Professor Radito Limbo Perez

Doctor of Jurisprudence
Master of Science in Criminal Justice
 General Considerations
Criminal Law defined;
Criminal law is that branch of municipal law
which defines crimes, treats of their nature and
provides for their punishment.

Definition of Crime;
Crime is the commission or omission by a
person having capacity, of any act which is either
prohibited or compelled by law and the
commission or omission of which is punishable by
a proceeding brought in the name of the
government whose law has been violated.
 General Considerations
If the crime is punished by the RPC it is called a
FELONY

If the crime is punishable by a Special Law

OFFENSE

If by an Ordinance it is called an
INFRACTION

The power to define and punish an act as a crime

LEGISLATIVE DEPARTMENT/LEGISLATURE
 General Considerations
Limitations upon the power of the legislature to
enact penal laws
1. It cannot enact an ex post facto law or bill of
attainder.
2. Penal law must be of general applications
3. It cannot provide for a cruel or unusual
punishment not can it impose excessive fines.

Are there common law crimes in our jurisdiction?

Ans: There is none
 General Considerations
Are there common law crimes in our jurisdiction?
Ans: There is none

If there is no law punishing an act or omission

of which a person is charge, the court must
dismiss the case (Art. 5). In fact, customs are not
sources of criminal law. The rule is, there is no
crime if there is no law punishing it. “Nullum
crimen, nulla poena sine lege”
 Characteristics of Criminal Law
1. GENERALITY- The law is binding upon all
persons who reside or sojourn in the
Philippines, irrespective of age, sex, color,
creed, or personal circumstances

2. TERRITORIALITY- The law is applicable to all

crimes committed within the limits of
Philippine territory, which includes its
atmosphere, interior waters, and maritime
zone.
 Characteristics of Criminal Law
3. IRRETROSPECTIVITY OR PROSPECTIVITY-
The law does not have any retroactive effect.

What are the exceptions:

1. If the enacted law is favorable to the offender;
2. If favorable to the offender, the offender
should not be habitual delinquent; and
3. When the law otherwise provides.
 Characteristics of Generality
The rule of the general application of penal law
does not apply in those cases so provided by;
1. PUBLIC INTERNATIONAL LAW,
2. TREATY STIPULATIONS, and
3. LAW OF PREFERENTIAL APPLICATION

Under the principles of public international law,

sovereigns or heads of states, ambassadors,
ministers plenipotentiary and ministers-resident,
charges d’affairs and attaches are exempt from
criminal prosecution.
 Characteristics of Territoriality
The provisions of the RPC may also apply outside
of the Philippine jurisdiction against those who
1. should commit an offense while on the
Philippine ship or airship.
2. should forge or counterfeit any coin or
currency note or any obligation or security of the
Philippine government
3. should be liable for acts connected with the
introduction into the country of the obligations
and securities afore stated.
 Characteristics of Territoriality
4. while being public officers or employees,
should commit an offense in the exercise of their
functions; and
5. should commit any of the crimes against
national security and the law of nations defined in
Title 1, Book 2 of the RPC
Rules in the Construction of Penal Laws
Penal law is liberally construed in favor of the
offender, means that no person should be
brought within its terms if it is not clearly made so
by the statute.
 Theories of Criminal Law and their
Characteristics
CLASSICAL THEORY:
Man is essentially a moral creature with an
absolutely free will to choose between good
and evil and therefore more stress is placed upon
the result of his felonious acts rather than the
criminal himself. The purpose of the penalty is
retribution.
POSITIVIST THEORY
1. Man is subdued occasionally by a strange and
morbid phenomenon which conditions him to do
wrong in spite of or contrary to his volition.
 Theories of Criminal Law and their
Characteristics
POSITIVIST THEORY
2. Crime is essentially a social and moral
phenomenon and it cannot be treated and
checked by the imposition of punishment fixed
and determined but thru enforcement of
measures after prior investigation conducted by
competent authority. Penalty is imposed for self
defense.
3. Basis of criminal responsibility of the criminal is
his dreadfulness or dangerous state.
 Theories of Criminal Law and their
Characteristics

What Theory to which RPC belongs?

Ans:
Mainly on Classical Theory, although there are
some articles that pertain to positivist school, like
Art. 4 in Impossible Crimes and Art. 13 para 7
(Mitigating Circumstances) of voluntary surrender
and plea of guilty.
 SOURCES OF CRIMINAL LAW

1. Act No. 3815 as amended, approved, on

December 8, 1930 and which took effect on
January 1, 1932 (Art. 1)
2. Acts of the Philippine Legislature, National
Assembly and the Congress of the Philippines
and other laws like Presidential Decrees
punishing offenses
PARTS OF REVISED PENAL CODE
1. Principles affecting criminal liability (Arts.
1-20)
2. Principles including criminal and civil liability
(Arts. 21-113)
3. Specific felonies and their penalties (Arts.
114-316)
 Felonies and Circumstances Affecting
Criminal Liability
Definition and elements of Felonies (Art. 3)
The code defines a felony as any act or omission
punishable by law. The elements are:
1. Act or omission
2. Punishable by law and
3. Felonies are committed either by dolo or with
deliberate intent (intentional) or by culpa or
negligence or imprudence (culpable felonies)
In culpable felonies, intent is replaced by fault.
Acts executed negligently are voluntary.
Distinctions between Dolo and Culpa
Both are voluntary, however, dolo is
intentional, whereas, culpa is not.
Dolo involves malice or deliberate intent,
while culpa is a result of negligent acts,
imprudence, lack of foresight or lack of skill
Imprudence is deficiency of action while
negligence is deficiency of perception
Negligent acts must be voluntary
 Elements of Dolo and Culpa
Elements of Dolo
1. Freedom
2. Intelligence
3. Intent

Elements of Culpa
1. Freedom
2. Intelligence
3. Negligence or imprudence
 Intent distinguished from Motive
1. Motive is the reason which impels one to
commit an act for a definite result while
intent is the purpose to use a particular
means to effect such a result.
2. Intent is an element of crime whereas,
motive is not.

May a crime be committed without criminal

intent?
 Reading Assignment
1.May a crime be committed without criminal
intent?

2. What is Mistake of Facts?

Read a) U.S. vs. Ah Chong 15 Phil. 488
b) People vs. Oanis 74 Phil. 257

3. What is mala en se and mala prohibita?

 Reading Assignment
1.May a crime be committed without criminal
intent?
Yes, in two cases
a. felonies committed by culpa
b. offenses punishable as mala prohibita
(Special Laws)
2. What is Mistake of Facts?
It is an act or omission which is the result of a
misapprehension of facts that is voluntary but
not intentional. The actor performed an act which
would be lawful had it been true as he believed it
to be.
2. What is Mistake of Facts?
To be exempting, mistake of facts must be
committed in good faith or under an honest
belief. If there is negligence, the said mistake of
fact is not exempting and the actor is liable for
committing a felony by means of culpa.
Likewise, mistake of facts does not apply to
mistake of identity because in the latter there is
intent
 Mala En Se and Mala Prohibita
3. An act mala en se is a wrong per se, that is,
the act is wrong from its very nature, hence in its
commission, intent is an element and good faith
is a defense.
On the other hand, an act mala prohibita is a
wrong because it is prohibited by law. Without
the law punishing the act, it cannot be
considered a wrong.
But it is essential, that there must be an intent
to perpetrate the act, which means it must be
committed consciously, freely and voluntarily.
 How Criminal Liability is Incurred
Article 4 RPC

1. By committing a felony even if the

wrong produced as a consequence
thereof is not intended by the
offender.
2. In case of impossible crime
 Rules under Art. 4
Known is the Latin Maxim that “HE WHO IS THE
CAUSE OF THE CAUSE IS THE CAUSE OF THE
EVIL CAUSED”
Meaning “One is liable for all the direct logical
and natural consequences of his unlawful act,
even if the ultimate result had not been intended.
Elements of Art. 4 para 1
a. Felony is committed
b. The wrong done must be the direct, logical and
natural consequence of the felony committed
even though different from that intended
 Rules under Art. 4

The act committed must be a felony. The rule,

however does not apply to felonies committed by
culpa because in this article there must be a
criminal intent. It follows that if the act
committed is lawful, even an injury results, there
is no criminal liability, except if the act is
committed with negligence.

-
 Impossible Crime
Elements of Impossible Crime
a. Performed an act which would be a crime
against persons or property;
b. There is evil intent
c. The crime is not accomplished because of
inherent impossibility or because the means
employed is inadequate or ineffectual.
Reason for punishing Impossible Crime:
Subjectively the offender is a criminal but
objectively no crime is committed.
Art. 5. – Duty of the Court in
connection to criminal acts committed
The court is to render proper decision which is the
dismissal of the case if the act charged is not
punishable by law. The court should likewise
make a recommendation to the Chief Executive
thru the Secretary of Justice, its reason why the
act should be made the subject of penal
legislation.
 Stages in the commission of a Felony
(Art. 6)
1. Consummated- All elements necessary for its
execution are present
present.
2. Frustrated- The offender has performed all the
acts of execution to produce the felony as a
consequence but the crime does not result due to
some cause independent of the will of the offender.
3. Attempted- The offender begins the execution of
the felony by direct overt acts but does not perform
all the acts of execution which should produce a
felony as a consequence by reason of some cause or
accident other than his own spontaneous desist
desistance
Distinction between Formal and Material
Crimes
Formal crimes are those which are always
consummated by a single act like slander.

Material crimes are those which have three stages of

execution, namely, attempted, frustrated and
consummated.

-
 Subjective and Objective Phase of
Crime
Development of crime;
Crime consists of internal and external acts
Internal acts are not punished
External acts refer to preparatory acts and
acts of execution
Preparatory acts as a rule are not punished
UNLESS these acts are punished in themselves as
independent crime.
e.g. Conspiracy and proposal to commit a crime
 When Light Felonies are Punishable
Article 7

Only when consummated except in crimes

against persons or property. However, only the
principals and accomplices are liable in light
felonies. The accessories are not.
Examples:
Against person- slight physical injuries
Against property- theft of property having a
value not exceeding P5.00 and the offender is
actuated by hunger or poverty.
Conspiracy and Proposal to Commit
a Crime (Art. 8)
The rule is that these cases are not punishable
except as provided by law.
❑ What are the conspiracies punished in the
Code
Conspiracy to commit Treason (Art. 115)
Conspiracy to commit Rebellion (Art. 136)
Conspiracy to commit Sedition (Art. 141)
Conspiracy and Proposal to Commit
a Crime (Art. 8)
Cons piracies punished in a Special Law
a. Conspiracy to violate the provisions of
Sections one, two and three of Com. Act No.
616 An Act to punish Espionage and other
offenses against National Security
b. Conspiracy to commit offenses under RA
6425 as amended by RA 9165
(Comprehensive Dangerous Drugs Act.)
 When conspiracy exist?
Conspiracy exists when two or more persons
come to an agreement to commit a crime and
decide to commit it.

Proposals punished under the code;

There are only two (2) proposals to commit a
crime that are punished by law
Proposal to commit treason (Art. 115)
Proposal to commit rebellion (Art. 136)
 When conspiracy exist?
Proposal to commit a crime has two elements;
a. The person has decided to commit a crime
and
b. He proposes its commission to some other
person.

If the proposal is accepted a conspiracy exists.

● Classification of Felony according to the Gravity

- Art. 9 – Grave Felonies, Less Grave, and Light

Felonies
Grave Felonies – those in which the law attaches
a capital punishment or a penalty which is afflictive
in any of its periods.
Less Grave Felonies – those in which the
penalties in their maximum period are correctional.
Light Felonies - those infractions of law which
the penalty is arresto menor or a fine not exceeding
P200.00 or both
● Are there offenses Not Subject to the provisions
of the Revised Penal Code?
Answer: Yes, those offenses punished by Special
Laws.

What is the function of the RPC on those offenses

punishable by Special Law?
Answer: The provisions of RPC shall merely be
supplementary to such law except when the Special
Law provides the contrary. (E.g. Revised Motor
Vehicle Law does not provide civil indemnity and
subsidiary imprisonment)
 Circumstances Affecting Criminal
Liability

1. Justifying Circumstances (Art. 11)

2. Exempting Circumstances (Art. 12)

3. Mitigating Circumstances (Art. 13)

4. Aggravating Circumstances (Art. 14)

 Circumstances Affecting Criminal
Liability
1. Justifying Circumstances – those wherein
the acts of the actor are in accordance with
law and, hence, the actor incurs no criminal
liability and civil liability.

The justifying circumstances by subject are as

follows a). Self defense, b). Defense of a
relative, c) Defense of a stranger, d). State of
necessity, e). Fulfillment of a duty and f.)
Obedience to superior order.
 Circumstances Affecting Criminal
Liability
1. Self defense. Its elements are as follows;

a). Unlawful aggression

b). Reasonable necessity of the means
employed to prevent or repel the attack
c). Lack of sufficient provocation on the part of
the person defending himself
Unlawful aggression is of two kinds a) Actual
and b) Imminent
 Circumstances Affecting Criminal
Liability
Actual Unlawful Aggression – means an attack
with physical force or with a weapon. Unlawful
aggression ceases to exists the moment the
supposed aggressor starts to flee.

Imminent Unlawful Aggression – means an

attack that is impending or at the point of
happening. The intimidating attitude must be
offensive and positively strong
 Circumstances Affecting Criminal
Liability
Reasonable Necessity of the Means Employed
– This depend upon the kind of weapon of the
aggressor, his physical condition, his
character, size and circumstances as well as
those of the person attacked and the time and
place of the attack.
Reasonable necessity is met when the
weapon used is of the same or similar nature
 Circumstances Affecting Criminal
Liability
Determination of the Reasonableness of the
Means
a. Whether the means employed was the only
one which the offender could avail of under
the circumstances.
b. That the person attacked does not use his
rational mind but acts according to his
instinct of self preservation.
 Circumstances Affecting Criminal
Liability
Lack of Sufficient Provocation on the part of
the person defending himself:
a. The provocation even if sufficient but not
immediately preceding the act is within the
scope of the third element.

b. For this element to be absent, the

provocation must be sufficient and
immediately preceded the act.
 What is the Reason for Self Defense?
Under the Classical School:
The State cannot always come to aid of its
citizens who were unlawfully attacked, he has
to defend himself by following his instinct of
self preservation
Under the Positivist School.
It is an exercise of a right and anything
done to repel an unlawful attack is an act of
social justice.
 Self-Defense of Chastity
- To be entitled to a complete self defense of
chastity, there must be an attempt to rape. It
is not necessary that actual act of rape be
committed.
- The plea of self defense of honor like that of
self-defense lies if the injuries inflicted were
preceded by an illegal aggression or assault
of immediate or imminent kind which was
unprovoked and was repelled in a
reasonable manner.
 Self-defense of Property

- It is necessary that there be an attack on the

property coupled with an attack on the
person of the one entrusted with said
property.
 Defense of Relatives (para 2 Art. 11)

Elements;
a. Unlawful aggression
b. Reasonable necessity of the means
employed to prevent or repel the attack.
c. In case the provocation given by the person
attacked, the person making the defense
had no part in the provocation.
 Relatives Entitled to this Defense

a. Spouses (Husband and Wife)

b. Ascendants and descendants
c. Legitimate, natural or adopted brothers or
sisters, relatives by affinity in the same
degree
d. Relatives by consanguinity within the fourth
civil degree

Note: Defense of a relative cannot be claimed

if the offender is the aggressor.
 Defense of Strangers (para 3 Art. 11)
A relative not included in defense of relatives is
entitled to defense of strangers.
Elements;
a. Unlawful aggression
b. Reasonable necessity of the means
employed to prevent or repel the attack.
c. The person defending be not induced by
revenge, resentment, or other evil motives.
 State of Necessity (para 4 Art. 11)
The state of necessity must not be due to the
negligence of or violation of any law by the actor.
Elements;
a. The evil sought to be avoided ACTUALLY
exists;
b. The injury feared be greater than that done to
avoid it;
c. There is no other practical and less harmful
means of preventing it.

Damage is caused to person or property by a

person to avoid an evil or injury.
 Fulfilment of Duty or Exercise of Right
or Office (para 5 Art. 11)
Elements;
a. The offender acted in the performance of a
duty or the lawful exercise of a right or office;
b. The injury caused or the offense committed is
the necessary consequence of the due
performance of such right or office.
 Obedience to Superior Order (para 6
Art. 11)

Elements;
a. An order has been issued by a superior;
b. The order is for a legal purpose; and
c. The means used to carry out said order is
lawful.
 Exempting Circumstances Art. 12
1. Beside the seven (7) exempting
circumstances enumerated under Art. 12,
what are other circumstances/causes
which produce exemption from criminal
liability?
2. Is there a civil liability in an exempting
circumstances?
3. What circumstances under exempting
circumstances without civil liability?
 Exempting Circumstances Art. 12
A. Imbecility and Insanity
B. Minority
C. Accident
D. Compulsion of Irresistible Force
E. Impulse of Uncontrollable Fear
F. Insuperable or Lawful Cause
G. Instigation and Entrapment
H. Absolutory Causes
 Reading Assignments

● Circumstances Affecting Criminal Liability

● Art. 12 – Circumstances which exempt from

criminal liability
● Art. 13 – Mitigating Circumstances
● Art. 14 – Aggravating Circumstances
 Exempting Circumstances Art. 12

Accident: Elements
1. Performance of a lawful act
2. With due care
3. Causes injury to another by mere accident
4. Without any fault or intention of causing it.
 Exempting Circumstances Art. 12
Compulsion of Irresistible Force

The irresistible force must be physical and

must come from a third person.

The accused acted not only without will but

against his will.
 Exempting Circumstances Art. 12
Impulse of Uncontrollable Fear

The fear must be insuperable and the one

acting under insuperable fear is completely
deprived of freedom.

The threat producing the insuperable fear

must be grave, actual, serious and of such
kind that majority of men would have
succumbed to such moral compulsion.
 Exempting Circumstances Art. 12
Distinction between Uncontrollable Fear and
Irresistible Force.
1. Irresistible force is a physical force coming
from a third person or stranger while
uncontrollable fear is an impulse coming
from within the person of the actor himself.
2. In irresistible force, the actor acts without a
will, while in uncontrollable fear, the actor
acts not against his will but because he is
engendered by the fear.
 Exempting Circumstances Art. 12
Insuperable or Lawful Cause.
1. The law imposes a duty on the part of the
offender to perform an act. If he fails to do
so, he violates the law. But if the failure is
due to a lawful or insuperable cause, he is
criminally exempt.
2. Under this exempting circumstance, there
is no civil liability.

.
 Exempting Circumstances Art. 12
Instigation and Entrapment.
1. Instigation takes place when a peace
officer induces a person to commit a crime.
Without the inducement, the crime would
not be committed. It is exempting by
reason of public policy.
2. The person instigating must not be a
private person.

.
 Exempting Circumstances Art. 12
Instigation and Entrapment.
1. Entrapment signifies the ways and means
devised by a peace officer to entrap or
apprehend a person who has committed a
crime.
2. With or without the entrapment, the crime
has been committed already.

.
 Exempting Circumstances Art. 12
Absolutory Causes
1. The act committed constitutes a crime but
the law does not punish the actor for
reasons of public policy.
2. In addition to the justifying and exempting
circumstances, some of the other causes
for non-liability
A. Art 6 para 3 D. Art. 247
B. Art 7 E. Art. 332
C. Art 16
 Mitigating Circumstances Art. 13
Kinds of Mitigating Circumstances
1. Ordinary
2. Privileged

.
 Mitigating Circumstances Art. 13
Kinds of Mitigating Circumstances
1. Privileged (Self Defense, Defense of a
Relative and Defense of A Stranger)
2. If the minor over 9 years of age but under
15 years acted with discernment in the
commission of an offense, it is a privileged
mitigating.

Note: The offender under 18 years of age is

entitled to a privileged mitigating
circumstances.
 Mitigating Circumstances Art. 13
Para 3 Lack of Intention to Commit so Grave
a Wrong
This is the effect of praeter intentionem (the
act went beyond the intent). Art. 4 para. 1

Sufficient provocation (Para. 4. Art. 13)

Elements;
a) Provocation must be sufficient
b) It must be immediate to the commission of
the crime
c) It must originate from the offended party.
 Mitigating Circumstances Art. 13
Para 3 Lack of Intention to Commit so Grave
a Wrong
This is the effect of praeter intentionem (the
act went beyond the intent). Art. 4 para. 1

Sufficient provocation (Para. 4. Art. 13)

Elements;
a) Provocation must be sufficient
b) It must be immediate to the commission of
the crime
c) It must originate from the offended party.
 Mitigating Circumstances Art. 13
Vindication of a Grave Offense (Para. 5. Art.
13) Elements;
The grave offense need not be a felony or
an act punished by law.
In determining the gravity of the offense,
the age of the accused, his social standing,
the time and place when the offense was
committed and other attendant circumstances
are to be considered.
 Mitigating Circumstances Art. 13
Passion and Obfuscation (Para. 5. Art. 13)

It is mitigating only when it arose from a

lawful sentiments.
It is essential that any provocation that
produced passion or obfuscation must come
from the offended party. The act must be the
immediate cause or the loss of reason and
self control of the accused.
This diminishes intelligence and freedom
of action.
 Mitigating Circumstances Art. 13

Is running amuck mitigating circumstances?

.
 Mitigating Circumstances Art. 13
Voluntary Surrender and Voluntary Plea of
Guilty (Para 7)
These are the only mitigating
circumstances that based on the perversity of
the offender and appreciated after and not at
the time of the commission of the crime.
There must be an intent to submit oneself
to the authorities either because he
acknowledges his guilt or wishes to save
them from the trouble and expenses in his
search and capture.
 Mitigating Circumstances Art. 13
Voluntary Surrender and Voluntary Plea of
Guilty (Para 7) Elements;
1. The offender has not been actually
arrested
2. The offender surrendered himself to a
person in authority or an agent of person in
authority
3. The surrender must be voluntary

.
 Mitigating Circumstances Art. 13
Voluntary Plea of Guilty (Para 7)
It is mitigating because it is an act of
repentance and respect for the law; it
indicates a moral disposition in the accused
favorable to his reform.
The plea of guilty must be made prior to
the presentation by the prosecution of the
evidence

.
 Mitigating Circumstances Art. 13
The Offender is Deaf and Dumb (Para 8)
It must affect the means of action, defense
or communication of the offender with his
fellow beings. The nature of the offense
should therefore be considered as to whether
such physical defect is mitigating.

.
 Mitigating Circumstances Art. 13
Illness that Diminishes the Exercise of Will
Power (Para 9)
The nature of illness affects the will of a
person but must not deprive him of the
consciousness of his acts, otherwise, such
will be exempting.

.
 Mitigating Circumstances Art. 13
Analogous Mitigating Circumstances(Para 10)
1. Over 60 years old and with failing
eyesight analogous to one over 70 years
2. Jealousy- analogous to passion or
obfuscation
3. Extreme poverty- similar to incomplete
justifying circumstance of state of necessity
4. Re enactment of the crime/execution
of extra judicial confession- similar to
voluntary plea of guilty.
 AGGRAVATING Art. 14
KINDS
1. Generic – that which generally applies
to all crimes like recidivism
2. Specific- that which applies to a
particular felony like cruelty in crimes against
person.
3. Qualifying – that which changes the
nature of the felony, as treachery in murder.
4. Inherent- that which is part of the
felony committed, as unlawful entry in robbery
with force upon things.
 AGGRAVATING Art. 14 para 1
1. Taking Advantage of Official Position
The offender is a public officer who availed
of the influence or reputation inherent in the
position for the purpose of committing the
crime. The offender should have availed
himself of the prestige, influence or
ascendancy which goes with his position as a
means of securing the execution of the crime
in other words, the position must in any way
facilitate the commission.
 AGGRAVATING Art. 14 para 2
2. Crime Committed in Contempt of or
With Insult to Public Authorities
Requisites:
a. The public authority is engaged in the
discharge of his duties; and
b. He is not the person against whom the
crime is committed

It is also essential that the offender knows of

the identity of the public authority. Public
authority is a person in authority.
 AGGRAVATING Art. 14 para 3
3. Acts Committed with Insult or Lack of
Regard Due to Offended Party by Reason
of Age, Sex or Rank of the Crime is
Committed in the Dwelling of the Offended
Party, if the Latter has Not Given
Provocation.

There is a proof showing that the accused

deliberately intended to offend or insult the
age or sex of the offended party.
 AGGRAVATING Art. 14 para 3
These aggravating circumstances of with
insult to age, sex and rank are considered in
crimes against persons, security, or honor.
They are not considered in crimes against
property.

Dwelling is aggravating even if the accused

did not enter the house.
 AGGRAVATING Art. 14 para 3
What is a dwelling?
It includes dependencies, staircase, and
enclosures under the house.

Dwelling is aggravating even if the accused

did not enter the house.

What the cases where dwelling are not

considered aggravating?
 AGGRAVATING Art. 14 para 3
What cases where dwelling are not
considered aggravating?
a. If the offended party has given provocation
b. If both the offender and the offended party
are occupants of the same house.
c. Although dwelling is inherent in robbery
with force upon things, the aggravating
circumstances of dwelling is present if the
robbery is committed with violence.
 AGGRAVATING Art. 14 para 3
Dwelling is aggravating in robbery with
violence or intimidation because this class of
robbery can be committed without the
necessity of transgressing the sanctity of the
house.
The rationale for appreciating this aggravating
circumstance is due to offenders deliberate
invasion of the tranquility of one’s domicile,
which, therefore shows greater perversity.
 AGGRAVATING Art. 14 para 4
4. Abuse of Confidence or Obvious
Ungratefulness

Requisites:
a. The offended party has trusted the
offender
b. The offender abused such trust and
c. That such abuse of confidence facilitated
the commission of the crime.
 AGGRAVATING Art. 14 para 5
5. Crime Committed in the (a) Palace of the
Chief Executive (b) in His Presence (c) Where
Public Authorities are Engaged in the
Discharge of the Duties (d) In a Place
Dedicated to Religious Worship

It is necessary that the offender must have

sought any of the above places for the
commission of the crime
 AGGRAVATING Art. 14 para 6
6. Nighttime, Uninhabited Place or Band

To be aggravating it is essential that the same

facilitated the commission of the crime or the
offender took advantage of it or it was
purposely sought for the purpose of impunity
or to prevent from being recognized or to
insure unmolested escape.
 AGGRAVATING Art. 14 para 6
6. Nighttime, Uninhabited Place or Band
What is nighttime?
It is that period of darkness beginning at the
end of dusk and ending at dawn and to be
aggravating, the crime must be committed
exclusively at nighttime.
By or of itself, nighttime is not aggravating
it becomes only when it is especially sought
by the offender or taken advantage of to
facilitate the commission of the crime to
insure immunity from capture.
 AGGRAVATING Art. 14 para 6
6. Nighttime, Uninhabited Place or Band
What is Uninhabited Place?
A place where there are no people or any
number of houses within the perimeter of less
than 200 meters.
Uninhabited place is determined not by the
distance of the nearest house to the scene of
the crime but whether or not in the place of
the commission of the offense there was a
reasonable possibility of the victim receiving
some help.
 AGGRAVATING Art. 14 para 6
6. Nighttime, Uninhabited Place or Band
What is Band?
Consist of a least four armed malefactors
organized with the intention of carrying out
any unlawful design --

Band is inherent in brigandage but not in

robbery committed by a band.

Is a band considered in the crime of rape?

 AGGRAVATING Art. 14 para 7
7. Crime Committed on the Occasion of
Calamity

This is aggravating because the offender

“who in the midst of a great calamity, instead
of lending a hand or aid to the afflicted, adds
to their suffering and agony by taking
advantage of their misfortune to despoil them”
 AGGRAVATING Art. 14 para 8
8. Aid of Armed Men Who Insure or Afford
Impunity

The armed men present must take part,

either directly or indirectly, in the commission
of the crime by the offender but it must not
appear that the offender as well as those
armed men acted under the same plan and
for the same purpose as there would be
conspiracy.
 AGGRAVATING Art. 14 para 9
9. Recidivism

Recidivism involves at least two conviction

and hence, it is a form of plurality of crimes.
The first conviction must be by final judgment
and must take place prior to the second
conviction. The subsequent conviction should
be for an offense before the commission of
the offense in the prior conviction
 AGGRAVATING Art. 14 para 9
9. Recidivism

Also the offender should have convicted by

final judgment at the time of the rendition of
the judgment for the second offense.
Recidivism exists even if the two offenses
are the same because they are embraced in
the same title of the code.
 AGGRAVATING Art. 14 para 10
10. Reiteracion and Habituality

In reiteracion, it is essential that the

offender be previously punished, that is, he
has served the sentence for an offense in
which the law attaches, or provides for an
equal or greater penalty than that attached by
law to the second offense, or for two or more
offenses, which the law attaches a lighter
penalty. Reiteracion is also called habituality
 AGGRAVATING Art. 14 para 10
Reiteracion and Recidivism distinguished;
a. In reiteracion, the offender is previously
punished whereas in recidivism, it is enough that
there be a previous conviction by final judgment
b. In reiteracion, the offense are not embraced
in the same title of the code, whereas in recidivism,
these offenses must be embraced by the same title
of the code.
c. Reiteracion is not always aggravating as is
appreciation rests upon the discretion of the court,
whereas, recidivism, if present, is always considered
aggravating.
 AGGRAVATING Art. 14 para 11
11. Commission of the Crime in Consideration
of the Price, Promise or Reward
When these aggravating circumstance is
present, it affects not only the person who gave the
price, reward or promise but also the person who
received the same.
In People vs. Alicante, the SC ruled that “as a
price or reward were offered and accepted, all the
defendants contributed towards the attendance of
this circumstances and therefore should affect each
and all of them the offeror and the acceptor.
 AGGRAVATING Art. 14 para 11
11. Commission of the Crime in Consideration
of the Price, Promise or Reward
If the money was given, without any
previous promise, after the commission of the
crime as an expression of sympathy ,
circumstance cannot be present.
 AGGRAVATING Art. 14 para 12
12. Commission of Crime by means of
Inundation, Fire, Poison, Explosion. Stranding
of a Vessel or Intentional Damage Thereto,
Derailment of a Locomotive, or the use of Any
Other Artifice Involving Great Waste and
Ruin.
 AGGRAVATING Art. 14 para 13
13. Evident Premeditation
Elements:
1. The time when the accused determined
to commit the crime;
2. An act manifestly indicating that the
accused has clung to his determination; and
3. A sufficient lapse of time between such
determination and execution to allow him to
reflect upon the consequences of his acts.
 AGGRAVATING Art. 14 para 13
13. Evident Premeditation
The premeditation must be based upon
external acts not merely suspected indicating
deliberate planning.
When the determination to commit the crime
was immediately followed by the execution of
the act, premeditation cannot be present.
Evident premeditation cannot be considered
to qualify murder where it is not shown when the
plan to kill was hatched, or what time elapsed
before it was carried out.
 AGGRAVATING Art. 14 para 13
13. Evident Premeditation
Evident premeditation is inherent in crimes
against property but it may be considered also in
Robbery with homicide if there is evident
premeditation to kill besides stealing.
 AGGRAVATING Art. 14 para 14
14. Craft, Fraud or Disguise is Employed
These are intellectual means in the
commission of the crime.
Craft-is cunning or trickery. If the craft is used
to insure the commission of the crime without
risk to the offender, it is absorbed in treachery.
Fraud constitutes deceit and manifested
insidious words or machinations.
The purpose of disguise is to conceal the
identity.
 AGGRAVATING Art. 14 para 14
14. Craft, Fraud or Disguise is Employed
The use of an assumed name in the
publication of libel, or the covering the face with
a handkerchief or blackening the face constitute
disguise.
Disguise is not aggravating if it did not
facilitate the commission of the crime or taken
advantage of the accused.
 AGGRAVATING Art. 14 para 15
15. Advantage Be Taken of Superior Strength or
Means Be Employed to Weaken the Defense
Intentionally employing excessive force out of
proportion to the means of defense available is
taking advantage of superior strength.
There must be a notorious inequality of forces
between the victim and the aggressor and to
appreciate it, it is necessary to evaluate the
physical conditions of the protagonist and the
arms employed by each side. (Several persons
all armed attacked the victim who was
defenseless)
 AGGRAVATING Art. 14 para 15
15. Advantage Be Taken of Superior Strength or
Means Be Employed to Weaken the Defense
The killing of a child by an adult constitute
treachery and not abuse of superior strength.
Abuse of superior strength is inherent in
treachery if there is allegation of treachery.
Intoxicating a victim with intention to kill him is
characterized by means employed to weaken
the defense. Same with casting a sand upon the
eyes of the offended party before stabbing or
wounding him.
 AGGRAVATING Art. 14 para 16
16. Treachery
It is the means, methods or forms of execution
of the crime which must be consciously adopted
in order to insure its execution.
It is applicable only in crimes against persons
only. It is qualifying in murder or in serious
physical injuries.
Treachery may co exist with evident
premeditation since there is a preparation to kill
making it impossible or hard for the person
attacked to defend himself or retaliate.
 AGGRAVATING Art. 14 para 16
16. Treachery
In treachery the mode of attack adopted need not
insure the consummation of the crime because the
law qualifies the means as such that would “Tend
directly and especially to insure its execution”. So
there may be attempted or frustrated murder
qualified by treachery.
If the attack is frontal, there is no treachery but
when the attack although frontal, is sudden and
perpetrated in a manner tending directly or specially
to insure execution free from danger and without
risk to oneself that the victim might make to defend
himself.
 AGGRAVATING Art. 14 para 16
16. Treachery
Two conditions constitute treachery;
1. Employment of means of execution so as to
give to persons attack no opportunity to defend
himself or retaliate;
2. that such means of execution was deliberately
or consciously adopted.
Treachery cannot be presumed. It must be
proven conclusively as the act itself. The mere fact
that the wound were found at the back of the
deceased could not by itself bring finding of
treachery
 AGGRAVATING Art. 14 para 17
17. Means Employed or Circumstances Brought
About to Add Ignominy to the Natural Effects of
the Crime
This circumstance produces moral suffering on
account of its humiliating effects.
Whereas ignominy produces moral suffering,
cruelty produces physical suffering.
 AGGRAVATING Art. 14 para 18
18. Unlawful Entry
Unlawful entry exists when an entrance into the
building is made by a way not intended for the
purpose. Entering through the window is unlawful
entry.
The unlawful entrance must be made for the
purpose of committing a crime like rape or murder,
however it is inherent in trespass to dwelling and in
robbery with force upon things.
Unlawful entry to be aggravating must be for the
purpose of entrance and not for purpose of escape.
 AGGRAVATING Art. 14 para 19
19. As A Means to Commit a Crime, a Wall,
Roof, Floor, Doors or Windows Be Broken
This means is for the purpose of committing a
crime. It is inherent in robbery with force upon
things.
 AGGRAVATING Art. 14 para 20
20. Commission of A Crime With Aid of Person
Under 15 years or By Means of Motor Vehicles,
Airships, Motorized Watercraft or Similar Means
This means is for the purpose of committing a
crime. It is inherent in robbery with force upon
things.
This circumstance will be considered where there
is a showing that the motor vehicle was purposely
used to facilitate the commission of the offense or
where it is shown that without it the offense charged
could not have been committed or was intentionally
sought to insure the success of the nefarious
enterprise.
 AGGRAVATING Art. 14 para 21
21. The Wrong Done In the Commission of the
Crime is Deliberately Augmented By Another
Wrong Not Necessary for Its Commission
There is cruelty when the culprit enjoys and
delights in making his victim suffer slowly and
gradually causing unnecessary moral and physical
pain in the consummation of the criminal act which
he intend to commit.
Cruelty requires deliberate prolongation of the
suffering or agony of the victim
 ALTERNATIVE Art. 15
Alternative circumstances are defined as those
which must be taken into consideration as
aggravating or mitigating according to the nature
and effects of the crime and other condition
attending it.
Three Kinds of Alternative Circumstances;
1. Relationship
2. Intoxication; and
3. Degree of education or instruction of the
offender.
 ALTERNATIVE Art. 15 para 21
1. Relationship
It is taken into consideration when offended party
is the spouse, ascendant, descendant, legitimate,
natural or adopted brother or sister or relative by
affinity in the same degree.
Relationship is mitigating in crimes against
property by analogy to the provisions of Art. 332.
But in theft, estafa and malicious mischief,
relationship is exempting.
It is aggravating in crimes against person if the
offended party is a relative of higher degree or when
the offender and the offended party are relatives of
the same level.
 ALTERNATIVE Art. 15 para 21
2. Intoxication
It is mitigating if it is not habitual or it is not
subsequent to the plan of the commission of the a
felony. It is aggravating if it is habitual or intentional.
By intoxication means that the offender’s mental
faculties must be affected by drunkenness.
To be mitigating it must be shown that
a. At the time of the commission of the criminal act,
the accused has taken such quantity of alcoholic
drinks as to blur his reason and deprive him of a
certain degree of control
b. such intoxication is not habitual or subsequent
to the plan to commit the felony.
 ALTERNATIVE Art. 15 para 21
3. Degree of Instruction and Education
It is not illiteracy alone but the lack of sufficient
intelligence and knowledge of the full significance of
all acts that constitute mitigating circumstance of
lack of instruction.
Lack of instruction or a low degree of intelligence
is generally mitigating in almost all crimes.
High degree of instruction is aggravating if the
offender availed himself or took advantage of it in
committing the crime.
Who are criminally liable for Felonies?

Answer:

It depends. For grave and less grave

felonies, those liable are the principals,
accomplices, and accessories.
For light felonies, those liable are the
principals and accomplices only. (Art. 16)
 Who are the principals?

They are those;

a. Who take direct part in the execution of
the act;
b. Who directly force or induce another to
commit the act;
c. Who cooperate in the commission of the
offense by another act without which the crime
would not have been accomplished. (Art. 17)
 Principals Who Take a Direct Part in
the Execution of the Act
They are those who;
a. participating in the criminal design,
b. proceed to carry out their plan/s, and
c. personally take in the execution by acts
directly tend to the same end.
Mere knowledge, acquiescence or approval
of the act without cooperation or agreement to
cooperate, is NOT enough to constitute one a
party to a conspiracy
 Principals Who Directly Forces or
Induces Others to Commit a Crime.
There is a principal by induction or by
inducement only if it is shown that the crime
was actually committed by another who was
induced.
If the force employed is irresistible or is
caused by an uncontrollable fear, only the one
employing it is liable as the executor is exempt
under para 5 and 6 of Art. 12
 Principals Who Directly Forces or
Induces Others to Commit a Crime.
Regarding the inducement, it is necessary or
essential that;
a. It be made directly with the intention of
procuring the commission of the crime and
b. That such inducement be the determining
cause of the said commission by one induced.
Principal by Indispensable Cooperation
There must be immediate participation in
the criminal design of the principal by direct
participation by an act in that which the crime
would as have been committed.
The cooperation of this principal is by an act
indispensable to the commission of the felony.
There is therefore, no principal by
cooperation without a principal by direct
participation.
 Who are Accomplices? Art. 18
They are those, who not being principals,
cooperate in the execution of the offense or
simultaneous acts.
An accomplice has knowledge of the
criminal design of the principal and all that he
does is to concur with the latter in his purpose
by cooperating in the execution of the crime by
previous or simultaneous acts, for the purpose
of supplying material or moral aid to the
principal in an efficacious way.
 Who are Accomplices? Art. 18
A relation must exist, therefore, between the
act of the principal and that committed by the
accomplice.
It is essential that the accomplice must
know of the criminal design of the principal and
he thereby cooperates knowingly and
intentionally by an act which even though not
rendered, the crime would be committed just
the same.
 Who are Accessories? Art. 19
They are those who are neither principals
nor accomplices but:
1. Have knowledge of the commission of
the crime.
2. Take part subsequent to its commission
in any of the following manner;
2.1. By profiting themselves or assisting
the offender to profit from the effects of the
crime;
 Who are Accessories? Art. 19
2.2. By concealing or destroying the body
of the crime or its effects or instruments
thereof, in order to prevent its discovery.
2.3. By harboring, concealing, or assisting
in the escape of the principal of the crime if he
acts with abuse of public functions or when 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.
 Who are Accessories Exempt From
Criminal Liability?
They are those who are such with respect to
their spouses, descendants, legitimate, natural
and adopted brothers and sisters or relatives
by affinity with the same degree provided the
accessories do not profit or assist the offender
to profit from the effects of the crime.
 Who are Accessories Exempt From
Criminal Liability?

If the acts performed therefore, by these

accessories pertain to para 2 and 3 of Art. 19,
they are not liable (Art. 20) because he acted
due to blood or immediate relationship and not
for gain or material profit.
 Penalties in General

Penalty Defined.
In its general sense, penalty signifies pain;
in its juridical sphere, penalty means the
suffering undergone, because of the action of
the society, by one who commits a crime.
Hence, penalty is imposed only after the
conviction in a criminal action.
 Juridical Conditions of Penalty
1. Must be productive of suffering but the limit is
the integrity of human personality
2. Must be proportionate to the crime in the
sense that different penalties are prescribed
for different felonies.
3. Must be personal as it must be imposed upon
the criminal and no other
4. Must be legal as it must be the consequence
of a judgment according to law.
5. Must be certain so that one cannot escape
from it.
 Juridical Conditions of Penalty
6. Must be equal in the sense that it applies to all
persons regardless of circumstances.
7. Must reformative or correctional.
 Purpose of the State in Punishing
Crimes

For justice, because the State has an

existence of its own to maintain, a conscience to
assert, and moral principles to be vindicated.
Penal justice rests primarily on the moral
rightfulness of the punishment imposed.
 Theories Justifying Penalty
1. Absolute theory – an act of retributive
justice, a vindication of absolute right and
moral law violated by the criminal.\
2. Relative theory –
a. Prevention – to prevent or suppress the
danger to the state arising from crimes
b. Self Defense – to protect society from
the wrong of threat inflicted by the offender
c. Reformation – to correct and reform the
offender
d. Exemplarity – to deter others from
committing crimes
Constitutional Limitations on Penalties
1. Excessive fines shall not be imposed nor
cruel or unusual punishment inflicted

What penalties may be imposed (Art 21)

Only those provided by law prior to the
commission of a felony. So, if the law does
not provide for subsidiary imprisonment prior
to the commission of the felony, such cannot
be imposed, for to do so is to give retroactive
effect.
What are the measures of Prevention or
Safety not considered Penalties
1. Arrest or temporary detention of accused
persons, their detention being due to
insanity or imbecility, or illness requiring
confinement in a hospital.
2. Commitment of a minor to any institution
as provided in Art. 80 as amended by PD
603
3. Suspension from public office during the
trial or in order to institute the action.
4. Fines and other corrective measures
imposed by the superior officer upon their
subordinates in the exercise of
administrative or disciplinary powers.
5. Deprivation of rights and reparations which
the civil law establish in penal form.
 Duration and Effect of Penalties
1. Reclusion Perpetua – after serving 30 years
he may be pardoned
2. Reclusion Temporal – 12 years, 1 day to 20
years
3. Prision Mayor and Temporary Disqualification -
6 years, 1 day to 12 years
4. Prision Correctional – 6 months, 1 day to 6
years. Destierro Suspension
5. Arresto Mayor – 1 month, 1 day to 6 months
6. Arresto Menor – 1 day to 30 days
 If the penalty imposed is Reclusion
Perpetua the convict may be pardoned after
serving the penalty for 30 years. This is not
mandatory. The longest term of imprisonment
cannot exceed 40 years (Art. 70)
 Offenders Entitled to a Deduction of
their Preventive Imprisonment from the
Term of Imprisonment
1. Those sentenced to a penalty involving
deprivation of liberty except the following;
a. recidivists or those who have been
convicted previously of two or more
times of any crime;
b. those who failed to surrender voluntarily
upon being summoned for the execution
of their sentence

.
 Effects of Perpetual or Temporary
Absolute Disqualification (Art. 30)
1. Deprivation of any public office or
employment of the offender
2. Deprivation of the right to vote in any election
or to be voted upon
3. Disqualification for any public office and for
the exercise of any rights mentioned
4. Loss of rights to retirement pay or pension
All these effects last during the lifetime of the
convict and even after the service of the
sentence
 Effects of Perpetual or Temporary
Special Disqualification for Public
Office, Profession or Calling

1. Deprivation of the office, employment,

profession or calling affected
2. Disqualification for holding similar offices or
employment during the period of
disqualification.

.
 Effects of Pardon by the Chief
Executive
1. An absolute pardon extinguishes the
criminal liability of the offender
2. It does not exempt the offender from the
payment of the civil indemnity imposed in
the sentence (Art. 36)
3. It does not restore the right to hold public
office or the right of suffrage unless such
right are expressly restored by the terms of
the pardon.
 What are the limitations upon the
pardoning power of the President?
1. The power can be exercised only after
conviction by final judgment
2. Such power does not extend to cases of
impeachment
3. In election offenses, it can be exercised
only upon prior recommendation of the
Commission on Elections.
Pardon by the President distinguished
from the Pardon by the Offended Party
1. Pardon by the Chief Executive
extinguishes criminal liability, whereas that
is not the case if the pardon is given by the
offended party, except in case of marriage,
as it only bars the institution of the criminal
action
2. Pardon by the President is granted after
conviction by final judgment whereas
pardon by the offended party is given
before the institution of the action.
Pardon by the President distinguished
from the Pardon by the Offended Party

3. Pardon by the Chief Executive cannot

include civil liability of the offender, whereas
such civil liability may be expressly waived by
the offended party.

.
 Pecuniary Liabilities of the
Offender (Art 38)

1. Reparation of the damaged caused

2. Indemnification of consequential damages
3. Fine, and
4. Cost of the proceedings.
 Principles Governing Subsidiary
Imprisonment (Art 39)
Subsidiary imprisonment applies only for failure to
pay the fine because of insolvency of the accused.
It does not apply to
a. reparation of damages caused
b. indemnification of consequential damages; and
c. cost of proceedings under Art. 39.
Note: The offender cannot be made to undergo the
subsidiary imprisonment unless expressly provided
in the judgment because it is not an accessory
penalty
 Principles Governing Subsidiary
Imprisonment (Art 39)
When principal penalty is higher than prision
correctional there is no subsidiary imprisonment .
If the offender has been sentenced to several
penalties, the aggregate penalties should be
considered in bulk, not separately. So if the
aggregate principal penalty exceeds 6 years, there
is no subsidiary imprisonment.
If the culprit has properties, he has no option to
serve the subsidiary imprisonment pertaining to the
performance of his obligation to satisfy his pecuniary
liability because subsidiary imprisonment is applied
only in case of insolvency.
 Accessory Penalty(Art 40-44)
Penalties in Which Other Accessory Penalties are
Inherent
1. Death - when not executed due to
commutation or pardon a) perpetual absolute
disqualification and b) civil interdiction for 30 years if
not expressly remitted in the pardon
2. Reclusion Perpetua and Reclusion Temporal
a) civil interdiction for life or during the term of the
sentence and b) absolute perpetual disqualification
unless expressly remitted in the pardon
3. Prision mayor – a) Temporary absolute
disqualification and b) perpetual special
disqualification from right of suffrage unless
expressly remitted in the pardon.
 Accessory Penalty(Art 40-44)
Penalties in Which Other Accessory Penalties are
Inherent
4. Prision correccional – a) suspension from
public office, right to follow a profession or calling,
and b) perpetual special disqualification from
suffrage if duration of imprisonment exceeds 18
months
5. Arresto – suspension of the right to hold office
and of suffrage during the term of the sentence
 Confiscation of Proceeds or
Instruments of Crime
This accessory penalty is included in every penalty
imposed for the commission of a crime.
1. Confiscation is in favor of the government
2. Property of a third person not liable for the
offense is not subject to confiscation
3. Property not subject of lawful commerce
though it belongs to a third person shall destroyed.
There can be no confiscation if the property is not in
the possession of the court or any of the parties to
the action nor can the court order it except in a
criminal case and only in case of conviction.
Bases for the Imposition of the Penalty
Under RPC
1. Stage of the commission of the crime, whether
consummated, frustrated or attempted
2. Participation of the person liable, whether as
principal, accomplice or accessory.
3. Presence of aggravating or mitigating
circumstances.

Note: The penalty provided for a felony cannot

therefore be applied indiscriminately but always in
accordance with legal disposition
Cases in Which the Death Penalty Shall
Not be Imposed (Art. 47)
1. If the guilty person is over 70 years old
2. If the death penalty imposed by the lower court
is not affirmed by the ten justices of the SC, in which
case the death penalty is lowered to life
imprisonment
3. If the offender is a minor under 18 years of age
at the time of the commission of the felony.
What is the Penalty for Complex Crime
(Art. 48)
What 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, the penalty for more serious crime in
its maximum period shall be imposed.
The purpose of the imposition of the penalty for grave
offense in the maximum period is to prescribe a penalty
lower than the aggregate of the penalties for each offense,
if imposed separately.
The reason is when two or more crimes are the result of a
single act, the offender is deemed less perverse than when
he commits said crimes thru separate and distinct acts
 Complex Crime (Art. 48)
Kinds of complex crime
1. Compound (delito compuesto) – when a single act
constitute two or more grave or less grave felonies.
2. Complex proper (delito complejo) – when a offense is
committed as an necessary means to commit the other.
When the crimes are produced not by a single act but
by several acts, there is no complex crime. Several
distinct crimes are committed.

The rules on complex crimes apply to felonies

committed thru negligence
 Complex Crime (Art. 48)
Where an offense is Committed As a Means Necessary to
Commit Another (Complex Crime Proper)
When the two crimes are punished by different statutes
although the law uses “offense”, there is no complex crime.
It is essential that two crimes must be under the same
statute.
There is no complex crime if a crime is committed to
conceal the other crime.
 What is a Continuous Crime
A continued, continuous, or continuing crime is a single
crime consisting of series of acts arising from one criminal
resolution and is therefore not a complex crime.
The reason is that neither the criminal act nor the
intention is susceptible of division.
There is no complex crime of rebellion with murder.
Murder is inherent or absorbed in rebellion if the killing has
a political purpose.
 Penalty If the Crime Committed Is
Different from that Intended (Art. 49)
Art. 49 applies only to a case of mistake of identity or error
en personae
Aberrratio Ictus or mistake in the blow results also in a
complex crime
Praeter intentionem (the act went beyond the intent) the act
is mitigating circumstance as the injury befell on the same
person
 Penalty for Impossible Crime (Art. 59)
What is the penalty for Impossible Crime?
1. Arresto Mayor or a fine from Php 200.00 to Php500.00
2. In its imposition the court considers the social danger
and the degree of criminality of the offender.
3. The penalty cannot apply if the act performed would
constitute a light felony.
In what cases Does the Law Punish the Accomplice with a
Penalty Corresponding to the Principals?
1. Ascendants, guardians, curators, teachers and any
person who by abuse of authority or confidential
relationship, shall cooperate as accomplices in rape, acts of
lasciviousness, seduction, corruption of minors, white slave
trade or abduction
2. One who furnished the place for the perpetration of
the crime of slight illegal detention.
In what cases Does the Law Punish an accessory with a
Penalty Corresponding to the Principal or of one degree
lower instead of two degrees?
1. Knowingly using counterfeit seal or forged signature
of the President
2. Illegal possession and use of a false treasury bank
note
3. Using falsified document
4. Using falsified dispatch
What are the effects of the attendance of mitigating or
aggravating circumstances?
1. Aggravating circumstances that are not considered for
the purpose of increasing the penalty
a. Those which in themselves constitute a crime
especially punishable by law e.g explosion in crimes
involving destruction
b. Those included by law in defining the crime e.g.
Abuse of confidence
c. Those inherent in the crime but of necessity
accompany the commission thereof. E.g. Evident
premeditation, in robbery with force upon things.
What are the effects of the attendance of mitigating or
aggravating circumstances?
2. Aggravating or mitigating circumstances that serve to
aggravate or mitigate the liability of the offender to whom
such are attendant. Those arising from
a. Moral attributes of the offender
b. His private relations with the offended party
c. Any other personal cause.
3. Aggravating or mitigating circumstances that affect the
offenders only who had knowledge of them at the time f the
execution of the act or their cooperation therein: those
which consist (a) in material execution of the act; and (b) in
the means employed to accomplish it.
What are the effects of the attendance of mitigating or
aggravating circumstances?
a. Material execution of the act;
a-1. There is no mitigating circumstance that relates to
the means employed in the execution of the crime and
other acts incident to the actual perpetration thereof
b. Means employed to accomplish it.

What are the legal effects of habitual delinquency

a. Third conviction – culprit sentenced to the penalty for
the crime committed and for the additional penalty of prision
correctional medium and maximum period.
b. Fourth conviction – the penalty is that provided by law
for the last crime and the additional penalty of prision mayor
minimum and medium periods
What are the legal effects of habitual delinquency
C. Fifth and additional conviction – the penalty is that
provided by law for the last crime and the additional penalty
of prision mayor maximum to reclusion temporal minimum
periods

In no case shall the total of the two penalties imposed upon

the offender exceed 30 years.

Who is a habitual delinquent?

A culprit is a habitual delinquent if within ten years from
the date of his release or last conviction of the crime of
serious or less serious physical injuries, robbery, theft,
estafa of falsification, he is found guilty of any of the said
crimes a third time or oftener.
 A habitual delinquent is sometimes called a
multirecidivist. This applies if all the crimes are embraced in
the same title of the Code, like robbery, theft or estafa.

What is the purpose of the law in imposing the additional

penalty on habitual delinquents?
Answer: To render more effective social defense and the
reformation of multirecidivist.

Is habitual delinquency a crime?

Answer: It is simply a fact or circumstances which if present
in a given case with the other circumstances, give rise to
the imposition of the additional penalties therein prescribed
Is the imposition of the additional penalty on habitual
delinquents constitutional?
Answer: Yes, because such law is neither an ex post
facto law nor an additional punishment for future
crimes. It is simply a punishment on future crime the
penalty being enhanced on account of the criminal
propensities of the accused. The imposition of such
additional penalty is mandatory
Distinction between Habitual Delinquency and
Recidivism
1. In habitual delinquency, the crimes are specified,
whereas in recidivism, the crimes are embraced on the
same title of the code.
2. In recidivism, no period of time is fixed between
the former conviction to the last conviction, whereas in
habitual delinquency conviction of any of the specified
crimes must take place after ten years of last release or
conviction
3. In recidivism, it enough that there be a second
conviction of any crime embraced in the same title of
the last as the first crime, whereas in habitual
delinquency, there must be at least a third conviction of
any of the specified crimes.
Distinction between Habitual Delinquency and
Recidivism
4. Recidivism is an aggravating circumstance and if
not offset serves to increase the penalty, whereas
habitual delinquency provides for the imposition of
additional penalty.

Cases where attending mitigating and aggravating

circumstances are not considered in the imposition of
penalties.
1. Penalty that is single and indivisible
2. Felonies thru negligence
3. Penalty is fine
4. Penalty is prescribed by special law
 Factors to be considered in the
imposition of Fine (Art. 66)
1. Presence of mitigating or aggravating
circumstances
2. Wealth or means of culprit (this is the controlling
factor)
3. The court in the imposition of proper fine may also
consider other factors, such as the gravity or
seriousness of the crime committed, the heinousness
of its perpetration and the magnitude of its effects on
the offender’s victim.
4. If the law imposing fine does not fix the minimum,
the determination of the fine is left to the sound
discretion of the court, provided it will not exceed the
authorized maximum fine.
 Penalty to be imposed When Crime Is
Not Totally Excusable (Art. 69)
One or two degrees lower if the majority of the
conditions for justification or exemption on the cases
provided in Arts. 11 and 12 are present
If unlawful aggression is absent, the penalty cannot
be reduced as this is the basic element of self defense,
whether complete or incomplete.

What is the complex penalty (Art. 77)

It is a penalty prescribed by law composed to three
distinct penalties each forming a period, the lightest of
which shall be the minimum, the next shall be the
medium and the most severe the maximum.
What is the penalty next lower in degree than Arresto
Mayor?
Answer: ??????

When and how penalty to be executed?

Answer:
a. No penalty is to be executed except by virtue of a
final judgment
b. It shall not be executed in any other form than that
prescribed by law. (Art. 78)

What are the effects of Insanity and Imbecility of a

convict after final judgment or while serving the
sentence (Art. 79)
 What are the effects of Insanity and Imbecility of a
convict after final judgment or while serving the
sentence (Art. 79)
a. The execution of the sentence is suspended as to
the personal penalty but not as to his pecuniary
liabilities.
b. If he recovers his reason, the sentence is to be
executed except if the penalty has already prescribed.

Suppose that death penalty is re-imposed, When will it

be suspended?
Suppose that death penalty is re-imposed, in what
cases will it be suspended? (Art. 83)
Answers:
1. If convict reached the age of over 70 years
2. If a convict is a woman, within three years from
the date of the sentence
3. If the woman is pregnant
4. If the convict becomes insane or an imbecile (Art.
79)

What is the procedure in the execution of the penalty of

destierro (Art. 87)
What is the procedure in the execution of the penalty of
destierro (Art. 87)
Answer:
1. The convict shall not be permitted to enter the
place designated in the sentence nor within the radius
specified, which shall not be more than 250 and not
less than 25 kilometers from the place designated.
2. If the convict enters the prohibited area, he
commits what felony?

What are the causes of Total Extinction of Criminal

Liability?
What are the causes of Total Extinction of Criminal
Liability?
Answer:
1. Death of the convict as to personal penalties, as
to the pecuniary liabilities, liability therefor is
extinguished only when death occurs before final
judgment.
2. Service of sentence
3. Amnesty
4. Absolute pardon
5. Prescription of the crime
6. Prescription of the penalty
7. Marriage of the offended woman as provided in
Art. 344
What is amnesty?
Answer:
It is the act of sovereign power granting oblivion or a
general pardon for a past offense, and is rarely, if ever,
exercised in favor of a single individual, and is usually
exercised in behalf of a certain class of persons, who
are subject to trial but have not yet been convicted
Amnesty extinguishes the criminal liability and not
merely the penalty but also its effects. But the civil
liability is not extinguished.

What is pardon? (Conditional and Absolute)

What is pardon? (Conditional and Absolute)
Answer:
Pardon is an act of grace proceeding from the power
entrusted with the execution of the laws which exempts
the individual whom it is bestowed from the punishment
the law inflicts for the crime he has committed.
Pardon to be effective must be delivered and
accepted by the convict.

What is prescription of Crime?

It is the forfeiture or loss of the right of the State to
prosecute the offender after the lapse of certain time
fixed by the law.
What is pardon? (Conditional and Absolute)
Answer:
Pardon is an act of grace proceeding from the power
entrusted with the execution of the laws which exempts
the individual whom it is bestowed from the punishment
the law inflicts for the crime he has committed.
Pardon to be effective must be delivered and
accepted by the convict.

What is prescription of Crime?

It is the forfeiture or loss of the right of the State to
prosecute the offender after the lapse of certain time
fixed by the law.
What is prescription of penalty?
It is the forfeiture or loss of the right of the
government to execute the final sentence after the
lapse of certain time fixed by the law.

What are the periods of prescription of crimes

punishable by?
1. Death, Reclusion Perpetua,Reclusion Temporal –
20 years
2. Other afflictive penalties -15 years
3. Correctional penalties – 10 years except Arresto
Mayor which prescribes in 5 years
4. Libel and similar offenses - 1 year
5. Oral defamation and slander - 6 months
6. Light offenses- 2 months
When does the period of prescription of a felony begin
to run and when is it suspended?
Answer:
1. Period commences to run from the day following
the
a. commission of the offense
b. discovery by the offended party
c. reported to the authorities or their agents 2. It
does not run if the offender is outside of the Philippines
except when there is an extradition treaty 3. The
period is interrupted by the filing of the complaint or
information.
4. The period commence to run again when the
proceeding is terminated
When does the period of prescription of a felony begin
to run and when is it suspended?
4. The period commence to run again when the
proceeding is terminated
a. without the accused being convicted or
acquitted
b. the proceeding is unjustifiably stopped for a
reason not imputable to the offender.

What if the offender is unknown, will it interrupt the

running of the prescriptive period?
Answer: ?????
What are the causes of partial extinction of criminal liability
(Art. 94)?
1. Conditional pardon
2. Commutation of sentence
3. Good Conduct Time Allowance (GCTA)
4. Parole
5. Probation
Conditional pardon – it is the nature of contract/meeting of
the minds between the Chief Executive and the convict
wherein the latter should accept the conditions imposed in
the pardon which he should not violate.
Commutation of sentence – it is the change in the
sentence of the court made by the President which consist
in reducing the penalty imposed upon the offender
substituting the original penalty
Every person criminally liable is also civilly liable (Art.
100)?
1. The civil liability arises from the commission of the
felony.
2. The civil liability is determined in the criminal action
except
a. if there is an express waiver of the liability
b. if there is a reservation to file an independent and
separate civil action.

What is included in the civil liability?

1. Restitution
2. Reparation of the damage caused
3. Indemnification for consequential damages
SPEAK AND DECLARE
FOR THE TRUTH AND
NOTHING BUT THE
TRUTH OTHERWISE
YOUR TRUTHS WILL
ALL ALONG BE
QUESTIONABLE – RLP

THANK YOU AND GOD BLESS!!!