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5. FULFILLMENT OF DUTY OR LAWFUL 3. Means used by subordinate to carry out said

EXERCISE OF RIGHT OR OFFICE (PAR. 5) order is Lawful.

Elements:
1. Accused acted in the performance of duty or
in the lawful exercise of a right or office; and
2. Injury caused or offense committed is the
necessary consequence of the due
performance of the duty, or the lawful
exercise of such right or office.
Notes:
a. The accused must prove that he was duly
appointed to the position claimed he was
discharging at the time of the commission of
the offense.
b. The deceased was under the obligation to
surrender, and had no right, after evading
service of his sentence, to commit assault
and disobedience with a weapon in his hand,
which compelled the policeman to resort to
such extreme means, which, although it
proved to be fatal, was justified by the
circumstances. (People v. Delima, G.R. No.
L-18660, 1922)
Notes:
a. The superior officer giving the order cannot
invoke this justifying circumstance.
b. Good faith is material, as the subordinate is
not liable for carrying out an illegal order if
he is not aware of its illegality and he is not
negligent.
General rule: Subordinate cannot invoke this
circumstance when order is patently illegal.
Exception: When there is compulsion of an
irresistible force, or under impulse of
uncontrollable fear.
b. Exempting Circumstances
General Concepts
EXEMPTING CIRCUMSTANCES (non-
imputability) are those grounds for exemption
from punishment due to absence of any
conditions in the agent of the crime which makes
the act voluntary or negligent.

Technically, one who acts by virtue of any

It is not necessary that there be unlawful
exempting circumstance commits a crime,
aggression against the person charged with the
although by the complete absence of any of the
protection of the property. If there is unlawful
conditions which constitute free will or
aggression against the person charged with the
voluntariness of the act, no criminal liability arise.
protection of the property, then paragraph 1 of Art.
(Guevara)
11 applies, it being a defense of right to property.
There is, therefore, a crime, but no criminal.
Doctrine of Self-Help
The owner or lawful possessor of a thing has the
Basis: There is complete absence of
right to exclude any person from the enjoyment
voluntariness (i.e., intelligence, freedom of action,
and disposal thereof. For this purpose, he may
or intent), or absence of negligence on the part of
use such force as may be reasonably necessary
the accused.
to repel or prevent an actual or threatened
unlawful physical invasion or usurpation of his
The burden of proof to prove the existence of
property.
an exempting circumstance lies within the
defense.
6. OBEDIENCE TO AN ORDER ISSUED FOR
SOME LAWFUL PURPOSE (PAR. 6)

Elements: (OLL)
1. An Order has been issued by a superior;
2. The order has a Lawful purpose and not
patently illegal; and

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Justifying Circumstances v. Exempting least discernment or with total deprivation of free

Circumstances will. This does not include mere abnormality of the
JUSTIFYING EXEMPTING mental faculties. The insane is not so exempt if it
WHO/WHAT can be shown that he acted during a lucid interval.
IS Act Actor It is necessary that there be a complete
AFFECTED deprivation of intelligence while committing the
Act is Act is wrongful act, that is, that the accused be deprived of
NATURE
considered but actor is not reason; that he acts without the least
OF ACT
legal liable discernment; or that there be a total deprivation
Yes, but since of freedom of the will. (People v. Formigones,
EXISTENCE
voluntariness is G.R. No. L-3246, 1950)
OF A None
absent the actor
CRIME
is not liable The defense must prove that the accused was
No crime, no There is a crime, insane at the time of the commission of the crime,
criminal, no no criminal, no because the presumption is always in favor of
criminal criminal liability. sanity.
liability.
There is civil Note: In a parricide case, People vs. Lacena, 69
No civil liability liability EXCEPT Phil. 250, the Supreme Court held that the
EXCEPT civil as to Art. 12(4) accused suffered from malignant malaria, a
liability in Art. [injury by mere disease that causes disturbance in the nervous
11(4): Under accident] and system, causing, among other complications,
Art. 101, the (7) [lawful acute mania, melancholy and exceptional
persons for cause] insanity, sometimes. Thus, the accused did not
LIABILITY
whose benefit incur criminal responsibility, since the
the harm has circumstances in which the appellant murdered
been her husband reveal that she carried out such act
prevented at a time when she suffered from insanity as a
shall be civilly result of her illness.
liable in
proportion to Note: "Where it is shown that defendant had lucid
the benefit intervals, it will be presumed that offense was
which they committed in one of them.”
may have
received. Basis: Complete absence of intelligence, an
element of voluntariness.
1. IMBECILITY OR INSANITY (PAR. 1)
TIME WHEN EFFECT ON
IMBECILITY exists when a person, while of ACCUSED CRIMINAL LIABILITY
advanced age, has a mental development SUFFERS
comparable to that of children between 2 and 7 INSANITY
years old. An imbecile is one who is deprived At the time of the Exempt from criminal
completely of reason or discernment and freedom commission of the liability
of the will at the time of committing the crime. He felony
is exempt in all cases from criminal liability. Accused is criminally
liable, but trial will be
During trial
INSANITY exists when there is complete suspended until the
deprivation of intelligence or reason or without the mental capacity of the

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accused be restored to i. Committing a crime while in a dream (People

afford him a fair trial;
and accused is
committed to a hospital.
Execution of judgment
is suspended, and the
accused is committed to
After judgment of a hospital. The period of
while serving confinement in the
sentence hospital is counted for
the purpose of the
prescription of the
penalty.
The evidence of insanity must refer to the time
preceding the act under the prosecution or to the
very moment of its execution.
Tests of Insanity:
1. Cognition: complete deprivation of
intelligence in committing the crime; and
2. Volition: total deprivation of freedom of will.
v. Taneo, G.R. No. L-37673, 1933);
j. Somnambulism or sleepwalking (People v.
Gimena, G.R. No. L-33877, 1931); and
k. Committing a crime while suffering from
malignant malaria. (People v. Lacena, G.R.
No. L-46961, 1940)
2. MINORITY (PAR. 2 AND 3)
Basis: Complete absence of intelligence
Burden of Proof: Any person alleging the age of
the child in conflict with the law has the burden of
proving the age of the child.
If age is contested PRIOR to the filing of the
information in court, a case for determination of
age under summary proceeding may be filed
before the Family Court which shall render its
decision within 24 hours from receipt of
pleadings.

Scope of the term “Insanity”:
a. Dementia praecox: irresistible homicidal
impulse;
b. Schizophrenia: chronic mental disorder
characterized by inability to distinguish
between fantasy and reality and often
accompanied by hallucinations and
delusions;
c. Kleptomania only if it produces an irresistible
impulse to steal as when the accused has
been deprived of his will which would enable
him to prevent himself from doing this act;
Note: If it only diminishes the exercise of
his will-power, it is not an exempting
circumstance but a mitigating
circumstance.
d. Epilepsy: chronic nervous disease
characterized by fits, occurring at intervals,
attended by conclusive motions of the
muscles and loss of consciousness;
e. Feeblemindedness: not exempting;
f. Pedophilia: not insanity;
g. Amnesia: not proof of mental condition of the
accused;
h. Other causes of lack of intelligence;
PAR 2: A person under nine years of age
(Modified by Section 6 of RA 9344 to FIFTEEN
YEARS OF AGE AND BELOW)
PAR 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 Article 80 of this Code.
a. Section 6 of RA 9344 modified this to: a
person OVER 15 ABOVE and UNDER 18
unless he has acted with discernment.
b. Allegation of “with intent to kill” in the
information is sufficient allegation of
discernment.
c. Section 38 of RA 9344: Automatic
Suspension of Sentence. - Once the child
who is under eighteen (18) years of age at the
time of the commission of the offense is found
guilty of the offense charged, the court shall
determine and ascertain any civil liability
which may have resulted from the offense
committed. However, instead of
pronouncing the judgment of conviction,
the court shall place the child in conflict

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with the law under suspended sentence, e. Sniffing of rugby under Presidential Decree
without need of application: Provided, No. 1619, such prosecution being
however, That suspension of sentence shall inconsistent with the United Nations
still be applied even if the juvenile is already Convention on the Rights of the Child:
eighteen years (18) of age or more at the time Provided, that said persons shall undergo
of the pronouncement of his/her guilt. appropriate counseling and treatment
d. Upon suspension of sentence and after program.
considering the various circumstances of the
child, the court shall impose the appropriate Diversion v. Intervention
disposition measures as provided in the DIVERSION INTERVENTION
Supreme Court Rule on Juveniles in Conflict An alternative, child- A series of activities
with the Law. (RA 9344, Sec. 38). appropriate process which are designed
of determining the to address issues that
PERIODS OF CRIMINAL responsibility and caused the child to
RESPONSIBILITY treatment of a child in commit an offense. It
AGE OF 15 and below conflict with the law may take the form of
ABSOLUTE on the basis of his/her an individualized
IRRESPONSIBILIT social, cultural, treatment program
Y economic, which may include
AGE OF Between 15-18 psychological or counseling, skills
CONDITIONAL educational training, education,
RESPONSIBILITY background without and other activities
18 or over resorting to formal that will enhance
AGE OF FULL court proceedings. his/her psychological,
(adolescence) to 70
RESPONSIBILITY (Section 4 (i), R.A. emotional and
(maturity)
15 or over but less 9344) psycho-social well-
AGE OF than 18, offender bein. (Section 4 (l),
MITIGATED acting with R.A. 9344)
RESPONSIBILITY discernment; over A CICL is required to A child fifteen (15)
70 years of age undergo a Diversion years of age or under
Program, after he/she at the time of the
EXEMPTING PROVISIONS UNDER RA 9344 is found responsible commission of the
(JUVENILE JUSTICE AND WELFARE ACT OF for an offense without offense is exempt
2006): resorting to formal from criminal liability,
a. SEC. 57. Status Offenses. - Any conduct not court proceedings. but shall be subjected
considered an offense or not penalized if (Section 4 (j), supra) to an intervention
committed by an adult shall not be program. (Section 6,
considered an offense and shall not be supra)
punished if committed by a child.
b. SEC. 58. Offenses Not Applicable to PLEASE SEE SPL REVIEWER FOR A MORE
Children: Persons below eighteen (18) DETAILED DISCUSSION ON DIVERSION V.
years of age shall be exempt from INTERVENTION PROGRAMS p. 347
prosecution for:
c. The crime of vagrancy and prostitution under 3. ACCIDENT WITHOUT FAULT OR
Section 202 of the Revised Penal Code, INTENTION OF CAUSING IT (PAR. 4)
d. Mendicancy under Presidential Decree No.
1563, ACCIDENT is an occurrence that happens
outside the sway of our will, and although it

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comes about through some act of our will, it lies Basis: Complete absence of freedom.
beyond the bounds of humanity foreseeable
consequences. The force must be so irresistible as to reduce the
actor to a mere instrument who acts not only
Elements: without will but against his will. The compulsion
1. A person is performing a lawful act; must be of such a character as to leave no
2. With due care; opportunity to the accused for escape or self-
3. He causes an injury to another by mere defense in equal combat. (People v. Loreno, G.R.
accident; and No. L-54414, 1984)
4. Without fault or intention of causing it.
5. UNCONTROLLABLE FEAR (PAR. 6)
Accident v. Negligence
ACCIDENT NEGLIGENCE UNCONTROLLABLE FEAR means that the
An event which under Failure to observe offender employs intimidation or threat in
the circumstance is that degree of care, compelling another to commit a crime. The
unusual or precaution and compulsion is by means of intimidation or threat,
unexpected by the vigilance which the not force or violence.
person to whom it circumstances justly
happens. demand without Elements:
which such other 1. The threat which causes the fear is of an evil
person suffers injury. greater than, or at least equal to, that which
he is required to commit; and
Basis: Lack of negligence and intent. Under this 2. It promises an evil of such gravity and
circumstance, a person does not commit either imminence that an ordinary man would have
an intentional felony or a culpable felony. succumbed to it.

When claim of accident not appreciated: Requisites:

a. Repeated blows; and 1. Existence of an uncontrollable fear;
b. Threatening words preceding it and still 2. The fear must be real and imminent; and
aiming the gun at the prostate body of the 3. The fear of an injury is greater than or at least
victim. equal to that committed.

4. IRRESISTIBLE FORCE (PAR. 5) Basis: Complete absence of freedom, an

IRRESISTIBLE FORCE means that the offender
uses violence or physical force to compel another
person to commit a crime.
Elements: (PIT)
1. The compulsion is by means of Physical
force;
2. The physical force must be Irresistible; and
3. The physical force must come from a Third
person.
element of voluntariness. An act done by me
against my will is not my act.
Duress to be a valid defense should be based on
real, imminent or reasonable fear for one’s life or
limb. It should not be inspired by speculative,
fanciful or remote fear. A threat of future injury is
not enough.
The accused must not have opportunity for
escape or self-defense.

Passion and obfuscation cannot amount to

irresistible force.

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Irresistible Force v. Uncontrollable Fear Ordinary v. Privileged Mitigating

IRRESISTIBLE UNCONTROLLABLE Circumstances
FORCE FEAR ORDINARY PRIVILEGED
Violence or The offender employs Those enumerated in Par. 1 of Article 13,
physical force to intimidation or threat in pars. 1-10 of Article Articles 64, 68, 69;
compel another compelling another to 13;
person to commit a commit a crime. Pars. 1 and 2 are Article 64 applies only
crime. privileged mitigating when there are two or
under Article 68 as more ordinary
6. PREVENTED BY AN INSUPERABLE amended by R.A. No. mitigating
CAUSE (PAR. 7) 9344 and Article 69; circumstances
without any generic
INSUPERABLE CAUSE is some motive, which aggravating
has lawfully, morally or physically prevented a circumstances;
person to do what the law commands. Susceptible of being Cannot be offset by
offset by any aggravating
Elements: (RFL) aggravating circumstances; and
1. An act is Required by law to be done; circumstance; and
2. A person Fails to perform such act; and If not offset by an Produces the effect of
3. His failure to perform such act was due to aggravating imposing upon the
some Lawful or insuperable cause. circumstance, offender the penalty
produces only the lower by one or two
Basis: Accused acts without intent, the third effect of applying the degrees than that
condition of voluntariness in intentional felony. penalty provided by provided by law for
law for the crime in its the crime.
Examples: minimum period, in
a. A priest cannot be compelled to reveal what case of divisible
was confessed to him. penalty.
b. An officer is not liable for arbitrary detention
for failure to deliver a prisoner to a judicial
1. INCOMPLETE JUSTIFYING OR
authority when there was no available
EXEMPTING CIRCUMSTANCES (par. 1)
transportation.

c. Mitigating Circumstances Circumstances of Justification or Exemption

which may give Place to Mitigation:
General Concepts 1. Self-defense;
MITIGATING CIRCUMSTANCES are those 2. Defense of Relatives;
which, if present in the commission of the crime, 3. Defense of Strangers;
do not entirely free the actor from criminal liability, 4. State of Necessity;
but serve only to REDUCE the penalty. 5. Performance of Duty;
6. Obedience to Order of Superior;
Basis: Diminution of either freedom of action, 7. Minority: 15 and over until 18 years of age;
intelligence, or intent, or on the lesser perversity 8. Causing injury by mere Accident; and
of the offender. 9. Uncontrollable Fear.

A mitigating circumstance arising from a single Exceptions: Article 12, pars. 1 and 2 cannot give
fact absorbs all the other mitigating place to mitigation, because the mental condition
circumstances arising from that same fact. of a person is indivisible; there is no middle
ground between sanity and insanity, between

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presence and absence of intelligence. (Decs. of LEGAL EFFECTS OF VARIOUS AGES OF

Sup. Ct. of Spain of December 19, 1901 and of THE OFFENDER
October 3, 1884). 15 and below Exempted from penal
responsibility
This mitigating circumstance applies when not all Without discernment:
the requisites are present. If majority of the exempting
requisites are present, it is a privileged mitigating circumstance
circumstance. Above 15
but under 18 With discernment:
Notes: penalty is reduced by
a. Incomplete self-defense, defense of one (1) degree lower
relatives, and defense of stranger: unlawful than that imposed
aggression must be present. Minor delinquent Sentence suspended
• When 2 of the requisites mentioned are under 18 years of
present, it should be considered as a age who acted
privileged mitigating circumstance WITH discernment
referred to in Art. 69.
Over 18 years and Full criminal
b. Incomplete justifying circumstance of
below 70 responsibility
avoidance of greater evil or injury: if any of
Mitigating, no
the last 2 requisites is absent, there is only a
imposition of death of
mitigating circumstance.
death penalty, if
c. Incomplete justifying circumstance of
70 years or over already imposed,
performance of duty: there is no ordinary
execution of death
mitigating circumstance under Art. 13, par. 1,
penalty is suspended
when the justifying or exempting
and commuted.
circumstance has 2 requisites only.
d. Incomplete exempting circumstances of
3. NO INTENTION TO COMMIT SO GRAVE A
accident
WRONG (par. 3)
• If the requisites of (1) due care, and (2)
without fault are absent, the case will fall
Rule for the application: This circumstance can
under Article 365.
be taken into account only when the facts proven
show that there is a notable and evident
2. OVER 15 AND UNDER 18, IF THERE IS
disproportion between the means employed to
DISCERNMENT OR OVER 70 YEARS OLD
execute the criminal act and its consequences.
(par. 2)
(United States v. Reyes, 36 Phil. 904, 907)
a. Original provision which provides that
Factors that can be considered are:
offender under 18 is entitled to a mitigating
1. Weapon used;
circumstance of minority is deemed repealed
2. Injury inflicted;
by RA 9344.
3. Part of the body injured; and
b. Age of accused is determined by his age at
4. Mindset of offender at the time of commission
the date of commission of crime, not date of
of crime.
trial.
c. That the offender is over 70 years of age is
Notes:
only a generic mitigating circumstance.
a. Intent, being in an internal state, must be
judged by external acts.
Basis: Diminution of intelligence, a condition of
b. Not applicable when the offender
voluntariness.
employed brute force.

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c. It is the intention of the offender at the
moment when he is committing the crime
which is considered.
d. Appreciated in murder qualified by
circumstances based on manner of
commission, not on the state of mind of the
accused.
e. Not appreciated in murder qualified by
treachery.
f. Not applicable to felonies by negligence.
g. Not applicable to felonies where intention is
immaterial.
h. Applicable only to offenses resulting in
physical injuries or material harm.
i. In crimes against persons who do not die as
a result of the assault, the absence of the
intent to kill reduces the felony to mere
physical injuries, but it does not constitute a
mitigating circumstance under Art. 13, par. 3.
(People v. Galacgac, C.A., 54 O.G. 1207)
j. Recognizing the malum prohibitum
characteristic of hazing, the law provides that
any person charged with the said crime shall
not be entitled to the mitigating circumstance
that there was no intention to commit so
grave a wrong. (People v. Tolentino, G.R. No.
208686, 2015)
Basis: Intent, an element of voluntariness in
intentional felony, is diminished.
4. PROVOCATION OR THREAT (par. 4)
PROVOCATION is any unjust or improper
conduct or act of the offended party, capable of
exciting, inciting or irritating anyone.
Requisites:
1. Provocation must be sufficient;
a. Sufficient means adequate to excite a
person to commit the wrong and must
accordingly be proportionate to its gravity;
b. Depends on:
i. The act constituting the
provocation;
ii. Social standing of the person
provoked; and
iii. Place and the time when the
provocation is made;
CRIMINAL LAW
2. It must originate from the offended party;
and
3. It must be immediate to the commission of
the crime by the person who is provoked
a. Threat must immediately precede the act.
Sufficient Provocation
AS A REQUISITE AS A MITIGATING
OF INCOMPLETE CIRCUMSTANCE
SELF DEFENSE
It pertains to its It pertains to its
absence on the part presence on the part
of the person of the offended
defending himself. party.
THREAT should not be offensive and positively
strong. Otherwise, it would be an unlawful
aggression, which may give rise to self-defense
and thus no longer a mitigating circumstance.
Basis: Diminution of intelligence and intent.
5. VINDICATION OF GRAVE OFFENSE (PAR.
5)
Requisites:
1. A grave offense done to the one committing
the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted
brothers or sisters or relatives by affinity
within the same degree; and
2. Felony is committed in immediate
vindication of such grave offense.
Notes:
a. “Immediate” allows for a lapse of time, as
long as the offender is still suffering from the
mental agony brought about by the offense
to him.
b. “Grave offense” includes any act that is
offensive to the offender or his relatives and
the same need not be unlawful.
c. The grave offense must be the proximate
cause or proximate to the act of the offender.
d. Vindication is incompatible with passion or
obfuscation.
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e. The provocation should be proportionate to 2. The impulse must be so powerful that it

the damage caused by the act and adequate naturally produced passion or obfuscation
to stir one to its commission. in him.
f. Court must consider the following to
determine the gravity of the offense in Rule for the application of this paragraph:
vindication: Passion or obfuscation may constitute a
g. Social standing of the person; mitigating circumstance only when the same
h. Place; and arose from lawful sentiments.
i. Time when the insult was made.
MITIGATING NOT MITIGATING
Compare Provocation v. Vindication Accused acted upon Act is committed in a
PROVOCATION VINDICATION impulse; spirit of lawlessness;
Made directly only to The grave offense and
the person may be committed Act is committed in a
committing the felony; also against the spirit of revenge.
offender’s relatives
mentioned by the law; Further Requisites:
That cause that The offended party a. There be an act, both unlawful and sufficient
brought about the must have done a to produce such a condition of mind; and
provocation need not grave offense; b. Said act which produced the obfuscation was
be a grave offense; not far removed from the commission of the
It is necessary that The vindication of the crime by a considerable length of time, during
the provocation or grave offense may be which the perpetrator might recover his
threat immediately proximate, which normal equanimity.
preceded the act; admits of an interval
there is no interval of of time between the Notes:
time between the grave offense done a. Exercise of a right or fulfillment of duty is not
provocation and the by the offended party proper source of passion or obfuscation.
commission of the and the commission b. The act must be sufficient to produce such a
crime; and of the crime by the condition of mind.
accused; and c. The defense must prove that the act which
It is mere spite Concerns the honor produced the passion or obfuscation took
against the one giving of a person, an place at a time not far removed from the
the provocation or offense which is more commission of the crime.
threat. worthy of d. The crime committed must be the result of a
consideration than sudden impulse of natural and uncontrollable
mere spite against fury.
the one giving the e. The cause producing passion or obfuscation
provocation. must come from the offended party.
Basis: Diminution of the conditions of f. It may lawfully arise from causes existing only
voluntariness. in the honest belief of the offender.
g. It is compatible with lack of intention to
6. PASSION OR OBFUSCATION (par. 6) commite so grave a wrong.
h. Passion or obfuscation does not arise if act is
Requisites: actuated by spirit of lawlessness, jealousy,
1. The accused acted upon an impulse; and and revenge.
i. Incompatible with:
• Vindication of grave offense

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• Treachery Note: If a person kills another after the latter

• Evident Premeditation accused him of having an incestuous relationship
with his mother, the former is only guilty of
Compare Passion/Obfuscation v. homicide. He is entitled to the mitigating
Provocation circumstance of passion and obfuscation. The
PASSION/ PROVOCATION victim’s previous insults would be sufficient
OBFUSCATION provocation for the accused to stab him. (People
Comes from the Comes from the injured v. Oloverio, G.R. No. 211159, J. LEONEN, March
offender and party; 18, 2015)
produced by an
impulse which may 7. SURRENDER AND CONFESSION OF
be caused by GUILT (par.7)
provocation;
The offense which Must immediately Two Mitigating Circumstances:
engenders precede the a. Voluntary surrender to a person in authority
perturbation of mind commission of the or his agents; and
need not be crime; b. Voluntary confession of guilt before the
immediate; it is only court prior to the presentation of evidence for
required that the the prosecution.
influence thereof lasts
until the moment the Note: When both are present, they should have
crime is committed; the effect of mitigating as two independent
circumstances. (People v. Fontabla G. R. No. L-
In both, the effect is loss of reason and self-
43126, 1935)
control on the part of the offender; and
Requisites for Voluntary Surrender:
If obfuscation and provocation arose from one
1. The offender had not been actually
and the same act, both shall be treated as only
arrested;
one mitigating circumstance.
2. The offender surrenders himself to a person
in authority or to the latter’s agent;
Compare Passion/Obfuscation v. Irresistible
a. PERSON IN AUTHORITY is one directly
Force
vested with jurisdiction, i.e., a public
PASSION/ IRRESISTIBLE officer who has the power to govern and
OBFUSCATION FORCE execute the laws whether as an individual
A mitigating An exempting or as a member of some court or
circumstance; circumstance; governmental corporation, board or
No physical force, Requires physical commission;
hence, cannot give force a lot; b. AGENT OF A PERSON IN AUTHORITY
rise to an irresistible is a person, who, by direct provision of
force; the law, or by election or by appointment
Passion or Irresistible force must by competent authority, is charged with
obfuscation is in the come from a third the maintenance of public order and
offender himself; and person; and the protection and security of life and
Must arise from Unlawful. property and any person who comes to
lawful sentiments. the aid of persons in authority; and
3. The surrender was voluntary.
Basis: The offender who acts with passion or a. It must be spontaneous in such a
obfuscation suffers a diminution of his intelligence manner that it shows the interest of the
and intent. accused to surrender unconditionally to
the authorities, either because he

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acknowledges his guilt or because he
wishes to save them the trouble and
expenses necessarily incurred in his
search and capture.
Notes:
a. It is not mitigating when defendant was in fact
arrested.
b. When the warrant of arrest had not been
served or not returned unserved because the
accused cannot be located, the surrender is
mitigating.
c. The law does not require that the surrender
be prior to the order of arrest.
d. Surrender of weapons cannot be equated
with voluntary surrender.
e. Voluntary surrender does not simply mean
non-flight. It is not required that accused did
not escape or went into hiding.
f. The surrender must be by reason of the
commission of the crime for which defendant
is prosecuted.
g. Intention to surrender, without actually
surrendering, is not mitigating.
h. There is spontaneity even if the surrender is
induced by fear of retaliation by the victim’s
relatives.
i. When the offender imposed a condition or
acted with external stimulus, his surrender is
not voluntary.
Requisites for Voluntary Plea of Guilty:
1. The offender spontaneously confessed his
guilt;
2. The confession of guilt was made in open
court, that is, before the competent court that
is to try the case; and
3. The confession of guilt was made prior to
the presentation of evidence for the
prosecution.
Notes:
a. Plea must be made before trial begins and
at the first instance or original state, not
during a trial de novo or when on appeal.
b. Plea made after arraignment and after trial
has begun does not entitle accused to the
mitigating circumstance.
CRIMINAL LAW
c. If accused pleaded not guilty, even if during
arraignment, he is entitled to mitigating
circumstance as long as he withdraws his
plea of not guilty to the charge before the
fiscal could present his evidence.
d. The change of plea should be made at the
first opportunity.
e. A conditional plea of guilty is not a mitigating
circumstance.
f. Plea to a lesser charge is not a mitigating
circumstance because the plea of guilt was
not to the offense charged.
g. Plea to the offense charged in the amended
information, lesser than that charged in the
original information is a mitigating
circumstance.
h. Where the accused pleads guilty to a capital
offense, that court shall conduct a searching
inquiry into the voluntariness and full
comprehension of the consequences of his
plea and shall require the prosecution to
prove his guilt and the precise degree of
culpability.
i. Plea of guilty is not mitigating in culpable
felonies and in crimes punishable by special
laws.
Basis: Lesser perversity of the offender.
8. PHYSICAL DEFECT OF OFFENDER (par.
8)
Notes:
a. This is applicable when the offender is deaf
and dumb, blind, or otherwise suffering from
some physical defect, restricting his means
of action, defense or communication with
others.
b. Physical defect must restrict means of action,
defense, or communication with fellow
beings.
c. The physical defect must relate to the offense
committed.
d. This paragraph does not distinguish between
educated and uneducated deaf-mute or blind
persons.
Basis: Incomplete freedom of action, an element
of voluntariness, due to physical defect, which
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restricts one’s means of action, defense, or from his private relations with the offended party,
communication with one’s fellow beings. or (3) from any other personal cause, shall only
serve to mitigate the liability of the principals,
9. ILLNESS OF THE OFFENDER (par.9) accomplices, and accessories as to whom such
circumstances are attendant. (Art. 62, par. 3)
REQUISITES:
1. The illness of the offender must diminish CIRCUMSTANCES WHICH ARE NEITHER
the exercise of his will-power; and EXEMPTING NOR MITIGATING:
2. Such illness should not deprive the 1. Mistake in the blow or aberration ictus;
offender of consciousness of his acts. 2. Mistake in the identity;
3. Entrapment;
EXAMPLES: 4. Accused is over 18 years of age; and
a. Mild behavior disorder (illness of nerves or 5. Performance of righteous action.
moral faculty);
b. Acute neurosis making a person ill- d. Aggravating Circumstances
tempered and easily angered;
General Concepts
c. Feeblemindedness (may be considered
AGGRAVATING CIRCUMSTANCES are those
under par. 8);
which, if attendant in the commission of the crime,
d. One with obsession that witches are to be
serve to increase the penalty imposed in its
eliminated akin to one with morbid infirmity
maximum period provided by law for the offense.
but still retaining unconsciousness; and
e. Schizo-affective disorder or psychosis.
Basis: The greater perversity of the offender
manifested in the commission of the felony as
Basis: Diminution of intelligence and intent.
shown by:
a. The motivating power itself;
10. SIMILAR OR ANALOGOUS
b. The place of the commission;
CIRCUMSTANCES (par. 10)
c. The means and ways employed;
d. The time; or
EXAMPLES:
e. The personal circumstances of the offender, or
a. Outraged feeling of owner of animal taken
the offended party.
for ransom analogous to vindication of a
grave offense;
Kinds of Aggravating Circumstances:
b. Impulse of jealous feeling, similar to passion
1. Generic: Generally apply to all crimes
and obfuscation;
a. Advantage taken of public position;
c. Manifestations of Battered Wife Syndrome,
b. Contempt or insult of public authority;
analogous to an illness that diminishes the
c. Crime committed in the dwelling of the
exercise of will power;
offended party;
d. Esprit de corps, similar to passion and
d. Abuse of confidence or obvious
obfuscation;
ungratefulness;
e. Voluntary restitution of stolen property, similar
e. Where crime is committed in palace of
to voluntary surrender;
Chief Executive, in his presence, or
f. Extreme poverty and necessity, similar to
where public authorities are engaged, or
incomplete justification based on state of
in a place for religious worship;
necessity; and
f. Nighttime, uninhabited place, or band;
g. Testifying for the prosecution, analogous to
g. Recidivism;
plea of guilty.
h. Reiteracion or Habituality;
i. Craft, fraud or disguise;
Note: Mitigating circumstances which arise (1)
j. Unlawful entry;
from the moral attributes of the offender, or (2)

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k. Breaking of wall, roof, floor, door or Note: Error in personae: is not a special
window; and aggravating nor a mitigating circumstance
l. Use of persons under 15 years of age; (Reyes, Book I);

2. Specific: Apply only to particular crimes Differentiating Different Kinds of Aggravating

a. Disregard of rank, age, or sex due the Circumstances
offended party in crimes against persons KINDS OF AGGRAVATING
and honor; CIRCUMSTANCES
b. Advantage of superior strength or means Those that can generally
be employed to weaken the defense; apply to crimes.
c. Treachery in crimes against persons;
d. Ignominy in crimes against chastity; GENERIC Includes paragraphs 1,2,3
e. Cruelty in crimes against persons; and (dwelling),4,5,6,9,10,14,18
f. Use of unlicensed firearm in the murder , 19, and 20, except by
or homicide committed: this is absorbed “means of motor vehicles.”
in rebellion, insurrection, sedition, and Those that apply only to
attempted coup d’état; (R.A. No. 8294) particular crimes (i.e.
ignominy in crimes against
3. Qualifying: Change the nature of the crime chastity or cruelty and
a. Alevosia (treachery) or evident treachery in crimes against
premeditation qualifies the killing of a SPECIFIC
persons);
person to murder; and
b. Art. 248 enumerates the qualifying Includes paragraphs 3
aggravating circumstances which qualify (except dwelling), 15,16,17
the killing of a person to murder; and 21.
Those that change the
4. Inherent: Must of necessity accompany the nature of the crime (i.e
commission of the crime alevosia or evident
a. Evident premeditation in robbery, theft, premeditation qualifies the
estafa, adultery and concubinage; killing of a person to
b. Abuse of public office in bribery; murder);
c. Breaking of a wall or unlawful entry into a QUALIFYING
house in robbery with the use of force Article 248 enumerates the
upon things; qualifying aggravating
d. Fraud in estafa; and circumstances which
e. Deceit in simple seduction. qualify the killing of a
person to murder.
5. Special: Those which arise under special
Those that must of
conditions to increase the penalty of the necessity accompany the
offense and cannot be offset by mitigating commission of the crime
circumstances. Examples:
(Article 62, paragraph 2);
a. Quasi-recidivism;
INHERENT
b. Complex crimes;
Evident premeditation is
c. Taking advantage of public position and inherent in robbery, theft,
membership in an organized/syndicated estafa, adultery and
crime group (Ar. 61, par. 1(a)); and
concubinage.
d. Use of unlicensed firearm in homicide or
murder.

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Bases of Aggravating Circumstances Greater perversity of the

Price, reward, or
Greater perversity of the offender as sown by the
promise (Par. 11)
offender as shown by motivating power itself.
Advantage taken the personal By means of Means and ways
of public position circumstances of the inundation, fire, employed.
(Par. 1) offender and the means etc. (Par. 12)
to secure the Ways of committing the
commission of the crime Evident crime implies a
Contempt or Greater perversity of the premeditation deliberate planning of
insult to public offender as shown by (Par. 13) the act before executing
authorities (Par. his lack of respect for it.
2) the public authorities Means employed in the
Craft, fraud, or
Greater perversity of the commission of the
disguise (Par. 14)
Disregard of offender as shown by crime.
rank, age, sex, or the personal Superior strength Means employed in the
dwelling of the circumstances of the or means to commission of the
offended party offended party and the weaken the crime.
(Par. 3) place of the commission defense (Par. 15)
of the crime. Means employed in the
Abuse of Greater perversity of the Treachery (Par.
commission of the
confidence and offender as shown by 16)
crime.
obvious the means and ways Ignominy (Par. Means employed.
ungratefulness employed. 17)
(Par. 4) Means and ways
Greater perversity of the Unlawful entry
employed to commit the
Place of offender as shown by (Par. 18)
crime.
commission of the place of the Means and ways
the offense (Par. commission of the Breaking wall
employed to commit the
5) crime, which must be (Par. 19)
crime.
respected.
Aid of minor or Means and ways
Nighttime, Time and place of the by means of employed to commit the
uninhabited commission of the crime motor vehicles crime; and
place or band and means and ways (Par. 20)
(Par. 6) employed. Ways employed in
On occasion of Time of the commission Cruelty (Par. 21)
committing the crime.
calamity or of the crime.
misfortune (Par.
Rules of Aggravating Circumstances
7) 1. Aggravating circumstances shall NOT be
Aid of armed Means and ways of appreciated if:
men, etc. (Par. 8) committing the crime. a. They constitute a crime specially
Greater perversity of the punishable by law, or
offender as shown by b. It is included by the law in defining a
Recidivist (Par. 9)
his inclination to commit crime and prescribing the penalty
crimes. therefor. (Art. 62, par. 1)
Greater perversity of the
Reiteracion or
offender as shown by Example: “That the crime be committed by
habituality (Par.
his inclination to commit means of …fire, explosion” (Art. 14, par. 12) is in
10)
crimes.

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itself a crime of arson (Art. 321) or a crime
involving destruction (Art. 324).
2. It shall also NOT be appreciated if any
aggravating circumstance is inherent in the
crime to such a degree that it must of
necessity accompany the commission
thereof. (Art. 62, par. 2)
3. Aggravating circumstances which arise from
the following shall only serve to aggravate the
liability of the principals, accomplices and
accessories, to whom such circumstances
are attendant. (Art. 62, par. 3):
a. From the moral attributes of the offender;
b. From his private relations with the
offended party; or
c. From any personal cause
4. Aggravating circumstances which consists in
the following shall only serve to aggravate the
liability of those who had knowledge of them
at the time of the execution of the act or their
cooperation therein. (Art. 62, par. 4):
a. In the material execution of the act; or
b. In the means employed to accomplish it.
5. Aggravating circumstances, regardless of its
kind, should be specifically alleged in the
information AND proved as fully as the crime
itself in order to increase the penalty (Sec. 9,
Rule 110, 2000 Rules of Criminal Procedure);
and
6. When there is more than one qualifying
aggravating circumstance present, one of
them will be appreciated as qualifying
aggravating while the others will be
considered as generic aggravating.
1. ADVANTAGE BE TAKEN BY THE
OFFENDER OF HIS PUBLIC POSITION
(par. 1)
Basis: Greater perversity of the offender as
shown by the personal circumstances of the
offender and also by the means used to secure
the commission of the crime.
CRIMINAL LAW
Notes:
a. Applicable only when the offender is a public
officer who takes advantage of his public
position.
b. The public officer must use the influence,
prestige or ascendancy which his office
gives him as the means by which he realizes
his purpose.
c. It is not aggravating if accused could have
perpetrated the crime without occupying
public position.
d. It is inherent in the case of accessories under
Art. 19, par. 3, and the crimes committed by
public officers.
e. R.A. 7659 provides that crimes committed by
a public officer will be given the penalty
prescribed at its maximum, regardless of the
nature and number of mitigating
circumstances.
f. This circumstance, taking advantage of
public position, cannot be taken into
consideration in offenses where taking
advantage of official-position is made by law
an integral element of the crime, such as in
malversation under Art. 217, or in falsification
of document committed by public officers
under Art. 171. (People vs. Tevez, 44 Phil.
275, 277)
g. Taking advantage of public position is
inherent in the case of accessories under Art.
19, par. 3, and in crimes committed by public
officers. (Arts. 204 to 245)
2. THE CRIME BE COMMITTED IN
CONTEMPT OF OR WITH INSULT TO THE
PUBLIC AUTHORITIES (par. 2)
Basis: Greater perversity of the offender, as
shown by his lack of respect for the public
authorities.
Requisites: (ENKC)
1. The public authority is Engaged in the
exercise of his functions;
2. Such public authority is Not the person
against whom the crime is committed;
3. The offender Knows him to be a public
authority; and
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4. His presence has not prevented the offender
from Committing the criminal act.
A PUBLIC AUTHORITY, sometimes called a
person in authority, is a public officer who is
directly vested with jurisdiction and has the power
to govern and execute the laws.
An AGENT OF A PERSON IN AUTHORITY is
any person who, by direct provision of law or by
election or by appointment by competent
authority, is charged with the maintenance of
public order and the protection and security of life
and property.
Notes:
a. Teachers or professors of a public or
recognized private school and lawyers are
not “public authority” within the
contemplation of this paragraph.
b. Art. 14, par. 2 does not apply when the crime
is committed in the presence of an agent only.
c. If the crime is committed against a public
authority while he is in the performance of his
official duty, the offender commits direct
assault without this aggravating
circumstance.
d. Knowledge that a public authority is present
is essential. Lack of knowledge on the part of
the offender that a public authority is present
indicates lack of intention to insult the public
authority.
3. THE ACT BE COMMITTED (par. 3)
a. With insult or in disregard of the respect
due the offended party on the account
of his rank, age, or sex, or
b. In the dwelling of the offended party, if the
latter has not given provocation.
Basis: Greater perversity of the offender, as
shown by the personal circumstances of the
offended party and the place of the commission
of the crime.
RANK is the designation or title of distinction
used to fix the relative position of the offended
party in reference to others.
CRIMINAL LAW
a. There must be a difference in the social
condition of the offender and the offended
party.
b. Proof of fact of disregard and deliberate intent
to insult required.
AGE may refer to old age or the tender age of the
victim.
a. The circumstance of lack of respect due to
age applies in cases where the victim is of
tender age as well as of old age.
b. Deliberate intent to offend or insult required.
c. Disregard of old age not aggravating in
robbery with homicide.
SEX refers to the female sex, not to the male sex.
a. Disregard of sex is not aggravating in the
absence of evidence that the accused
deliberately intended to offend or insult the
sex of the victim or showed manifest
disrespect to her womanhood.
b. Absorbed in treachery.
Notes:
a. The 4 circumstances can be considered
single or together. If all the four
circumstances are present, they have the
weight of one aggravating circumstance only.
b. Disregard of rank, age, or sex may be taken
into account only in crimes against persons
or honor.
c. There must be evidence that in the
commission of the crime, the accused
deliberately intended to offend or insult the
sex or age of the offended party.
When Not Applicable:
1. Offender acted with passion and obfuscation;
2. There exists a relationship between the
offended party and the offender; and
3. The condition of being a woman is
indispensable in the commission of the crime.
DWELLING must be a building or structure
exclusively used for rest and comfort; a
combination of house and store is not included.
a. Includes dependencies, the foot of the
staircase and enclosure under the house.
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b. It requires that the crime be wholly or partly
be committed therein or in any integral part
thereof.
c. Dwelling does not mean the permanent
residence or domicile of the offended party or
that he must be the owner thereof. He may
be actually living therein even for a temporary
duration or as a guest.
d. It is not necessary that the accused should
have actually entered the dwelling of the
victim; it is enough that the victim was
attacked inside his house, although the
assailant may have devised means to
perpetrate the assault from without.
e. Even if the killing took place outside the
dwelling, it is aggravating provided that the
commission of the crime was begun in the
dwelling.
f. Dwelling is not included in the qualifying
circumstance of treachery.
Bases for aggravating circumstance of
dwelling:
a. The abuse of confidence which the offended
party reposed in the offender by opening the
door to him; or
b. The violation of the sanctity of the home by
trespassing therein with violence or against
the will of the owner.
Notes:
a. Offended party must not give provocation.
b. Meaning of provocation in the aggravating
circumstance:
1. Given by the owner of the dwelling;
2. Sufficient; and
3. Immediate to the commission of the
crime.
Note: If all these conditions are present, the
fact that the crime is committed in the
dwelling of the offended party is NOT an
aggravating circumstance.
Rationale: When it is the offended party who
has provoked the incident, he loses his right
to the respect and consideration due him in
his own house.
CRIMINAL LAW
c. There must be a close relation between
provocation and commission of crime in the
dwelling.
Dwelling is not aggravating in the following
cases:
1. General Rule: When both the offender and
the offended party are occupants of the
same house.
a. Exception: In case of adultery in the
conjugal dwelling, the same is
aggravating. However, if the
paramour also dwells in the conjugal
dwelling, the applicable aggravating
circumstance is abuse of
confidence.
2. General Rule: When robbery is committed
by the use of force upon things, dwelling is
not aggravating because it is inherent.
a. Exception: Dwelling is aggravating in
robbery with violence against or
intimidation of persons because this
class of robbery can be committed
without the necessity of trespassing
of the offended party’s house.
3. In the crime of trespass to dwelling, it is
inherent or included by law in defining the
crime.
4. When the owner of the dwelling gave
sufficient and immediate provocation.
5. The victim is not a dweller of the house.
4. THE ACT BE COMMITTED WITH ABUSE
OF CONFIDENCE OR OBVIOUS
UNGRATEFULNESS (par. 4)
Basis: Greater perversity of the offender, as
shown by the means and ways employed.
There are 2 aggravating circumstances present
under par. 4, which must be independently
appreciated if present in the same case.
Abuse of confidence requires a special
confidential relationship between the offender
and the victim, while this is not required for there
to be obvious ungratefulness.
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Requisites for Abuse of Confidence: (TAF)
1. That the offended party had Trusted the
offender;
2. That the offender Abused such trust by
committing a crime against the offended
party; and
3. That the abuse of confidence Facilitated the
commission of the crime.
Notes:
a. The confidence between the offender and the
offended party must be immediate and
personal.
• E.g.: A jealous lover, who had already
determined to kill his sweetheart, invited
her to a ride in the country. The girl,
unsuspecting of his plans, went with him.
While they were in the car, the jealous
lover stabbed her. It was held that this
aggravating circumstance was present.
(People vs. Marasigan, 70 Phil. 583, 594)
• In contrast: In the case of U.S. vs. Torrida,
23 Phil. 189,192, it was held that the
mere fact that the voters had reposed
confidence in the defendant by electing
him to a public office does not mean that
he abused their confidence when he
committed estafa against them.
• Abuse of confidence is inherent in
malversation, qualified theft, estafa by
conversion or misappropriation, and
qualified seduction.
b. It is not a mere betrayal of trust, since the
offended party must be the one who actually
reposed his confidence in the offender.
Note: If the accused is a domestic helper who
took valuable items from her employer, she is
liable for qualified theft. While the grave abuse of
trust and confidence per se does not produce the
felony as an effect, it is a circumstance that
aggravates and qualifies the commission of the
crime of theft; hence, the imposition of a higher
penalty is necessary. After accepting and allowing
the helper to be a member of the household, thus
entrusting upon such person the protection and
safekeeping of the employer's loved ones and
properties, a subsequent betrayal of that trust is
so repulsive as to warrant the necessity of
CRIMINAL LAW
imposing a higher penalty to deter the
commission of such wrongful acts. (People of the
Philippines v. Belen Mejares y Valencia, G.R.
225735, J. LEONEN, January 10, 2018.)
Requisites of Obvious Ungratefulness: (TAU)
1. That the offended party had Trusted the
offender;
2. That the offender Abused such trust by
committing a crime against the offended
party; and
3. That the act be committed with obvious
Ungratefulness.
Note: The ungratefulness contemplated by par. 4
must be such clear and manifest ingratitude on
the part of the accused.
5. THE CRIME BE COMMITTED (par. 5)
a. In the palace of the Chief Executive, or
b. In his presence, or
c. Where public authorities are engaged
in the discharge of their duties, or
d. In a place dedicated to religious
worship.
Basis: Greater perversity of the offender, as
shown by the place of the commission of the
crime, which must be respected.
Note: Actual performance of duties is not
necessary when crime is committed in the palace
or in the presence of the Chief Executive.
Requisites regarding Public Authorities:
1. Crime occurred in the public office; and
2. Public authorities are actually performing
their public duties.
Requisites regarding Place Dedicated to
Religious Worship: (D2ED)
1. The crime occurred in a place Dedicated to
the worship of God regardless of religion;
2. The offender must have Decided to commit
the crime when he entered the place of
worship;
3. The place must be Exclusively dedicated to
public religious worship; private chapels are
not included; and
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4. There must be intention to Desecrate the When these 3 circumstances are present in the
place dedicated to public religious worship. same case and their elements can subsist
independently, they shall be considered
Notes: separately. It is not applicable when the mitigating
a. Except for the third which requires that official circumstance of passion or obfuscation or
functions are being performed at the time of sufficient provocation is present in the
the commission of the crime, the other places commission of the crime.
are aggravating per se even if no official
duties or acts of religious worship are being When Nighttime, Uninhabited place or Band is
conducted there. aggravating:
b. Cemeteries are not considered as place 1. When it facilitated the commission of the
dedicated to worship. crime; or
c. Offender must have intention to commit a 2. When especially sought for by the offender to
crime when he entered the place. insure the commission of the crime or for the
purpose of impunity; or
Compare the aggravating circumstances 3. When the offender took advantage thereof
under Par. 5 and Par. 2 for the purpose of impunity.
PAR 5: WHERE PAR 2:
PUBLIC CONTEMPT OR NIGHTTIME (obscuridad) is that period of
AUTHORITIES INSULT TO darkness beginning at the end of dusk and ending
ARE ENGAGED PUBLIC at dawn.
IN THE AUTHORITIES a. Commission of the crime must begin and be
DISCHARGE OF accomplished in the nighttime.
THEIR DUTIES b. When the place of the crime is illuminated by
Public authorities are in the performance of their light, nighttime is not aggravating.
duties. c. Nighttime is not especially sought for when
PLACE WHERE PUBLIC DUTY IS the notion to commit the crime was conceived
PERFORMED of shortly before commission or when crime
In their office Outside of their office was committed at night upon a casual
OFFENDED PARTY encounter.
d. A bare statement that crime was committed
May or may not be the Public authority should
at night is insufficient. The information must
public authority. not be the offended
allege that nighttime was sought for or taken
party; the crime is
advantage of, or that it facilitated the crime.
merely committed in his
e. Circumstance of nocturnity, although not
presence.
specially sought for, shall aggravate criminal
liability if it facilitated the commission of the
6. THE CRIME BE COMMITTED (par. 6):
offense or the offender took advantage of the
(NUB)
same to commit the crime.
a. In the Nighttime, or
b. In an Uninhabited place, or
When Both Nighttime and Treachery are
c. By a Band, whenever such circumstance
Present:
may facilitate the commission of the
General Rule: Nighttime is absorbed in
offense.
treachery.
Basis: Time and place of the commission of the
Exception: Where both the treacherous mode of
crime and means and ways employed.
attack and nocturnity were deliberately decided
upon in the same case, they can be considered

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separately if such circumstances have different
factual bases.
UNINHABITED PLACE (despoblado) is one
where there are no houses at all, or a place at a
considerable distance from town, where the
houses are scattered at a great distance from
each other.
a. Solitude must be sought to better attain the
criminal purpose – an easy and uninterrupted
accomplishment or insure concealment.
b. What should be considered is whether in the
place of the commission of the offense, there
was a reasonable possibility of the victim
receiving some help.
BAND (en cuadrilla) refers to a situation where
there are more than 3 armed malefactors that
shall have acted together in the commission of an
offense.
a. There must be 4 or more armed men.
b. The armed persons contemplated must all be
principals by direct participation who acted
together in the execution of the acts
constituting the crime; in this case,
conspiracy is presumed.
c. If one of the four-armed malefactors is a
principal by inducement, they do not form a
band because he had no direct participation.
d. “By a band” is aggravating in crimes against
property or against persons or in the crime
of illegal detention or treason but does not
apply to crimes against chastity. (Reyes,
Book II citing People v Corpus, C.A. 43 O.G.
2249)
e. This is inherent in brigandage.
f. This is absorbed in the circumstance of
abuse of superior strength and use of
firearms, EXCEPT when the firearm has no
license or there is a lack of license to carry
the firearm.
g. When the armed men met up casually with
others, and a crime was thereafter
committed, it cannot be considered as an
aggravating circumstance.
7. CRIME BE COMMITTED ON THE
OCCASION OF A CONFLAGRATION,
SHIPWRECK, EARTHQUAKE, EPIDEMIC
CRIMINAL LAW
OR OTHER CALAMITY OR MISFORTUNE
(par. 7).
Basis: Time of the commission of the crime.
Reason for the aggravation: Debased form of
criminality met in one who, in the midst of a great
calamity, instead of lending aid to the afflicted,
adds to their suffering by taking advantage of their
misfortune to despoil them.
Requisites:
1. The crime was committed when there was a
calamity or misfortune similar to
conflagration, shipwreck, earthquake or
epidemic; and
2. The offender took advantage of the state of
confusion or chaotic condition from such
misfortune.
Notes:
a. This will not apply if the offender was
provoked by the offended party during the
calamity/misfortune.
b. The offender must take advantage of the
calamity or misfortune.
8. THE CRIME BE COMMITTED WITH THE
AID OF (par. 8):
a. Armed men, or
b. Persons who insure or afford impunity.
Basis: Means and ways of committing the
crime.
Requisites:
1. That armed men or persons took part in the
commission of the crime, directly or
indirectly; and
2. That the accused availed himself of their aid
or relied upon them when the crime was
committed.
Rule for the application of the circumstance:
The casual presence of armed men near the
place where the crime was committed does not
constitute an aggravating circumstance when it
appears that the accused did not avail of their aid
or rely upon them to commit the crime.
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Notes: convicted by final judgment of another crime

a. This aggravating circumstance requires that
the armed men are accomplices who take
part in a minor capacity directly or indirectly,
and not when they were merely present at the
crime scene.
b. If there are four armed men, aid of armed
men is absorbed in employment of a band. If
there are three armed men or less, aid of
armed men may be the aggravating
circumstance.
c. It shall not be considered when both the
attacking party and the party attacked were
equally armed.
d. It is not present when the accused as well as
those who cooperated with him in the
commission of the crime acted under the
same plan and for the same purpose.
e. Mere moral or psychological aid or reliance is
sufficient to constitute this aggravating
circumstance.
Compare By a band v. With the aid of armed
men
BY A BAND (PAR. 6) WITH THE AID OF
ARMED ME (PAR. 8)
As to NUMBER
Requires more than At least two
three armed
malefactors
As to ACTION
More than three Present even if one of
armed malefactors the offenders merely
shall have acted relied on their aid;
together in the actual aid is not
commission of an necessary
offense
As to LIABILITY
Band members are all Armed men are mere
principals accomplices
9. THE ACCUSED IS A RECIDIVIST (par. 9)
Basis: Greater perversity of the offender, as
shown by his inclination to crimes.
A RECIDIVIST is one who at the time of his trial
for one crime, shall have been previously
embraced in the same title of the RPC.
A recidivist is entitled to the benefits of the
Indeterminate Sentence Law but is disqualified
from availing credit of his preventive
imprisonment.
Requisites: (TPSC)
1. That the offender is on Trial for an offense;
2. That he was Previously convicted by final
judgment of another crime;
3. That both the first and the second offenses
are embraced in the Same title of the Code;
and
4. That the offender is Convicted of the new
offense.
“At the time of his trial for one crime”
a. It is employed in its general sense, including
the rendering of the judgment. It is meant to
include everything that is done in the course
of the trial, from arraignment until after
sentence is announced by the judge in open
court.
b. It is sufficient that the succeeding offense be
committed after the commission of the
preceding offense provided that at the time of
his trial for the second offense, the accused
had already been convicted of the first
offense.
c. Amnesty extinguishes the penalty and its
effects.
d. Pardon does not obliterate the fact that the
accused is a recidivist. Thus, even if the
accused was granted a pardon for the first
offense but he commits another felony
embraced in the same title of the Code, the
first conviction is still counted to make him a
recidivist
e. Being an ordinary aggravating circumstance,
recidivism affects only the periods of a
penalty, EXCEPT in prostitution (Art. 202)
and gambling (PD 1602) wherein recidivism
increases the penalties by degrees. No other
generic aggravating circumstance produces
this effect.
f. If both offenses were committed on the same
date, they shall be considered as only one,
hence, they cannot be separately counted in

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order to constitute recidivism. Judgments of should be aggravated by recidivism, which

conviction handed down on the same day can easily be proven.
shall be considered as only one conviction. c. The court must exercise its discretion in
• Rationale: Because the RPC requires applying this aggravating circumstance
that to be considered as separate against the accused.
convictions, at the time of his trial for
one crime the accused shall have been FORMS OF REPETITION
previously convicted by final judgment of Generic aggravating
the other. RECIDIVISM circumstance
g. To prove recidivism, it is necessary to allege (Par. 9, Art. 14)
the same in the information and to attach Generic aggravating
thereto a certified copy of the sentence REITERACION OR
circumstance
rendered against the accused. HABITUALITY
(Par. 10, Art. 14)
h. Recidivism must be taken into account no
Extraordinary
matter how many years have intervened
aggravating
between the first and second felonies.
circumstance (Par. 5,
Art. 62)
10. THE OFFENDER HAS BEEN PREVIOUSLY
PUNISHED: (par. 10)
BUT Note: Strictly
a. For an offense to which the law attaches
MULTI-RECIDIVISM speaking, habitual
an equal or greater penalty or
OR HABITUAL delinquency is not an
b. For two or more crimes to which it
DELINQUENCY “aggravating
attaches a lighter penalty.
circumstance” as it
neither qualifies nor
Basis: Greater perversity of the offender as
increases the penalty
shown by his inclination to crimes.
for the given felony, but
provides for a separate
Requisites of Reiteracion or Habituality:
or additional penalty.
1. That the accused is on trial for an offense;
Special aggravating
2. That he previously served sentence for QUASI-RECIDIVISM
circumstance (Art. 160)
another offense to which the law attaches an
a. Equal; or
b. Greater penalty; or 11. THE CRIME BE COMMITTED IN
c. For two or more crimes to which it CONSIDERATION OF A PRICE, REWARD
attaches a lighter penalty than that for OR PROMISE (par. 11)
the new offense; and
3. That he is convicted of the new offense. Basis: Greater perversity of the offender, as
shown by the motivating power itself.
Notes:
a. Quasi-recidivism cannot at the same time Requisites:
constitute reiteracion since the former exists 1. There are at least two principals:
before accused begins to serve sentence or a. The principal by inducement (one who
while serving the same while the latter exists offers); and
after accused has duly served sentence, b. The principal by direct participation
hence this aggravating circumstance cannot (accepts);
apply to a quasi-recidivist. 2. The price, reward, or promise should be
b. If the same set of facts constitutes recidivism previous to and in consideration of the
and reiteracion, the liability of the accused commission of the criminal act.

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Notes: d. When there is no actual design to kill a

a. The circumstance is applicable to both person in burning a house, it is plain arson
principals. It affects the person who received even if a person is killed. Had there been an
the price / reward as well as the person who intent to kill, the crime committed is murder,
gave it as a qualifying circumstance, if qualified by the circumstance that the crime
applicable (e.g. murder). was committed by means of fire.
b. If without previous promise, it was given e. Fire, explosion, and derailment of locomotive
voluntarily after the crime had been may be part of the definition of a particular
committed as an expression of his crime such as arson, crime involving
appreciation for the sympathy and aid shown destruction, and damages and obstruction to
by the other accused, it should not be taken means of communication; in these cases,
into consideration for the purpose of they do not serve to increase the penalty.
increasing the penalty.
c. The price, reward or promise need not Compare By means of inundation, fire, etc v.
consist of material things or need not be On occasion of conflagration, shipwreck
actually delivered, it being sufficient that the BY MEANS OF ON THE OCCASION
offer made be accepted before the INUNDATION, FIRE OF A
commission of the offense. ETC (PAR. 12) CONFLAGRATION,
d. The inducement must be the primary SHIPWRECK, ETC.
consideration for the commission of the (PAR. 7)
crime. The crime is The crime is
committed by means committed on the
12. THE CRIME BE COMMITTED BY MEANS of any such acts occasion of a
OF: (par. 12) involving great waste calamity or
a. Inundation; or ruin. misfortune.
b. Fire;
c. Poison; Rules as to the Use of Fire:
d. Explosion; ACT OF THE CRIME
e. Stranding of a vessel or intentional ACCUSED COMMITTED
damage thereto; Intent was only to Simple arson with a
f. Derailment of a locomotive; and burn house but specific penalty (Art.
g. By the use of any other artifice somebody dies 326)
involving great waste and ruin.
If fire was used as a Murder
means to kill
Basis: Means and ways employed.
Separate crimes of
If fire was used to
arson and
Notes: conceal the killing
murder/homicide
a. The circumstances under this paragraph will
only be considered as aggravating when they
13. THE ACT BE COMMITTED WITH EVIDENT
are used by the offender as a means to
PREMEDITATION (par. 13)
accomplish a criminal purpose.
b. When another aggravating circumstance
Basis: It has reference to the ways of committing
already qualifies the crime, any of these
the crime, because evident premeditation implies
aggravating circumstances shall be
a deliberate planning of the act before executing
considered as generic aggravating
it.
circumstance only.
c. Inundation refers to use of water or causing
the water to flood in the commission of the
offense.

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Requisites:
The prosecution must prove –
1. The time when the offender determined to
commit the crime;
• Mere threat not of a direct and specific
character shows accused was
undetermined;
2. An act manifestly indicating that the
culprit has clung to his determination; and
• The premeditation must be based upon
external acts and not presumed from
mere lapse of time;
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.
• The offender must have an opportunity to
coolly and serenely think and
deliberate on the meaning and the
consequences of what he planned to
do, an interval long enough for his
conscience and better judgment to
overcome his evil desire and
scheme.
Essence of Premeditation:
The execution of the criminal act must be
preceded by cool thought and reflection upon the
resolution to carry out the criminal intent during
the space of time sufficient to arrive at a calm
judgment. (People v. Durante, 53 Phil. 363,
1929).
Notes:
a. There must be evidence showing that the
accused meditated and reflected on his
intention between the time when the crime
was conceived by him and the time it was
actually perpetrated.
b. Premeditation is absorbed by reward or
promise only insofar as the inducer is
concerned, but not the person induced since
one can be a principal by direct participation
without the benefit of due reflection.
c. When the victim is different from that
intended, premeditation is not aggravating.
However, if the offender premeditated on the
killing of any person, it is proper to consider
CRIMINAL LAW
against the offender the aggravating
circumstance of premeditation, because
whoever is killed by him is contemplated in
his premeditation.
d. Evident premeditation, while inherent in
robbery, may be aggravating in robbery with
homicide if the premeditation included the
killing of the victim.
e. If the accused kills another person, there is
no evident premeditation attendant if the
prosecution fails to establish the time when
the accused resolved to kill victim. For
evident premeditation to be appreciated, it is
indispensable to show how and when the
plan to kill was hatched or how much time has
elapsed before it was carried out. The
accused’s act of lurking outside and waiting
for the victim to emerge does not constitute
as an overt act indicating his resolution to kill.
(People v Ordona y Rendon, G.R. No.
227863, J. LEONEN, September 20, 2017)
Effect of Conspiracy on Evident
Premeditation: Conspiracy Presupposes
Premeditation
a. General Rule: Where conspiracy is directly
established, with proof of the attendant
deliberation and selection of the method, time
and means of executing the crime, the
existence of evident premeditation can be
taken for granted.
b. Exception: When conspiracy is only
implied, evident premeditation may not be
appreciated, in the absence of proof as to
how and when the plan to kill the victim was
hatched or what time had elapsed before it
was carried out.
Evident Premeditation Not Aggravating
When:
a. General Rule: Evident premeditation may
not be taken into account when the person
whom the defendant proposed to kill was
different from the one who became his victim
(error in personae).
b. Exception: There was a general plan to kill
anyone to commit the crime premeditated.
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14. CRAFT, FRAUD, OR DISGUISE BE
EMPLOYED (par. 14)
Basis: Means employed in the commission of the
crime.
Application of Par. 14
Craft (astucia): Involves intellectual trickery or
cunning on the part of the accused; A chicanery
resorted to by the accused to aid in the execution
of his criminal design. It is employed as a scheme
in the execution of the crime.
NOT AGGRAVATING:
1. Where the unlawful scheme could have
been carried out just the same even without
the pretense. (People v. Aspili, G.R. Nos.
89418-19, 1990)
2. Craft partakes of an element of the offense.
Fraud (fraude): Insidious words or machinations
used to induce the victim to act in a manner which
would enable the offender to carry out his design.
Compare Fraud v. Craft
FRAUD CRAFT
The act of the
There is a direct
accused done in
inducement by
order not to arouse
insidious words or
the suspicion of the
machinations.
victim.
Disguise (disfraz): Resorting to any device to
conceal identity.
a. The fact that the mask subsequently fell down
thus paving the way for this one’s
identification does not render the aggravating
circumstance of disguise inapplicable.
(People v. Cabato, G.R. No. L-37400, 1988)
b. The purpose of the offender in using any
device must be to conceal his identity.
c. The test of disguise is whether the device or
contrivance resorted to by the offender was
intended to or did make identification more
difficult, such as the use of a mask or false
hair or beard.
CRIMINAL LAW
Notes:
a. Craft and fraud may be absorbed in treachery
if they have been deliberately adopted as the
means, methods or forms for the treacherous
strategy, or they may co-exist independently
where they are adopted for different purposes
in the commission of the crime.
b. Where the accused pretended to hire the
driver in order to get his vehicle, it was held
that there was craft directed to the theft of the
vehicle, separate from the means
subsequently used to treacherously kill the
defenseless driver. (People v. San Pedro,
G.R. No. L-44274, 1980).
c. An information is sufficient when the accused
is fully apprised of the charge against him to
enable him to prepare his defense. The
inclusion of the phrase "wearing masks
and/or other forms of disguise" in the
information does not violate their
constitutional rights. The introduction of the
prosecution of testimonial evidence that
tends to prove that the accused were masked
but the masks fell off does not prevent them
from including disguise as an aggravating
circumstance. What is important in alleging
disguise as an aggravating circumstance is
that there was a concealment of identity by
the accused. (People v. Feliciano, G.R. No.
196735, J. LEONEN, May 5, 2014)
15. ABUSE OF SUPERIOR STRENGTH (par.
15), THAT:
a. Advantage be taken of superior
strength, or
b. Means be employed to weaken the
defense.
Basis: Means employed in the commission of the
crime.
Notes:
a. Par. 15 contemplates two aggravating
circumstances, either of which qualifies a
killing to murder. (Art. 248)
b. To take advantage of superior strength
means to deliberately use excessive force
that is out of proportion to the means for
self- defense available to the person
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attacked. (People v. Lobrigas, G.R. No.
147649, 2002)
c. For abuse of superior strength, the test is the
relative strength of the offender and the
victim, whether or not he took advantage
of his greater strength.
Superior strength not taken advantage of:
a. When one attacks another with passion and
obfuscation;
b. When a quarrel arose unexpectedly and the
fatal blow was struck at a time when the
aggressor and his victim were engaged
against each other as man to man; and
c. When attack on victim was made alternately.
Notes:
a. There must be evidence that the accused
were physically stronger and that they
abused such superiority.
b. The aggravating circumstance depends on
the age, size and strength of the parties – that
there be notorious inequality of forces.
c. Number of aggressors, if armed, may point to
abuse of superior strength.
d. There is abuse of superior strength when
weapon used is out of proportion to the
defense available to the offended party.
e. When there are several offenders
participating in the crime, they must all be
principals by direct participation and their
attack against the victim must be concerted
and intended to be so.
f. Abuse of superior strength is inherent in the
crime of parricide where the husband kills the
wife. It is generally accepted that the husband
is physically stronger than the wife.
g. Superior strength is absorbed and inherent in
treachery. (People v Mobe, 81 Phil. 58)
h. Superior strength absorbs cuadrilla (band).
Compare Aggravating Circumstances of
Superior Strength v. ‘Committed By a Band’
BY A BAND SUPERIOR
STRENGTH
Committed by more Taking advantage by
than three armed the culprits of their
malefactors collective strength to
CRIMINAL LAW
regardless of the overpower their
comparative strength relatively weaker
of the victim/victims. victim or victims.
The offender employs means that materially
weaken the resisting power of the offended party.
EXAMPLES:
a. Where one, struggling with another, suddenly
throws a cloak over the head of his opponent
then he wounds or kills him.
b. When the offender, who had the intention to
kill the victim, made the deceased
intoxicated, thereby materially weakening the
latter’s resisting power.
Note: This circumstance is applicable only to
crimes against persons, and sometimes against
person and property, such as robbery with
physical injuries or homicide.
16. THE ACT BE COMMITTED WITH
TREACHERY (ALEVOSIA) (par. 16)
Basis: Means and ways employed in the
commission of the crime.
There is treachery when the offender commits
any of the crimes against the person, employing
means, methods or forms in the execution
thereof, which tends directly and specially to
insure its execution without risk to himself arising
from the defense which the offended party might
make. Treachery means that the offended party
was not given opportunity to make a defense.
Requisites:
1. At the time of the attack, the victim was not
in a position to defend himself; and
2. The offender consciously adopted the
particular means, method or form of attack
employed by him.
Note: It is not only the relative position of the
parties but also whether or not the victim was
forewarned or afforded the opportunity to make a
defense or to ward off the attack.
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Rules Regarding Treachery:
a. Applicable only to crimes against persons;
b. Means, methods or forms need not insure
accomplishment of crime but only its
execution; and
c. The mode of attack must be consciously
adopted.
Notes:
a. The characteristic and unmistakable
manifestation of treachery is the deliberate,
sudden and unexpected attack of the victim
without any warning and without giving him
an opportunity to defend himself or repel the
initial assault. All three must concur;
otherwise, there can be no treachery.
b. As can be gleaned from jurisprudence, the
suddenness and unexpectedness of the
attack refers to the manner by which it is
executed and not to the formulation (which
must be deliberate or thought of by the
offender) of the manner of execution. (People
v. Cadag, G.R. No. L-13830, 1961)
c. When the victim’s hands are held by two
other persons while he is stabbed, and four
persons, who are armed with knives, gangs
up on him, the victim is completely deprived
of any prerogative to defend himself or to
retaliate. (People v. Castro, G.R. No. 211053,
J. LEONEN, November 29, 2017)
d. The unexpectedness of an attack cannot be
the sole basis of a finding of treachery, even
if the attack was intended to kill another, as
long as the victim’s position was merely
accidental. For treachery to attend, there
must be a deliberate or conscious adoption of
means, methods, or manners of execution
that would ensure success in committing the
crime. If the prosecution cannot prove that
the accused deliberately sought these
means, methods, or manners of execution,
there can be no finding of treachery. This is
because the attack might have been done on
impulse or as a reaction to the victim’s
provocation, whether real or imagined.
Generally, this type of provocation negates
the existence of treachery as it does not lend
itself to premeditation. (Cirera y Ustelo v.
CRIMINAL LAW
People, G.R. 181843, J. LEONEN, July 14,
2014)
e. However, People v. Ramolete considered
treachery as aggravating even if the accused
shot the victim on his back without
deliberation because the latter was trying to
escape through the window.
f. Treachery is appreciated even if the crime
against the person is complexed with another
felony involving a different classification in the
Code. Thus, in the special complex crime of
robbery with homicide, treachery can be
appreciated insofar as the killing is
concerned.
g. Treachery may exist even if the attack is face
to face, where it appears that the attack was
not preceded by a dispute and the offended
party was unable to prepare himself for his
defense.
h. Attack from behind is not always treachery –
it must appear that such mode of attack was
consciously adopted and the question of risk
to offender be taken into account.
i. General rule: Treachery must be proved by
clear and convincing evidence and cannot be
presumed.
j. Exception: Treachery applies in the killing of
a child even if the manner of attack is not
shown.
k. The mode of attack must be consciously
adopted.
l. The accused must make some preparation to
kill the deceased in such a manner as to
insure the execution of the crime or to make
it impossible or hard for the person attacked
to defend himself or retaliate.
m. The mode of attack must be thought of by the
offender, and must not spring from
unexpected turn of events.
When Must Treachery be Present:
a. When the aggression is continuous,
treachery must be present in the beginning
of the assault.
• Example: Even if the deceased was
shot while he was lying wounded on the
ground, it appearing that the firing of the
shot was a mere continuation of the
assault in which the deceased was
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wounded, with no appreciable time d. Cuadrilla (“band”);

intervening between the delivery of the e. Aid of armed men; and
blows and the firing of the shot, it cannot f. Nighttime.
be said that the crime was attended by
treachery. Note: Treachery cannot co-exist with passion or
b. When the assault was not continuous, in obfuscation.
that there was interruption, it is sufficient that
treachery was present at the moment the Compare Treachery v. Abuse of superior
fatal blow was given. strength v. Means employed to weaken the
• Example: Hence, if there was a break in defense
the continuity of the aggression and at MEANS
the time of the fatal wound was inflicted ABUSE OF EMPLOYED
on the deceased he was defenseless; TREACHERY SUPERIOR TO WEAKEN
the circumstance of treachery must be STRENGTH THE
taken into account. DEFENSE
c. Treachery must be present at the time of Means, Offender only Means are
inception of the attack, and not after. Even if methods, or takes employed but it
the treachery occurs in the subsequent forms advantage of materially
stages of the assault, if it was absent from the employed by his superior weakens the
beginning, it cannot be appreciated as an the offender to strength and resisting power
aggravating or qualifying circumstance. make it does not of the offended
Failing to prove the presence of the qualifying impossible or employ party
circumstance of treachery, the accused are hard for the means,
guilty of the crime of homicide, not murder. offended party methods, or
(People v. Magallano, Jr. y Flores, G.R. to put any sort forms of
220721, J. LEONEN, December 10, 2018) of resistance attack

Treachery Should be Considered Even If: 17. MEANS BE EMPLOYED OR

a. The victim was not predetermined but there
was a generic intent to treacherously kill any
first two persons belonging to a class. (The
same rule obtains for evident premeditation).
b. There was aberratio ictus and the bullet hit
a person different from that intended. (The
rule is different in evident premeditation).
c. There was error in personae, hence the
victim was not the one intended by the
accused. (A different rule is applied in evident
premeditation).
Reason: It is nonetheless impossible for
either the intended victim or the actual victim
to defend himself against the aggression.
CIRCUMSTANCES BROUGHT ABOUT
WHICH ADD IGNOMINY TO THE NATURAL
EFFECTS OF THE ACT (par. 17)
Basis: Means employed
Ignominy is a circumstance pertaining to the
moral order, which adds disgrace and obloquy to
the material injury caused by the crime.
Notes:
a. It is applicable to crimes against chastity, less
serious physical injuries, light or grave
coercion, and murder.
b. It is inherent in libel and acts of
lasciviousness.

Treachery Absorbs: (ACE CAN) Meaning of “which add ignominy to the

a. Abuse of superior strength; natural effects of the act:”
b. Craft; a. The means employed or the circumstances
c. Employing means to weaken the brought about must tend to make the effects
defense;

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of the crime more humiliating or to put the
offended party to shame.
b. Injured party must not be dead when the act
causing ignominy was inflicted to him
because the act must add to the injured
party’s moral suffering.
Compare Ignominy v. Cruelty
IGNOMINY (PAR.
CRUELTY (PAR. 21)
17)
Involves moral Refers to physical
suffering suffering
18. MEANS BE EMPLOYED OR
CIRCUMSTANCES BROUGHT ABOUT
WHICH ADD IGNOMINY TO THE NATURAL
EFFECTS OF THE ACT (par. 18)
Basis: Means and ways employed to commit
the crime.
There is unlawful entry when an entrance (not
escape) is effected by a way not intended for the
purpose.
One who acts, not respecting the walls erected by
men to guard their property and provide for their
personal safety, shows a greater perversity, a
greater audacity, hence, the law punishes him
with more severity.
Notes:
1. Dwelling and unlawful entry taken separately
as aggravating circumstances in murders
committed in a dwelling.
2. May be considered as aggravating in robbery
with violence against or intimidation of
persons.
3. Not aggravating in trespass to dwelling as
unlawful entry is inherent therein.
19. AS A MEANS TO THE COMMISSION OF A
CRIME, A WALL, ROOF, FLOOR, DOOR, OR
WINDOW BE BROKEN (par. 19)
Basis: Means and ways employed to commit
the crime.
CRIMINAL LAW
Notes:
a. Applicable only if such acts were done by the
offender to effect entrance.
b. It is not necessary that the offender should
have entered the building. What aggravates
the liability is the breaking of a part of the
building as a means of committing the crime.
Compare breaking as means to commission
of the crime v. After an unlawful entry
BREAKING AS
MEANS TO AFTER AN
COMMISSION OF UNLAWFUL ENTRY
THE CRIME (PAR. (PAR. 18)
19)
Involves the Presupposes that
breaking there is no such
(rompimiento) of the breaking as by entry
enumerated parts of through the window.
the house.
WHERE BREAKING OF DOOR OR WINDOW
IS LAWFUL:
a. An officer, in order to make an arrest, may
break open a door or window of any
building in which the person to be arrested is
or is reasonably believed to be (Sec. 11, Rule
113, of Rules of Court); and
b. An officer, if refused admittance, may break
open any door or window to execute the
search warrant or liberate himself. (Sec. 7,
Rule 126 of ROC).
20. THE CRIME BE COMMITTED: (par. 20)
a. With the aid of persons under 15 years of
age, or
b. By means of motor vehicles, airships, or
other similar means.
Basis: Means and ways employed to commit
the crime.
Two different circumstances grouped in this
paragraph:
1. With the aid of persons under fifteen
years of age
a. Intends to repress the frequent practice
resorted to by professional criminals to
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avail themselves of minors taking
advantage of their irresponsibility.
2. By means of motor vehicles, airships, or
other similar means
a. Intended to counteract the great
facilities found by modern criminals in
said means to commit crime and flee
and abscond once the same is
committed.
b. Use of motor vehicle is aggravating
where the accused purposely and
deliberately used the motor vehicle in
going to the place of the crime, in
carrying away the effects thereof, and in
facilitating their escape.
c. Other similar means refers to
motorized vehicles or other efficient
means of transportation similar to
automobile or airplane.
d. Not aggravating: used only to
facilitate the escape or use was merely
incidental and not purposely sought to
facilitate the commission of the offense
21. THE WRONG DONE IN THE COMMISSION
OF THE CRIME BE DELIBERATELY
AUGMENTED BY CAUSING OTHER
WRONG NOT NECESSARY FOR ITS
COMMISSION (par. 21)
Basis: Ways employed to commit the crime.
There is cruelty when the culprit enjoys and
delights in making his victim suffer slowly and
gradually, causing unnecessary physical pain
in the consummation of the criminal act.
Requisites:
1. The injury caused be deliberately
increased by causing other wrong; and
2. The other wrong be unnecessary for the
execution of the purpose of the offender.
Notes:
a. Cruelty is inherent in mutilation.
b. The wounds found on the body of the victim
must be inflicted while he was still alive in
CRIMINAL LAW
order unnecessarily to prolong physical
suffering.
c. If the victim was already dead when the acts
of mutilation were being performed, this
would also qualify the killing to murder due to
outraging of his corpse. (Art. 248)
d. Number of wounds alone does not show
cruelty, it being necessary to show that the
accused deliberately and inhumanly
increased the sufferings of the victims.
Note: Unlike mitigating circumstances (par. 10,
Art. 13), there is NO provision for aggravating
circumstances of a similar or analogous
character.
22. OTHER AGGRAVATING
CIRCUMSTANCES UNDER SPECIAL
PENAL LAWS
1. USE OF UNLICENSED FIREARMS
a. If homicide or murder is committed with
the use of an unlicensed firearm, such
use of an unlicensed firearm shall be
considered as an aggravating
circumstance. (Sec. 1, par. 3)
b. When a person commits any crime under
the Revised Penal Code or Special Laws
with the use of explosives including but
not limited to pillbox, molotov cocktail
bombs, detonation agents or incendiary
devises resulting in the death of a person,
the same is aggravating. (Sec. 3)
2. COMPREHENSIVE DANGEROUS DRUGS
ACT
a. When a crime is committed by an
offender who is under the influence of
dangerous drugs, such state shall be
considered as a qualifying aggravating
circumstances. (Sec. 25)
b. For drug pushers who use minors or
mentally incapacitated individuals as
runners, couriers and messengers, or in
any other capacity directly connected to
the dangerous drugs and/or controlled
precursors and essential chemical trade,
the maximum penalty shall be imposed in
every case. (Sec. 5)
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c. If the victim of the offense is a minor or a
mentally incapacitated individual, or
should a dangerous drug and/or a
controlled precursor and essential
chemical involved in any offense herein
provided be the proximate cause of death
of a victim thereof, the maximum penalty
provided for under this Section shall be
imposed. (Sec. 5)
SPECIFIC AGGRAVATING CIRCUMSTANCES:
a. Violation of domicile: nighttime, papers or
effects not returned immediately;
b. Interruption of religious worship: violence or
threats;
c. Direct assault: weapon, offender is a public
officer or employee, offender lays hands
upon a person in authority;
d. Grave threats: in writing, thru a middleman;
e. Robbery with violence against or intimidation
of persons: uninhabited place, band,
EXCEPT robbery with homicide or robbery
with rape; and
f. Robbery with force upon things: uninhabited
place and by a band.
g. Ignominy in crimes against chastity
h. Cruelty and treachery in crimes against
persons.
e. Alternative Circumstances
ALTERNATIVE CIRCUMSTANCES are those
that must be taken into consideration as
aggravating or mitigating according to the nature
and effects of the crime and the other conditions
attending its commission.
Basis: Nature and effects of the crime and the
other conditions attending its commission.
Alternative Circumstances:
a. Relationship;
b. Intoxication; and
c. Degree of instruction and education of the
offender.
CRIMINAL LAW
1. RELATIONSHIP
The alternative circumstance of relationship shall
be taken into consideration when the offended
party is the:
1. Spouse;
2. Ascendant;
3. Descendant;
4. Legitimate, natural, or adopted brother or
sister; or
5. Relative by affinity, in the same degree, of
the offender;
6. Stepfather or stepmother and stepson or
stepdaughter (People v. Bersabal,
G.R. No. 24532, December 11, 1925); and
7. Adoptive parent and adopted child.
When Relationship is Mitigating:
1. Crimes against property, by analogy, to the
provisions of Art. 332:
a. Robbery, usurpation, fraudulent
insolvency, and arson; and
b. Relationship is exempting in theft,
estafa, and malicious mischief.
2. Crimes against persons
a. When the offense committed is less
serious physical injuries or slight
physical injuries and the offended
party is a relative of a lower degree.
When Relationship is Aggravating:
1. Crimes against persons
a. It is aggravating where the offended
party is a relative of
i. A higher degree than the offender,
or
ii. When the offender and the
offended party are relatives of the
same degree.
b. In physical injuries
i. The crime against persons is
serious physical injuries, even if
the offended party is a descendant
of the offender. But the serious
physical injuries must not be inflicted
by a parent upon his child by
excessive chastisement.
ii. The offense committed is less
serious physical injuries or slight
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physical injuries if the offended
party is relative of a higher degree
of the offender.
c. When the crime is homicide or murder,
relationship is aggravating even if the victim
of the crime is a relative of a lower degree.
d. In rape, relationship is aggravating where
a stepfather raped his stepdaughter, or in a
case where a father rapes his own daughter.
2. Crimes against chastity
a. In acts of lasciviousness, relationship
is always aggravating, regardless of
whether the offender is a relative of a
higher or lower degree of the offended
party.
When Relationship is an Element of the
Offense
When the qualification given to the crime is
derived from the relationship between the
offender and the offended party, it is neither
mitigating nor aggravating, because it is
inseperable from and inherent in the offense.
Examples:
1. Parricide
2. Adultery
3. Concubinage
2. INTOXICATION
Basis
a. As a mitigating circumstance, it finds its
reason in the fact that when a person is under
the influence of liquor, his exercise of will
power is impaired.
b. As an aggravating circumstance, because
it is intentional, the reason is that the
offender resorted to it in order to bolster his
courage to commit a crime.
The constant use of intoxicating liquor
lessens the individual resistance to evil
thoughts and undermines the will power
making himself a potential evildoer against
those activities, society has the right for its
CRIMINAL LAW
own protection to impose a more sever
penalty.
Compare When Mitigating v. Aggravating
MITIGATING AGGRAVATING
If intoxication is not If intoxication is
habitual; or habitual; or
If intoxication is not If it is intentional
subsequent to the (subsequent to the
plan to commit a plan to commit a
felony felony)
A habitual drunkard is one given to intoxication
by excessive use of intoxicating drinks. Once
intoxication is established by satisfactory
evidence, in the absence of proof to the contrary,
it is presumed to be non-habitual or unintentional.
To be Entitled to the Mitigating Circumstance,
it Must be Shown That:
a. At the time of the commission of the criminal
act, he has taken such quantity of alcoholic
drinks as to blur his reason and deprive him
of a certain degree of control; and
b. Such intoxication is not habitual, or
subsequent to the plan to commit the felony.
Note:
a. Intoxication must diminish the agent’s
capacity to know the injustice of his acts, and
his will to act accordingly.
b. The quantity consumed prior to the
commission of the crime must be sufficient to
produce the effect of obfuscating reason.
(People v. Rebucan, G.R. No. 182551, July
27, 2011)
c. To be considered as a mitigating
circumstance, it must be proven that the
accused is not a habitual drinker and did not
take the alcohol in order to reinforce his
resolve to commit the crime. (People v
Ortega, G.R. No. 135846, June 28, 2001)
3. DEGREE OF INSTRUCTION AND
EDUCATION OF THE OFFENDER
It does not refer only to literacy but more to the
level of intelligence of the accused.
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Notes: 5. Legal grounds for arbitrary detention. (Art.

a. Refers to the lack of sufficient intelligence 124)
and knowledge of the full significance of 6. Legal grounds for trespass. (Art. 280)
one’s acts. 7. The crime of theft, swindling or malicious
b. Low degree of instruction and education or mischief is committed against a relative. (Art.
lack of it is generally mitigating. 332)
c. High degree of instruction and education is 8. When only slight or less serious physical
aggravating when the offender avails himself injuries are inflicted by the person who
of his learning in committing the crime. surprised his spouse or daughter in the act
of sexual intercourse with another person.
General Rule: Lack of sufficient education is (Art. 247)
mitigating. 9. Marriage ofthe offender with the offended
Exceptions: (PCTMR) party when the crime committed is rape,
a. Crimes against Property (e.g., arson, estafa, abduction, seduction, or acts of
theft, robbery); lasciviousness. (Art. 344)
b. Crimes against Chastity; 10. Mistake of fact
c. Treason: because love of country should be
Note: To constitute a crime, evil intent must
a natural feeling of every citizen, however
combine with an act. A mistake of fact shows
unlettered or uncultured he may be;
that the act committed have proceeded from
d. Murder; and
no sort of evil in the mind and thus
e. Rape
necessarily relieves the actor from criminal
g. Absolutory Cause liability. The applicable maxims here are
actus non facit reum nisi mens sit rea (the
ABSOLUTORY CAUSES are those where the act itself does not make man guilty unless
act committed is a crime but for reasons of public his intention were so) and actus me incito
policy and sentiment there is no penalty factus non est meus actus (an act done by
imposed. me against my will is not my act). (U.S. v. Ah
Chong, G.R. No. L-5272, March 19, 1910)
Basis: A sound public policy requires that the Entrapment v. Instigation
courts shall condemn this practice by directing
ENTRAPMENT INSTIGATION
the acquittal of the accused.
The ways and means Instigator practically
are resorted to for the induces the would-
Absolutory causes are neither justifying nor
purpose of trapping be accused into the
exempting circumstances but nonetheless
and capturing the commission of the
similarly results to no criminal liability on the actor,
lawbreaker in the offense and himself
not because they are justified (Article 11) nor
execution of his becomes a co-
exempt (Article 12), but because of public policy.
criminal plan; principal;
NOT a bar to Accused will be
1. Instigation
accused’s acquitted; and
2. Spontaneous desistance during attempted
prosecution and
stage (Art. 6), and no crime under another
conviction; and
provision of the Code or other penal law is
committed. NOT an absolutory Absolutory cause
3. Light felony is only attempted or frustrated, cause.
and is not against persons or property. (Art.
7) ———— end of topic ————
4. The accessory is a relative of the principal.
(Art. 20)

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III. PERSONS LIABLE AND DEGREE OF

PARTICIPATION As to the imposition of other penalties like
destierro and imprisonment, these are imposed
a. Principals, accomplices, and accessories
and executed on individuals only and not for
PRINCIPALS CRIMINALLY LIABLE FOR juridical persons.
GRAVE AND LESS GRAVE FELONIES
2. Passive Subject
Art. 16. Who are criminally liable. — The The passive subject of a crime is the person
following are criminally liable for grave and injured. The holder of the injured right is the man,
less grave felonies: (PAA) the juristic person, the group, and the State.
a. Principals;
b. Accomplices; and Corporations and partnerships can be passive
c. Accessories subjects of a crime.

PRINCIPALS CRIMINALLY LIABLE FOR Corpses and animals cannot be passive subjects
LIGHT FELONIES because they have no rights that may be injured.

The following are criminally liable for light Exception:

felonies: (PA) Under Article 253, the crime of defamation may
1. Principals; and be committed if the imputation tends to blacken
2. Accomplices; the memory of one who is dead.

PARTIES IN ALL CRIMES It should be Noted that Article 16 only applies

1. Active Subject
The active subject is the criminal. Only natural
persons can be the active subjects of a crime
because of the highly personal nature of the
criminal responsibility.
Under the Revised Penal Code, persons act with
personal malice or negligence; artificial persons
cannot act with malice or negligence.
A juridical person like a corporation cannot
commit a crime that requires willful purpose of
malicious intent. Criminal actions are restricted or
limited to the officials of the corporation and never
directed against the corporation itself, except
under: (4) (SPEC)
1. Securities Law;
2. Public Service Law;
3. Election Code; and
4. Corporation Law
There is substitution of deprivation of liberty for
pecuniary penalties in insolvency cases.
when the offenders are to be judged by their
individual, and not collective liability.
PRINCIPAL
Art. 17. Principals. — The following are
considered principals: (DIC)
a. Those who take a Direct part in the
execution of the act;
b. Those who directly force or Induce
others to commit it;
c. Those who Cooperate in the commission
of the offense by another act without which it
would not have been accomplished.
3. By Direct Participation
Requisites: (PC)
1. They Participated in the criminal resolution;
and
2. They Carried out their plan and personally
took part in its execution by acts, which directly
tended to the same end.
a. When this element is lacking, there is
only conspiracy.

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In conspiracy by prior agreement, the principal
by direct participation who does not appear at the
scene of the crime is not liable, because:
a. Non-appearance is deemed desistance
which is favored and encouraged;
b. Conspiracy is generally not a crime unless
the law specifically provides a penalty and
c. There is no basis for criminal liability because
there is no criminal participation
d. At best, he can be a principal by inducement.
2. By Inducement
Requisites: (IDN)
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; and
3. Without such inducement the crime would
Not have been committed.
Ways of Becoming Principal by Induction:
a. By directly forcing another to commit a
crime
b. Using irresistible force; or
c. By causing uncontrollable fear;
In these cases, there is no conspiracy, not even a
unity of criminal purpose and intention. Only the
one using force or causing fear is criminally liable.
By directly inducing another to commit a
crime;
a. By giving price, or offering reward or
promise;
• Both the one giving the price, offering
reward, or promise and the one
committing the crime in consideration
thereof are principals;
b. 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;
CRIMINAL LAW
• There is also collective criminal
responsibility.
REQUISITES (for a person using words of
command to be held liable as principal)
(IADP-PN)
1. The one uttering the words of command must
have the Intention of procuring the
commission of the crime;
2. The one who made the command must have
Ascendancy or influence over the person
who acted;
3. The words used must be so Direct, so
efficacious, so Powerful as to amount to
physical or moral coercion;
4. The words of command must be uttered Prior
to the commission of the crime; and
5. The material executor of the crime has No
personal reason to commit the crime.
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 kind 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.
A thoughtless expression without intention to
produce the result is not an inducement to commit
a crime.
If the crime committed is not contemplated in the
order given, the inducement is not material and
not the determining cause thereof.
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Compare Principal By Inducement and a. Participation in the criminal resolution;

Offender Who Made Proposal To Commit A b. There must be Conspiracy;
Felony c. Concurrence is sufficient; and
OFFENDER WHO d. Cooperation is indispensable;
PRINCIPAL BY MADE A PROPOSAL
INDUCEMENT TO COMMIT A 2. Cooperation in the commission of the offense
FELONY by performing Another act, without which it
There is an inducement to commit a crime would not have been accomplished. It should
LIABILITY be Noted that: (CDN)
Principal becomes Mere proposal to a. Cooperation must be indispensable;
liable only when the commit a felony is b. If participation is Dispensable, accused
crime is committed by punishable in treason is only an accomplice, not a principal;
the principal by direct or rebellion; and
participation; and c. If cooperation is Necessary in the
The person to whom execution of the offense, accused is
the proposal is made considered as a principal by direct
should not commit the participation.
crime, otherwise, the
proponent becomes a To cooperate means to desire or wish in
Principal by common a thing. But that common will or
inducement; and purpose does not necessarily mean previous
CRIME INVOLVED understanding, for it can be explained or inferred
from the circumstances of each case. (People v.
Involves any crime. Must involve only
Aplegido, G.R. No. L-163, April 27, 1946).
treason or rebellion.

There can be no principal by inducement or

Effects of acquittal of principal by direct
principal by cooperation unless there is a
participation upon the liability of principal by
principal by direct participation. However, there
inducement:
may be a principal by direct participation despite
1. Conspiracy is negated by the acquittal of co-
the absence of the former.
defendant.
2. One cannot be held guilty of having instigated
INDIVIDUAL CRIMINAL RESPONSIBILITY
the commission of a crime without first being
In the absence of conspiracy, unity of criminal
shown that the crime has been actually
purpose and intention immediately before the
committed by another.
commission of the crime, or community of
3. But, if the one charged as principal by direct
criminal design, the criminal responsibility
participation is acquitted, it does not
arising from different acts directed against one
necessarily lead to the acquittal of the
and the same person is individual and not
principal by inducement.
collective, and each of the participants is liable
only for acts committed by him. (U.S. v.
3. By Indispensable Cooperation
Magcomot, G.R. No. L- 18289, November 17,
1922).
Requisites: (PA)
1. Participation in the criminal resolution, that
COLLECTIVE CRIMINAL RESPONSIBILITY
is, there is either anterior conspiracy or unity
There is collective criminal responsibility
of criminal purpose and intention
when the offenders are criminally liable in the
immediately before the commission of the
same manner and to the same extent. The
crime charged. This, in turn, requires the
penalty to be imposed must be the same for all.
following: (PCCC)

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BY DIRECT BY INDISPENSABLE
BY INDUCEMENT
PARTICIPATION COOPERATION
Takes part in the 1. Directly forcing another to commit a Cooperates in the commission of
execution of the act crime by: the offense by performing
constituting the crime; (a) using irresistible force; another act, without which it
(b) causing uncontrollable fear; would not have been
accomplished; and
2. Directly inducing another to commit a
crime by:
(a) giving price, or offering reward or
promise;
(b) using words of command
COLLECTIVE CRIMINAL RESPONSIBILITY
If there is no Principal, Principal has criminal collective
conspiracy, then each responsibility with the principal
offender is only liable EXCEPT by direct participation
for the acts performed that who directly forced another to commit a
by him; and crime, and principal by direct participation
1. In case of
Principals have Inducemen by forcing another to commit a
collective criminal crime, either through: (a) irresistible force or
responsibility (b) uncontrollable fear

The inducer is liable as the principal, while

the material executor is not liable due to Art.
12 pars. 5 and 6

2. In case of inducing another to commit a

crime by
either:
(a) giving price or offering reward or
promise or
(b) through the use of words of command:
there is collective criminal responsibility

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ACCOMPLICE Some of the offenders in the crime are principals

and the others as accomplices.
Art. 18. Accomplices. — Accomplices are
those persons who, not being included in Art. Compare Accomplice v. Principal in General
17, cooperate in the execution of the offense ACCOMPLICE PRINCIPAL
by previous or simultaneous acts. PARTICIPATION
Does not take direct Either takes direct part
Requisites: part in the in the commission of
1. There be community of design; that is, commission of the the act, induces, or
Knowing the criminal design of the act, does not force or forces another to
principal by direct participation, he concurs induce others to commit it, or
with the latter in his purpose. The following commit it, or does not cooperates in the
should be Noted: cooperate in the commission of the
a. Knowledge of the criminal design of the commission of the crime by another act,
principal can be acquired by the crime by another act, without which it would
accomplice when: without which it would not have been
b. The principal informs or tells the not have been accomplished; and
accomplice of the former’s criminal accomplished, yet
design; and cooperates in the
c. The accomplice saw the criminal acts of execution of the act
the principal; by previous or
d. The community of design need not be simultaneous means,
to commit the crime actually committed. and
It is sufficient if there was a common KNOWLEDGE
purpose to commit a particular crime Has knowledge of the Has knowledge of the
and that the crime actually committed
criminal design of the criminal design and
was a natural or probable consequence
principal and merely carries/executes it
of the intended crime;
concurs with the
2. He cooperates in the execution of the offense criminal purpose
by Previous or simultaneous acts, with the
intention of supplying material or moral aid in
Accomplice v. Principal By Indispensable
the execution of the crime in an efficacious
Cooperation
way. The following should be Noted:
ACCOMPLICE PRINCIPAL BY
a. The cooperation of the accomplice is
INDISPENSABLE
only necessary, not indispensable;
COOPERATION
b. The cooperation is not due to a
Necessity of Participation
conspiracy; and
c. The wounds inflicted by an accomplice Participation is not Participation is
in crimes against persons should not indispensable and indispensable; and
have caused the death of the victim; Degree of Participation
d. Being present and giving moral support Cooperates in the Participates in the
when a crime is being committed where execution of the criminal resolution, in
it may be through advice, offense by previous such a way that there is
encouragement or agreement; and or simultaneous acts, either anterior
3. There should be a Relation between the acts with the intention of conspiracy or unity of
done by the principal and those attributed to supplying material or criminal purpose and
the person charged as accomplice. moral aid in the intention immediately
execution of the before the commission
Quasi-Collective Responsibility of the crime charged

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crime in an reached the decision, themselves have

efficacious way and only then do they decided upon such
agree to cooperate in course of action; and
Accomplice v. Principal By Direct its execution; and
Participation They are merely They are the authors of
a. There is community of criminal design. instruments who a crime
b. In case of doubt, it shall be resolved in favor perform acts not
of lesser responsibility, that is, that of mere essential to the
accomplice. perpetration of the
c. Between the principals and the accomplices, offense
there is no conspiracy.
ACCESSORY
Compare Accomplice v. Principal By Direct
Participation Art. 19. Accessories. — Accessories are those
ACCOMPLICE PRINCIPAL BY who, having knowledge of the commission of
DIRECT the crime, and without having participated
PARTICIPATION therein, either as principals or accomplices,
Community of Community of criminal take part subsequent to its commission in any
criminal design, design of the following manners: (3) P- C/D-E
however such
community need not 1. By profiting themselves or assisting
be to commit the the offender to profit by the effects of
crime actually the crime;
committed; 2. By concealing or destroying the body
of the crime, or the effects or
Sufficient that there instruments thereof, in order to
was a common prevent its discovery;
purpose to commit a 3. By harboring, concealing, or assisting
particular crime and in the escape of the principals of the
that the crime actually crime, provided the accessory acts
committed was a with abuse of his public functions or
natural or probably whenever the author of the crime is
consequence of the guilty of treason, parricide, murder, or
intended crime. an attempt to take the life of the Chief
No clear-cut distinction between the acts of the Executive, or is known to be habitually
accomplice and those of the principal by direct guilty of some other crime.
participation; and
Between principals Between principals and Notes:
liable for the same accomplices, there is a. An accessory does not participate in the
offense, there must no conspiracy criminal design, nor cooperate in the
be conspiracy commission of the felony, but, with
knowledge of the commission of the crime, he
Compare Accomplice v. Conspirator subsequently takes part in three ways:
ACCOMPLICE CONSPIRATOR i. Profiting from the effects of the crime;
ii. Concealing the body, effects or
They know and agree with the criminal design
instruments of the crime in order to
They come to know They come to know the
prevent its discovery; and
about it after the criminal intention
principals have because they

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iii. Assisting in the escape or
concealment of the principal of the
crime, provided he acts with abuse of
his public functions or the principal 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.
b. An accessory must have knowledge of the
commission of the crime, and having that
knowledge, he took part subsequent to its
commission.
c. The crime committed by the principal must be
proved beyond reasonable doubt.
SPECIFIC ACTS OF ACCESSORIES:
1. BY PROFITING THEMSELVES OR
ASSISTING THE OFFENDER TO PROFIT
BY THE EFFECTS OF THE CRIME;
a. The crime committed by the principal under
this paragraph may be any crime, provided it
is not a light felony
b. Profiting themselves by the effects of the
crime
i. The accessory should not take the
property without the consent of the
principal
ii. When a person knowingly acquired or
received property taken by the
brigands, the crime is punished as the
act of the principal, not the act of the
accessory
c. Assisting the offender to profit by the effects
of the crime
2. BY CONCEALING OR DESTROYING THE
BODY OF THE CRIME, OR THE EFFECTS
OR INSTRUMENTS THEREOF, IN ORDER
TO PREVENT ITS DISCOVERY;
1. The crime committed by the principal under
this paragraph may be any crime, provided it
is not a light felony; and
2. Body of the crime is the corpus delicti,
that someone in fact committed a specific
offense;
3. There must be an attempt to hide the body
of the crime;
CRIMINAL LAW
4. The stolen property is the effect of the crime.
The pistol or knife is the instrument of the
crime;
3. BY HARBORING, CONCEALING, OR
ASSISTING IN THE ESCAPE OF THE
PRINCIPALS 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.
Classes of Accessories Contemplated in
Part. 3:
1. Public officers, who harbor, conceal or
assist in the escape of the principal of any
crime (not light felony) with abuse of his
public functions; and
Requisites: (PHAE)
1. The accessory is a Public officer;
2. He Harbors, conceals, or assists in the
escape of the principal;
3. He acts with Abuse of his public function;
and
4. The crime committed by the principals is any
crime, Except a light felony; and
2. Private persons, who harbor, conceal or
assist in the escape of the author of the
crime – guilty of treason, parricide, murder, or
an attempt against the life of the President, or
who is known to be habitually guilty of some
other crime.
Requisites: (PHP-TPMPH)
1. The accessory is a Private person;
2. He Harbors, conceals or assists in the
escape of the author of the crime;
3. The crime committed by the Principal is
either:
4. Treason;
5. Parricide;
6. Murder;
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7. An attempt against the life of the President; PLEASE SEE SPL REVIEWER, ANTI-
or FENCING LAW AND THE DECREE
8. That the principal is known to be Habitually PENALIZING OBSTRUCTION OF JUSTICE,
guilty of some other crime. READ IN RELATION TO THE TOPIC ON
ACCESSORIES p. 293
PUBLIC OFFICERS PRIVATE PERSONS
Harbors, conceals or Harbors, conceals or PERSONS EXEMPT FROM CRIMINAL
assists in the escape assisting the escape LIABILITY
of the principal of any of the author of the
crime; crime; Art. 20. Accessories who are exempt from
Accessory is a public Accessory is a criminal liability. — The penalties prescribed
officer; private person; for accessories shall not be imposed upon
Public officer acts No abuse required those who are such with respect to their
with abuse of his (not a public officer); spouses, ascendants, descendants,
public functions; and and legitimate, natural, and adopted brothers and
Crime committed by Crime committed by sisters, or relatives by affinity within the same
the principal involves the principal is either: degrees, with the single exception of
any crime, except (a) treason, accessories falling within the provisions of
light felonies. (b) parricide, paragraph 1 of the next preceding article.
(c) murder,
(d) an attempt Notes:
against the life of the a. The exemption is based on the ties of blood
President, or and the preservation of the cleanliness of
(e) that the principal one’s name.
is known to be b. An accessory is exempt from criminal liability,
habitually guilty of when the principal is his— (4) (SADR)
some other crime. 1. Spouse;
2. Ascendant;
Notes: 3. Descendant; or
a. The accessories’ liability is subordinate and 4. Legitimate, natural or adopted brother,
subsequent. sister, or Relative by affinity within
b. Conviction of an accessory is possible the same degree.
notwithstanding the acquittal of the principal, c. The accessory is not exempt from criminal
if the crime was in fact committed, but the liability even if the principal is related to him,
principal was not held criminally liable, if such accessory:
because of an exempting circumstance. 1. Profited by the effects of the crime;
c. Even if the principal is still unknown or at 2. Assisted the offender to profit by the
large, the accessory may be held responsible effects of the crime; and
provided the requisites prescribed by law for Note: Such acts are prompted not by
the existence of the crime are present and affection but by a detestable greed.
that someone committed it. d. Only accessories under Art. 19 (2) and (3) are
d. Where the commission of the crime and the exempt from criminal liability if they are
responsibility of the accused as an related to the principals.
accessory, are established, the accessory e. Ties of blood or relationship constitute a more
can be convicted, notwithstanding the powerful incentive than the call of duty.
acquittal of the principal. (Vino v. People,
G.R. No. 84163, October 19, 1989).

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b. Conspiracy and Proposal Exception: They are punishable only in the

cases in which the law specially provides a
Art. 8. Conspiracy and proposal to commit penalty therefor.
felony. — Conspiracy and proposal to commit
felony are punishable only in the cases in Examples of the Exception:
which the law specially provides a penalty 1. Treason;
therefor. 2. Rebellion;
3. Insurrection;
A conspiracy exists when two or more 4. Coup d’etat;
persons come to an agreement concerning 5. Sedition;
the commission of a felony and decide to 6. Monopolies and combinations in
commit it. restraint of trade;
7. Espionage;
There is proposal when the person who has 8. Highway robbery;
decided to commit a felony proposes its 9. Illegal association;
execution to some other person or persons. 10. Selected acts committed under the
Comprehensive Dangerous Drugs Act;
Conspiracy and proposal to commit a crime are 11. Arson; and
only preparatory acts, and the law regards them 12. Terrorism under the Human Security Act.
as innocent or at least permissible except in rare
and exceptional cases. Conspiracy as a felony v. Conspiracy as a
means of incurring criminal liability
CONSPIRACY FELONY MANNER OF
Exists when two or more persons come to an INCURRING
agreement concerning the commission of a CRIMINAL
felony and decide to commit it. LIABILITY
Conspirators should If the conspirators
Direct proof is not essential to establish
not actually commit commit treason, they
conspiracy.
treason, rebellion, will be held liable for
etc., it being sufficient treason, and the
Conspiracy must be alleged in the information in
that two or more conspiracy which
order that an accused may be held liable for the
persons agree and they had before
acts of his co-accused.
decide to commit it; committing treason is
and the crime was only a manner of
Requisites: (ACD)
actually committed; incurring criminal
1. Two or more persons came to an Agreement;
and liability, not treated as
2. The agreement pertains to the Commission
a separate offense
of a felony; and
but used to determine
3. The execution of the felony was Decided
the liability of the
upon.
offenders;
Felony relates to a Conspiracy is not
There must be participation with a criminal
crime actually treated as a separate
resolution because simple knowledge thereof by
committed. offense but is used to
a person may only make him liable as an
determine the liability
accomplice.
of the offenders; and
The act of one is the
General Rule: Conspiracy and proposal to
act of all.
commit felony are not punishable.

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General Rule: When conspiracy as a manner of
incurring criminal liability is established, all who
participated therein, irrespective of the quantity or
quality of his participation is liable equally,
whether conspiracy is pre-planned or
instantaneous.
Exception: Unless one or some of the
conspirators committed some other crime which
is not part of the intended crime.
Exception to the Exception: When the act
constitutes a “single indivisible offense.”
Doctrine of Implied Conspiracy
When the defendants by their acts aimed at the
same object, one performing one part and the
other performing another part so as to complete
it, with a view to the attainment of the same object
and their acts, though apparently independent,
were in fact concerted and cooperative, indicating
closeness of personal association, concerted
action and concurrence of sentiments, the court
will be justified in concluding that said defendants
were engaged in a conspiracy.
Spontaneous Agreement
a. Active cooperation by all offenders;
b. Contributing by positive acts to the realization
of a common criminal intent; and
c. Presence during the commission of the crime
by a band and lending moral support thereto.
Proposal to Commit a Felony
When the person who has decided to commit a
felony proposes its execution to some other
person or persons.
The law does not require that the proposal be
accepted by the person to whom the proposal is
made.
Requisites:
1. A person has decided to commit a felony;
and
2. He proposes its execution to some other
person or persons
CRIMINAL LAW
Note: There is no criminal proposal when:
a. The person who proposes is not determined
to commit the felony;
b. There is no decided, concrete and formal
proposal; and
c. It is not the execution of the felony that is
proposed.
Note: Proof of conspiracy may be direct or
circumstantial. So long as the evidence
presented show a "common design or purpose"
to commit the crime, all of the accused shall be
held equally liable as co-principals even if one or
more of them did not participate in all the details
of the execution of the crime. For this reason, the
fact of conspiracy "must be proven on the same
quantum of evidence as the felony subject of the
agreement of the parties," i.e. proof beyond
reasonable doubt. Mere presence at the scene of
the crime is not by itself indicative of conspiracy
between the accused. (Benito v. People, G.R. No.
204644, J. LEONEN, February 11, 2015.)
If one fraternity attacks members of another
fraternity, considering the group mentality of
fraternities and the fact that fraternity members
usually act as one, it is quite possible that they
knew the identities of their attackers but chose not
to disclose it without conferring with their
fraternity brothers. If conspiracy is proven, the
liability of the assailants should not be
distinguished based on the seriousness of the
injuries suffered by the victims, because the “act
of one is the act of all” in crimes with conspiracy.
(People v Feliciano, G.R. No. 196735, J.
LEONEN May 5, 2014)
As a general rule, only public officials can be held
liable for violating the Anti-Graft and Corrupt
Practices Act. However, private persons may be
held liable if they act in conspiracy with a public
official. This is consistent with the policy behind
the statute, which is "to repress certain acts of
public officers and private persons alike which
may constitute graft or corrupt practices, or which
may lead thereto." If a private person may be tried
jointly with public officers, he or she may also be
convicted jointly with them. (Garcia-Diaz v.
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Sandiganbayan, G.R. 193236 & 193248-49, J. HABITUALITY (REITERACION)

LEONEN, September 17, 2018.)
Requisites: (TSC)
c. Multiple Offenders 1. The accused is on Trial for an offense;
2. He previously Served sentence for another
Four Forms of Repetition:
offense to which the law attaches an equal or
1. Recidivism (Art. 14, par. 9);
greater penalty, or for 2 or more crimes to
2. Reiteracion or habituality (Art. 14, par. 10);
which it attaches lighter penalty than that for
3. Multi-recidivism or habitual delinquency (Art.
the new offense; and
62, par. 5); and
3. He is Convicted of the new offense.
4. Quasi-recidivism (Art. 160).
MULTI-RECIDIVISM or HABITUAL
RECIDIVISM
DELINQUENCY

A recidivist is one who, at the time of his trial for

A person, within the period of 10 years from the
one crime, shall have been previously convicted
date of his last release or last conviction of the
by final judgment of another crime embraced in
crime of serious or less serious physical injuries,
the same title of the RPC. (People v. Lagarto,
robbery, theft, estafa or falsification, is found
G.R. No. 65833, 1991)
guilty of any of said crimes a third time or oftener.
In habitual delinquency, the offender is either a
REQUISITES: (TPEC)
recidivist or one who has been previously
1. The offender is on Trial for an offense;
punished for two or more offenses. He shall suffer
2. He was Previously convicted by final
an additional penalty for being a habitual
judgment of another crime;
delinquent.
3. Both the first and the second offenses are
Embraced in the same title of the Code; and
Effects of habitual delinquency:
4. The offender is Convicted of the new offense.
1. Habitual delinquency has the effect, not only
of increasing the penalty because of
“At the time of his trial for one crime”
recidivism which is generally implied in
What is controlling is the time of trial, not the time
habitual delinquency, but also of imposing an
of the commission of the crime. It is sufficient that
additional penalty.
the succeeding offense be committed after the
i. Upon a third conviction, the culprit shall
commission of the preceding offense, provided
be sentenced to the penalty provided by
that at the time of his trial for the second offense,
law for the last crime of which he is
the accused had already been convicted of the
found guilty and to the additional
first offense.
penalty of prisidn correccional in its
medium and maximum periods.
Trial is meant to include everything that is done in
ii. Upon a fourth conviction, the culprit
the course of the trial, from arraignment until after
shall also be sentenced to the additional
sentence is announced by the judge in open
penalty of prisidn mayor in its minimum
court.
and medium periods.
iii. Upon a fifth or additional conviction, the
Pardon does not prevent a former conviction from
culprit shall also be sentenced to the
being considered as an aggravating
additional penalty of prisidn mayor in its
circumstance, but amnesty extinguishes the
minimum period to reclusion temporal
penalty and its effects.
in its minimum period.
2. An accused who is a habitual delinquent will
not benefit from a favorable retroactive
application of a penal law (Article 22).

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3. In case of the commission of another crime
during service of penalty, a habitual delinquent
shall not be pardoned at the age of 70 years
even if he already served out his original
sentence (Article 160).
4. A habitual delinquent will not be entitled to the
one-half deduction from term of imprisonment
under Article 29.
5. The Indeterminate Sentence Law shall not
apply to those who are habitual delinquents
(Sec. 2, Act No. 4103).
Requisites: (CAC)
1. The offender had been Convicted of any of
the crimes of serious or less serious physical
injuries, robbery, theft, estafa or falsification;
2. After that conviction or after serving his
sentence, and within 10 years from his first
conviction or release, he Again commits any
of said crimes for the second time;
3. After his conviction of, or after service
sentence for, the second offense, and within
10 years from his last conviction or last
release for said second offense, he again
Committed any of said crimes and also
convicted, the third time or oftener.
CRIMINAL LAW
E.g. If A was convicted of and served sentence for
theft in 1935; after his release he committed
homicide (Art. 249), was convicted in 1937, and
was released in 1951; and in 1957 was convicted
of rape (Art. 335); he is not a habitual delinquent
even if he was convicted the third time. Homicide
and rape are not mentioned in the definition of
habitual delinquency. (Molesa vs. Director of
Prisons, 59 Phil. 406, 408)
QUASI-RECIDIVISM
Any person who shall commit a felony after
having been convicted by final judgment, before
beginning to serve such sentence or while
serving the same, shall be punished by the
maximum period of the penalty prescribed by law
for the new felony.
Defendant, while serving his sentence in Bilibid
for one crime, struck and stabbed the foreman of
the brigade of prisoners. Under Article 160 of the
Code, he shall be punished with the maximum
period of the penalty prescribed by the law for the
new felony. (People vs. Durante, 53 Phil. 363,
372)
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COMPARATIVE TABLES

HABITUAL DELINQUENCY V. RECIDIVISM

HABITUAL DELINQUENCY RECIDIVISM

As to crimes committed
The crimes arespecified. The crimes must be embraced in the same title
of the Code.
As to the period of time the crimes are committed
The offender found guilty of any of the crimes No period of time between the former conviction
specified within 10 years from his last release or last and the last conviction is fixed by law.
conviction.
As to the number of crimes committed
The accused must be found guilty the third time or A second conviction is sufficient.
oftener.
As to their effects
If there is habitual delinquency, an additional penalty is If not offset by a mitigating circumstance, serves
also imposed. to increase the penalty only to the maximum.

HABITUAL DELINQUENCY V. HABITUALITY/REITERACION

HABITUAL DELINQUENCY HABITUALITY/REITERACION

A final judgment has been rendered in the first offense.
The offenses must be included in the same title of the
Code.
Always taken as an aggravating circumstance.
It is necessary that the offender shall have
served out his sentence for the first offense.
The previous and subsequent offenses must not
be embraced in the same title of the Code.
Not always an aggravating circumstance.

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HABITUALITY/REITERACION HABITUAL QUASI-RECIDIVISM

RECIDIVISM DELINQUENCY
AS TO CRIMES COMMITTED
Crimes involved Involves any crime. The crimes are Involves any crime (must
must be embraced specified (serious or be pointed out that the
in the same title of less serious second offense must be
the Code. physical injuries, a felony, while the first
robbery, theft, offense need not be).
estafa, or
falsification).
AS TO THE PERIOD OF THE CRIMES ARE COMMITTED
Offender is on trial Offender previously served After conviction and Offender has been
for an offense and sentence for another offense to serving out his convicted of an offense
is subsequently which the law attaches an sentence, offender and commits another
convicted of the equal or greater penalty, or for is convicted again of felony before or during
new crime. two or more crimes to which it any of the second serving sentence.
attaches lighter penalty than crimes and that
that for the new offense. after conviction and
serving out his
sentence for the
second crime,
offender again
committed and was
convicted within 10
years from his last
sentence or
conviction of any of
the crimes specified
the third time or
oftener.
AS TO THEIR EFFECTS
A generic A generic aggravating An extraordinary A special aggravating
aggravating circumstance. aggravating circumstance.
circumstance. circumstance
(imposes an
additional penalty).

———— end of topic ————

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IV. PENALTIES General Rule: Penal laws are applied

prospectively.
General Principles
Penalty is the suffering that is inflicted by the
Exception: When retrospective application will
State for the transgression of the law.
be favorable to the person guilty of a felony,
provided that:
Different Juridical Conditions of Penalty
1. The offender is NOT a habitual criminal
(LEPPC3)
(delinquent) under Art. 62(5); and
a. Legal: it is the consequence of a judgment
2. The new or amendatory law does NOT
according to law;
provide against its retrospective application.
b. Equal for all;
c. Productive of suffering without, however,
Rationale for the exception in art. 22:
affecting the integrity of the human
Basis: Strict justice and not on political
personality;
considerations. The sovereign, in enacting
d. Personal: no one should be punished for the
subsequent penal law more favorable to the
crime of another;
accused, has recognized that the greater severity
e. Commensurate with the offense: different
of the former law is unjust.
crimes must be punished with different
penalties;
The sovereign would be inconsistent if it would
f. Certain: no one must escape its effects; and
still enforce its right under the conditions of the
g. Correctional.
former law, which has already been regarded by
conscientious public opinion as juridically
Theories Justifying Penalties
burdensome.
a. Prevention: to prevent or suppress the
danger to the State arising from the criminal
Note: No retroactive effect even when favorable
act;
to the accused – if the new law is expressly
b. Self-defense: to protect society from the
made inapplicable to pending actions or existing
threat and wrong inflicted by a criminal;
causes of action. (Tavera v. Valdez, 1 Phil 468,
c. Reformation: to correct and reform the
1902).
offender;
d. Exemplarity: the criminal is punished to
HABITUAL DELINQUENT
serve as an example to deter others from
A person who within a period of 10 years from the
committing crimes; and
date of his release or last conviction of the
e. Justice: that crime is punished by the State
crimes of serious or less serious physical injuries,
as an act of retributive justice, a vindication of
robbery, theft, estafa, or falsification, is found
absolute right and moral law violated by the
guilty of any said crimes a third time or oftener.
criminal.

Notes:
Penalties That may be Imposed
a. If retroactive effect of a new law is justified, it
General Rule: A felony shall be punishable only
shall apply to the defendant even if he is:
by the penalty prescribed by law at the time of its
b. Presently on trial for the offense;
commission.
c. Has already been sentenced but service of
Note: Art. 21 implements the constitutional
which has not begun; or
prohibition against ex post facto laws. It reflects
d. Already serving sentence.
the maxim that there is no crime without a penalty
e. The retroactive effect of criminal statutes
and that there is no penalty without a law (nullum
does NOT apply to the culprit’s civil liability.
crimen sine poena; nulla poena sine lege). But
as provided in Art. 22, ex post facto laws are
allowed if favorable to the accused.

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Reason:
a. The rights of offended persons or innocent
third parties are not within the gift of arbitrary
disposal of the State.
b. The provisions of Art. 22 are applicable even
to special laws, which provide more favorable
conditions to the accused.
Criminal liability under the repealed law
subsists:
1. When the provisions of the former law are
reenacted;
2. The right to punish offenses committed under
an old penal law is not extinguished if the
offenses are still punishable in the repealing
penal law;
3. When the repeal is by implication; or 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. If the repeal is absolute,
criminal liability is obliterated; and
4. When the repeal is absolute, the offense
ceases to be criminal. (People v. Tamayo,
G.R. No. L-41423, 1935).
5. When there is a saving clause.
Notes:
a. No retroactive effect of penal laws as regards
jurisdiction of court.
b. Jurisdiction of the court to try a criminal action
is to be determined by the law in
c. Force at the time of instituting the action, not
at the time of the commission of the crime.
d. Jurisdiction of courts in criminal cases is
determined by the allegations of the
complaint or information, and not by the
findings the court may make after trial.
(People v. Romualdo, G.R. No. L- 3686,
1952)
d. According to L.B. Reyes, Art. 22 is NOT
applicable to the provisions of the RPC. Its
application to the RPC can only be invoked
where some former or subsequent law is
under consideration.
BILL OF ATTAINDER - A legislative act which
inflicts punishment without a trial.
CRIMINAL LAW
ACT PROHIBITING THE IMPOSITION OF
DEATH PENALTY IN THE PHILIPPINES (R.A.
9346)
Note: Currently, the imposition of the death
penalty has been prohibited pursuant to Republic
Act No. 9346. (PLEASE SEE SPL REVIEWER,
ON RA. 9346).
PURPOSES
1. Retribution or expiation - the penalty is
commensurate with the gravity of the offense;
2. Correction or reformation - as shown by the
rules which regulate the execution of the
penalties consisting in the deprivation of
liberty; and
3. Social defense - shown by its inflexible
severity to recidivists and habitual
delinquents.
a. Imposable Penalties
b. Classification
Notes:
a. The scale in Art. 25 is only a general
classification of penalties based on their
severity, nature and subject matter.
b. The scale of penalties under Art. 70 is
provided for successive service of sentences
imposed on the same accused in
consideration of their severity and
natures.
c. The scale in Art. 71 are for the purpose of
graduating the penalties by degrees in
accordance with the rules in Art. 61.
CLASSIFICATION OF PENALTIES BASED ON
THEIR NATURE
1. Principal: those expressly imposed by the
court in the judgment of conviction. It can be
further classified as follows:
a. Divisible: those which have fixed
duration and are always divisible into
three periods, namely: maximum,
medium, and minimum, e.g. prision
mayor;
b. Indivisible: those which have no fixed
duration. These are:
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i. Death; CLASSIFICATION ACCORDING TO SUBJECT-

ii. Reclusion Perpetua; MATTER (CDR-DP)
iii. Perpetual absolute or a. Corporal (death)
special disqualification; and b. Deprivation of freedom (reclusion, prision,
iv. Public censure; arresto);
c. Restriction of freedom (destierro);
2. Accessory: those that are deemed included d. Deprivation of rights (disqualification and
in the imposition of the principal penalties, suspension); and
namely: e. Pecuniary (fine).
a. Perpetual or temporary absolute
disqualification; CLASSIFICATION ACCORDING TO THEIR
b. Perpetual or temporary special GRAVITY (CA-CL-Co)
disqualification; 1. Capital:
c. Suspension from public office, the right to a. Death (Now prohibited under RA 9346);
vote and be voted for, the profession or 2. Afflictive:
calling; a. Reclusion perpetua;
d. Civil interdiction; b. Reclusion temporal;
e. Indemnification; and c. Perpetual or temporary absolute
f. Forfeiture or confiscation of instruments disqualification;
and proceeds of the offense. d. Perpetual or temporary special
disqualification; and
Note: Perpetual or temporary absolute e. Prision mayor;
disqualification, perpetual or temporary special 3. Correctional
disqualification, and suspension may be principal a. Prision correccional;
or accessory penalties. b. Arresto mayor;
c. Suspension; and
Examples: d. Destierro;
1. Perpetual absolute disqualification is a 4. Light:
principal penalty in prevaricacion (Art. 204). a. Arresto menor; and
It is an accessory penalty of reclusion b. Public censure;
perpetua and reclusion temporal. 5. Penalties Common to the three preceding
2. Perpetual special disqualification is a classes:
principal penalty in malversation (Art.217). a. Fine; and
Also in Art. 214, 223, 229, 233, b. Bond to keep the peace.
3. and 346. It is an accessory penalty of prision
mayor and prision correccional. Notes:
4. Temporary absolute disqualification is a 1. This classification corresponds to the
principal penalty when the accessory acts classification of felonies in Art.9 into grave,
with abuse of public functions (Art. 19[3] and less grave, and light.
Art. 58). 2. Public censure is imposed in Articles 200,
5. Temporary special disqualification is a 211, 266 and 365.
principal penalty in direct bribery (Art. 210). 3. Bond to keep the peace is imposed only in
Also in Articles 205, 214, 220, 223, 224, 226, the crime of threats (Art. 284), either grave
227, 228, 231, 235, 239, 245, 346, and 347. (Art. 282) or light (Art. 283).
6. Suspension is a principal penalty in rendition
of unjust interlocutory orders (Art. 206). Also Fine is:
in Articles 200, 211, 266 and 365. a. Afflictive – if it exceeds P1,200,000;
b. Correctional –P40,000 to P1,200,000; and
c. Light – less than P40,000.

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Bond to Keep the Peace is by Analogy: Prision Mayor and 6 years and 1 day to
a. Afflictive – if it exceeds P1,200,000; temporary 12 years, except
b. Correctional – P40,000 to P1,200,000; and disqualification when the penalty of
c. Light – less than P40,000. disqualification is
imposed as an
Notes: accessory penalty, in
a. This article determines the classification of a which case, its
fine whether imposed as a single (e.g. fine of duration shall be that
P200 to P6000) or as an alternative (e.g. of the principal
penalty is arresto mayor OR a fine ranging penalty
from P200 to P1000) penalty for a crime. Prision correccional, 6 months and 1 day
b. The rule does not apply where the fine suspension, and to 6 years, except
involved is in a compound penalty, that is, it destierro when suspension is
is imposed in conjunction with another imposed as an
penalty. In this case, the highest penalty shall accessory penalty, in
be made the basis for computing the period which case, its
for the prescription of crimes (Art. 90) duration shall be
c. Where the fine in question is exactly P200 that of the principal
under Art. 9, it is a light felony, hence, the penalty
felony involved is a light felony; whereas Arresto mayor 1 month and 1 day
under Art. 26, it is a correctional penalty; to 6 months
hence, the offense involved is a less grave Arresto menor 1 day to 30 days
felony.
Bond to keep the Such period of time
d. It has been held that this discrepancy should peace as the court may
be resolved liberally in favor of the accused, determine
hence Art. 9 prevails over Art. 26. (People v.
Yu Hai, G.R. No. L-9598, 1956).
Note: Destierro is a principal, correctional, and
e. HOWEVER, according to Justice Regalado
divisible penalty
there is no such discrepancy. What is really in
issue is the prescription of the offense vis-à-
Cases When Destierro is Imposed:
vis the prescription of the penalty, the former
1. Serious physical injuries or death under
being the forfeiture of the right of the State to
exceptional circumstances (Art. 247);
prosecute the offender and the latter being
2. In case of failure to give bond for good
the loss of its power to enforce the judgment
behavior (Art. 284);
against the convict.
3. As a penalty for the concubine in
f. In determining the prescription of crimes,
concubinage (Art. 334); and
apply Art. 9 (P40,000 fine is light felony). In
4. In cases where after reducing the penalty by
determining the prescription of penalty, apply
one or more degrees, destierro is the proper
Art. 26 (P200 fine prescribes in 10 years).
penalty.
c. Duration and Effect
Note: Reclusion perpetua is not the same as
DURATION imprisonment for life or life imprisonment.
PENALTY DURATION
Reclusion Perpetua 20 years and 1 day
to 40 years
Reclusion Temporal 12 years and 1 day
to 20 years

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RECLUSION LIFE judicial authorities for the enforcement of the

PERPETUA IMPRISONMENT penalty.
The RPC does not a. This rule applies in cases of penalties
prescribe the penalty consisting in deprivation of liberty (e.g.
of life imprisonment for imprisonment and destierro) and the
any of the felonies offender is not in prison.
therein defined, that
penalty being 3. Rule No. 3 the duration of other penalties
invariably imposed for – the duration is from the day on which the
serious offenses offender commences to serve his sentence.
penalized not by the a. This rule applies in cases of:
RPC, but by special i. (Penalties consisting in
law. deprivation of liberty) and the
Reclusion perpetua Does not appear to offender is undergoing
entails imprisonment have any definite preventive imprisonment; but the
for at least thirty [30] extent or duration. offender is entitled to a deduction
years after which the of full time or 4/5 of the time of his
convict becomes detention.
eligible for pardon ii. (Temporary penalties) and the
Carries with it Does not carry with it offender is not under detention,
accessory penalties any accessory penalty, because the offender has been
released on bail.
COMPUTATION OF PENALTIES
Notes:
Rules observed by the Director of Prisons or a. Service in prison begins only on the day the
the warden in computation of penalties judgment of conviction becomes final.
imposed upon the convicts: b. If in custody and the accused appeals, the
service of the sentence should commence
1. Rule No. 1 when the offender is in prison from the date of the promulgation of the
– the duration of temporary penalties is from decision of the appellate court, not the trial
the day on which the judgment of court’s.
conviction becomes final, and not from the
day of his detention. EFFECT
a. This rule applies in cases of temporary
penalties (e.g. temporary absolute EFFECTS OF THE PENALTIES OF
disqualification, temporary special PERPETUAL OR TEMPORARY ABSOLUTE
disqualification, and suspension) and the DISQUALIFICATION (ART. 30)
offender is under detention (as when he a. Deprivation of the public offices and
is undergoing preventive imprisonment) employments which the offender may have
held, even if conferred by popular election;
Reason: Under Art. 24, the arrest and b. Deprivation of the right to vote in any election
temporary detention of the accused is not for any popular elective office or to be elected
considered a penalty. to such office;
c. Disqualification for the offices or public
2. Rule No. 2 when the offender is not in employments and for the exercise of any of
prison – the duration of penalties consisting the rights mentioned; and
in deprivation of liberty, is from the day that d. Loss of all rights to retirement pay or other
the offender is placed at the disposal of pension for any office formerly held.

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Notes:
a. PERPETUAL ABSOLUTE
DISQUALIFICATION is effective during the
lifetime of the convict and even after the
service of the sentence.
b. TEMPORARY ABSOLUTE
DISQUALIFICATION
i. General Rule: lasts during the term of
the sentence, and is removed after the
service of the same.
ii. Exceptions:
1. Deprivation of the public office or
employment (Effect no.1); and
2. Loss of all rights to retirement
pay or other pension for any
office formerly held (Effect no. 4).
Effects of Perpetual or Temporary Special
Disqualification (Art. 31)
a. Deprivation of the office, employment,
profession or calling affected; and
b. Disqualification for holding similar offices or
employments perpetually or during the term
of the sentence.
Effects of Perpetual or Temporary Special
Disqualification for the Exercise of the Right
of Suffrage (Art. 32)
a. Deprivation of the right to vote or to be
elected to any public office; and
b. Cannot hold any public office during the
period of disqualification.
Effects of Suspension from any Public Office,
Profession, or Calling, on the Right of
Suffrage (Art. 33)
a. Disqualification from holding such office or
exercising such profession or calling or right
of suffrage during the term of the sentence;
and
b. If suspended from public office, the offender
cannot hold another office having similar
functions during the period of suspension.
DISQUALIFICATION is the withholding of a
privilege, a restrictions upon the right of suffrage
or to hold office, and not a denial of a right.
CRIMINAL LAW
Purpose: To preserve the purity of elections; one
rendered infamous by conviction of felony or
other base offenses indicative of moral turpitude
is unfit to exercise such rights. (People v. Corral,
G.R. No. L-42300, 1936).
Effects of Civil Interdiction (Art. 34)
a. Deprivation of the rights of parental authority
or guardianship of any ward;
b. Deprivation of marital authority;
c. Deprivation of the right to manage his
property and of the right to dispose of such
property by any act or any conveyance inter
vivos;
d. But he can dispose of such property by will or
donation mortis causa; and
e. He can also manage or dispose of his
property by acts inter vivos, if done in his
behalf by a judicial guardian appointed for
him as an “incompetent.” (Sec. 2, Rule 92,
Rules of Court)
Civil interdiction is an accessory penalty to
the following principal penalties:
1. If death penalty is commuted to life
imprisonment;
2. Reclusion perpetua; and
3. Reclusion temporal.
Effects of Bond to Keep the Peace (Art. 35)
a. The offender must present two 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; or
b. The offender must deposit such amount with
the Clerk of Court to guarantee said
undertaking; or
c. The 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.
i. Bond to keep the peace is different from
bail bond which is posted for the
provisional release of a person arrested for
or accused of a crime. Bond to keep the
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peace or for good behavior is imposed as Rules as to subsidiary imprisonment

a penalty in threats. PENALTY IMPOSED SUBSIDIARY
ii. Justice Regalado: It is believed that this IMPRISONMENT
punitive sanction cannot be applied since Prision correcional or Not exceed 1/3 of the
this bond is required only in the crime of arresto and fine term of the sentence,
threats and if the offender fails to comply and in no case to
therewith, the penalty imposable is continue for more
destierro (Art. 284). Neither can this than one year.
penalty apply to crimes under special laws
as only “felonies” (i.e. crime punished Note: Fraction or part
under RPC) are contemplated therein. of a day, not counted.
Fine only Not exceed 6 months,
d. Application
if the offender is
General Rule: The penalty prescribed by law in prosecuted for a
general terms shall be imposed: grave or less felony,
1. Upon the principals; and and not to exceed 15
2. For consummated felony. days if prosecuted for
a light felony.
Exception: When the law fixes a penalty for the Higher than prision No subsidiary
frustrated or attempted felony in cases where law correcional imprisonment
considers that the penalty lower by one or two Penalty imposed is Subsidiary penalty
degrees corresponding to said acts of execution not to be executed by shall consist in the
is not proportionate to the wrong done. confinemend, but of same deprivations as
fixed duration those of the principal
SUBSIDIARY IMPRISONMENT penalty, under the
same rules above.
Subsidiary penalty In case the financial He shall pay the fine,
It is a subsidiary personal liability to be suffered circumstances of the notwithstanding the
by the convict who has no property with which to convict should fact that the convict
meet the fine. improve suffered subsidiary
personal liability
Notes: therefor
a. Failure to pay the fine subjects the accused
to subsidiary imprisonment. “The same deprivations as those of which
b. R.A. 10159, enacted on April 10, 2012 the principal penalty consists” (paragrapg 4,
changed the subsidiary personal liability to be Art. 39)
suffered by the convict with no property with The subsidiary penalty is the same deprivations
which to meet the fine, at the rate of one day as those of which the principal penalty consists
for each amount equivalent to the highest of. Thus, if the penalty imposed is imprisonment,
minimum wage rate (opposed to 8 pesos) the subsidiary penalty must be imprisonment
prevailing in the Philippines at the time of the also. If the penalty is destierro, the subsidiary
rendition of judgment of conviction by the trial penalty must be destierro also.
court.
c. Judgement of conviction must impose No subsidiary penalty in the following cases:
subsidiary imprisonment. 1. When the penalty imposed is higher than
d. Subsidiary imprisonment is not an accessory prision correcional.
penalty. 2. For failure to pay the reparation of the
damage caused, indemnification of the

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consequential damages, and the cost of the
proceedings.
3. When the penalty imposed is a fine and a
penalty not to be executed by confinement in
a penal institution and which has no fixed
duration.
years of age shall be reclusion temporal in its
medium period." The penalty of reclusion
temporal in its medium period is 14 years, eight
(8) months, and one (1) day to 17 years and four
(4) months. (People v. Pusing y Tamor, G.R. No.
208009, J. LEONEN, July 11, 2016)

INDETERMINATE SENTENCE LAW (ISL) PLEASE SEE SPL REVIEWER FOR A

Application on the imposed sentence:
The ISL consists of a maximum and minimum,
instead of a single fixed penalty. The prisoner
must be sentenced to imprisonment for a period
which is not more than the maximum and not less
than the minimum.
The prisoner must serve the minimum before he
is eligible for parole. The period between the
minimum and maximum is indeterminate in the
sense that the prisoner may be exempted from
serving said indeterminate period in whole or in
part.
The law does not impair the powers of the Chief
Executive under the Administrative Code.
COMPLETE DISCUSSION OF THE ISL p.
341
e. Graduation of Penalties
Graduation of Penalties Refers to:
1. By degree:
a. Stages of execution (consummated,
frustrated, attempted); and
b. Degree of the criminal participation of
the offender (principal, accomplice,
accessory);
2. By period:
a. Minimum, medium, maximum: refers to
the proper period of the penalty, which
should be imposed when aggravating
or mitigating circumstances attend the
commission of the crime

Purpose: To uplift and redeem valuable human Graduated Scales for Lowering of Penalties
material and prevent unnecessary and excessive (Article 71)
deprivation of liberty and economic usefulness. 1.Reclusion perpetua
(People v. Ducosin, G.R. No. L-38332, 1933). 2.Reclusion temporal
3. Prision mayor
Note: If a person rapes his 12-year-old foster 4.Prision correccional
daughter, the indeterminate penalty of 14 years SCALE No. 1 5. Arresto mayor
and eight (8) months of reclusion temporal as 7. Destierro
minimum to 20 years of reclusion temporal should 8. Arresto menor
be imposed. Article 266-B(10) of the RPC states 9. Public censure
that the penalty of reclusion temporal shall be 10. Fine
imposed if the rape through sexual assault is 1. Perpetual absolute
committed with any of the 10 aggravating or disqualification
qualifying circumstances listed in paragraph 6. 2.Temporary absolute
Since the aggravating or qualifying disqualification
circumstances of relationship and minority are 3. Suspension from
present, the penalty of reclusion temporal SCALE NO. 2 public office, the right to
prescribed by the RPC under Article 266-B(10) vote and be voted for,
shall be in its maximum period. and the right to follow a
profession or calling
Further, Article III, Section 5(b) of Republic Act 4. Public censure
No. 7610 provides that "the penalty for lascivious 5. Fine
conduct when the victim is under twelve (12)

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PENALTY ACCESSORY
PENALTIES
Article 71 provides the scales which should be
Death, when 1. Perpetual absolute
observed in graduating the penalties by degrees
not executed by disqualification; and
in accordance with Article 61.
reason of 2. Civil interdiction for 30
Illustration: commutation or years, if not expressly
pardon remitted in the pardon.
Arresto MAX Penalty Reclusion 1. Civil interdiction for life
Mayor prescribed perpetua and or during the sentence;
Med by law reclusion and
temporal 2. Perpetual absolute
min ONE degree disqualification, unless
lower expressly remitted in
Destierro MAX the pardon of the
principal penalty.
Med TWO
Prision mayor 1. Temporary absolute
degrees
min disqualification; and
lower
2. Perpetual special
This penalty two degrees lower from arresto disqualification from
mayor in its medium and maximum periods is suffrage, unless
destierro in its minimum and medium periods. expressly remitted in
the pardon of the
f. Accessory Penalties principal penalty.
Prision 1. Suspension from
Art. 25 classifies penalties into:
correccional public office,
1. Principal penalties — those expressly
profession or calling,
imposed by the court in the judgment of
and
conviction.
2. Perpetual special
2. Accessory penalties — those that are
disqualifica tion from
deemed included in the imposition of the
suffrage, if the duration
principal penalties.
of imprisonment
exceeds 18 months,
Accessory Penalties:
unless expressly
a. Perpetual or temporary absolute
remitted in the pardon
disqualification,
of the principal penalty.
b. Perpetual or temporary special
Arresto Suspension of the right to
disqualification,
hold office and the right of
c. Suspension from public office, the right to
suffrage during the term of
vote and be voted for, the profession or
the sentence.
calling.
d. Civil interdiction,
Notes:
e. Indemnification,
a. Destierro has no accessory penalty
f. Forfeiture or confiscation of instruments and
b. Accessory penalties need not be expressly
proceeds of the offense,
imposed as they are deemed imposed.
g. Payment of costs.
• Article 73 provides that whenever the
courts shall impose a penalty which, by
provision of law, carries with it other
Penalties in which other Accessory Penalties
penalties, it must be understood that the
Are Inherent:

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necessary penalties are also imposed
upon the convict.
———— end of topic ————
V. EXECUTION AND SERVICE
a. Three-Fold Rule
Three-Fold Rule (ART. 70)
If an accused has to serve more than 3
sentences, he cannot be sentenced to more than
3 times the most severe penalty that may be
imposed on him for the various crimes he might
have committed.
Illustration: X is sentenced to suffer:
• 14 years, 8 months and 1 day (homicide)
• 17 years, 4 months, and 1 day (in another
case) — most severe penalty
• 14 years and 8 months (third case)
• 12 years (frustrated homicide)
The most severe penalty is 17 years, 4 months,
and 1 day. Three times the penalty is 52 years
and 3 days.
But since the law limits the duration of the
maximum term to not more than 40 years, X
will suffer 40 years only.
Purpose: (aside from the 40-year limit) To avoid
the absurdity of a man being sentenced to
imprisonment for a longer period than his natural
life.
Notes:
a. Applies although the penalties were imposed
for different crimes, at different times, and
under separate informations.
b. If the sentence is indeterminate, the basis of
the threefold-rule is the maximum sentence.
c. The maximum duration of the convict’s
sentence shall not exceed 3 times the length
of time corresponding to the most severe of
the penalties imposed upon him;
d. But in no case to exceed 40 years;
e. This rule shall apply only when the convict is
to serve 4 or more sentences successively.
CRIMINAL LAW
• If the convict has already served
sentence for one offense, that
imprisonment will not be considered for
the purpose of the three-fold rule.
f. Subsidiary imprisonment shall be excluded in
computing for the maximum duration.
b. Probation Law (P.D. No. 968)
PLEASE SEE DISCUSSION ON PD 968 IN
THE SPL REVIEWER p. 344
c. Juvenile Justice and Welfare Act of 2006
PLEASE SEE DISCUSSION IN THE SPL
REVIEWER p. 347
DISTINGUISHED FROM PREVENTIVE
IMPRISONMENT PERIOD OF PREVENTIVE
IMPRISONMENT DEDUCTED FROM TERM OF
IMPRISONMENT (ART. 29):
PREVENTIVE IMPRISONMENT is the period
of detention undergone by an accused where the
crime with which he is charged is non-bailable or,
even if bailable he is unable to post the requisite
bail.
RULES IN DEDUCTING PERIOD OF
PREVENTIVE IMPRISONMENT:
1. If the detention prisoner agrees voluntarily in
writing to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall
be credited in the service of his sentence with
the full time during which he had undergone
preventive imprisonment.
2. If the detention prisoner does not agree to
abide by the same disciplinary rules imposed
upon convicted prisoners, he shall be
credited only with 4/5 the time during which
he has undergone preventive imprisonment.
Note: Under the Child and Youth Welfare Code
(PD 603), the youthful offender shall be credited
in the service of his sentence with the full time he
spent in actual confinement and detention. It is
not necessary that he agreed to abide by the
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disciplinary rules imposed upon convicted menor or a fine not

prisoners. exceeding P40,000
or both is provided.
Offenders not entitled to be credited with the Article 26 Afflictive penalty –
full time or four-fifths of the time of their exceeds P1,200,000
preventive imprisonment:
1. Recidivists or those convicted previously Correctional penalty
twice or more times of any crime. – If it does not
a. Habitual delinquents are not entitled exceed P1,200,000
to credit of time under preventive but is not less than
imprisonment since he is P40,000
necessarily a recidivist.
2. Those who, upon being summoned for the Light penalty – Less
execution of their sentence, failed to than P40,000
surrender voluntarily (convicts who failed
to voluntarily surrender under a final ———— end of topic ————
judgment; not those who failed or refused to
voluntarily surrender after the commission of
the crime) VI. Extinction of criminal liability
Total Extinction of Criminal Liabilities (Art.
Notes: 89):
a. Credit is given in the service of sentences 1. Death of the convict
consisting of deprivation of liberty • Whether before or after final judgment
(imprisonment and destierro), whether 2. Service of sentence
perpetual or temporal. 3. Amnesty, which completely extinguished the
b. The accused shall be released immediately penalty and all its effects
whenever he has undergone preventive • Amnesty: act of the sovereign power
imprisonment for a period equal to or more granting oblivion or general pardon for
than the possible maximum imprisonment for past offense, exerted in favor of a class
offense charged. of persons
c. If the penalty imposed is arresto menor to • Amnesty may be granted after
destierro, the accused who has been in conviction
prison for 30 days (arresto menor to 30 days) 4. Absolute pardon
should be released because although the • Pardon: act of grace proceeding from
maximum penalty is destierro (6 months and the power which executes the law
1 day to 6 years), the accused sentenced to exempting an individual from
such penalty does not serve it in prison. punishment of crime committed
• The pardon must be absolute and must
d. Republic Act No. 10951 be accepted by the convicted person
An Act Adjusting the Amount or the Value of
Property and Damage on Which a Penalty is Amnesty v. Pardon
Based and the Fines Imposed Under the AMNESTY PARDON
Revised Penal Code Political offenses Any offense
Article 9 Light felonies are A class of person or An individual is
those infractions of communities pardoned
law or the May be exercised Individual is already
commission of which even before trial or convicted
the penalty of arresto investigation

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Looks backward and Looks forward and
abolishes the offense relieves offender of
itself (thus an ex- consequences of the
convict will no longer offense he was
be a recidivist) convicted of (ex-
convict will remain a
recidivist)
5. Prescription of the crime
6. Prescription of the penalty
• Forfeiture of right of government to
execute final sentence
• Requisites:
1. Penalty is imposed by final
sentence
2. Convict evaded the service of the
sentence by escaping during the
term of his sentence
7. Marriage of the offended woman (as
provided in Art. 344)
Note: In cases of seduction, abduction, acts of
lasciviousness, and rape, the marriage of the
offender with the offended party shall
extinguish the criminal action or remit the
penalty already imposed upon him. The
provisions of this paragraph shall also be
applicable to the co-principals, accomplices
and accessories after the fact of the
abovementioned crimes. (Art. 344, RPC)
Marriage of the offender with the offended woman
AFTER the commission of any of the crimes of
rape, seduction, abduction or acts of
lasciviousness must be contracted by the
offender in GOOD FAITH. (People vs. Santiago,
51 Phil. 68, 70)
—How about in rape?
In cases of rape, under Article 266-C, the
subsequent valid marriage between the
offended party (and the rape victim) shall
extinguish the criminal action or the
penalty imposed, only as to the principal.
Note: When the accused dies during the
pendency of his appeal, his criminal liability has
already been extinguished. Considering that his
CRIMINAL LAW
death pending appeal extinguishes his criminal
liability and civil liability ex delicto, the criminal
action must be dismissed since there is no longer
a defendant to stand as the accused. From that
point on, the criminal action had no defendant
upon which the action is based. (Tuano y
Hernandez v. People, G.R. 205871, J. LEONEN,
September 28, 2016)
Prescription of Crimes (Art. 90)
PENALTY OF PRESCRIPTIVE
OFFENSE PERIOD
Death, reclusion 20 years
perpetua, reclusion
temporal
Afflictive penalties 15 years
Correctional penalty 10 years
(except arresto
mayor)
Arresto mayor 5 years
Computation of Prescription of Offenses
a. Period of prescription commences to run from
the date of commission or from the date of
discovery
b. In computing the period for prescription,
exclude the first day and include the last
c. When the last day falls on a Sunday or legal
holiday, the information can no longer be filed
on the next day as the crime has already
prescribed. (Yapdiangco v Buencamino, No.
L- 28841, June 24, 1983)
d. It is interrupted by the filing of the complaint
or information and commences to run again
when the proceedings terminate without the
accused being convicted or acquitted or
unjustifiably stopped for any reason not
imputable to him.
e. Prescription does not run when the offender
is absent from the Philippines.
f. When the penalty is compound, the highest
penalty is the basis for the application of the
rules in Art. 90
g. Where there is an alternative penalty of fine,
which is higher than the penalty of
imprisonment, prescription of the crime will
be based on the fine
h. Consider the penalty prescribed by law
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Prescription of Penalties (Art. 92) • Usual condition imposed: that he shall

PENALTY PRESCRIPTIVE not again violate any of the penal laws of
PERIOD the Philippines
Death and reclusion 20 years b. Commutation of sentence (Art. 95)
perpetua Examples:
Other afflictive 15 years • Convict sentenced to death is over 70
penalties (Art. 83)
Correctional 10 years • 8 SC Justices fail to reach decision of
penalties (except affirmance of death penalty
arresto mayor) c. Good conduct allowances which the culprit
may earn while he is serving his sentence
Light penalties 1 year
(Art. 95)
• Deductions of term of sentence for good
Computation of Prescription of Penalties
behavior (Art. 97)
a. Commences to run from the date when the
• Special time allowance for loyalty (Art.
culprit evaded the service of his sentence
98)
b. Interrupted when the convict
d. Parole granted by Parole Board (Reyes The
i. Gives himself up
Revised Penal Code, Book 1, 2011)
ii. Is captured
• Parole: suspension of the sentence of a
iii. Goes to a foreign country with no
convict after serving the minimum of the
extradition treaty
indeterminate penalty without the grant of
iv. Commits another crime before the
pardon
expiration of the period of prescription
v. Acceptance of conditional pardon
Conditional Pardon v. Parole
(People v Puntillas, G.R. No. 45267,
CONDITIONAL PAROLE
June 15, 1938)
PARDON
c. Where the accused was never placed in
confinement, the period for prescription never Granted by Chief Granted by the
starts to run in his favor. (Pangan v Hon. Executive Board of Pardons
Gatbalite, et al., G.R. No. 141718, January and Parole
21, 2005) Basis is Basis is the
Administrative Code Indeterminate
Sentence Law
Prescription of felonies v. Prescription of
Give any time after Given after prisoner
penalties
final judgment has served the
PRESCRIPTION OF PRESCRIPTION OF
minimum penalty
FELONIES PENALTIES
Violation of Violation of parole
The forfeiture or loss The loss or forfeiture
conditional pardon may lead to
ofthe right ofthe State of the right of the
may result in reincarceration for
to prosecute the Government to
reincarceration and service of unserved
offender after the execute the final
prosecution under Art potion of original
lapse of a certain sentence after the
159 (evasion of penalty without
time. lapse of a certain
service of sentence) prosecution for Art.
time.
159.

Allowance for Good Conduct

Partial Extinction of Criminal Liability
LENGTH OF ALLOWED
a. Conditional pardon (Art. 95)
SENTENCE DEDUCTION PER
SERVED

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MONTH OF GOOD VII. CIVIL LIABILITIES IN CRIMINAL CASES

BEHAVIOR Every Person Criminally Liable for a Felony is
First 2 years 5 days also Civilly Liable (Art. 100)
3rd to 5th year 8 days
6th to 10th year 10 days Two Classes of Injuries:
11th year onwards 15 days 1. Social Injury
2. Personal Injury
Note: No allowance for good conduct while the
prisoner is released under a conditional pardon SOCIAL INJURY PERSONAL INJURY
(People v Martin, 68 Phil. 122) Produced by the Caused to the victim
disturbance and of the crime who may
Special Time Allowance for Loyalty alarm which are the have suffered
A deduction of one fifth (1/5) of the period of outcome of the damage to either
sentence is granted to any prisoner who, having offense his/her person,
evaded his prevented imprisonment or the property, honor, or
service of his sentence, under the following chastity
circumstances: Repaired through the Indemnity is civil in
a. On the occasion of disorder resulting from a imposition of the nature
conflagration, earthquake, explosion, or corresponding
similar catastrophe, or penalty
b. During a mutiny in which he has not
participated — What is included in civil liability (Art. 104)
1. Restitution
gives himself up to the authorities within 48 hours • The exact thing unlawfully taken must be
following the issuance of a proclamation restored even if found in possession
announcing the passing away of the calamity or of third person who acquired it through
catastrophe. lawful means
• General Rule: restitution is limited to
A deduction of two-fifths (2/5) of the period of his crimes against property
sentence shall be granted in case said prisoner 2. Reparation of damage caused
chose to stay in the place of his confinement • If restitution is not possible
notwithstanding the existence of a calamity or • Generally refers to crimes against
catastrophe. property
3. Indemnification of consequential damages
———— end of topic ———— • Generally refers to crimes against
persons
• Not only damages suffered by injured
party but also those suffered by his family
or third persons by reason of the crime

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Civil Liability v. Pecuniary Liability concubinage, illegal

CIVIL LIABILITY PECUNIARY or arbitrary detention
(Art. 104) LIABILITY (Art. 38) or arrest, illegal
Reparation of damages caused search, libel, slander,
Indemnification for consequential damages defamation, and
Includes restitution No restitution as in malicious prosecution
pecuniary liability, Offense committed Exemplary damages
liability is paid out of with one or more
property of offender. aggravating
In restitution, property circumstance
unlawfully taken is
returned Notes:
Does not include Includes fines and a. If there is no damage caused by the
fines or costs of the costs of the commission of the crime, the offender is not
proceedings proceedings civilly liable.
b. Acquittal in a criminal case does not
Damages That May be Recovered in Criminal necessarily mean the extinction of accused’s
Cases: civil liability.
OFFENSE DAMAGE • Eg. Acquittal on reasonable doubt,
AWARDED acquittal from a cause of
nonimputability, acquittal in the criminal
Crimes against Damages is based
action for negligence, when there is
property on price of the thing
only civil liability, independent civil
and sentimental
value to injured party actions.
if the thing itself c. A person exempt from criminal liability under
Art 12 is not necessarily exempt from civil
cannot be restored.
liability.
Crimes against Whatever the injured
• Except:
persons (i.e. physical party spent for the
• Par 4, Art 12, for injury caused by
injuries) treatment of his
mere accident
wounds, doctor’s
• Par 7, Art 12, for failure to perform
fees, and unearned
an act required by law when
wages by reason of
prevented by some lawful or
inability to work
insuperable cause.
because of the
d. There is no civil liability in justifying
injuries. (In case of
circumstances (Art 11).
temporary or
e. Civil liability is extinguished in the same
permanent personal
manner as other obligations (i.e. payment,
injury, damages for
performance, loss of the thing due)
loss or impairment of
earning capacity may
———— end of topic ————
be awarded.)
Criminal offenses Moral damages
resulting in physical
injuries, in crimes of
seduction, abduction,
rape or other
lascivious acts,
adultery,

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