must have intention to commit a crime
when he entered the place
6. That the crime be committed in the night time, or in
an uninhabited place, or by a band, whenever such
circumstances may facilitate the commission of the
offense.
Whenever more than three armed malefactors shall
have acted together in the commission of an offense,
it shall be deemed to have been committed by a
band.
 Their elements are distinctly perceived and can subsist
independently
 Requisites:
a. It facilitated the commission of the crime
Page 8 of 41
 b. It was especially sought for by the offender to insure
impunity
c. It was taken advantage by the offender
 Nighttime—period of darkness
o When the place is illuminated, it is not aggravating
 Uninhabited place—the victim has no possibility of
receiving help
 Band—composed of more than 3 armed persons
7. That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic or
other calamity or misfortune.
 The calamity must give rise to a chaotic condition
 The reason s that it adds suffering by taking advantage
of their misfortune to despoil them
8. That the crime be committed with the aid of armed
men or persons who insure or afford impunity.
 Present even if one of the offenders merely relied on
their aid, for actual aid is not necessary
 If there are 3 armed men or less, it is aid of armed
men
 Requisites:
a. The armed men or persons took part in the
commission of the crime, directly or indirectly
b. The accused availed himself of their aid or relied
upon them when the crime was committed
9. That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one
crime, shall have been previously convicted by final
judgment of another crime embraced in the same
title of this Code.
 What is controlling is the time of trial, not the
commission of the crime
 Pardon does not obliterate the fact that the accused is
a recidivist
 Amnesty extinguishes the penalty and its effects
10. That the offender has been previously punished by
an offense to which the law attaches an equal or
greater penalty or for two or more crimes to which it
attaches a lighter penalty.
 Reiteracion—necessary that the offender shall have
served out his sentence for the first offense
11. That the crime be committed in consideration of a
price, reward or promise
 There are two or more principals when this
aggravating circumstance is present and it affects both
of them
a. One who gives or offers the price or promise
b. One who accepts it
 The evidence must show that one of the accused used
money or other valuable consideration for the purpose
of inducing another to perform the deed
 The inducement must be the principal motivating
factor, and nothing else, for the other person in
committing the crime
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
12. That the crime be committed by means of
inundation, fire, poison, explosion, stranding of a
vessel or intentional damage thereto, derailment of
a locomotive, or by the use of any other artifice
involving great waste and ruin
 Basis has reference to means and ways employed
 Unless used by the offender as a means to accomplish
a criminal purpose, any of the circumstances in par. 12
cannot be considered to increase the penalty or to
change the nature of the offense
 Hence, there should be an actual design to kill and that
the use of those circumstances should be purposely
adopted as a means to that end
 By means of fire
o When the intended crime to be committed is arson
and somebody dies, the crime is simply arson and
the act resulting in the death of that person is not
even an independent crime of homicide, it being
absorbed
o If the offender had the intent to kill the victim,
burned the house, and the victim died as a
consequence, the crime is murder, qualified by the
circumstance that the crime was committed ―by
means of fire‖
 By means of explosion
o Absorbed in crime involving destruction (Art. 324)
 By means of derailment of locomotive
o Art. 330 defines and penalizes the crime of damage
o means of communication, derailment of cars,
collision or accident must result from damage to a
railway, telegraph or telephone lines
13. That the act be committed with evident
premeditation
 Basis is the ways of committing the crime
 Evident premeditation—a deliberate planning of the
act before executing it
 Requisites of evident premeditation: (the prosecution
must prove—)
1. The time when the offender determined to commit
the crime
2. An act manifestly indicating that the culprit has
clung to his determination
o Must be based upon external acts
3. A sufficient lapse of time between the determination
and execution, to allow him to reflect upon the
consequences of his act and to allow his conscience
to overcome the resolution of his will
 Evident premeditation and price or reward can co-
exist
 When the victim is different from that intended,
premeditation is not aggravating
 But if the accused intend to kill no specific person,
premeditation is aggravating
Page 9 of 41
  Evident premeditation, while inherent in robbery, may
be aggravating in robbery with homicide if the
premeditation included the killing of the victim
14. That craft, fraud, or disguise be employed
 Basis is the means employed
 Craft—involves intellectual trickery and cunning on
the part of the accused
o A chicanery resorted to by the accused to aid in the
execution of his criminal design
 Fraud—insidious words or machinations used to
induce the victim to act in a manner which would
enable the offender to carry out his design
o To differentiate from craft, fraud constitutes direct
inducement by insidious words or machinations
 Disguise—resorting to any device to conceal identity
15. That advantage be taken of superior strength, or
means be employed to weaken the defense
 To take advantage of superior strength—to use
purposely excessive force out of proportion to the
means of defense available to the person attacked
 The evidence of relative physical strength is necessary
 Applicable only to crimes against persons, and
sometimes against person and property, such as
robbery with homicide
 There is also abuse of superior strength
o by numerical superiority
o when weapon used is out of proportion to the
defense available to the offended party
o in coercion and forcible abduction
o intoxication of the victim to weaken the defense
 but if state of intoxication is such that the victim
cannot put up any sort of defense, it is treachery
 There is no abuse of superior strength when one acted
as principal and the other two as accomplices
 When there is an allegation of treachery, superior
strength is absorbed
16. That the act be committed with treachery
 There is treachery when the offender commits any
of the crimes against person, employing means,
methods or forms in the execution thereof which
tend directly and specially to insure its execution,
without risk to himself arising from the defense
which the offended party might make
 Treachery—the offended party was not given
opportunity to make a defense
 Requisites of treachery:
1. That at the time of the attack, the victim was not in
a position to defend himself
2. That the offender consciously adopted the particular
means, method or form of attack employed by him
 Rules regarding treachery:
a. Applicable only to crimes against the person
b. Means, methods or forms need not insure
accomplishment of crime but only its execution
c. The mode of attack must be consciously adopted
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
 Treachery cannot be presumed, the existence of this
qualifying or aggravating circumstance should be
proven fully as the crime itself
 The killing of a child is murder qualified by treachery,
even if the manner of attack was not shown
 Treachery may exist even if the attack is face to face
 Attack from behind is not always treachery
 Attacks showing intention to eliminate risk:
a. Victim asleep
b. Victim half-awake or just awakened
c. Victim grappling or being held
d. Flashing the beam of a flashlight on the face of the
victim
e. Attacked from behind with a firearm, a bladed
weapon, and other modes of armed attack
 It must be shown that the treacherous acts were
present and preceded the commencement of the
attack which caused the injury complained of
 Summary of the rules:
a. When the aggression is continuous, treachery must
be present in the beginning of the assault
b. When the assault was not continuous, it is sufficient
that treachery was present at the moment the fatal
blow was given
17. That means be employed or circumstances brought
about which add ignominy to the natural effects of
the act
 Ignominy—a circumstance pertaining to the moral
order, which adds disgrace and obloquy to the material
injury caused by the crime
 Involves moral suffering
 Applicable to crimes against
a. Chastity
b. Less serious physical injuries
c. Light or grave coercion
d. Murder
 The means employed or the circumstances brought
about must tend to make the effects of the crime more
humiliating or to put the offended party to shame
18. The crime be committed after an unlawful entry
 There is an unlawful entry when an entrance is
effected by a way not intended for the purpose
 To effect the entrance, and not for escape
 Swelling and unlawful entry taken separately in
murders committed in a dwelling
 Unlawful entry is not aggravating in trespass to
dwelling
19. That as means to the commission of a crime, a wall,
roof, floor, door or window be broken
20. That the crime be committed with the aid of persons
under 15 years of age, by means of motor vehicles,
motorized watercraft, airships, or other similar
means
 Two different circumstances are grouped in this
paragraph
Page 10 of 41
  By means of motor vehicles e. Relative by affinity in the same degree of the
o When the accused used the motor vehicle in going offender
to the place of the crime, in carrying away the effects o Includes also the relationship of stepfather or
thereof, and in facilitating their escape stepmother and stepson or stepdaughter
o If the motor vehicle was used only in facilitating the Mitigating Circumstance
escape, it should be an aggravating circumstance a. Crimes against property by analogy to Art. 332
 By other similar means— i. Robbery iv. arson
o motorized vehicles or other efficient means of ii. Usurpation v. trespass to dwelling
transportation similar to automobile or airplane iii. Fraudulent insolvency
21. That the wrong done in the commission of the crime b. Crimes against persons (offended party is a lower in
be deliberately augmented by causing other wrong degree than the offender)
not necessary for its commission i. Less serious physical injuries
 Cruelty—when the culprit enjoys and delights in ii. Slight physical injuries
making his victim suffer slowly and gradually, causing Exempting Circumstance
him unnecessary physical pain in the consummation of a. Art. 332 (no criminal liability but only civil)
the criminal act i. Theft
 Requisites of cruelty: ii. Swindling or estafa
1. That the injury be deliberately increased by causing iii. Malicious mischief
other wrong Aggravating Circumstance
2. That the other wrong be unnecessary for the a. Crimes against persons
execution of the purpose of the offender i. Serious physical injuries
ii. Homicide or murder
15. Alternative circumstances are those which must be iii. Less serious physical injuries
taken into consideration as aggravating or mitigating iv. Slight physical injuries
according to the nature and effects of the crime and the v. rape
other conditions attending its commission. They are the b. Crimes against chastity
relationship, intoxication and the degree of instruction i. Acts of lasciviousness
and education of the offender Neither mitigating nor aggravating
 Inseparable from and inherent in the crime
The alternative circumstance of relationship shall be a. Parricide
taken into consideration when the offended party in the b. Adultery
spouse, ascendant, descendant, legitimate, natural, or c. Concubinage
adopted brother or sister, or relative by affinity in the 2. Intoxication
same degrees of the offender  It must diminish the agent’s capacity to know the
The intoxication of the offender shall be taken into injustice of his acts, and his will to act accordingly
consideration as a mitigating circumstances when the  State of intoxication—offender’s mental faculties
offender has committed a felony in a state of intoxication, must be affected by drunkenness
if the same is not habitual or subsequent to the plan to  Non-habitual intoxication, lack of instruction and
commit said felony but when the intoxication is habitual obfuscation are not to be taken separately and are
considered as one mitigating circumstance
or intentional, it shall be considered as an aggravating
circumstance Mitigating Circumstance
 Alternative Circumstances  The state of intoxication must be proved, and if proved,
o Those which must be taken into consideration as presumption is non-habitual or unintentional
aggravating or mitigating according to the nature and  His exercise of will power is impaired (reason)
effects of the crime and the other conditions attending a. Intoxication is not habitual
its commission b. Intoxication is not subsequent to the plant to commit
o The basis is the nature and effects of the crime and the a crime
other conditions attending its commission Aggravating Circumstance
 The alternative circumstances are:  Because it is intentional, the offender resorted to it in
1. Relationship order to bolster his courage to commit a crime
a. Spouse (reason)
b. Ascendant a. Intoxication is habitual
c. Descendant o The habit should be actual and confirmed
d. Legitimate, natural, or adopted brother or sister o Habitual drunkard—one has given to intoxication
by excessive use of intoxicating drinks

Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 11 of 41

 b. Intentional 2. A juridical person cannot commit a crime in
c. Subsequent to the plant to commit a felony which a willful purpose or a malicious intent is
3. Degree of instruction and education of the offender required
Aggravating Circumstance o Criminal actions are restricted or limited to
a. High degree of instruction and education the officials of the corporation and never
b. The offender avails it in committing the crime directed against the corporation itself, except
o When the offender availed himself or took under:
advantage of it in committing the crime i. Corporation Law
ii. Public Service Law
Mitigating Circumstance iii. Securities Law
 Ordinarily, mitigating in all crimes iv. Election Code
 Must be proved positively and directly and cannot 3. There is substitution of deprivation of liberty
be based on mere deduction or interference for pecuniary penalties in case of insolvency of
 Low degree of instruction and education or lack of it the accused
o Can only be considered in the trial court and not 4. Other penalties consisting in imprisonment and
in the appellate court other deprivation of liberty can be executed only
 Lack of instruction: against individuals
a. Has not received any instruction b. Passive subject—injured party
b. Illiteracy 1. Man
c. Lack of sufficient intelligence o Dead man—defamation under Art. 353
Not Mitigating Circumstance 2. Juristic person
a. Crimes against property 3. Group
i. Estafa iv. arson 4. State
ii. Theft v. rape
iii. Robbery 17. The following are considered principals:
b. Crimes against chastity 1. Those who take direct part in the execution of the
i. adultery act
c. Treason—love of country must be a natural feeling  Principals by Direct Participation
d. Murder—to kill is forbidden by natural law o Requisites for two or more offenders:
a. They participated in the criminal resolution
16. The following are criminally liable for grave or less  Conspiracy
grave felonies:  Exists when two or more persons come to an
1. Principals agreement concerning the commission of a
2. Accomplices felony and decide to commit it
3. Accessories  A manner of incurring a criminal liability and
not a felony
The following are criminally liable for light felonies
1. Principals  There must be intentional participation with a
view to the furtherance of common design
2. Accomplices
and purpose
 Rules relative to light felonies:
 No formal agreement or previous
a. Punishable only when they have been consummated
acquaintance among the conspirators is
with the exception of those committed against necessary
persons or property
b. Only principals and accomplices are liable  Implied when there is unity of purpose and
c. Accessories are not liable even if they are committed intention:
against persons or property i. Spontaneous agreement
 Because the social wrong, as well as the individual ii. Active cooperation by all offenders
prejudice, is so small that penal sanction is iii. Contributing by positive acts to the
realization of a common criminal intent
unnecessary
iv. Presence during the commission of the
 Two parties in a crime: crime by a band and lending moral
a. Active subject—criminal support thereto
 only natural persons can be the subject of crime,
 There is a collective criminal responsibility
because:
where the act of one is the act of all
1. RPC requires that the culprit should have acted
o Liable for another’s conspirator’s acts which
with personal malice or negligence
differ radically and substantially from that
which they intended to commit except:

Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 12 of 41

 i. Parricide
ii. Murder with treachery
 Proof of conspiracy:
i. Confession of several accused
ii. The malefactors have acted in concert
pursuant to the same objective
b. They carried out their plan and personally took
part in its execution by acts which directly tended
to the same end
 When lacking, there is only conspiracy and,
thus, no criminal liability except in treason,
rebellion or sedition
2. Those who directly force or induce others to commit
it
 Principals by Induction
o Principals by inducement or induction—comprise of
price, promise of reward, command, and pacto
o Requisites:
1. That the inducement be made directly with the
intention of procuring the commission of the
crime
2. That such inducement be the determining cause of
the commission of the crime by the material
executor
 There must exist on the part of the inducer the
most positive resolution and the most persistent
effort to secure the commission of the crime,
together with the presentation to the person
induced of the very strongest king of temptation
to commit the crime
 The inducement must precede the act induced
and must be so influential in producing the
criminal act that without it, the act would not
have been performed
o 2 ways of becoming a principal by induction:
a. Directly forcing another to commit a crime
ii. By using irresistible force
iii. By causing uncontrollable fear
 Only the one using force or causing fear is
criminally liable
b. Directly inducing another to commit a crime
i. By giving price, or offering reward or promise
 There is collective criminal responsibility
 The former, by inducement
 The latter, by direct participation
ii. By using words of command
 The inciting words must have great
dominance and influence over the person
who acts where it would be the moving
cause for the offense
 There is also collective criminal
responsibility
 In order that a person using words of
command may be held liable as principal,
the following requisites must all be present:
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
a. That the one uttering the words of command
must have the intention of procuring the
commission of a crime
b. That the one who made the command must have
an ascendancy or influence over the person who
acted
c. That the words used must be direct, so
efficacious, so powerful as to amount to physical
or moral coercion
d. The words of command must be uttered prior to
the commission of the crime
e. That material executor of the crime has no
personal reason to commit the crime
 Effects of acquittal of principal by direct
participation upon the liability of principal by
inducement:
1. Conspiracy is negatived by the acquittal of co-
defendant
2. One cannot be held guilty of having instigated the
commission of a crime without first being shown
that the crime has been actually committed by
another
3. If the one charged as principal by direct
participation is acquitted, his acquittal is not a
ground for the acquittal of the principal by
inducement
Principal by inducement Proposal to commit a felony
There is an inducement to commit a crime
Liable only when the crime The person to whom the
is committed by the proposal is made should not
principal by direct commit the crime;
participation otherwise, the proponent
becomes a principal by
inducement
Inducement involves any The proposal to be
crime punishable must involve
only treason or rebellion
3. Those who cooperate in the commission of the
offense by another act without which it would have
been accomplished
 Principals by Indispensable Cooperation
 Cooperate—to desire or wish in common a thing
 Requisites:
a. Participation in the criminal resolution
o There is either anterior conspiracy or unity of
criminal purpose and intention immediately before
the commission of the crime charged
b. Cooperation in the commission of the offense by
performing another act, without which it would not
have been accomplished
18. Accomplices are the persons who, not being included
in Art. 17, cooperate in the execution of the offense by
previous or simultaneous acts
Page 13 of 41
 Quasi-collective criminal responsibility—some of the Conspirator Accomplice
offenders in the crime are principals and the others as They know and agree with the criminal design
accomplices Know the criminal Come to know about it
 Concurrence of the will of the accomplice with the will intention because they after the principals have
of the author of the crime and the accomplice themselves have decided reached the decision, and
cooperates by previous or simultaneous acts in the upon it only then do they agree to
execution of the offense by the principal cooperate in its execution
 In case of doubt, the participation of the offender will be Decides that a crime Merely concur with it
considered that of an accomplice rather than that of a should be committed
principal Authors of the crime Merely instruments who
 When the participation of an accused is not disclosed, he perform acts not essential
is only an accomplice to the perpetration of the
 Accomplice: offense
o Does not enter into a conspiracy with the principal by
direct participation 19. Accessories are those who, having knowledge of the
o Does not have previous agreement or understanding commission of the crime, and without having participated
with the principal to commit a crime therein, either as principals or accomplices, take part
o He participates to a certain point in the common subsequent to its commission in any of the following
criminal design manners:
o Gets a penalty one degree lower than that provided for 1. By profiting themselves or assisting the offender to
the principal in a consummated felony profit by the effects of the crime
 Requisites:  The crime committed by the principal may be any
1. There be community of design; that is, knowing the crime, except light felony
criminal design of the principal by direct participation,  The accessory must receive the property from the
he concurs with the latter in his purpose principal and not take it without the consent of the
o Knowledge of the criminal design of the principal latter
can be acquired by the accomplice through:
 Theft—by taking with intent to gain, personal
a. When the principal informs or tells the accomplice
of the former’s criminal design property from one who stole it, without the latter’s
consent
b. When the accomplice saw the criminal acts of the
principal 2. By concealing or destroying the body of the crime,
o The community of design need not be to commit or the effects or instruments thereof, in order to
the crime actually committed. It is sufficient if there prevent its discovery
was a common purpose to commit a particular  ―Corpus delicti‖—a specific offense was in fact
crime and that the crime actually committed was a committed by someone
natural or probable consequence of the intended 3. By harboring, concealing, or assisting in the escape
crime of the principals of the crime, provided the
2. He cooperates in the execution of the offense by accessory acts with abuse of his public functions or
previous or simultaneous acts, with the intention of whenever the author of the crime is guilty of
supplying material or moral aid in the execution of the treason, parricide, murder, or an attempt to take
crime in an efficacious way the life of the Chief Executive, or is known to be
o The cooperation of the accomplice is only necessary,
habitually guilty of some other crime
not indispensable
o The cooperation is not due to a conspiracy  2 classes of accessories under this paragraph:
o The wounds inflicted by an accomplice in crimes c. Public officers
against persons should not have caused the death of e. Requisites:
the victim 2. The accessory is a public officer
o Being present and giving moral support when a 3. He harbors, conceals, or assists in the escape
crime is being committed where it may be through of the principal
advice, encouragement or agreement 4. He acts with abuse of his public function
3. There be a relation between the acts done by the 5. The crime committed by the principals is any
principal and those attributed to the person charged as crime, except a light felony
accomplice iii. Private persons
o Requisites:
a. The accessory is a private person
b. He harbors, conceals or assists in the escape
of the author of the crime

Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 14 of 41

 c. The crime committed by the principal is
either:
i. Treason
ii. Parricide
iii. Murder
iv. An attempt against the life of the President
v. That the principal is known to be habitually
guilty of some other crime
 Accessories does not participate in the criminal design,
nor cooperate in the commission of the felony, but, with
knowledge of the commission of the crime, he
subsequently takes part in the 3 ways enumerated above
 Important words:
iv. ―Having knowledge‖
v. ―Commission of the crime‖
o The crime committed by the principal must be
proven beyond reasonable doubt
vi. ―Without having participated therein either as
principals or accomplices‖
vii. ―Take part subsequent to its commission‖
 Mere possession of stolen property does not make the
accused an accessory where the thief was already
convicted
o But if there has been no one convicted as thief, the
possessor should be prosecuted as principal of the
crime of theft
 Suspicion—the imagination of the existence of
something without proof, or upon very slight evidence,
or upon no evidence at al
 Knowledge of the commission of crime may be
established by circumstantial evidence
 One who kept silent with regard to the crime he
witnessed is not an accessory
 Accessories’ liability is subordinate and subsequent
 Conviction of an accessory is possible notwithstanding
the acquittal of the principal, if the crime was in fact
committed, but the principal was not held criminally
liable, because of an exempting circumstance
 Anti-Fencing Law of 1979
o Fencing—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 or theft
20. The penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their
spouses, ascendants, descendants, legitimate, natural,
and adopted brothers and sisters, or relatives by affinity
within the same degrees, with the single exception of
accessories falling within the provisions of par. 1 of the
next preceding article
 Based on the ties of blood and the preservation of the
cleanliness of one’s name
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
 An accessory is exempt from criminal liability, when the
principal is his—
o Spouse
o Ascendant
o Descendant
o Legitimate, natural or adopted brother, sister, or
relative by affinity within the same degree
 Accessory is not exempt from criminal liability even if
the principal is related to him, if such accessory
b. Profited by the effects of the crime
c. Assisted the offender to profit by the effects of the
crime
 Only accessories under Art. 19(2) and (3) are exempt
from criminal liability if they are related to the principals
Penalties in General
 Penalty—suffering that is inflicted by the state for the
transgression of a law
 The purpose of the State in punishing crimes is to secure
justice
 Constitution directs that ―excessive fines shall not be
imposed, nor cruel and unusual punishment inflicted‖
 Cruel and unusual—disproportionate to the offense
committed as to shock the moral sense of all reasonable
men as to what is right and proper under the
circumstances
 Juridical conditions of penalty:
a. Productive of suffering, without affecting the integrity
of the human personality
b. Commensurate with the offense—different crimes
must be punished with different penalties
c. Personal—no one should be punished for the crime of
another
d. Legal—it is the consequence of a judgment according
to law
e. Certain—no one may escape its effects
f. Equal for all
g. Correctional
 Theories justifying penalty:
a. Prevention—to prevent or suppress the danger to the
State arising from the criminal acts of the offender
b. Self-defense—right to punish criminal as a measure of
self-defense so as to protect society from the threat
and wrong inflicted by the criminal
c. Reformation—to correct and reform the offender
d. Exemplarity—to serve as an example to deter others
from committing crimes
e. Justice—an act of retributive justice, a vindication of
absolute right and moral law violated by the criminal
 Three-fold purpose of penalty:
a. Retribution or expiation—the penalty is
commensurate with the gravity of the offense
b. Correction or reformation—regulate the execution of
the penalties consisting in deprivation of liberty
c. Social defense—shown by its inflexible severity to
recidivists and habitual delinquents
Page 15 of 41
21. Penalties that may be imposed
 No felony shall be punishable by any penalty not
prescribed by law prior to its commission
 Art. 21 simply announces the policy of the State as
regards punishing crimes
 It can only be invoked when a person is being tried for
an act or omission for which no penalty has been
prescribed by law
22. Retroactive effect of penal laws
 Penal Laws shall have a retroactive effect insofar as
they favor the persons guilty of a felony, who is not a
habitual criminal, as this term is defined in Rule 5 of
Art. 62 of this Code, although at the time of the
publication of such laws a final sentence has been
pronounced and the convict is serving the same
 Art. 22 is not applicable to the provisions of the RPC
because it must necessarily relate to:
a. Penal laws existing prior to the RPC, in which the
penalty was less severe than those of the Code
b. Laws enacted subsequent to the RPC, in which the
penalty is more favorable to the accused
 Generally, criminal laws have prospective effect except
a. when it is favorable to the accused; then, it can be
given a retroactive effect
b. the new law provides of such
 The favorable new statute shall benefit and apply to the
defendant even when:
a. Crime has been committed and prosecution begins
b. Sentence has been passed but service has not begun
c. The sentence is being carried out
 Ex post facto law, one which:
a. makes criminal an act done before the passage of the
law and which was innocent when done, and punishes
such an act
b. aggravates a crime, or makes it greater than it was,
when committed
c. changes the punishment and inflicts a greater
punishment than the law annexed to the crime when
committed
d. alters the legal rules of evidence, and authorizes
conviction upon less or different testimony than the
law required at the time of the commission of the
crime
e. assuming to regulate civil rights and remedies only, in
effect imposes penalty or deprivation of a right for
something which when done was lawful
f. deprives a person accused of a crime of some lawful
protection to which he has become entitled, such as
the protection of a former conviction or acquittal, or a
proclamation of amnesty
 Criminal liability under former law is obliterated when
the repeal is absolute
 Criminal liability under the repealed law subsists:
a. When the provisions of the former law are re-enacted
b. When the repeal is by implication
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
c. When there is a saving clause
 When a penal law, which impliedly repealed an old law,
is itself repealed, the repeal of the repealing law revives
the prior penal law, unless the language of the repealing
statute provides otherwise
 The jurisdiction of a court to try a criminal action is to
be determined by the law in force at the time of
institution the action, not at the time of the commission
of the crime
Art. 23. A pardon of the offended party does not
extinguish criminal action except as provided in Art. 344
of this Code; but civil liability with regard to the interest of
the injured party is extinguished by his express waiver
 A pardon by the offended party does not extinguish
criminal action because the crime committed is an
offense against the State
 Except in Art. 344 where pardon must be made before
the institution of criminal prosecution
o The offended party in the crimes of adultery and
concubinage cannot institute criminal prosecution, if
he shall have consented or pardoned the offenders
 It also requires that both offenders must be
pardoned by the offended party
 The pardon here may be implied, as continued
inaction of the offended party after learning of the
offense
o In the crimes of seduction, abduction, rape or acts of
lasciviousness, there shall be no criminal prosecution if
the offender has been expressly pardoned by the
offended party or her parents, grandparents, or
guardian, as the case may be
o Only act that extinguishes the penal action after the
institution of criminal action, is the marriage between
the offender and the offended party
 Offense causes 2 classes of injuries:
1. Social injury
a. Produced by the disturbance and alarm which are
the outcome of the offense
b. Sought to be repaired through the imposition of the
corresponding penalty where the State has an
interest
2. Personal injury
o Caused to the victim of the crime who suffered
damage either to his person, property, or to his
honor or to her chastity
24. Measures of prevention or safety which are not
considered penalties
 The following shall not be considered as penalties:
1. The arrest and temporary detention of accused
persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their
confinement in a hospital
Page 16 of 41
 2. The commitment of a minor to any of the a. Divisible—those that have fixed duration and are
institutions mentioned in Art. 80 and for the divisible into 3 periods
purposes specified therein b. Indivisible—those that have no fixed duration
3. Suspension from the employment of public office i. Death ii. Reclusion perpetua
during the trial or in order to institute proceedings ii. Perpetual absolute or special disqualification
iii. Public censure
4. Fines and other corrective measures which, in the
2. Accessory—those that are deemed included in the
exercise of their administrative disciplinary powers, imposition of the principal penalties
superior officials may impose upon their
 Classification according to subject-matter:
subordinates 1. Corporal—Death
5. Deprivation of rights and the reparations which the 2. Deprivation of freedom
civil laws may establish in penal form  reclusion, prision, arresto
3. Restriction of freedom—Destierro
Classification of Penalties 4. Deprivation of rights
25. The penalties which may be imposed, according to  disqualification and suspension
5. Pecuniary—Fine
this Code, and their different classes, are those included
in the following:  Classification according to their gravity:
1. Capital
Scale
2. Afflictive
A. Principal Penalties 3. Correctional—less grave felonies
1. Capital Punishment 4. Light—light felonies
i. Death
2. Afflictive penalties 26. A fine, whether imposed as a single or as an
i. Reclusion perpetua alternative penalty, shall be considered an
ii. Reclusion temporal A. Afflictive penalty—exceeds 6,000 pesos
iii. Perpetual or temporary absolute disqualification B. Correctional penalty—200 to 6,000 pesos
iv. Perpetual or temporary special disqualification C. Light penalty—less than 200 pesos
v. Prision mayor  Bond to keep the peace is analogous with fine
3. Correctional penalties
i. Prision correccional iii. Suspension 27. Duration of penalties
ii. Arrestor mayor iv. Destierro A. Reclusion perpetua—20 yrs and 1 day to 40 yrs
4. Light penalties B. Reclusion temporal—12 yrs and 1 day to 20 yrs
i. Arresto menor ii. Public censure C. Prision mayor and temporary disqualification—
5. Penalties common to the 3 preceding classes 6 yrs and 1 day to 12 yrs
i. Fine  Except when the disqualification is accessory
ii. Bond to keep the peace penalty, in which case its duration is that of the
B. Accessory Penalties principal penalty
1. Perpetual or temporary absolute disqualification D. Prision correccional, Suspension, and Destierro—6
2. Perpetual or temporary special disqualification months and 1 day to 6 yrs
3. Suspension from public office, the right to vote and  Except when suspension is imposed as an accessory
be voted for, the profession or calling penalty, in which case, its duration shall be that of
4. Civil interdiction the principal penalty
5. Indemnification E. Arresto mayor—1 month and 1 day to 6 months
6. Forfeiture or confiscation of instruments and F. Arresto menor—1 day to 30 days
proceeds of the offense G. Bond to keep the peace—the period during which the
7. Payment of cost bond shall be effective is discretionary on the court
 RA 7659 provided that the duration of reclusion perpetua is  Cases where Destierro is imposed:
now from 20 years and 1 day to 40 years 1. Art. 247—Serious physical injuries or death under
 RA 9346 prohibited the imposition of the death penalty, exceptional circumstances
and provided for the imposition of the penalty of 2. Art. 284—in case of failure to give bond for good
reclusion perpetua in lieu of death behavior
 Classification of penalties: 3. Art. 334—as a penalty for the concubine in
1. Principal—those expressly imposed by the court in the concubinage
judgment of conviction 4. In cases where after reducing the penalty by one or
more degrees Destierro is the proper penalty

Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 17 of 41

28. Computation of penalties
A. When the offender is in prison—the duration of the
temporary penalties is from the day on which the
judgment of conviction becomes final
B. When the offender is not in prison—the duration of
the penalty consisting of deprivation of liberty, is from
the day that the offender is placed at the disposal of
the judicial authorities for the enforcement of the
penalty
C. The duration of the other penalties—from the day on
which the offender commences to serve his sentence
 If it is on appeal—his service of sentence should
commence from the date of the promulgation of the
decision of the appellate court
 Temporary penalties:
1. Temporary absolute disqualification
2. Temporary special disqualification
3. Suspension
 Rules in cases of temporary penalties:
1. If offender is under detention—Rule 1 applies
2. If not under detention—Rule 3 applies
 Deprivation of liberty:
1. Imprisonment
2. Destierro
 Rules in cases of deprivation of liberty:
1. When offender is not in prison—Rule 2 applies
2. If offender is undergoing preventive imprisonment—
Rule 3 applies
29. Period of preventive imprisonment deducted from
term of imprisonment
 Offenders who have undergone preventive
imprisonment shall be credited in the service of their
sentence consisting of deprivation of liberty, with the
full time during which they have undergone
preventive imprisonment, if the detention prisoner
agrees voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted prisoners,
except in the following cases:
1. When they are recidivists or have been convicted
previously twice or more times of any crime
2. When upon being summoned for the execution of
their sentence they have failed to surrender
voluntarily
 If the detention prisoner does not agree to abide by
the same disciplinary rules imposed upon convicted
prisoners—4/5 of the time during which he has
undergone preventive imprisonment shall be credited
 Whenever an accused has undergone preventive
imprisonment for a period equal to or more than the
possible maximum imprisonment of the offense
charged to which he may be sentenced and his case is
not yet terminated, he shall be released immediately
without prejudice to the continuation of the trial
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
thereof or the proceeding on appeal, if the same is
under review. In case the maximum penalty to which
the accused may be sentenced is Destierro, he shall
be released after thirty (30) days of preventive
imprisonment
 The accused undergoes preventive imprisonment when
the offense charged is nonbailable, or even if bailable, he
cannot furnish the required bail
 Convict/Accused shall be released immediately
o if the penalty imposed after trial is less than the full
time or 4/5 of the time of the preventive
imprisonment
o whenever he has undergone preventive imprisonment
for a period equal to or more than the possible
maximum imprisonment for the offense charged but
the trial of his case will continue
Effects of the Penalties According to their Nature
30. Effects of the penalties of perpetual or temporary
absolute disqualification
 The penalties of perpetual or temporary absolute
disqualification for public office shall produce the
following effects:
1. Deprivation of the public offices and employments,
even if by election
2. Deprivation of the right to vote or to be elected
3. Disqualification for the offices or public
employments and for the exercise of any of the
rights mentioned
 In case of temporary disqualification, such
disqualification as is comprised in pars. 2 and 3 of
this article shall last during the term of the
sentence
4. Loss of right to retirement pay or pension for any
office formerly held
31. Effect of the penalties of perpetual or temporary
special disqualification
 The penalties of perpetual or temporal special
disqualification for public office, profession or calling
shall produce the following effects:
1. Deprivation of the office, employment, profession
or calling affected
2. Disqualification for holding similar offices or
employments perpetually or during the term of the
sentence
32. Effect of the penalties of perpetual or temporary
special disqualification for the exercise of the right of
suffrage
1. Deprivation of the right to vote or to be elected to
any public office
Page 18 of 41
 2. Cannot hold any public office during the period of
disqualification
33. Effects of the penalties of suspension from any public
office, profession or calling, or the right of suffrage
1. Disqualification from holding such office or
exercising such profession or calling or right of
suffrage during the term of the sentence
2. If suspended from public office, the offender cannot
hold another office having similar functions during
the period of suspension
34. Civil interdiction shall produce the following effects:
1. Deprivation of the rights of parental authority or
guardianship of any ward
2. Deprivation of marital authority
3. Deprivation of the right to manage his property and
of the right to dispose of such by any act or any
conveyance inter vivos
35. Effects of bond to keep the peace
1. Offender must present 2 sufficient sureties who
shall undertake that the offender will not commit
the offense sought to be prevented, and that in
case such offense be committed they will pay the
amount determined by the court
2. Offender must deposit such amount with the clerk
of court to guarantee said undertaking
3. Offender may be detained, if he cannot give the
bond, for a period not to exceed 6 months, if
prosecuted for grave or less grave felony, or for a
period not to exceed 30 days, if for a light felony
36. Pardon and its effects
 A pardon shall not work the restoration of the right to
hold public office, or the right of suffrage
o unless such rights be expressly restored by the
terms of the pardon
 A pardon shall in no case exempt the culprit from the
payment of the civil indemnity imposed upon him by
the sentence
 Limitations upon the exercise of the pardoning power:
1. That the power can be exercised only after conviction
2. That such power does not extend to cases of
impeachment
 Pardon granted in general terms does not include
accessory penalty
o Except when an absolute pardon is granted after the
term of imprisonment has expired, it removes all that
is left of the consequences of conviction
 Pardon after serving 30 years does not remove perpetual
absolute disqualification
 Pardon by:
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
Chief Executive Offended Party
Extinguishes the criminal
liability of the offender
Cannot include civil liability Can waive the civil liability
which the offender must pay which the offender must pay
Granted only after Should be given before the
conviction and may be institution of criminal
extended to any of the prosecution and must be
offenders extended to both offenders
37. Costs shall include:
a. Fees
b. Indemnities, in the course of judicial proceedings
Whether they be fixed or unalterable amounts
previously determined by law or regulations in force, or
amounts not subject to schedule
 Costs—expenses of litigation are chargeable to the
accused only in cases of conviction
 In case of acquittal, the costs are de oficio, each party
bearing his own expenses
 No costs shall be allowed against the Republic of the
Philippines unless otherwise provided by law
 The payment of costs rests upon the discretion of the
court
38. In case the property of the offender should not be
sufficient for the payment of all his pecuniary liabilities,
the same shall be met in the following order:
a. Reparation of the damage caused
b. Indemnification of the consequential damages
c. Fine
d. Costs of the proceedings
 This rule is applicable only in case the property of the
offender is insufficient for the payment of all his
pecuniary liabilities
39. If the convict has no property with which to meet the
fined mentioned in par. 3 of Art. 38, he shall be subject to
a subsidiary personal liability at the rate of one day for
each Php8, subject to the following rules: (if the principal
penalty imposed is)
a. Prision correctional or arresto and fine—shall remain
under confinement until his fine is satisfied, but his
subsidiary imprisonment shall
i. not exceed 1/3 of the term of the sentence
ii. not continue for more than 1 year
iii. no fraction or part of a day shall be counted
against the prisoner
b. only fine—the subsidiary imprisonment shall
i. not exceed 6 months—if the culprit shall have
been prosecuted for a grave or less grave felony
ii. not exceed 15 days—light felony
c. higher than prision correctional—no subsidiary
imprisonment shall be imposed upon the culprit
Page 19 of 41
 d. not be executed by confinement in a penal
institution, but is of fixed duration—the culprit shall
continue to suffer the same deprivations as those of
which the principal penalty consists under
paragraphs (a), (b), and (c)
e. The subsidiary personal liability which the convict
may have suffered by reason of his insolvency shall
not relieve him from the fine in case his financial
circumstances should improve
 Judgment of conviction must impose subsidiary
imprisonment for it to apply
 The rule only applies when the convict has no property
to which to meet the fine mentioned in Article 38
 Fine—should not and cannot be reduced or converted
into a prison term
 Subsidiary imprisonment is not an accessory penalty
 Penalty imposed must be:
1. Prision correctional
2. Arresto mayor
3. Arresto menor
4. Suspension
5. Destierro
6. Fine
 Subsidiary imprisonment under special law
a. Fine—shall not exceed 6 months, at the rate of one
day of imprisonment for every Php2.50
b. Fine and imprisonment—shall not exceed 1/3 of the
term of imprisonment, and in no case shall it exceed 1
year
c. Fine or fine and imprisonment for violation of any
municipal ordinance or ordinances of City of Manila—
the rate is one day for every Php1, until the fine is
satisfied, provided that it does not exceed 6 months;
or not more than 1/3 of the principal penalty
Penalties in which other accessory penalties are inherent
40. Death (when not executed by reason of commutation
or pardon):
a. Perpetual absolute disqualification
b. Civil interdiction for 30 years, if not expressly
remitted in the pardon
41. Reclusion perpetua and reclusion temporal:
a. Civil interdiction for life or during the sentence
b. Perpetual absolute disqualification, unless expressly
remitted in the pardon of the principal penalty
42. Prision mayor:
a. Temporary absolute disqualification
b. Perpetual special disqualification from suffrage,
unless expressly remitted in the pardon of the
principal penalty
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
43. Prision correctional:
a. Suspension from public office, profession or
calling
b. Perpetual special disqualification from suffrage, if
the duration of imprisonment exceeds 18 months,
unless expressly remitted in the pardon of the
principal penalty
44. Arresto:
Suspension, during the term of the sentence, of
a. The right to hold office
b. The right of suffrage
 Absolute pardon for any crime for which 1 year
imprisonment or more was meted out restores the
prisoner of his political rights
 Where the penalty is less than 1 year, disqualification
does not attach, except when the crime is committed
against property
 Accessory penalties need not be expressly imposed, they
are deemed imposed
45. Confiscation and forfeiture of the proceeds or
instruments of the crime
a. Every penalty imposed shall carry with it forfeiture of
the proceeds of the crime and the instruments or
tools with which it was committed
b. Proceeds and instruments or tools of the crime are
confiscated and forfeited in favor of the Government
c. Property of a third person not liable for the offense,
is not subject to confiscation and forfeiture
d. Property not subject of lawful commerce (whether it
belongs to the accused or to third person) shall be
destroyed
 No forfeiture when there is no criminal case or in case
of acquittal because no penalty is imposed
 Confiscation can be ordered only if the property is
submitted in evidence or places at the disposal of the
court
 Articles which are forfeited, when the order of forfeiture
is already final, cannot be returned even in case of
acquittal
46. The penalty prescribed by law for the commission of a
felony shall be imposed upon the principals in the
commission of such felony.
Whenever the law prescribes a penalty for a felony in
general terms, it shall be understood as applicable to the
consummated felony
 Penalties prescribed in general terms shall be imposed:
a. Upon the principals
b. For consummated felony
c. Except when the penalty to be imposed upon the
principal in frustrated or attempted felony is fixed by
law
Page 20 of 41
 Graduation of penalties by degrees refers to:
a. Stages of execution—consummated, frustrated, or
attempted
b. Degree of criminal participation—principal,
accomplice, or accessory
47. Death penalty is not imposed in the following cases:
a. When the guilty person is below 18 years of age at
the time of the commission of the crime
b. When the guilty person is more than 70 years of age
c. When upon appeal or automatic review of the case
by the SC (now by the CA), the vote of 8 members
(majority) is not obtained, the penalty of reclusion
perpetua will be imposed
When the trial court imposes the death penalty:
a. The records shall be forwarded to the SC (now to the
CA) for automatic review and judgment by the court
en banc
b. Within 20 days but not earlier than 15 days after the
promulgation of the judgment or notice of denial of
any motion for new trial or reconsideration
c. The transcript shall also be forwarded within 10 days
after the filing thereof by the stenographic reporter
 Social defense and exemplarity justify death penalty
 Death penalty is not cruel and unusual
 Punishments are cruel when they involve torture or
lingering death
 Crimes where death penalty was imposed:
1. Treason
2. Piracy or qualified piracy
3. Qualified bribery
4. Parricide
5. Murder
6. Infanticide
7. Kidnapping and serious illegal detention
8. Robbery with homicide
9. Destructive arson
10. Rape with homicide
11. Plunder
12. Certain violations of the Dangerous Drugs Act
13. Carnapping
48. Two kinds of complex crimes:
a. When a single act constitutes two or more grave or
less grave felonies—Compound crime
b. When an offense is a necessary means for
committing the other—Complex crime proper
Penalty for complex crimes:
a. Penalty for the most serious crime shall be imposed
b. It will be applied in its maximum period
 Art. 48 is intended to favor the culprit because the
offender is deemed less perverse than when he commits
said crimes through separate and distinct acts
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
 Art. 48 applies only to cases where the RPC does not
provide a definite specific penalty for a complex crime
 Art. 48 does not apply when the law provides one single
penalty for special complex crime
1. Robbery with homicide
2. Robbery with rape
3. Kidnapping with serious physical injuries
4. Kidnapping with murder or homicide
5. Rape with homicide
 Only one information should be filed when a complex
crime is committed
 Requisites for compound crime:
1. That only a single act is performed by the offender
2. That the single act produces
a. Two or more grave felonies
b. One or more grave and one or more less grave
felonies
c. Two or more less grave felonies
 The theories of ―single-criminal-impulse,‖ ―same
motive‖ or the ―single-purpose‖ are acceptable, under
Art. 48, when it is not certain who among the accused
killed or injured each of the several victims
 Requisites of Complex crime proper:
1. That at least two offenses are committed
2. That one or some of the offenses must be necessary to
commit the other (not to mean indispensable and
inherent to the commission of the crime)
3. That both or all the offenses must be punished under
the same statute
 When two crimes produced by a single act are
respectively within the exclusive jurisdiction of two
courts of different jurisdiction, the court of higher
jurisdiction shall try the complex crime
 When two felonies constituting a complex crime are
punishable by imprisonment and fine, respectively, only
the penalty of imprisonment should be imposed
 Plurality of crimes—successive execution by the same
individual of different criminal acts upon any of which
no conviction has yet been declared
 Kinds of plurality of crimes:
1. Formal or ideal plurality—there is but one criminal
liability
a. When the offender commits any of the complex
crimes defined in Art. 48
b. When the law specifically fixes a single penalty for
two or more offenses committed
c. When the offender commits continued crimes—a
single crime, but not a complex crime, consisting of
a series of acts but all arising from one criminal
resolution
2. Real or material plurality—there are different crimes in
law as well as in the conscience of the offender and
shall be punished for each and every offense that he
committed
Page 21 of 41
49. Rules as to the penalty to be imposed when the crime
committed is different from that intended: (if the penalty
for the felony committed)
a. Be higher than the penalty for the offense which
the accused intended to commit—the lower penalty
shall be imposed in its maximum period
b. Be lower than the penalty for the offense which the
accused intended to commit—the lower penalty
shall be imposed in its maximum period
c. If the act committed also constitutes attempt or
frustrations of another crime, and the law
prescribes a higher penalty for either of the latter—
the penalty for the attempted or frustrated crime
shall be imposed in its maximum period
 Art. 49 applies only when there is a ―mistake in the
identity: of the victim of the crime, and the penalty for
the crime committed is different from that for the crime
intended to be committed
 Applicable only when the intended crime and the crime
actually committed are punished with different penalties
 Does not apply to:
a. mistake in the blow—aberratio ictus
b. where a more serious consequence not intended by
the offender befalls the same person—praeter
intentionem
Penalty to be imposed upon:
50. Principals of a frustrated crime—penalty next lower in
degree than that prescribed by law for the consummated
felony
51. Principals of attempted crime—penalty lower by two
degrees than that prescribed by law for the consummated
felony
52. Accomplices in a consummated crime—penalty next
lower in degree than that prescribed by law for the
consummated felony
53. Accessories to the commission of a consummated
felony—penalty lower by two degrees than that
prescribed by law for the consummated felony
54. Accomplices in a frustrated crime—penalty next lower
in degree than that prescribed by law for the frustrated
felony
55. Accessories of a frustrated crime—penalty lower by
two degrees than that prescribed by law for the frustrated
felony
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
56. Accomplices in an attempted crime—penalty next
lower in degree than that prescribed by law for an
attempt to commit a felony
57. Accessories of an attempted crime—penalty lower by
two degrees than that prescribed by law for the attempt
 Articles 50-57 shall not apply to cases where the law
expressly prescribes the penalty for a frustrated or
attempted felony, or to be imposed upon accomplices or
accessories
 Bases for the determination of the extent of penalty to
be imposed:
a. The stage reached by the crime in its development
b. The participations therein of the persons liable
c. The aggravating or mitigating circumstances which
attended the commission of the crime
 Degree—one entire penalty, one whole penalty or one
unit of the penalties
 Period—one of the three equal portions of a divisible
penalty (minimum, medium, and maximum)
58. Public officers as accessories who help the author of a
crime by misusing their office and duties shall suffer the
additional penalties of:
a. Absolute perpetual disqualification—if the principal
offender is guilty of a grave felony
b. Absolute temporary disqualification—if the principal
offender is guilty of less grave felony
59. The penalty for impossible crime, having in mind the
social danger and the degree of criminality shown by the
offender, is arresto mayor or a fine ranging from 200 to
500 pesos
 Impossible crime—any person performing an act which
would be an offense against persons or property, were it
not for the inherent impossibility of its accomplishment
or on account of the employment of inadequate or
ineffectual means (Art. 4)
60. The provisions contained in Articles 50-57, inclusive,
of this Code shall not be applicable to cases in which the
law expressly prescribed the penalty provided for a
frustrated or attempted felony, or to be imposed upon
accomplices or accessories
 Under the general rule, an accomplice is punished by a
penalty one degree lower than the penalty imposed upon
the principal, except:
a. The ascendants, guardians, curators, teachers and any
person who by abuse of authority or confidential
relationship, shall cooperate as accomplices in the
crimes of rape, acts of lasciviousness, seduction,
corruption of minors, white slave trade or abduction
b. One who furnish the place for the perpetration of the
crime in slight illegal detention
Page 22 of 41
 Accessory punished as principal—Art. 142 punishes the
act of the accessory of knowingly concealing certain evil
practices
 Accessories punished with a penalty one degree lower
instead of two degrees in:
a. Knowingly using counterfeited seal or forged signature
or stamp of the President
b. Illegal possession and use of a false treasury or bank
note
c. Using a falsified document
d. Using a falsified dispatch
61. Rules for graduating penalties, based on the
respective graduated scale prescribed in Art. 71, to be
imposed upon persons guilty as principals of any
frustrated or attempted felony, or as accomplices or
accessories, when the penalty prescribed for the
felony/crime is:
i. Single and indivisible—penalty next lower in degree
shall be that immediately following that indivisible
penalty
 Example: reclusion perpetua for kidnapping and
failure to return a minor—the penalty next lower in
degree is reclusion temporal
ii. Composed of two indivisible penalties (1), or of one
(2) or more (3) divisible penalties to be imposed to
their full extent—penalty next lower in degree shall
be that immediately following the lesser of the
penalties
 Example:
i. reclusion perpetua to death for parricide—the
penalty immediately following the lesser of the
penalties, which is reclusion perpetua, is
reclusion temporal
ii. reclusion temporal in its full extent—the penalty
immediately following is prision mayor
iii. prision correctional to prision mayor in their full
extent—the penalty immediately following the
lesser of the penalties is arresto mayor
iii. Composed of one or two indivisible penalties and
the maximum period of another divisible penalty—
penalty next lower in degree shall be composed of
the medium and minimum periods of the proper
divisible penalty and the maximum period of that
immediately following
 Example: reclusion temporal in its maximum period
to death for murder—the penalty next lower in
degree is prision mayor in its maximum period to
reclusion temporal in its minimum and medium
periods
iv. Composed of several periods corresponding to
different divisible penalties—penalty next lower in
degree shall be composed of the period
immediately following the minimum prescribed and
of the two next following which shall be taken from
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
the penalty prescribed if possible, otherwise from
the penalty immediately following
 Example: prision mayor in its medium period to
reclusion temporal in its minimum period—the
penalty next lower in degree is prision correction in
its medium and maximum periods to prision mayor
in its minimum period
 The penalties contemplated must contain at least 3
periods
v. When the law prescribes a penalty for a crime in
some manner not specially provided for in the four
preceding rules, the courts, proceeding by analogy,
shall impose the corresponding penalties upon
those guilty as principals of the frustrated felony, or
of attempt to commit the same, and upon
accomplices and accessories
 The penalty contains one or two periods only
 Rules in lowering the penalty by one or two degrees:
a. Principal in frustrated felony—one degree lower
b. Principal in attempted felony—two degrees lower
c. Accomplice in consummated felony—one degree
lower
d. Accessory in consummated felony—two degrees
lower
 The Rules in Art. 61 should also apply in
a. determining the minimum of the indeterminate
penalty—within the range of the penalty next lower
than that prescribed by the RPC for the offense—
under the Indeterminate Sentence Law
b. lowering the penalty by one or two degrees by
reason of the presence of privileged mitigating
circumstance, or when the penalty is divisible and
there are two or more mitigating circumstances
(generic) and no aggravating circumstance
 Indivisible penalties:
a. Death b. Reclusion perpetua c. Public censure
 Divisible penalties:
a. Reclusion temporal d. Arrestor mayor
b. Prision mayor e. Destierro
c. Prision correctional f. Arresto menor
 Division of divisible penalties into three periods:
a. Minimum b. Medium c. Maximum
 In lowering the penalty, the penalty prescribed by the
RPC for the crime is the basis, without regard to the
mitigating or aggravating circumstances which
attended the commission of the crime
 Only after the penalty next lower in degree is already
determined that the mitigating and/or aggravating
circumstances should be considered
62. Mitigating or aggravating circumstances and habitual
delinquency shall be taken into account for the purpose
of diminishing or increasing the penalty in conformity
with the following rules:
Page 23 of 41
 i. Aggravating circumstances not to be taken into
account to increase the penalty
a. which in themselves constitute a crime
especially punished by law
b. which are included by the law in defining a
crimes and prescribing the penalty therefor
The maximum penalty shall be imposed in the
following cases:
a. When in the commission of the crime,
advantage was taken by the offender of his
public position
b. If the offense was committed by any person
who belongs to an organized/syndicated crime
group
 Organized/syndicated crime group—a group of
two or more persons collaborating,
confederating or mutually helping one another
for purposes of gain in the commission of any
crime
ii. The same rule applies with respect to aggravating
circumstances which are inherent in the crime
iii. Aggravating or mitigating circumstances which
arise from
a. the moral attributes of the offender
b. from his private relations
c. from any other personal cause
serve to aggravate or mitigate the liability of the
principals, accomplices, and accessories as to
whom such circumstances are attendant
iv. The circumstances which consist
a. in the material execution of the act
b. in the means employed to accomplish it
shall serve to aggravate or mitigate the liability
of those persons only who had knowledge of
them at the time of the execution of the act or
their cooperation therein
v. Habitual delinquency shall have the following
effects: (additional penalty from the penalty
provided by law for the last crime of which he is
found guilty)
a. Upon the 3rd conviction—the additional
penalty of prision correccional in its medium
and maximum periods
b. Upon the 4th conviction—the additional
penalty of prision mayor in its minimum and
medium periods
c. Upon the 5th or additional conviction—the
additional penalty of prision mayor in its
minimum period to reclusion temporal in its
minimum period
Notwithstanding the provisions of this Article,
the total of the two penalties to be imposed
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
upon the offender, in conformity herewith, shall
in no case exceed 30 years.
For the purposes of this article, a person shall
be deemed to be a habitual delinquent, if within
a period of 10 years from the date of his release
or last conviction of the crimes of serious or less
serious physical injuries, robbery, theft, estafa
or falsification, he is found guilty of any of the
said crimes a third time or oftener.
 The purpose of the law in imposing additional
penalty on habitual delinquents is to render
more effective social defense and the
reformation of multirecidivists
 The information must allege:
a. dates of the commission of the previous crimes
b. date of the last conviction or release
c. dates of the other previous convictions or releases
 Convictions on the same day or about the same time
are considered as one only
 Crimes committed on the same date, although
convictions on different dates, are considered one
 The commissions of any of those crimes need not
be consummated
 If one crime was committed during the minority of
the offender, such crime should not be considered
for the purpose of treating him as a habitual
offender, because the proceedings as regards that
crime were suspended
 The imposition of the additional penalty is
mandatory
 Such additional penalty is to be imposed according
to the number and nature of the modifying
circumstances present
 Recidivism is inherent in habitual delinquency and
shall be considered as aggravating circumstance in
imposing the principal penalty
 But in imposing the additional penalty, recidivism is
not an aggravating circumstance
63. Rules for the application of indivisible penalties
 In all cases in which the law prescribes a single
indivisible penalty, it shall be applied by the courts
regardless of any mitigating or aggravating
circumstances that may have attended the
commission of the deed.
 In all cases in which the law prescribes a penalty
composed of two indivisible penalties, the following
rules shall be observed in the application thereof:
(when in the commission of the deed/act)
1. There is only on aggravating circumstance
present—the greater penalty shall be applied
2. There are neither mitigating nor aggravating
circumstances present—the lesser penalty shall
be applied
Page 24 of 41
 3. There is some mitigating and no aggravating
circumstance present—the lesser penalty shall be
applied
4. There is both mitigating and aggravating
circumstances—the courts shall allow to offset
one another in consideration of their number and
importance
 Exception:
o When a privileged mitigating circumstance under Art.
68 or Art. 69 is present, the penalty imposed may be a
divisible penalty
64. Rules for the application of penalties which contain
three-periods. The courts shall observe for the application
of the penalty the following rules, according to whether
there are or are no mitigating or aggravating
circumstances: (when there are)
1. Neither aggravating nor mitigating—penalty
prescribed by law in its medium period
2. Only a mitigating circumstance—penalty in its
minimum period
3. Only an aggravating circumstance—penalty in its
maximum period
4. Both mitigating and aggravating circumstances-- the
courts shall allow to offset one another
 The mitigating circumstance must be ordinary, not
privileged
 The aggravating circumstance must be generic or
specific, not qualifying or inherent
 A qualifying circumstance cannot be offset by a
generic mitigating circumstance
5. Two or more mitigating circumstances and no
aggravating circumstances—penalty next lower to
that prescribed by law according to the number and
nature of such circumstances
6. Several aggravating circumstances—penalty
prescribed by law in its maximum period
7. Within the limits of each period, the courts shall
determine the extent of the penalty according to the
number and nature of the aggravating and mitigating
circumstances and the greater or lesser extent of the
evil produced by the crime
 Art. 64 does not apply to the following cases:
1. When the penalty is single and indivisible
2. In felonies through negligence
3. The penalty to be imposed upon a Moro or other non-
Christian inhabitants
 Non-Christian—refers not only to religious belief
but in a way to geographical area and, more
particularly, directly to Philippine natives of a low
grade of civilization
4. When the penalty is only a fine imposed by an
ordinance
5. When the penalties are prescribed by special laws
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
65. Rules in cases in which the penalty is not composed of
three periods
 Example: Prision correccional in its medium and maximum
periods
1. Compute and determine first the three periods of
the entire penalty
a. Prision correccional is
6 months and 1 day to 6 years
b. Subtract the minimum from the maximum
6 years – 6 months = 5 years and 6 months
c. Divide the difference with 3
5 yrs and 6 months ÷ 3 = 1 yr and 10 months
d. Use the minimum period then add the quotient to
determine each periods
Min: 6 months and 1 day to 2 yrs and 4 months
Med: 2 yrs, 4 months and 1 day to 4 yrs and 2
months
Max: 4 years, 2 months and 1 day to 6 years
2. Then subtract the lesser period from the greater
period of the prescribed penalty
6 yrs – 2 yrs and 4 months = 3 yrs and 8 months
3. Divide the difference into 3 equal portions
3 yrs and 8 months ÷ 3 = 1 yr, 2 months and 20 days
4. Use the minimum period then add the quotient to
determine each period excluding the “1 day”
Min: 2 yrs, 4 months + 1 yr, 2 months and 20 days = 3
yrs, 6 months and 2 days
Med: 3 yrs, 6 months and 21 days + 1 yr, 2 months
and 20 days = 4 yrs, 9 months and 10 days
Max: 4 years, 9 months and 11 days + 1 year, 2
months and 20 days = 6 years
66. Imposition of fines
a. The court can fix any amount of the fine within the
limits established by law
b. The court must consider—
1. The mitigating and aggravating circumstances
2. More particularly, the wealth or means of the
culprit
 Fines are not divided into three equal portions
 When the law does not fix the minimum of the fine,
determination of the amount of the fine to be imposed
is left to the sound discretion of the court, provided it
shall not exceed the maximum authorized by law
67. Penalty to be imposed when not all the requisites of
exemption of the 4th circumstance of Art. 12 are present
1. Guilty of a grave felony—the penalty of arresto
mayor in its maximum period to prision correccional
in its minimum period shall be imposed upon the
culprit
2. Guilty of a less grave felony—the penalty of arresto
mayor in its minimum and medium periods
Page 25 of 41
 The conditions necessary to exempt from liability under
Sec.4 of Art. 12 are:
1. That the act causing the injury be lawful; that is,
permitted not only by law but also by regulations
2. That it be performed with due care
3. That the injury be caused by mere accident
4. That there be no fault or intention to cause the injury
68. Penalty to be imposed upon a person under 18 years
of age
1. A child 15 years and under—exempt from criminal
responsibility
2. A child above 15 years but below 18 years of age—
exempt from criminal liability unless he has acted
with discernment
3. If the offender acted with discernment—he shall
undergo diversion programs provided under Chapter
2 of RA 9344
 The penalty to be imposed is the penalty next lower
than that prescribed by law in accordance with par. 2
of Art. 68
69. Penalty to be imposed when the crime committed is
not wholly excusable—a penalty lower by one or two
degrees than that prescribed by law shall be imposed
provided that majority of the conditions are present
 The privileged circumstances contemplated here include
the incomplete justifying and incomplete exempting
circumstances, provided the majority of their conditions
is present
 In determining the proper period of the penalty one or
two degrees lower, the court must consider the number
and nature of the conditions of exemption or
justification present or lacking
70. Successive service of sentences
1. When the culprit has to serve two or more
penalties, he shall serve them simultaneously if the
nature of the penalties will so permit
 He should serve the two terms successively and the
time of the second sentence did not commence to
run until the expiration of the first
2. Otherwise, the order of their respective severity
shall be followed
3. The respective severity of the penalties is as
follows:
a. Death to Arresto mayor, Arresto menor, Destierro
b. Perpetual absolute disqualification
c. Temporary absolute disqualification
d. Suspension from public office, right to vote and
be voted for, right to follow profession or calling
e. Public censure
4. The maximum duration of the convict’s sentence
shall not be more than threefold length of time
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
corresponding to the most severe of the penalties
imposed upon him
 The threefold rule only applies when the convict has
to serve at least 4 sentences
 Example: A is sentenced to suffer
a. 14 years, 8 months and 1 day—homicide
b. 17 years, 4 months and 1 day in another case
c. 14 years and 8 months in the third case
d. 12 years—frustrated homicide
 The total is 59 years, 8 months and 2 days
 The most severe penalty is (b) where 3 times of it is
52 years and 3 days
 Since the law has limited the duration of the
maximum term of imprisonment to not more than
40 years, the accused will have to suffer 40 years
only
 If the sum total of all the penalties does not exceed
the most severe multiplied by 3, the threefold rule
does not apply
 If the sentence is indeterminate, the basis of the
threefold rule is the maximum term of the sentence
 The imposition of threefold maximum penalty does
not preclude subsidiary imprisonment for failure to
pay a fine
5. Maximum period shall in no case exceed 40 yrs
6. In applying the provisions of this rule, the duration
of perpetual penalties shall be computed at 30
years
 Penalties which can be simultaneously served are:
a. Perpetual/Temporary absolute disqualification
b. Perpetual/Temporary special disqualification
c. Suspension
d. Destierro
e. Public censure
f. Fine and bond to keep the peace
g. Civil interdiction
h. Confiscation and payment of costs
 The above penalties, except destierro, can be served
simultaneously with imprisonment
 Different systems of penalty relative to the execution of
two or more penalties imposed on one and the same
accused:
a. The material accumulation system—all the penalties
for all the violation are imposed even if they reach the
natural span of human life
b. The juridical accumulation system—the service of the
several penalties imposed on one and the same culprit
is limited to not more than threefold the length of
time corresponding to the most severe and in no case
to exceed 40 years
c. The absorption system—the lesser penalties are
absorbed by the graver penalties
Page 26 of 41
71. Graduated Scales
 The court, in applying such lower or higher penalty in
Art. 61, shall observe the following graduated scales:
Scale No. 1
1. Death 6. Arresto mayor
2. Reclusion perpetua 7. Destierro
3. Reclusion temporal 8. Arresto menor
4. Prision mayor 9. Public censure
5. Prision correccional 10. Fine
Scale No. 2
1. Perpetual absolute disqualification
2. Temporary absolute disqualification
3. Suspension from public office, right to vote and
be voted for, and the right to follow a profession
or calling
4. Public censure
5. Fine
 Death shall no longer form part of the equation in the
graduation of penalties pursuant to RA 9346
 Destierro may be imposed when it is the penalty next
lower and the circumstances require the imposition of a
penalty one degree lower
 Art. 25—penalties are classified into (1) principal and (2)
accessory penalties. The principal penalties are
subdivided into capital, afflictive, correctional and light
 Art. 70—classifies the penalties, for the purpose of the
successive service of sentences, according to their
severity
 Art. 71—provides for the scales which should be
observed in graduating the penalties by degrees in
accordance with Art. 61
72. Preference in the payment of civil liabilities
 The civil liabilities of a person found guilty of two or
more offenses shall be satisfied by following the
chronological order of the dates of final judgments
rendered against him, beginning with the first in order
of time
Provision common to the last two preceding sections
73. Presumption in regard to the imposition of accessory
penalties
 Whenever the courts shall impose a penalty which by
provision of law, carries with it other penalties,
according to the provision of Arts. 40-45, it must be
understood that the accessory penalties are also
imposed upon the convict
74. Penalty higher than reclusion perpetua in certain cases
 In cases in which the law prescribes a penalty higher
than another given penalty, without specifically
designating the name of the former, if such higher
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
penalty should be that of death, the same penalty and
the accessory penalties of article 40, shall be
considered as the next higher penalty.
 When a given penalty has to be raised by one or two
degrees and the resulting penalty is death according to
the scale, but is not specifically provided by law as a
penalty, the latter cannot be imposed
 The reason for the provision is that the penalty higher
than reclusion perpetua cannot be death because the penalty
of death must be specifically imposed by law as a penalty
given for a crime
75. Increasing or reducing the penalty of fine by one or
more degrees
 Whenever it may be necessary to increase or reduce
the penalty of fine by one or more degrees, it shall be
increased or reduced, respectively, for each degree,
by one-fourth of the maximum amount prescribed by
law, without, however, changing the minimum
 Example:
1. Reducing the fine—subtraction
The fine is from P200 to P2000
o ¼ of the maximum amount, P2000, is P500
o One degree lower—P200 as minimum to P1500
as maximum
o Two degrees lower—P200 as minimum to P1000
as maximum
2. Increasing the fine—addition
The fine is from P200 to P2000
o ¼ of the maximum amount, P2000, is P500
o One degree higher—P200 to P2500
 The same rules shall be observed with regard to fines
that do not consist of a fixed amount, but are made
proportional
 Example: the fine shall be from an amount equal to
the value of the damage to 3 times such value, but in
no case be less than P25
o If the value is P2300, which serves as the minimum,
the maximum is P6900, which is 3 times of the
minimum
76. Legal period of duration of divisible penalties
 The legal period of duration of divisible penalties shall
be considered as divided into three parts, forming
three periods, the minimum, the medium, and the
maximum in the manner shown in the following table:
Page 27 of 41
TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES minimum, the next the medium, and the most severe
AND THE TIME INCLUDED IN EACH OF THEIR PERIODS the maximum period
 The above paragraph is the definition of complex
Penalties Time Time Time Time
penalty
included included included included
 Example: reclusion temporal to death
in the in its in its in its
o Max: Death
penalty in minimum medium maximum o Med: reclusion perpetua
its period period o Min: reclusion temporal
entirety  Whenever the penalty prescribed does not have one
Reclusion From 12 From 12 From 14 From 17 of the forms specially provided for in this Code, the
temporal years and years and years, 8 years, 4 periods shall be distributed, applying for analogy the
1 day to 1 day to months months prescribed rules
20 years. 14 years and 1 day and 1 day
and 8 to 17 to 20 78. When and how a penalty is to be executed
months. years and years.  No penalty shall be executed except by virtue of a
4 final judgment.
months.  A penalty shall not be executed in any other form
than that prescribed by law, nor with any other
Prision From 6 From 6 From 8 From 10 circumstances or incidents than those expressly
mayor, years and years and years and years and authorized thereby.
absolute 1 day to 1 day to 1 day to 1 day to  In addition to the provisions of the law, the special
disqualificat 12 years. 8 years. 10 years. 12 years. regulations prescribed for the government of the
ion and institutions in which the penalties are to be suffered
special shall be observed with regard to the character of the
temporary work to be performed, the time of its performance,
disqualificat and other incidents connected therewith, the
ion relations of the convicts among themselves and other
Prision From 6 From 6 From 2 From 4 persons, the relief which they may receive, and their
correccional months months years, 4 years, 2 diet.
, suspension and 1 day and 1 day months months  The regulations shall make provision for the
anddestierr to 6 years. to 2 and 1 day and 1 day separation of the sexes in different institutions, or at
o years and to 4 to 6 least into different departments and also for the
4 years and years. correction and reform of the convicts.
months. 2  The judgment must be final before it can be executed,
months. because the accused may still appeal within 15 days from
its promulgation
Arresto From 1 From 1 From 2 From 4  But if the defendant has expressly waived in writing his
mayor month to 2 months months right to appeal, the judgment becomes final immediately
and 1 day months. and 1 day and 1 day
to to 4 to 6 79. Suspension of the execution and service of the
months. months. months. penalties in case of insanity
Arresto From 1 to From 1 From 11 From 21  When a convict shall become insane or an imbecile
menor 30 days. to 10 to 20 to 30 after final sentence has been pronounced, the
days. days. days. execution of said sentence shall be suspended only
with regard to the personal penalty, the provisions of
 Period—each of the 3 equal parts of a divisible penalty
the second paragraph of circumstance number 1 of
 Degree—the diverse penalties mentioned by name in the
RPC Art. 12 being observed in the corresponding cases
 Only execution of personal penalty is suspended in
77. When the penalty is a complex one composed of three case of insanity
distinct penalties  Civil liability may be executed even in case of insanity
 In cases in which the law prescribes a penalty of convict
composed of three distinct penalties, each one shall  If at any time the convict shall recover his reason, his
form a period; the lightest of them shall be the sentence shall be executed, unless the penalty shall

Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 28 of 41

 have prescribed in accordance with the provisions of
this Code
 The respective provisions of this section shall also be
observed if the insanity or imbecility occurs while the
convict is serving his sentence
 An accused person may become insane:
1. At the time of the commission of the offense
o Exempt from criminal liability [Art. 12(1)]
2. At the time of trial
o The court shall suspend proceedings and order his
confinement in a hospital until he recovers his
reason [Art. 12(1)]
3. At the time of final judgment
4. While serving sentence
o Under 3 and 4, the execution thereof shall be
suspended with regard to the personal penalty only
80. Suspension of sentence of minor delinquents
 Whenever a minor of either sex, under 16 years of
age at the date of the commission of a grave or less
grave felony, is accused thereof, the court, after
hearing the evidence in the proper proceedings,
instead of pronouncing judgment of conviction, shall
suspend all further proceedings and shall commit
such minor to the custody or care of a public or
private, benevolent or charitable institution,
established under the law of the care, correction or
education of orphaned, homeless, defective, and
delinquent children, or to the custody or care of any
other responsible person in any other place subject to
visitation and supervision by the Director of Public
Welfare or any of his agents or representatives, if
there be any, or otherwise by the superintendent of
public schools or his representatives, subject to such
conditions as are prescribed hereinbelow until such
minor shall have reached his majority age or for such
less period as the court may deem proper (As
amended by RA 47)
 The court, in committing said minor as provided
above, shall take into consideration the religion of
such minor, his parents or next of kin, in order to
avoid his commitment to any private institution not
under the control and supervision of the religious sect
or denomination to which they belong
 The Director of Public Welfare or his duly authorized
representatives or agents, the superintendent of
public schools or his representatives, or the person to
whose custody or care the minor has been
committed, shall submit to the court every 4 months
and as often as required in special cases, a written
report on the good or bad conduct of said minor and
the moral and intellectual progress made by him
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
 The suspension of the proceedings against a minor
may be extended or shortened by the court on the
recommendation of the Director of Public Welfare or
his authorized representative or agents, or the
superintendent of public schools or his
representatives, according as to whether the conduct
of such minor has been good or not and whether he
has complied with the conditions imposed upon him,
or not. The provisions of the first paragraph of this
article shall not, however, be affected by those
contained herein
 If the minor has been committed to the custody or
care of any of the institutions mentioned in the first
paragraph of this article, with the approval of the
Director of Public Welfare and subject to such
conditions as this official in accordance with law may
deem proper to impose, such minor may be allowed
to stay elsewhere under the care of a responsible
person
 If the minor has behaved properly and has complied
with the conditions imposed upon him during his
confinement, in accordance with the provisions of this
article, he shall be returned to the court in order that
the same may order his final release
 In case the minor fails to behave properly or to
comply with the regulations of the institution to
which he has been committed or with the conditions
imposed upon him when he was committed to the
care of a responsible person, or in case he should be
found incorrigible or his continued stay in such
institution should be inadvisable, he shall be returned
to the court in order that the same may render the
judgment corresponding to the crime committed by
him
 The expenses for the maintenance of a minor
delinquent confined in the institution to which he has
been committed, shall be borne totally or partially by
his parents or relatives or those persons liable to
support him, if they are able to do so, in the
discretion of the court; Provided, That in case his
parents or relatives or those persons liable to support
him have not been ordered to pay said expenses or
are found indigent and cannot pay said expenses, the
municipality in which the offense was committed shall
pay one-third of said expenses; the province to which
the municipality belongs shall pay one-third; and the
remaining one-third shall be borne by the National
Government: Provided, however, That whenever the
Secretary of Finance certifies that a municipality is not
able to pay its share in the expenses above
mentioned, such share which is not paid by said
municipality shall be borne by the National
Government. Chartered cities shall pay two-thirds of
Page 29 of 41
 said expenses; and in case a chartered city cannot pay
said expenses, the internal revenue allotments which
may be due to said city shall be withheld and applied
in settlement of said indebtedness in accordance with
section five hundred and eighty-eight of the
Administrative Code (As amended by Com. Act. 99
and RA 47)
 Art. 80 has been repealed by Chapter 3 of PD 603, as
amended (The Child and Youth Welfare Code), and by
RA 9344 (Juvenile Justice and Welfare Act of 2006)
 RA 9344 repealed PD 603 on the matter of definition
although both cover children who are under 18 years of
age
 Under PD 603
o Youthful offender—a child, minor or youth, including
one who is emancipated in accordance with law, who
is over 9 years but under 18 years of age at the time of
the commission of the offense
o Minimum age of Criminal Responsibility
 9 years or under at the time of the commission of
the offense, and over 9 years and under 15, unless
he acted with discernment, shall be exempt from
criminal liability
o Discernment
 Over 9 and under 15 years of age who acted with
discernment—the court may suspend all further
proceedings and shall commit such minor to the
custody or care of DSWD until he reached the age
of 21 or for a shorter period as the court may deem
proper
o Suspension of sentence
 There is no automatic suspension of sentence
 The youthful offender should apply for it and it is
discretionary on the court to approve the application
 The order of the court denying the suspension shall
not be appealable
 Under RA 9344
o Definition
 Child—a person under 18 years
 Child in conflict with the law—a child who is alleged
as, accused of, or adjudged as, having committed an
offense under Philippine Laws
o Minimum age of Criminal Responsibility
 15 years of age or under—at the time of the
commission of the offense shall be exempt from
criminal liability but is subjected to an intervention
program (Sec. 20 of RA 9344)
 Above 15 years but below 18 years of age—shall
likewise be exempt from criminal liability and be
subjected to an intervention program, unless he
acted with discernment, in which case, such child
shall be subjected to the appropriate proceedings in
accordance with RA 9344
 Exemption from criminal liability does not include
exemption from civil liability, which shall be
enforced in accordance with existing laws
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
o Intervention Program
 15 years old or below—authority has the duty to
immediately release the child to the custody of his
parents or guardians, or in the absence thereof, the
child’s nearest relative
 If the parents, guardian or relatives cannot be
located or refuses to take custody, the child may
be released to:
a. Duly registered non-governmental or religious
organization
b. Barangay official or member of the Barangay
Council for the Protection of Children (BCPC)
c. Local social welfare and development officer
d. DSWD, when appropriate
 If the child is abandoned, neglected or abused by
his parents or in the event that the parent will not
comply with the prevention program, DSWD or
the Local Social Welfare and Development Office
shall file a proper petition for involuntary
commitment
 Over 15 but under 18 who acted with
discernment—automatic suspension of sentence,
the child in conflict with the law need not to apply
for it, and shall be subjected to a diversion program
 Such suspension of sentence shall be applied even
if the juvenile is already 18 years of age or more at
the time of the pronouncement of his guilt
o Bail
 For purpose of recommending the amount of bail,
the privileged mitigating circumstance of minority
shall be considered
o Release on Recognizance
 The court shall not order the detention of a child in
a jail pending the trial or hearing of his or her case
 Where a child is detained, the court shall order:
a. The release of the minor on recognizance to his
parent and other suitable persons
b. The release of the child in conflict with the law on
bail
c. The transfer of the minor to a youth detention
home / youth rehabilitation center
o Detention of the child pending trial
 Institutionalization or detention of the child pending
trial shall be used only as a measure of last resort
and for the shortest possible period of time
 The child shall be detained in youth detention
homes established by the local governments
o Diversion measures
 Whenever the maximum penalty imposed by law is
imprisonment of not more than 12 years or fine
alone regardless of the amount, before the
arraignment of the child in conflict with the law, the
court shall determine whether or not diversion is
appropriate
o Discharge of the child in conflict with the law
 Upon the recommendation of the social worker, the
court shall dismiss the case against the child whose
Page 30 of 41
 sentence has been suspended and against whom
disposition measures have been issued, and shall
order the final discharge of the child if it finds that
the objective of the disposition measures have been
fulfilled
o Return of Child in conflict with the law to court
 If the objective of the disposition measures has not
been fulfilled, the child shall be brought before the
court for execution of judgment
o Credit in Service of Sentence
 The child shall be credited in the service of his
sentence with the full time spent in actual
commitment and detention under RA 9344
o Probation as an Alternative to Imprisonment
 The court may, after conviction and sentencing of
the child, and upon application at any time, place the
child on probation in lieu of service of his sentence
taking into account the best interest of the child
o Rehabilitation and reintegration
 Objective:
 provide them with interventions, approaches and
strategies that will enable them to improve their
social functioning with the end goal of
reintegration to their families and as productive
members of their communities
 Court order is required
 Children are in separate facilities from adults
 Female children shall be given special attention as to
their personal needs and problems and shall be
accommodated separately from male children in
conflict with the law
 The expenses for the care and maintenance of the
child shall be borne by his parents or those persons
liable to support him
 If the parents or those liable to support the child
cannot pay all or part of said expenses, it will be
divided into:
a. 1/3 municipality
b. 1/3 province
c. 1/3 national government
d. For chartered cities—2/3
 The convicted child may also be confined in
agricultural camps and other training facilities
 Liability of parents or guardian or any person in the
commission of delinquent acts by their children or
wards—if they know of the acts be punished by a
fine not exceeding P500 or to imprisonment for a
period not exceeding 2 years, or both, at the
discretion of the court
 There is a confidentiality of records and proceedings
81. When and how the death penalty is to be executed
 The death sentence shall be executed with reference
to any other and shall consist in putting the person
under sentence to death by electrocution. The death
sentence shall be executed under the authority of the
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
Director of Prisons, endeavoring so far as possible to
mitigate the sufferings of the person under sentence
during electrocution as well as during the proceedings
prior to the execution
 Under RA 8177, the death sentence shall be executed by
means of lethal injection
 If the person under sentence so desires, he shall be
anaesthetized at the moment of the electrocution
 In view of enactment of RA 9346, the death penalty
shall not be imposed
 Arts. 81-85 of the RPC have no application
82. Notification and execution of the sentence and
assistance to the culprit
 The court shall designate a working day for the
execution but not the hour thereof; and such
designation shall not be communicated to the
offender before sunrise of said day, and the execution
shall not take place until after the expiration of at
least 8 hours following the notification, but before
sunset.
 During the interval between the notification and the
execution, the culprit shall, in so far as possible, be
furnished such assistance as he may request in order
to be attended in his last moments by priests or
ministers of the religion he professes and to consult
lawyers, as well as in order to make a will and confer
with members of his family or persons in charge of
the management of his business, of the
administration of his property, or of the care of his
descendants.
 A convict sentenced to death may make a will
 If the death penalty was executed, the convict may
dispose of his property by an act or conveyance inter vivos
 But complication arises if it was not executed by reason
of commutation or pardon where he would suffer civil
interdiction
83. Suspension of the execution of the death sentence
 The death sentence shall not be inflicted upon a
woman within the 1 year after delivery, nor upon any
person over 70 years of age. In this last case, the
death sentence shall be commuted to the penalty of
reclusion perpetua with the accessory penalties
provided in Art. 40
 In all cases where the death sentence has become
final, the records of the case shall be forwarded
immediately by the SC to the Office of the President
for possible exercise of pardoning
 Death sentence shall be suspended when the accused is
a—
a. Woman, while pregnant
b. Woman, within 1 year after delivery
c. Person over 70 years of age
Page 31 of 41
 d. Convict who becomes insane after final sentence of
death has been pronounced.
 But when he recovers his reason and before the
penalty has prescribed, he may be put to death
 Art. 83 speaks of suspension while Art. 47 provides for
cases in which death penalty is not to be imposed
 RTC can suspend execution of death sentence upon
review or reconsideration of the proceedings
84. Place of execution and persons who may witness the
same
 The execution shall take place in the penitentiary of
Bilibid in a space closed to the public view and shall
be witnessed only by the priests assisting the
offender and by his lawyers, and by his relatives, not
exceeding 6, if he so request, by the physician and the
necessary personnel of the penal establishment, and
by such persons as the Director of Prisons may
authorize
 Persons who may witness execution
a. Priests assisting the offender
b. Offender’s lawyers
c. Offender’s relatives, not exceeding 6, if so requested
d. Physician
e. Necessary personnel of penal establishment
 Person below 18 years of age may not be allowed to
witness an execution
85. Provisions relative to the corpse of the person
executed and its burial
 Unless claimed by his family, the corpse of the culprit
shall, upon the completion of the legal proceedings
subsequent to the execution, be turned over to the
institute of learning or scientific research first
applying for it, for the purpose of study and
investigation, provided that such institute shall take
charge of the decent burial of the remains
 Otherwise, the Director of Prisons shall order the
burial of the body of the culprit at government
expense, granting permission to be present thereat to
the members of the family of the culprit and the
friends of the latter. In no case shall the burial of the
body of a person sentenced to death be held with the
pomp
 Burying of the corpse of a person sentenced to death
with pomp is penalized under Art. 153
 This is to prevent anyone from making a hero out of a
criminal
86. The penalties of reclusion perpetua, reclusion
temporal, prision mayor, prision correccional and arresto
mayor, shall be executed and served in the places and
penal establishments provided by the Administrative
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
Code in force or which may be provided by law in the
future
87. Any person sentenced to destierro shall not be
permitted to enter the place or places designated in the
sentence, nor within the radius therein specified, which
shall be not more than 250 and not less than 25
kilometers from the place designated
 Destierro is imposed:
1. Art. 247—whe death or serious physical injuries is
caused or are inflicted under exceptional
circumstances
2. Art. 284—when a person fails to give bond for good
behavior
3. Art. 334—as a penalty for the concubine in the crime
of concubinage
4. When after lowering the penalty by degrees, destierro
is the proper penalty
88. The penalty of arresto menor shall be served in the
municipal jail, or in the house of the defendant himself
under the surveillance of an officer of the law, when the
court so provides in its decision, taking into consideration
the health of the offender and other reasons which may
seem satisfactory to it
 Grounds for serving the penalty in the house of the
defendant when the court provides in its decision are
health and other reasons satisfactory to the court
Total Extinction of Criminal Liability
89. Criminal liability is totally extinguished by:
1. Death of the convict, as to the personal penalties
and as to pecuniary penalties, liability therefor is
extinguished only when the death of the offender
occurs before final judgment
 death of the convict, whether before or after final
judgment, extinguishes criminal liability
 civil liability is extinguished only when death occurs
before final judgment
 criminal and civil liability is extinguished when the
offender dies before final judgment
o but claim for civil liability survives if it may be
predicated on a source of obligation other than
delict, such as law, contracts, quasi-contracts and
quasi-delicts
o if the private offended party desires to recover
damages from the same act or omission
complained of, he must file a separate civil action
which is not lost by prescription of death,
predicated not on the felony previously charged
but on other sources of obligation
 final judgment—judgment beyond recall
2. Service of the sentence
Page 32 of 41
  Crime—a debt incurred by the offender as a 5. Prescription of the crime
consequence of his wrongful act and the penalty is  forfeiture or loss of the right of the State to
but the amount of his debt prosecute the offender after the lapse of a certain
 When payment is made, the debt is extinguished time
 Civil liability is not extinguished by service of 6. Prescription of the penalty
sentence  loss or forfeiture of the right of the Government to
3. Amnesty, which completely extinguishes the execute the final sentence after the lapse of a certain
penalty and all its effects time
 Amnesty—an act of the sovereign power granting  conditions necessary:
oblivion or a general pardon for a past offense, and a. that there be final judgment
is rarely, if ever, exercised in favor of a single b. that the period of time prescribed by law for its
individual, and is usually exerted in behalf of certain enforcement has elapsed
classes of persons, who are subject to trial but have 7. Marriage of the offended woman, as provided in
not yet been convicted Art. 344 of this Code
o May also be granted after conviction  Crimes of rape, seduction, abduction or acts of
 But civil liability is not extinguished by amnesty lasciviousness
4. Absolute pardon  Marriage must be contracted by the offender in
 Pardon—act of grace proceeding from the power good faith
entrusted with the execution of the laws which  Marriage contracted only to avoid criminal liability is
exempts the individual on whom it is bestowed from devoid of legal effects
the punishment the law inflicts for the crime he has  Extinction of criminal liability does not automatically
committed extinguish civil liability
 Kinds of pardon:  Causes of extinction of criminal liability arise after the
a. Absolute pardon commission of the offense
b. Conditional pardon  Criminal liability is totally extinguished is a ground for
o Whichever kind, for the validity, delivery is an motion to squash—to bar another prosecution for the
indispensable requisite same offense
o Once accepted by the grantee, the pardon
already delivered cannot be revoked by the
90. Prescription of crime (Crimes punishable by)
authority which granted it
 The penalty prescribed by law is considered
Amnesty Pardon 1. Death, reclusion perpetua or reclusion temporal—
A blanket pardon to classes Includes any crime and is prescribe in 20 years
of persons who may be exercised individually by the 2. Other afflictive penalties—prescribe in 15 years
guilty of political offenses President
3. correctional penalty—prescribe in 10 years
May be exercised even Exercised when the person is
before trial or investigation is already convicted o Except of those punishable by arresto mayor—
had prescribe in 5 years
Looks backward and Looks forward and relieves 4. Libel or other similar offenses—1 year
abolishes and puts into the offender from the 5. Oral defamation and slander by deed—prescribe in
oblivion the offense itself consequences of an offense 6 months
of which he was convicted  Simple slander prescribes in 2 months
Person released by amnesty Does not work the  Grave slander prescribes in 6 months
stands before the law restoration of the rights to 6. Light offenses—prescribe in 2 months
precisely as though he had hold office, suffrage, unless  When the penalty fixed by law is a compound one,
committed no offense such rights be expressly the highest penalty shall be made the basis of the
restored by the terms of the application of the rules contained in the first, second
pardon
and third paragraphs of this article (As amended by
Do not extinguish civil liability
RA 4661)
A proclamation of the A private act of the
o Example: Penalty of arresto mayor in its maximum to
President with the President which must be
prision correccional in its minimum
concurrence of Congress, is pleaded and proved by the
a public act of which the person pardoned  Since prision correccional is the higher penalty, it will
courts should take judicial prescribe in 10 years
notice o Applicable to both fines and imprisonment
 A month is computed as the regular 30-day month

Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 33 of 41

 Provisions of RA 4661, reducing the prescriptive period
of the crime of libel or other similar offenses from 2
years to 1 year, shall not apply to cases of libel already
filed in court at the time of approval of this amendatory
act, June 18 1966
 In computing the period of prescription, the first day is
to be excluded and the last day included
o The running of the prescriptive period should
commence from the day following the day on which
the crime was committed
o Where the last day of the prescriptive period for filing
an information falls on a Sunday or legal holiday, the
information can no longer be filed on the next day as
the crime has already prescribed
 Prescription of crimes punishable by fines shall depend
on the classification of such fine as whether
a. Afflictive—over P6 000
b. Correctional—P200 to P6 000
c. Light felony—less than P200
 Defense of prescription may be raised during the trial or
during the appeal, and is a ground for the acquittal of the
accused
 Accused cannot be convicted of an offense lesser than
that charged if the lesser offense had already prescribed
at the time the information was filed
 Prescriptive periods of offenses punished under special
laws and municipal ordinances (but is not applicable
when the law specifically provides for its own
prescriptive period)
a. Only by a fine or by imprisonment for not more than
1 month, or both—prescribes after 1 year
b. Imprisonment for more than 1 month but less than 2
years—prescribes after 4 years
c. Imprisonment for 2 years or more but less than 6
years—prescribes after 8 years
d. Imprisonment for 6 years or more—after 12 years
e. Offenses under Internal Revenue Law—5 years
f. Violations of municipal ordinances—2 months
g. Violations of the regulations or conditions of
certificate of convenience by the Public Service
Commission—2 months
 Under special laws and ordinances, prescriptive period
begins to run from the day of the commission of the
violation, and if not known, from the discovery thereof,
and can be interrupted when proceedings are instituted
against the guilty person and shall run again if the
proceedings are dismissed for reasons not constituting
jeopardy
91. Computation of prescription of offenses
 The period of prescription shall commence to run
from the day on which the crime is discovered by the
offended party, the authorities, or their agents, and
shall be interrupted by the filing of the complaint or
information, and shall commence to run again when
such proceedings terminate without the accused
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
being convicted or acquitted, or are unjustifiably
stopped for any reason not imputable to him
 The term of prescription shall not run when the
offender is absent from the Philippine Archipelago
 The period of prescription of crime commences to run
from the commission of the offense or its discover, if
the commission of the same unknown
 The fact that the culprit is unknown will not prevent the
period of prescription from commencing to run because
it is the discovery of the crime, and not the discovery of
the offender
 It is also not necessary that the accused is arrested
 Continuing crime—prescriptive period cannot begin to
run for there could be no termination of continuity and
the crime does not end
 The crime is discovered by (a) the offended party, (b) the
authorities, or (c) their agents
 The complaint or information that will interrupt the
period of prescription must be the proper information
or complaint corresponding to the offense
 The original prescriptive period should be considered if
the filing of amended complaint or information is merely
a correction of a defect and there are no new
information
 The termination through prescription of crimes refers to
a termination that is final as to amount to a jeopardy that
would bar a subsequent prosecution
 Prescription of election offenses
o If discovery of offense is incidental to judicial
proceedings—begins when such proceeding
terminates
o If discovery of offense is not incidental—begins from
the date of commission of offense
 Prescription of the offense of false testimony
o if unfavorable to the defendant –from time principal
case is finally decided
o if favorable to the defendant—from the time there is a
specific penalty which does not depend on the
conviction or acquittal of the defendant
92. The penalties imposed by final sentence prescribe as
follows:
1. Death and reclusion perpetua—20 years
2. Other afflictive penalties—15 years
3. Correctional penalties--in 10 years
o Except of the penalty of arresto mayor—
prescribes in 5 years
4. Light penalties—1 year
 The penalty imposed by the court that should be
considered
 Contemplates the deduction or addition based on
circumstances present
Page 34 of 41
93. Computation of the prescription of penalties o consists in the suspension of the sentence of a convict
 The period of prescription of penalties commences to after serving the minimum term of the indeterminate
run from the date when the culprit evaded the service penalty, without granting a pardon, prescribing the
of his sentence terms upon which the sentence shall be suspended
 It is interrupted if the convict— o if the convict fails to observe the conditions of the
parole, where conviction is not necessary but only the
1. Gives himself up
commission of any crime, is sufficient to warrant
2. Be captured parolee’s arrest and re-incarceration
3. Goes to a foreign country with which we have no
extradition treaty Conditional Pardon Parole
4. Commits another crime before the expiration of the Granted by the President Granted by the Board of
under Administrative Code Pardons and Parole under ISL
prescription
which may be given at any which may be given after the
 Elements: time after the final prisoner has served the
1. That the penalty is imposed by final sentence judgment minimum penalty
2. That the convict evaded the service of the sentence by For violation, convict may For violation, convict cannot
escaping during the term of his sentence be ordered re-arrested or be prosecuted under Art. 159,
3. That the convict who escaped from prison has not re-incarcerated by the but can be re-arrested and re-
given himself up, or been capture, or gone to a foreign President, or may be incarcerated to serve the
country with which we have no extradition treaty, or prosecuted under Art. 159 unserved portion of his
committed another crime original penalty
4. That the penalty has prescribed, because of the lapse
of time from the date of the evasion of the service of
the sentence by the convict 95. Obligation incurred by person granted conditional
 Acceptance of conditional pardon interrupts the pardon
prescriptive period  Any person who has been granted conditional pardon
shall incur the obligation of complying strictly with the
Partial Extinction of Criminal Liability conditions imposed therein otherwise, his non-
compliance with any of the conditions specified shall
94. Criminal liability is extinguished partially: result in the revocation of the pardon and the
1. By conditional pardon provisions of Art. 159 shall be applied to him
 A contract between the sovereign power of the  Outline of the provision:
executive and the convict that the former will release 1. He must comply strictly with the conditions imposed
the latter upon compliance with the condition in the pardon
 Usual condition is ―he shall not again violate any of 2. Failure to comply shall result in the revocation of the
the penal laws of the Philippines‖ pardon where the President may order his arrest and
2. By commutation of the sentence re-incarceration
 A change of the decision of the court made by the 3. He becomes liable under Art. 159 which is the judicial
President by reducing the degree of the penalty remedy
inflicted upon the convict, or by decreasing the  Condition of pardon is limited to the unserved portion
length of imprisonment or the amount of the fine of the sentence, unless an intention to extend it beyond
 Consent of the offender is not necessary that time is manifest
 Specific cases where commutation is provided by
the Code and lower the degree of the penalty from 96. Effect of commutation of sentence
death to reclusion perpetua:  The commutation of the original sentence for another
a. The convict sentenced to death is 70 years old of a different length and nature shall have the legal
b. When 8 justices of the SC fail to reach a decision effect of substituting the latter in the place of the
for the affirmance of the death penalty former
3. For good conduct allowances which the culprit may
earn while he is serving his sentence 97. Allowance for good conduct
 Deduction from the term of the sentence for good  The good conduct of any prisoner in any penal
behavior
institution shall entitle him to the following
 A prisoner is also entitled to special time allowance deductions from the period of his sentence: (during
for loyalty
the—shall be allowed a)
o A deduction of 1/5 of the period of his sentence
is granted to a loyal prisoner 1. First 2 years of his imprisonment—deduction of 5
days for each month of good behavior
 Parole should be added as No. 4 in the enumeration

Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 35 of 41

 2. Third to the fifth year, inclusive, of his
imprisonment—deduction of 8 days for each month
of good behavior
3. Following years until the tenth year, inclusive, of his
imprisonment—deduction of 10 days for each
month of good behavior
4. Eleventh and successive years of his
imprisonment—deduction of 15 days for each
month of good behavior
 ―any prisoner‖—prisoner serving his sentence
 No allowance for good conduct while prisoner is
released under conditional pardon because he is not
serving the remitted penalty in prison
98. Special time allowance for loyalty
 A deduction of 1/5 of the period of his sentence shall
be granted to any prisoner who, having evaded the
service of his sentence under the circumstances
mentioned in Art. 158 of this Code, gives himself up to
the authorities within 48 hours following the issuance
of a proclamation announcing the passing away of the
calamity or catastrophe to in said article
 ―the period of his sentence‖—original sentence
 Art. 158—a convict who shall evade the service of his
sentence, by leaving the penal institution where he shall
have been confined, on the occasion of disorder
resulting from a conflagration, earthquake, explosion, or
similar catastrophe, or during a mutiny in which he has
not participated, is liable to an increased penalty (1/5 of
the time still remaining to be served — not to exceed 6
months), if he fails to give himself up to the authorities
within 48 hours following the issuance of a proclamation
by the Chief Executive announcing the passing away of
such calamity
99. Who grants time allowance
 Whenever lawfully justified, the Director of Prisons
shall grant allowances for good conduct. Such
allowances once granted shall not be revoked
 The allowance for good conduct is not an automatic
right for it must be granted by the Director of Prisons
 Allowances for good conduct once granted by the
Director of Prisons cannot be revoked by him
 The authority to grant time allowance is exclusively
vested in the Director of Prisons
Person Civilly Liable For Felonies
2 classes of injuries which an offense causes:
A. Social injury
 produced by the disturbance and alarm which are
the outcome of the offense
 sought to be repaired through the imposition of the
corresponding penalty
B. Personal injury
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
 caused to the victim of the crime who may have
suffered damage, either to his person, property,
honor, or to her chastity
 sought to be repaired through indemnity which is
civil in nature
100. Every person criminally liable for a felony is also
civilly liable
 New Civil Code
o Art. 20—Every person who, contrary to law, willfully
or negligently causes damage to another, shall
indemnify the latter for the same
o Art. 1161—Civil obligations arising from criminal
offenses shall be governed by penal laws
o Art. 2176—The civil liability arising from negligence
under the RPC is entirely separate and distinct from
the responsibility for fault or negligence called quasi-
delict
o Art. 2177—But the party claiming payment for the
damage done cannot recover twice for the same act or
omission of the defendant
 Civil liability under the RPC includes (Art. 104):
1. Restitution
2. Reparation of the damage caused
3. Indemnification for consequential damages
 Civil liability will not arise from crime of treason,
rebellion, espionage, contempt and others wherein there
are no damages to be compensated for or there is no
private person injured by the crime
 Damages that may be recovered in criminal cases:
1. Crimes against property—damages based on the price
of the thing and its special sentimental value to the
injured party may be recovered, if the thing itself
cannot be restored
2. Crimes against persons—the injured party is entitled
to be paid for whatever he spent for the treatment of
his wounds, doctor’s fees, and for medicine, as well as
the salary or wages unearned by him because of his
inability to work due to his injuries (crime of physical
injuries)
3. Damages for loss or impairment of earning capacity in
cases of temporary or permanent personal injury
4. Moral damages may be recovered in a criminal offense
resulting in
a. Physical injuries
b. Crimes of Seduction, Abduction, and other
lascivious acts
c. Rape—may be additionally awarded to the victim,
without need for pleading or proof of the basis
thereof
d. Adultery or concubinage
e. Illegal or arbitrary detention or arrest
f. Illegal search
g. Libel
h. Slander, or any other form of defamation
i. Malicious prosecution
Page 36 of 41
 5. Exemplary damages may be imposed when the crime
was committed with one or more aggravating
circumstances
6. Damages for death caused by a crime have been raised
to P50 000, and in addition
a. For the loss of the earning capacity of the deceased
b. Liable to give support if the deceased was obliged to
give support to one not an heir of the deceased
c. Pay moral damages for mental anguish to the
spouse, legitimate and illegitimate descendants and
ascendants
 Civil liability may exist, although the accused is not held
criminally liable, in the following cases:
1. Acquittal on reasonable doubt
2. Acquittal from a cause of non-imputability—Art. 101
(exemptions from criminal liability)
3. Acquittal in the criminal action for negligence
4. When there is only civil liability
5. In cases of independent civil actions
Prosecution of Civil Action arising from Crime:
 Institution of criminal and civil actions:
1. When a criminal action is instituted, the civil action for
recovery of civil liability arising from the offense
charged shall be deemed instituted unless the offended
party
a. waives the civil action
b. reserves the right to institute it separately
c. institutes the civil action prior to the criminal action
2. The criminal action for violation of BP 22 shall be
deemed to include the corresponding civil action and
no reservation to file such shall be allowed
 When civil action may proceed independently
o In the cases provided for in Arts. 32, 33, 34 and 2176
of the Civil Code and shall require only a
preponderance of evidence. In no case, may the
offended party recovers damages twice
 When separate civil action is suspended
1. After the criminal action has commenced
2. If the criminal action is filed after the civil action has
already been instituted
 A judgment in civil action is not a bar to a criminal
action against the defendant
 When the offender is acquitted on the ground that his
guilt was not proven beyond reasonable doubt, a civil
action may still be instituted
 Judgment in the civil case already promulgated is not
suspended by the filing of criminal action
 Sec. 2 of Rule 111 of the Revised Rules of Criminal
Procedure:
After the criminal action has been commenced, the
separate civil action arising therefrom cannot be
instituted until final judgment has been entered in
the criminal action.chan robles virtual law library
If the criminal action is filed after the said civil
action has already been instituted, the latter shall be
suspended in whatever state it may be found before
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
judgment on the merits. The suspension shall last
until final judgment is rendered in the criminal
action. Nevertheless, before judgment on the
merits rendered in the civil action, the same may,
upon motion of the offended party, be
consolidated with the criminal action in the court
trying the criminal action. In case of consolidation,
the evidence already adduced in the civil action
shall be deemed automatically reproduced in the
criminal action without prejudice to the right of the
prosecution to cross-examine the witness presented
by the offended party in the criminal case and of
the parties to present additional evidence. The
consolidated criminal and civil actions shall be tried
and decided jointly.
During the pendency of the criminal action, the
running period of prescription of the civil action
which cannot be instituted separately or whose
proceeding has been suspended shall be tolled.
The extinction of the penal action does not carry
with it extinction of the civil action. However, the
civil action based on delict shall be deemed
extinguished if there is a finding in a final judgment
in the criminal action that the act or omission from
which the civil liability may arise did not exist.
o Sec. 2 of Rule 111 applies only
a. When claimant in the civil action is the offended
party in the criminal action
b. Both cases arise from the same offense
c. To civil liability arising from crime
o Attachment of the property of the accused as security
for the satisfaction of any judgment that may be
recovered in the following cases:
a. When the accused is about to abscond from the
Philippines
b. When the criminal action is based on a claim for
money or property embezzled or fraudulently
misapplied or converted by the accused for a willful
violation of duty or other person in a fiduciary
capacity
c. When the accused has concealed, removed, or
disposed of his personal property, or is about to do
so
d. When the accused resides outside the Philippine
o Writ of attachment may be issued in criminal cases
 From a judgment of conviction, two appeals may
accordingly be instituted: criminal and civil
 Reservation to the right to institute separate civil action
is necessary in the following cases:
a. Cases referred to in Art. 32 of the Civil Code
b. Cases of defamation, fraud and physical injuries
where physical injuries include attempted or
frustrated homicide, or death
c. When the civil action is against a member of a city
or municipal police force refusing to render aid
Page 37 of 41
 d. Action for damages arising from fault or negligence,
there being no pre-existing contractual relation
between the parties
o The purpose of reservation is to prevent the matter
from becoming res adjudicate
 If the offended party in the criminal case is represented
by a private prosecutor, he cannot file an independent
civil action
 Extinction of criminal action does not arise to the
extinction of a civil action
 Prejudicial question—one which arises in a cases where
the resolution of which is a logical antecedent of the
issue involved in said case and the cognizance of which
pertains to another tribunal—must be decided before
any criminal prosecution may be instituted or may
proceed
o Elements of prejudicial question:
a. The civil action involves an issue similar or
intimately related to the issue raised in the criminal
action
b. The resolution of such issue determines whether or
not the criminal action may proceed
i. The prejudicial question must be determinative of
the case before the court
ii. Jurisdiction to try said question must be lodged in
another tribunal
101. Rules regarding civil liability in certain cases
 The exemption from criminal liability established in
subdivisions 1, 2, 3, 5 and 6 of Article 12 and in
subdivision 4 of Article 11 of this Code does not
include exemption from civil liability, which shall be
enforced subject to the following rules:
1st. In cases of subdivisions of Art. 12(1) (2) (3), the
civil liability shall devolve upon those having such
person under their legal authority or control,
unless it appears that there was no fault or
negligence on their part
o In case of absence of such person or such
person is insolvent, the said insane, imbecile, or
minor shall respond with their own property,
excepting property exempt from execution, in
accordance with the civil law
 Courts, even when they hold the accused exempt
from criminal liability, must fix the civil liability of
the person charged with the watching over and
caring for him or the liability of the demented
person himself with his property
2nd. In cases falling within Art. 11(4), the persons for
whose benefit the harm has been prevented shall
be civilly liable in proportion to the benefit which
they may have received
o The courts shall determine, in sound discretion,
the proportionate amount for which each one
shall be liable
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
o When the respective shares cannot be equitably
determined, even approximately, or when the
liability also attaches to the Government, or to
the majority of the inhabitants of the town,
and, in all events, whenever the damages have
been caused with the consent of the authorities
or their agents, indemnification shall be made
in the manner prescribed by special laws or
regulations
 Generally, there is no civil liability in justifying
circumstances except in Art. 11(4)
 The person civilly liable is the one benefited by the act
which causes damage to another
3rd. In cases falling Art. 12(5) (6), the persons using
violence or causing the fears shall be primarily liable
and secondarily, or, if there be no such persons,
those doing the act shall be liable, saving always to
the latter that part of their property exempt from
execution
 In case of person acting under irresistible force or
uncontrollable fear, the person civilly liable are:
b. The persons using violence or causing fear are
primarily liable
c. If there be no such person, those doing the act shall
be liable secondarily
102. Subsidiary civil liability of innkeepers, tavernkeepers
and proprietors of establishments
 Elements of par. 1:
1. That the innkeeper, tavernkeeper or proprietor of
the establishment or his employee committed a
violation of municipal ordinance or some general or
special police regulation
2. That a crime is committed in such inn, tavern or
establishment
3. That the person criminally liable is insolvent
o If all of the above are present, the innkeeper,
tavernkeeper or any other person or corporation
is civilly liable (subsidiarily) for the crime
committed in his establishment
 Elements of par. 2:
1. The guests notified in advance the innkeeper or the
person representing him of the deposit of their
good within the inn or house
2. The guests followed the direction of the innkeeper
or his representative with respect to the care of and
vigilance over such goods
3. Such goods of the guests lodging therein were taken
by robbery with force upon things or theft
committed within the inn or house
o When all of the above are present, the innkeeper
is subsidiarily liable
o However, no liability shall attach in case of
robbery with violence against or intimidation of
Page 38 of 41
 persons, unless committed by the innkeeper’s
employees
 It is not necessary that the effects of the guest be
actually delivered to innkeeper
103. Subsidiary civil liability of other persons
 Elements:
1. The employer, teacher, person or corporation is
engaged in any kind of industry
 Industry—any department or branch of art,
occupation or business, especially, one which
employs so much labor and capital and is a distinct
branch of trade
 A hospital is not engaged in industry, so, nurses are
not servants
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
o When all the elements are present, the employer or
teacher is subsidiarily liable
 Decision convicting an employee is binding upon the
employer with respect to the civil liability and its amount
 The court does not need to expressly pronounce the
subsidiary liability of the employer in the dispositive
portion of its decision
 The subsidiary liability may be enforced only upon a
motion for subsidiary writ of execution against the
employer and upon proof that the employee is insolvent
 Employer is subsidiarily liable for the full amount against
employee and there is no defense of diligence of a good
father of a family
 Art. 103 is applicable to violations of Revised Motor
Vehicle Law
o If the owner was not in the motor vehicle, the
provisions of Art. 2180 of the Civil Code are not
applicable
 Art. 2177 of the Civil Code expressly recognize civil
liabilities arising from negligence under the Penal Code,
only that it provides that the plaintiff cannot recover
damages twice of the same act or omission of the
defendant
 Persons civilly liable in the absence of those criminally
liable:
1. Art. 101(3)
2. Art. 102
3. Art. 103
What Civil Liability Includes
104. The civil liability established in Arts. 100, 101, 102,
and 103 of this Code includes:
1. Restitution
 To restore the real property occupied
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
2. Reparation of the damage caused
 To repair the damages caused to it
3. Indemnification for consequential damages
Civil liability Pecuniary liability
Include reparation of the damage caused and
indemnification for consequential damages
Includes restitution
There is nothing to pay in Liabilities to be paid out of
terms of money as the the property of the offender
property unlawfully taken is
returned
Includes fine and costs of
proceedings
105. Restitution
 The restitution of the thing itself must be made
whenever possible, with allowance for any
deterioration, or diminution of value as determined
by the court
 The convict cannot, by way of restitution, give to the
offended party a similar thing of the same amount,
kind or species and quality because what is required to
be returned is the very thing taken
 The thing itself shall be restored, even though it be
found in the possession of a third person who has
acquired it by lawful means, saving to the latter his
action against the proper person, who may be liable
to him
 The general rule is that the owner of property illegally
taken by the offender can recover it from whomever is
in possession thereof
 Under the Civil Code, the person who has lost any
personal property or has been deprived thereof cannot
obtain its return without reimbursing the price paid
therefor, only when the possessor thereof acquired in
good faith at a public sale
 Restitution cannot be ordered before final judgment
 This provision is not applicable in cases in which the
thing has been acquired by the third person in the
manner and under the requirements which, by law,
bar an action for its recovery
 A person who is not a party in the case cannot recover
in the criminal action any indemnity from the accused
 When the liability to return a thing arises from contract,
not from a criminal act, the court cannot order its return
in the criminal case
 Restitution may be ordered, even if accused is acquitted,
provided the offense is proved and it is shown that the
thing belongs to somebody else
 When a crime is not against property, no restitution or
reparation of the thing can be done but there are some
crimes which allow restitution
 The payment of salary of an employee during the period
of suspension cannot, as a general rule, be properly
Page 39 of 41
 decreed by the court in a judgment of acquittal. It
devolves upon the head of the department concerned,
and is discretionary with him
 The Court has authority to order the reinstatement of
the accused acquitted of a crime punishable by the
penalty of perpetual or temporary disqualification
106. Reparation
 The court shall determine the amount of damage,
taking into consideration the price of the thing,
whenever possible, and its special sentimental value
to the injured party, and reparation shall be made
accordingly
 Reparation are for crimes against property
 Reparation will be ordered by the court if restitution is
not possible
 If there is no evidence as to the value of the thing
unrecovered, reparation cannot be made
 Reparation includes:
1. Repair of the material damage caused by the robbers
in addition to the value of the thing taken
2. In a rape case, the value of the woman’s torn garments
 Civil damages which may be recovered in criminal action
are limited to consequential damage caused by, and
flowing from, the commission of the crime of which the
accused is convicted
 Payment by the insurance company is not made on
behalf of the accused, but was made pursuant to its
contract with the owner of the car; hence, the offender is
not relieved of his obligation to repair the damage
caused
107. Indemnification
 Indemnification for consequential damages shall
include not only those caused the injured party, but
also those suffered by his family or by a third person
by reason of the crime
 Indemnity is ordinarily the remedy granted to the victims
of crimes against persons
 Indemnity for medical services still unpaid may be
recovered
 Contributory negligence on the part of the offended
party reduces the civil liability of the offender
 Civil liability may be increased only if it will not require
an aggravation of the decision in the criminal case on
which it is based
 Civil indemnity for crimes qualified by circumstances
where the death penalty may be imposed is P75 000
 The award of P50 000, as indemnity ex-delicto is
mandatory upon the finding of the fact of rape
 Civil indemnity for rape with homicide is P100 000
 Damages recoverable for rape with homicide:
a. Civil indemnity—P 100 000
b. Moral damages—P75 000
c. Temperate damages—P25 000
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
d. Exemplary damages—P100 000
 The amount of damages for death caused by a crime is
increased from time to time by the SC
o Art. 2206 of the Civil Code provides that ―the amount
of damages for death caused by a crime or quasi-delict
shall be at least P3 000 even though there may have
been mitigating circumstances‖
 Indemnity for Lost Earnings
Net earning capacity = Life expectancy x (Gross annual
income – living expenses)
o Life expectancy—based on the American Expectancy
Table of Mortality and is computed using the formula:
2/3 x (80 – age of the deceased at the time of death)
o Living expenses—in the absence of proof, it is
estimated to be 50% of the gross annual income
 Documentary Evidence should be presented to
substantiate a claim for loss of earning capacity, except if
there is a testimony that the victim was either:
a. Self-employed, earning less than the minimum wage
under current labor laws, and judicial notice is taken of
the fact that in the victim’s line of work, no
documentary evidence is available
b. Employed as a daily-wage worker earning less than the
minimum wage under current labor laws
 To be compensated for loss of earning capacity, it is not
necessary that the victim, at the time of the injury or
death, is gainfully employed. Compensation of this
nature is awarded not for loss of earning but for loss of
capacity to earn money
 Temperate damages may be awarded if income of victim
is not sufficiently proven
o Art. 2224 of the Civil Code—temperate or moderate
damages, which are more than nominal but less than
compensatory damages, may be recovered when the
court finds that some pecuniary loss was suffered but
its amount cannot be proved with certainty
 Exemplary damages:
o Cannot be recovered as a matter of right
o The court will decide whether or not they should be
adjudicated
o The plaintiff must show that he is entitled to moral,
temperate or compensatory damages before the court
may award exemplary damages
 Recover of attorney’s fees are allowed in cases when the
defendant’s act or omission has compelled the plaintiff
to litigate with third persons or to incur expenses to
protect his interest and in any other case where the court
deems it just and equitable that attorney’s fees and
expenses of litigation should be recovered (Art. 2208 of
the Civil Code)
Page 40 of 41
108. The obligation to make restoration or reparation for
damages and indemnification for consequential damages
devolves upon the heirs of the person liable
 The heirs of the person liable has no obligation if
restoration is not possible and the deceased left no
property
 The civil liability of the heirs is possible only when the
offender dies after final judgment
 The action to demand restoration, reparation, and
indemnification likewise descends to the heirs of the
person injured
109. Share of each person civilly liable
 If there are two or more persons civilly liable for a
felony, the courts shall determine the amount for
which each must respond
110. Several and subsidiary liability of principals,
accomplices and accessories of a felony—Preference in
payment—
 Notwithstanding the provisions of the next preceding
article, the principals, accomplices, and accessories,
each within their respective class, shall be liable
severally (in solidum) among themselves for their
quotas, and subsidiaries for those of the other
persons liable
 The subsidiary liability shall be enforced, first against
the property of the principals; next, against that of
the accomplices, and, lastly, against that of the
accessories
 Whenever the liability in solidum or the subsidiary
liability has been enforced, the person by whom
payment has been made shall have a right of action
against the others for the amount of their respective
shares
111. Obligation to make restitution in certain cases
 Any person who has participated gratuitously in the
proceeds of a felony shall be bound to make
restitution in an amount equivalent to the extent of
such participation
 The person who participated gratuitously, and should
not be an accessory, in the proceeds of a felony referred
to in this article is not criminally liable
 The fortune of the innocent person must be augmented
by his participation in the proceeds of the crime
Extinction and Survival of Civil Liability
112. Civil liability established in Arts. 100,
101, 102, and 103 of this Code shall be extinguished in the
same manner as obligations, in accordance with the
provisions of the Civil Law
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
 Civil liability is extinguished:
1.
By payment or performance
2.
By the loss of the thing due
3.
By the condonation or remission of the debt
4.
By the confusion or merger of the rights of creditor
and debtor
5. By compensation
6. By novation—subsequent agreement between the
accused and the offended party
7. Other causes—annulment, rescission, fulfillment of a
resolutory condition, and prescription (Art. 1231 of
Civil Code)
 Civil liability may arise from:
1. Crime—governed by the RPC
2. Breach of contract—culpa contractual
3. Tortuous act—culpa aquiliana
113. Obligation to satisfy civil liability
 Except in case of extinction of his civil liability as
provided in the next preceding article the offender
shall continue to be obliged to satisfy the civil liability
resulting from the crime committed by him,
notwithstanding the fact that he has served his
sentence consisting of deprivation of liberty or other
rights, or has not been required to serve the same by
reason of amnesty, pardon, commutation of sentence
or any other reason
 While amnesty wipes out all traces and vestiges of the
crime, it does not extinguish the civil liability of the
offender
 A pardon shall in no case exempt the culprit from the
payment of the civil indemnity imposed upon him by the
sentence [Art. 36(2) RPC]
 Probation only affects the criminal aspect of the case
Page 41 of 41