CRIMINAL LAW 1

REVISED PENAL CODE BOOK I

AND OTHER SPECIAL LAWS

ATTY. DATU NASSER A. PENDATUN, JR.

 • Aggravating circumstances –
those which, if attendant in the
commission of the crime, serve
to increase the penalty without,
however, exceeding the
maximum of the penalty
provided by law for the offense.
ARTICLE 14. a. Ordinary Aggravating
AGGRAVATING
CIRCUMSTANCES
Circumstance
b. Special Aggravating
Circumstance
c. Qualifying Aggravating
Circumstance
d. Extraordinary circumstance
AGGRAVATING CIRCUMSTANCES

(1) That advantage be taken by the offender of his public

position
TAKING ADVANTAGE OF PUBLIC POSITION
• special aggravating circumstance
• Elements:
1. the offender is a public officer;
2. offender took advantage of his position to facilitate the
commission of crime.
• “Did the accused abuse his office in order to commit the crime?”
AGGRAVATING CIRCUMSTANCES

(2) That the crime be committed in contempt of or with insult to the public authorities;

IN CONTEMPT OF OR WITH INSULT TO PUBLIC AUTHORITIES

• Elements:
a. the public authority is engaged in the exercise of public function;
b. the offender committed a crime despite of his presence showing lack of respect for public authorities;
c. he who is thus engaged in the exercise of said functions is not the person against whom the crime is
committed;
d. the offender knows him to be a public authority.
AGGRAVATING CIRCUMSTANCES

(3) That the act be committed with insult or in

disregard of the respect due to the offended party
on account of his rank, age, or sex, or that it be
committed in the dwelling of the offended party, if
the latter has not given provocation;
DISREGARD OF RANK, AGE OR SEX AND
DWELLING
 • DWELLING(‘MORADA’)– Elements:
a. offender committed crime in the dwelling
of the offended party (Dwelling – house or
structure exclusively used for rest and
comfort but not necessarily for permanent
dwelling and not necessarily owned by the
offended party; also includes every
dependency of the house that forms an
DWELLING integral part thereof)
b. offended party has not given sufficient
(‘MORADA’) provocation
c. offender committed the crime in
disregard of the sanctity of privacy and the
respect which the dwelling is entitled (if the
offender and victim were living in the same
dwelling, the former could not have
transgressed the sanctity of privacy due to
the dwelling by committing a crime therein)
AGGRAVATING CIRCUMSTANCES

(4) That the act be committed with abuse of

confidence;
--- There is special, immediate and personal relation
between the victim and the offender

That the act be committed with obvious

ungratefulness;
 Abuse of Obvious
Confidence Ungratefulness
Essence: taking Essence:
advantage of the commission of a
confidence crime instead of
reposed by the being grateful to
victim on the the generosities
offender to given by the victim
facilitate the to the offender
commission of the
crime
AGGRAVATING CIRCUMSTANCES

(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;
• Places:
1. religious places
2. Palace or presence of the President
3. Offices of Public Authorities
AGGRAVATING CIRCUMSTANCES

(6) That the crime be committed in the nighttime, or in

an uninhabited place, or by a band, whenever such
circumstances may facilitated 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.
 AGGRAVATING
CIRCUMSTANCES
• NIGHTTIME • UNINHABITED
(‘OBSCURIDAD’) PLACE
• Nighttime – period of (‘DESPOBLADO’)
darkness beginning at -one where there are no
end of dusk and houses at all, a place at a
ending at dawn considerable distance
(Viada). Nights are from town, or where the
from sunset to sunrise houses are scattered at a
(Art. 13, Civil Code). great distance from each
other.
AGGRAVATING CIRCUMSTANCES

BAND (‘CUADRILLA’)
• Elements:
1. crime committed by a band;
2. band facilitated the commission of the crime or insured impunity;
3. offender intended to capitalize band in committing the crime.
• BAND – at least four malefactors; at least four of them are armed;
at least four of them take part together in the commission of the
crime.
AGGRAVATING CIRCUMSTANCES

(7) That the crime be committed on the occasion of a

conflagration, shipwreck, earthquake, epidemic, or other
calamity or misfortune;
(8) That the crime be committed with the aid of armed
men;
That the crime be committed with the aid of persons
who insure or afford impunity.
AGGRAVATING CIRCUMSTANCES

(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.
AGGRAVATING CIRCUMSTANCES

• RECIDIVISM (‘REINCIDENCIA’)
• Elements:
1. accused have been previously convicted of a crime by a
final judgment;
2. accused have been previously convicted of a crime by a
final judgment at the time of his trial for the subject crime;
3. the crime for which he was previously convicted and the
subject crime for which he is being tried are embraced in the
same title of the RPC
AGGRAVATING CIRCUMSTANCES

• QUASI-RECIDIVISM
-special aggravating circumstance under Article 160
-is punished with more severity than recidivism because the
latter circumstance may be offset by a mitigating circumstance
• Elements:
a. offender had been previously convicted by a final judgment;
b. before beginning to serve such sentence or while serving
the same, offender committed the subject felony
AGGRAVATING CIRCUMSTANCES

(10) That the offender has been previously punished for 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’
• Elements:
1. offender have been previously punished for one crime or two or more crimes;
2. the offender committed the subject crime after he served out his previous sentences;
3. the previous crime/s and the subject crime must not be embraced in the same title;
4. the law attaches for one prior crime a penalty equal to or greater than that for the subject
crime, or for two or more prior crimes a penalty lighter than that for the subject crime
 RECIDIVISM REITERACION

It is enough that the a final It is necessary that the offender

judgment has been rendered in shall have served out his
the 1st offense sentence for the 1st offense

Requires that the offenses be Previous and subsequent

included in the same title of the offenses must not be embraced
Code in the same title of the Code

Always to be taken into Not always an aggravating

consideration in fixing the circumstance
penalty to be imposed upon the
accused
 1. Recidivism (Art. 14, par. 9) –
ordinary aggravating
2. Reiteracion (Art. 14, par. 10) –
ordinary aggravating
FORMS OF
3. Quasi-Recidivism (Art. 160) –
REPETITION
special aggravating
4. Habitual delinquency or
Multi-recidivism (Art. 62) –
extraordinary aggravating
AGGRAVATING CIRCUMSTANCES

(11) That the crime be committed in consideration of a

price, reward, or promise;
(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;
AGGRAVATING CIRCUMSTANCES

(13) That the act be committed with evident premeditation;

EVIDENT PREMEDITATION (‘PREMEDITACION
CONOCIDA’)
• Elements:
1. the time when the accused was determined to commit the
crime;
2. an act manifestly indicating that the accused clung to that
determination;
3. a lapse of time between the determination and the execution
sufficient to allow the accused to reflect upon the consequences of
the act;
AGGRAVATING CIRCUMSTANCES

(14) That craft, fraud, or disguise be employed;

• FRAUD – direct inducement by insidious words or machinations to
induce the victim to act in a manner which would enable the
offender to carry out his design
• CRAFT – employing trick or ploy to gain access to the victim in
committing a crime; acts of the accused done in order not to arouse
the suspicion of the victim; use of intellectual trickery and cunning
on the part of the accused
• DISGUISE (‘DISFRAZ’) -- resorting to any device to conceal
identity
AGGRAVATING CIRCUMSTANCES

(15) That advantage be taken of superior strength;

• Superiority:
a. Armed superiority
b. Physical superiority (female inferiority, old-age
inferiority; tender age inferiority; size inferiority)
c. Numerical superiority (4 against one)
 Band Aid of armed Abuse of Organized
men superior strength /Syndicated crime
group
At least 4 armed There must be a Numerical and At least two
malefactors principal by armed strength offenders, armed
direct of the offenders or not
participation should be
and armed men considered
participating in a
minor character
Participation of The aiding The offenders The offenders
the armed offenders must must commit must act as
malefactors participate in a the crime in the conspirators
must be that of minor character character of
a principal by such as that of principals
direct an accomplice
participation
AGGRAVATING CIRCUMSTANCES

(15) That means be employed to weaken the defense;

(16) That the act be committed with treachery (alevosia);
There is treachery when the offender commits any of
the crimes against the 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.
AGGRAVATING CIRCUMSTANCES

(17) That means be employed or circumstances brought

about which add ignominy to the natural effects of the
act;

• IGNOMINY
--circumstance pertaining to the moral order, which adds
disgrace and obloquy to the material injury caused by the
crime
AGGRAVATING CIRCUMSTANCES

(18) That the crime be committed after an unlawful

entry; (‘ESCALAMIENTO’)
(19) That as a 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 fifteen years of age;
AGGRAVATING CIRCUMSTANCES

(20) That the crime be committed by means of motor

vehicles, motorized watercraft, airships, or other similar
means;
(21) That the wrong done in the commission of the
crime be deliberately augmented by causing other wrong
not necessary for its commission; (CRUELTY)
 Cruelty Ignominy
Act is not Appreciable even if
necessary to the the act of the
commission of offender is
the crime necessary to the
commission of the
crime
Refers to Involves moral
physical suffering suffering
AGGRAVATING CIRCUMSTANCES

• SCOFFING AND OUTRAGING

qualifying circumstance in murder under Art. 248 but
is not listed as an ordinary aggravating circumstance
• 2 kinds:
a. scoffing or outraging at his person;
b. scoffing or outraging at his corpse.
• To Scoff – to express derision or to scorn at somebody;
• Outrage – to offend or insult
AGGRAVATING CIRCUMSTANCES

• USE OF UNLICENSED FIREARM AND

EXPLOSIVES (PD 1866, as amended by R.A. No. 8294)
• If the offender killed the person with the use of unlicensed
firearms or explosives:
1. offender shall be charged with and punished for homicide
or murder with ordinary aggravating circumstance of use of
unlicensed firearm;
2. offender cannot be charged with an punished
independently for illegal possession of firearm.
 • ALTERNATIVE
CIRCUMSTANCES – those
which must be taken into
consideration as aggravating or
mitigating according to the
nature and effects of the crime
and the other conditions
ARTICLE 15.
ALTERNATIVE
attending its commission.
CIRCUMSTANCES
A. RELATIONSHIP
B. INTOXICATION
C. INSTRUCTION AND
EDUCATION
 • The following are criminally
liable for grave and less grave
felonies:
Article 1. Principals;
16. Who 2. Accomplices;

are 3. Accessories.

criminally • The following are criminally

liable for light felonies:
liable 1. Principals;
2. Accomplices.
 • The following are considered
principals:
1. Those who take a direct part in
the execution of the act;
2. Those who directly force of
Article 17. induce others to commit it;
PRINCIPALS 3. Those who cooperate in the
commission of the offense by
another act without which it
would not have ben
accomplished.
 PRINCIPALS

• Principal by direct participation – the person who

takes a direct part in the execution of the acts;
• Principal by inducement/induction – one who
directly induces or forces another to commit a crime;
• Principal by indispensable cooperation – one who
cooperates in the commission of the offense by
another act without which if would not have been
accomplished.
 • Accomplices are those persons
who, not being included in
Article 17, cooperate in the
execution of the offense by
previous or simultaneous acts.
Article 18. • If offender took part subsequent
to the commission of the crime,
Accomplices he is liable as an accessory.
• Accomplice concurred in the
criminal resolution with the chief
actor by performing
simultaneous or previous act.
 ACCOMPLICES

• come to know about the criminal intention after the

principals have reached the decision, and only then do
they agree to cooperate in its execution;
• Merely concur in the criminal decision;
• do not decide whether the crime should be committed;
• Merely instruments who perform acts not essential to
the perpetration of the offense
 Principal by Accomplice
indispensable
cooperation
One must participate in the
criminal resolution, a
Requisites:
a. community of design –
PRINCIPAL BY
conspiracy or unity in knowing the criminal INDISPENSABLE
criminal purpose and design of the principal by COOPERATION
cooperation in the DP, he concurs with the
commission of the offense latter in his purpose; VS. ACCOMPLICE
by performing another act b. he cooperates in the
without which it would not execution of the offense by
have been accomplished previous or simultaneous
acts;
c. there must be a relation
between the acts done by
the principal and those
attributed to the person
charged as accomplice
 Conspirators Accomplices
Conspirators know the Accomplices come to
criminal intention know about it after the
because they principals have reached
themselves have the decision, and only then CONSPIRATORS
decided upon such do they agree to cooperate VS.
course of action. in its execution.
ACCOMPLICES
Decide that a crime Merely concur in the
should be committed criminal decision; do not
decide whether the crime
should be committed
Authors of the crime Merely their instruments
who perform acts not
essential to the
perpetration of the offense
 • Accessories are those who, having knowledge of
the commission of the crime, and without
having participated therein, either as principals
or accomplices, take part subsequent to its
commission in any of the following manners:
1. By profiting themselves or assisting the
offender to profit by the effects of the crime.
Article 2. By concealing or destroying the body of the
crime, or the effects or instruments thereof, in

19. order to prevent its discovery.

3. By harboring, concealing, or assisting in the
escape of the principal of the crime, provided
Accessories the accessory acts with abuse of his public
functions or whenever the author of the crime is
guilty of treason, parricide, murder, or an
attempt to take the life of the Chief Executive,
or is known to be habitually guilty of some other
crime.
Also called ‘ACCESSORY AFTER THE FACT’

• Requisites:
1. crime was committed by principal;
2. the participator must have knowledge of the commission of the crime by the principal;
3. the participator did not participate in the commission of the crime as principal or
accomplice;
4. the participator took part in the commission of the crime by performing subsequent acts.
• Additional Requisites:
1. crime committed by the principal must be a grave or less grave felony – Article 16;
2. in case of accessory of the 2nd or 3rd kind, the principal must not be spouse, ascendant,
descendant, brothers and sisters, or relatives by affinity within the same degrees of the
accessory – Article 20.
Crime was committed by an unidentified, dead or at large principal:

• A. Billon doctrine (Pp vs. Billon, CA 48 OG 1391) Even if the principal was not tried and convicted,
offender may be held liable as accessory as long as there is evidence that the crime was committed by
principal.
• B. Barlam doctrine (Pp vs. Barlam, CA 59 OG 2474) The accused cannot be held liable as accessory
under par. 3 Article 19, if the principal charged with murder died before trial.
• C. Controlling Rule: (Pp vs. Inovera, et.al. 65 OG 3168) CA reverted back to the Billon doctrine.
- see Viño vs. People (GR No. 84163, October 19, 1989) SC re-affirmed the principle in Billon. 3
pronouncements:
a. Acquittal of the principal must likewise result in the acquittal of the accessory since it was shown that
no crime was committed;
b. If the principal died or escaped before he could be tried and sentenced, accessory may be held
criminally liable;
c. If the principal was not identified but the accessory was identified, the latter can be prosecuted and held
liable independently of the assailant.
FIRST MODE - by profiting himself or assisting
the offender to profit by the effects of the crime
• Fencing: the act of any person,
who with intent to gain for himself
or for another, shall buy, receive,
• Accessory in robbery possess, keep, acquire, conceal, sell
and theft – 2 liabilities: or dispose of, or shall buy and sell,
or in any manner deal in any
a. Accessory in the article, item, object or anything of
crime of theft or value which he knows, or should
robbery under the be known to him, to have been
derived from the proceeds of the
RPC; crime of robbery or theft.
b. principal in the
crime of fencing under
PD 1612.
 Elements of Fencing:

1. a crime of robbery or theft has been committed;

2. the accused, who is not a principal or accomplice in the commission
of the crime of robbery or theft, buys, receives, possesses, keeps,
acquires, conceals, sells or disposes, or buys and sells, or in any manner
deals in any article, item, object or anything of value, which has been
derived from the proceeds of said crime;
3. the accused knows or should have known that the said article, item,
object, or anything of value has been derived from the proceeds of the
crime of robbery or theft; and
4. there is on the part of the accused intent to gain for himself or for
another.
 Accessory in theft or Fence under PD 1612
robbery
Penalty is 2 degrees lower Heavy penalties on
than that prescribed for persons who profit by the
the principal effects of the crime of theft
or robbery
Accessory after the fact in Principal in the offense of
theft or robbery fencing
Crime committed is Crime is malum prohibitum
malum in se
No presumption similar to Sec. 5 Establishes a
that provided under PD presumption – mere
1612 possession shall be prima
facie evidence of fencing
 SECOND MODE – by concealing or destroying the
body of the crime, or the effects or instruments
thereof, in order to prevent its discovery;

• Body of the crime (‘corpus • 2 liabilities of one who

delicti’) – as the body or
substance of the crime
and in its primary sense,
refers to the fact that a
crime has actually been
committed.
concealed or destroyed
the body of the crime:
a. accessory under the
RPC;
b. principal of the
offense of Obstruction
of Justice under PD
No. 1829.
 OBSTRUCTION OF JUSTICE

• Elements:
a. offender knowingly or willfully obstructs, impedes, or frustrates the
investigation and prosecution of criminal cases or delays the apprehension of
suspects and the investigation and prosecution of criminal cases;
b. the offender alters, destroys, suppresses or conceals any paper, record,
document nor object;
c. the offender intended to impair the veracity, authenticity, legibility, availability
or admissibility of the said paper, record, document, or object as evidence in any
investigation of or official proceedings in criminal cases, or to be used in the
investigation of, or official proceedings in, criminal cases.
 Accessory under the RPC Obstruction of justice
Required that a crime was It is not necessary that the
committed by the principal crime was committed by the
principal
Destroys or conceals the body Destroys or conceals
of the crime, or the effects or “document or object” to be
instruments thereof used as evidence in a case;
may include the body of the
crime, or the effects or
instruments thereof
Destroys or conceals body of One who destroys or conceals
the crime, or the effects or a “document or object” to
instruments thereof to prevent impart its availability as
its discovery evidence in a criminal case
Must not have participated in Not required that the offender
the commission of the crime must neither be a principal nor
as principals an accomplice
 THIRD MODE – one who had knowledge of the commission of the
crime and did not participate in its commission as principal or accomplice,
yet took part subsequent to its commission by harboring, concealing, or
assisting in the escape of the principal of the crime, provided the
accessory acts with abuse of his public functions or whenever the author
of the crime is guilty of treason, parricide, murder, or an attempt to take
the life of the Chief Executive, or is known to be habitually guilty of
some other crime.

• 2 kinds of Accessories under the 3rd type:

a. public officer who acts with abuse of his public function by harboring,
concealing or assisting in the escape of the principal of the crime; and
b. private individual who does the same thing to a principal guilty of the
crime of treason, parricide, murder or an attempt against the life of the
Chief Executive or is known to be habitually guilty of some other grave or
less grave felony.
 OBSTRUCTION OF JUSTICE under Sec 1 (b)

• Elements:
a. offender knowingly or willfully obstructs, impedes, frustrates or
delays the apprehension of suspects and the investigation and
prosecution of criminal cases;
b. offender harbors or conceals, or facilitates the escape of a person;
c. offender knows, or has reasonable ground to believe, or suspects
that the person he assisted has committed any offense under existing
penal laws; and
d. the offender assisted the criminal in order to prevent his arrest,
prosecution and conviction.
 Accomplice Accessory Accomplice
vs.
Participates before or Takes part
during the subsequent to the
commission of the commission of the
offense offense
Knows of the criminal Knows
design
principal
of
of the
the commission of the
offense
Provides material or Acts in the 3 ways
Accessory
moral aid in an specified in Article
efficacious way but 19
not in a manner
indispensable to the
offense
No exemption from Some accessories
liability are exempted
under Article 20
 • The penalties prescribed for
Article accessories shall not be imposed
upon those who are such with
20. respect to their spouses,
Accessories ascendants, descendants,
legitimate, natural, and adopted
who are brothers and sisters, or relatives
exempt by affinity within the same
degrees, with the single exception
from of accessories falling within the
criminal provisions of paragraph 1 of the
next preceding article.
liability
 RELATIONSHIP

• RELATIONSHIP – absolutory cause or factor that will exempt

2nd and 3rd types of accessory from criminal liability
- by consanguinity and affinity
- does not cover 1st type of accessory
- accessory of the 2nd and 3rd type may be charged with obstruction
of justice as PD 1829 did not provide relationship as a ground for
criminal exemption
• LIGHT FELONIES –only principals and accomplices are
criminally liable; however, accessories in light felonies can be held
liable for obstruction of justice.
 PENALTIES
• PENALTY -- suffering that is
inflicted by the State for the
transgression of the law;
• Penalties are prescribed by
statutes;
• Juridical conditions of penalty
• Purpose: to secure justice;
• Theories justifying penalty:
a. Prevention
b. Self- defense
c. Reformation
d. Justice
• 3-Fold Purpose of the Penalty under the
RPC
1. Retribution or expiation – the penalty is
commensurate to the gravity of the
offense;
2. Correction of Reformation – as shown
by the rules which regulate the execution
of the penalties consisting in deprivation
of liberty;
3. Social Defense – shown by inflexible
severity to recidivists and habitual
delinquents.
Section 19(1) Article III of the 1987
constitution provides, “Excessive fines shall
not be imposed, nor cruel, degrading or inhuman
punishment inflicted.”
 • Penal laws shall have a retroactive
effect insofar as they favor the
Article person guilty of a felony, who is
not a habitual criminal, as this
22. term is defined in rule 5 of article
Retroactive 62 of this Code, although at the
time of the publication of such
effect of laws a final sentence has been
pronounced and the convict is
penal laws serving the same.
 The following shall not be considered as
penalties:
1. The arrest and temporary detention of
accused persons, as well as their detention by
Article 24. reason of insanity or imbecility, or illness
requiring their confinement in a hospital.
Measures of 2. The commitment of a minor to any of the
institutions mentioned in article 80 and for the
prevention or purposes specified therein.

safety which 3. Suspension from the employment or public

office during the trial or in order to institute
are not proceedings.
4. Fines and other corrective measures which, in
considered the exercise of their administrative disciplinary
powers, superior officials may impose upon their
penalties. subordinates.
5. Deprivation of rights and reparations which
the civil law may establish in penal form.
 PENALTIES
• Classification of • Classification of Principal Penalties:
A. Gravity – Principal penalties
Penalties: except fine are classified into capital
punishment, afflictive, correctional
1. Principal – those and light penalties. Fine is classified
expressly imposed by into afflictive, correctional and light
penalty;
the court in the B. Subject Matter—classified into
judgment of corporal punishment, deprivation of
freedom, pecuniary punishment (ex.
conviction Fine), restriction of freedom (ex.
Destierro) and deprivation of rights;
2. Accessory – is C. Divisibility
based on the i. Divisible – those that can be
divided into 3 periods;
imposition of ii. Indivisible – those that cannot be
principal penalty divided into 3 periods; e.g. reclusion
perpetua
 PENALTIES

• Death Penalty
- reimposed in RA No. 7659 which defined heinous crimes and prescribing the penalty of
death, RP to death, or RT to death, for the commission thereof;
• R.A. 9346 prohibits the imposition of death penalty and accordingly repeals RA No. 7659
and RA No. 8177 (Lethal Injection Law) and other laws insofar as they impose the death
penalty.
• Penalty is imposable if the accused is convicted. See Pp vs. Abellera (40 OG 17) where the
court held that censure being a penalty is not proper for acquittal.
• Special Criminal Law: If a special criminal law prescribes the penalty of reclusion perpetua for
an offense, the court must impose reclusion perpetua for the commission thereof and not life
imprisonment; if a special criminal law prescribes the penalty of life imprisonment, the
court must impose life imprisonment and not reclusion perpetua.
 LIFE
Life Imprisonment Reclusion Perpetua IMPRISONMENT
Penalty for violation of Penalty for violation of the VS. RECLUSION
special penal laws Revised Penal Code
PERPETUA
With no fixed duration With fixed duration of 20 years
and 1 day to 40 years
Without accessory With accessory penalties under
penalties Article 27
 HEINOUS CRIMES
• Grievous, odious and hateful
offenses which by reason of
their inherent or manifest
wickedness, viciousness,
atrocity and perversity, are
regarded as seriously
outrageous to the common
standards or norms of
decency and morality in a
just, civilized and orderly
society. (Whereas clause,
R.A. No. 7659)
• Pp vs. Bon (October 30,
2006): The amendatory effects
of R.A. No. 9346 extend only
to the application of the death
penalty but not to the
definition or classification of
crimes. True, the penalties for
heinous crimes have been
downgraded under the aegis of
the new law. Still, what remains
extant is the recognition by law
that such crimes, by their
abhorent nature, constitute a
special category by themselves.
Accordingly, R.A. No. 9346
does not serve as basis for the
reduction of civil indemnity
and other damages that adhere
to heinous crimes.
How are penalties in the RPC to be understood?

• Graduated according to severity;

• Divided into periods unless indivisible;
• Classified into principal or accessory penalties;
• Deemed imposed for consummated crimes against the principal
offenders;
• The maximum imposable for the particular crime to which they are
respectively prescribed;
• Understood to be a degree for purposes of lowering the penalty be
degrees under the ISLaw and in case of the presence of privileged
mitigating circumstances.
 Art. 26. FINE
Fine – pecuniary
punishment
imposed by a Light penalty Less than P200
lawful tribunal
upon a person Correctional Not less than
convicted of a penalty P200, not
crime. exceeding
(Esler vs. Ledesma, P6000
52 Phil 114)
Afflictive Exceeding
penalty P6000
Light penalty Arresto Menor 1 day to 30 days

Correctional Arresto Mayor 1 month and 1 day to

Duration
penalties 6 months

Prision Correcional 6 months and 1 day to

of
Penalties
(Suspension & 6 years
Destierro)

Afflictive Prision Mayor 6 years and 1 day to

penalties 12 years

Reclusion Temporal 12 years and 1 day to

20 years

Reclusion Perpetua 20 years and 1 day to

40 years
 If the offender shall be in prison, the
term of the duration of the temporary
penalties shall be computed from the day
on which the judgment of conviction
shall have become final.

If the offender be not in prison, the term

Article 28. of the duration of the penalty consisting
Computation of deprivation of liberty shall be
computed from the day that the offender
of penalties is placed at the disposal of the judicial
authorities for the enforcement of the
penalty. The duration of the other
penalties shall be computed only from
the day on which the defendant
commences to serve his sentence.
 • Read Articles 30 – 33
• Article 34. Civil interdiction. - Civil
interdiction shall deprive the offender
during the time of his sentence of the
rights of parental authority, or
Article 29. guardianship, either as to the person or
property of any ward, of marital
Period of authority, of the right to manage his
preventive property and of the right to dispose of
such property by any act or any
imprisonment conveyance inter vivos.
deducted from • CIVIL INTERDICTION – accessory
to death, reclusion perpetua, and reclusion
term of temporal.
imprisonment. Right to dispose property – only through
a:
1. person appointed as judicial guardian;
2. through conveyance mortis causa.
 • Bond to keep the peace –
imposed only in grave or light
Article threats; to cover such period
of time as the court may
35. determine (Art. 27);
Effects of • Failure to give the bond:
a. Grave or less grave felony –
bond to detention for not more than 6
keep the months;

peace b. Light felony – detention not

exceeding 30 days.
 Article 36. Pardon; its effect.
A pardon shall not work the
restoration of the right to
hold public office, or the
right of suffrage, 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.
• 2 kinds of pardon:
a. Private;
b. Executive.
• Executive clemency
- pardoning power of the
President;
- an act of forgiveness, thus,
relieves the person pardoned
from the penal consequences
of the crime but it does not
obliterate the crime itself;
- discretionary on the part of
the President;
- does not extinguish the civil
liability of the person
pardoned.
 Article
1. The reparation of the damage
38. caused;
Pecuniary 2. Indemnification of
consequential damages;
liabilities.
3. The fine;
- Order 4. The costs of the proceedings.
of
payment
 Pecuniary Penalties vs. Pecuniary
liabilities
• Pecuniary penalties • Pecuniary liabilities are
those which a convicted
are those which a offender is required to pay in
convicted offender money to the offended party
may be required to pay and to the government. They
in money to the are:
government. These a. Reparation of the damage
caused;
are: b. Indemnification of
a. Fine; and consequential damages;
c. Fine; and
b. Costs of the
d. Costs of the proceedings.
proceedings.
 • Requisites:
Article 39. a. offender was sentenced to suffer
penalty of fine, imprisonment penalty
Subsidiary and fine, or penalty with duration and
penalty – penalty fine;
that takes the b. offender was not sentenced to suffer
place of the fine imprisonment penalty or penalty with
for insolvent duration of more than six years;
convicts. It is c. the offender was expressly sentenced
in the judgment to suffer fine with
neither a subsidiary imprisonment in case of
principal nor insolvency;
accessory penalty d. offender failed to pay the penalty of
but a substitute fine;
penalty for fine e. the failure to pay the fine was due to
only. insolvency.
 Subsidiary Penalty

• (1) Fine – subsidiary imprisonment shall not exceed 6

months, if the accused shall have been prosecuted for a
grave or less grave felony, and shall not exceed 15 days,
if for a light felony.
• (2) Imprisonment penalty and fine – imprisonment
penalty of not more than 6 years, the subsidiary
imprisonment shall not exceed 1/3 of the time of the
imprisonment penalty or one year.
 Subsidiary penalty – NOT proper

• Principal penalty imposed is more than prision correcional (more

than 6 years);
• The principal penalty consists in other than prision sentence which is
not of fixed duration;
• Subsidiary penalty is not expressly stated in the sentence to take the
place of fine in case of insolvency;
• The sentence imposed does not include fine;
• If convict has the means to pay the fine.
• There is subsidiary imprisonment in case of failure to pay the fine in
BP 22 violations. (Diongzon vs. CA, December 1999)
 Principal Accessory penalty(ies)
Arresto menor Suspension (1) to hold
Arresto mayor office; (2) suffrage
Prision Suspension from (1) public
correcional office; (2) profession; (3)
calling

Read Exceeding
months
18 Perpetual special
disqualification from right of

Articles 40 Prision Mayor

suffrage
Perpetual special

to 45 disqualification from right of

suffrage
Temporary absolute
disqualification
Reclusion Perpetual absolute
Temporal disqualification
Reclusion Civil Interdiction
Perpetua
 • The penalty prescribed by law for
the commission of a felony shall
be imposed upon the principals in
Article the commission of such felony.
(Read also Arts. 50 -51)
46. Whenever the law prescribes a
Penalty to penalty for a felony in general
terms, it shall be understood as
be imposed applicable to the consummated
felony.
upon • STARTING POINT of the rule
for graduation of penalties by
principals degrees.
in general • Read Art. 47. – Death Penalty
See R.A. No. 9346
 Article 48. Complex crimes
When a single act • Component Crimes – the
constitutes two or crimes constituting complex
crime.
more grave or less
grave felonies, or when • 2a. kinds:
Compound Crime
an offense is a (Delito Compuesto) – two
necessary means for or more grave or less grave
committing the other, felonies resulting from a
the penalty for the single act
most serious crime b. Complex Crime Proper
(Delito Complejo) – two or
shall be imposed, the more offenses one of which
same to be applied in is the principal crime while
the rest are committed as a
its maximum period. necessary means to commit
the former
 COMPLEX CRIMES

• COMPOUND CRIME ‘Delito Compuesto’

REQUISITES:
1. single act produces two or more crimes – compound crime
is produced by a single act, hence, there should only be a
single penalty
2. the crimes produced are felonies punishable by the RPC;
3. the crimes produced are grave or less grave felonies;
 COMPLEX CRIMES

• COMPLEX CRIME PROPER (‘Delito Complejo’)

• REQUISITES:
1. crimes were committed as a necessary means for
committing the other;
2. the crimes resulted from different acts committed
under single criminal resolution;
3. crimes committed were punishable by the RPC.
 COMPLEX CRIMES

• Penalty for complex • -- In Lontok vs. Gregorio,

crime: that the SC held that where
imposable for the one of the resulting
offenses in criminal
most serious negligence constitutes a
component crime to light felony, there is no
be applied in the complex crime. Thus,
maximum period. there can be no complex
crime of Reckless
Imprudence resulting to
Slight Physical Injuries.
 Doctrine of Absorption

• applies when a crime is inherent in another crime.

• Example: Forcible abduction absorbs illegal detention;
• applies in rebellion – see Pp vs. Salazar, GR Nos. 6025-
26, July 18, 1956; Enrile vs. Salazar, GR No. 92163, June
5, 1990; RA No. 6968; Held: Murder, arson and robbery
are mere ingredients of the crime of rebellion, as means
“necessary” for the perpetration of the offense. Such
common offenses are absorbed or inherent in the crime
of rebellion.
 Doctrine of Common Element

• an element used to complete one crime cannot be legally

re-used to complete the requisites of a subsequent
crime.
• Estafa through falsification of private document
cannot exist. The use of damage as an element in
falsification precludes the re-use thereof to complete the
elements of estafa, and vice versa.
 CONTINUOUS (CONTINUED OR
CONTINUING) CRIME

• single crime consisting of a series of acts arising from a single criminal resolution or intent not susceptible
of division
• Applies to crimes penalized under special laws
• also called SINGLE LARCENY Doctrine
• CASES:
1. Pp vs. Tumlos (GR No. 46248, April 13, 1999)
2. Pp vs. Jaranilla (GR No. L-28547)
3. Santiago vs. Garchitorena (GR No. 109266, December 2, 1993)
• Not applied:
a. 2 estafa cases one of which was committed during the period from January 19 to December 1955 and
the others from January 1956 to July 1956 (Pp vs. Dichupa, 113 Phil) The said acts were committed on
different occasions;
b. 75 estafa cases committed by the conversion by the agent of collections from customers of the
employee made on different dates. (Gamboa vs. CA, 68 SCRA)
SPECIAL COMPLEX CRIME/OFFENSE

• SPECIAL COMPLEX CRIME

- also called COMPOSITE CRIME
- composed of 2 or more crimes for which the law fixes
specific penalty
• Special Complex Offense –special criminal law may
also fix a specific penalty for an offense defined by it
 Composite Complex crimes
crimes
The combination The combination is
of the offenses not specified but
Composite are fixed by law, generalized, that
e.g. robbery with is, grave and/or
Crimes vs. rape, robbery with less grave; or one

Complex homicide, etc. offense being the

necessary means
Crimes to commit the other

The penalty for The penalty is not

the specified specific but is for
combination of the most serious
crimes is also offense in the
specific maximum period
Transitory (Moving) Crime

• in criminal procedure, to determine

venue
• criminal action may be instituted
and tried in the court of the
municipality, city or province
wherein any of the essential
ingredients of the crime took place.
 Article 49.
Penalty to be Error in personae or
aberratio ictus
Praeter intentionem

imposed upon the Consequent victim is Wrongful consequence is

principals when different from that graver than that intended

intended due to mistake in

the crime identity or mistake in blow

committed is If the victim did not die,

the crime committed is
If the victim did not die, the
crime committed is physical
different from attempted or frustrated
homicide/murder
injuries as there is lack of intent
to kill
that intended Offender is not entitled to Offender is entitled to mitigating
mitigating circumstance circumstance of no intention
applicability of Article 49 EP – penalty under Article to commit so grave a wrong
is limited to unintended 49 as that committed
AI – penalty under Article
crime committed due to
48
ERROR IN
PERSONAE
 Question:

• Accused took a woman forcibly and thereafter raped her. How

should the offender be charged?
a. If the original intent is to rape, the taking is merely a means to
commit the intended offense in which case, the crime is rape, the
abduction being a necessary means to bring about the desired result.
b. If the intention is to take the woman against her will with lewd
designs, there is the complex crime of forcible abduction with
rape.
c. If the original intention is to kidnap the woman for ransom and
thereafter, rape is committed as an afterthought, the offense
committed is a special complex crime of kidnapping with rape.