The Revised Penal Code Book 1

Understanding
Criminal Law
Atty. Victor T. Tulalian
 CHAPTER I

'Criminal Law is that branch of municipal law which defines crimes, treats of their nature and provides for
their punishment. (12 CYC. 129; see also Moreno, Philippine Law Dictionary [Third Edition], p. 687, citing
People v. Manlutac, 12795-CR, January 30, 1975)

Criminal laws regulate human conduct and tell people what they cannot do and, in some instances, what
they must do under certain circumstances. (Gardner and Anderson, Criminal Justice Law [2009], p. 1)
Crime is any act which the sovereign has deemed contrary to the public good; a wrong which the
government has determined is injurious to the public and, hence, prosecutable in a criminal proceeding.
(Gifis, Law Dictionary [1984 Ed.], pp. 109-110) Generally, a crime is a positive or negative act in violation of
penal law. (Brown, Legal Terminology [2007], p. 19) Our legal system regards crimes not merely as wrongs
against particular victims but as offenses against the entire society. (Scheb and Scheb II, Criminal Law
[2007], p. 5)
Penal Law [Code] is a law enacted to preserve the public order by defining an offense against the public
and imposing a penalty for its violation. (Gifis, Law Dictionary [ 1984 Ed. ], at p. 339, citing 191 N.Y.S. 2d 54,
57)

Purposes of Criminal Law

The purposes of Criminal Law are: (1) to reform; (2) to leter others; (3) to prevent the offender from
committing further rimes; (4) to defend the State against crimes; and (5) to set an xample. (Nolledo, The
Revised Penal Code Annotated [2008 ifteenth Revised Edition], p. 1)

Nullum Crimen, Nulla Poena Sine Lege

The rule is, there is no crime if there is no law punishing it ("nullum crimen, nulla poena sine lege"). It is
required that a crime should be defined and a penalty imposed only by statute. This only emphasizes that,
in our jurisdiction, there are no common law crimes. A common-law crime is one punishable by the force
of the common law, as distinguished from crimes created by statute. (Black's Law Dictionary [Sixth Edition],
p. 277) The common law is "generally derived from principles rather than rules; it does not consist of
absolute, fixed, and inflexible rules, but rather of broad and comprehensive principles based on justice,
reason, and common sense. It is of judicial origin and promulgation." (Gifis, Law Dictionary [1984 Ed.], p.
81)
No person should be brought within the terms of criminal statutes who is not clearly within them, nor
should any act be pronounced criminal which is not clearly made so by the statute. (US v. Abad Santos, 36
Phil. ["Philippine Reports"] 243, 246)

Theories in Criminal Law

There are two important theories in Criminal Law, namely: (1) the Classical or Juristic Theory, and (2) the
Positivist or Realistic Theory.
In the Classical or Juristic Theory (which considers man as "essentially a moral creature with absolute free
will to choose between good and evil"), the basis of criminal responsibility is the existence of the offender's
free will and the penalty for his criminal act is by way of retribution.
On the other hand, in the Positivist or Realistic Theory (which teaches that man is "subdued occasionally by
a strange and morbid phenomenon which constrains him to do wrong, in spite of or contrary to his
volition"), the basis of criminal liability is the sum of social and economic phenomena to which the actor
was exposed, hence the penalty imposed is for preventive or corrective purposes.
The Revised Penal Code (RPC) is generally based on the principles of the Classical Theory. However, some
of its provisions are influenced by the Positivist Theory, particularly the provisions on impossible crimes
(Art. 4 [2]), mitigating circumstances of woluntary surrender and plea of guilty (Art. 13 [7]) and habitual
Helinquency (Art. 62 [5])

Sources of Philippine Criminal Law

The Revised Penal Code (Act No. 3815)-which took effect on January 1, 1932-and its amendments;
Special Penal Laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature,
National Assembly, the Congress of the Philippines, and the Batasang Pambansa;
Penal Presidential Decrees issued during Martial Law and Executive Orders punishing offenses;
Decisions of the Supreme Court, which are called Jurisprudence (Supreme Court decisions assume the
same

, August 19, 1994, citing Floresca v. Philex Mining Corporation, 136 SCRA 141]). The principal legislation of
Philippine Criminal Law is the RPC-with Congress enacting other special penal laws or statutes. The RPC
was based on the Spanish Penal Code of 1870. (U.S. v. Tamparong, 31 Phil. 321) Thus, in case of conflict
between the Spanish text and the English text of the RPC, the Spanish text shall prevail because the RPC
was enacted and approved in Spanish. (People v. Manaba, 58 Phil. 665; People v. Abilong, 82 Phil. 172)

Legal Basis of Punishment

"The power to punish violators of criminal law comes within the police power of the state. It is the injury
inflicted to the public which a criminal action seeks to redress, and not the injury to the individual. It is for
this reason that when an information is filed in court, the title of the case is People of the Philippines
versus the Offender." (Palattao, The Revised Penal Code Made Easy Book I [2005 Edition], p.3)

Characteristics of Philippine Criminal Law

Criminal law has three main characteristics, namely: (1) Generality; (2) Territoriality; and (3)
Irretrospectivity or Prospectivity.
1. Generality means that the law governs all persons within the territorial jurisdiction of the state
irrespective of race, belief, sex or creed. Penal laws shall be obligatory upon all who live or sojourn in
Philippine territory. (See Art. 14, New Civil Code) As a general rule, the jurisdiction of the civil courts is not
affected by the military character of the accused. (US v. Sweet, 1 Phil. 18) The civil courts have concurrent
jurisdiction with the military courts or general courts-martial over soldiers of the Armed Forces of the
Philippines. However, when the military court takes cognizance of the case involving a person subject to
military law, the Articles of War apply, not the Revised Penal Code or other penal law. (Reyes, The Revised
Penal Code Criminal Law, Book One [17th Edition], pp. 7-8)

Exceptions to "Generality"—
a. As provided under Treaties or Treaty Stipulations. Examples are the Bases Agreement entered into by
the Republic of the Philippines and the United States of America on March 14, 1947 (which expired on
September 16, 1991) and the RP-US Visiting Forces Accord which was signed on February 10, 1998.
b. As provided under the "Law of Preferential Application." Such law is superior to any penal statute in case
it comes into conflict with the penal statute. The inference, therefore, is that a Law of Preferential
Application is a fundamental Law. (Apostol, Essentials of Criminal Law [2008 Revised Edition], pp. 4-5)
Based on the principle of reciprocity, Republic Act No. 75 (a statute penalizing acts which would impair the
proper observance by the Philippines and its inhabitants of the immunities, rights, and privileges of duly
accredited foreign diplomatic and consular agents in the Philippines) extends immunity enjoyed by the
accredited foreign ambassadors in the Philippines to the members of their domestic household, provided
they are registered in the Department of Foreign Affairs and in the Office of the Chief of Police of the City
of Manila. (Ibid.) It is worth remarking that. under the 1987 Constitution, no Member of Congress any
committee shall be questioned nor be held liable in any other place for any speech or debate in the
Congress or in thereof. (Art. VI, Sec. 11)
c. As provided in Public International Law. By virtue of the principles of public international law, the
following are not subject to the operation of our criminal law: (i) sovereigns and other heads of state; (ii)
ambassadors; (iii) ministers (resident or plenipotentiary); (iv) charges d'affaires and attaches. Diplomatic
representatives (such as ambassadors or public ministers and their official retinue) possess immunity from
the criminal jurisdiction of their sojourn and cannot be sued, arrested or punished by the law of that
country. (II Hyde, International Law, 2nd Ed., 1266)
The enumeration above is inclusive and exclusive. Thus, a consul, not being included in the enumeration
does not enjoy diplomatic immunity from any prosecution for a crime committed by him in the Philippines.
(Schneckenburger v. Moran, 63 Phil. 249) Consuls, vice-consuls and other commercial representatives of
foreign nations do not possess the status of, and cannot claim the privileges and immunities accorded to
ambassadors and ministers. (Wheaton, International Law, Sec. 249) For a consul to be immune from
criminal prosecution for committing a crime within the Philippines, such must be the subject of a treaty
stipulation between the government of the Philippines and the government of that consul. (Apostol,
Essentials of Criminal Law [2008 Revised Edition], p. 4)
2. Territoriality means that the law is only effective within the territorial confines of one's jurisdiction - be it
land, atmosphere, interior waters and maritime zone. However, Article 2 of the RPC provides for the
exception to the Territoriality Rule and it extends the jurisdiction of the Philippines even outside of its
territory against those who:
a. Should commit an offense while on a Philippine ship or airship.
b. Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities
issued by the Philippine government.
c. Should be liable for acts connected with the introduction into the Philippines of the obligations and
securities mentioned in number two.
d. While being public officers or employees, should commit an offense in the exercise of their functions; or
e. Should commit any of the crimes against the national securities and the law of nations.

An offense committed on the high seas on board a foreign merchant vessel is not triable by our courts. (US
v. Fowler, 1 Phil. 614).

There are two rules as to jurisdiction over offenses committed aboard foreign merchant vessels while in
the territorial waters of another country. Under the French Rule, such crimes are not triable in the courts
of that country, unless their commission affects the peace and security of the territory or the safety of the
state is endangered. On the other hand, under the English Rule, such crimes are triable in that country,
unless they merely affect things within the vessel or they refer to the internal management thereof.
(Reyes, The Revised Penal Code Criminal Law, Book One [17th Edition], p. 29) Our criminal justice system
observes the English Rule. (People v. Wong Cheng, 46 Phil. 729; US v. Look Chaw, 18 Phil. 573)

There are two rules as to jurisdiction over offenses committed aboard foreign merchant vessels while in
the territorial waters of another country. Under the French Rule, such crimes are not triable in the courts
of that country, unless their commission affects the peace and security of the territory or the safety of the
state is endangered. On the other hand, under the English Rule, such crimes are triable in that country,
unless they merely affect things within the vessel or they refer to the internal management thereof.
(Reyes, The Revised Penal Code Criminal Law, Book One [17th Edition], p. 29) Our criminal justice system
observes the English Rule. (People v. Wong Cheng, 46 Phil. 729; US v. Look Chaw, 18 Phil. 573)
3. Irretrospectivity or Prospectivity means that the law only takes effect after its effectivity date and never
retrospective in its application. Penal laws look forward and not backward. Lex prospicit, non respicit.
Crimes are punished under the laws in force at the time of their commission. (Art. 366, RPC) The principle
of prospectivity applies not only to original amendatory statutes and administrative rulings and circulars,
but also and properly so, to judicial decisions. (Co v. Court of Appeals, 227 SCRA ["Supreme Court Reports
Annotated"] 444) As an exception to the prospective application of criminal laws, penal laws which are
favorable to the accused are given retroactive effect. (Art. 22, RPC). The provision applies even to special
laws which provide more favorable conditions to the accused. (People v. Agares, 235 SCRA 30; People v.
Soliman, 36 Phil. 5; People v. De Lara, 236 SCRA 291)
The exception, however, has no application in the following instances: (1) where the offender is a habitual
criminal under Article 62, Rule 5 of the RPC; and (2) where the new law is expressly made inapplicable to
pending actions or existing causes of action. (Tavera v. Valdez, 1 Phil. 463)
Interpretation of Penal Laws Penal or criminal laws are strictly construed against the State and liberally in
favor of the accused. (US v. Abad Santos, 36 Phil. 243; People v. Bon, G.R. No. 166401, October 30, 2006)
"The purpose is not to enable a guilty person to escape punishment through a technicality but to provide a
precise definition of forbidden acts." (See Gaanan v. IAC, 145 SCRA 117, citing People v. Purisima, 86 SCRA
542, 562) It should be noted, however, that where the law is clear and unambiguous, there is no room for
the application of the rule. (People v. Gatchalian, 104 Phil. 664)

The courts should always give the accused the benefit of the doubt. (People v. Tamayo, 44 Phil. 38) In
dubiis reus est absolvendus ("when in doubt ,you must acquit")
The law is tender in favor of the rights of an individual It is this philosophy of caution before the State may
deprive a person of life or liberty that animates one of the most fundamental principles in our Bill of Rights,
that every person is presumed innocent until proven guilty. (People v. Bon, G.R. No. 166401, October 30,
2006)
Further, it is axiomatic in legal hermeneutics that a code, such as the RPC, should be construed as a whole.
Courts are duty-bound to harmonize the various provisions thereof. A code enacted as a single
comprehensive statute, is to be considered as such, and not as a series of disconnnected articles or
statutes. (Baking v. The Director of Prisons, G.R. No. L-30364, July 28, 1969, citing Crawford, Statutory
Construction, 1940 ed., p. 669)
Legislative Prerogative to Enact Penal Laws Only the legislative branch of the government can enact penal
laws. While the President may define and punish an act as a crime, such exercise of power is not executive
but legislative as he derives such power from the law-making body. (Under the 1987 Constitution, the
President is also vested with legislative power in the exercise of emergency power to carry out a declared
national policy. [Article VI, Sec. 23 (2)])
It is a legislative prerogative to determine what acts or omissions should be deemed criminal offenses and
what sanctions should attach to them. (Baylosis, et al. v. Chavez, Jr., et al., G.R.
No. 95136, October 3, 1991)
It is the legislature which determines which act or combination of acts are criminal in nature. It is Congress,
not the courts, which is to define a crime, and ordain its punishment.

LEGISLATIVE PREROGATIVE TO ENACT PENAL LAWS

The power of Congress to enact penal laws is not absolute as it is limited by the Constitution. Congress
cannot enact an ex post facto law or a bill of attainder (Article III, Sec. 22, 1987 Constitution). It cannot
provide for a cruel, degrading or inhuman punishment; and neither can it impose excessive fines (Article III,
Sec. 19 [1]).
Ex Post Facto Law
An ex post facto law is one passed after the commission of an act making the latter criminal when it was
not at the time it was executed. Aggravating the offense or prescribing a greater penalty is included in the
prohibition against an ex post facto law. (Nolledo, The Revised Penal Code Annotated [2008 Fifteenth
Revised Edition], p. 100)
Bill of Attainder; Bill of Pains and Penalties
A bill of attainder is a legislative act which inflicts punishment without trial. (Cummings v. Missouri, 4 Wall
277) Its essence is the substitution of a legislative act for a judicial determination of guilt. (People v. Ferrer,
48 SCRA 382, 395)
If the punishment be less than death, the act is termed as bill of pains and penalties. However, within the
meaning of the 1987 Constitution, bills of attainder include bills of pains and penalties.
Repeal of penal laws
Where the repeal is absolute, the offense ceases to be criminal. The accused must be acquitted. (People v.
Tamayo, 61 Phil. 225) Where an Act of the Legislature which penalizes an offense repeals a former Act
which penalized the same offense, such repeal does not have the effect of thereafter depriving the courts
of jurisdiction to try, convict, and sentence offenders charged with violations of the old law prior to its
repeal. (US v. Cuna, 12 Phil. 241) The accused, charged with violations of the old law prior to the repeal,
cannot be legally prosecuted after such epeal. (People v. Sindiong and Pastor, 77 Phil. 1000)
A new law which omits anything contained in the old law dealing on the same subject, operates as a repeal
of anything not so included in the amendatory act. (Reyes, The Revised Penal Code Criminal Law, Book One
[17th Edition], p. 17) The reason for the law ceasing, the law itself also ceases. (The legal maxim for it is
"cessante ratione legis cessat ipsa lex.")

Chapter II FELONIES
Felonies defined Felonies are acts and omissions punishable by law. (Art. 3, RPC) They are committed not
only by means of deceit (dolo)- that is, when the act is performed with deliberate intent--but also by
means of fault (culpa)-i.e., when the wrongful act results from imprudence, negligence, lack of foresight, or
lack of skill. If the crime is punished by the RPC, it is called a felony; if by a special law, it is called an
offense. If by an ordinance, it is called an infraction of an ordinance.
Requisites of Felony
For a felony to exist, the following requisites must be present, to wit: (1) there must be an act or omission;
(2) the act or omission must be punishable by law; and (3) the act or omission must have been committed
either with deliberate intent or through negligence or imprudence. (People of the Philippines v. Gonzales,
G.R. No. 80762, March 19, 1990, 183 SCRA 309)
The word "felony"does not cover a crime punished by special law. (Filipinas Life Assurance Co. v. Tolentino,
SP-5858, October 1, 1976, cited in Sandoval, Pointers in Criminal Law [2010], p. 11 and Aquino, Criminal
Law [Revised Edition], p. 7)
The act must be external because internal acts are beyond the sphere of penal law. A criminal thought or a
mere intention, no matter how immoral or improper it may be, will never constitute a felony. (Reyes, The
Revised Penal Code Criminal Law, Book One [17th Edition], p. 34) For a crime to exist in our law, there must
be both mens rea (criminal intent or guilty mind) and actus reus (criminal or guilty act). (See Valenzuela v.
People of the Philippines, G.R. No. 160188, June 21, 2007, citing Umil v. Ramos, G.R. No. 81567, October 3,
1991; see also Brown, Legal Terminology [2007], p. 19)
Classification of Crimes
In our criminal law, crimes are classified into: (1) Intentional Felonies; (2) Culpable Felonies; and (3) Those
that are penalized under special laws.
Elements of Dolo
The elements of dolo (deceit) are: (1) Freedom; (2) Intelligence; and (3) Intent. Actus non facit reum, nisi
mens sit rea - An act cannot be criminal where the mind is not criminal. Actus non facit reum non est mens
actus - An act done against my will is not my act.
Intent As An Element of Felonies Committed By Means of In the case of Artemio Villareal v. People of the
Philippines (G.R. No. 151258, December 1, 2014), it was held that the requirement of intent in intentional
felony must refer to malicious intent and that it must be proven beyond reasonable doubt. In said case, it
was further held that if death resulted from an act executed without malice or criminal intent but with lack
of foresight, carelessness or negligence, the act must be qualified as reckless or simple negligence or
imprudence resulting in homicide.

The Term "Special Law"

For purposes of criminal law, the term "special law" is one which is not amendatory of the provisions of the
Code but which defines and punishes offenses not covered by the latter. (U.S. v. Serapio, 23 Phil. 584) The
provisions of the RPC are supplementary to such special laws. (Art. 10, RPC) But the "concept and rule do
not apply to special legislation amending the provisions of the Code since they are integrated into and
form part of the latter." (Regalado, Criminal Law Conspectus [First Edition], p. 2) If a special law is an
amendment to a provision of the RPC, the act is considered a felony. Consequently, the provisions of the
RPC are made applicable to such special law. (Palattao, The Revised Penal Code Made Easy Book I [2005
Edition], p. 69)
Classification of Felonies
I. According to manner or mode of execution (Art. 3, RPC)
1. Intentional Felonies - committed by means of deceit or malice (Ex. Murder and Estafa)
2. Culpable Felonies - where the wrongful acts result from imprudence, negligence, lack of foresight or lack
of skill (Ex. Homicide thru Reckless Imprudence or Reckless Imprudence resulting in Homicide).
II. According to gravity (Art. 9, RPC)
1. Grave Felonies - those to which the law attached the capital punishment or penalties which in any of
their periods are afflictive in accordance with Art. 25 of the Revised Penal Code (Ex. Rape, Parricide)
2. Less Grave Felonies - those which the law punishes with penalties which in their maximum period are
correctional (Ex. Attempted Homicide, Illegal Discharge of Firearm)
3. Light Felonies - those infractions of law for the commission of which the penalty of arresto menor or a
fine not exceeding two hundred (P200.00) pesos, or both, is provided (Ex. Slight Physical Injuries, Alarm
and Scandal under Article 155)
III. According to stage of execution (Art. 6, RPC)
1. Consummated - when all the elements necessary for its execution and accomplishment are present.
2.Frustrated when the offender performs all the acts - of execution which would produce the felony as a
consequence but which nevertheless do not produce it by reason of causes independent of the will of the
perpetrator.
3.Attempted - when the offender commences the commission of a felony directly by overt acts, and does
not perform all the acts of execution which should produce the felony by reason of some cause or accident
other than his own spontaneous desistance.
Overt act is "some physical activity or deed, indicating the intention to commit a particular crime, more
than a mere planning or preparation, which if carried to its complete termination following its natural
course, without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator,
will logically and necessarily ripen into a concrete offense." (Reyes, The Revised Penal Code Criminal Law,
Book One [17th Edition], p. 97)
Subjective and Objective Phases of a Felony
The subjective phase is that portion of the execution of the crime starting from the point where the
offender begins up to that point where he still has control of his acts. If it reaches the point where he has
no more control over his acts, the subjective phase is passed. If the subjective phase is not yet passed, the
felony would be a mere attempt. If it is already passed, but the felony is not produced, as a rule, it is
frustrated. (Gregorio, Fundamentals of Criminal Law Review [1988 Eight Edition], p. 28, citing U.S. v.
Eduave, 36 Phil. 209) The objective phase is the result of the acts of the execution, that is, the
accomplishment of the crime. If the subjective and objective phases are present, there is a consummated
felony. (Ibid.)
NOTE: There is no frustrated rape. Rape is either attempted or consummated. In the crime of rape, from
the moment the offender has carnal knowledge of his victim, he actually attains his purpose and, from that
moment also all the essential elements of the offense have been accomplished. Taking into account the
nature, elements, and manner of execution of the crime of rape and jurisprudence on the matter, it is
hardly conceivable how the frustrated stage in rape can ever be committed. (People v. Orita, G.R. No.
88724, April 3, 1990)
Also, there is no frustrated theft. In Valenzuela v. People of the Philippines (G.R. No. 160188, June 21,
2007), holding that unlawful taking (which is the deprivation of one's personal property) is the element
which produces the felony of theft in its consummated stage, the Supreme Court declared that under
Article 308 of the RPC, theft cannot have a frustrated stage and that theft can only be attempted or
consummated.
Conspiracy and Proposal to Commit Felony
Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially
provides a penalty therefor. (Art. 8, RPC) Thus, conspiracies to commit treason and rebellion as well as
sedition are punishable by law. While only proposals to commit treason and rebellion are punishable.
(Conspiracy by itself may be punished by law. Examples are brigandage and combinations in restraint of
trade or commerce. [See Articles 306 and 186, RPC])

A conspiracy exists when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it. And there is proposal when the person who has decided to commit a
felony proposes its execution to some other person or persons. It is a settled rule that conspiracy need not
be proved by direct evidence of prior agreement on the commission of the crime. The same can be
inferred from the conduct of the accused before, during and after the perpetration of the offense showing
that all the accused acted in unison with each other, evincing a common purpose or design. (Vide: People
v. Pablo, et al. 349 SCRA 79)
Light Offenses
Light felonies are punishable only when they have been consummated, with the exception of those
committed against persons or property. Stated otherwise, there is no attempted or frustrated light felony
except in light felonies against persons or property. Likewise, in light felonies, only the principals and
accomplices are liable (Art. 16, RPC).
Mistake of Fact
While ignorance of the law excuses no one from compliance therewith (ignorantia legis non excusat),
ignorance or mistake of fact relieves the accused from criminal liability (ignorantia facti excusat). (Reyes,
The Revised Penal Code Criminal Law, Book One [17th Edition], p. 44; see also US v. Ah Chong, 15 Phil. 488)
Criminal Liability
Criminal liability shall be incurred: (1) By any person committing a felony (delito) although the wrongful act
done be different from that which he intended, and By any person performing an act which would be an
offense against persons or property, were it not for the inherent impossibility of its accomplishment or on
account of the employment of inadequate or ineffectual means. (Art. 4, RPC)

There are three (3) scenarios under paragraph 1 of Article 4, to wit:

A. Error in personae (mistake in the identity of the victim)
B. Aberratio ictus (mistake in the blow) (See People v. Macagaling, 237 SCRA 299)
C. Praeter intentionem (injurious result is greater than that intended) The felony committed must be the
proximate cause of the resulting injury. Proximate cause has been defined as "that cause, which, in natural
and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without
which the result would not have occurred." (Vda. De Batacan, et al. v. Medina, 102 Phil. 181)
Impossible Crime
The requisites of an impossible crime are: (1) that the act performed must be an offense against persons or
property; (2) that the act was done with evil intent; and (3) that its accomplishment was inherently
impossible or the means employed was either inadequate or ineffectual. (Jacinto v. People, 592 SCRA 426
[2009])
This is the only crime provided for in Book 1 of the Revised Penal Code. The Court, having in mind the
social danger and the degree of criminality shown by the offender shall impose the penalty of arresto
mayor or a fine ranging from two hundred
Duty of the Court In Cases of Excessive Penalties
The court shall submit to the Chief Executive, through the Department of Justice, such statement as may
be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the
provisions of the Code would result in the imposition of a clearly excessive penalty, taking into
consideration the degree of malice and the injury caused by the offense. (Art. 5, par. 2, RPC)

Mala in Se and Mala Prohibita

Crimes mala in se are crimes which are punishable by the Revised Penal Code. While crimes mala prohibita
are those punishable by special laws enacted for the orderly regulation of society. (Nolledo, The Revised
Penal Code Annotated [2008 Fifteenth Revised Edition], p. 12) In crimes mala in se, intent is essential. On
the other hand, in crimes mala prohibita, intent is not essential as long as the same are committed
voluntarily. (Ibid.)
Mala in se are crimes which are wrong from their nature, such as murder, theft, rape, etc. While mala
prohibita are wrong merely because they are prohibited by statutes, like Illegal Possession of Firearms or
violation of the Omnibus Election Law.
NOTE: But when the acts are inherently immoral, they are mala in se, even if punished under special law.
(See People v. Sunico, et al., CA 50 O.G. 5880)
Offenses Not Subject to the Provisions of the RPC
Offenses which are or in the future may be punishable under special laws are not subject to the provisions
of the RPC. The Code shall be supplementary to such laws, unless the latter should specially provide the
contrary. (Art. 10, RPC)

Chapter III
CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
Under the RPC, there are five circumstances affecting the criminal liability of an individual. They are
Justifying (Art. 11), Exempting (Art. 12), Mitigating (Art. 13), Aggravating (Art. 14), and Alternative
Circumstances (Art. 15).
Justifying Circumstances
A person who acts under any justifying circumstances enumerated under the RPC does not commit a crime
under the law.
The following are justifying circumstances (shorter version)
1. Self-Defense
2. Defense of relatives
3. Defense of stranger
4. Avoidance of greater evil or injury
5. Fulfillment of duty or lawful exercise of right or office
6. Obedience to an order issued for some lawful purpose

1. Requisites of Self-defense:
(a) Unlawful aggression;
(b) Reasonable necessity of the means employed to prevent or repel it;
(c) Lack of sufficient provocation on the part of the person defending himself.

2.Requisites of Defense of Relatives:

(a) Unlawful aggression;
(b) Reasonable necessity of the means employed to prevent it; and
(c) The person defending acts in defense of the person or rights of his-prevent it; and
(1) Spouse;
(2) Ascendants;
(3) Descendants;
(4) Legitimate, natural or adopted brothers or sisters;
(5) Relatives by affinity (except the spouse) in the same degrees above like son-in-law, brother- in-law, etc.;
or
(6) Relatives by consanguinity within the fourth civil degree.
(d) In case the provocation was given by the person attacked, that the one making the defense had no fault
therein.
3.Requites of Defense of Stranger:
(a) Unlawful aggression;
(b) Reasonable necessity of the means employed to prevent or repel it; and
(c) That the person defending be not induced by revenge, resentment or other evil motives.
4. Requites of Avoidance of Greater Evil or Injury:
(a) The evil sought to be avoided actually exists;
(b) The injury feared be greater than that done to avoid it; and
(c) There be no other practical and less harmful means of preventing it.
5. Requisites of Fulfillment of Duty or Lawful Exercise of Right or Office: (
a) The offender acts in the proper fulfilment of duty or in the lawful exercise of right or office; and
(b) The injury inflicted be necessary in the proper performance of duty or in the lawful exercise of right or
office. (See People v. Belbes, 334 SCRA 161)
6. Requisites of Obedience to an order issued for some lawful purpose:
(a) The person acts in obedience to an order;
(b) The order was issued by a superior officer;
(c) The order is for some lawful purpose; and
(d) The injury or damage sustained or inflicted is the necessary consequence of an act in obedience to the
lawful order
When the aggressor runs away, the one making a defense has no more right to invoke self-defense.
(People v. Alconga, et al., 78 Phil. 366) The number of the stab wounds and the nature thereof belie the
theory of self-defense. (People v. Abagon, 161 SCRA 255) Defense of a relative cannot be claimed if the
relative defended is the aggressor. (People v. Anuril, (CA) 40 O.G. 8477)
Exempting Circumstances
Article 12 enumerates persons who are exempted from criminal liability. Unlike in justifying circumstances,
here there was a crime committed, there is a criminal but for reasons of public policy, no penal liability
shall be inflicted on him.
The following are exempting circumstances (shorter version)
1. Imbecility or insanity (unless acting during a lucid interval)
2. Minor under 9 years of age
3. Minor over 9 and Under 15 Years version):
4. Accident
5. Irresistible Force
6. Uncontrollable fear
7. Prevented by Insuperable Cause
An imbecile is a person marked by mental deficiency, while an insane person is one who has an unsound
mind or suffers from a mental disorder. Only when there is a complete deprivation of intelligence at the
time of the commission of the crime shall the exempting circumstance of insanity be considered. (People v.
Robinos, G.R. No. 138453, May 29, 2002)
A child below nine years old is absolutely free from criminal liability. But the parent or guardian of said
child may be held civilly liable. (See Art. 101, RPC) Under Sec. 6 of R.A. No. 9344 (Juvenile Justice and
Welfare Act of 2006), a child 15 years of age or under at the time of the commission of the offense is
exempt from criminal liability. However, the child shall be subjected to an intervention program. If a child
is above 15 years but below 18 years of age, he/she is likewise exempt from criminal liability and shall be
subjected to an intervention program, unless he/she has acted with discernment. Under Section 58 of the
same law, persons below 18 years of age shall be exempt from prosecution for the crime of vagrancy and
prostitution, of mendicancy under PD 1563 and sniffing of rugby under PD 1619, provided said persons
shall undergo appropriate counseling and treatment program. (No death penalty shall be imposed upon
children in conflict with Law. [ Sec. 59 of RA No. 9344 ] Under Sec. 38 of the same law, suspension of
sentence shall still be applied even if the juvenile is already 18 years of age or more at the time of the
pronouncement of his/her guilt.)
Discernment must be proved by showing that the accused acted with knowledge or understanding of the
consequences of his act. (People v. Maralit, 30 Phil. 155) Requisites of Accident:
(a) The accused must act with due care, performing a lawful act;
(b) Mere accident caused the injury sustained; and
(c) Absence of fault or intent to cause the injury. Requisites of Irresistible Force:
(a) The accused is being compelled to act under a force:
(b) The force must be irresistible, that is, despite all resistance, the accused is reduced to a mere
instrument; and
(c) The force must be an external force. (People v.Elicanal, 35 Phil. 209).
The fear must be uncontrollable, that is, real, imminent or reasonable fear for one's life or limb. "Duress,
as a valid defense, should be based on real, imminent or reasonable fear for one's own life. It should not be
inspired by speculative fanciful or remote fear. A threat of a future injury is not enough." (People v.
Palencia, et al., L-38957, April 30, 1976) Requisites of "Prevented by Insuperable Cause": (1) An act is
required by law to be done; (2) A person fails to perform such act; and (3) (3) His failure to perform such
act was due to some lawful or insuperable cause..
Absolutory Causes An absolutory cause
is "a circumstance which is present prior to or simultaneously with the offense by reason of which the
accused who acts with criminal intent, freedom and intelligence does not incur criminal liability for an act
which constitutes a crime." (Regalado, Criminal Law Conspectus [First Edition], p. 54)
Under the RPC, an accused can invoke the following absolutory causes: (1) spontaneous desistance in
attempted felonies (Art. 6, par. 3); (2) accessories in light felonies (Art. 16); (3) accessories exempt from
liability by reason of relationship (Art. 20); (4) legal spouse or parent who inflicts slight or less serious
physical injuries under exceptional circumstances (Art. 247); and (5) persons not criminally liable for theft,
estafa or malicious mischief by reason of relationship to the offended party (Art. 332). (NOTE: The
exemption established by Art. 332 shall not be applicable to strangers participating in the commission of
the crime.)

Entrapment Distinguished From Instigation

In an entrapment, ways and means are resorted to for the purpose of trapping and capturing the
lawbreakers in the execution of their criminal plan. While in instigation, the instigator practically induces
the would-be defendant into the commission= of the offense, and himself becomes a co-principal. (People
v. Naelga, 599 SCRA 477 [2009])

Mitigating Circumstances Mitigating circumstances

are those which do not entirely free the actor from penal responsibility but serve only to lessen or reduce
the imposable penalty.
There are two (2) classes of mitigating circumstances: (1) Ordinary Mitigating which can be offset by
aggravating circumstances, and which if present tends to reduce the penalty by periods, and (2) Privileged
Mitigating (like minority and incomplete requisites to justify the offense or exempt the offender from
criminal liability) which can not be offset by any aggravating circumstances, and which if present tends to
reduce the penalty by degrees.

The following are mitigating circumstances (shorter version):

1. Incomplete Justifying or Exempting circumstances
2. . Under 18 or over 70 years old
3. 3. No intention to commit so grave a wrong
4. 4. Provocation or Threat
5. 5. Vindication of grave offense
6. 6. Passion or obfuscation
7. Surrender and Confession of Guilt
8. Physical defects
9. Illness of the offender
10. Similar and Analogous circumstances.
Unlawful aggression must always exist in order that incomplete self-defense may be considered
mitigating. (People v. Carreno, 9 Phil. 544) Otherwise put, unlawful aggression is an indispensable
requisite in incomplete self-defense. (People v. Deopante, G.R. No. 102772, October 30, 1996) The
mitigating circumstance of "under 18" under paragraph 2 of Article 13 is deemed repealed by R.A. No.
9344. Under the said law, a child above 15 years of age but below 18 years of age shall be exempt from
criminal liability unless he has acted with discernment. The circumstance that the offender is over 70
years of age is only a generic mitigating circumstance.
Lack of intention to commit so grave a wrong cannot be appreciated as mitigating in conspiracy. (People v.
Espejo, L-27708, Dec. 19, 1970, 36 SCRA 400) For sufficient provocation or threat by offended party to
constitute as mitigating circumstance, the following are the requisites: (1) The provocation or threat must
be from the offended party; (2) The provocation or threat must be sufficient or adequate to stir one to
commit the act; and (3) The provocation or threat must immediately precede the act. Immediate
vindication of a grave offense does not exist if the offended party or victim was not the one who
committed the grave offense. (People v. Dagtan, 57 O.G. 269) appreciate the mitigating circumstance of
passion and obfuscation, the following requisites must concur: (1) There must be an act both unlawful and
sufficient to produce such condition of mind; (2) and that said act which produces the obfuscation was not
far removed from the commission of the crime by a considerable length of time, during which the
perpetrator might recover his normal equanimity. (People v. Alanguilang, 52 Phil. 662) The surrender may
be made even after the issuance of warrant of arrest as long as the surrender is voluntary. (People v.
Bernard, L-15327, April 20, 1960). What the law considers as mitigating is the voluntary surrender of an
accused before his arrest, showing either acknowledgement of his guilt or an intention to save the
authorities from trouble and expense that his search and capture would require. (People v. Laureta, Jr.,
G.R. No. 31245, March 21, 1988) Mere lack of resistance to the arrest is not voluntary surrender. (People v.
Dimdiman, 57 O.G. 843)
A plea of guilty is not considered mitigating if entered after the prosecution had begun presenting its
evidence. (People v. Halasan, L-21496, July 21, 1967) One suffering from physical defect, which restricts
one's means of action, defense, or communication with one's fellow beings, does not have complete
freedom of action and, therefore, is a diminution of that element of voluntariness. Requisites of Illness of
the offender: (1) The illness of the offender must diminish the exercise of his will-power; (2) Such illness
should not deprive the offender of consciousness of his acts. It is mitigating because there is a diminution
of intelligence and intent. Examples of similar and analogous mitigating circumstances are: (1) Poverty in
theft (but not in murder); and (2) Immediate reimbursement in case of malversation.
NOTE: A fact may not give rise to two or more mitigating circumstances. Thus, passion or obfuscation and
provocation cannot be both appreciated from one act. (People v. De los Santos, 85 Phil. 870) Aggravating
Circumstances These circumstances, if present in the commission of the crime, serve to increase the
penalty imposable (without however exceeding the maximum period for the offense).

Kinds of Aggravating Circumstances

The different kinds of aggravating circumstances-
1.Specific- those that apply only to some particular crimes like disregard of respect due the offended party
on account of rank, sex or age which are applicable only to crimes against persons or honor. Ignominy
which applies only to crimes. against chastity; cruelty which applies only to crimes against person.
2.Generic- those which generally, can be applied to all offenses like dwelling, recidivism, in consideration of
price, reward or promise.
3. Inherent- those which necessarily accompany or inhere in the commission of the crime like evident
premeditation in theft or robbery.
4. Qualifying-those which if attendant, alter or change the nature of the crime necessarily increasing the
penalty. such as by means of poison, with aid of armed men in killing persons or grave abuse of confidence
which makes stealing one of qualified theft. These circumstances however must be alleged in the
information to make them qualifying.
The aggravating circumstances (shorter version) under Art. 14 are as follows:
1. Advantage Taken of public position;
2. Contempt or Insult to public authorities;
3. Disregard of rank, age or sex or Dwelling of offended party';
4. Abuse of confidence and obvious ungratefulness;
5. Palace and places of commission of offense;
6. Nightime, uninhabited place or band
7. On occasion of calamity or Misfortune
8. Aid of armed men, etc
9. Recidivism
10. Reiteracion or Habituality
11. Price, reward or promise
12. By means of Inundation, fire, etc.
13. Evident Premeditation
14. Craft, Fraud or Disguise
15. Superior strength or means to weaken defense
16. Treachery (Alevosia)
17. Ignominy
18. Unlawful entry
19. Breaking Wall
20. Aid of Minor or by means of motor vehicles
21. Cruelty
In taking advantage of public position, the offender must be a public officer and must have used his
influence, prestige or ascendancy of his office. This is inherent in crimes by public officers under Arts. 204
to 245; in case of accessories under Art. 19 (No. 3) as well as in falsification in Art. 171. Contempt of or with
insult to public authority, is appreciated only if the crime is committed while the public authority is in the
exercise of his functions and that the crime is not committed against the public officer himself. The
aggravating circumstance of disregard of sex and age cannot be absorbed by treachery. Treachery refers to
the manner of the commission of the crime. Disregard of sex and age pertains to the relationship of the
victim. (See People v. Lapaz, G.R. No. 68898, March 31, 1989)
The dwelling (morada) need not be owned by the offended party; he may be a boarder of the house or
dwelling. If the offender and offended party live in one and the same place, dwelling is not aggravating.
(People v. Ambis, 68 Phil. 635). Confidence in the aggravating circumstance of Abuse of Confidence must
be immediate and personal, must have induced and given the offender the needed advantage, and must
have facilitated the offense. Abuse of confidence is inherent in malversation, qualified theft, qualified
seduction and estafa by misappropriation as when an agent converts to his own use the principal's money
entrusted to him. The aggravating circumstance of "Commission in the Palace of the Chief Executive, or in
his presence, or place where authorities discharge their duties, or in a place of religious worship" is based
on the greater perversity of the offender, as shown by the place of the commission of the crime, which
must be respected.
Nighttime or nocturnity must be especially sought by the offender and must have facilitated the
commission of the offense. (People v. Alcala, 46 Phil. 739.) Nocturnity is absorbed in treachery. (People v.
Pardo, 79 Phil 578; People v. Sigayon, L-18523 April 30, 1966) Uninhabited place must be taken advantage
of by the offender. (People v. Aguinaldo, 55 Phil. 610.)
The reason for the aggraving circumstance of "on occasion of conflagration, shipwreck, etc." is found in the
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. (US v. Rodriguez,
19 Phil. 150) Requisites for aid of armed men: (1) that armed men or persons took part in the commission
of the crime, directly or indirectly; (2) that the accused availed himself of their aid or relied upon them
when the crime was committed.
Whenever more than three armed malefactors shall have acted together in the commission of an offense,
it shall be deemed committed by a band. Band may be absorbed in treachery. A recidivist is one who, at
the time of his trial for one crime, shall have been previously convicted by final judgment of another crime
embraced in the same title of the RPC. There can be no previous final judgment and consequently no
recidivism if accused is convicted of two or more crimes in one and the same judgment even if the two or
more crimes are embraced under the same title of the Penal Code. (U.S. v. Parrida, 23 Phil. 189.)
Recidivism is appreciated no matter how many years intervened between the first and the next offense.
(People v. Caloocan, 60 Phil. 875.) To prove recidivism, it is necessary to allege the same in the information
and to attach thereto certified copies of sentences rendered against the accused. (People v. Molina, G.R.
Nos. 134777-78, July 24, 2000, 336 SCRA 400))
There is reiteracion or habituality if the offender has been previously punished for an offense to which the
law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.
(See People v. Cajara, G.R. No. 122498, September 27, 2000, 341 SCRA 192) It may be distinguished from
recidivism as follows: Previous conviction is required in recidivism while previous punishment is required in
reiteracion. The new crime must be embraced in the same title of the Penal Code in recidivism while this is
not required in reiteracion.
The circumstances of reward or promise and inundation, fire, poison, etc. qualify the killing to murder.
The circumstance of inundation, fire, poison, etc. is inherent in crimes involving destruction under Art. 324
of the RPC.
Requisites of evident premeditation:
(a) The time when the offender is determined to commit the offense;
(b) An act showing that accused had clung to this determination; and
(c) Sufficient interval of the time between the determination and execution of the crime to allow the
accused to reflect upon the consequences of his act. (People v. Atanacio, L-39217, March 5, 1984).
Evident premeditation is inherent in robbery, estafa, theft and similar offenses.
Disguise is aggravating if the accused, together with two others, wore masks to cover their faces. There
could have been no other purpose for this but to conceal their identities. (Vide: People v. Cabato, G.R. No.
37400, April 15, 1988) Abuse of superior strength, aid of armed men, nocturnity and craft are absorbed in
treachery. (People v. Mori, L-23511 and L-23512, January 31, 1974, 55 SCRA, p. 382.) For abuse of superior
strength to be properly appreciated, it must be shown that the accused is physically stronger than the
victim or the relative strength of the parties must be proved. (People v. Bustos, 51 Phil. 385)

Where the attack is not made with alevosia, the number of assailants and the simultaneous attack upon a
defenseless person may constitute abuse of superior force. (People v. Cantre y Ron, G.R. 70743, June 4,
1990) In order that treachery may be appreciated, it must be established beyond reasonable doubt. The
attendance of treachery as a qualifying circumstance is founded upon the concurrence of two conditions,
to wit: (1) the employment of means, method or manner of execution which would insure the offender's
safety from any defensive or retaliatory act on the latter to defend himself or to retaliate; and (2) that such
means, method or manner of execution was deliberately or consciously chosen.
Treachery may exist even if the attack is frontal if the same is sudden and unexpected. (People v. Pengzon,
44 Phil. 244). Ignominy is a circumstance pertaining to the moral order, which adds disgrace and obloquy
to the material injury caused by the crime. (US v. Abaigar, 20 Phil. 417) Unlawful entry is inherent in
trespass to dwelling, and robbery with force upon. things, but not in robbery with violence against or
intimidation of persons.
Unlawful entry exits only when the entrance into a building is made by a way not for the purpose of entry.
(People v. Lamosa, G.R. Nos. 74291-93, May 23, 1989)
The aggravating circumstance of "Wall, roof, floor, door, or window be broken" is inherent in robbery with
force upon things.
Use of motor vehicle is aggravating where the accused used the motor vehicle in going to the place of the
crime, in carrying away the effects thereof, and in facilitating their escape. (People v. Espejo, No. L-27708,
December 19, 1970, 36 SCRA 400)
For cruelty to be aggravating, it is essential that the wrong done was intended to prolong the suffering of
the victim, causing him unnecessary moral and physical pain. (People v. Llamera, Nos. L-21604-6, May 25,
1973 NOTE: Qualifying aggravating circumstances must be alleged in the information and proven during
the trial. If not alleged but only proven, they are appreciated as merely generic aggravating circumstances.
(People v. Berbano, 76 Phil. 702)

Aggravating Circumstances Not Provided under the RPC

1. Under the Influence of Dangerous Drugs. - Sec. 17 of B.P. Blg. 179 promulgated on March 2, 1982
provides: "xxx when a crime is committed by an offender who is under the influence of dangerous drugs,
such state shall be considered as qualifying aggravating circumstance." 2. Use of Unlicensed Firearm. -
Although the circumstance that human life was destroyed with the use of an unlicensed firearm is not
aggravating under Art. 14 of the RPC, it may still be taken into consideration to increase the penalty in
accordance with the explicit provisions of P.D. No. 1866 as amended by R.A. No. 8294. 3.
Organized/Syndicated Crime Group. The maximum penalty shall be imposed if the offense was committed
by any person who belongs to an organized/syndicated crime group. An organized/syndicated crime group
means a group of two or more persons collaborating, confederating or mutually helping one another for
purposes of gain in the commission of any crime. (Art. 23, R.A. No. 7659)
Alternative Circumstances They are those circumstances which must be taken into consideration as
aggravating circumstances or mitigating circumstances to the nature and effects of the crime and the other
conditions attending its commission. The RPC enumerates them as (1) relationship of the offender and the
offended party, (2) intoxication, and (3) degree of instruction and education of the offender.

Relationship is generally mitigating in crimes against property, such as in trespass, robbery or arson.

Relationship is aggravating in physical injuries inflicted by a descendant upon an ascendant. It is mitigating

when an accused aided his brother in the fight against the offended party.
Relationship is inherent in parricide (Art. 246) and infanticide. (Art. 255) Relationship is exempting for
accessories under Art. 20, and in case of theft, swindling or malicious mischief under Art. 332. Intoxication
must not be habitual or intentional but merely accidental.
If intoxication is proved, in the absence of truth to the contrary, it is presumed to be unintentional or not
habitual. (People v. Baroy, G.R. Nos. 137520-22, May 9, 2002) A mere smell of liquor is not enough
evidence that one is intoxicated. (People v. Prado, 79 Phil. 568.) Illiteracy is not in itself sufficient to be
considered mitigating; there must be lack of intelligence. (People v. Gorospe, L-10644, Feb. 19, 1959)
Instruction or education does not refer only to literacy but more to the level of intelligence of the accused.
(People v. Ripas, 95 Phil. 63; People v. Gorospe, 105 Phil 184)
Lack of education must be proved positively and cannot be based on mere deduction or inference. (People
v. Bernardo, 40 O.G. 170; People v. Sakam, 61 Phil. 64)
In crimes committed in a merciless or heinous manner, lack of instruction is not mitigating. (U.S. v. Balaba,
37 Phil. 260) It is also not mitigating in: (1) Rape; (2) Forcible abduction; (3) Arson; (4) Treason; and (5) In
crimes against chastity like seduction and acts of lasciviousness.

Chapter IV
PERSONS CRIMINALLY LIABLE FOR FELONIES
The following are criminally liable for "grave and less grave felonies" (Art. 16, RPC): 1. Principals, 2.
Accomplices; 3. Accessories For "light felonies," the following are criminally liable: Principals; 2.
Accomplices;
"The classification under Article 16 xxx, is true only under the RPC and is not used under special laws
because the penalties under the latter are never graduated. The term 'principal" is not used when the
crime is a violation of a special law; 'offender' is used instead." (Apostol, Essentials of Criminal Law (2008
Revised Edition], p. 125) In light felonies, accessories are not liable. (Reason: The social wrong in the
commission of light felonies is so small that makes penal sanction unnecessary.) NOTE: Only natural
persons can be the active subject of crime because of the highly personal nature of the criminal
responsibility. However, under certain special laws, juridical persons are criminally liable. Under the
Corporation Law, Public Service Law, Securities Law and the Election Code, corporations may be fined for
certain violations of their provisions.
A Juridical Person is a being of legal existence, susceptible of rights and obligations, or of being the subject
of juridical relations. (Moreno, Philippine Law Dictionary [Third Edition], p. 514, citing Roldan v Philippine
Veterans Board, 105 Phil. 1084) Examples of juridical persons are corporation, partnership, corporation
sole, testate or intestate estate. (Borromeo v. Pogoy, L-63277, November 29, 1983, 126 SCRA 221)
"There are instances where the law specifies the officers who shall be criminally responsible for acts done
in behalf of the corporation and are violative of that law. Thus, under P.D. 1612 (Anti-Fencing Law), if the
fence is a partnership, firm, corporation or association, the one liable is the president, manager or officer
thereof who knows or should have known that the items were stolen goods. Under B.P. 22 (Bouncing
Checks Law), the person who signed the bouncing check in behalf of the juridical person which is the
drawer thereof shall be criminally liable." (Regalado, Criminal Law Conspectus [First Edition], p. 108)
PRINCIPALS
Under Art. 17 of the RPC, the following are considered principals: (1) Those who take a direct part in the
execution of the act ("Principal by direct participation"); (2) Those who directly force or induce others to
commit it ("Principal by induction"); and (3) Those who cooperate in the commission of the offense by
another act without which it would not have been accomplished ("Principal by indispensable cooperation")
In People v. Lao (No. L-10473, January 28, 1961), it was held that a common-law wife who induced the
killing of another common-law wife of her husband by giving money to the killer is a principal by induction,
while the killer is a principal by direct participation.

ACCOMPLICES
Accomplices are those persons who, not being a principal under Article 17, cooperate in the execution of
the offense by previous or simultaneous acts. (Art. 18, RPC)
Accomplice and Conspirator, Distinguished- ER IV: PERSONS CRIMINALLY LIABLE FOR FE Conspirators are
the authors of a crime. Accomplices are merely instruments who perform acts not essential to the
perpetration of the offense. (People v. de Vera, G.R. No. 128966, August 18, 1999)

Conspiracy
Under Art. 8 (par. 2), conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it. Note that the conspiracy contemplated in the first
requisite is not a felony, but only a manner of incurring criminal liability.
The agreement may be deduced from the manner in which the offense was committed. (People v. Amazon,
G.R. Nos. 136251, 138606 and 138607, January 16, 2001)
If conspiracy is proved, all the conspirators are criminally liable for the crime charged and proved. The act
of one is the act of all. (People v. Bulan, G.R. No. 143404, June 8, 2005, 459 SCRA 550)
While conspiracy may be implied from the circumstances attending the commission of the crime, it is
nevertheless a rule that conspiracy must be established by positive and conclusive evidence. (People v.
Ancheta and del Rosario, 66 Phil. 638)
Accessories
Under Art. 19 of the RPC, accessories are those who, having knowledge of the commission of the crime,
and without having participated therein, either as principals or accomplices, take part subsequent to its
commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the effects of the crime;
 2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to
prevent its discovery;
3. 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. However, certain accessories are exempt from criminal
liability (Art. 20, RPC)-those who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same
degrees, with the exception of accessories falling under paragraph 1 of Art. 19.

The reason for the exemption is obvious. It is based on ties of blood and the preservation of the cleanliness
of one's name, which compels one to conceal crimes committed by relatives so near as those mentioned in
Article 20. (People v. Mariano, G.R. No. 134847, December 6, 2000, 347 SCRA 109) NOTE: In US v. Yacat (1
Phil. 443), for refusing to prosecute the crime of homicide and to make an investigation of the same
serious occurrence (and thus making it possible for the principal offender to escape), the municipal
president was found guilty as accessory.

Corpus Delicti
Proof of corpus delicti is indispensable in prosecution for felonies and offenses. (People v. Quimzon, G.R.
No. 133541, April 14, 2004, 427 SCRA 261) It means the actual commission by someone of the particular
crime charged. (People v. Obedo, G.R. No. 123054, June 10, 2003, 403 SCRA 431)
Corpus delicti is the fact of the commission of the crime that may be proved by the testimonies of
eyewitnesses. In its legal sense, it does not necessarily refer to the body of the person murdered. (See
Rieta v. People, G.R. No. 147817, August 12, 2004, 436 SCRA 273) It literally means "the body or substance
of the crime." But applied to a particular offense, it means the actual commission by someone of the
particular crime charged. (People v. Mones, 58 Phil. 46)

Chapter V
PENALTIES Penalty Defined
Penalty is the punishment imposed by lawful authority upon a person who commits a deliberate or
negligent act. (Moreno, Philippine Law Dictionary [Third Edition], p. 688, citing People Moran, 44 Phil. 431)
No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Art. 21, RPC)
Any special law that uses the nomenclature of the RPC in the imposition of penalties makes such special
law a felony. (Palattao, The Revised Penal Code Made Easy Book I [2005 Edition], p. 71, citing People v.
Sunga, G.R. No. 93028, July 29, 1994) An example is R.A. No. 4885 (an amendment to Art. 315 on estafa or
swindling as another form of deceit in committing estafa).
Classification of Penalties Under Art. 25 of the RPC
Under Article 25 of the RPC, penalties are classified into: (1) Principal - provided by law for a felony and
which is imposed by the court expressly upon conviction; and (2) Accessory deemed included in the
imposition of the principal penalty.
Under Art. 25, the penalties which may be imposed and their different classes are those included in the
following:

SCALE PRINCIPAL PENALTIES

Capital punishment:
Death
Afflictive Penalties:
Reclusion perpetua
Reclusion temporal
Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification Prision
mayor

Correctional penalties:
Prision correccional
Arresto mayor
Suspension
Destierro
Light penalties:
Arresto menor
Public censure
Penalties common to the three preceding classes:
Fine, and
Bond to keep the peace

ACCESSORY PENALTIES
Principal or temporary absolute disqualification,
Perpetual or temporary special disqualification, Suspension from public office, the right to vote and be
voted for, the profession or calling, Civil interdiction, Forfeiture or confiscation of instruments and
proceeds of the Indemnification, offense, Payment of costs Duration Of Penalties (Art. 27) Reclusion
Perpetua - 20 years and 1 day to 40 years Reclusion Temporal - 12 years and 1 day to 20 years
Prision Mayor and Temporary Disqualification - 6 years and 1 day to 12 years, except when the penalty of
disqualification is imposed as an accessory penalty, in which case, its duration shall be that of the principal
penalty
Prision Correccional, Suspension, and Destierro 6 months and 1 day to 6 years, except when suspension is
imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty Arresto
Mayor - 1 month and 1 day to 6 months Arresto Menor - 1 day to 30 days Bond to Keep the peace - The
bond shall be required to cover such period of time as the court may determine (As amended by Sec. 21,
R.A. No. 7659)
Reclusion Perpetua Is An Indivisible Penalty
Despite its defined duration, Reclusion Perpetua is still to be classified as an indivisible penalty. (People v.
Lucas, 232 SCRA 537) Life Imprisonment Is Not The Same As Reclusion Perpetua First, life imprisonment is
imposed for serious offenses penalized by special laws, while reclusion perpetua is prescribed under the
RPC. Second, life imprisonment does not carry with it any accessory penalty. Reclusion perpetua has
accessory penalties. Third, life imprisonment does not appear to have any definite extent or duration,
while reclusion perpetua entails imprisonment for at least 30 years after which the convict becomes
eligible for pardon, although the maximum period thereof shall in no case exceed 40 years. (People v.
Latupan, G.R. Nos. 112453-56, June 28, 2001, 360 SCRA 60)

Destierro
It is "a punishment whereby the convict is vanished to a certain place and is probibited from entering or
coming near the place designated in the sentence, not less than 25 km. but cannot extend beyond 250 km.
If the convict should enter the prohibited place designated in the sentence, he commits the crime of
evasion of sentence." (Palattao, The Revised Penal Code Made Easy Book I [2005 Edition], p. 229)
Destierro is imposed in the following: (1) Serious physical injuries or death under exceptional
circumstances (Art. 247); (2) In case of failure to give bond for good behavior (Art. 284); (3) As a penalty for
the concubine in concubinage (Art. 334); (4) In cases where after reducing the penalty by one or more
degrees, destierro is the proper penalty. Successive Service of Sentences Under Art. 70 of the RPC, the
penalties, in the order of severity and for the purpose of successive service of sentences, have the
following scale:
1. Death (Republic Act No. 9346 [signed into law on June 24, 2006] prohibited the imposition of the death
penalty)
2. Reclusion Perpetua
3. Reclusion Tempora
l 4. Prision Mayor
5. Prision Correccional
6. Arresto Mayor
7. Arresto Menor
8. Destierro
9. Perpetual Absolute Disqualification
10. Temporary Absolute Disqualification
11. Suspension from public office, the right to vote and be voted for, the right to follow profession or
calling, and 12.Public censure

The Threefold Rule

Notwithstanding the provisions of Art. 70, the maximum duration of the convict's sentence shall not be
more than threefold the length of time corresponding to the most severe of the penalties imposed. Such
maximum period shall in no case exceed 40 years. (Art. 70, RPC)

Article 70 ("Successive service of sentences") of the RPC is concerned exclusively with the "service" of
sentence; it speaks of "duration" of penalty and penalty to be "inflicted." It has nothing to do with the
imposition of the proper penalty. (Reyes, The Revised Penal Code Criminal Law, Book One [17th Edition], p.
752-753)

Graduated Scales (Art. 71, RPC)

For the purpose of graduating the penalties in the light of the mitigating and aggravating circumstances
present in the commission of the offense, the following graduated scales shall be observed by the courts:
SCALE NO. 1
1.Death
2. Reclusion perpetua
3. Reclusion temporal
4. Prision mayor
5. Prision correccional
6. Arresto mayor
7. Destierro
8. Arresto menor
9. Public censure
10. Fine

SCALE NO. 2
1. Perpetual absolute disqualification
2. Temporary absolute disqualification
3. Suspension from public office, the right to vote and be voted for, and the right to follow a profession or
calling
4. Public censure
5. Fine
Preventive and Subsidiary Imprisonment Defined Preventive imprisonment is the incarceration undergone
by a person accused of a crime which is not bailable, or even if bailable, can not afford to post the bond.
During the trial of his case, he is detained in jail. He is called a detention prisoner.
Subsidiary imprisonment, on the other hand, is the personal penalty prescribed by law in substitution of
the payment of fine embodied in the decision when the same can not be satisfied because of the culprit's
insolvency. (Sandoval, Pointers in Criminal Law [2010], p. 76, citing People vs. Jarumayan, 52 O.G. 248)

Subsidiary Imprisonment is not an accessory penalty; the guilty person is not bound to undergo the same,
even if proper under Art. 39 of the RPC, unless the judgment expressly states. (People v. Fajardo, 65
Phil.539)
Complex Crimes (Compound Crime and Complex Crime Proper)
When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary
means for committing the other, the penalty for the most serious crime shall be imposed, to be applied in
its maximum period. (Art. 48, RPC)
Art. 48 speaks of two types of complex crimes: (1) when a single act constitutes two or more grave or less
grave felonies ("compound crime/delito compuesto"), and (2) when an offense is a necessary means of
committing the other ("complex crime proper/delito complejo").
An example of a compound crime is the single act of firing a shot with the same bullet causing the death of
two persons who were standing on the same line of the direction of the bullet. (People v. Pama, CA, 44
O.G. 3339, cited in Reyes, The Revised Penal Code Criminal Law, Book One [17th Edition], p. 660)
On the other hand, an example of a complex crime proper is falsification of public document by an
accountable officer as a means to commit malversation. (People v. Barbas, 60 Phil. 241, cited in Reyes, The
Revised Penal Code Criminal Law, Book One [17th Edition], p. 667)
NOTE: Art. 48 is not applicable in case of special complex crimes specifically provided for in the RPC like
Robbery with Homicide or Rape or with Arson (Sec. 9, R.A. No. 7659 amending par. 1 of Article 294), or
Rape with Homicide (Sec. 11, R.A. No. 7659 amending Article 335). It applies only when no specific penalty
is stated in the law. In complex crime, although two or more crimes are actually committed, they constitute
only one crime in the eyes of the law. The offender has only one criminal intent. Hence, there is only one
penalty imposed. (Reyes, The Revised Penal Code Criminal Law, Book One [17th Edition], pp. 656-657,
citing People v. Hernandez, 99 Phil.
The underlying philosophy of complex crimes, which follows the pro reo principle in Spanish law, is to favor
the accused by imposing only one penalty (ie., the penalty for the graver offense in the maximum period),
regardless of the number of crimes committed. (See People v. Hernandez, 99 Phil. 515)
Plurality of Crimes - consists in the successive execution by the same individual of different criminal acts
upon any of which no conviction has yet been declared. (Reyes, The Revised Penal Code Criminal Law, Book
One [17th Edition], p. 682)
Two kinds of plurality of crimes: (1) Formal or Ideal; and (2) Real or Material. In formal or ideal plurality of
crimes, there is but one criminal liability.
 On the other hand, in real or material plurality of crimes, there are different crimes in law and in the
conscience of the offender.
Continuing Crime (Delito Continuado)
Defined A continuing (continuous) crime is a single crime consisting of a series of acts arising from one
criminal resolution; it is a continuous, unlawful act or series of acts set on foot by a single impulse and
operated by an unintermittent force however long a time it may occupy. (22 C.J.S. 52; Reyes, The Revised
Penal Code Criminal Law, Book One [17th Edition], p. 683)
Examples are the cases of a collector of a commercial firm misappropriating for his personal use several
amounts collected by him from different persons and a thief taking from the yard of a house two game
roosters belonging to two different persons. (Reyes, The Revised Penal Code Criminal Law, Book One [17th
Edition], pp. 683-684)

Habitual Delinquency
Art. 62 of the RPC lays down the rules for the "effects of the attendance of mitigating or aggravating
circumstances and of habitual delinquency."
Under Art. 62, a person shall be deemed to be habitual delinquent, if within a period of ten years from the
date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto,
estafa, or falsification, he is found guilty of any said crimes a third time or oftener. Habitual delinquency is
not a crime; it is a circumstance to be considered in the imposition of additional penalty. (People v. De
Jesus, 63 Phil. 670; People v. Blanco, 85 Phil. 296) Note further that it is not imposed for the same offense
but for the moral depravity of the accused. (People v. Montera, 55 Phil. 93) There can be habitual
delinquency even in cases of attempted or frustrated felonies. (People v. Abuyen, 52 Phil. 722)
Indeterminate Sentence Law (Act No. 4103, As Amended) The maximum term of the indeterminate
penalty, according to the Indeterminate Sentence Law, is that which, in view of the attending
circumstances, could be properly imposed under the Rules of the Code. (Francisco, Jr. v. People, 579 SCRA
608 [2009])
The law leaves it entirely within the sound discretion of the court to determine the minimum penalty, as
long as it is anywhere within the range of the penalty next lower without any reference to the periods into
which it might be subdivided. (Jarillo v. People, 601 SCRA 236 [2009]) The law applies to crimes punished
by special laws if said laws provide for their own maximum and minimum penalties. Where the special law
adopted penalties from the RPC, the Indeterminate Sentence Law will apply just as it would in felonies.
(People v. Simon, G.R. No. 93028, July 29, 1994)
Purpose of the Law
The purpose of the Indeterminate Sentence Law is to uplift and redeem valuable human material and
prevent unnecessary and excessive deprivation of personal liberty and economic usefulness. (People v.
Ducosin, 59 Phil. 109; People v. Onate, 78 SCRA 43) The said law is not a political law as it does not affect
political relations. (See Montebon v. Director of Prisons, et al., 44 O.G. 3312)
Probation Law (PD No. 968)

Probation is a disposition under which a defendant, after conviction and sentence, is released subject to
conditions imposed by the court and to the supervision of a probation officer. (Sec. 3 [a], P.D. No. 968 as
amended)
The purposes of the Probation Law are: (1) to promote the correction and rehabilitation of an offender by
providing him with individualized treatment; (2) to provide an opportunity for the reformation of a
penitent offender which might be less probable if here were to serve a prison sentence; and (3) to prevent
the commission of offenses. (Sec. 2, P.D. No. 968, as amended)

Probation may be granted whether the sentence imposes a term of imprisonment or a fine with subsidiary
imprisonment in case of insolvency. An application for probation shall be filed with the trial court. The
filing of the application is deemed a waiver of the right to appeal. (Reyes, The Revised Penal Code Criminal
Law, Book One [17th Edition], pp. 805-806; Sec. 4, P.D. No. 968)

An order granting or denying probation is not appealable (Sec. 4, P.D. No. 968)

The benefits of the law shall not be extended to those (1) sentenced to serve a maximum term of
imprisonment of more than six years; (2) convicted of subversion or any crime against national security or
the public order; (3) who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less than two hundred pesos;
(4) who have been once on probation; and (5) who are already serving sentence at the time the
substantive provisions of the Decree became applicable. Whenever a probationer is permitted to reside in
a place under the jurisdiction of another court, control over him shall be transferred to the Executive Judge
of the Court of First Instance of that place, and in such a case, a copy of the probation order, the
investigation report and other pertinent records shall be furnished said Executive Judge. (Sec. 13, P.D. No.
968, as amended)

NOTE: If the accused is sentenced to more than six years of imprisonment even by a day, he is no longer
entitled to the benefits of the Probation Law.

Other Instances When Probation Is Not Applicable

Probation is not applicable in the following instances: (1) when the accused is convicted under R.A. No.
9165 - the new Anti-Dangerous Drugs Law except when he is a first offender minor in which case he is
eligible for probation even if the penalty imposed is more than six years; however, if he is convicted of drug
trafficking or pushing he is disqualified; (2) if accused appeals his conviction irrespective of the purpose of
the appeal even if it is only to question the propriety of the penalty imposed;(3) conviction of an election
offense under the Revised Election code.
REVOCATION OF PROBATION
Having the power to grant probation, it follows that the trial court also has the power to order its
revocation in a proper case and under appropriate circumstances. (Neil V. Suyan v. People of the
Philippines, et al., G.R. No. 189644, July 2, 2014)
Chapter VI
EXTINCTION OF CRIMINAL LIABILITY
Total Extinction (Art. 89, RPC) Criminal liability is totally extinguished by:
1. Death of the convict;
2. Service of the sentence;
3. Amnesty;
4. Absolute Pardon;
5. Prescription of the crime;
6. Prescription of the penalty; and
7. Marriage of the offended woman, as provided in Art. 344 of the RPC

The death of the convict, whether before or after final judgment, extinguishes criminal liability. But civil
liability is extinguished only when the death occurs before final judgment. (The death of the offended party
does not extinguish the criminal liability of the offender as the offense is committed against the State.
[People v. Misola, 87 Phil. 830]) Service of sentence is the common mode of extinguishing riminal liability.
(NOTE: The two penalties of reclusion perpetua should be served successively in accordance with Article
70 of he RPC. [People v. Tac-an y Hipos, 182 SCRA 601])
Amnesty denotes the general pardon to rebels for their treason and other high political offenses.
(Moreno, Philippine Law Dictionary [Third Edition], p. 56)
Pardon is an act of grace, proceeding from the power entrusted with the execution of the laws which
exempt the individual on whom it is bestowed from the punishment which the law inflicts for a crime he
has committed. (Id., at p. 675, citing De Leon v. Director of Prisons, 31 Phil. 64; Gregorio, Fundamentals of
Criminal Law Review [1988 Eight Edition], p. 239)
Amnesty may be exercised even before trial is had. Pardon is exercised when the person is already
convicted. Pardon looks forward and relieves the offender from the consequences of an offense of which
he has been convicted. While amnesty looks backward and abolishes and puts into oblivion the offense
itself. (See People v. Patriarca, G.R. No. 135457, September 29, 2000, 341 SCRA 464)
Absolute pardon removes all the consequences of conviction because such kind of pardon blots out the
crime committed. (See Pelobello v. Palatino, 72 Phil. 441)
Prescription of Crime [forfeiture or loss of the right of the State to prosecute the offender after the lapse of
a certain time] (Art. 90, RPC)
1. Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years.
2. Crimes punishable by other afflictive penalties shall prescribe in fifteen years.
3. Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those
punishable by arresto mayor, which shall prescribe in five years.
4. The crime of libel or other similar offenses shall prescribe in one year.
5. The crime of oral defamation and slander by deed shall prescribe in six months. 6. Light offenses
prescribe in two months.
NOTE: The filing or institution of criminal action interrupts the period of prescription of the offense charged
unless otherwise provided in special laws. (Section 1, Rule 110 of the Revised Rules of Criminal Procedure)
The term of prescription does not run when the offender is absent from the Philippines. Prescription of
Penalties [loss or forfeiture of the right of the government to execute the final sentence after the lapse of a
certain time] (Art. 92, RPC)—
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor, which
prescribes in five years;
4. Light penalties, in one year.
Marriage, as a mode of total extinction of criminal liability, refers only to private crimes where there is no
legal impediment. It should be entered into in good faith. (People v. Santiago, 151 Phil 68) Partial
Extinction (Art. 94, RPC)
On the other hand, criminal liability is partially extinguished by:
1. Conditional Pardon;
2. Commutation of the sentence; and
3. Good conduct allowances which the culprit may earn while he is undergoing preventive imprisonment or
serving his sentence. (Art. 94, as amended by. RA No. 10592)
Conditional pardon is in the nature of a contract, the condition of which the convict, upon acceptance,
must not violate. If the convict violates the conditional pardon, he is: (1) re-arrested and re-incarcerated by
order of the President under Sec. 64 (1) of the Revised Administrative Code; and (2) prosecuted under Art.
159 ("Other cases of evasion of service of sentence") of the (Note: Parole consists in the suspension of the
sentence of a convict after serving the minimum of the sentence imposed, without granting a pardon
prescribing the terms upon which the sentence shall be suspended. If the convict violates his parole, he is
re-arrested to serve the unexpired portion of the penalty.) Conditional pardon is given by the Chief
Executive under the provisions of the Revised Administrative Code. While parole is given by the Board of
Pardons and Parole.

Commutation is a remission of a part of the punishment. It is a substitution of a less penalty for the one
originally imposed. (Moreno, Philippine Law Dictionary [Third Edition], p. 174, citing People v. Vera, 65 Phil.
111)
Commutation, which does not affect the issue of guilt of the convict but only reduces the penalty, is
sometimes called "a pardon in form, not in substance." Only the President can grant commutation. Good
conduct allowances are now available to both prisoners by final conviction and detention prisoners. (See
Arts. 94 & 97of the RPC, as amended by R.A. No. 10592) They used to be available only to prisoners by final
conviction. (See Baking v. The Director of Prisons, G.R. No. L-30364, July 28, 1969)
Good conduct allowances are granted by the Director of the Bureau of Corrections, the Chief of the Bureau
of Jail Management and Penology and/or the Warden of a provincial, district, municipal or city jail. Once
granted, they cannot be revoked. An appeal by the accused shall not deprive him of entitlement to good
conduct allowances. (Art. 97, as amended by R.A. No. 10592)

Special Time Allowance for Loyalty

This is the deduction of 1/5 of the period of the sentence of a prisoner if he, having evaded his preventive
imprisonment or the service of his sentence because of calamities or any disorders under Art. 158, gives
himself up to the authorities within 48 hours following the issuance of a proclamation regarding the
passing away of the calamity or catastrophe referred to in Art. 158. (This allowance is not applicable to
prisoners who did not escape. [Fortuno v. Director of Prisons, 45 O.G. 3365])
However, a deduction of 2/5 of the period of the sentence of a prisoner shall be granted in case said
prisoner chose to stay in the place of his confinement notwithstanding the existence of the calamity or
catastrophe..
Special time allowance for loyalty shall apply to any prisoner whether undergoing preventive imprisonment
or serving sentence. (Art. 98 of the RPC, as amended by R.A. No. 10592)
 Chapter VII
CIVIL LIABILITY
Persons Civilly Liable for Felonies
Every person criminally liable for a felony is also civilly liable. (Art. 100, RPC) The civil liability arises from
the commission of the felony (civil liability ex delicto).
Basis of Civil Liability Ex Delicto
In Chua v. Hon. Court of Appeals, et al. (G.R. No. 150793, November 19, 2004), the Supreme Court
explained the basis of civil liability ex delicto in this wise:
"xxx Generally, the basis of civil liability arising from crime is the fundamental postulate that every man
criminally liable is also civilly liable. When a person commits a crime he offends two entities namely (1) the
society in which he lives in or the political entity called the State whose law he has violated; and (2) the
individual member of the society whose person, right, honor, chastity or property has been actually or
directly injured or damaged by the same punishable act or omission. An act or omission is felonious
because it is punishable by law, it gives rise to civil liability not so much because it is a crime but because it
caused damage to another. Additionally, what gives rise to the civil liability is really the obligation and the
moral duty of everyone to repair or make whole the damage caused to another by reason of his own act or
omission, whether done intentionally or negligently. The indemnity which a person is sentenced to pay
forms an integral part of the penalty imposed by law for the commission of the crime. The civil action
involves the civil liability arising from the offense charged which d includes restitution, reparation of the
damage caused, and indemnification for consequential ve damages.
Two Classes of Injuries
Acts or omissions resulting in felonies produce two classes of injuries, to wit: (1) social injury (produced by
the disturbance and alarm which are the outcome of the offense); and (2) personal injury (caused to the
victim of the crime).
NOTE: There are the so-called "victimless crimes" like espionage, violation of neutrality, flight to an enemy
country, and crimes against popular representation. (See People v. Orais, et al., 65 Phil. 744) Victimless
crimes refer to crimes where there is no private offended party.
What Civil Liability Includes
Under Art. 104 of the RPC, the civil liability established in Articles 100, 101, 102, and 103 of the RPC
includes:
1. Restitution (restoration or return);
2. Reparation of the damage caused;
3. Indemnification for consequential damages.

Restitution; How made. - The restitution of the thing itself must made whenever possible, with allowance
for any deterioration, or diminution of value as determined by the court. (Art. 105) Reparation; How made.
- The court shall determine the amount of damage, taking into consideration the price of the thing,
whenever possible, and its special sentimental value to the injured party, and reparation shall be made
accordingly. (Art. 106)
Indemnification; What is included. Indemnification for consequential damages shall include not only those
caused the injured party, but also those suffered by his family or by a third person by reason of the crime.
(Art. 107) Restitution and reparation are generally ordered in crimes against property. Indemnification, on
the other hand, is generally awarded in crimes against persons and honor.
Restitution may be demanded even from third persons (Art. 111). But reparation and indemnification can
be required only from the accused or his heirs.
The items of damages to be awarded in case of death arising from crimes are: (1) indemnity for the death
of the victim; (2) indemnity for loss of earning capacity of the deceased; (3) moral damages; (4) exemplary
damages; (5) attorney's fees and expenses of litigation; and (6) interest in proper cases. (Gregorio,
Fundamentals of Criminal Law Review [1988 Eight Edition], p. 265, citing Brinas v. People, L-30309,
November 25,1983, 125 SCRA 687)
NOTE: Exemption from criminal liability does not include exemption from civil liability. But there is no civil
liability under paragraphs 4 (Accident) and 7 (Prevented by Insuperable Cause) of Article 12 of the RPC.

There is no civil liability in justifying circumstances, except under paragraph 4 (Avoidance of greater evil or
injury) of Article 11. But the one civilly liable is the one benefited by the act which causes damage to
another. (Tan v. Standard Vacuum Oil Co., 91 Phil. 672)
Amnesty, pardon and commutation of sentence do not extinguish civil liability ex delicto. (Art. 113, RPC) A
grant of probation to the offender does not extinguish his civil liability ex delicto. (See Budlong, etc. v.
Apalisok, etc., et al., G.R. No. 60151, June 24, 1983)
Subsidiary Liability
Under the RPC, the following are subsidiarily liable for others: (1) persons causing damages under the
compulsion of an irresistible force or the impulse of uncontrollable fear used or created by the person
primarily liable (Third Rule, Art. 101); (2) innkeepers, tavern keepers and proprietors of establishments
(Art. 102); (3) employees, teachers, persons and corporations engaged in industry (Art. 103); and (4)
principals, accomplices and accessories for the unpaid civil liability of their co-accused in the other classes
(Art. 110)

Subsidiary Civil Liability of Employers

The statutory basis for an employer's subsidiary liability is found in Article 103 of the Revised Penal Code.
This liability (unless the civil action was waived or reserved) is enforceable in the same criminal proceeding
where the award is made. (See Basilio v. Court of Appeals, G.R. No. 113433, March 17, 2000, 328 SCRA
341) There is no need for bringing a separate civil action. (Pajarito v. Seneris, etc., et al., G.R. No. L-44627,
December 14, 1978)
Sources of Civil Liability
Civil liability may arise from: (1) crime (governed by the RPC); (2) breach of contract (culpa contractual)
[governed by the Civil Code]; and (3) tortious act (culpa aquiliana) [governed by the Civil Code].
Extinction of Civil Liabilty
Civil liability established in Articles 100, 101, 102, and 103 of the RPC shall be extinguished in the same
manner as obligations, in accordance with the provisions of the Civil Law. (Art. 112, RPC)
Under the New Civil Code, civil liability is extinguished by: (1) payment or performance; (2) loss of the thing
due: (3) condonation or remission of debt; (4) confusion or merger; (5) compensation; and (6) novation.
NOTE: While all modes of extinguishment of obligations are supposed to apply to civil liability ex delicto,
one mode is not included: the loss of the thing due. Thus, even if the thing was lost through caso fortuito
(fortuitous event), the felon is still liable for indemnification and/or reparation. (Regalado, Criminal Law
Conspectus [First Edition], p. 272, citing People v. Sang Kupang Mambang, 36 Phil. 348)

The Revised Penal Code (ACT NO. 3815 as Amended)

AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS
Be it enacted by the Senate and House of Representatives of the Philippines in Legislature assembled and
by authority of the same: Preliminary Article - This law shall be known as "The Revised Penal Code."

BOOK ONE
GENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT AND APPLICATION OF THE PROVISIONS
OF THIS CODE, AND REGARDING THE OFFENSES, THE PERSONS LIABLE AND THE PENALTIES
Preliminary Title
DATE OF EFFECTIVENESS AND APPLICATION OF THE PROVISIONS OF THIS CODE ARTICLE
1. Time when Act takes effect. - This Code shall take effect on the first day of January, nineteen
hundred and thirty-two.
ART. 2. Application of its provisions. - Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against
those who:
1. Should commit an offense while a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in Title One of
Book Two of this Code.

Title One
FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY
FELONIES
ART. 3. Definitions. - Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).
There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act
results from imprudence, negligence, lack of foresight, or lack of skill. ART. 4. Criminal liability. - Criminal
liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful act done be different from that which
he intended.
2. By any person performing an act which would be an offense against persons or property, were it not for
the inherent impossibility of its accomplishment or on account of the employment of inadequate or
ineffectual means.

ART. 5. Duty of the court in connection with acts which should be repressed but which are not covered by
the law, and in cases of excessive penalties. - Whenever a court has knowledge of any act which it may
deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall
report to the Chief Executive, through the Department of Justice, the reasons which induce the court to
believe that said act should be made the subject of penal legislation.
In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such
statement as may be deemed proper, without suspending the execution of the sentence, when a strict
enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty,
taking into consideration the degree of malice and the injury caused by the offense.
ART. 6. Consummated, frustrated, and attempted felonies. - Consummated felonies as well as those which
are frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and accomplishment are
present; and it is frustrated when the offender performs all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of
the will of the perpetrator.
There is an attempt when the offender commences the commission of a felony directly by overt acts, and
does not perform all the acts of execution which should produce the felony by reason of some cause or
accident other than this own spontaneous desistance.
ART. 7. When light felonies are punishable. - Light felonies are punishable only when they have been
consummated, with the exception of those committed against persons or property.
ART. 8. Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit felony are
punishable only in the cases in which the law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it. There is proposal when the person who has decided to commit a felony
proposes its execution to some other person or persons.
ART. 9. Grave felonies, less grave felonies and light felonies. - Grave felonies are those to which the law
attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with
Art. 25 of this Code.
Less grave felonies are those which the law punishes with penalties which in their maximum period are
correctional, in accordance with the above-mentioned article.
Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a
fine not exceeding 200 pesos or both, is provided.
APPENDICES
ART. 10. Offenses not subject to the provisions of this Code. - Offenses which are or in the future may be
punishable under special laws are not subject to the provisions of this Code. This Code shall be
supplementary to such laws, unless the latter should specially provide the contrary.
Chapter Two
JUSTIFYING CIRCUMSTANCESAND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY
ART. 11. Justifying circumstances. - The following do not incur any criminal liability:
1.Anyone who acts in defense of his person or rights, provided that the following circumstances concur;
First. Unlawful aggression;
Second. Reasonable necessity of the means employed to prevent or repel it;
Third. Lack of sufficient provocation on the part of the person defending himself.

2.Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or
legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same degrees, and
those by consanguinity within the fourth civil degree, provided that the first and second requisites
prescribed in the next preceding circumstance are present, and the further requisite, in case the
provocation was given by the person attacked, that the one making defense had no part therein.
3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second
requisites mentioned in the first circumstance of this article are present and that the person defending be
not induced by revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does an act which causes damage to another,
provided that the following requisites are present; First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it; Third. That there be no other practical
and less harmful means of preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.

ART. 12. Circumstances which exempt from criminal liability. - The following are exempt from criminal
liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval. When the imbecile
or an insane person has committed an act which the law defines as a felony (delito), the court shall order
his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not
be permitted to leave without first obtaining the permission of the same court.
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case,
such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code.

When such minor is adjudged to be criminally irresponsible, the court, in conformity with the provisions of
this and the preceding paragraph, shall commit him to the care and custody of his family who shall be
charged with his surveillance and education otherwise, he shall be committed to the care of some
institution or person mentioned in said Art. 80.
4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without
fault or intention of causing it.
5. Any person who acts under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
 7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable
cause.

Chapter Three

CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY

ART. 13. Mitigating circumstances. - The following are mitigating circumstances;
1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt
from criminal liability in the respective cases are not attendant.
2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall
be proceeded against in accordance with the provisions of Art. 80.
3. That the offender had no intention to commit so grave a wrong as that committed.
4. That sufficient provocation or threat on the part of the offended party immediately preceded the
5. That the act was committed in the immediate vindication of a grave offense to the one committing the
felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees.
6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he
had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the
prosecution;
8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus
restricts his means of action, defense, or communications with his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-power of the offender without
however depriving him of the consciousness of his acts.
10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned.

Chapter Four
CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY

ART 14. Aggravating circumstances. The following are aggravating circumstances:

1. That advantage be taken by the offender of his public position.

2. That the crime be committed in contempt or with insult to the public authorities.
3. That the act be committed with insult or in disregard of the respect due the offended party on account
of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not
given provocation.
4. That the act be committed with abuse of confidence or obvious ungratefulness.
5. That the crime be committed in the palace of the Chief Executive or in his presence, or where public
authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.
6. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such
circumstances may facilitate the commission of the offense.

Whenever more than three armed malefactors shall have acted together in the commission of an offense,
it shall be deemed to have been committed by a band.
7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or
other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons who insure or afford impunity.
9. That the accused is a recidivist. A recidivist is one who, at the time of his trial for one crime, shall have
been previously convicted by final judgment of another crime embraced in the same title of this Code.
10. That the offender has been previously punished by an offense to which the law attaches an equal or
greater penalty or for two or more crimes to which it attaches a lighter penalty.
11. That the crime be committed in consideration of a price, reward, or promise.
12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or
international damage thereto, derailment of a locomotive, or by the use of any other artifice involving
great waste and ruin.
13. That the act be committed with evidence premeditation.
14. That the craft, fraud or disguise be employed.
15. That advantage be taken of superior strength, or means be employed to weaken the defense.
16. That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes against the person, employing means;
methods, or forms in the execution thereof which tend directly and specially to insure its execution,
without risk to himself arising from the defense which the offended party might make.
17. That means be employed or circumstances brought about which add ignominy to the natural effects of
the act.
18. That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance of a
crime a wall, roof, floor, door, or window be broken.
20. That the crime be committed with the aid of persons under fifteen years of age or by means of motor
vehicles, motorized watercraft, airships, or other similar means.
21. That the wrong done in the commission of the crime be deliberately augmented by causing other
wrong not necessary for its commissions.

Chapter Five
ALTERNATIVE CIRCUMSTANCES
ART. 15. Their concept. Alternative circumstances are those . which 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. They are the relationship, intoxication and the degree of instruction and
education of the offender.
The alternative circumstance of relationship shall be taken into consideration when the offended party in
the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity
in the same degrees of the offender.
The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the
offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the
plan to commit said felony but when the intoxication is habitual or intentional, it shall be considered as an
aggravating circumstance

Title Two.
PERSONS CRIMINALLY LIABLE FOR FELONIES
ART. 16. Who are criminally liable. - The following are criminally liable for grave and less grave felonies:

1. Principals.
2. Accomplices.
3. Accessories.

The following are criminally liable for light felonies:

1. Principals
2. Accomplices.

ART. 17. Principals. - The following are considered principals:

1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by another act without which it would not have
been accomplished.

ART. 18. Accomplices. - Accomplices are those persons who, not being included in Article 17, cooperate in
the execution of theoffense by previous or simultaneous acts.
ART. 19. Accessories. - Accessories are those who, having knowledge of the commission of the crime, and
without having participated therein, either as principals or accomplices, take part subsequent to its
commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to
prevent its discovery.
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.
ART. 20. Accessories who are exempt from criminal liability. The penalties prescribed for accessories shall
not be imposed upon those who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with
the single exception of accessories falling within the provisions of paragraph of the next preceding article.
Chapter One
PENALTIES IN GENERAL
ART. 21. Penalties that may be imposed. - No felony shall be punishable by any penalty not prescribed by
law prior to its commission.
ART. 22. Retroactive effect of penal laws. - Penal Laws shall have a retroactive effect insofar as they favor
the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62
of this Code, although at the time of the publication of such laws a final sentence has been pronounced
and the convict is serving the same.
ART. 23. Effect of pardon by the offended party. - A pardon of the offended party does not extinguish
criminal action except as provided in Article 344 of this Code; but civil liability with regard to the interest of
the injured party is extinguished by his express waiver.
ART. 24. Measures of prevention or safety which are nor considered penalties. - The following shall not be
considered as penalties:
1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity
or imbecility, or illness requiring their confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes
specified therein.
3. Suspension from the employment of public office during the trial or in order to institute proceedings.
4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers,
superior officials may impose upon their subordinates.
5. Deprivation of rights and the reparations which the civil laws may establish in penal form.

Chapter Two
CLASSIFICATION OF PENALTIES
ART. 25. Penalties which may be imposed. - The penalties which may be imposed according to this Code,
and their different classes, are those included in the following:

Scale
Principal Penalties
Capital punishment:
Death.
Afflictive penalties:
Reclusion perpetua
Reclusion temporal
Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Prision
mayor

Correctional penalties:
Prision correccional
Arresto mayor
Suspension
Destierro

Light penalties:
Arresto menor
Public censure

Penalties common to the three preceding classes:

Fine, and Bond to keep the peace

ACCESSORY PENALTIES:
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be
voted for, the profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of
the offense,
Payment of costs.

ART. 26. Fine - When afflictive, correctional, or light penalty. - A fine, whether imposed as a single of as an
alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional
penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light penalty if it less than
200 pesos.

Chapter Three
DURATION AND EFFECTS OF PENALTIES
Section One. - Duration of Penalties
ART. 27. Reclusion perpetua. - Any person sentenced to any of the perpetual penalties shall be pardoned
after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other
serious cause shall be considered by the Chief Executive as unworthy of pardon.
Reclusion temporal. - The penalty of reclusion temporal shall be from twelve years and one day to twenty
years.
Prision mayor and temporary disqualification. - The duration of the penalties of prision mayor and
temporary disqualification shall be from six years and one day to twelve years, except when the penalty of
disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal
penalty. Prision correccional, suspension, and destierro. - The duration of the penalties of prision
correccional, suspension and destierro shall be from six months and one day to six years, except when
suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal
penalty.
Arresto mayor.- The duration of the penalty of arresto mayor shall be from one month and one day to six
months.
Arresto menor-. The duration of the penalty of arresto menor shall be from one day to thirty days.
Bond to keep the peace. - The bond to keep the peace shall be required to cover such period of time as the
court may determine.

ART. 28. Computation of penalties. - If the offender shall be in prison, the term of the duration of the
temporary penalties shall be computed from the day on which the judgment of conviction shall have
become final.
If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty
shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the
enforcement of the penalty. The duration of the other penalties shall be computed only from the day on
which the defendant commences to serve his sentence.

ART. 29. Period of preventive imprisonment deducted from term of imprisonment. -- Offenders or accused
who have undergone preventive imprisonment shall be credited in the service of their sentence consisting
of deprivation of liberty, with the full time during which they have undergone preventive imprisonment if
the detention prisoner agrees voluntarily in writing after being informed of the effects thereof and with the
assistance of counsel to abide by the same disciplinary rules imposed upon convicted prisoners, except in
the following cases:
1. When they are recidivists, or have been convicted previously twice or more of any crime; and
2. When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily.
If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted
prisoners, he shall do so in writing with the assistance of a counsel and shall be credited in the service of
his sentence with four-fifths of the time during which he has undergone preventive imprisonment.
Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty
(30) years.
Whenever an accused has undergone preventive imprisonment for a period equal to the possible
maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet
terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or
the proceeding on appeal, if the same is under review. Computation of preventive imprisonment for
purposes of immediate release under this paragraph shall be the actual period of detention with good
conduct time allowance: Provided, however, That if the accused is absent without justifiable cause at any
stage of the trial, the court may motu proprio order the rearrest of the accused: Provided, finally, That
recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded from the
coverage of this Act. In case the maximum penalty to which the accused may be sentenced is destierro, he
shall be released after thirty (30) days of preventive imprisonment. (As amended by R.A. No. 6127, and
further amended by E.O. No. 214, July 10, 1987, and further amended by R.A. No. 10592, approved May
29, 2013)
Section Two. - Effects of the penalties according to their respective nature
ART. 30. Effects of the penalties of perpetual or temporary absolute disqualification - The penalties of
perpetual or temporary absolute disqualification for public office shall produce the following effects:
1. The deprivation of the public offices and employments which the offender >may have held even if
conferred by popular election.
2. The deprivation of the right to vote in any election for any popular office or to be elected to such office.
3. The disqualification for the offices or public employments and for the exercise of any of the rights
mentioned. In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and
3 of this article shall last during the term of the sentence.
4. The loss of all rights to retirement pay or other pension for any office formerly held.
ART. 31. Effect of the penalties of perpetual or temporary special disqualification. - The penalties of
perpetual or temporal special disqualification for public office, profession or calling shall produce the
following effects:
1. The deprivation of the office, employment, profession or calling affected;
2. The disqualification for holding similar offices or employments either perpetually or during the term of
the sentence according to the extent of such disqualification.
ART. 33. Effects of the penalties of suspension from any public office, profession or calling, or the right of
suffrage. The suspension from public office, profession or calling, and the exercise of the right of suffrage
shall disqualify the offender from holding such office or exercising such profession or calling or right of
suffrage during the term of the sentence.
The person suspended from holding public office shall not hold another having similar functions during the
period of his suspension.
ART. 34. Civil interdiction. - Civil interdiction shall deprive the offender during the time of his sentence of
the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital
authority, of the right to manage his property and of the right to dispose of such property by any act or any
conveyance inter vivos.
ART. 35. Effects of bond to keep the peace. - It shall be the duty of any person sentenced to give bond to
keep the peace, to present two sufficient sureties who shall undertake that such person 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 in the judgment, or otherwise to deposit such amount in the office of the clerk of
the court to guarantee said undertaking.
The court shall determine, according to its discretion, the period of duration of the bond.
Should the person sentenced fail to give the bond as required he shall be detained for a period which shall
in no case exceed six months, is he shall have been prosecuted for a grave or less grave felony, and shall
not exceed thirty days, if for a light felony.

ART. 36. Pardon; its effect. -Apardon shall not work the restoration of the right to hold public office, or the
right of suffrage, unless ch rights be expressly restored by the terms of the pardon.
A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by
the sentence.

ART. 37. Cost; What are included. - Costs shall include fees and indemnities in the course of the judicial
proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in
force, or amounts not subject to schedule.
ART. 38. Pecuniary liabilities; Order of payment. - In case the property of the offender should not be
sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3.The fine 4.The cost of the proceedings

ART. 39. Subsidiary penalty. - If the convict has no property with which to meet the fine mentioned in
paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of
one day for each amount equivalent to the highest minimum wage rate prevailing in the Philippines at the
time of the rendition of judgment of conviction by the trial court, subject to the following rules:

1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under
confinement until his fine referred in the preceding paragraph is satisfied, but his subsidiary imprisonment
shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one
year, and no fraction or part of a day shall be counted against the prisoner.
2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six
months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed
fifteen days, if for a light felony.
3. When the principal penalty imposed is higher than prision correccional, no subsidiary imprisonment shall
be imposed upon the culprit.
4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such
penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall
continue to suffer the same deprivations as those of which the principal penalty consists.
5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall
not relieve him from the fine in case his financial circumstances should improve. (As amended by R.A. No.
5465, which lapsed into law on April 21, 1969; As amended by .R.A. 10159, approved April 10, 2012)

Section Three. - Penalties in which other accessory penalties are inherent

ART. 40. Death; Its accessory penalties. - The death penalty, when it is not executed by reason of
commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil
interdiction during thirty years following the date sentence, unless such accessory penalties have been
expressly remitted in the pardon.
ART. 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. The penalties of reclusion
perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period
of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall
suffer even though pardoned as to the principal penalty unless the same shall have been expressly
remitted in the pardon.
ART. 42. Prision mayor; Its accessory penalties. - The penalty of prision mayor, shall carry with it that of
temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage
which the offender shall suffer although pardoned as to the principal penalty, unless the same shall have
been expressly remitted in the pardon.
ART. 43. Prision correccional; Its accessory penalties. - The penalty of prision correccional shall carry with it
that of suspension from public office, from the right to follow a profession or calling, and that of perpetual
special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed
eighteen months. The offender shall suffer the disqualification provided in the article although pardoned as
to the principal penalty, unless the same shall have been expressly remitted the pardon.
ART. 44. Arresto; Its accessory penalties. - The penalty of arresto shall carry with it that of suspension of
the right too hold office and the right of suffrage during the term of the sentence.
ART. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. - Every penalty imposed
for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the
instruments or tools with which it was committed
Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government,
unless they be property of a third person not liable for the offense, but those articles which are not subject
of lawful commerce shall be destroyed.

Chapter Four
APPLICATION OF PENALTIES
Section One. - Rules for the application of penalties to the persons criminally liable and for the graduation
of the same.
ART. 46. Penalty to be imposed upon principals in general. - The penalty prescribed by law for the
commission of a felony shall be imposed upon the principals in the commission of such felony.
Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as applicable to
the consummated felony.
ART. 47. In what cases the death penalty shall not be imposed; Automatic Review of Death Penalty Cases. -
The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except
when the guilty person is below eighteen (18) years of age at the time of the commission of the crime or is
more than seventy years of age or when upon appeal or automatic review of the case by the supreme
court, the required majority vote is not obtained for the imposition of the death penalty, in which cases
the penalty shall be reclusion perpetua.
In all cases where the death penalty is imposed by the trial court, the records shall be forwarded to the
Supreme Court for automatic review and judgment by the court en banc, within (20) days but not earlier
than fifteen (15) days after promulgation of the judgment or notice of denial of any motion for new trial or
reconsideration. The transcript shall also be forwarded within ten (10) days after the filing thereof by the
stenographic reporter. (Amended by R.A. No. 9346.)

ART. 48. Penalty for complex crimes. - When a single act constitutes two or more grave or less grave
felonies, or when an offense is a necessary means for committing the other, the penalty for the most
serious crime shall be imposed, the same to be applied in its maximum period.
ART. 49. Penalty to be imposed upon the principals when the crime committed is different from that
intended. - In cases in which the felony committed is different from that which the offender intended to
commit, the following rules shall be observed:
1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense
which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its
maximum period.
2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which
the accused intended to commit, the penalty for the former shall be imposed in its maximum period.
3. The rule established by the next preceding paragraph shall not be applicable if the acts committed by
the guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a
higher penalty for either of the latter offenses, in which case the penalty provided for the attempted or the
frustrated crime shall be imposed in its maximum period.
ART. 50. Penalty to be imposed upon principals of a frustrated crime. - The penalty next lower in degree
than that prescribed by law for the consummated felony shall be imposed upon the principal in a
frustrated felony.
ART. 51. Penalty to be imposed upon principals of attempted crime. - A penalty lower by two degrees than
that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to
commit a felony.
crime. - The penalty next lower in degree than that prescribed by law for the consummated shall be
imposed upon the accomplices in the commission of a consummated felony.
ART. 53. Penalty to be imposed upon accessories to the commission of a consummated felony. - The
penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed
upon the accessories to the commission of a consummated felony.
ART. 54. Penalty to imposed upon accomplices in a frustrated crime. - The penalty next lower in degree
than prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission
of a frustrated felony.
ART. 55. Penalty to be imposed upon accessories of a frustrated crime. - The penalty lower by two degrees
than that prescribed by law for the frustrated felony shall be imposed upon the accessories to the
commission of a frustrated felony.
ART. 56. Penalty to be imposed upon accomplices in an attempted crime. - The penalty next lower in
degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the
accomplices in an attempt to commit the felony.
ART. 57. Penalty to be imposed upon accessories of an attempted crime. - The penalty lower by two
degrees than that prescribed by law for the attempted felony shall be imposed upon the accessories to the
attempt to commit a felony.
ART. 58. Additional penalty to be imposed upon certain accessories. Those accessories falling within the
terms of paragraphs 3 of Article 19 of this Code who should act with abuse of their public functions, shall
suffer the additional penalty of absolute perpetual disqualification if the principal offender shall be guilty of
a grave felony, and that of absolute temporary disqualification if he shall be guilty of a less grave felony.
ART. 59. Penalty to be imposed in case of failure to commit the crime because the means employed or the
aims sought are impossible. When the person intending to commit an offense has already performed the
acts for the execution of the same but nevertheless the crime was not produced by reason of the fact that
the act intended was by its nature one of impossible accomplishment or because the means employed by
such person are essentially inadequate to produce the result desired by him, the court, having in mind the
social danger and the degree of criminality shown by the offender, shall impose upon him the penalty of
arresto mayor or a fine from 200 to 500 pesos.
ART. 60. Exception to the rules established in Articles 50 to 57. - The provisions contained in Articles 50 to
57, inclusive, of this Code shall not be applicable to cases in which the law expressly prescribes the penalty
provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories.
ART. 61. Rules for graduating penalties. - For the purpose of graduating the penalties which, according to
the provisions of Articles 50 to 57, inclusive, of this Code, are to be imposed upon persons guilty as
principals of any frustrated or attempted felony, or as accomplices or accessories, the following rules shall
be observed:
1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degrees
shall be that immediately following that indivisible penalty in the respective graduated scale prescribed in
Article 71 of this Code. 2. When the penalty prescribed for the crime is composed of two indivisible
penalties, or of one or more divisible penalties to be impose to their full extent, the penalty next lower in
degree shall be that immediately following the lesser of the penalties prescribed in the respective
graduated scale.
3. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the
maximum period of another divisible penalty, the penalty next lower in degree shall be composed of the
medium and minimum periods of the proper divisible penalty and the maximum periods of the proper
divisible penalty and the
maximum period of that immediately following in said respective graduated scale.
4. When the penalty prescribed for the crime is composed of several periods, corresponding to different
divisible penalties, the penalty next lower in degree shall be composed of the period immediately following
the minimum prescribed and of the two next following, which shall be taken from the penalty prescribed, if
possible; otherwise from the penalty immediately following in the above mentioned respective graduated
scale.
5. When the law prescribes a penalty for a crime in some manner not especially provided for in the four
preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon those guilty
as principals of the frustrated felony, or of attempt to commit the same, and upon accomplices and
accessories.
ART. 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency -
Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the
purpose of diminishing or increasing the penalty in conformity with the following rules:
1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which
are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into
account for the purpose of increasing the penalty.
1(a). When in the commission of the crime, advantage was taken by the offender of his public position,
the penalty to be imposed shall be in its maximum regardless of mitigating circumstances.
The maximum penalty shall be imposed if the offense was committed by any person who
belongs to an organized/syndicated crime group.
An organized/syndicated crime group means a group of two or more persons collaborating,
confederating or mutually helping one another for purposes of gain in the commission of any crime.
(As amended by R.A. No. 7659.)
2. The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a
degree that it must of necessity accompany the commission thereof.
3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from
his private relations with the offended party, or from any other personal cause, shall only serve to
aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such
circumstances are attendant.
4. The circumstances which consist in the material execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had knowledge of
them at the time of the execution of the act or their cooperation therein.
5. Habitual delinquency shall have the following effects: (a) Upon a third conviction the culprit shall be
sentenced to the penalty provided by law for the last crime of which he be found guilty and to the
additional penalty of prision correccional in its medium and maximum periods; (b) Upon a fourth
conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found
guilty and to the additional penalty of prision mayor in its minimum and medium periods; and (c) Upon a
fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of
which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion
temporal in its minimum period. Notwithstanding the provisions of this article, the total of the two
penalties to be imposed upon the offender, in conformity herewith, shall in no case exceed 30 years.
For the purpose of this article, a person shall be deemed to be habitual delinquent, is within a period of ten
years from the date of his release or last conviction of the crimes of serious or less serious physical injuries,
robo, hurto, estafa or falsification, he is found guilty of any of said crimes a third time or oftener. (As
amended by R.A. No. 7659)
ART. 63. Rules for the application of indivisible penalties. - In all cases in which the law prescribes a single
indivisible penalty, it shall be applied by the courts regardless of any mitigating or aggravating
circumstances that may have attended the commission of the deed. In all cases in which the law prescribes
a penalty composed of two indivisible penalties, the following rules shall be observed in the application
thereof:

1. When in the commission of the deed there is present only one aggravating circumstance, the greater
penalty shall be applied.
2. When there are neither mitigating nor aggravating circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied.
3. When the commission of the act is attended by some mitigating circumstances and there is no
aggravating circumstance, the lesser penalty shall be applied.
4. When both mitigating and aggravating circumstances attended the commission of the act, the court
shall reasonably allow them to offset one another in consideration of their number and importance, for the
purpose of applying the penalty in accordance with the preceding rules, according to the result of such
compensation.

ART. 64. Rules for the application of penalties which contain three periods. - In cases in which the penalties
prescribed by law contain, three periods, whether it be a single divisible penalty or composed of three
different penalties, each one of which forms a period in accordance with the provisions of Articles 76 and
77, the court shall observe for the application of the penalty the following rules, according to whether
there are or are not mitigating or aggravating circumstances:
1. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty
prescribed by law in its medium period.
2. When only a mitigating circumstances is present in the commission of the act, they shall impose the
penalty in its minimum period.
3. When an aggravating circumstance is present in the commission of the act, they shall impose the
penalty in its maximum period.
4. When both mitigating and aggravating circumstances are present, the court shall reasonably offset
those of one class against the other according to their relative weight.
5. When there are two or more mitigating circumstances and no aggravating circumstances are present,
the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem
applicable, according to the number and nature of such circumstances.
6. Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose
a greater penalty than that prescribed by law, in its maximum period.
7. Within the limits of each period, the court shall determine the extent of the penalty according to the
number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of
the evil produced by the crime.
ART. 65. Rule in cases in which the penalty is not composed of three periods. - In cases in which the
penalty prescribed by law is not composed of three periods, the courts shall apply the rules contained in
the foregoing articles, dividing into three equal portions of time included in the penalty prescribed, and
forming one period of each of the three portions.
ART. 66. Imposition of fines. - In imposing fines the courts may fix any amount within the limits established
by law, in fixing the amount in each case attention shall be given, not only to the mitigating and
aggravating circumstances, but more particularly to the wealth or means of the culprit.
ART. 67. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of
Article 12 are present. -When all the conditions required in circumstances Number 4 of Article 12 of this
Code to exempt from criminal liability are not present, the penalty of arresto mayor in its maximum period
to prision correccional in its minimum period shall be imposed upon the culprit if he shall have been guilty
of a grave felony, and arresto mayor in its minimum and medium periods, if of a less grave felony.
ART. 68. Penalty to be imposed upon a person under eighteen years of age. When the offender is a minor
under eighteen years and his case is one coming under the provisions of the paragraphs next to the last of
Article 80 of this Code, the following rules shall be observed.
1. Upon a person under fifteen but over nine years of age, who is not exempted from liability by reason of
the court having declared that he acted with discernment, a discretionary penalty shall be imposed, but
always lower by two degrees at least than that prescribed by law for the crime which he committed.
2. Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed
by law shall be imposed, but always in the proper period.
ART. 69. Penalty to be imposed when the crime committed is not wholly excusable. - A penalty lower by
one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by
reason of the lack of some of the conditions required to justify the same or to exempt from criminal
liability in the several cases mentioned in Article 11 and 12, provided that the majority of such conditions
be present. The courts shall impose the penalty in the period which may be deemed proper, in view of the
number and nature of the conditions of exemption present or lacking.
ART. 70. Successive service of sentence. - When the culprit has to serve two or more penalties, he shall
serve them simultaneously if the nature of the penalties will so permit otherwise, the following rules shall
be observed:
In the imposition of the penalties, the order of their respective severity shall be followed so that they may
be executed successively or as nearly as may be possible, should a pardon have been granted as to the
penalty or penalties first imposed, or should they have been served out.
For the purpose of applying the provisions of the next preceding paragraph the respective severity of the
penalties shall be determined in accordance with the following scale:
1. Death
2. Reclusion perpetua
3. Reclusion temporal
4. Prision mayor
5. Prision correccional
6. Arresto mayor
7. Arresto menor
8. Destierro
9. Perpetual absolute disqualification
10. Temporal absolute disqualification
 11. Suspension from public office, the right to vote and be voted for, the right to follow a profession or
calling,and 12.Public censure

Not with standing the provisions of the rule next preceding, the maximum duration of the convict's
sentence shall not be more than three-fold the length of time corresponding to the most severe of the
penalties imposed upon him. No other penalty to which he may be liable shall be inflicted after the sum
total of those imposed equals the same maximum period.
Such maximum period shall in no case exceed forty years.
In applying the provisions of this rule the duration of perpetual penalties (pena perpetua) shall be
computed at thirty years. (As amended by Com. Act No. 217).
ART. 71. Graduated scales. In the case in which the law prescribed a penalty lower or higher by one or
more degrees than another given penalty, the rules prescribed in Article 61 shall be observed in graduating
such penalty.
The lower or higher penalty shall be taken from the graduated scale in which is comprised the given
penalty.
The courts, in applying such lower or higher penalty, shall observe the following graduated scales:
SCALE NO. 1
1. Death
2. Reclusion perpetua
3. Reclusion temporal
4. Prision mayor
5. Prision correccional
6. Arresto mayor
7. Destierro
8. Arresto menor
9. Public censure
10. Fine

SCALE NO.2
1. Perpetual absolute disqualification,
2. Temporal absolute disqualification
3. Suspension from public office, the right to vote and be voted for, the right to follow a profession or
calling
4. Public censure 5. Fine.

ART. 72 Preference in the payment of the civil liabilities. - The civil liabilities of a person found guilty of two
or more offenses shall be satisfied by following the chronological order of the dates of the judgments
rendered against him, beginning with the first in order of time. Section Three. - Provisions common in the
last two preceding sections
ART. 73. Presumption in regard to the imposition of accessory penalties. - Whenever the courts shall
impose a penalty which, by provision of law, carries with it other penalties, according to the provisions of
Articles 40, 41, 42, 43 and 44 of this Code, it must be understood that the accessory penalties are also
imposed upon the convict.
ART. 74. Penalty higher than reclusion perpetua in certain cases. - In cases in which the law prescribes a
penalty higher than another given penalty, without specially designating the name of the former, if such
higher penalty should be that of death, the same penalty and the accessory penalties of Article 40, shall be
considered as the next higher penalty.
ART. 75. Increasing or reducing the penalty of fine by one or more degrees. Whenever it may be necessary
to increase or reduce the penalty of fine by one or more degrees, it shall be increased or reduced,
respectively, for each degree, by one-fourth of the maximum amount prescribed by law, without however,
changing the minimum.
The same rules shall be observed with regard of fines that do not consist of a fixed amount, but are made
proportional.
ART. 76. Legal period of duration of divisible penalties. - The legal period of duration of divisible penalties
shall be considered as divided into three parts, forming three periods, the minimum, the medium, and the
maximum in the manner.
ART. 77. When the penalty is a complex one composed of three distinct penalties. - In cases in which the
law prescribes a penalty composed of three distinct penalties, each one shall form a period; the lightest of
them shall be the minimum the next the medium, and the most severe the maximum period.
Whenever the penalty prescribed does not have one of the forms specially provided for in this Code, the
periods shall be distributed, applying by analogy the prescribed rules.

Chapter Five
EXECUTION AND SERVICE OF PENALTIES
Section One. - General Provisions
ART. 78. When and how a penalty is to be executed. - No penalty shall be executed except by virtue of a
final judgment.
A penalty shall not be executed in any other form than that prescribed by law, nor with any other
circumstances or incidents than those expressly authorized thereby. In addition to the provisions of the
law, the special regulations prescribed for the government of the institutions in which the penalties are to
be suffered shall be observed with regard to the character of the work to be performed, the time of its
performance, and other incidents connected therewith, the relations of the convicts among themselves
and other persons, the relief which they may receive, and their diet.
The regulations shall make provision for the separation of the sexes in different institutions, or at least into
different departments and also for the correction and reform of the convicts.
ART. 79. Suspension of the execution and service of the penalties in case of insanity. - When a convict shall
become insane or an imbecile after final sentence has been pronounced, the execution of said sentence
shall be suspended only with regard to the personal penalty, the provisions of the second paragraph of
circumstance number 1 of Article 12 being observed in the corresponding cases.
If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty shall
have prescribed in accordance with the provisions of this Code.
The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the
convict is serving his sentence,
ART. 80. Suspension of sentence of minor delinquents. - Whenever a minor of either sex, under sixteen
years of age at the date of the commission of a grave or less grave felony, is accused thereof, the court,
after hearing the evidence in the proper proceedings, instead of pronouncing judgment of conviction, shall
suspend all further proceedings and shall commit such minor to the custody or care of a public or private,
benevolent or charitable institution, established under the law of the care, correction or education of
orphaned, homeless, defective, and delinquent children, or to the custody or care of any other responsible
person in any other place subject to visitation and supervision by the Director of Public Welfare or any of
his agents or representatives, if there be any, or otherwise by the superintendent of public schools or his
representatives, subject to such conditions as are prescribed hereinbelow until such minor shall have
reached his majority age or for such less period as the court may deem proper. (As amended by (R.A. No.
47.)
The court, in committing said minor as provided above, shall take into consideration the religion of such
minor, his parents or next of kin, in order to avoid his commitment to any private institution not under the
control and supervision of the religious sect or denomination to which they belong.
The Director of Public Welfare or his duly authorized representatives or agents, the superintendent of
public schools or his representatives, or the person to whose custody or care the minor has been
committed, shall submit to the court every four months and as often as required in special cases, a written
report on the good or bad conduct of said minor and the moral and intellectual progress made by him.
The suspension of the proceedings against a minor may be extended or shortened by the court on the
recommendation of the Director of Public Welfare or his authorized representative or agents, or the
superintendent public schools or his representatives, according as to whether the conduct of such minor
has been good or not and whether he has complied with the conditions imposed upon him, or not. The
provisions of the first paragraph of this article shall not, however, be affected by those contained herein.
If the minor has been committed to the custody or care of any of the institutions mentioned in the first
paragraph of this article, with the approval of the Director of Public Welfare and subject to such conditions
as this official in accordance with law may deem proper to impose, such minor may be allowed to stay
elsewhere under the care of a responsible person.

If the minor has behaved properly and has complied with the conditions imposed upon him during his
confinement, in accordance with the provisions of this article, he shall be returned to the court in order
that the same may order his final release.

In case the minor fails to behave properly or to comply with the regulations of the institution to which he
has been committed or with the conditions imposed upon him when he was committed to the care of a
responsible person, or in case he should be found incorrigible or his continued stay in such institution
should be inadvisable, he shall be returned to the court in order that the same may render the judgment
corresponding to the crime committed by him.
The expenses for the maintenance of a minor delinquent confined in the institution to which he has been
committed, shall be borne totally or partially by his parents or relatives or those persons liable to support
him, if they are able to do so, in the discretion of the court; Provided, That in case his parents or relatives
or those persons liable to support him have not been ordered to pay said expenses or are found indigent
and cannot pay said expenses, the municipality in which the offense was committed shall pay one-third of
said expenses; the province to which the municipality belongs shall pay one-third; and the remaining one-
third shall be borne by the National Government: Provided, however, That whenever the Secretary of
Finance certifies that a municipality is not able to pay its share in the expenses above mentioned, such
share which is not paid by said municipality shall be borne by the National Government. Chartered cities
shall pay two-thirds of said expenses; and in case a chartered city cannot pay said expenses, the internal
revenue allotments which may be due to said city shall be withheld and applied in settlement of said
indebtedness in accordance with section five hundred and eighty-eight of the Administrative Code.
Section Two. - Execution of principal penalties.
ART. 81. When and how the death penalty is to be executed. -- The death sentence shall be executed with
preference to any other penalty and shall consist in putting the person under the sentence to death by
lethal injection. The death sentence shall be executed under the authority of the Director of the Bureau of
Corrections, endeavoring so far as possible to mitigate the sufferings of the person under the sentence
during the lethal injection as well as during the proceedings prior to the execution.
The Director of the Bureau of Corrections shall take steps to ensure that the lethal injection to be
administered is sufficient to cause the instantaneous death of the convict.
Pursuant to this, all personnel involved in the administration of lethal injection shall be trained prior to the
performance of such task.
The authorized physician of the Bureau of Corrections, after thorough examination, shall officially make a
pronouncement of the convict's death and shall certify thereto in the records of the Bureau of corrections
The death sentence shall be carried out not earlier than one (1) year nor later than eighteen (18) months
after the judgment has become final and executory without prejudice to the exercise by the President of
his executive clemency powers at all times.
ART. 82. Notification and execution of the sentence and assistance to the culprit. The court shall designate
a working day for the execution but not the hour thereof; and such designation shall not be communicated
to the offender before sunrise of said day, and the execution shall not take place until after the expiration
of at least eight hours following the notification, but before sunset.During the interval between the
notification and the execution, the culprit shall, in so far as possible, be furnished such assistance as he
may request in order to be attended in his last moments by priests or ministers of the religion he professes
and to consult lawyers, as well as in order to make a will and confer with members of his family or persons
in charge of the management of his business, of the administration of his property, or of the care of his
descendants.
ART. 83. Suspension of the execution of the death sentence. - The death sentence shall not be inflicted
upon a woman within the three years next following the date of the sentence or while she is pregnant, nor
upon any person over seventy years of age. In this last case, the death sentence shall be commuted to the
penalty of reclusion perpetua with the accessory penalties provided in Article 40.
In all cases where the death sentence has become final, the records of the case shall be forwarded
immediately by the Supreme Court to the Office of the President for possible exercise of the pardoning
power

ART. 84. Place of execution and persons who may witness the same. - The execution shall take place in the
penitentiary of Bilibid in a space closed to the public view and shall be witnessed only by the priests
assisting the offender and by his lawyers, and by his relatives, not exceeding six, if he so request, by the
physician and the necessary personnel of the penal establishment, and by such persons as the Director of
Prisons may authorize.

ART. 85. Provisions relative to the corpse of the person executed and its burial. - Unless claimed by his
family, the corpse of the culprit shall, upon the completion of the legal proceedings subsequent to the
execution, be turned over to the institute of learning or scientific research first applying for it, for the
purpose of study and investigation, provided that such institute shall take charge of the decent burial of
the remains. Otherwise, the Director of Prisons shall order the burial of the body of the culprit at
government expense, granting permission to be present thereat to the members of the family of the
culprit and the friends of the latter. In no case shall the burial of the body of a person sentenced to death
be held with pomp.

ART. 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor -
The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto
mayor, shall be executed and served in the places and penal establishments provided by the
Administrative Code in force or which may be provided by law in the future. ART. 87. Destierro. - Any
person sentenced to destierro shall not be permitted to enter the place or places designated in the
sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25
kilometers from the place designated. ART. 88. Arresto menor. - The penalty of arresto menor shall be
served in the municipal jail, or in the house of the defendant himself under the surveillance of an officer of
the law, when the court so provides in its decision, taking into consideration the health of the offender and
other reasons which may seem satisfactory to it.

ART. 87. Destierro. - Any person sentenced to destierro shall not be permitted to enter the place or places
designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and
not less than 25 kilometers from the place designated.
ART. 88. Arresto menor. - The penalty of arresto menor shall be served in the municipal jail, or in the
house of the defendant himself under the surveillance of an officer of the law, when the court so provides
in its decision, taking into consideration the health of the offender and other reasons which may seem
satisfactory to it.
Title Four
EXTINCTION OF CRIMINAL LIABILITY
Chapter Ones
TOTAL EXTINCTION OF CRIMINAL LIABILITY
ART. 89. How criminal liability is totally extinguished. - Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor
is extinguished only when the death of the offender occurs before final judgment.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects
; 4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article 344 of this Code.

ART. 90. Prescription of crime. - Crimes punishable by death, reclusion perpetua or reclusion temporal
shall prescribe in twenty years.
Crimes punishable by other afflictive penalties shall prescribe in fifteen years.
Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those
punishable by arresto mayor, which shall prescribe in five years.
The crime of libel or other similar offenses shall prescribe in one year. The crime of oral defamation and
slander by deed shall prescribe in six months.
Light offenses prescribe in two months.
When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the
application of the rules contained in the first, second and third paragraphs of this article. (As amended by
RA 4661)
ART. 91. Computation of prescription of offenses. - The period of prescription shall commence to run from
the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall
be interrupted by the filing of the complaint or information, and shall commence to run again when such
proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for
any reason not imputable to him.
ART. 92. When and how penalties prescribe. The penalties - imposed by final sentence prescribe as follows:
1. Death and reclusion perpetua, in twenty years; 2. Other afflictive penalties, in fifteen years; 3.
Correctional penalties, in ten years; with the exception of the penalty of arresto mayor, which prescribes in
five years; 4. Light penalties, in one year.
ART. 93. Computation of the prescription of penalties. - The period of prescription of penalties shall
commence to run from the date when the culprit should evade the service of his sentence, and it shall be
interrupted if the defendant should give himself up, be captured, should go to some foreign country with
which this Government has no extradition treaty, or should commit another crime before the expiration of
the period of prescription.
CHAPTER TWO
PARTIAL EXTINCTION OF CRIMINAL LIABILITY
ART. 94. Partial Extinction of criminal liability. - Criminal liability is extinguished partially: 1. By conditional
pardon; 2. By commutation of the sentence; and 3. For good conduct allowances which the culprit may
earn while he is undergoing preventive imprisonment or serving his sentence. (As amended by R.A. No.
10592)
ART. 95. Obligation incurred by person granted conditional pardon. - Any person who has been granted
conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein
otherwise, his non-compliance with any of the conditions specified shall result in the revocation of the
pardon and the provisions of Article 159 shall be applied to him.
ART. 96. Effect of commutation of sentence. - The commutation of the original sentence for another of a
different length and nature shall have the legal effect of substituting the latter in the place of the former.
ART. 97. Allowance for good conduct. -- The good conduct of any offender qualified for credit for
preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal
institution, rehabilitation or detention center or any other local jail shall entitle him to the following
deductions from the period of his sentence:
1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each
month of good behavior during detention;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of
twenty- three days for each month of good behavior during detention;
3. During the following years until tenth year, inclusive, of his imprisonment, he shall be allowed a
deduction of twenty-five days for each month of good behavior during detention;
4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty
days for each month of good behavior during detention; and
5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in
addition to numbers one to four hereof, for each month of study, teaching or mentoring service time
rendered..

An appeal of the accused shall not deprive him of entitlement to the above allowances for good conduct.
(As amended by R.A. No. 10592, approved May 29, 2013)
ART. 98. Special time allowance for loyalty. A deduction of one fifth of the period of his sentence shall be
granted to any prisoner who, having evaded his preventive imprisonment or the service of his sentence
under the circumstances mentioned in Article 158 of this Code, gives himself up to the authorities within
48 hours following the issuance of a proclamation announcing the passing away of the calamity or
catastrophe referred to in said article. A deduction of two-fifths of the period of his sentence shall be
granted in case said prisoner chose to stay in the place of his confinement notwithstanding the existence of
a calamity or catastrophe enumerated in Article 158 of this Code.
This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence.
(As amended by R.A. 10592, approved May 29, 2013)
ART. 99. Who grants time allowances. Whenever lawfully justified, the Director of the Bureau of
Corrections, the Chief of the Bureau of Jail Management and Penology and/or the Warden of a provincial,
district, municipal or city jail shall grant allowances for good conduct. Such allowances once granted shall
not be revoked. (As amended by R.A. No. 10592, approved May 29, 2013).
Title Five
CIVIL LIABILITY

Chapter One
Chapter One PERSON CIVILLY LIABLE FOR FELONIES
ART. 100. Civil liability of a person guilty of felony. - Every person criminally liable for a felony is also civilly
liable.
ART. 101. Rules regarding civil liability in certain cases. - The exemption from criminal liability established
in subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this Code does not include
exemption from civil liability, which shall be enforced subject to the following rules:
First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts committed by an imbecile or
insane person, and by a person under nine years of age, or by one over nine but under fifteen years of age,
who has acted without discernment, shall devolve upon those having such person under their legal
authority or control, unless it appears that there was no fault or negligence on their part.
Should there be no personShould there be no person having such insane, imbecile or minor under his
authority, legal guardianship or control, or if such person be insolvent, said insane, imbecile, or minor shall
respond with their own property, excepting property exempt from execution, in accordance with the civil
law.
Second. In cases falling within subdivision 4 of Article 11, the persons for whose benefit the harm has been
prevented shall be civilly liable in proportion to the benefit which they may have received. having such
insane, imbecile or minor under his authority, legal guardianship or control, or if such person be insolvent,
said insane, imbecile, or minor shall respond with their own property, excepting property exempt from
execution, in accordance with the civil law. Second. In cases falling within subdivision 4 of Article 11, the
persons for whose benefit the harm has been prevented shall be civilly liable in proportion to the benefit
which they may have received.
The courts shall determine, in sound discretion, the proportionate amount for which each one shall be
liable.
When the respective shares cannot be equitably determined, even approximately, or when the liability also
attaches to the Government, or to the majority of the inhabitants of the town, and, in all events, whenever
the damages have been caused with the consent of the authorities or their agents, indemnification shall be
made in the manner prescribed by special laws or regulations.
Third. In cases falling within subdivisions 5 and 6 of Article 12, the persons using violence or causing the
fears shall be primarily liable and secondarily, or, if there be no such persons, those doing the act shall be
liable, saving always to the latter that part of their property exempt from execution.
ART. 102. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of establishments. - In
default of the persons criminally liable, innkeepers, tavernkeepers, and any other persons. or corporations
shall be civilly liable for crimes committed in their establishments, in all cases where a violation of
municipal ordinances or some general or special police regulation shall have been committed by them or
their employees.

Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft within their
houses from guests lodging therein, or for the payment of the value thereof, provided that such guests
shall have notified in advance the innkeeper himself, or the person representing him, of the deposit of such
goods within the inn; and shall furthermore have followed the directions which such innkeeper or his
representative may have given them with respect to the care and vigilance over such goods. No liability
shall attach in case of robbery with violence against or intimidation of persons unless committed by the
innkeeper's employees.
ART. 103. Subsidiary civil liability of other persons. - The subsidiary liability established in the next
preceding article shall also apply to employers, teachers, persons, and corporations engaged in any kind of
industry for felonies committed by their servants, pupils, workmen, apprentices, or employees in the
discharge of their duties.
Chapter Two
WHAT CIVIL LIABILITY INCLUDES
ART. 104. What is included in civil liability. - The civil liability established in Articles 100, 101, 102, and 103
of this Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.

ART. 105. Restitution; How made. - The restitution of the thing itself must be made whenever possible,
with allowance for any deterioration, or diminution of value as determined by the court.
The thing itself shall be restored, even though it be found in the possession of a third person who has
acquired it by lawful means, saving to the latter his action against the proper person, who may be liable to
him.
This provision is not applicable in cases in which the thing has been acquired by the third person in the
manner and under the requirements which, by law, bar an action for its recovery.
ART. 106. Reparation; How made. The court shall determine the amount of damage, taking into
consideration the price of the thing, whenever possible, and its special sentimental value to the injured
party, and reparation shall be made accordingly.
ART. 107. Indemnification; What is included. - Indemnification for consequential damages shall include not
only those caused the injured party, but also those suffered by his family or by a third person by reason of
the crime.
ART. 108. Obligation to make restoration, reparation for damages, or indemnification for consequential
damages and actions to demand the same; Upon whom it devolves. The obligation to - make restoration or
reparation for damages and indemnification for consequential damages devolves upon the heirs of the
person liable.
The subsidiary liability shall be enforced, first against the property of the principals; next, against that of
the accomplices, and, lastly, against that of the accessories.
Whenever the liability in solidum or the subsidiary liability has been enforced, the person by whom
payment has been made shall have a right of action against the others for the amount of their respective
shares..
ART. 111. Obligation to make restitution in certain cases. - Any person who has participated gratuitously in
the proceeds of a felony shall be bound to make restitution in an amount equivalent to the extent of such
participation.
Chapter Three
EXTINCTION AND SURVIVAL OF CIVIL LIABILITY
ART. 112. Extinction of civil liability. - Civil liability established in Articles 100, 101, 102, and 103 of this
Code shall be extinguished in the same manner as obligations, in accordance with the provisions of the Civil
Law.
ART. 113. Obligation to satisfy civil liability. - Except in case of extinction of his civil liability as provided in
the next preceding article the offender shall continue to be obliged to satisfy the civil liability resulting from
the crime committed by him, notwithstanding the fact that he has served his sentence consisting of
deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty,
pardon, commutation of sentence or any other reason.