Hand Outs Criminal Law 1 2022

NOTES IN CRIMINAL LAW BOOK 1
Prof. Michael Vher F. Ilomin, JD MPT 2022

PNP Training School Lecturer, CLE National Reviewer, Book Author
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CRIMINAL LAW 1
Criminal Law- that branch of public law which defines crimes treats
of their nature and provides for their punishment.
Crime is an act Felony is an act Offense- those Infraction-

committed or or omission punishable by violation of
omitted in punishable by Special laws. An city or
violation of a the Revised illegal act which municipal
public law Penal Code does not amount ordinances.
forbidding or to a crime as
commanding it defined in the
Penal Code.
SOURCES OF CRIMINAL LAW
1. Act 3815 known as the Revised Penal Code

2. Special Penal Laws passed by Congress
3. Presidential Decrees issued by President Marcos
Common Law Crimes- the body of principles, usages and rules of

actions which do not result from the express act of the legislature.
There is no such crime in the Philippines.
Q: Who has the power to define and punish crimes?

A: The State
NULLUM CRIMEN NULLA POENA SINE LEGE- there is no crime if

there is no law punishing it.
CHARACTERISTICS OF CRIMINAL LAW:
1. General- criminal law is binding on all persons who live or

sojourn in the Philippines.
2. Territorial- criminal laws are applicable only if the crime is
committed within Philippine territory.
3. Prospective- criminal law cannot make an act punishable in a
manner in which it was not punishable when committed. See Art
366. (The law looks forward and not backwards)
EXCEPTIONS TO THE TERRITORIAL CHARACTERISTICS
1. When the offender shall commit an offense on a Philippine ship or

airship.
2. When the offender should forge or counterfeit any coin or currency
note of the Philippines or obligations and securities issued by the
Philippine government.
3. When the offender should be liable for the acts connected with the
introduction into the Philippines of the obligations and securities
mentioned in number two.
4. When the offender who is a public officer or employee abroad shall
commit an offense in the exercise of his functions.
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5. When the offender should commit an offense against the national
securities and the laws of nations.
CONSTRUCTION OF PENAL LAWS:
1. Penal laws are strictly construed against the state and liberally in
favor of the accused
2. If there is a conflict between the Spanish text and the English
text, the Spanish text prevails.
ACT 3815 THE REVISED PENAL CODE
HISTORY OF THE RPC.
 The old Penal Code which took effect until December 31, 1931.
 Administrative Order 94 of the DOJ dated October 18, 1927
 Anacleto Diaz, Quintin Paredes, Guilermo Guevarra, Alex Reyes

and Mariano De Joya
 RPC approved December 8, 1930
 RPC took effect January 1, 1932
THEORIES IN CRIMINAL LAW:
1. Classical (Juristic) Theory- the basis of criminal liability is

human free will and the purpose of penalty is retribution. Man is
a moral creature with an absolute free will to choose between
good and evil.
2. Positivist (Realistic) Theory. Man is subdued occasionally by
a strange and morbid phenomenon which constrain him to do
wrong. Crime is a social and natural phenomenon; it cannot be
treated therefore by the application of abstract principles of law
or by the imposition of punishment.
RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANY

VESSEL WHILE WITHIN PHILIPPINE WATERS:
1. English Rule- the crime is punishable in the Philippines, unless

the crime merely affects things within the vessel.
2. French Rule- the crime is not triable in the courts of that
country, unless their commission unless their commission has
effects on the safety of the coastal state.
Limitations on Congress to Enact Penal Laws
1. No Ex Post Facto Law shall be enacted.- Ex Post Facto Law is

a law that makes criminal an act done before the passage of the
law and which was innocent when done, and punishes such an
act; it may also be defined as a law which aggravates a crime, or
makes it greater than it was, when committed.
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2. No Bill of Attainder shall be passed.– A bill of attainder is a law

which inflicts punishment without trial.
3. No person shall be deprived of life, liberty or property

without due process of law- The law must must be fair and
reasonable and the accused must be given the opportunity to be
heard and be accorded the rights to which he is entitled.
4. Excessive fines shall not be imposed nor cruel or unusual

punishment.
Article 1. Time when Act Takes effect- January 1, 1932
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 on 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.
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.
ELEMENTS OF FELONIES IN GENERAL:
1. An act or omission
2. Act or omission punishable by the RPC
3. Act is performed or omission is incurred by means of dolo or
culpa.
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Act- is any bodily movement tending to produce some effects in the

external world.
Omission- inaction, the failure to perform an act one is bound to do.
EXTERNAL ACT vs. INTERNAL ACT
IMPRUDENCE VS. NEGLIGENCE
1. Imprudence usually involves lack of skill. Negligence usually

involves lack of skill
2. Imprudence involves a deficiency of action. Negligence indicates
a deficiency of perception.
REQUISITES OF DOLO OR MALICE
1. Freedom of action
2. Intelligence
3. Intent
REQUISITES OF FAULT OR CULPA
1. Freedom of action
2. Intelligence
3. Imprudent, negligent, or lack of foresight or lack of skill
Ignorantia legis non excusat-
Ignorantia facti excusat-
Mistake of fact- is a misapprehension of fact on the part of the

person who caused injury to another. He is not liable for absence of
criminal intent.
REQUISITES OF MISTAKE OF FACT:
1. The act would have been lawful had the facts been as the
accused believed them to be.
2. The intention of the accused in performing the act should be
lawful.
3. That the mistake must be without fault or carelessness on the
part of the accused
Case: U.S. vs. Ah Chong 15 Phil 488

People vs. Oanis 74 Phil 2571
Actus non facit reum nisi mens sit rea- the act itself does not
make a man guilty unless his intention was so.
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The accused both police officers were convicted of murder when both shot a notorious criminal while the
latter was caught sleeping on his bed. The two argued that the deceased was very dangerous. This argument
was debunked.
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Actus me invito factus nonest meus actus- an act done by me
against my will is not my act.
CRIMES MALA IN SE vs. CRIMES MALA PROHIBITA:
MALA IN SE MALA PROHIBITA

1. Those so serious as to call for Violations of mere rules of
unanimous condemnation convenience designed to secure a
more orderly regulation of
society’s affairs
2. wrongful in nature 2. made wrongful only by statute
3. generally punished by the RPC 3. punished by special law
4. intent is necessary 4. intent not necessary
Motive- the moving power which impels one to action for a definite
result. Intent is the purpose to use a particular manes to effect such
result. Motive is not an element of a crime and need not be proved.
Intent is an element and must be proved.
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 an account of the
employment of inadequate or ineffectual means.
Rationale of Par. 1- el que es causa de la causa es causa del mal

causado- he who is the cause of the cause is the cause of the evil
caused.
Article 4 (1) may refer to either:
a. Error in personae- mistake in identity of victim

b. Aberratio Ictus- mistake in blow
c. Praeter Intentionem- result done is greater than that
originally intended.
REQUISITES OF ART. 4 (1)
1. An intentional Felony has been committed.

2. The wrong done to the victim be the direct, natural and logical
consequence of the felony committed by the offender.
3. The felony done must be the proximate cause of the resulting
injury. Proximate cause- is that cause which in the ordinary
and continuous sequence, unbroken by any efficient intervening
cause produces the injury. Efficient intervening cause- are
those that break the relation of cause and effect. The felony
committed is not the proximate cause of the resulting injury
when:
1. there is an active force that intervened between the felony
committed and the resulting injury;
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2. the resulting injury is due to the intentional act of the accused.
IMPOSSIBLE CRIMES- those crimes which would have been

committed against person or property were it not for the inherent
impossibility of its accomplishment or on account of the employment
of inadequate or ineffectual means. The purpose of the law in
punishing impossible crime is to suppress criminal propensities or
tendencies. The penalty for impossible crime is arresto mayor or fine
of P200-500 (Article 59).
REQUISITES OF IMPOSSIBLE CRIMES
1. The act performed would have been an offense against persons

or property.
2. The act was done with evil intent
3. Its accomplishment is inherently impossible because it the
means either inadequate or ineffectual
4. The act does not constitute another violation of the RPC.
Art. 5. Duty of the court in connection with acts which should

be repressed but which arenot covered by the law, and in cases
of excessivepenalties. — 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
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 or over 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.
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STAGES IN THE EXECUTION OF A FELONY
1. Consummated- when all the elements necessary for its

accomplishment and execution 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.
DEVELOPMENT OF A CRIME
1. Internal acts- these are the mere ideas in the mind of a person
2. External acts-
a. Preparatory act- ordinarily not punishable

b. Acts of execution- they are the stages. Already punishable.
ATTEMPTED FELONY REQUISITES
a. Offender commences the commission of a felony directly by

overt acts
b. He does not perform all the acts of execution
c. He is not stopped by his own spontaneous desistance
d. The non performance of the all acts of execution was due to
cause or accident other than his own spontaneous desistance.
When is a felony commenced by overt acts?

a. there must be external act;
b. the external act must have direct connection with the crime
intended to be committed.
Case: People vs. Lamahang 61 Phil 703
INDETERMINATE OFFENSE- It is one where the purpose of the

offender in performing an act is not certain
Case: People vs. Baleros 483 SCRA 102
PREPARATORY ACT vs OVERT ACT
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Supreme Court said: “it would be too strained to construe petitioner’s act of pressing a chemical-soaked
cloth in the mouth of Malou which would induce her to sleep as an overt act that will logically and
naturally ripen into concrete rape. Petitioner did not commence at all the performance of any act indicative
of an intent or attempt to rape Malou. It cannot be overemphasized that petitioner was fully clothed and that
there was no attempt on his part to undress Malou. For what reason petitioner wanted the complainant
unconscious, if that was really his immediate intention, is anybody’s guess.” His act of embracing and
kissing Malou, mashing her breast, inserting his hand inside her panty and touching her sexual organ, while
obscene and detestable acts, do not constitute attempted rape absent any showing that he actually
commenced to force his penis into the complainant’s sexual organ.
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Overt Act- some physical activity or deed more than a mere
planning or preparation, which if carried out 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 naturally ripen in a concrete offense.
Rational for spontaneous desistance: A sort of reward to those who

heed the call of conscience and return to the path of righteousness.
But the desistance should be made before all the acts of execution are
performed.
FRUSTRATED FELONY REQUISITES
1. Offender performs all the acts of execution

2. Felony is not produced
3. By reason of cause independent of the will of the perpetrator
Q: How to determine whether a crime is attempted, frustrated or

consummated?
A: See the following:
a. the elements present
b. the nature of the offense
c. the manner of the commission of the crime
FORMAL CRIMES vs. MATERIAL CRIMES
Formal crimes- are crimes consummated in one instant. There is only

one stage and that is consummated stage. Material crimes have
three stages of execution, attempted,
frustrated3 and consummated.
Art. 7. When light felonies are punishable. — Light felonies are

punishable only when they have been consummated, with the
exception of those committed against person or property.chan robles
virtual law library
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.
3
In People vs. Aca-ac 357 SCRA 373 the Court said: “For the consummation of rape perfect penetration is
not essential. Any penetration of the female organ by the male organ is sufficient. Entry of the labia or lips
of the female organ, without rupture of the hymen, is sufficient to warrant conviction. 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.
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Conspiracy and Proposal to Commit a Felony- are punishable only in
the cases in which the law specifically provides a penalty therefore.
Cases where mere conspiracy is already punishable:
1. Conspiracy to commit treason (Art.115);

2. Conspiracy to commit rebellion or insurrection (Art. 136);
3. Conspiracy to commit sedition (Art. 141);
4. Conspiracy in restraint of trade or commerce (Art. 186)
5. Conspiracy to commit terrorism under RA 9372
6. Conspiracy to commit arson under PD 1602.
Cases where mere proposal is already punishable:
1. Proposal to commit treason (Art. 115);

2. Proposal to commit rebellion or insurrection (Art. 136).
“Act of One is Act of All.”
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 Art..
Light felonies are those infractions of law for the commission of which
a penalty of arrest menor or a fine not exceeding 200 pesos or both; is
provided.
CLASSIFICATION OF FELONIES ACCORDING TO GRAVITY
Grave felonies- are those to which the law attaches the capital
punishment or penalties which in any of their period are afflictive.
Less grave felonies are those which the law punishes with penalties
which in their maximum period are correctional. Light felonies are
infraction of laws for the commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos or both is provided.
PRINCIPAL PENALTIES
Capital Punishment:
Death
Afflictive Penalties
Reclusion perpetua- 20 yrs.+1 day to 40 yrs.

Reclusion temporal- 12 yrs.+1 day-20 yrs
Perpetual or temporary absolute disqualification-6 yrs.+1 day to 12
yrs.
Perpetual or temporary special disqualification- 6 yrs.+1 day to 12 yrs.
Prision Mayor-6 yrs. + 1 day to 12 years
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Correctional penalties
Prision correctional- 6 mos.+ 1 day to 6 yrs.

Arresto mayor-1 month + 1 day to 6 mos.
Suspension- 6 mos+1 day to 6 yrs.
Destierro- 6 mos. +1 day to 6 yrs.
Light penalties:
Arresto menor- 1 day to 30 days

Public censure
ACCESSORY PENALTIES
Perpetual or temporary absolute disqualification

Perpetual or temporary special disqualification
Suspension from public office, the right to vote and be voted for
Civil Interdiction
Indemnification
Forfeiture or confiscation of instrument sand proceeds of the offense
Payment of cost
________________________________________________________
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.
Special Law- a law which defines and punishes act not found in the
RPC
CIRCUMSTANCES AFFECTING ONES CRIMINAL LIABILITY
1. Justifying Circumstances
2. Exempting Circumstances
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances
Imputability- the quality by which a criminal act maybe

pinpointed to another as its doer or author.
Responsibility- is the obligation of an offender in suffering the
consequences of a crime.
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JUSTIFYING CIRCUMSTANCES
Justifying circumstances- those where the act of a person is

said to be in accordance with the law. As a consequence he is freed
from criminal and civil liability.
Enumerate the Justifying Circumstances:
1. Self defense
2. Defense of relatives
3. Defense of strangers
4. Avoidance of greater evil
5. Fulfillment of duty
6. Obedience to order of superior.
Long (Complete) Version Short Version

1. Anyone who acts in defense of his person Self Defense
or rights
2. Any one who acts in defense of the Defense of Relatives
person or rights of his spouse, ascendants,
descendants, or legitimate, natural or
adopted brothers or sisters, or his relatives
by affinity in the same degrees and those
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 revocation was given
by the person attacked, that the one making
defense had no part therein.
3. Anyone who acts in defense of the person Defense of Strangers

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 Avoidance of Greater
or injury, does not act which causes damage Evil
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.
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5. Any person who acts in the fulfillment of a Fulfillment of Duty
duty or in the lawful exercise of a right or
office.
6. Any person who acts in obedience to an Obedience to order

order issued by a superior for some lawful
purpose.
Q: Who has the burden to prove self defense?

A: The defense (accused)
REQUISITES OF SELF DEFENSE
1. Unlawful aggression;4
2. Reasonable necessity of the means employed to prevent or repel it;
3. Lack of sufficient provocation on the part of the person defending
himself
Unlawful aggression- is assault or at least threatened assault of an

immediate and imminent kind.
* When the aggressor fees, there is no more unlawful aggression

* But when he retreats to take advantage of a better position, unlawful
aggression still exists
* There is no unlawful aggression when there is an agreement to a
fight.
* Rights involved in self defense includes defense of honor and
property.
Retreat to the wall doctrine Stand ground when in the

right
1. An ancient common law rule in A rule which states that where the
homicide which made it the duty accused is where he has the right
of a person assailed to retreat as to be, the law does not require
far as he can before he is justified him to retreat when his assailant
in meeting force with force is advancing upon him with a
deadly weapon.
2. no longer followed in the it is currently the rule in the
Philippines Philippines
Case: People vs. Jaurigue 76 Phil 174

People vs. Apolinar 38 OG 28705
* The belief of the accused is considered in determining the existence

of unlawful aggression.
* But a mere threatening attitude is not unlawful aggression.
* Cases where the unlawful aggressor is disarmed
* The defender must not indiscriminately fire his weapon
4
Unlawful aggression is the first and indispensable requisite of self defense. Self defense may also include
defense of honor, property and others of a kindred kind. Mere or light push is not unlawful aggression. So
as insulting words or foot kick greeting.. But a slap on the face is unlawful aggression. The mere thrusting
into one’s pocket as if for the purpose of drawing a weapon is not unlawful aggression. Even the cocking of
a rifle without aiming the firearm at any particular target is not unlawful aggression.
5
The accused saw a man stealing a sack of palay from his Riceland. He shot the thief while running away.
He was convicted and made liable.
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TEST OF REASONABLENESS IN DETERMINING WHETHER THERE

IS SELF DEFENSE.6
1. Nature of the weapon used by the aggressor

2. Quality of his weapon
3. The physical conditions of both parties
4. Place of the aggression and others7.
Provocation- any unjust or improper conduct on the part of the

offended party capable of inciting or irritating any one.
THINGS TO REMEMBER IN PROVOCATION :
1. There must be no provocation made by the one claiming self

defense;
2. Even if provocation was given, it must be sufficient provocation;
3. Even if the provocation was sufficient, but it was not given by the
person claiming self-defense then there is self defense.
DEFENSE OF RELATIVES REQUISITES
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. In case the provocation was given by the person attacked, the one
making the defense had no part therein.
* Relatives by affinity are those created by marriage such as parents

in law, sons and daughters in law
* Relatives by consanguinity are relatives by nature or by blood
relations. Siblings are within the 2nd civil degree, whereas uncle and
niece or aunt and nephew are within the 3 rd civil degree, first cousins
are within the 4th civil degree.
DEFENSE OF STRANGERS8 REQUISITES
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. The person defending be not induced by revenge, resentment or
other evil motive.
AVOIDANCE OF GREATER EVIL REQUISITES
1. That the evil sought to be avoided actually exists;

2. That the injury feared be greater than that done to avoid it;
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Reasonable necessity of the means employed does not imply material commensurability between the
means of attack and defense. What the law requires is a rational equivalence, in the consideration of which
will enter as principal factors the emergency, the imminent danger to which the person attacked is exposed,
and the instinct more than reason, that moves or impels the defense.
7
In People vs. Ubaldo 367 SCRA 432 the Supreme Court declared that the means used by the defender
was unreasonable, because the number of the gunshot wounds inflicted on the deceased shows that the
means employed were hardly reasonable at all. The nature and number of wounds inflicted upon the victim
are important indicia which disprove self defense. The multiple gunshot wounds inflicted upon the
deceased show that appellant’s act was not one of self defense, but was a determined and purposeful attack
upon the victim.
8
Strangers- are those not included in the enumeration of relatives in Art. 11 (2)
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3. That there be no other practical and less harmful means of
preventing it
FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR

OFFICE
REQUISITES
1. The accused acted in the performance of duty or in the lawful

exercise of a right or office.
2. The injury caused is the consequence of the due performance 9 of
duty or the lawful exercise of such right or office.
Case: People vs. De Lima 46 Phil. 73810
DOCTRINE OF SELF HELP- states that the owner or the lawful

possessor of a thing has the right to exclude any person from the
enjoyment and disposal thereof. Thus he may use such force as may
be reasonably necessary to repel or prevent an actual or threatened
unlawful physical invasion or usurpation of his property. (Art. 429 Civil
Code)
OBEDIENCE TO ORDER ISSUED BY A SUPERIOR REQUISITES
1. A lawful order has been issued by a superior;

2. The means used by the accused subordinate to carry out said order
is lawful
EXEMPTING CIRCUMSTANCES
Exempting Circumstances- are those grounds for exemption from

punishment because there is wanting in the agent of the crime any of
the conditions which make the act voluntary or negligent.
ENUMERATE THE EXEMPTING CIRCUMSTANCES:
1. Imbecility; Insanity (unless the latter acted during a lucid interval)

2. A person under 9
3. A person over 9 and under 15 unless he has acted with
discernment.
4. Accident
5. irresistible Force
5. Uncontrollable fear
6. Insuperable cause.
9
In Baxinela vs. People 485 SCRA 331, a policeman was held guilty when he shot at somebody who had a
gun tucked around his waist. When he shot the offended party the latter was not at all resisting. The
shooting of the offended party cannot be considered due performance of a duty if at that time the offended
party posed no serious threat or harm to Baxinela or the civilians in the pub.
10
Here, a fugitive was escaping from a policeman. In order to prevent the continued and imminent escape
of the fugitive, the policeman fired at the fugitive. The Supreme Court acquitted the policeman, on the
ground that the killing was done in the fulfillment of duty. But in People vs. Lagata, a jail guard shot to
death a prisoner whom he thought was escaping. The Supreme Court affirmed the conviction of the jail
guard for homicide because the facts showed that the prisoner was not at all trying to escape. The SC said
that the jail guard could only fire at the prisoner in self defense or if absolutely necessary to avoid his
escape.
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1. An imbecile or an insane person, unless the Imbecility or Insanity
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. (Repealed Minority
by RA 9344)
3. A person over nine years of age and under Minority
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. (Repealed by RA 9344)
4. Any person who, while performing a lawful Accident
act with due care, causes an injury by mere
accident without fault or intention of causing it.
5. Any person who act under the compulsion of Irresistible Force
irresistible force.
6. Any person who acts under the impulse of an Uncontrollable Fear
uncontrollable fear of an equal or greater
injury.
7. Any person who fails to perform an act Lawful or
required by law, when prevented by some Insuperable Cause
lawful insuperable cause.
Imbecile- One who is old but has a mental development similar to

children between the ages 2-7 years.
Insanity11- one which exists when there is a complete deprivation

of intelligence in committing the criminal act, that is the accused is
deprived of reason and acts without the least discernment.
Q: who has the burden to prove insanity?

A: Defense (Accused)
INSANITY AT THE TIME OF THE COMMISSION OF THE CRIME vs.

INSANITY AT THE TIME OF TRIAL
Discernment- the mental capacity of a minor to distinguish between

right from wrong and to fully appreciate the consequences of his
felonious acts. It may be shown by:
a. manner of committing the crime;
b. conduct of the offender
c. such other circumstances12
11
The condition known as dementia praecox is covered by the term insanity. So as Epilepsy may be
covered by the term insanity. However, that Kleptomaniais also covered is still a debatable proposition.
Somnambulism may be a cause for exemption for lack of criminal intent.
15
PP
REPUBLIC ACT 9344- AN ACT ESTABLISHING A
COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM
(Juvenile Justice and Welfare Act of 2006)
Child in Conflict with the Law- a child who is accused or adjudged

of having committed an offense.
Initial contact with the child- refers to the apprehension of a child

in conflict with the law by officers or private citizens.
Status Offense- offenses which discriminate only against a child while

an adult does not suffer any penalty for committing similar acts.
Examples are: curfew violations, truancy, parental disobedience.
Section 6 RA 9344 says: A child 15 years of age or under at the

time of the commission
of the offense shall be exempt from criminal liability.
A child above 15 years but below 18 shall likewise be exempt from

criminal liability and be subjected to intervention program unless he
has acted with discernment.
Section 58 of the same law says: 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.
ACCIDENT REQUISITES
1. A person performs a lawful act;

2. With due care;
3. He causes an injury to another;
4. Without fault or intention of causing it.
Case: US vs. Taneo 15 Phil 19613
IRRESISTIBLE FORCE
Irresistible force- a force which produces such an effect upon an

individual that, in spite of all resistance, it reduces him to a mere
instrument and as such incapable of committing a crime
UNCONTROLLABLE FEAR
The exempting circumstance of uncontrollable fear presupposes that

the accused is compelled by means of threat or intimidation by a third
person to commit a crime.
LAWFUL OR INSUPERABLE CAUSE
12
Such may include: offender’s attempt to silence the victim, or his hiding of the corpus delicti or disposal
of the evidence, or his utterances and or overt acts before, during and after the commission of the crime.
13
Here the accused was aiming his gun towards a wild chicken. However the bullet ricochets and hit a
bystander. The accused was exempted based on the defense of accident.
16
PP
ABSOLUTORY CAUSES
1. Art 247. Death or physical injuries under exceptional circumstances

2. Art. 280 (3) trespass
3. Art. 332. Persons exempt from criminal liability
4. Art. 20. Accessories exempted
5. Art. 6 on spontaneous desistance
6. Instigation – one which takes place when a peace officer induces a
person to commit a crime. Without the inducement, the crime would
not be committed. It exempts one from criminal liability.
ENTRAPMENT vs. INSTIGATION
ENTRAPMENT INSTIGATION
1. Ways and means are resorted Here, the police practically
to for the purpose of trapping and induces the accused into the
capturing the lawbreaker in the commission of the offense and he
execution of his plans himself becomes a co-principal
2. The intent to violate the law The intent to violate the law did
originated from the accused not originate from the accused as
himself he was induced only by the police
to perform a criminal act
3. Not an absolutory cause hence An absolutory cause that exempts
does not exempt from criminal one from criminal liability
liability
PEOPLE OF THE PHILIPPINES vs. MARIVIC GENOSA 419 SCRA

542
(BATTERED WOMAN SYNDROME)
Battered Wife- a woman who is repeatedly subjected to any forceful

physical or psychological behavior by a man in order to do something
he wants her to do without concern for her rights. It includes wives or
woman in any form of intimate relationship with a man. The couple
must go through the battering cycle at least twice.
Q: What are the cycles of violence in BWS?

A: 1. Tension Building Stage- where minor battering occurs
2. Acute Battering Incident- characterized by brutality,
destructiveness and death.
3. Tranquil or loving phase- The batterer shows loving caring
nurture to the victim.
The Juan Luna Parricide Incident
MITIGATING CIRCUMSTANCES
Mitigating circumstances-those which if present in the commission

of a crime, do not entirely free the actor from criminal liability but
reduces only the penalty.
ENUMERATE THE MITIGATING CIRCUMSTANCES
17
PP
1. Incomplete justifying or exempting circumstance
2. Under 18
3. No intention to commit so grave a wrong (praeter intentionem)
4. Sufficient provocation or threat
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender/ voluntary confession of guilt
8. Deaf, dumb, blind and other physical defects
9. Illnesses which diminish will power
10. Analogous circumstances.

1. Those mentioned in the preceding chapter, Incomplete
when all the requisites necessary to justify or to Justifying or
exempt from criminal liability in the respective Incomplete
cases are not attendant.14 Exempting
Circumstances
2. That the offender is under eighteen year of Minority (Under 18)
age or over seventy years. In the case of the
minor, he shall be proceeded against in
accordance with the provisions of Art. 80.
(Correlate with RA 9344)
3. That the offender had no intention to commit Praeter
so grave a wrong as that committed. Intentionem
4. That sufficient provocation or threat on the Sufficient
part of the offended party immediately preceded Provocation or
the act. Threat
5. That the act was committed in the immediate Vindication
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 Passion or
powerful as naturally to have produced passion Obfuscation
or obfuscation.
7. That the offender had voluntarily surrendered Voluntary
himself to a person in authority or his agents, or Surrender or
that he had voluntarily confessed his guilt before Voluntary
the court prior to the presentation of the Confession of Guilt
evidence for the prosecution.
8. That the offender is deaf and dumb, blind or Physical
otherwise suffering some physical defect which Handicapped or
thus restricts his means of action, defense, or Defects
communications with his fellow beings.
9. Such illness of the offender as would diminish Other Illnesses
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 Analogous
similar nature and analogous to those above Circumstances
14
The penalty would be one or two degrees lower in the period which the court may consider proper than
that prescribed by law, provided majority of the conditions are present (Article 69).
18
PP
mentioned.
ORDINARY MITIGATING CIRCUMSTANCES vs. PRIVILEGED

MITIGATING CIRCUMSTANCES
NO INTENTION TO COMMIT SO GRAVE A WRONG AS THAT

COMMITTED
Q: How to determine the lack of grave intention to commit the

offense?
A: Consider the following:
a. the weapon used
b. nature of the injury
c. part of the body targeted
This mitigating circumstance is invocable only in felonies resulting in

some physical harm like physical injuries, homicide etc.
SUFFICIENT PROVOCATION OR THREAT IMMEDIATELY

PRECEDED THE ACT
Case: People vs. Marquez 53 Phil 26015
IMMEDIATE VINDICATION OF A GRAVE OFFENSE
PROVOCATION vs. IMMEDIATE VINDICATION
PROVOCATION VINDICATION
1. Provocation is made only to the In vindication, the grave offense
person committing the felony may be committed against the
spouse, the ascendants,
descendants, brothers or sisters
or relatives by affinity within the
same degree of the offender.
2. In provocation the provocation In vindication, the offended party
need not be grave must have done a grave offense
to the offender or his relatives
3. In provocation, the provocation 3. In vindication, the vindication
or threat must immediately of the grave offense may be
preceded the act proximate, which admits of
interval of time between the
commission of the grave offense
and the commission of the crime
by the accused.
PASSION OR OBFUSCATION REQUISITES:
1. There is an act unlawful and sufficient to produce passion or

obfuscation;
15
The accused husband saw a shadow of a man jumping down from the window of his house where his
wife was at the time. Upon confronting his wife as to who was that man, the wife immediately begged for
pardon. The husband did an offense against the wife. The husband was convicted but in his favor, the
mitigating circumstance of “immediate provocation” was considered.
19
PP
2. The act which produced such emotion must not be far removed
from the commission of the crime, during which the accused might
recover his normal equanimity
VOLUNTARY SURRENDER
* Voluntary surrender must be made to a person in authority or his

agents
* A surrender is voluntary when it is spontaneous in such a manner
that it shows the interest of the accused to surrender voluntarily to the
authorities either because he acknowledges his guilt or wishes to save
the authorities the expenses incurred in his search.
VOLUNTARY CONFESSION OF GUILT/PLEA OF GUILTY

REQUISITES
1. It must be made in open court

2. It must be made prior to the presentation of evidence of the
prosecution
DEAF, DUMB, BLIND AND OTHER PHYSICAL DEFECTS
ILLNESS AS WOULD DIMINISH THE EXERCISE OF THE WILL

POWER
OTHER ANALOGOUS CASES
AGGRAVATING CIRCUMSTANCES
Aggravating Circumstances- are those which if attendant in the

commission of the offense, would serve to increase the penalty.
ENUMERATION OF AGGRAVATING CRCUMSTANCES:
1. Advantage of public position

2. In contempt or with insult to public authorities
3. Disrespect on the rank, age or sex of the offended party; the crime
is committed in the dwelling of offended party
4. Abuse of confidence or obvious ungratefulness
5. Palace of the Chief Executive, or in his presence, or place where
authorities discharge their duties, or place of religious worship
6. Nightime, uninhabited place, band
7. On occasion of conflagration, shipwreck etc.
8. Aid of armed men
9. Recidivist
10. Reiteration
11. Price, reward or promise
12. Inundation, fire, poison, etc
13. Evident Premiditation
14. Craft, fraud or Disguise
15. Superior strength or means to weaken defense
16 Treachery
17. Ignominy
18. Unlawful entry
20
PP
19. Wall, roof, floor be broken
20. Aid of persons under 15, motor vehicle
21. Cruelty

1. That advantage be taken by the offender of Taking advantage of
his public position.. public position
2. That the crime be committed in contempt or In contempt or insult
with insult to the public authorities. of authorities
3. That the act be committed with insult or in Disregard of rank,
disregard of the respect due the offended party age or sex
on account o f 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 Abuse of confidence
confidence or obvious ungratefulness. or obvious
ungratefulness
5. That the crime be committed in the palace of In presence of
the Chief Executive or in his presence, or where President, or place
public authorities are engaged in the discharge dedicated to religious
of their duties, or in a place dedicated to worship, or place
religious worship. where authorities do
their duties
6. That the crime be committed in the night Nightime,
time, or in an uninhabited place, or by a band, uninhabited place,
whenever such circumstances may facilitate the band
commission of the offense.
7. That the crime be committed on the occasion Calamity or
of a conflagration, shipwreck, earthquake, misfortune
epidemic or other calamity or misfortune.
8. That the crime be committed with the aid of Aid of armed men
armed men or persons who insure or afford
impunity.
9. That the accused is a recidivist. Recidivism
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 Reiteracion or
punished by an offense to which the law habituality
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 Price reward or
consideration of a price, reward, or promise. promise
12. That the crime be committed by means of Inundation, fire,
inundation, fire, poison, explosion, stranding of poison etc.
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 evident Evident
21
PP
premeditation. premeditation
14. That the craft, fraud or disguise be Craft, fraud or
employed. disguise
15. That advantage be taken of superior Advantage of
strength, or means be employed to weaken the superior strength or
defense. means to weaken
the defense
16. That the act be committed with treachery 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 Ignominy
brought about which add ignominy to the
natural effects of the act.
18. That the crime be committed after an Unlawful entry
unlawful entry. There is an unlawful entry when
an entrance of a crime a wall, roof, floor, door,
or window be broken
19.That as a means to the commission of the Broken wall, roof,
crime a wall, roof, floor, door, or window be floor etc.
broken.
20. That the crime be committed with the aid Aid or persons under
of persons under fifteen years of age or by 15 years old or use
means of motor vehicles, motorized watercraft, of motor vehicle
airships, or other similar means.
21. That the wrong done in the commission of Cruelty
the crime be deliberately augmented by
causing other wrong not necessary for its
commissions.
ADVANTAGE OF PUBLIC POSITION
16
Case: Fortuna vs. People 15 December 2000 348 SCRA 270
IN CONTEMP OF OR WITH INSULT TO PUBLIC AUTHORITIES
INSULT OR DISRESPECT OF THE RANK, AGE OR SEX
* This aggravating circumstance is applicable only in crimes against

honor or persons
CRIME COMMITTED IN THE DWELLING OF THE OFFENDED

PARTY
ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS
16
Here, the police officers used their position to execute a sort of “hulidap” against the victims.
22
PP
PALACE OF THE PRESIDENT, OR IN HIS PRESENCE, OR PLACES

WHERE PUBLIC AUTHORITIES ARE ENGAGED IN DUTIES, OR
PLACE OF RELIGIOUS WORSHIP.
NIGHTIME- that period of darkness beginning at end of dusk and

ending at dawn..
* Not aggravating if crime commenced in daytime

* If the locus criminis is lighted no aggravating of nighttime
UNINHABITED PLACE- one where there are no houses or where the

houses are scattered at a great distance from each other
BAND- 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.
Q: When is nightime, uninhabited place and band aggravating?

A: 1. When the offender took advantage thereof for the purpose of
impunity
2. When specially sought for by the offender to insure the
commission of the crime
3. When it facilitated the commission of the crime.
ON THE OCCASION OF CONFLAGRATION, SHIPWECK,

EARTHQUAKE OTHER CALAMITY OR MISFORTUNE
AID OF ARMED MEN/AID OF PERSONS WHO INSURE OR
AFFORD IMPUNITY
RECIDIVIST- 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 Revised Penal Code.
OFFENDER HAS BEEEN PREVIUOSLY PUNISHED FOR:

1. An offense to which the law attaches an equal or greater
penalty or
2. For two or more crimes to which it attaches a lighter
penalty
* This aggravating circumstance is known as REITERATION.17
PRICE REWARD OR PROMISE
INUNDATION, FIRE, POISON, EXPLOSION, STRANDING OF A

VESSEL, DERAILMENT OF LOCOMOTIVE OR USING ANY
ARTIFICE INVOLVING GREAT WASTE AND RUIN
EVIDENT PREMEDITATION- it involves a determination to commit

the crime prior to the moment of its execution and also to carry out
the criminal intent which must be the result of deliberate, calculated
and reflective thoughts through a period of time sufficient to
17
There are four forms of criminal repetition under the Penal Code. They are: a. recidivism, b. reiteration
or habituality c. habitual delinquency and d. quasi recidivism
23
PP
dispassionately consider and accept the consequences thereof, thus
indicating greater perversity
Q: What is the essence of evident premeditation?

A: The essence of evident premeditation is that the execution of the
criminal act must be preceded by cool thought and reflection upon the
resolution to carry out the criminal intent during the space of time
sufficient to arrive at a calm judgment.
Q: What are the requisites of evident premeditation?

A: 1. The time when the offender determined to commit the crime;
2. An act manifestly indicating that the culprit has clung to his
determination;
3. A sufficient lapse of time between the determination and execution,
to allow him to reflect upon the consequences of his act and to allow
his conscience to overcome the resolution of his will.
* The latest ruling is that premeditation is not aggravating when the

victim is different from that intended18
CRAFT- is a circumstance characterized by trickery or cunning

resorted to by the accused, to carry out his design. It is the use of
intellectual trickery and cunning on the part of the accused.
FRAUD- insidious words or machinations used to induce the victim to

act in a manner which would enable the offender to carry out his
design.
DISGUISE- it involves the deliberate effort of the accused to conceal
his identity in the commission of the crime.
USE OF SUPERIOR STRENGHT OR MEANS EMPLOYED TO

WEAKEN THE DEFENSE.
TREACHERY19- 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.
IGNOMINY- is a circumstance pertaining to the moral order, which

adds disgrace and obloquy to the material injury caused by the crime.
It is a circumstance that tends to make the effects of the crime more
humiliating, thus adding to the victim’s moral sufferings.
Case: People v. Bumidang: 04 Dec. 2000 346 SCRA 80720

People vs. Siao- 3 march 2000 327 SCRA 26921
18
People vs. Ventura 5 July 2004 433 SCRA 389. However, if it is shown that the conspirators wee
determined to kill not only the intended victim but also anyone who may help put a violent resistance, then
evident premeditation will be appreciated.
19
In People vs. Jarolon404 SCRA 564, SC said: The killing of a minor who, because of their tender age,
could not be expected to put up a defense, is considered attended with treachery even if the manner of the
attack is not shown. The killing is hence, qualified to murder. Also treachery may also be appreciated in the
crime of robbery with homicide although this complex crime is predominantly a crime against property.
20
The accused used a flashlight and examined the genital of the rape victim before raping her.
21
Here the accused raped the victim doggie style
24
PP
UNLAWFUL ENTRY- there is unlawful entry when an entrance is

affected by a way not intended for the purpose.
WALL, ROOF, FLOOR, DOOR OR WINDOW BE BROKEN
AID OF PERSONS UNDER 15 YEARS OF AGE
USE OF MOTOR VEHICLES,22 AIRSHIPS OR OTHER SIMILAR

MEANS
CRUELTY- a circumstance whereby the offender enjoys and delights in

making his victim suffer slowly and gradually, causing him
unnecessary physical pain in the consummation of his criminal act.
Case: People vs. Guerrero 19 September 2002 389 SCRA 38923
* Under RA 8294 6 July 1997, the use of unlicensed firearm merely

becomes an aggravating circumstance if murder or homicide was
committed with the use thereof. But if the unlicensed firearm is used
in the commission of any crime24, there can be no separate offense of
illegal possession of firearm.
FOUR KINDS OF AGGRAVATING CIRCUMSTANCE25:
1. Generic- generally applies to all crimes.

2. Inherent- that must necessarily accompany the
commission of a crime
3. Qualifying- that which changes the nature of the crime
4. Specific- Those that apply only to a particular crime.
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
22
If the motor vehicle is used only for escaping there is no aggravating circumstance.
23
It was intimated by the Supreme court that there would have been cruelty had the victim’s penis was cut-
off by the offender prior to the victim’s actual killing. In this case the cutting off the penis was considered
as outraging or scoffing at ones corpses under par. 5 Article 248.
24
Such as alarms and scandals or slight physical injuries punishable by arresto menor.
25
Under the new rules on criminal procedure, the qualifying and aggravating circumstances must be alleged
in the information. Otherwise they may not be appreciated. However in cases where they are not alleged,
they may nevertheless, be considered in the award of damages.
25
PP
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.
Alternative Circumstance- 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.
Q: What are the three alternative circumstances?

A: 1. Relationship26
2. Intoxication
3. Degree of instruction and education of the offender.
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.
WHO ARE THE PERSONS WHO MAY BE CRIMINALLY LIABLE (Degree of

participation)
1. Principals
2. Accomplices
3. Accessories
* Active and Passive Subject of the crime
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.
THREE CLASSIFICATIONS OF PRINCIPALS
26
Relationship is aggravating in crimes against persons when the parties are of the same level such as a
brother killing a brother.
26
PP
1. Those who take a direct part in the execution of the act.
2. Those who directly forced or induced 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 Art. 17, cooperate in the execution of the offense by
previous or simultaneous acts.
WHO/WHAT IS AN ACCOMPLICE?
Accomplices- are those persons who not being principals,

cooperate in the execution of an offense 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 1 of the next
preceding article.
WHO ARE THE ACCESSORIES WHO ARE EXEMPT FROM

CRIMINAL LIABILTY?
The spouse, ascendants, descendants, brothers and sisters or

relatives by affinity within the same degree. (Note: Except paragraph
one)
Penalty- is the suffering inflicted by the State for the transgression of

the law.
JURIDICAL CONDITIONS OF PENALTY
27
PP
1. Must be commensurate with the offense- different crimes have
different penalties under the law.
2. Must be personal- A person should be held accountable for his
own actions. No person should be punished for the crime of
another
3. Certain- No person must escape the penalty.
4. Legal- The penalty must be in accordance with the law
JUSTIFICATION FOR THE IMPOSITION OF PENALTY
1. Exemplarity- to serve as an example to others and deter them

from emulating the criminal.
2. Justice- Criminal is punished as an act of retributive justice.
3. Prevention- To suppress or prevent the danger to the State of
the acts of the criminal.
4. Reformation- Under the modern concept of correction the
criminal is punished in order to rehabilitate or reform him.
5. Self Defense- To protect the society against the threats and
actions of the criminals.
LIFE IMPRISONMENT vs. RECLUSION PERPETUA

LIFE IMPRISONMENT RECLUSION PERPETUA
1. does not have specific duration Has duration of 30 years after
which convict becomes pardonable
but the maximum period shall not
exceed 40 years.
2. imposed for violations of special Imposed for violations of felonies
laws punishable under the Revised
Penal Code
3. does not have accessory Has accessory penalties
penalties
Q: What penalty may be imposed by the state? (Prospective character)

A: No felony shall be punishable by any penalty not prescribed by law
prior to its commission (Art.21)
Q: When may penal laws have retroactive effects?

A: Penal laws shall have retroactive effect in so far as they favor the
person guilty of a felony, who is not a habitual criminal (art. 22)
Q: What is the effect of pardon by the offended party?

A: A pardon by the offended party does not extinguish criminal action
except as provided in article 344. But civil liability with regard to the
interest of the injured party is extinguished by his express waiver
(Art.23)
Q: When is fine afflictive, correctional or light in character?

A: 1. It is afflictive if it exceeds P6000.
2. It is correctional if it does not exceed P6000 but is not less than
P200
3. It is light if it is less than P200.
Q: Explain the concept of preventive imprisonment.
28
PP
A: 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 to abide by the same disciplinary rules imposed
upon convicted prisoners. Except:
1. when they are recidivist, or have been convicted previously twice
or more times of any crime;
2. when upon being summoned for the execution of their sentence
they failed to surrender voluntarily.(Article 29)
Note: An accused undergoes preventive imprisonment when the

offense charged is non bailable or even if bailable he cannot furnish
the required bail. Now if an accused does not agree to abide by the
same disciplinary rules imposed upon convicted prisoners, he shall be
credited in the service of his sentence with 4/5 of the time during
which he has undergone preventive imprisonment.
Q: What is civil interdiction?

A: It is an accessory penalty which has the effects of depriving 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.
Q: What is bond to keep the peace?

A: It is an accessory penalty which has the effect of requiring the
person sentenced to it to present two sureties who shall undertake
that such person will not commit the offense sought to be prevented,
and in case such offense be committed they will pay the amount
determined by the court in its judgment, or otherwise to deposit such
amount in the office of the clerk of court to guarantee said
undertaking. If the person sentenced fail to give the bond as required
he shall be detained for a period not exceeding six months if he shall
have been prosecuted for grave or less grave felony, and shall not
exceed thirty days, if for a light felony.
Q: What is the effect of pardon (by the President)?

A: A pardon shall not work the restoration of the right to hold public
office, or the right of suffrage, unless such rights be expressly restored
by the terms of the pardon. It shall also not exempt the culprit from
the payment of the civil liability imposed upon him by the sentence.
Pardon- is an act of grace proceeding from the power entrusted

with the execution of the laws which exempts the individual on whom
it is bestowed from the punishment the law inflicts for the crime he
has committed. A pardon may either be a conditional or absolute.
LIMITATIONS ON THE PARDONING POWER OF THE PRESIDENT
1. Pardon can be exercised only after conviction;

2. This power cannot be extended to cases of impeachment
29
PP
3. No pardon involving violations of elections laws, shall be granted
without the favorable recommendation of the Comelec.
PARDON OF THE PRESIDENT vs. PARDON BY THE PRIVATE

OFFENDED PARTY
PARDON OF THE PRESIDENT PARDON OF THE OFFENDED

PARTY
1. Extinguishes the criminal It does not extinguish the criminal
liability of the offender liability of the offender
2. It does not include the civil The offended party can waive the
liability to pay civil liability of the offender
3. Granted only after conviction Must be made before the
institution of the criminal action in
cases where the law allows pardon
by the offended party. Also it
must be extended to both
offenders.
ENUMERATE THE PROPER ORDER OF PAYMENT OF THE PECUNIARY

LIABILITIES OF THE OFFENDER:
1. Reparation of the damage caused

2. Indemnification of consequential damages
3. The fine
4. Cost of the proceedings (Art.38)
Q: What is subsidiary imprisonment/penalty?

A: It is a personal liability to be suffered by the convict who has no
property to pay the fine at the rate of one day for each eight
pesos. (Art. 39)
RULES TO BE OBSERVED IN SUBSIDIARY IMPRISONMENT
1. When the principal penalty is higher than prision correctional no

subsidiary imprisonment shall be impose.
2. If the principal penalty be prison correctional or arresto and fine,
his subsidiary imprisonment shall not exceed 1/3 of the term of
the sentence, and in no case shall it continue for more than one
year
3. When the principal penalty is only fine, subsidiary imprisonment
shall not exceed six months, if the offender is prosecuted for
grave or less grave felonies, and shall not exceed 15 days if for a
light felony.
4. The subsidiary penalty which he may have suffered shall not
relieve him from the fine in case his financial circumstances
should improve. (Art.39)
Note: Articles 40-44 are merely enumeration of accessory penalties for

each penalty.
Q: What is to be done to the proceeds or instrument of a crime?
30
PP
A: 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. They shall be forfeited in favor of
the Government, unless they be the property of a third person not
liable for the offense, but those articles which are not subject of lawful
commerce shall be destroyed. (Art.45)
Q: What is a complex crime?

A: There is a complex crime 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. (In which case the penalty for the more
serious crime shall be imposed in its maximum period-Art 48). 27
TWO KINDS OF COMPLEX CRIMES:
1. When a single act constitutes two or more grave or less grave

felonies- (compound crime or
delito compuesto)
2. When an offense is a necessary means of committing the other-

(complex crime proper or
delito complejo)
Plurality of crimes- consist in the successive execution by one

individual of different criminal acts upon which no conviction is yet
declared. It could either be formal or ideal plurality of which art. 48
is the best example, that is there is only one criminal liability or real
or material plurality where there are different crimes in the eyes of
the law and in the conscience of the offender. Hence in real or material
plurality the offender is punished for each and every offense that he
committed.
Q: What is a continuing/continued/continuous crime?

A: It is a single crime, consisting of a series of acts all arising from one
criminal resolution. It is a continuous, unlawful act or series of act set
on foot by a single impulse and operated by an unintermittent force,
however long time it may occupy.
---- prelim coverage

COMPUTATION OF PENALTIES BY GRADUATION OF DEGREE28
Consummated Frustrated Attempted

Principals 0 1 2
27
Our rules on complex crime follow the pro reo principle
28
This is a summary of the rules established in articles 50-57 RPC. A degreeis one whole penalty or one
entire penalty as enumerated in the graduated scale in article 71. on the other hand, a periodis one of the
three equal portions which are known as the minimum, medium and maximum.
31
PP
Accomplices 1 2 3
Accessories 2 3 4
Article 71 RPC. Graduated Scale
SCALE NO. 1
1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision Correctional
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
ARTICLE 62 REVISED PENAL CODE
1. Aggravating circumstances which in themselves constitute a

crime especially punishable by law or which are included by law
in defining a crime and prescribing the penalty therefore shall
not be taken into account for the purpose of increasing the
penalty.
a. When in the commission of a crime advantage was taken by

the offender of his publicposition, the maximum penalty
shall be imposed regardless of mitigating circumstances.
b. The maximum penalty shall be impose if the offense was
committed by any person who belongs to an
organized/syndicated group. An organized or syndicated
group means a group of two or more persons collaborating,
confederating, or mutually helping one another for the purpose
of gain in the commission of a crime.
2. 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 serve
only to aggravate or mitigate the liability of the principals,
accomplices and accessories as to whom such circumstances are
attendant.
32
PP
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 only those persons who had
knowledge of them at the time of the execution of the act or their
cooperation therein.
Q: Who/What is a habitual delinquent?
A: A person shall be deemed a 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 of said crimes a
third time or oftener.
PENALTY TO BE IMPOSE UPON A PERSON UNDER 18 YEARS

OF AGE (Art. 68)
1. 9-15 = a discretionary penalty is imposed but always lowered

by 2 degrees than that prescribed by law for the crime he
committed
2. Over 15 but under 18= a penalty next lower than that

prescribed by law but always in the proper period.
Q: What is the rule on successive service of sentence?

A: When the culprit has to serve two or more penalties, he shall serve
them simultaneously if the nature of the penalties will permit so,
otherwise the order of their respective severity shall be followed so
that they maybe executed successively or as nearly as may be
possible, should a pardon have been granted as to the penalty first
imposed or should they have been carried out(Art. 70).
Q: Enumerate the proper order of severity of penalty from the highest

to the lowest.
A: 1. Death
2. Reclusion perpetua
3. Reclusion temporal
4. Prision Mayor
5. Prision Correctional
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, profession
12. Public censure
Q: What is the three fold rule in the service of sentence?

A: According to this rule, 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 upon him.
33
PP
No other penalty to which he may be held liable shall be inflicted after
the sum of those imposed equals the said maximum period.
Such maximum period shall in no case exceed forty years.
Q: What is a complex penalty?

A: It is a penalty prescribed by law composed of three distinct
penalties, each forming a period, the lightest of them shall be the
minimum, the next the medium, and the most severe the maximum
period.( ex. Reclusion Temporal to Death)
Note: Articles 81-85 are provisions that have something to do with the
death penalty. These provisions have no longer any relevance except
for academic purposes by reason of the enactment of RA 9346-An
Act Prohibiting the Imposition of the Death Penalty.29
Q: Give the concept of the penalty of destierro.

A: Any person sentenced to destierro shall not be permitted to enter
the places designated in the sentence, nor within the radius therein
specified, which shall not be more than 250 and not less than 25
kilometers from the place designated. If he does he may be held
liable for Evasion ofservice of sentence under article 157 RPC.
DESTIERRO IS IMPOSED IN THE FOLLOWING:
1. Death or Serious Physical injuries inflicted under

exceptional circumstances
2. When a person fails to give a bond for good behavior (Art.
284)
3. Penalty for concubine in concubinage ( Art. 334)
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 itsdecision, taking into consideration the health of the
offender and other reasons which may seemsatisfactory to it.
There must be a court statement that the accused serve the sentence
in his house. The grounds could be for health reasons, and others
(humanitarian)
MODES OF TOTAL EXTINCTION OF CRIMINAL LIABILITY (Art.

89)
29
Under art 83- the death sentence shall be suspended when the woman is pregnant and within one year
after delivery. Also the death sentence shall not be inflicted upon a person over 70 years of age. Under
article 85 it is prohibited to bury the dead body of a person legally executed with pomp, otherwise the
offenders are liable under article 153 on tumults and disturbances. But again, these provisions no longer
have any application. In retrospect it used to be that the Supreme Court automatically reviews the decision
of lower courts, whenever they imposed the penalty of death, reclusion perpetua or life imprisonment.
However on July 7, 2004 in the case of People vs. Mateo, the Supreme Court said that such review should
be undertaken by the Court of Appeals first in pursuant to the hierarchy of courts doctrine.
34
PP
1. By the death of the convict, as to the personal penalties; as
to pecuniary liabilities, it is extinguished only when the death of
the offender occurs before final judgment.
2. By service of sentence;
3. By amnesty-an act of the sovereign power granting oblivion or
a general pardon for past offense, and is rarely exercised in
favor of a single individual, and is usually exerted in behalf of
certain classes of persons who are subject to trail but not yet
convicted.
4. By absolute pardon
5. Prescription of crime- the forfeiture or the loss of the right of
the state to prosecute the offender after the lapse of a certain
time.
6. Prescription of Penalty- the loss or forfeiture of the right of
the Government to execute the final sentence after the lapse of
a certain time.
7. Marriage of the offended party under Article 344 RPC
AMNESTY vs PARDON
AMNESTY PARDON
Made by the President with the Made by the President alone
concurrence of Congress
Usually extended to political Extended to any type of crime
crimes
May be extended even before May be given only after final
conviction or before trial conviction
Looks backward Looks forward
PRESCRITION OF CRIMES
PENALTY PRESCRIBES IN..

1. death, reclusion perpetua and 20 years
reclusion temporal
2. other afflictive penalties 15 years
(prision mayor and DQ.)
3. punishable by correctional 10 years
penalty (prision correctional,
suspension, destierro)
4. arresto mayor 5 years
5. libel 1 year
6. oral defamation and slander by 6 months
deed
7. other light offenses 2 months
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
35
PP
the accused being convicted or acquitted, or are unjustifiably stopped
for any reason not imputable to him.
The term of prescription shall not run when the offender is absent from
the Philippine Archipelago.
* 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. It shall not
run when the offender is absent from the Philippines (Art.91)
PRESCRIPTION OF PENALTIES30
PENALTY PRESCRIBES IN
Death and reclusion Perpetua 20 years
Other afflictive penalties 15 years
Correctional penalties 10 years
Arresto Mayor 5 years
Light penalties 1 year
* 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 the government has no
extradition treaty, or should commit another crime before the
expiration of the period of prescription (Art.93)
MODES OF PARTIAL EXTINCTION OF CRIMINAL LIABILITY
1. By conditional pardon- a contract between the president and

the convict the former will release the latter upon compliance
with certain conditions.
2. By commutation of sentence- it is the reduction of the period
of imprisonment of the offender or the amount of the fine.
3. For good conduct time allowance- are deductions from the
term of the sentence for good behavior of the convicted prisoner.
4. Parole- consists of the suspension of the sentence of a convict
after serving the minimum term of the indeterminate penalty.
Q: Who gives good conduct time allowance?

A: Director of Prisons.
Years of good behavior Allowance earned

1-2 years 5 days per month
11 up years 15 days per month
30
To be operational, the prisoner must escape. One who has not been committed to prison cannot be said to
have escaped therefrom. See Del Castillo vs. Torrecampo 394 SCRA 221
36
PP
Q: What is the special allowance for loyalty?

A: It is a deduction of 1/5 of the period of sentence to any prisoner
who, having evaded the service of his sentence under the
circumstances in art. 158 RPC, gives himself up to the authority within
48 hours following the issuance of a proclamation announcing the
passing away of the calamity.
Q: What is article 100 of the Revised Penal Code?

A: It says” every person criminally liable for a felony is also civilly
liable.
Art. 102. Subsidiary civil liability31 of innkeepers, tavern keepers

and proprietors of establishments- In default of persons criminally
liable, innkeepers, tavernkeeprs, and any other persons or
corporations shall be civilly liable for crimes committed in their
establishments, in cases where a violation of municipal ordinances or
some general or special police regulations shall have been committed
by them or their employees.
Innkeepers are also subsidiary 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 innkeepers himself, or the
person representing him, of the deposit of such goods within the inn,
and shall furthermore have followed the directions which such
innkeepers 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 innkeepers’ 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.
Art. 104. What is included in civil liability-
1. Restitution
2. Reparation of damage caused
3. Indemnification of consequential damage
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.
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.
31
Proof of due diligence of the employer in the selection and supervision of employees is not a defense on
the part of the employer and will not free him from subsidiary liability.
37
PP
Art. 106. Reparation- The court shall determine the amount of
damage, taking into consideration the price of the thing, and its special
sentimental value to the injured party.
Art. 107. Indemnification- Indemnification of consequential damages

shall include not only those caused the injured party, but also those
suffered by his family or by third person by reason of the crime.
Modes of Extinction of Civil Liability- Civil liability is extinguished
in the same manner as other obligations, in accordance with the
provisions of the Civil Code namely:
1. Payment or performance
2. Loss of the thing due
3. Condonation or remission of the debt
4. Confusion or merger of the rights of creditor and debtor
5. Compensation
6. Novation and others (See Art. 1231 Civil Code).
38
PP
SPECIAL PENAL LAWS RELATED TO BOOK ONE (1) REVISED

PENAL CODE
Republic Act No. 8294 June 6, 1997
AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL

DECREE NO. 1866, AS AMENDED, ENTITLED "CODIFYING THE
LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE,
DEALING IN, ACQUISITION OR DISPOSITION OF FIREARMS,
AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE
MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES,
AND IMPOSING STIFFER PENALTIES FOR CERTAIN
VIOLATIONS THEREOF, AND FOR RELEVANT PURPOSES."
Section 1. Sec. 1 Presidential Decree No. 1866, as amended, is

hereby further amended to read as follows:
Sec. 1. xxxxxxx
"If homicide or murder is committed with the use of an

unlicensed firearm, such use of an unlicensed firearm shall
be considered as an aggravating circumstance.
"If the violation of this Sec. is in furtherance of or incident

to, or in connection with the crime of rebellion or
insurrection, sedition, or attempted coup d'etat, such
violation shall be absorbed as an element of the crime of
rebellion, or insurrection, sedition, or attempted coup
d'etat. (Doctrine of Absorption)
"The penalty of arresto mayor shall be imposed upon any

person who shall carry any licensed firearm outside his
residence without legal authority therefor."
Section 2. Sec. 3 of Presidential Decree No. 1866, as amended, is

hereby further amended to read as follows:
"Sec. 3. Unlawful manufacture, sale, acquisition,

disposition or possession of explosives. – The penalty of
prision mayor in its maximum period to reclusion temporal
and a fine of not less than Fifty thousand pesos (P50,000)
shall be imposed upon any person who shall unlawfully
manufacture, assemble, deal in, acquire, dispose or
possess hand grenade(s), rifle grenade(s), and other
explosives, including but not limited to 'pillbox,' 'molotov
cocktail bombs,' 'fire bombs,' or other incendiary devices
capable of producing destructive effect on contiguous
objects or causing injury or death to any person.
39
PP
"When a person commits any of the crimes defined in the
Revised Penal Code or special laws with the use of the
aforementioned explosives, detonation agents or
incendiary devices, which results in the death of any
person or persons, the use of such explosives, detonation
agents or incendiary devices shall be considered as an
aggravating circumstance.
"If the violation of this Sec. is in furtherance of, or incident

to, or in connection with the crime of rebellion,
insurrection, sedition or attempted coup d'etat, such
violation shall be absorbed as an element of the crimes of
rebellion, insurrection, sedition or attempted coup d'etat.
Section 5. Coverage of the Term Unlicensed Firearm. – The term

unlicensed firearm shall include:
1) firearms with expired license; or
2) unauthorized use of licensed firearm in the commission

of the crime.
RA 9165
COMPREHENSIVE DANGEROUS DRUGS LAW OF 2002
Section 24. Non-Applicability of the Probation Law for Drug

Traffickers and Pushers. – Any person convicted for drug trafficking or
pushing under this Act, regardless of the penalty imposed by the
Court, cannot avail of the privilege granted by the Probation Law or
Presidential Decree No. 968, as amended.
Section 25.Qualifying Aggravating Circumstances in the

Commission of a Crime by an Offender Under the Influence of
Dangerous Drugs. – Notwithstanding the provisions of any law to the
contrary, a positive finding for the use of dangerous drugs shall be a
qualifying aggravating circumstance in the commission of a crime
by an offender, and the application of the penalty provided for in the
Revised Penal Code shall be applicable.
Section 26. Attempt or Conspiracy. – Any attempt or conspiracy to

commit the following unlawful acts shall be penalized by the same
penalty prescribed for the commission of the same as provided under
this Act:
(a) Importation of any dangerous drug and/or controlled

precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery,

distribution and transportation of any dangerous drug
and/or controlled precursor and essential chemical;
40
PP
(c) Maintenance of a den, dive or resort where any
dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled

precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources of

dangerous drugs.
Section 98.Limited Applicability of the Revised Penal Code. –

Notwithstanding any law, rule or regulation to the contrary, the
provisions of the Revised Penal Code (Act No. 3814), as amended,
shall not apply to the provisions of this Act, except in the case of minor
offenders. Where the offender is a minor, the penalty for acts
punishable by life imprisonment to death provided herein shall be
reclusion perpetua to death.
Republic Act No. 9262
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR

CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES
SECTION 1.Short Title.- This Act shall be known as the "Anti-Violence

Against Women and Their Children Act of 2004".
SECTION 3.Definition of Terms.- As used in this Act,
(a) "Violence against women and their children" refers to

any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a
woman with whom the person has or had a sexual or
dating relationship, or with whom he has a common child,
or against her child whether legitimate or illegitimate,
within or without the family abode, which result in or is
likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such
acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not limited to, the
following acts:
A. "Physical Violence" refers to acts that include

bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual

in nature, committed against a woman or her child.
It includes, but is not limited to:
a) rape, sexual harassment, acts of

lasciviousness, treating a woman or her child
as a sex object, making demeaning and
41
PP
sexually suggestive remarks, physically
attacking the sexual parts of the victim's body,
forcing her/him to watch obscene publications
and indecent shows or forcing the woman or
her child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to
live in the conjugal home or sleep together in
the same room with the abuser;
b) acts causing or attempting to cause the

victim to engage in any sexual activity by
force, threat of force, physical or other harm or
threat of physical or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or

omissions causing or likely to cause mental or
emotional suffering of the victim such as but not
limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation,
repeated verbal abuse and mental infidelity. It
includes causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member
of the family to which the victim belongs, or to
witness pornography in any form or to witness
abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation
of common children.
D. "Economic abuse" refers to acts that make or

attempt to make a woman financially dependent
which includes, but is not limited to the following:
1. withdrawal of financial support or preventing

the victim from engaging in any legitimate
profession, occupation, business or activity,
except in cases wherein the other
spouse/partner objects on valid, serious and
moral grounds as defined in Article 73 of the
Family Code;
2. deprivation or threat of deprivation of

financial resources and the right to the use and
enjoyment of the conjugal, community or
property owned in common;
3. destroying household property;
4. controlling the victims' own money or

properties or solely controlling the conjugal
money or properties.
42
PP
(b) "Battery" refers to an act of inflicting physical harm
upon the woman or her child resulting to the physical and
psychological or emotional distress.
(c) "Battered Woman Syndrome" refers to a scientifically

defined pattern of psychological and behavioral symptoms
found in women living in battering relationships as a result
of cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a

person who, knowingly and without lawful justification
follows the woman or her child or places the woman or her
child under surveillance directly or indirectly or a
combination thereof.
(e) "Dating relationship" refers to a situation wherein the

parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a
continuing basis during the course of the relationship. A
casual acquaintance or ordinary socialization between two
individuals in a business or social context is not a dating
relationship.
(f) "Sexual relations" refers to a single sexual act which

may or may not result in the bearing of a common child.
(g) "Safe place or shelter" refers to any home or institution

maintained or managed by the Department of Social
Welfare and Development (DSWD) or by any other agency
or voluntary organization accredited by the DSWD for the
purposes of this Act or any other suitable place the
resident of which is willing temporarily to receive the
victim.
(h) "Children" refers to those below eighteen (18) years of

age or older but are incapable of taking care of themselves
as defined under Republic Act No. 7610. As used in this
Act, it includes the biological children of the victim and
other children under her care.
SECTION 5.Acts of Violence Against Women and Their Children.- The

crime of violence against women and their children is committed
through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical

harm;
(c) Attempting to cause the woman or her child physical

harm;
(d) Placing the woman or her child in fear of imminent

physical harm;
43
PP
(e) Attempting to compel or compelling the woman or her
child to engage in conduct which the woman or her child
has the right to desist from or desist from conduct which
the woman or her child has the right to engage in, or
attempting to restrict or restricting the woman's or her
child's freedom of movement or conduct by force or threat
of force, physical or other harm or threat of physical or
other harm, or intimidation directed against the woman or
child. This shall include, but not limited to, the following
acts committed with the purpose or effect of controlling or
restricting the woman's or her child's movement or
conduct:
(1) Threatening to deprive or actually depriving the

woman or her child of custody to her/his family;
(2) Depriving or threatening to deprive the woman

or her children of financial support legally due her or
her family, or deliberately providing the woman's
children insufficient financial support;
(3) Depriving or threatening to deprive the woman

or her child of a legal right;
(4) Preventing the woman in engaging in any

legitimate profession, occupation, business or
activity or controlling the victim's own mon4ey or
properties, or solely controlling the conjugal or
common money, or properties;
(f) Inflicting or threatening to inflict physical harm on

oneself for the purpose of controlling her actions or
decisions;
(g) Causing or attempting to cause the woman or her child

to engage in any sexual activity which does not constitute
rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or
her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct,

personally or through another, that alarms or causes
substantial emotional or psychological distress to the
woman or her child. This shall include, but not be limited
to, the following acts:
(1) Stalking or following the woman or her child in

public or private places;
(2) Peering in the window or lingering outside the

residence of the woman or her child;
44
PP
(3) Entering or remaining in the dwelling or on the
property of the woman or her child against her/his
will;
(4) Destroying the property and personal belongings

or inflicting harm to animals or pets of the woman or
her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or

humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and
denial of financial support or custody of minor children of
access to the woman's child/children.
SECTION 7.Venue.- The Regional Trial Court designated as a Family

Court shall have original and exclusive jurisdiction over cases of
violence against women and their children under this law. In the
absence of such court in the place where the offense was committed,
the case shall be filed in the Regional Trial Court where the crime or
any of its elements was committed at the option of the compliant.
SECTION 8.Protection Orders.- A protection order is an order issued

under this act for the purpose of preventing further acts of violence
against a woman or her child specified in Section 5 of this Act and
granting other necessary relief. The relief granted under a protection
order serve the purpose of safeguarding the victim from further harm,
minimizing any disruption in the victim's daily life, and facilitating the
opportunity and ability of the victim to independently regain control
over her life. The provisions of the protection order shall be enforced
by law enforcement agencies. The protection orders that may be
issued under this Act are the barangay protection order (BPO),
temporary protection order (TPO) and permanent protection order
(PPO). The protection orders that may be issued under this Act shall
include any, some or all of the following reliefs:
(a) Prohibition of the respondent from threatening to

commit or committing, personally or through another, any
of the acts mentioned in Section 5 of this Act;
(b) Prohibition of the respondent from harassing,

annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the

residence of the petitioner, regardless of ownership of the
residence, either temporarily for the purpose of protecting
the petitioner, or permanently where no property rights
are violated, and if respondent must remove personal
effects from the residence, the court shall direct a law
enforcement agent to accompany the respondent has
gathered his things and escort respondent from the
residence;
45
PP
(d) Directing the respondent to stay away from petitioner
and designated family or household member at a distance
specified by the court, and to stay away from the
residence, school, place of employment, or any specified
place frequented by the petitioner and any designated
family or household member;
(e) Directing lawful possession and use by petitioner of an

automobile and other essential personal effects, regardless
of ownership, and directing the appropriate law
enforcement officer to accompany the petitioner to the
residence of the parties to ensure that the petitioner is
safely restored to the possession of the automobile and
other essential personal effects, or to supervise the
petitioner's or respondent's removal of personal
belongings;
(f) Granting a temporary or permanent custody of a

child/children to the petitioner;
(g) Directing the respondent to provide support to the

woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court shall
order an appropriate percentage of the income or salary of
the respondent to be withheld regularly by the
respondent's employer for the same to be automatically
remitted directly to the woman. Failure to remit and/or
withhold or any delay in the remittance of support to the
woman and/or her child without justifiable cause shall
render the respondent or his employer liable for indirect
contempt of court;
(h) Prohibition of the respondent from any use or

possession of any firearm or deadly weapon and order him
to surrender the same to the court for appropriate
disposition by the court, including revocation of license and
disqualification to apply for any license to use or possess a
firearm. If the offender is a law enforcement agent, the
court shall order the offender to surrender his firearm and
shall direct the appropriate authority to investigate on the
offender and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence

inflicted, including, but not limited to, property damage,
medical expenses, childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to

provide petitioner may need; and
(k) Provision of such other forms of relief as the court

deems necessary to protect and provide for the safety of
the petitioner and any designated family or household
member, provided petitioner and any designated family or
household member consents to such relief.
46
PP
Any of the reliefs provided under this section shall be
granted even in the absence of a decree of legal separation
or annulment or declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application

for BPO shall not preclude a petitioner from applying for,
or the court from granting a TPO or PPO.
SECTION 12.Enforceability of Protection Orders. – All TPOs and PPOs

issued under this Act shall be enforceable anywhere in the Philippines
and a violation thereof shall be punishable with a fine ranging from
Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos
(P50,000.00) and/or imprisonment of six (6) months.
SECTION 14.Barangay Protection Orders (BPOs); Who May Issue and

How. - Barangay Protection Orders (BPOs) refer to the protection order
issued by the Punong Barangay ordering the perpetrator to desist from
committing acts under Section 5 (a) and (b) of this Act. A Punong
Barangay who receives applications for a BPO shall issue the
protection order to the applicant on the date of filing after ex parte
determination of the basis of the application. If the Punong Barangay
is unavailable to act on the application for a BPO, the application shall
be acted upon by any available Barangay Kagawad. If the BPO is
issued by a Barangay Kagawad the order must be accompanied by an
attestation by the Barangay Kagawad that the Punong Barangay was
unavailable at the time for the issuance of the BPO. BPOs shall be
effective for fifteen (15) days. Immediately after the issuance of an ex
parte BPO, the Punong Barangay or Barangay Kagawad shall
personally serve a copy of the same on the respondent, or direct any
barangay official to effect is personal service.
The parties may be accompanied by a non-lawyer advocate in any

proceeding before the Punong Barangay.
SECTION 15.Temporary Protection Orders. – Temporary Protection

Orders (TPOs) refers to the protection order issued by the court on the
date of filing of the application after ex parte determination that such
order should be issued. A court may grant in a TPO any, some or all of
the reliefs mentioned in this Act and shall be effective for thirty (30)
days. The court shall schedule a hearing on the issuance of a PPO prior
to or on the date of the expiration of the TPO. The court shall order the
immediate personal service of the TPO on the respondent by the court
sheriff who may obtain the assistance of law enforcement agents for
the service. The TPO shall include notice of the date of the hearing on
the merits of the issuance of a PPO.
SECTION 16.Permanent Protection Orders. – Permanent Protection

Order (PPO) refers to protection order issued by the court after notice
and hearing.
SECTION 23.Bond to Keep the Peace. – The Court may order any
person against whom a protection order is issued to give a bond to
keep the peace, to present two sufficient sureties who shall undertake
that such person will not commit the violence sought to be prevented.
47
PP
Should the respondent fail to give the bond as required, he shall be
detained for a period which shall in no case exceed six (6) months, if
he shall have been prosecuted for acts punishable under Section 5(a)
to 5(f) and not exceeding thirty (30) days, if for acts punishable under
Section 5(g) to 5(I).
The protection orders referred to in this section are the TPOs and the
PPOs issued only by the courts.
SECTION 25.Public Crime. – Violence against women and their

children shall be considered a public offense which may be prosecuted
upon the filing of a complaint by any citizen having personal
knowledge of the circumstances involving the commission of the
crime.
SECTION 26.Battered Woman Syndrome as a Defense. – Victim-

survivors who are found by the courts to be suffering from battered
woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was

suffering from battered woman syndrome at the time of the
commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists.
SECTION 34.Persons Intervening Exempt from Liability. – In every

case of violence against women and their children as herein defined,
any person, private individual or police authority or barangay official
who, acting in accordance with law, responds or intervenes without
using violence or restraint greater than necessary to ensure the safety
of the victim, shall not be liable for any criminal, civil or administrative
liability resulting therefrom.
48
PP
PRESIDENTIAL DECREE No. 1829
PENALIZING OBSTRUCTION OF APPREHENSION AND

PROSECUTION OF CRIMINAL OFFENDERS
Section 1. The penalty of prision correccional in its maximum period,

or a fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed
upon any person who knowingly or willfully obstructs, impedes,
frustrates or delays the apprehension of suspects and the investigation
and prosecution of criminal cases by committing any of the following
acts:
(a) preventing witnesses from testifying in any criminal

proceeding or from reporting the commission of any
offense or the identity of any offender/s by means of
bribery, misrepresentation, deceit, intimidation, force or
threats;
(b) altering, destroying, suppressing or concealing any

paper, record, document, or object, with intent to impair
its verity, authenticity, legibility, availability, or
admissibility as evidence in any investigation of or official
proceedings in, criminal cases, or to be used in the
investigation of, or official proceedings in, criminal cases;
(c) harboring or concealing, or facilitating the escape of,

any person he knows, or has reasonable ground to believe
or suspect, has committed any offense under existing
penal laws in order to prevent his arrest prosecution and
conviction;
(d) publicly using a fictitious name for the purpose of

concealing a crime, evading prosecution or the execution
of a judgment, or concealing his true name and other
personal circumstances for the same purpose or purposes;
(e) delaying the prosecution of criminal cases by

obstructing the service of process or court orders or
disturbing proceedings in the fiscal's offices, in
Tanodbayan, or in the courts;
(f) making, presenting or using any record, document,

paper or object with knowledge of its falsity and with
intent to affect the course or outcome of the investigation
of, or official proceedings in, criminal cases;
49
PP
(g) soliciting, accepting, or agreeing to accept any benefit
in consideration of abstaining from, discounting, or
impeding the prosecution of a criminal offender;
(h) threatening directly or indirectly another with the

infliction of any wrong upon his person, honor or property
or that of any immediate member or members of his
family in order to prevent such person from appearing in
the investigation of, or official proceedings in, criminal
cases, or imposing a condition, whether lawful or unlawful,
in order to prevent a person from appearing in the
investigation of or in official proceedings in, criminal cases;
(i) giving of false or fabricated information to mislead or

prevent the law enforcement agencies from apprehending
the offender or from protecting the life or property of the
victim; or fabricating information from the data gathered
in confidence by investigating authorities for purposes of
background information and not for publication and
publishing or disseminating the same to mislead the
investigator or to the court.
Republic Act No. 9346 June 24, 2006
AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN

THE PHILIPPINES
SECTION 1. The imposition of the penalty of death is hereby

prohibited. Accordingly, Republic Act No. Eight Thousand One Hundred
Seventy-Seven (R.A. No. 8177), otherwise known as the Act
Designating Death by Lethal Injection is hereby repealed. Republic Act
No. Seven Thousand Six Hundred Fifty-Nine (R.A. No. 7659),
otherwise known as the Death Penalty Law, and all other laws,
executive orders and decrees, insofar as they impose the death
penalty are hereby repealed or amended accordingly.
SEC. 2. In lieu of the death penalty, the following shall be imposed.
(a) the penalty of reclusion perpetua, when the law

violated makes use of the nomenclature of the penalties of
the Revised Penal Code; or
(b) the penalty of life imprisonment, when the law violated

does not make use of the nomenclature of the penalties of
the Revised Penal Code.
SEC. 3. Person convicted of offenses punished with reclusion perpetua,

or whose sentences will be reduced to reclusion perpetua, by reason of
this Act, shall not be eligible for parole under Act No. 4180, otherwise
known as the Indeterminate Sentence Law, as amended.
50
PP
ACT NO. 4103

(As Amended by Act No. 4225 and Republic Act No. 4203 [June
19, 1965])
.
AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND
PAROLE FOR ALL PERSONS CONVICTED OF CERTAIN CRIMES BY
THE COURTS OF THE PHILIPPINE ISLANDS; TO CREATE A
BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE
FUNDS THEREFOR; AND FOR OTHER PURPOSES.
Section 1. Hereafter, in imposing a prison sentence for an offense

punished by: 1. the Revised Penal Code, or its amendments, the court
shall sentence the accused to an indeterminate sentence the maximum
term of which shall be that which, in view of the attending
circumstances, could be properly imposed under the rules of the said
Code, and the minimum which shall be within the range of the penalty
next lower to that prescribed by the Code for the offense; and if the
offense is punished by: 2. any other law, the court shall sentence the
accused to an indeterminate sentence, the maximum term of which
shall not exceed the maximum fixed by said law and the minimum
shall not be less than the minimum term prescribed by the same.
Sec. 2. This Act shall not apply to:

1. persons convicted of offenses punished with death penalty or
life-imprisonment;
2. to those convicted of treason, conspiracy or proposal to commit
treason;
3. to those convicted of misprision of treason, rebellion, sedition or
espionage; to those convicted of piracy;
4. to those who are habitual delinquents; to those who have
escaped from confinement or evaded sentence;
5. to those who having been granted conditional pardon by the
Chief Executive shall have violated the terms thereof;
6. to those whose maximum term of imprisonment does not exceed
one year,
7. not to those already sentenced by final judgment at the time of
approval of this Act, except as provided in Section 5 hereof.
PRESIDENTIAL DECREE No. 968 July 24, 1976
ESTABLISHING A PROBATION SYSTEM, APPROPRIATING

FUNDS THEREFOR AND FOR OTHER PURPOSES
Section 1.Title and Scope of the Decree. This Decree shall be known
as the Probation Law of 1976.
Section 2.Purpose. This Decree shall be interpreted so as to:
51
PP
(a) promote the correction and rehabilitation of an
offender by providing him with individualized treatment;
(b) provide an opportunity for the reformation of a

penitent offender which might be less probable if he were
to serve a prison sentence; and
(c) prevent the commission of offenses.
Section 3.Meaning of Terms. As used in this Decree, the following

shall, unless the context otherwise requires, be construed thus:
(a) "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.
(b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates for the

court a referral for probation or supervises a probationer or
both.
Section 4.Grant of Probation. Subject to the provisions of this Decree,

the court may, after it shall have convicted and sentenced a defendant
and upon application at any time of said defendant, suspend the
execution of said sentence and place the defendant on probation for
such period and upon such terms and conditions as it may deem best.
Probation may be granted whether the sentence imposes a term of

imprisonment or a fine only. An application for probation shall be filed
with the trial court, with notice to the appellate court if an appeal has
been taken from the sentence of conviction. The filing of the
application shall be deemed a waver of the right to appeal, or the
automatic withdrawal of a pending appeal.
An order granting or denying probation shall not be appealable.
Section 5.Post-sentence Investigation. No person shall be placed on

probation except upon prior investigation by the probation officer and
a determination by the court that the ends of justice and the best
interest of the public as well as that of the defendant will be served
thereby.
Section 7.Period for Submission of Investigation Report. The

probation officer shall submit to the court the investigation report on a
defendant not later than sixty days from receipt of the order of said
court to conduct the investigation. The court shall resolve the petition
for probation not later than five days after receipt of said report.
Pending submission of the investigation report and the resolution of

the petition, the defendant may be allowed on temporary liberty under
his bail filed in the criminal case; Provided, That, in case where no bail
was filed or that the defendant is incapable of filing one, the court may
52
PP
allow the release of the defendant on recognize the custody of a
responsible member of the community who shall guarantee his
appearance whenever required by the court.
Section 8.Criteria for Placing an Offender on Probation. In

determining whether an offender may be placed on probation, the
court shall consider all information relative, to the character,
antecedents, environment, mental and physical condition of the
offender, and available institutional and community resources.
Probation shall be denied if the court finds that:
(a) the offender is in need of correctional treatment that

can be provided most effectively by his commitment to an
institution; or
(b) there is undue risk that during the period of probation

the offender will commit another crime; or
(c) probation will depreciate the seriousness of the offense

committed.
Section 9.Disqualified Offenders. The benefits of this Decree shall not

be extended to those:
(a) sentenced to serve a maximum term of imprisonment

of more than six years;
(b) convicted of any offense against the security of the

State;
(c) 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;
(d) who have been once on probation under the provisions

of this Decree; and
(e) who are already serving sentence at the time the

substantive provisions of this Decree became applicable
pursuant to Section 33 hereof.
Section 10.Conditions of Probation. Every probation order issued by

the court shall contain conditions requiring that the probationer shall:
(a) present himself to the probation officer designated to

undertake his supervision at such place as may be
specified in the order within seventy-two hours from
receipt of said order;
(b) report to the probation officer at least once a month at

such time and place as specified by said officer.
The court may also require the probationer to:
53
PP
(a) cooperate with a program of supervision;
(b) meet his family responsibilities;
(c) devote himself to a specific employment and not to

change said employment without the prior written approval
of the probation officer;
(d) undergo medical, psychological or psychiatric

examination and treatment and enter and remain in a
specified institution, when required for that purpose;
(e) pursue a prescribed secular study or vocational

training;
(f) attend or reside in a facility established for instruction,

recreation or residence of persons on probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit to probation officer or an authorized social

worker to visit his home and place or work;
(j) reside at premises approved by it and not to change his

residence without its prior written approval; or
(k) satisfy any other condition related to the rehabilitation

of the defendant and not unduly restrictive of his liberty or
incompatible with his freedom of conscience.
Section 11.Effectivity of Probation Order. A probation order shall take

effect upon its issuance, at which time the court shall inform the
offender of the consequences thereof and explain that upon his failure
to comply with any of the conditions prescribed in the said order or his
commission of another offense, he shall serve the penalty imposed for
the offense under which he was placed on probation.
Section 12.Modification of Condition of Probation. During the period of

probation, the court may, upon application of either the probationer or
the probation officer, revise or modify the conditions or period of
probation. The court shall notify either the probationer or the
probation officer of the filing such an application so as to give both
parties an opportunity to be heard thereon.
The court shall inform in writing the probation officer and the
probationer of any change in the period or conditions of probation.
Section 13.Control and Supervision of Probationer. The probationer

and his probation program shall be under the control of the court who
placed him on probation subject to actual supervision and visitation by
a probation officer.
54
PP
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.
Thereafter, the Executive Judge to whom jurisdiction over the
probationer is transferred shall have the power with respect to him
that was previously possessed by the court which granted the
probation.
Section 14.Period of Probation.
(a) The period of probation of a defendant sentenced to a

term of imprisonment of not more than one year shall not
exceed two years, and in all other cases, said period shall
not exceed six years.
(b) When the sentence imposes a fine only and the

offender is made to serve subsidiary imprisonment in case
of insolvency, the period of probation shall not be less than
nor to be more than twice the total number of days of
subsidiary imprisonment as computed at the rate
established, in Article thirty-nine of the Revised Penal
Code, as amended.
Section 15.Arrest of Probationer; Subsequent Disposition. At any time

during probation, the court may issue a warrant for the arrest of a
probationer for violation of any of the conditions of probation. The
probationer, once arrested and detained, shall immediately be brought
before the court for a hearing, which may be informal and summary,
of the violation charged. The defendant may be admitted to bail
pending such hearing. In such a case, the provisions regarding release
on bail of persons charged with a crime shall be applicable to
probationers arrested under this provision. If the violation is
established, the court may revoke or continue his probation and
modify the conditions thereof. If revoked, the court shall order the
probationer to serve the sentence originally imposed. An order
revoking the grant of probation or modifying the terms and conditions
thereof shall not be appealable.
Section 16.Termination of Probation. After the period of probation

and upon consideration of the report and recommendation of the
probation officer, the court may order the final discharge of the
probationer upon finding that he has fulfilled the terms and conditions
of his probation and thereupon the case is deemed terminated.
The final discharge of the probationer shall operate to restore to him

all civil rights lost or suspend as a result of his conviction and to fully
discharge his liability for any fine imposed as to the offense for which
probation was granted.
The probationer and the probation officer shall each be furnished with
a copy of such order.
55
PP
Section 17.Confidentiality of Records. The investigation report and
the supervision history of a probationer obtained under this Decree
shall be privileged and shall not be disclosed directly or indirectly to
anyone other than the Probation Administration or the court
concerned, except that the court, in its discretion, may permit the
probationer of his attorney to inspect the aforementioned documents
or parts thereof whenever the best interest of the probationer make
such disclosure desirable or helpful: Provided, Further, That, any
government office or agency engaged in the correction or
rehabilitation of offenders may, if necessary, obtain copies of said
documents for its official use from the proper court or the
Administration.
56
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NOTES IN CRIMINAL LAW BOOK 1

Prof. Michael Vher F. Ilomin, JD MPT 2022

Crime is an act Felony is an act Offense- those Infraction-

SOURCES OF CRIMINAL LAW

1. Act 3815 known as the Revised Penal Code

Common Law Crimes- the body of principles, usages and rules of

Q: Who has the power to define and punish crimes?

NULLUM CRIMEN NULLA POENA SINE LEGE- there is no crime if

CHARACTERISTICS OF CRIMINAL LAW:

1. General- criminal law is binding on all persons who live or

EXCEPTIONS TO THE TERRITORIAL CHARACTERISTICS

1. When the offender shall commit an offense on a Philippine ship or

ACT 3815 THE REVISED PENAL CODE

HISTORY OF THE RPC.

 Administrative Order 94 of the DOJ dated October 18, 1927

 Anacleto Diaz, Quintin Paredes, Guilermo Guevarra, Alex Reyes

 RPC approved December 8, 1930

 RPC took effect January 1, 1932

THEORIES IN CRIMINAL LAW:

1. Classical (Juristic) Theory- the basis of criminal liability is

RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANY

1. English Rule- the crime is punishable in the Philippines, unless

Limitations on Congress to Enact Penal Laws

1. No Ex Post Facto Law shall be enacted.- Ex Post Facto Law is

2. No Bill of Attainder shall be passed.– A bill of attainder is a law

3. No person shall be deprived of life, liberty or property

4. Excessive fines shall not be imposed nor cruel or unusual

Article 1. Time when Act Takes effect- January 1, 1932

Art. 2. Application of its provisions. — Except as provided in the

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the

3. Should be liable for acts connected with the introduction into

4. While being public officers or employees, should commit an

5. Should commit any of the crimes against national security and

Art. 3. Definitions. — Acts and omissions punishable by law are

ELEMENTS OF FELONIES IN GENERAL:

Act- is any bodily movement tending to produce some effects in the

Omission- inaction, the failure to perform an act one is bound to do.

EXTERNAL ACT vs. INTERNAL ACT

IMPRUDENCE VS. NEGLIGENCE

1. Imprudence usually involves lack of skill. Negligence usually

REQUISITES OF DOLO OR MALICE

REQUISITES OF FAULT OR CULPA

Ignorantia legis non excusat-

Ignorantia facti excusat-

Mistake of fact- is a misapprehension of fact on the part of the

REQUISITES OF MISTAKE OF FACT:

Case: U.S. vs. Ah Chong 15 Phil 488

CRIMES MALA IN SE vs. CRIMES MALA PROHIBITA:

MALA IN SE MALA PROHIBITA

Art. 4. Criminal liability. — Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the

2. By any person performing an act which would be an offense

Rationale of Par. 1- el que es causa de la causa es causa del mal

Article 4 (1) may refer to either:

a. Error in personae- mistake in identity of victim

REQUISITES OF ART. 4 (1)

1. An intentional Felony has been committed.