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Crim Law - Memory Aid
Crim Law - Memory Aid
Light Felonies are punishable only Conspiracy may be inferred when two
when they have been consummated or more persons proceed to perform
EXCEPT: If committed against persons overt acts towards the
or property, punishable even if not accomplishment of the same felonious
consummated. objective, with each doing his act, so
that their acts though seemingly
Only principals and accomplices are independent were in fact connected,
liable, accessories are not liable even showing a common design.
if committed against persons or
property. These overt acts must consist of:
- active participation in the actual
commission of the crime itself, or
ART. 8 – CONSPIRACY AND PROPOSAL - moral assistance to his co-
TO COMMIT FELONY conspirators by being present at the
time of the commission of the crime,
REQUISITES OF CONSPIRACY or
1. That 2 or more persons came to an - exerting a moral ascendance over
agreement. the other co-conspirators by moving
2. That the agreement pertains to the them to execute or implement the
commission of a felony. criminal plan (PEOPLE vs. ABUT, et
3. That the execution of the felony was al., GR No. 137601, April 24, 2003)
decided upon.
REQUISITES OF PROPOSAL:
2 CONCEPTS OF CONSPIRACY 1. That a person has decided to commit a
1. Conspiracy as a crime by itself. felony; and
2. That he proposes its execution to
some other person or persons. accordance with law, so that such person
is deemed not to have transgressed the
law and is free from both criminal and civil
ART. 9 – CLASSIFICATION OF FELONIES liability. There is no civil liability, except
ACCORDING TO GRAVITY in par. 4 of Art. 11, where the civil
liability is borne by the persons benefited
Importance of Classification by the act.
1. To determine whether these felonies
can be complexed or not. 1. SELF- DEFENSE
2. To determine the prescription of the
crime and the prescription of the REQUISITES:
penalty. a) Unlawful aggression (condition sine
qua non);
Grave felonies – are those to which the b) Reasonable necessity of the means
law attaches the capital punishment or employed to prevent or repel it; and
penalties which in any of their periods are c) Lack of sufficient provocation on the
afflictive, in accordance with Art. 25 of part of the person defending himself.
the Code.
2. The defense of property rights, only if 3. The person defending be not induced
there is also an actual and imminent by revenge, resentment or other evil
danger on the person of the one motive.
defending ( People vs Narvaez, 121 4. AVOIDANCE OF GREATER EVIL OR
SCRA 389). INJURY
The exemption from punishment is based without the least discernment because
on the complete absence of intelligence, there is a complete absence of the
freedom of action, or intent, or on the power to discern or a total deprivation
absence of negligence on the part of the of freedom of the will. (PEOPLE vs.
accused. ANTONIO, GR No. 144266, November
27, 2002)
JUSTIFYING EXEMPTING
CIRCUMSTANCE CIRCUMSTANCE 2. PERSON UNDER NINE YEARS OF AGE
1. It affects the act 1. It affects the
not the actor. actor not the act. An infant under the age of nine years
2. The act is 2. The act is absolutely and conclusively
considered to have complained of is presumed to be incapable of
been done within the actually wrongful, committing a crime.
bounds of law; but the actor is not
hence, legitimate liable. The phrase “under nine years” should
and lawful in the
be construed “nine years or less”
eyes of the law.
3. Since the act is 3. Since the act
considered lawful, complained of is 3. PERSON OVER NINE YEARS OF AGE
there is no crime. actually wrong there AND UNDER 15 ACTING WITHOUT
is a crime but since DISCERNMENT.
the actor acted
without Must have acted without discernment.
voluntariness, there
is no dolo nor culpa DISCERNMENT – mental capacity to fully
appreciate the consequences of an
4. Since there is no 4. Since there is a
unlawful act.
crime, nor a crime committed
criminal, there is though there is no Discernment maybe shown by:
also no criminal or criminal, there is a) The manner the crime was
civil liability. (except civil liability. committed: or
Art. 11, par. 4) b) The conduct of the offender after its
commission.
who act not only without will but physically impossible for her to take
against his will. home the child. (People vs. Bandian,
63 Phil. 530).
6. UNCONTROLLABLE FEAR The severe dizziness and extreme
debility of the woman constitute an
ELEMENTS: insuperable cause.
1. That the threat which causes the fear
is of an evil greater than, or at least ABSOLUTORY CAUSES - are those where
equal to, that which he is required to the act committed is a crime but for
commit; reasons of public policy and sentiment,
2. That it promises an evil of such gravity there is no penalty imposed.
and imminence that the ordinary man
would have succumbed to it.
Other absolutory causes:
Duress as a valid defense should be 1. Spontaneous desistance (Art. 6)
based on real, imminent, or 2. Accessories who are exempt from
reasonable fear for one’s life or limb criminal liability (Art. 20)
and should not be speculative, 3. Death or physical injuries inflicted
fanciful, or remote fear. under exceptional circumstances (Art.
247)
“ACTUS ME INVITO FACTUS NON EST 4. Persons exempt from criminal liability
MEUS ACTUS” – An act done by me for theft, swindling and malicious
against my will is not my act. mischief (Art. 332)
5. Instigation
7. INSUPERABLE CAUSE.
Entrapment is NOT an absolutory
INSUPERABLE CAUSE – some motive which cause. A buy-bust operation
has lawfully, morally or physically conducted in connection with illegal
prevented a person to do what the law drug-related offenses is a form of
commands. entrapment.
“Immediate” allows for a lapse of time - the offense need -must immediately
unlike in sufficient provocation, as not be immediate. It precede the
long as the offender is still suffering is only required that commission of the
from the mental agony brought about the influence thereof crime.
lasts until the
by the offense to him.
moment the crime is
committed
PROVOCATION VINDICATION
1. It is made 1. The grave 7. SURRENDER AND CONFESSION OF
directly only to the offense may be
GUILT
person committing committed also
the felony. against the
offender’s relatives REQUISITES OF VOLUNTARY SURRENDER:
mentioned by law. 1. That the offender had not been
2. The cause that 2. The offended actually arrested;
brought about the party must have 2. That the offender surrendered himself
provocation need done a grave to a person in authority or to the
not be a grave offense to the latter’s agent;
offense. offender or his 3. That the surrender was voluntary.
relatives mentioned
by law.
3. It is necessary 3. The vindication
WHEN SURRENDER VOLUNTARY
that the provocation of the grave offense A surrender to be voluntary must be
or threat may be proximate, spontaneous, showing the intent of the
immediately which admits of an accused to submit himself unconditionally
preceded the act. INTERVAL of time. to the authorities, either because:
1. he acknowledges his guilt; or
2. he wishes to save them the trouble
5. PASSION OR OBFUSCATION
and expense necessarily incurred in his
search and capture.
It requires that:
1. The accused acted upon an impulse.
2. The impulse must be so powerful that
it naturally produced passion or
obfuscation in him.
REQUISITES OF VOLUNTARY PLEA OF
GUILTY:
REQUISITES:
1. That the offender spontaneously
1. That there be an act, both unlawful
confessed his guilt.
and sufficient to produce such a
2. That the confession of guilt was made
condition of mind;
in open court, that is, before the
2. That said act which produced the
competent court that is to try the
obfuscation was not far removed from
case; and
the commission of the crime by a
3. That the confession of guilt was made
considerable length of time, during
prior to the presentation of evidence
which the perpetrator might recover
for the prosecution.
his normal equanimity.
BASIS: lesser perversity of the
offender.
A mitigating circumstance only when
the same arose from lawful
8. PHYSICAL DEFECT OF OFFENDER
sentiments.
When the offender is deaf and dumb,
BASIS: Loss of reasoning and self-
blind or otherwise suffering from some
control, thereby diminishing the
physical defect, restricting his means
exercise of his will power.
of action, defense or communication
with others.
WHEN PASSION OR OBFUSCATION NOT
MITIGATING: When committed:
The physical defect must relate to the
1. In the spirit of lawlessness, or
offense committed.
2. In a spirit of revenge
BASIS: diminution of element of
PASSION/ PROVOCATION
voluntariness.
OBFUSCATION
- produced by an - the provocation
impulse which may comes from the
9. ILLNESS OF THE OFFENDER
be caused by injured party.
provocation REQUISITES:
Includes illness of the mind not 2. Specific – those which apply only to
amounting to insanity. specific crimes, such as ignominy in
crimes against chastity and cruelty and
BASIS: diminution of intelligence and treachery which are applicable only to
intent. crimes against persons.
a) Disregard of rank, age or sex due
10. SIMILAR AND ANALOGOUS the offended party;
CIRCUMSTANCES b) Abuse of superior strength or
means be employed to weaken the
EXAMPLES: defense;
1) Impulse of jealousy, similar to passion c) Treachery (alevosia);
and obfuscation. d) Ignominy;
2) Testifying for the prosecution,
e) Cruelty;
analogous to plea of guilty
f) Use of unlicensed firearm in the
murder or homicide committed
therewith (RA 8294).
Chapter Four: Circumstances which
Aggravate Criminal Liability (Art. 14)
3. Qualifying – those that change the
Aggravating circumstances – are those
nature of the crime.
which, if attendant in the commission of
the crime, serve to have the penalty Alevosia (treachery) or evident
imposed in its maximum period provided premeditation qualifies the killing
by law for the offense or change the of a person to murder.
nature of the crime. Art. 248 enumerates the qualifying
aggravating circumstances which
BASIS: quality the killing of person to
They are based on the greater perversity murder.
of the offender manifested in the
commission of the felony as shown by:
1. the motivating power itself, 4. Inherent – those which of necessity
2. the place of the commission, accompany the commission of the
3. the means and ways employed crime, therefore not considered in
4. the time, or increasing the penalty to be imposed,
5. the personal circumstances of the such as:
offender, or the offended party. a) Evident premeditation in robbery,
theft, estafa, adultery and
KINDS OF AGGRAVATING concubinage;
CIRCUMSTANCES: b) Abuse of public office in bribery;
c) Breaking of a wall or unlawful
1. Generic – those which apply to all entry into a house in robbery with
crimes, such as: the use of force upon things;
a) Advantage taken of public d) Fraud in estafa;
position; e) Deceit in simple seduction;
b) Contempt or insult of public f) Ignominy in rape.
authorities;
c) Crime committed in the dwelling
of the offended party; 5. Special – those which arise under
d) Abuse of confidence or obvious special conditions to increase the
ungratefulness; penalty of the offense and cannot be
e) Place where crime is committed; offset by mitigating circumstances,
f) Nighttime, uninhabited place, or such as:
band; a) Quasi-recidivism (Art. 160);
g) Recidivism (reincidencia); b) Complex crimes (Art. 48);
h) Habituality (reiteracion); c) Error in personae (Art. 49);
Except for the third which requires When the place of the crime is
that official functions are being illuminated by light, nighttime is not
performed at the time of the aggravating.
commission of the crime, the other
places mentioned are aggravating per GENERAL RULE: Nighttime is absorbed in
se even if no official duties or acts of treachery.
religious worship are being conducted EXCEPTION: Where both the treacherous
there. mode of attack and nocturnity were
deliberately decided upon in the same
Cemeteries, however respectable they case, they can be considered separately if
may be, are not considered as place such circumstances have different factual
dedicated to the worship of God. bases. Thus:
In People vs. Berdida, et. al. (June
PAR. 5. Where PAR. 2. Contempt 30, 1966), nighttime was
public authorities or insult to public considered since it was purposely
are engaged in authorities sought, and treachery was further
the discharge of appreciated because the victim’s
their duties hands and arms were tied together
In both before he was beaten up by the
Public authorities are in the performance of accused.
their duties In People vs. Ong, et. al. (Jan. 30,
1975), there was treachery as the
Place where public duty is performed
In their office. Outside of their
victim was stabbed while lying
office. face up and defenseless, and
nighttime was considered upon
The offended party proof that it facilitated the
May or may not be Public authority
commission of the offense and was
the public authority should not be the
offended party taken advantage of by the
accused.
Recidivism must be taken into account 2. Reiteracion or habituality (par. 10, Art.
no matter how many years have 14) – where the offender has been
intervened between the first and previously punished for an offense to
second felonies. which the law attaches an equal or greater
penalty or for two crimes to which it
Even if the accused was granted a attaches a lighter penalty. This is a
pardon for the first offense, but he generic aggravating circumstance.
commits another felony embraced in
the same title of the Code, the first 3. Multi-recidivism or habitual delinquency
conviction is still counted to make him (Art. 62, par, 5) – where a person within a
a recidivist since pardon does not period of ten years from the date of his
obliterate the fact of his prior release or last conviction of the crimes of
conviction. serious or less serious physical injuries,
The rule is different in the case of robbery, theft, estafa or falsification, is
amnesty which theoretically considers found guilty of the said crimes a third time
the previous transgressions as not or oftener. This is an extraordinary
punishable. aggravating circumstance.
Par. 10 – That the offender has been 4. Quasi-recidivism (Art. 160) – Where a
previously punished for an offense to person commits felony before beginning to
which the law attaches an equal or serve or while serving sentence on a
greater penalty or for two or more previous conviction for a felony. This is a
crimes to which it attaches a lighter special aggravating circumstance.
penalty.
Since reiteracion provides that the
REQUISITES of REITERACION or accused has duly served the sentence
HABITUALITY: for his previous conviction/s, or is
1. That the accused is on trial for an legally considered to have done so,
offense; quasi-recidivism cannot at the same
2. That he previously served sentence for time constitute reiteracion, hence this
another offense to which the law aggravating circumstance cannot apply
attaches an to a quasi-recidivist.
a) Equal or
b) Greater penalty, or If the same set of facts constitutes
c) For two or more crimes to which it recidivism and reiteracion, the liability
attaches a lighter penalty than of the accused should be aggravated
that for the new offense; and by recidivism which can easily be
3. That he is convicted of the new proven.
offense
Par. 11 – That the crime be committed
REITERACION RECIDIVISM in consideration of a price, reward or
As to the first offense promise.
1. Crimes against property (e.g. arson, the imputation tends to blacken the
estafa, theft, robbery) memory of one who is dead.
2. Crimes against chastity, and
3. Treason – because love of country This article applies only when the
should be a natural feeling of every offenders are to be judged by their
citizen, however unlettered or individual, and not collective, liability.
uncultured he may be.
ART. 17 PRINCIPALS
TITLE TWO: PERSONS CRIMINALLY LIABLE
FOR FELONIES THE FOLLOWING ARE PRINCIPALS:
ART. 16 – WHO ARE CRIMINALLY 1. Those who take a direct part in the
LIABLE execution of the act (PRINCIPAL BY
DIRECT PARTICIPATION)
FOR GRAVE AND LESS GRAVE FELONIES 2. Those who directly force or induce
1. Principals others to commit it (PRINCIPAL BY
2. Accomplices INDUCTION)
3. Accessories 3. Those who cooperate in the
commission of the offense by another
FOR LIGHT FELONIES act without which it would not have
1. Principals been accomplished (PRINCIPAL BY
2. Accomplices INDISPENSABLE COOPERATION).
REQUISITES: Requisites:
1. That there be community of design; 1. The accessory is a public officer.
that is, knowing the criminal design of 2. He harbors, conceals, or assists in
the principal by direct participation, the escape of the principal.
he concurs with the latter his purpose; 3. The public officer acts with abuse
2. That he cooperates in the execution of of his public functions.
the offense by previous or
2. The new or amendatory law does NOT provide more favorable conditions to
provide against its retrospective the accused.
application.
Criminal liability under the repealed law
Habitual delinquent – a person who, subsists:
within a period of ten years from the date 1. When the provisions of the former law
of his release or last conviction of the are reenacted; or
crimes of serious or less serious physical The right to punish offenses
injuries, robbery, theft, estafa, or committed under an old penal law
falsification, is found guilty of any said is not extinguished if the offenses
crimes a third time or oftener. are still punishable in the
repealing penal law.
EX POST FACTO LAW 2. When the repeal is by implication; or
An act which when committed was not a When a penal law, which impliedly
crime, cannot be made so by statute repealed an old law, is itself
without violating the constitutional repealed, the repeal of the
inhibition as to ex post facto laws. An ex repealing law revives the prior
post facto law is one which: penal law, unless the language of
1. Makes criminal an act done before the the repealing statute provides
passage of the law and which was otherwise.
innocent when done; If the repeal is absolute, criminal
2. Aggravates a crime, or makes it liability is obliterated.
greater than it was, when committed; 3. When there is a saving clause.
3. Changes the punishment and inflicts a
greater punishment than the law
annexed to the crime when ART. 23- EFFECT OF PARDON BY THE
committed; OFFENDED PARTY
4. Alters the legal rules of evidence, and
authorizes conviction upon a less or GENERAL RULE – Pardon by the offended
different testimony than the law party does not extinguish the criminal
required at the time of the commission liability of the offender. REASON: A crime
of the offense; committed is an offense against the State.
5. Assumes to regulate civil rights and Only the Chief Executive can pardon the
remedies only, in effect imposing a offenders.
penalty or deprivation of a right for
something which when done was EXCEPTION - Pardon by the offended
lawful; and party will bar criminal prosecution in the
6. Deprives a person accused of a crime following crimes:
of some lawful protection to which he
has become entitled, such as the Adultery and Concubinage (Art.
protection of a former conviction or 344, RPC)
acquittal, or a proclamation of – EXPRESS or IMPLIED pardon must
amnesty. be given by offended party to BOTH
offenders.
If retroactive effect of a new law is - Pardon must be given PRIOR to
justified, it shall apply to the institution of criminal action.
defendant even if he is:
1. presently on trial for the offense; Seduction, Abduction, Acts of
2. has already been sentenced but Lasciviousness (Art. 344, RPC)
service of which has not begun; or
3. already serving sentence
– EXPRESS pardon given by
The retroactive effect of criminal offended party or her parents or
statutes does not apply to the culprit’s grandparents or guardian
civil liability. - Pardon must be given PRIOR to
REASON: The rights of offended the institution of the criminal action.
persons or innocent third parties are However, marriage between the offender
not within the gift of arbitrary disposal and the offended party EVEN AFTER the
of the State. institution of the criminal action or
conviction of the offender will extinguish
The provisions of Art. 22 are the criminal action or remit the penalty
applicable even to special laws which already imposed against the offender, his
fifths of the time of preventive 1. A pardon shall not restore the right to
imprisonment: hold public office or the right of
1. Recidivists or those convicted suffrage.
previously twice or more times of any EXCEPTION: When any or both such
crime. rights is/are expressly restored by the
2. Those who, upon being summoned for terms of the pardon.
the execution of their sentence, failed
to surrender voluntarily. 2. It shall not exempt the culprit from
the payment of the civil liability.
Habitual delinquents are included in
No. 1.
LIMITATIONS UPON THE EXERCISE OF THE
No. 2 refers to convicts who failed to PARDONING POWER:
voluntarily surrender to serve their 1. That the power can be exercised only
penalties under a final judgment, after conviction “by final judgment”;
since this is indicative of a greater
defiance of authority. It does not refer 2. That such power does not extend to
to failure or refusal to voluntarily cases of impeachment.
surrender after the commission of the GENERAL RULE: When the principal
crime. penalty is remitted by pardon, only the
effect of that principal penalty is
Section Two – Effects of the penalties extinguished, but not the accessory
according to their respective nature. penalties attached to it.
EXCEPTION: When an absolute pardon is
A plebiscite is not mentioned or granted after the term of imprisonment
contemplated in Art.30, par. 2 has expired, it removes what is left of the
(deprivation of the right to vote), consequences of conviction.
hence, the offender may vote in that
exercise, subject to the provisions of PARDON BY THE PARDON BY
pertinent election laws at the time. CHIEF EXECUTIVE OFFENDED PARTY
(ART. 36) (ART. 23)
Perpetual absolute disqualification is As to the crime covered
effective during the lifetime of the
convict and even after the service of Can extend to any Applies only to
the sentence. crime, unless crimes against
otherwise provided chastity under the
by or subject to RPC.
Temporary absolute disqualification
conditions in the
lasts during the term of the sentence, Constitution or the
and is removed after the service of the laws.
same, EXCEPT:
1) Deprivation of the public office or
employment, and As to extinguishment of criminal
2) Loss of all rights to retirement pay liability
or other pension for any office Extinguishes Does not extinguish
formerly held. criminal liability. criminal liability
although it may
Bond to keep the peace is different constitute a bar to
from bail bond which is posted for the the prosecution of
the offender.
provisional release of a person
arrested for or accused of a crime.
At to the effect on civil liability
Cannot affect the The offended party
CIVIL INTERDICTION IN ART. 34 IS civil liability ex can waive the civil
IMPOSED WHEN THE PENALTY IS: delicto of the liability.
1. Death which is not carried out, offender.
2. Reclusión perpetua,or
3. Reclusión temporal When granted
Can be extended Can be validly
only after granted only before
conviction by final the institution of
ART. 36 – PARDON; ITS EFFECTS judgment of the the criminal action.
accused.
EFFECTS OF PARDON BY THE PRESIDENT To whom granted
To any or all of the In adultery and
accused concubinage, must
2. For non-payment of reparation or The Code does not provide for any
indemnification, accessory penalty for destierro.
4. Where one of the offenses is penalized offender shall be PUNISHED FOR EACH
by a special law. and every offense that he committed.
Art. 48 does not apply when the law CONTINUING CRIME – is a single crime,
provides one single penalty for special consisting of a series of acts, but all
complex crime. These include – arising from ONE CRIMINAL RESOLUTION;
Robbery with Homicide length of time in the commission is
Robbery with Rape immaterial.
Rape with Homicide
Kidnapping with Serious REAL OR CONTINUED
Physical Injuries MATERIAL CRIME
Kidnapping with Homicide or PLURALITY
Murder 1. There is a series 1. There is a series
of acts performed of acts performed
The penalty for complex crime is the by the offender by the offender
penalty for the most serious crime, the 2. Each act 2. The different acts
same to be applied in its maximum performed by the constitute only one
offender constitutes crime, all of the
period.
a separate crime, acts performed arise
each act is from one criminal
If different crimes resulting from one generated by a resolution
single act are punished with the same criminal impulse
penalty, the penalty for any one of
them shall be imposed, the same to be ART. 49 PENALTY TO BE IMPOSED
applied in the maximum period. UPON THE PRINCIPALS WHEN THE CRIME
COMMITTED IS DIFFERENT FROM THAT
Art. 48 applies to crimes through INTENDED
negligence. E.g.: offender found guilty
of a complex crime of homicide with RULES:
less serious physical injuries through 1. If the penalty for the felony
reckless imprudence. committed be higher than the penalty
for the offense which the accused
When 2 felonies constituting a intended to commit, the lower penalty
complex crime are punishable by shall be imposed in its maximum
imprisonment and fine, respectively, period.
only the penalty of imprisonment 2. If the penalty for the felony
should be imposed. REASON: fine is committed be lower than the penalty
not included in the list of penalties in for the offense which the accused
the order of severity, and it is the last intended to commit, the lower penalty
in the graduated scales in Art. 71 of shall be imposed in its maximum
the RPC. period.
3. If the act committed also constitutes
Plurality of Crimes- consists in the an attempt or frustration of another
successive execution, by the same crime, and the law prescribes a higher
individual, of different criminal acts, penalty for either of the latter, the
upon any of which no conviction has yet penalty for the attempted or
been declared. frustrated crime shall be imposed in
its maximum period.
KINDS:
1. FORMAL OR IDEAL PLURALITY- only ART. 59. PENALTY TO BE IMPOSED IN
ONE CRIMINAL LIABILITY. CASE OF FAILURE TO COMMIT THE CRIME
THREE GROUPS UNDER THE BECAUSE THE MEANS EMPLOYED OR THE
FORMAL TYPE: AIMS SOUGHT ARE IMPOSSIBLE
a) When the offender commits
any of the complex crimes in The penalty for impossible crime is Arresto
ART 48. Mayor (imprisonment of 1 mo and 1 day to
b) When the law specifically fixes 6 mos) or fine ranging from 200-500pesos.
a single penalty for two or BASIS FOR THE IMPOSITION OF PROPER
more offenses committed. PENALTY
c) When the offender commits 1. Social danger; and
continuing crimes. 2. Degree of criminality shown by the
2. REAL OR MATERIAL PLURALITY - offender
DIFFERENT CRIMES in law, as well as in
the conscience of the offender; the ART. 61. RULES OF GRADUATING
PENALTIES
Civil liability is satisfied by following the degree, the STARTING POINT for
chronological order of the dates of the determining the minimum term of the
final judgment. indeterminate penalty is the penalty
next lower than that prescribed by the
Code for the offense.
year, the period of probation shall not 4. Convict who becomes insane, after
exceed 2 years. final sentence of death has been
2. In all other cases, if he is sentenced to pronounced.
more than one year, said period shall
not exceed 6 years.
3. When the sentence imposes a fine only ART. 87. DESTIERRO
and the offender is made to serve
subsidiary imprisonment. The period ONLY IN THE FOLLOWING CASES IS
of probation shall be twice the total DESTIERRO IMPOSED:
number of days of subsidiary 1. Death or serious physical injuries is
imprisonment. caused or are inflicted under
exceptional circumstances (Art. 247);
J. ARREST OF PROBATIONER AND
SUBSEQUENT DISPOSITIONS 2. Failure to give bond for good behavior
1. At any time during probation, the in grave and light threats (Art. 284);
court may issue a warrant for the 3. Penalty for the concubine in
ARREST of a probationer for any concubinage (Art. 334);
serious violation of the conditions of 4. When, after reducing the penalty by
probation. one or more degrees, destierro is the
2. If violation is established, the court proper penalty.
may (a) REVOKE his probation, or (b)
continue his probation and MODIFY the
conditions thereof. This order is not TITLE FOUR: EXTINCTION OF CRIMINAL
appealable. LIABILITY
3. If revoked, the probationer shall SERVE
the sentence originally imposed. Chapter One: Total Extinction of
Criminal Liability (Arts. 89-93)
K. TERMINATION OF PROBATION
The court may order the final discharge of ART. 89. CRIMINAL LIABILITY IS
the probationer upon finding that, he has TOTALLY EXTINGUISHED
fulfilled the terms and conditions of his
probation. HOW CRIMINAL LIABLITY TOTALLY
EXTINGUISHED:
L. EFFECTS OF TERMINATION 1. By the DEATH of the convict as to
OF PROBATION personal penalties; BUT as to
1. Case is deemed terminated. pecuniary penalties, liability is
2. Restoration of all civil rights lost or extinguished only when the death of
suspended. the offender occurs before or after
3. Fully discharges liability for any fine final judgment
imposed.
date of the evasion of service of the Chapter One: Persons Civilly Liable for
sentence by the convict. Felonies (Arts. 100-103)
ART. 100. CIVIL LIABILITY OF A
Chapter Two: Partial Extinction of PERSON GUILTY OF FELONY
Criminal Liability (Arts. 94-99)
A CRIME HAS A DUAL CHARACTER:
ART. 94. PARTIAL EXTINCTION OF 1. As an offense against the state,
CRIMINAL LIABILITY because of the disturbance of the
social order; and
CRIMINAL LIABILITY IS PARTIALLY 2. As an offense against the private
EXTINGUISHED: person injured by the crime, UNLESS it
1. By CONDITIONAL PARDON; involves the crime of treason,
2. By COMMUTATION OF SERVICE rebellion, espionage, contempt, and
3. For GOOD CONDUCT ALLOWANCES others wherein no civil liability arises
which the culprit may earn while he is on the part of the offender, either
serving sentence; because there are no damages to be
4. By PAROLE compensated or there is no private
a. Parole – is the suspension of the person injured by the crime.
sentence of a convict, after
serving the minimum term of the EFFECT OF ACQUITTAL
indeterminate penalty, without Extinction of the penal action does NOT
being granted a pardon, carry with it extinction of the civil;
prescribing the terms upon which UNLESS the extinction proceeds from a
the sentence shall be suspended declaration in a final judgment that the
fact from which the civil liability might
b. If the convict fails to observe the arise did not exist. (See Section 1, Rule
condition of the parole, the Board 111 of the 2000 Rules on Criminal
of Pardons and Parole is Procedure. Civil liability arising from other
authorized to : sources of obligations is not impliedly
(1) direct his ARREST AND RETURN instituted with the criminal action).
TO CUSTODY and thereafter;
(2) to CARRY OUT HIS SENTENCE EFFECT OF DISMISSAL OF CASE
WITHOUT REDUCTION of the time that The dismissal of the information or the
has elapsed between the date of the criminal action does NOT affect the right
parole and the subsequent arrest. of the offended party to institute or
5. By PROBATION. See Probation Law continue the civil action already instituted
page42 arising from the offense, because such
dismissal or extinction of the penal action
Conditional pardon distinguished from does not carry with it the extinction of the
parole civil action.
CONDITIONAL PAROLE
PARDON EFFECT OF DEATH OF THE OFFENDER
1. May be given at any 1. May be given after If the offender dies prior to the institution
time after final the prisoner has of the action or prior to the finality of
judgment; is granted served the minimum judgment, civil liability ex-delicto is
by the Chief Executive penalty; is granted by extinguished. (DE GUZMAN vs. PEOPLE OF
under the provisions the Board of Pardons THE PHILIPPINES, G.R. No. 154579.
of the Administrative and Parole under the
Code provision of the
October 8, 2003)
Indeterminate
Sentence Law In all these cases, civil liability from
2. For violation of the 2. For violation of the sources other than delict are not
conditional pardon, terms of the parole, extinguished.
the convict may be the convict CANNOT
ordered re-arrested or BE PROSECUTED
re-incarcerated by the UNDER ART. 159 OF
Chief Executive, or THE RPC, he can be
may be PROSECUTED re-arrested and re-
ART. 101. RULES REGARDING CIVIL
under Art. 159 of the incarcerated to serve
Code the unserved portion LIABILITY IN CERTAIN CASES
of his original penalty. - Civil liability is still imposed in cases
falling under exempting circumstances
TITLE FIVE: CIVIL LIABILITY EXCEPT:
ELEMENTS
1. The employer, teacher, person, or
corporation is engaged in any kind of
industry.
2. Any of their servants, pupils,
workmen, apprentices, or employees