COMPLEX CRIMES

- When a single act constitutes two or more crimes, or when an offense is a necessary means for
committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in
its maximum period

RAPE

MALVERSATION

- corrupt acts in a position of trust, especially in public office

EXAMPLE: "ineptitude and malversation were major factors in the trouncing of the group candidates"

MISAPPROPRIATION OF CORPORATE FUNDS

- Corporate officers and directors are not permitted to intentionally and illegally use corporate funds for
personal gain or any other unauthorized purpose

ESTAFA

- wrongful or criminal deception intended to result in financial or personal gain; fraud

EXAMPLE: "two people WHO HAS ACTS OF estafa were arrested"

FALSIFICATION OF PUBLIC DOCUMENTS

- necessary means to commit estafa

COMPOUND CRIME

- When a single act constitutes 2 or more grave or less grave felonies

7:38 PM 1/13/2023
INDETERMINATE SENTENCE LAW

- indeterminate sentence, in law, term of imprisonment with no definite duration within a prescribed
maximum

Eligibility for parole is determined by the parole authority

Under the Indeterminate Sentence Law, in imposing a sentence, the court must determine two penalties
composed of the "maximum" and "minimum" terms, instead of imposing a single fixed penalty

PWEDE SYA MAKALAYA AGAD, AFTER SERVING THE MINIMUM SENTENCE

PRESCRIBED PENALTY = PENALTY DEFINED BY LAW

IMPOSED PENALTY = SENTENCED BY THE JUDGE

MAXIMUM AND MINIMUM TERM OF INDETERMINATE SENTENCE

==================================================

1 - The Maximum Term – is that which could be properly imposed under the RPC, considering the
aggravating and mitigating circumstances

2 - The Minimum Term – is within the range of the penalty one degree lower than that prescribed by the
RPC, without considering the circumstances

HOMICIDE PENALTY

penalty is reclusion temporal with a duration of 12 years and 1 day to 20 years

BACAR V. DE GUZMAN = support indeterminate sentence law

Bacar vs De Guzman : RTJ-96-1349 : April 18, 1997 : J. Padilla : First Division

RA 9165 COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years

14 YEARS

RA 9364

RA 9372
AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM

GROUNDS TO EXTINGUSH CRIMINAL LIABILITY

1 – DEATH

2 - AMNESTY

3 - PRESCRIPTION OF THE CRIME

4 - PARDON

5 - OFFENDER MARRIES THE VICTIM, IN CASE OF RAPE

TOTAL EXTINCTION

PARTIAL EXTINCTION

Criminal liability is totally extinguished:

1. By the 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

Kinds of Partial Extinguishment: 

1 - By Conditional Pardon
2 - By Commutation of sentence
3 - For good conduct, allowances which the culprit may earn while he is serving sentence

Pecuniary penalties - Fines and costs

= can be charged by the heirs
= charged against the estate

Art. 38. Pecuniary liabilities; Order of payment — 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:

1. The reparation of the damage caused

2. Indemnification of consequential damages

3. The fine

4. The cost of the proceedings

Two kinds of extinguishment of criminal liability:

A. TOTAL EXTINGUISHMENT
1 By prescription of crime

2 By prescription of penalty

3 By the death of the convict

4 By Service of sentence

5 By Amnesty

6 By Absolute Pardon

7 By the marriage of the offended woman and the offender in the crimes of rape, abduction, seduction
and acts of lasciviousness. (Art. 344)

B. PARTIAL EXTINGUISHMENT

1 By Conditional Pardon

2 By Commutation of sentence

3 For good conduct, allowances which the culprit may earn while he is serving sentence

4 By Parole

5 By Probation

Act No. 3763

Full Title
 
AN ACT TO AMEND SECTION ONE OF ACT NUMBERED THIRTY-THREE HUNDRED
AND TWENTY-SIX, ENTITLED "AN ACT TO ESTABLISH PERIODS OF PRESCRIPTION
FOR VIOLATIONS PENALIZED BY SPECIAL ACTS AND MUNICIPAL ORDINANCES
AND TO PROVIDE WHEN PRESCRIPTION SHALL BEGIN TO RUN," AS AMENDED BY
ACT NUMBERED THIRTY-FIVE HUNDRED AND EIGHTY-FIVE , FIXING TWO
MONTHS AS THE TERM FOR THE PRESCRIPTION OF VIOLATIONS OF THE
REGULATIONS AND CONDITIONS OF PUBLIC CONVENIENCE OF THE PUBLIC
SERVICE COMMISSION
AMENDING ACT NO 3326

ACT NO 3326
ACT NO 3326 - AN ACT TO ESTABLISH PERIODS OF PRESCRIPTION FOR VIOLATIONS
PENALIZED BY SPECIAL ACTS AND MUNICIPAL ORDINANCES AND TO PROVIDE WHEN
PRESCRIPTION SHALL BEGIN TO RUN

Computation of Prescription of Offenses (Art. 91)

Commits any crime before the expiration of the period of prescription

 PERSON CIVILLY LIABLE FOR FELONIES

Article 100. Civil liability of a person guilty of felony. - Every person criminally liable for a felony is
also civilly liable.

Sources of obligation
 Contracts
 Obligations arise from the stipulation of the parties; it has the force of law and should be
complied with in good faith
 Quasi-Contracts
 Acts or Omissions Punishable by Law
 Quasi-Delicts
Vicarious liability is found under Art 2180 and 2176 of the Civil Code, which provides: Article
2180. The obligation imposed by article 2176 is demandable not only for one's own acts or
omissions but also for those of persons for whom one is responsible

Article 102. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of

establishments. - In default of the persons criminally liable, innkeepers, tavernkeepers, and any
other persons or corporations shall be civilly liable for crimes committed in their establishments, in all
cases where a violation of municipal ordinances or some general or special police regulation shall
have been committed by them or their employee

Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft within
their houses from guests lodging therein, or for the payment of the value thereof, provided that such
guests shall have notified in advance the innkeeper himself, or the person representing him, of the
deposit of such goods within the inn; and shall furthermore have followed the directions which such
innkeeper or his representative may have given them with respect to the care and vigilance over
such goods. No liability shall attach in case of robbery with violence against or intimidation of
persons unless committed by the innkeeper's employees.

Article 103. Subsidiary civil liability of other persons. - The subsidiary liability established in the next
preceding article shall also apply to employers, teachers, persons, and corporations engaged in any
kind of industry for felonies committed by their servants, pupils, workmen, apprentices, or employees
in the discharge of their duties
Article 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

Article 105. Restitution; How made. - 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 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.

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.

Article 106. Reparation; How made. - 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.

Article 107. Indemnification; What is included. - 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.

Article 108. Obligation to make restoration, reparation for damages, or indemnification for

consequential damages and actions to demand the same; Upon whom it devolves. - The obligation
to make restoration or reparation for damages and indemnification for consequential damages
devolves upon the heirs of the person liable

By the 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

Civil liability is extinguished in the same manner as obligations

1 payment or performance
2 loss of the thing due
3 remission
4 confusion
5 merger
6 compensation
7 novation