MODIFYING CIRCUMSTANCES

Article 11 Article 12 Article 13 14 15

(Justifying; 6) (Exempting; 7) (Mitigating; 10)

Concept

Complete absence of: Do not free the

- Intelligence accused from liability;
- Freedom of merely reduces
action
- Intent Diminution of:
- Freedom of
Makes the act action
involuntary. - Intelligence
- Lesser
perversity

Effects in General

No crime There is a crime There is a crime

- Act is justified - Act not justified
- No criminal - No criminal
liability liability
- No civil; xpn - There is civil;
par 4. xpn par 4 and
7

Requisites/Principles

P1. Self Defense P1. Pars 1-10: ordinary

Imbecility/Insanity Art 68 - privileged
1. Unlawful
 aggression (Basis) Intelligence PV applicable only
(sine qua non) to:
2. Physical Insanity
assault or - Total 1. Voluntary
threat to inflict deprivation of release of the
injury intelligence person illegally
3. Threat - must - Acts without detained within
be so positively least 3 days w/o the
strong as to discernment or offender
show the total attaining his
intention to deprivation of purpose before
cause injury freedom of the the institution
(mere oral will of criminal
threats not action (penalty;
sufficient) *mere abnormalities 1 deg lower)
● T and crazy personality 2. Abandonment
h is not sufficient without
e justification of
r Presumption in the spouse
e Favor of Sanity who committed
s - Clear and adultery (p; 1
h convincing degree lower)
o circumstantial
ul evidence P1. Incomplete
d (based on Justifying/Exemptin
b outward acts g
e because mind,
a being a mental
n state, can only
a be ascertained
c through
t outward acts)
s - Direct
 h testimony not
o required
w
in Evidence
g - Must refer to
a the time
n preceding the
i act/to the very
n moment of
t execution
e
n If evidence of insanity
t is subsequent, he is
to deemed sane.
c
a P2. Minority; Under
u 9 years of age (15**)
s
e (Basis) Intelligence
in
ju - Refer to
ry RA9344
- Basis of
2nd req P3. Minority; Over 9
Rules: under 15

Peril to one’s life GR: Minor who is

(deadly weapon + over 9 but under 15 is
resulting death + exempt.
vital parts)
- Actual XPN: Acted with
- Imminent discernment
“ Limb (less deadly Periods of Criminal
weapon + minor PI) Responsibility
- Actual
- Imminent 1. Absolute
Irresponsibilit
“ Right y - 15 years
- Home and below
- Chasitity (exempt)
- Property (In 2. Conditional -
this par, there 15 years and 1
must also be day to 18 years
an attack upon 3. Full - 18 above
the person to 70 yrs exact
entrusted w/ 4. Mitigated - 70
the property) above (senility)
- Honor
How Discernment is
Mode of Attack Shown
- Unexpected 1. Manner
● May be 2. Behavior/cond
expecte uct before,
d during and
provided after
it is commission
imminen
t P4. Accident
Sudden Without
● W/o Fault/Intention
Interval
or the Requisites:
act 1. Lawful act
succeed 2. Due care
ed each 3. Injury by mere
 other accident
without 4. W/o fault or
apprecia intention of
ble causing it
interval
of time P5. Acting Under
● Must Compulsion of an
have no Irresistible Force
time for
deliberat (Basis) Freedom
ion/cool
thinking 1. Physical force
2. PF irresistible
Aggressor flees, no 3. PF come from
UA. a third person
- XPN: for
advantageous Passion and
position Obfuscation cannot
be irresistible force:
Basis in note 3rd req
Determining the UA.
- One who have Nature of Force
been offended Reduce the actor into
and demanded a mere instrument as
an explanation to induce a well
- Circumstances grounded
which the apprehension of
accused death or bodily injury
perceived them
to be at the P6. Acting Under
time he acted Impulse of an
Uncontrollable Fear
4. Reasonable
 necessity of (Basis) Freedom
the means
employed to 1. Threat is of an
prevent or evil greater
repel it. than or at least
equal to than
- Presupposes that which is
the presence required to
of 1st req. commit
Otherwise, no 2. Threat
basis for the promises an
latter. evil of such
gravity and
Rules: imminence that
an ordinary
Reasonableness is man would
determined by the ff: have
1. Necessity of succumbed to
course of it
action
Must be real and
- Doctrine of imminent
Rational Should not be
Equivalence: speculative
Law does not
require Accused must not
material have opportunity to
commensurab escape
ility between Either because he is
the means of also armed
attack and the
defense, but P7. Insuperable or
that Lawful Causes
 proportionate
ness does not (Basis) Intent
depend upon 1. Act required to
the harm be done by law
done but 2. Fails to
rests upon perform
the imminent 3. By reason of
danger of the insuperable/oth
injury. er lawful
causes
- Depends upon
existence of Absolutory causes
unlawful Crime is committed
aggression but for reasons of
public policy, no
- In determining penalty.
UA the ff
should be
considered:

a. Place and
occasion of
assault
b. Other
circumstances

2. Necessity of
the means
used
- Must be
necessary to
prevent or
repel an attack
Test of
Reasonableness
Depends upon the ff:

a. Nature and
quality of the
weapon
b. Physical
condition
c. Character
d. Size
e. Other
circumstances
f. Place and
occasion

- Perfect
equality
between
weapon used
not necessary.

*Reasonableness of
both depends upon
the existence of
unlawful aggression
and nature and extent
of aggression.

5. Lack of
sufficient
provocation
 on the part of
the person
defending
himself

Present if the ff
concur:
1. No provocation
at all
2. Provocation
was given but
not sufficient
3. Provocation
was sufficient,
but not given
by the person
defending
himself
4. Provocation
was sufficient,
given by the
person
defending
himself but
was not the
proximate act
of the
aggression

P2. Defense of
Relatives

S-A-D-Le-RC
1. Spouse
2. Ascendant
3. Descendant
4. Legitimate/natu
ral/adopted
brothers and
sisters or
relatives by
affinity in the
same degrees
5. Relatives by
consanguinity
within 4th civil
degree

1. Unlawful
aggression
2. Reasonable
necessity of
the means
employed to
prevent/repel it
3. In case the
provocation
was given by
the person
attacked, the
one making a
defense had
no part
therein.
P3. Defense of
Strangers

1. Unlawful
aggression
2. Reasonable
necessity of
the means
employed to
prevent/repel it
3. Person
defending be
not induced
by revenge,
resentment or
other evil
motive

- Must be
actuated with
generous
motive

Strangers
- Anyone not
enumerated in
par 2

P4. Avoidance of -
Greater Evil or
Injury

1. Evil sought to
 be avoided
actually exists
2. Injury feared
be greater than
that done to
avoid it
3. No other
practical and
less harmful
means of
preventing it

Evil must exist

- Otherwise NA;
if merely
expected or
anticipated

- Greater evil
should not be
due to
negligence/im
prudence of
the actor
- Must not
result from a
violation of
law

Civil Liability
4. GR; no CV in
art 11 (xpn this
par)
 5. Borne by
persons
benefited in
proportion to
the benefits
they have
received
P5. Performance in
Fulfillment of Duty

1. Accused acted in
the performance
of a duty or in the
lawful exercise of
a right or office
2. Injury is a
necessary
consequence of:
● Due
performan
ce of duty
● Lawful
exercise
of a right

Doctrine of Self-Help
(Art 429)

P6. Obedience to an
Order

1. Order issued by a
superior
2. O is for lawful
purpose
3. Means used by
 subordinate is
lawful

RULES ON ABSORPTION

Treachery
- Abuse of age and sex
- Abuse of superior strength
- Means employed to weaken the defense
- Nighttime
- Craft (pag pwede ihiwalay, dalawa pinaggamitan ng craft and trechery; not absorbed)

Does not absorb

- Passion or obfuscation
- dwelling

Band
- Abuse of superior strength
- Use of firearm
- Aid of armed men
- *Conspiracy is presumed

Unlawful Entry
- May co-exist with dwelling
- Inherent in R with force upon things
Forcible Entry
- Inherent in R with force upon things

ART 62. Attendance of Mitigating, Aggravating and HD

A Not Considered in Maximum P Imposed A/M Circumstances Circumstances such Habitual

Increasing Penalty Regardless of in Connection with the as Manner of Delinquency
Mitigating Moral Attributes, Execution or Means (Effects)
Personal Relations Employed to
and Other Personal Accomplish the
Causes of the Crime
Offender

1. In themselves 1. Took Applicable only to Applicable only to 1. Third

constitutes a advantage of those whom such those who have Conviction:
crime public position circumstances are knowledge of the Penalty
punishable by 2. Organized/Syn attendant manner/means (Previously
law dicate Crime - Shall employed at the time imposed to the
2. Included by Group aggravate/mitig of the commission last felony
law in defining ate liability of P, committed and
crimes Accom, Acce was found
3. Inherent in a guilty) +
crime that it Prison
must of Correcional in
necessity Medium and
accompany the Maximum
commission of Periods)
 a crime
2. Fourth
Conviction:
Penalty
(Previously
imposed to the
last felony
committed and
was found
guilty) +
Prison Mayor
in Minimum
and Medium
Periods)

3. Fifth/Addition
al Conviction:
Penalty
(Previously
imposed to the
last felony
committed and
was found
guilty) +
Prison Mayor
in Max and RT
in its Min
Period)

What should be alleged in the information:

1. Date of conviction
 2. Date of release
3. Dates of commission of previous crimes

Art 63. Indivisible Penalties

Single Indivisible Penalty

Single Indivisible Penalty Impose the penalty provided by law regardless of aggravating/mitigating
present

2 or More Indivisible Penalties

1 Aggravating (par 1) Greater penalty

No M/A (par 2) Lesser penalty

W/ M no A (par 3) Lesser penalty

Both M and A present (par 4) Offset depending on their nature and importance and number
*Moral value rather than numerical value

Rules in Offsetting (Additional)

1. No M and A: Lesser
2. 2 M and 1 A: (RP to Death)
● Step 1: Offset 1 M with A (A must be cancelled out, only 1 M will remain)
● Step 2: Since there is 1 M remaining, apply par 3 above, lesser penalty shall be imposed (RP)

Effect of Attendance of Privileged Mitigating (PM)

In General: PM is the only circumstance that can defeat IP/Applicable to IPs
- Effect: Lower the penalty by one degree

Situation: The crime committed is rape punishable by RP to death, committed by a minor. (Minority is PM)
- Step 1: Apply PM. RP lowered to 1 degree is RT (becomes divisible)
- Step 2: Apply Art 64 (if no m/a remaining then impose RT in its med period)

Situation: Minor committed rape, there are 3 privileged mitigating.

- Step 1: RP lowered by 3 degrees (Arresto Mayor)

Art 64. Divisible Penalties (Penalties involving Three Periods)

Whether the penalty is a single divisible penalty or three different penalties the ff rules shall be observed:

Circumstance Period of Penalty

No M/A (par 1) Med

M only (par 2) Min

A only (par 3) Max

Both M & A (par 4) Offset one class from another according to their weight

2/more M and no A (par 5) Penalty next lower than that prescribed in the applicable period (according to
number and nature of circumstances)

2/more A and No M (additional) Max

*RULES -
- Applicable only when the penalty has three periods (divisible)
 - If the commission is attended with aggravating, penalty imposed shall not be a penalty greater than that imposed
in its maximum period (par 6)

How courts shall determine the extent of the penalty (par 7):
1. Number and nature of A and M circumstances
2. Greater or lesser extent of the evil produced

Single Divisible Penalty (In relation to Article 76):

ARTICLE 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 shown in the following table xxx

- E.g. RT (Min, med, max)

Two or More Divisible Penalties (In relation to Art 77):

ARTICLE 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.

E.g. Penalty imposed by the court for the crime of murder is PC to RT:
- PC (min)
- PM (med)
- RT (max)

Rules as to Offsetting:
Par 4: M & A both present
- In General: M should be ordinary and A should be generic or specific not inherent or qualifying
- Situation: 2 OM and 1 GA and the penalty imposed is RT
● Step 1: 1 ordinary mitigating will offset the generic aggravating
● Step 2: Apply par 2 of Art 64 (the penalty will be RT in its min period)

Par 5: 2/more M & No A

Penalty next lower than that prescribed in the applicable period (according to number and nature of circumstances)

- Situation: Penalty imposed is RT (max) to RP and 2 OMs

- Rule: Penalty next lower than that prescribed
- Get max and medium penalty

● Step 1: Get max. From RT, apply penalty 1 degree lower (PM max to RT med; 3 periods))
● Step 2: Get min. From PM, apply penalty 1 degree lower (PC max to PM med; 3 periods)

Par 6: In case of presence of aggravating circumstances (presupposes na madami), penalty imposed shall not be a
penalty greater than that imposed in its maximum period.

When attendance of Mitigating/Aggravating not considered in the imposition of penalty:

1. Single and indivisible penalty
2. Culpable felonies
3. Penalty will be imposed upon a Moro, christian inahbitants (it is within the discretion of trial court irrespective of the
attending circumstances) and cultural minority
4. Penalty is fine (imposed by an ordinance)
5. Penalty prescribed by special law

Indeterminate Sentence Law (In relation to Article 64; Summary)

Indivisible (Art 63)

Rules in Offsetting (Additional)

3. No M and A: Lesser
4. 2 M and 1 A: (RP to Death)
● Step 1: Offset 1 M with A (A must be canceled out, only 1 M will remain)
● Step 2: Since there is 1 M remaining, apply par 3 above, lesser penalty shall be imposed (RP)

Effect of Attendance of Privileged Mitigating (PM)

In General: PM is the only circumstance that can defeat IP/Applicable to IPs

- Effect: Lower the penalty by one degree

Situation: The crime committed is rape punishable by RP to death, committed by a minor. (Minority is PM)
- Step 1: Apply PM. RP lowered to 1 degree is RT (becomes divisible)
- Step 2: Apply Art 64 (if no m/a remaining then impose RT in its med period)

Situation: Minor committed rape, there are 3 privileged mitigating.

- Step 1: RP lowered by 3 degrees (Arresto Mayor)

Art 65. When Divisible Penalty is not Composed of 3 Periods (Or when none is given)

*Objective: To get numerical value of the three periods of penalties imposed

Step 1: Get the prescribed sentence of penalty

E.g. Prision mayor (6 years and 1 day to 12 years)

Step 2: Subtract maximum sentence to min (excluding 1 day)

E.g. 12 years (max) - 6 years (min) = 6 years (time included in the penalty)

Step 3: Divide by three periods the time included in the penalty

E.g. 6 years (TIP)/3 (periods) = 2 years

Step 4: Compute for minimum period

- Use the minimum of the penalty imposed; to serve as the minimum period of the minimum penalty imposed

E.g. 6 years and 1 day (include here 1 day)

- Add 2 years to the whole number of min period of the penalty (in this case 6) to get the maximum

E.g. 6 years + 2 = 8 years

Hence, the Prision mayor in its minimum period is 6 years and 1 day to 8 years.*

Step 5: Compute for the medium period

- Use the maximum of the minimum period computed above* as the basis, then add 1.

E.g. 8 years and 1 day (min) of the medium period

Step 6: Repeat Step 4. Add 2 years to the whole number of 8 excluding 1 day.

E.g. 10 years
Hence, the medium period of Prision Mayor is 8 years and 1 day to 10 years.**

Step 7: Compute for the maximum period

- Repeat Step 5. Use the maximum (whole number) of the medium period computed above* as the basis, then
add 1.

E.g. 10 years and 1 day (min) of the maximum period**

Step 8: Repeat Step 6. Add 2 years to the whole number of 10 excluding 1 day.

E.g. 12 years (maximum) of the maximum period

Hence, the maximum period of Prision Mayor is 10 years and 1 day to 12 years.

In general, check the table in Art 76 to double check. Pls memorize it also.

Art 67. Penalty in Relation to “Accident”(Par 4, Art 12; Exempting)/Culpable Felony (Art 365)

Rules
- Applies only when not all requisites are present
- All reqs not present: Reckless imprudence
- Some are not present: Culpable felony
*Art 67 and Art 365 (CF) provides for the same penalties

Accident (Art 12)/

Culpable Felony (Art 365)

Grave Felony Arresto Mayor (max) to Prision Correctional (min)

Less Grave Arresto Mayor in its min and med period

Requisites of Accident:
1. Act causing injury is lawful
2. Performed with due care
3. Injury caused by mere accident
4. No fault/intention on the part of the offender to cause injury

Art 68. Penalty imposed upon Minors

Age Penalty

Under 15 over 9 years (w/ Discernment) Lower by 2 degrees

Over 15 under 18 years Penalty next lower

Art 69. Penalty to be Imposed when the Crime is Not Wholly Excusable (In relation to Justifying and Exempting)

- Contemplates privileged mitigating

- Effect: Lower by 1-2 degrees
- In determining the period, take into consideration the number and nature of conditions of exemption/justification
Art 70. Successive Service of Sentence

As to Severity

1. Death.
2. Reclusión perpetua.
3. Reclusión temporal.
4. Prisión mayor.
5. Prisión correccional.
6. Arresto mayor.
7. Arresto menor.
8. Destierro
9. Perpetual Absolute Disqualification
10. Temporary Absolute Disqualification
11. Suspension from Public Office, Right to Vote and be Voted for, Right to Follow Profession or Calling
12. Public Censure

A person sentenced to destierro who is also sentenced to the penalty of prisión or arresto shall be required to serve these
latter penalties before serving the penalty of destierro.

Can be simultaneously served:

1. Perpetual absolute disqualification

2. Perpetual special disqualification
3. Temporary absolute disqualification
4. Temporary special disqualification
5. Suspension f. Destierro
6. Public censure
7. Fine and bond to keep the peace
 8. Civil interdiction
9. Confiscation and payment of costs

The above penalties, except destierro can be served simultaneously with imprisonment. Penalties consisting of
deprivation of liberty cannot be served simultaneously.

Limitations to Accumulation of Penalties

1. Maximum duration of confinement should not exceed three times the most serious penalties imposed upon him
(Three Fold Rule)
2. Shall not exceed 40 years

Three Fold Rule (Limitations)

1. Applicable only when there are at least 4 sentences
2. Applicable only if the total sum of all penalties exceed the penalty most severe multiplied by three
3. N/A if the sum total of all penalties does not exceed the most severe penalty multiplied by three*
4. Applies only when the convict will serve a continuous sentence (NA if the convict was already able to serve one
sentence)
5. Applicable even if the crimes are different, committed different times and there are separate information

*Illustration:

A was sentenced to the ff:

Theft - 1 year
Robbery - 2 years*
Estafa - 4 months
PI - 4 mos and 1 day

Sum of all Ps: 4 years, 8 mos and 1 day

Most severe: 2 years (rob) x 3 = 6 years

*3 fold rule, not applicable sum total of penalties did not exceed 6 years.

6. If the sentence is indeterminate, the maximum of the penalty will be the basis of 3 fold rule
7. Subsidiary imprisonment is part of a penalty

Art 71. Graduated Scales

SCALE NO. 1 SCALE NO. 2

1. Death, 1. Perpetual absolute disqualification,

2. Reclusion perpetua, 2. Temporal absolute disqualification

3. Reclusion temporal, 3. Suspension from public office, the right to vote and be
voted for, the right to follow a profession or calling,
4. Prision mayor,
4. Public censure,
5. Prision correccional,
5. Fine.
6. Arresto mayor,

7. Destierro,

8. Arresto menor,
 9. Public censure,

10. Fine.

Art 25 Art 70 Art 71

Classified by

Principal and Accessory penalties Severity Graduating the penalties in

accordance with Art 61

Placement of Destierro

Destierro placed above Arresto Menor Destierro placed under Arresto Menor Destierro placed above Arresto Menor
(correctional) (severity) (lower/higher)

Scale 1: Deprivation of personal rights

Scale 2: Deprivation of political rights

Art 73. Presumption of Application of Accessory Penalties

The court imposes penalties which carries with it accessory penalties and shall apply as well to the convict, in
accordance with the ff articles:
 Article 40 (Death)
Article 41. Reclusion perpetua and reclusion temporal
Article 42. Prision mayor; 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.
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.
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.
Article 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 in the
pardon.

Article 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.

Article 45. Confiscation and forfeiture of the proceeds or Every penalty imposed for the commission of a felony shall
instruments of the crime 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.
Note: Subsidiary penalty not an accessory penalty, hence, the judge shall expressly state that the offender shall suffer SP
for insolvency.

Art 74. Penalty Higher than RP

Rules
1. Death cannot be imposed
2. Contemplates a situation where the law imposes a penalty higher than RP but is not expressly provided

Illustration: Penalty imposed is RT 2 degrees higher; resulting to death

- What shall we do under Art 74? Apply same penalty (RT) + accessory penalties of death in Article 40

Hence, the penalty imposed is Reclusion Temporal with perpetual absolute disqualification and that of civil
interdiction during thirty years following the date sentence.

Ratio: Death penalty cannot be imposed as penalty unless specifically imposed by law in a given crime

Art 75. Increasing/Decreasing Penalty of FINE by One/2 Degrees

Rules
1. One degree - ¼ of the maximum amount of fine
2. Minimum amount of fine imposed should be unchanged

Illustration:

Fine imposed is P20,000 to P200,000 one degree lower.

 200,000/4 = P50,000

200,000 - 50,000 = P150,000

Hence, fine that is one degree lower is P20,000 to P150,000.

Fine imposed is P20,000 to P200,000 two degrees lower.

200,000 - 100,000 = P20,000 to P100,000.

Fine imposed is P20,000 to P200,000 one degree higher.

200,000 + 50,000 = P250,000.

Hence, penalty of fine one degree higher is P20,000 to P250,000.

3. When the minimum is not fixed by law: The courts have the discretion to fix such without exceeding the maximum
of the fines.

Fine with a Fixed Minimum Fine Without a Fixed Maximum

Law fixes the maximum of the fine

When the court fixes the minimum, courts cannot change Only maximum is imposed, the courts may fix the min not
 it. exceeding the minimum.

Law fixes both the minimum and maximum, court may impose an amount higher than the maximum

Par 2: Same rules shall be observed with regard to fines that do not consist of a fixed amount, “but are made
proportional”

The fine shall be from an amount equal to the value of the damage - 3x such value, but in no case shall be less than 25
pesos.
Computation/Illustration:

Direct bribery fine imposed is P2,300.

Step 1: Get the minimum.

P2,300 (min)

Step 2: Get maximum

P2,300 x 3 (from the phrase “3x of such value” = P6,900

Step 3: Get value of degree (¼ of the maximum)

6,900/4 = 1725 (1 degree)

Step 4: 1725 x 2 (two degrees) = 3450 (value of 2 degrees)

Step 5: Subtract value of 2 degrees (3450) to max fine (P6,900)

 P6,900 - 3450 = P3,450 as the maximum fine imposed if the penalty will be lowered by 2 degrees.

Art 76. Legal Period of Duration of Divisible Penalties

Period - min, med, max

Continue
Art 77. Complex Penalty Composed of 3 Distinct Penalties
Indeterminate Sentence Law (Salient Provisions)

General Principles

1. After the convict serves the minimum sentence, he may or may not be eligible for parole depending on the
conditions set forth in the ISLaw
2. Court must determine 2 penalties: Minimum and Maximum Term

SECTION 1

Contemplates 2 situations:
1. In imposing imprisonment upon the accused for offenses committed in violation of the RPC:
- The Court shall sentence the accused to an indeterminate sentence
● Maximum - in view of the attending circumstances should be properly imposed based on the rules
found on the code
- Only here, the aggravating or mitigating shall be considered
● Minimum - within the range of the penalty next lower prescribed by the Code (in any of its period
or anywhere within the range)
- Penalty next lower is based on the penalty prescribed by the Code without considering in the
meantime the modifying circumstances
- In determining, the court has the discretion to fix the min period within the range of the penalty
next lower

Illustration/Problem: A is convicted of a crime punishable of prision mayor and one mitigating circumstance. Give the
minimum and maximum term of indeterminate penalty.

Step 1: Get maximum. Impose the penalty at its full extent. In this case, the penalty is prison mayor should be imposed in
its maximum period.
Step 2: Apply Article 64 par 2 (when there is 1 mitigating and no aggravating attending a divisible penalty; here,
prison mayor is divisible hence, art 64 applies). The penalty now becomes prison mayor in its maximum period to
prision mayor in its minimum period because of one mitigating circumstance.

Hence, maximum term is prison mayor in its min period.

Step 3: Get the minimum period. The penalty next lower to prison mayor is prision correctional, this time in any of its
range.

Hence, the minimum term is prison correctional in any of its range.

How to Determine Maximum Term According to the Rules of the Code

- Determined in any case punishable in the RPC as if ISLaw have not been enacted
- Maximum penalty of the ISLaw is those enumerated in the ff:

Article 46. Penalty to be

imposed upon principals in The penalty prescribed by law for the commission of a felony shall be imposed upon the
general 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.

Article 48. Penalty for When a single act constitutes two or more grave or less grave felonies, or when an
complex crimes. 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.

Article 50. Penalty to be The penalty next lower in degree than that prescribed by law for the consummated felony
imposed upon principals of
a frustrated crime
Article 51. Penalty to be
imposed upon principals of
attempted crimes
Article 52. Penalty to be
imposed upon accomplices
in consummated crime
Article 53. Penalty to be
imposed upon accessories
to the commission of a
consummated felony.
Article 55. Penalty to be
imposed upon accessories
of a frustrated crime.
Article 56. Penalty to be
imposed upon accomplices
in an attempted crime
Article 57. Penalty to be
imposed upon accessories
of an attempted crime
Article 61. Rules for
graduating penalties. - For
shall be imposed upon the principal in a frustrated felony.
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.
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.
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.
Article 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.
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.
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.
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.
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
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:
Article 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
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.
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.
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.
for the purpose of
diminishing or increasing
the penalty in conformity
with the following rules:
Article 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:
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.
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

Article 65. Rule in cases in
which the penalty is not
composed of three periods.
Article 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:
Article 69. Penalty to be
imposed when the crime
committed is not wholly
excusable
Article 71. Graduated SCALE NO. 1
scales. - In the case in
which the law prescribed a 1. Death,
penalty lower or higher by
the greater and lesser extent of the evil produced by the crime.
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.
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.
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.
one or more degrees than 2. Reclusion perpetua,
another given penalty, the
rules prescribed in Article 3. Reclusion temporal,
61 shall be observed in
graduating such penalty. 4. Prision mayor,

The lower or higher penalty 5. Prision correccional,

shall be taken from the 6. Arresto mayor,
graduated scale in which is
comprised the given 7. Destierro,
penalty.
8. Arresto menor,
The courts, in applying
such lower or higher 9. Public censure,
penalty, shall observe the
following graduated scales: 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.

Effect of Presence of Privileged Mitigating (RPC)

GR: Lower by one degree

- In determining the minimum term of the Indeterminate sentence, the reckoning point is the penalty next lower

Illustration: Homicide committed by a minor. Penalty is homicide; punishable by reclusion temporal.

● The reckoning point to determine the minimum term of the indeterminate penalty is Prision Mayor which is
the penalty next lower.

2. Offenses committed and punished by special laws:

- The court shall sentence the accused to an indeterminate sentence
● Maximum - shall not exceed the maximum prescribed by the law
● Minimum - not less than the minimum prescribed by law

SECTION 2 (Disqualified Persons)

1. Persons convicted of offenses punished with death penalty or life-imprisonment; (only when death is imposed as
the penalty by the court)

● If the offense is “punishable” by death but death was not imposed (and another penalty was imposed),
ISLaw is applicable.
2. Convicted of treason, conspiracy or proposal to commit treason; misprision of treason, rebellion, sedition or
espionage; piracy;
3. Habitual delinquents;
● XPN: Recidivists are entitled to ISLaw
4. Escaped from confinement or
5. Evaded sentence;
- Includes violating destierro
 - Does not include confinement which are not considered imprisonment (e.g. Philippine Training School for Boys,
National Mental Hospital)
6. Violated the terms of conditional pardon granted to them by the Chief Executive;
7. Maximum term of imprisonment does not exceed one year
- The application of the ISLaw is based on the penalty actually imposed; (e.g. punishable by 6 months, 1 day
to six years but court imposed only six months, 1 day, then, ISLaw does not apply)
8. Those who, upon the approval of the law (5 December 1933), had not been sentenced by final judgment
9. Sentenced to the penalty of destierro or suspension.
- ISLaw applies only to those punished with imprisonment exceeding one year; there is no imprisonment in
destierro and suspension.

- Continue -

- Probation law -

Art 80. Suspension of Sentence for Minor Delinquents

1. Children under 15 over 9 (w/o D): Exempt

- Immendiately release the child to parents, guardians or nearest relatives
- Intervention program unless best interest is to be admitted to Bahay Pag asa

If the child is neglected, abused, abandoned, dependent: And the best interest is to admit to Bahay Pagasa, the
parents, guardians/other relatives shall make a written authorization for voluntary commitment
- Min age of children is 12 years old
- If no parents, etc: subject to Involuntary commitment via petition filed by DSWD or LSWDO (Local Social
Worker Development Officer)

2. Children over 15 under 18 (w/o D): Exempt

 3. Children over 15 under 18 (w/ D): Diversion Program subject to the following rules.

Imposable penalty not more than 6 years LSWD/Punong barangay officer shall conduct mediation,
conflict resolution programs. Family and child shall be both
present.

Victimless crimes penalty not more than 6 years LSWDO meet with parents and child for appropriate
rehabilitation \programs

Exceeds 6 years Court shall have authority to impose diversion programs

SECTION 2: EXECUTION OF PRINCIPAL PENALTIES

Art 81. How and when Death Penalty executed

- Repealed by RA 9346. Death Penalty no longer allowed, hence, arts 81-85 are NA.

Art 86. RP, RP, PM, PC, AM.

Rules
1. Sentence and execution shall be served in the places and penal establishments provided in the Administrative
Code or any other law provided in the future

Art 87. Destierro

Rules
1. Could not enter the place within the radius specified which shall not be more than 250KM not less than 25KM from
the place designated.

Imposed upon the ff persons:

 1. Death/SPI under exceptional circumstances
2. Failure to give bond for good behavior
3. Concubine in the crime of concubinage
4. After lowering the penalty by degrees, same is the proper penalty.

Art 88. Arresto Menor

Rules
Shall be served in the:

1. Municipal jail or house

- House; shall be under the surveillance of an officer

What should be taken into consideration? Health and other reasons which the court sees as satisfactory

TITLE FOUR: EXTINCTION OF CRIMINAL LIABILITY

TITLE 1: TOTAL EXTINCTION

Art 89. Total Extinguishment of Criminal Liability

1. Death as to personal liabilities - penalties are personal

- Death as to pecuniary penalties are extinguished only if the same occurred before final judgement
2. Service of sentence
3. Amnesty
4. Absolute pardon
5. Prescription of crime
6. “ of penalty
7. Marriage of the offended woman (Art 344)
Motion to Quash (Relevance)
If criminal action is extinguished, a MTQ may be filed which bars the person from being prosecuted under the same
information and offense.

Final Judgement
1. After the lapse of period of perfecting an appeal (15 days)
2. Sentence partially or totally served
3. Defendant waives in writing his right to appeal

Effect of Death Pending Appeal

GR: Extinguishes criminal liability and civil
XPN: Civil liability predicated on other sources of obligation other than delict
- Eg. claim for damages under breach of contract

Prescription of Crime - lose the right to prosecute (peo /state)

“ of Penalty - lapse of time of execution of judgement

Reqs:
1. Final judgement
2. Lapse of time

Art 90. Prescription of Crimes

*Table is in relation to Art 25.

Penalty Prescription

(Afflictive) Death, RP and RT 20 years

 Other Afflictive Penalties: 15 years
1. P/T Absolute / P/T Temporary Special
Disqualification
2. Prision Mayor

Correctional Penalties 10 years

Libel/Other Similar Offenses 1 year

Oral Defamation and Slander by Deed (Grave Slander) 6 months / (Simple Slander) 2 months

Light Offenses 2 months

Eg. Arresto Menor or Fine Not Exceeding P40,000

Penalty is Compound Highest penalty; basis of application of 1st-3rd pars

Prescription of Crimes Punishable by Fine (in relation to Article 26)

*Imposed as a single penalty

Penalty (Fine) Prescription

Afflictive (Exceeding P1.2) 15 years

*Correctional (Does not exceed P1.2 but not less than 10 years
P40,000)

Light Penalty (Less than P40,000) 2 months

Running of Prescriptive Period

Shall commence from the day following the day on which the crime was committed. Rule: 1st day excluded last day
included.
*If the amount is exactly P40,000 apply Article 9.

Effect When Fine imposed as Alternative penalty is Higher than Penalty by Imprisonment
Prescription of crime is based on the fine.

Prescriptive Period of Offenses for Special Laws and Municipal Ordinances (RA 3763)

Penalty Prescription

Fine or Imprisonment for not more than 1 month or 1 year

both

Imprisonment for more than 1 month but less than 2 4 years

years

Imprisonment for 2 years or more but less than 6 years 8 years

Imprisonment for 6 years or more After 12 years

Offenses under Internal Revenue Law 5 years

Violations of Municipal Ordinances 2 months

Violations of the Regulations/Conditions of Certificate 2 months

of Convenience by the Public Service Commission
*NA if special law provides for its own prescriptive period

Art 92. When and How Penalties Prescribe (Imposed by Final Sentence)
 Penalty Prescription

Death & RP 20 years

Other Afflictive Penalties 15 years

Correctional Penalties 10 years

XPN: Arresto Mayor 5 years

Light Penalties 1 year

Prescription of Crimes Prescription of Penalties

What is considered is the penalty prescribed What is considered is the penalty imposed