CRIMINAL LAW AND JURISPRUDENCE – RPC BOOK 1

Prepared by:

ATTY. JINGO G. FERNANDEZ

CRIMINAL LAW – A branch of municipal law which defines crimes, treats 2. Foreign vessel
of their nature and provides for their punishment.
A. FRENCH General Rule: Crimes committed aboard a foreign
Act No. 3815 – Created the Penal Code of the Philippines (now the RPC). RULE vessel within the territorial waters of a country are
It was approved on December 8, 1930 and took effect on January 1, NOT triable in the courts of such country.
1932.
Exception: commission affects the peace and
Characteristics of Criminal Law security of the territory, or the safety of the state is
1. General – binding on all persons who reside or sojourn in the endangered.
Philippines. B. ENGLISH General Rule: Crimes committed
Exceptions: RULE aboard a foreign vessel within the territorial waters
a. Treaty Stipulation of a country are triable in the courts of such country.
b. Laws of Preferential Application
c. Principles of Public International Law Ex: Exception: When the crime merely affects things
- sovereigns and other chiefs of state within the vessel or it refers to the internal
- ambassadors, ministers management thereof.
- plenipotentiary, minister resident
- charges d’affaires Title One: FELONIES AND CIRCUMSTANCES WHICH AFFECT
CRIMINAL LIABILITY
Note: BUT consuls, vice-consuls and other, foreign commercial Chapter One: FELONIES
representatives CANNOT claim the privileges and immunities accorded to
ambassadors and ministers Felonies – acts and omissions punishable by the Revised Penal Code.
Offense – acts and omissions punishable by special laws.
2. Territorial – penal laws of the Philippines are enforceable only within its Crime – acts and omissions punishable by any law.
territory Act – an overt or external act
Exceptions: (Art. 2 of RPC – binding even on crimes committed outside Omission – failure to perform a duty required by law
the Philippines)
a. offense committed while on a Philippine ship or airship ELEMENTS (Felony):
b. forging or counterfeiting any coin or currency note of the 1. There must be an act or omission
Philippines or 2. This must be punishable by the RPC
c. obligations and the securities issued by the Government 3. Act or omission was done by means of dolo or culpa
d. introduction into the country of the above- mentioned obligations
securities BASIC MAXIMS IN CRIMINAL LAW
e. while being public officers and employees, an offense 1. Nullum Crimen, Nulla Poena Sine Lege – There is no crime when
committed in the exercise of their functions there is no law punishing it.
f. crimes against national security and the law of the nations 2. Doctrine of Pro Reo – Whenever a penal law is to be construed or
defined in Title One of Book Two applied and the law admits of two interpretations – one lenient to the
offender and one strict to the offender – that interpretation which is
3. Prospective – the law does not have any retroactive effect. lenient or favorable to the offender will be adopted.
Exception: when the law is favorable to the accused 3. Actus Non Facit Reum, Nisi Mens Sit Rea – The act cannot be
Exceptions to the Exception: criminal where the mind is not criminal. This is true to a felony
a. The new law is expressly made characterized by dolo, but not a felony resulting from culpa. This
b. inapplicable to pending actions maxim is not an absolute one because it is not applied to culpable
c. or existing causes of action felonies, or those that result from negligence.
d. Offender is a habitual criminal 4. Dura Lex Sed Lex – The law may be harsh but it is the law.

Theories of Criminal Law: Classification Of Felonies According To The Means By Which They
1. Classical Theory – basis is man’s free will to choose between good Are Committed
and evil, that is why more stress is placed upon the result of the INTENTIONAL FELONIES CULPABLE FELONIES
felonious act than upon the criminal himself. The purpose of penalty by means of deceit (dolo) by means of fault (culpa)
is retribution. The RPC is generally governed by this theory. • freedom • freedom
2. Positivist Theory – basis is the sum of social and economic • intelligence • intelligence
phenomena which conditions man to do wrong in spite of or contrary
• intent • negligence/imprudence
to his volition. This is exemplified in the provisions on impossible
crimes and habitual delinquency.
MISTAKE OF FACT – misapprehension of fact on the part of the person
3. Mixed Theory – combination of the classical and positivist theories
wherein crimes that are economic and social in nature should be who caused injury to another. He is not criminally liable.
dealt in a positive manner. The law is thus more compassionate.
Requisites of mistake of fact :
1. that the act done would have been lawful had the facts been as
BOOK 1 GENERAL PROVISION
the accused believed them to be;
ART. 2: APPLICATION OF ITS PROVISIONS RULES 2. intention of the accused is lawful;
3. mistake must be without fault of carelessness
1. Philippine vessel – Philippine law shall apply to offenses committed
in vessels registered with MARINA (Philippine Bureau of Customs,
for old concepts). It is the registration, not the citizenship of the owner MALA IN SE MALA PROHIBITA
which matters. Violations of the RPC Violations of special laws
the act is inherently evil or bad or the act is not inherently evil or
per se wrongful bad or per se wrongful, but is

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 CLJ Module 1

wrong because it is prohibited by STAGES OF EXECUTION

law 1. CONSUMMATED – when all the elements necessary for its execution
and accomplishment are present.
INTENT – is the purpose to use a particular means to effect a result. An
element of crime except in crimes committed with culpa. It is essential in 2. FRUSTRATED
intentional felonies. a. offender performs all acts of execution
b. all these acts would produce the felony as a consequence
MOTIVE – the moving power which impels one to act. It is NOT an element c. BUT the felony is NOT produced
of crime. It is essential only when the identity of the felon is in doubt. d. by reason of causes independent of the will of the perpetrator

ART. 4: CRIMINAL LIABILITY 3. ATTEMPTED

a. offender commences the felony directly by overt acts
Criminal liability may b. does not perform all acts which would produce the felony
be incurred through: c. his acts are not stopped by his own spontaneous desistance

A. Proximate cause B. Impossible Crime ATTEMPTED FELONY FRUSTRATED FELONY

Offender has not accomplished his criminal purpose
Only commenced the Has performed all the acts of
commission of an act directly by execution
A. By any person committing a felony (delito) although the wrongful act overt acts but did not perform all
done be different from that which he intended. (Proximate cause the acts of execution
doctrine) The offender has not passed the The offender has reached the
subjective phase objective phase
Requisites:
1. Felony has been committed intentionally SUBJECTIVE PHASE – that portion of execution of the crime starting from
2. Injury or damage done to the other party is the direct, natural and the point where the offender begins up to that point where he still have
logical consequence of the felony. control over his acts.

PROXIMATE CAUSE – the cause, which in the natural and continuous OBJECTIVE PHASE – the offender has performed until the last act and
sequence unbroken by any efficient intervening cause, produces the is no longer in control of its natural course
injury, without which the result would not have occurred.
Note: If the subjective phase has not yet passed, the felony would be a
Note: Hence, since he is still motivated by criminal intent, the offender is mere attempt. If it is already passed, but the felony is not produced, it is
criminally liable in: frustrated.
1. Error in personae – mistake in identity
2. Abberatio ictus – mistake in blow attempted stage frustrated stage consummated stage
3. Praeter intentionem – lack of intent to commit so grave a
wrong (subjective phase) (objective phase)

B. By any person performing an act which would be an offense against Crimes, which do not admit of Frustrated and Attempted Stages
persons or property, were it not for the inherent impossibility of its 1. Offenses punishable by Special Penal Laws, unless the law provides
accomplishment or an account of the employment of inadequate or otherwise
ineffectual means. (Impossible Crime) 2. Formal crimes – consummated in one instance (Ex: slander, adultery,
etc.)
IMPOSSIBLE CRIME 3. Impossible Crimes
Requisites: 4. Crimes consummated by mere attempt (Ex: attempt to flee to an
1. Act would have been an offense against persons or property; enemy country, treason, corruption of minors)
2. There was criminal intent; 5. Felonies by omission
3. Accomplishment is inherently impossible; or inadequate or ineffectual 6. Crimes committed by mere agreement (Ex: betting in sports:
means are employed; “ending,” corruption of public officers)
4. Act is not an actual violation of another provision of the Code or of
special law. Crimes which do not admit of Frustrated Stage
1. Rape
Impossible crime occurs when there is: 2. Bribery
1. Inherent impossibility to commit the crime 3. Corruption of Public Officers
2. Inadequate means to consummate the crime 4. Adultery
3. Ineffectual means to consummate the crime 5. Physical Injury

UNCONSUMMATED FELONY IMPOSSIBLE CRIMES FORMAL CRIMES MATERIAL CRIMES

Intent is not accomplished Consummated in one instant, no There are three stages
Intent of the offender has Intent of the offender cannot be attempt
possibility of accomplishment accomplished
Accomplishment is prevented by Intent cannot be accomplished ART.7: WHEN LIGHT FELONIES ARE PUNISHABLE
the intervention of certain cause because it is inherently General rule: Punishable only when they have been consummated
of accident in which the offender impossible to accomplish or
had no part because the means employed by Exception: Even if not consummated, if committed against persons or
the offender is inadequate or property.
ineffectual Ex: slight physical injuries, theft, alteration of boundary marks, malicious
mischief, and intriguing against honor.
ART. 6: CONSUMMATED, FRUSTRATED, AND ATTEMPTED
FELONIES

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Note: In light felonies, only principals and accomplices are liable;

accessories are NOT liable even if committed against persons or Exception: There is civil liability with respect to par. 4 where the liability
property. is borne by persons benefited by the act.

ART. 8: CONSPIRACY AND PROPOSAL TO COMMIT FELONY Par. 1: Self-defense

CONSPIRACY Elements:
Requisites: 1. Unlawful Aggression
1. Two or more persons come to an agreement 2. Reasonable necessity of the means employed to prevent or repel it
2. For the commission of a felony 3. Lack of sufficient provocation on the part of the person defending
3. And they decide to commit it himself

2 KINDS OF CONSPIRACY
1. Conspiracy as a crime in itself
- mere conspiracy is punishable
only when the law expressly
punishes it.
Examples:
a. conspiracy to commit treason
b. conspiracy to commit rebellion
c. conspiracy to commit arson
d. conspiracy to commit terrorism
2. Conspiracy as a basis of
incurring criminal liability
- there must be an overt act done
before the co-conspirators
become criminally liable
PROPOSAL TO COMMIT A FELONY
Requisites:
1. A person has decided to commit a felony
2. And proposes its execution to some other person or persons
2 WAYS OF COMMITTING
CONSPIRACY
1. Express – there is an express
agreement
2. Implied – the offenders acted
in concert in the commission of
the crime. Their acts are
coordinated or synchronized
Note: Unlawful aggression refers to actual physical assault, or at least a
threat to inflict real imminent injury, upon a person. It must neither be
merely speculative nor must it be just threatening or intimidating attitude.
Kinds of Self-Defense
1. Self-defense of chastity – there must be an attempt to rape the victim
2. Defense of property – must be coupled with an attack on the person
of the owner, or on one entrusted with the care of such property.
3. Self-defense in libel – justified when the libel is aimed at a person’s
good name.
STAND GROUND WHEN IN THE RIGHT - the law does not require a
person to retreat when his assailant is rapidly advancing upon him with a
deadly weapon.
Note:
1. A slap on the face is considered as unlawful aggression since the face
represents a person and his dignity. It is a serious personal attack; a
physical assault, coupled with a willful disgrace, and may therefore be
frequently regarded as placing in real danger a person’s dignity and rights.
2. There is no unlawful aggression in agreeing to fight.

BASIS CONSPIRACY PROPOSAL Par. 2 Defense of Relative

As to its Exists when two or There is proposal Elements:
existence more persons come to when the person who 1. Unlawful aggression(indispensable requirement)
an agreement has decided to commit 2. Reasonable necessity of the means employed to prevent or repel it
concerning the a felony proposes its 3. In case the provocation was given by the person attacked, the one
commission of a execution to some making the defense had no part in such provocation.
felony and decide to other person or
commit it persons Relatives which can be defended under this paragraph:
As to its Once the proposal is Proposal is true only a. Spouse
occurrence accepted, a up to the point where b. Ascendants
conspiracy arises the party to whom the c. Descendants
proposal was made d. Legitimate, natural, adopted brother or sister
has not yet accepted e. Relatives by affinity in the same degrees (in-laws)
the proposal f. Relatives by consanguinity within the 4th degree (blood relatives)
As to the number Conspiracy is Proposal is unilateral,
of parties bilateral. It requires one party makes a Par. 3 Defense of Stranger
two parties proposition to the Elements:
other 1. Unlawful aggression (indispensable requirement)
2. Reasonable necessity of the means employed to prevent or repel it
ART. 9: GRAVE FELONIES, LESS GRAVE FELONIES AND LIGHT 3. Person defending be not induced by revenge, resentment or other
FELONIES evil motive
Penalties (imprisonment):
1. Grave felonies – afflictive penalties: 6 yrs. and 1 day to reclusion Par. 4 State of Necessity (Avoidance of Greater Evil or Injury)
perpetua (consisting of Prision Mayor, Reclusion Temporal, Elements:
Reclusion Perpetua) 1. Evil sought to be avoided actually exists
2. Less grave felonies – correctional penalties: 1 month and 1 day to 6 2. Injury feared be greater than that done to avoid it
years (consisting of Arresto Mayor, Prision Correccional) 3. No other practical and less harmful means of preventing it
3. Light felonies - 1 day to 30 days (consisting of Arresto Menor)
Par. 5 Fulfillment of Duty or Lawful Exercise of a Right or Office
Chapter Two: JUSTIFYING CIRCUMSTANCES Elements:
AND CIRCUMSTANCES, WHICH EXEMPT FROM CRIMINAL 1. Accused acted in the performance of duty or in the lawful exercise of
LIABILITY a right or office

ART.11. JUSTIFYING CIRCUMSTANCES 2. The injury caused or offense committed be the necessary
– where the act of a person is in accordance with law such that said person consequence of the due performance of the duty, or the
is deemed not to have violated the law. lawful exercise of such right or office

General Rule: No criminal and civil liability incurred.

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Par. 6 Obedience to a Superior Order Par. 3 Person Over 9 and Under 15 Acting Without Discernment – were
Elements: already been amended.
1. An order has been issued
2. Order has a lawful purpose (not patently illegal) SUMMARY OF RULES CORRESPONDING LIABILITY BASED
3. Means used by subordinate to carry out said order is lawful ON AGE AND DISCERNMENT
- 15 or under regardless of Exempt but shall undergo
ART. 12: CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL discernment intervention
LIABILITY - Above 15 but below 18 Exempt but shall undergo
without discernment intervention
EXEMPTING CIRCUMSTANCES – grounds for exemption from - Above 15 but below 18 with Subject to mitigated criminal
punishment because there is wanting in the agent of the crime any of the discernment liability but shall undergo
conditions which make the act voluntary or negligent. diversion program
- At least 18 Subject to criminal liability
Basis: The exemption from punishment is based on the complete absence
of intelligence, freedom of action, or intent, or on the absence of
Par. 4 Accident Without Fault or Intention of Causing It
negligence on the part of the accused.
Elements:
1. A person is performing a lawful act
Burden of proof: Any of the circumstances is a matter of defense and must
2. With due care
be proved by the defendant to the satisfaction of the court.
3. He causes injury to another by mere accident
4. Without fault or intention of causing it.
Par. 1 Imbecility or Insanity
Par. 5 Irresistible Force
IMBECILE INSANE
Elements:
one while advanced in age has a one who acts with complete 1. The compulsion is by means of physical force.
mental development comparable deprivation of intelligence/reason 2. The physical force must be irresistible.
to that of children between 2 and or without the least discernment 3. The physical force must come from a third person.
7 years old. He is exempt in all or with total deprivation of
cases from criminal liability. freedom of will. Mere abnormality Par. 6 Uncontrollable Fear
of the mental faculties will not Elements:
exclude imputability. 1. The threat which causes the fear is of an evil greater than, or at least
equal to, that which he is required to commit.
General Rule: An insane is exempt from criminal liability 2. It promises an evil of such gravity and imminence that an ordinary
Exception: The act was done during a lucid interval (nasa katinuan) man would have succumbed to it.

TIMING OF INSANITY AND ITS EFFECTS IRRESISTIBLE FORCE UNCONTROLLABLE FEAR

Immediately before or at the
precise moment commission
of the crime
After commission of crime or
during trial
After judgment or while
serving sentence
Exempt from liability
Proceedings will be suspended
and accused is committed to a
hospital for mandatory treatment
until he could understand the
proceedings
Execution of judgment is
suspended with regard only to
personal penalty; the accused is
committed to a hospital. The
period of confinement in the
hospital is counted for the
purpose of prescription of
penalty.
As to offender’s act
Offender uses violence or Offender employs intimidation or
physical force to compel another threat in compelling another to
person to commit a crime commit a crime
As to whom the act is directed
Must have been made to operate May be generated by a
directly upon the person of the threatened act directed to a 3 rd
accused person
As to the act feared
The injury feared may be of a The evil feared must be greater
lesser degree than the damage or at least equal to the damage
caused by the accused caused to avoid it
DURESS – use of violence or physical force
Par 7. Insuperable cause

Par. 2 Under nine years of age INSUPERABLE CAUSE – some motive, which has lawfully, morally or
physically prevented a person to do what the law commands.
Requisite: Offender is under 9 years of age at the time of the commission Elements:
of the crime. There is absolute criminal irresponsibility in the case of a 1. An act is required by law to be done.
minor under 9 years of age. (This provision has already been repealed 2. A person fails to perform such act.
by RA 9344) 3. His failure to perform such act was due to some lawful or insuperable
cause.
Note: Under R.A. 9344 or the Juvenile Justice And Welfare Act a minor
15 years and below is exempt from criminal liability. ABSOLUTORY CAUSES – where the act committed is a crime but for
some reason of public policy and sentiment, there is no penalty imposed.
Par. 3 Person Over 9 and Under 15 Acting Without Discernment Exempting and justifying circumstances are absolutory causes.

DISCERNMENT – mental capacity to fully appreciate the consequences Examples of such other circumstances are:
of the unlawful act, which is shown by the: 1. Spontaneous desistance (Art. 6)
- manner the crime was committed 2. Accessories exempt from criminal liability (Art. 20)
- conduct of the offender after its commission 3. Death or physical injuries inflicted under exceptional circumstances
(Art. 247)
Note: Under R.A. 9344, a minor over 15 but below 18 who acted without 4. Persons exempt from criminal liability from theft, swindling, malicious
discernment is exempt from criminal liability. The provisions of the RPC – mischief (Art 332)
5. Instigation
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Note: Entrapment is NOT an absolutory cause. A buy-bust operation PROVOCATION AS PROVOCATION AS

conducted in connection with illegal drug-related offenses is a form of REQUISITE OF INCOMPLETE MITIGATING CIRCUMSTANCE
entrapment. SELF-DEFENSE
It requires its absence on the It requires its presence on the
ENTRAPMENT INSTIGATION part of the person defending part of the offended party
As to nature himself
Employment of ways and means Means luring the accused into a
in order to trap or capture the crime that he otherwise had no Requisites:
lawbreaker in the execution of intention to commit in order to 1. Provocation must be sufficient
his criminal plan. prosecute him 2. It must originate from the offended party
As to origin of criminal intent 3. Must be immediate to the commission of the crime by the person who
Originates from the mind of the Originates from the inducer and is provoked
accused and the law enforcers not from the accused who had no
merely facilitate the such intention and would not Note: Threat should not be offensive and positively strong. Otherwise, it
apprehension of the criminal have committed it were not for would be an unlawful aggression, which may give rise to self-defense and
through schemes. the prodding of the inducer thus no longer a mitigating circumstance.
As to criminal liability
Does not bar prosecution and Leads to the acquittal of the Par. 5 Vindication of grave offense
conviction accused. Requisites:
1. A grave offense done to the one committing the felony, his spouse,
Chapter Three: CIRCUMSTANCES WHICH MITIGATE CRIMINAL ascendants, descendants, legitimate, natural or adopted brothers or
LIABILITY sisters or relatives by affinity within the same degrees
2. The felony is committed in immediate vindication of such grave
ART. 13: MITIGATING CIRCUMSTANCES offense

MITIGATING CIRCUMSTANCES – those which if present in the Par. 6 Passion or Obfuscation

commission of the crime reduces the penalty of the crime but does not Requisites:
erase criminal liability nor change the nature of the crime 1. Offender acted upon an impulse
2. The impulse must be so powerful that it naturally produced passion
Kinds: or obfuscation in him
1. Privilege – It cannot be offset by any aggravating circumstance. It has
the effect of reducing the penalty to 1 or 2 degrees lower. Note: There is passion or obfuscation when the crime was committed due
2. Ordinary – It can be offset by ordinary aggravating circumstance. If to an uncontrollable burst of emotion provoked by prior unjust or improper
not offset, it reduces the penalty in its minimum period. acts due to legitimate or lawful sentiment so powerful as to overcome
reason.
Par. 1 Incomplete Justifying or Exempting Circumstances
When all the requisites necessary to justify the act or to exempt from PASSION PROVOCATION VINDICATION
criminal liability in the respective cases are not attendant. As to source
Act on the part of Provocative act Grave offense
Par. 2 Under 18 or Over 70 Years Old the offended party (which need not be a committed by the
which is unlawful grave offense) of the offended party against
LEGAL EFFECTS OF AGE OF THE OFFENDER and sufficient to offended party made the offender, or the
excite directly only to the latter’s relatives as
- 15 and below Exempt from liability
passion/obfuscation offender mentioned by law
- Above 15 but under 18
Either exempting or mitigating on the offender
As to interval of time
Full criminal responsibility, but a
convict aged 70 may be Commission of the Provocation must Vindication may be
pardoned for a felony he crime need not be immediately precede proximate, which
- 18 years or above up to 70 committed before or while immediately the act, that there be requires that interval
years serving a previous felony or preceded by no interval of time of time between the
offense, subject to the condition unlawful or unjst between the grave offense and the
that he is not a habitual act; it is only provocation and commission of the
delinquent required that the commission of crime crime must not be
Ordinary mitigating; also known influence thereof sufficient for the latter
as senility, which entitles the lasts until the to regain composure
- Over 70 years moment the crime or his moral
convict to pardon under Art. 160
of the is committed equanimity

Par. 7 Surrender and Confession of Guilt

Par. 3 No Intention to Commit so Grave a Wrong (Praeter
Requisites of voluntary surrender:
Intentionem)
1. The offender has not been arrested
2. The offender surrendered himself to a person in authority or to the
Factors that can be considered are:
latter’s agent
1. Weapon used
3. The offender should surrender voluntarily
2. Injury inflicted
3. Part of the body injured
WHEN IS SURRENDER VOLUNTARY?
4. Mindset of offender at the time of commission of crime
✓ Must be:
1. Spontaneous, showing the intent of the accused to submit him
Par. 4 Provocation or Threat
unconditionally to the authorities, either because:
a. He acknowledges his guilt; or
PROVOCATION – any unjust or improper conduct or act of the offended
b. He wishes to save them the trouble and expense
party, capable of exciting, inciting or irritating anyone.
necessarily incurred in his search and capture.
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PERSON IN AUTHORITY – public authority or person who is directly KINDS OF AGGRAVATING CIRCUMSTANCES
vested with jurisdiction and has the power to govern and execute the laws 1. Generic - those which apply to all crimes
Examples: 2. Specific - those which apply only to specific crimes,
1. Governor 3. Qualifying - those that change the nature of the crime
2. Mayor 4. Inherent - which of necessity accompany the commission of the
3. Barangay captain/ chairman crime, therefore not considered in increasing the penalty to be
4. Councilors imposed
5. Government agents 5. Special - those which arise under special conditions to increase the
6. Chief of Police penalty of the offense and cannot be offset by mitigating
circumstances.
Note: A teacher or professor of a public or recognized private school is
not a “public authority within the contemplation of this paragraph. While he ART. 14: AGGRAVATING CIRCUMSTANCES
is a person in authority under Art. 152, that status is only for purposes of
Art. 148 (direct assault) and Art. 152 (resistance and disobedience). Par. 1. That advantage be taken by the offender of his public position
Requisites:
AGENT – subordinate public officer charged w/ the maintenance of public 1. Offender is public officer
order and protection and security of life and property 2. Public officer must use the influence, prestige, or ascendancy which
Ex: barrio vice lieutenant, barrio councilman his office gives him as means to realize criminal purpose.

Requisites of voluntary confession: Par. 2. That the crime be committed in contempt of or with insult to
1. The offender spontaneously confessed his guilt public authorities
2. The confession of guilt was made in open court Requisites:
3. The confession of guilt was made prior to the presentation of 1. That the public authority is engaged in the exercise of his functions.
evidence by the prosecution 2. That he who is thus engaged in the exercise of said functions is not
the person against whom the crime is committed.
Par. 8 Physical Defect of Offender 3. The offender knows him to be a public authority.
The offender is deaf and dumb, blind or otherwise suffering from some 4. His presence has not prevented the offender from committing the
physical defect, restricting his means of action, defense or communication criminal act.
with others.
Par. 3. That the act be committed
Note: 1. With insult or in disregard of the respect
1. The law says that the offender is deaf AND dumb, meaning he must 2. Due the offended party on account of his (a)rank, (b) age, or (c) sex
be both. or
2. Blind which means both eyes. 3. That it be committed in the dwelling of the offended party, if the latter
3. But as long his physical defects restricts his means of has not given provocation
communication or defense, he is still entitled to mitigating
circumstance. RANK AGE SEX DWELLING
The – may refer refers to . must be a building or
Par. 9 Illness of the Offender designation or to old age or the female structure exclusively
Requisites: title of the tender sex, not to used for rest and
1. The illness of the offender must diminish the exercise of his will- distinction age of the the male comforts
power. used to fix the victim. sex (combination of
2. Such illness should not deprive the offender of consciousness of his relative house and store not
acts. position of the included), may be
offended party temporary as in the
Par. 10 Similar and Analogous Circumstances in reference to case of guests in a
Any other circumstance of a similar nature and analogous to those above others (There house or bedspacers.
mentioned. must be a It includes
difference in dependencies, the
1. The act of the offender leading the law enforcers to the place where the social foot of the staircase
he buried the instrument of the crime is equivalent to voluntary condition of and the enclosure
surrender; the offender under the house
2. Stealing by a person who is driven to do so out of extreme poverty is and the
considered as analogous to incomplete state of necessity, unless he offended
became impoverished because of his own way of living his life party).
3. Voluntary restitution of property is similar to voluntary surrender
4. Testifying for the prosecution without being discharged from the Par. 4. That the act be committed with:
information is like a plea of guilty 1. abuse of confidence or
5. Outraged feeling of the owner of animal taken for ransom is 2. obvious ungratefulness
analogous to vindication of grave offense
Requisites of Abuse of Confidence:
Chapter Four: CIRCUMSTANCES WHICH AGGRAVATE 1. That the offended party had trusted the offender.
CRIMINAL LIABILITY 2. That the offender abused such trust by committing a crime against
the offended party.
AGGRAVATING CIRCUMSTANCES – Those which, if attendant in the 3. That the abuse of confidence facilitated the commission of the crime.
commission of the crime, serve to have the penalty imposed in its
maximum period provided by law for the offense or those that change the Note: The confidence between the offender and offended must be
nature of the crime. personal and immediate, as would give the accused the advantage or
make it easier for him to commit the crime.
BASIS: The greater perversity of the offender manifested in the
commission of the felony. ABUSE OF CONFIDENCE IS INHERENT IN:
1. Malversation

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 CLJ Module 1

2. Qualified theft, but the abuse must be of grave character 1. That the offender is on trial for an offense;
3. Estafa by conversion or misappropriation 2. That he was previously convicted by final judgment of another crime;
4. Qualified seduction 3. That both the first and the second offenses are embraced in the same
title of the Code;
Requisites of Obvious Ungratefulness: 4. That the offender is convicted of the new offense.
1. The offended party has trusted the offender.
2. Abused such trust by committing a crime against the offended party. Par. 10. That the offender has been previously punished for an
3. The act be committed with obvious ungratefulness. offense to which the law attaches an equal or greater penalty or for
two or more crimes to which it attaches a lighter penalty.
Par. 5. That the crime be committed: Requisites of Reiteracion Or Habituality:
1. In the palace of the Chief Executive; or 1. That the accused is on trial for an offense;
2. In his presence; or 2. That he previously served sentence for another offense to which the
3. Where public authorities are engaged in the discharge of their duties, law attaches an a) Equal or b) Greater penalty, or c) For two or more
or in a place dedicated to religious worship. crimes to which it attaches a lighter penalty than that for the new
offense; and
Note: Actual performance of duties is not necessary when crime is 3. That he is convicted of the new offense
committed in the palace or in the presence of the Chief Executive.
The four forms of repetition are:
Par. 6. That the crime be committed:
1. In the nighttime, or RECIDIVISM REITERACION HABITUAL QUASI-
2. In an uninhabited place, or (HABITUALITY) DLINQUENCY RECIDIVISM
3. By a band, (par. 9, Art. (par. 10, Art. 14) (Art.62, par, 5) (Art. 160)
4. Whenever such circumstance may facilitate the commission of the 14)
offense Where the Where a Where a
Where a offender has person within a person
Note: When present in the same case and their element are distinctly person, on been previously period of ten commits felony
palpable and can subsist independently, they shall be considered separate punished for an years from the before
separately. occasions, is offense to which date of his beginning to
convicted of the law attaches release or last serve or while
NIGHTTIME (nocturnidad) – that period of darkness beginning at the end two offenses an equal or conviction of serving
of dusk and ending at dawn. embraced in greater penalty or the crimes of sentence on a
the same title for two crimes to serious or less previous
Note: Commission of the crime must begin and be accomplished in the in the RPC. which it attaches serious conviction for a
nighttime. When the place of the crime is illuminated by light, nighttime is This is a a lighter penalty. physical felony. This is
not aggravating. It is not considered aggravating when the crime began at generic This is a generic injuries, a special
daytime. aggravating aggravating robbery, theft, aggravating
circumstance. circumstance. estafa or circumstance.
General Rule: Nighttime is absorbed in treachery falsification, is
Exception: Where both the treacherous mode of attack and nocturnity found guilty of
were deliberately decided upon in the same case, they can be considered the said crimes
separately if such circumstances have different factual bases. a third time or
oftener. This is
UNINHABITED PLACE (despoblado) – one where there are no houses at an
all, a place at a considerable distance from town, where the houses are extraordinary
scattered at a great distance from each other. aggravating
circumstance.
BAND (en cuadrilla) – whenever there are more than 3 armed malefactors
that shall have acted together in the commission of an offense. Note: Since reiteracion provides that the accused has duly served the
sentence for his previous conviction/s, or is legally considered to have
Par. 7. That the crime be committed on the occasion of a done so, quasi-recidivism cannot at the same time constitute reiteracion,
conflagration, shipwreck, earthquake, epidemic or other calamity or hence this aggravating circumstance cannot apply to a quasi-recidivist.
misfortune.
Requisites: Par. 11. That the crime be committed in consideration of price,
1. The crime was committed when there was a calamity or misfortune reward or promise.
2. The offender took advantage of the state of confusion or chaotic Requisites:
condition from such misfortune 1. There are at least 2 principals:
a. The principal by inducement (one who offers)
Par. 8.That the crime be committed with the aid of b. The principal by direct participation (accepts)
1. Armed men; or 2. The price, reward, or promise should be previous to and in
2. Persons who insure or afford impunity consideration of the commission of the criminal act.
Requisites:
1. That armed men or persons took part in the commission of the crime, Par. 12. That the crime be committed by means of inundation, fire,
directly or indirectly. poison, explosion, stranding of a vessel or intentional damage
2. That the accused availed himself of their aid or relied upon them thereto, derailment of a locomotive, or by use of any artifice
when the crime was committed. involving great waste and ruin

Par. 9. That the accused is a recidivist Note: The circumstances under this paragraph will only be considered as
aggravating if and when they are used by the offender as a means to
RECIDIVIST – one who at the time of his trial for one crime, shall have accomplish a criminal purpose.
been previously convicted by final judgment of another crime embraced in
the same title of the RPC. Par. 13. That the act be committed with evident premeditation
Requisites: Requisites: The prosecution must prove –

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 CLJ Module 1

1. The time when the offender determined to commit the crime; IGNOMINY – is a circumstance pertaining to the moral order, which adds
2. An act manifestly indicating that the culprit has clung to his disgrace and obloquy to the material injury caused by the crime.
determination; and
3. A sufficient lapse of time between the determination and execution, Par. 18. That the crime be committed after an unlawful entry.
to allow him to reflect upon the consequences of his act and to allow
his conscience to UNLAWFUL ENTRY - when an entrance is effected by a way not intended
Overcome the resolution of his will. for the purpose.

WHAT IS THE ESSENCE OF PREMEDITATION? Par. 19. That as a means to the commission of a crime, a wall, roof,
✓ The execution of the criminal act must be preceded by cool floor, door, or window be broken.
thought and reflection upon the resolution to carry out the
criminal intent during the space of time sufficient to arrive at a Note: Applicable only if such acts were done by the offender to effect
calm judgment. ENTRANCE. If the wall, etc., is broken in order to get out of the place, it is
not an aggravating circumstance.
Par. 14. That (1) craft, (2) fraud, or (3) disguise be employed.
Requisite: Par. 20. That the crime be committed
a. The offender must have actually used craft, fraud, or disguise to 1. With the aid of persons under fifteen (15) years of age, or
facilitate the commission of the crime. 2. By means of motor vehicles, airships, or other similar means.

CRAFT FRAUD (fraude) DISGUISE (disfraz) Par. 21. That the wrong done in the commission of the crime be
(astucia) deliberately augmented by causing other wrong not necessary for its
involved the use insidious words or resorting to any commission
of intellectual machinations used to device to conceal
trickery or induce the victim to identity CRUELTY – there is cruelty when the culprit enjoys and delights in making
cunning on the act in a manner which his victim suffer slowly and gradually, causing unnecessary physical pain
part of the would enable the in the consummation of the criminal act.
accused. A offender to carry out Requisites:
chicanery his design 1. That the injury caused be deliberately increased by causing other
resorted to by wrong;
the accused to 2. That the other wrong be unnecessary for the execution of the purpose
aid in the of the offender.
execution of his
criminal design. Note: In order for it to be appreciated, there must be positive proof that
It is employed as the wounds found on the body of the victim were inflicted while he was still
a scheme in the alive to unnecessarily prolong physical suffering.
execution of the
crime IGONOMINY CRUELTY
Refers to the moral effect of a Refers to the physical suffering
Par. 15. That (1) advantage be taken of superior strength, or (2) crime and it pertains to the moral of the victim purposely intended
means be employed to weaken the defense. order, whether or not the victim is by the offender
dead or alive
Note: It contemplates two aggravating circumstances, either of which
qualifies a killing to murder.
Chapter Five: ALTERNATIVE CIRCUMSTANCES
Par. 16. That the act be committed with treachery (alevosia)
Requisites: ALTERNATIVE CIRCUMSTANCES – Those whichmust be taken into
1. That at the time of the attack, the victim was consideration as aggravating or mitigating according to the nature and
2. Not in a position to defend himself; and effects of the crime and the other conditions attending its commission.
3. That the offender consciously adopted the particular means, method
or form of attack employed by him. ART.15 CONCEPT OF ALTERNATIVE CIRCUMSTANCES
BASIS: The nature and effects of the crime and the other conditions
TREACHERY – refers to the employment of means, methods, or form in attending its commission.
the commission of the crime against persons which tend directly and
specially to insure its execution without risk to himself arising from the THE ALTERNATIVE CIRCUMSTANCES ARE
defense which the offended party might make. 1. Relationship;
2. Intoxication; and
Note: The essence of this qualifying circumstance is the suddenness, 3. Degree of instruction and education of the offender.
surprise, and the lack of expectation that the attack will take place, thus,
depriving the victim of any real opportunity for self-defense while ensuring RELATIONSHIP – The alternative circumstance of relationship shall be
the commission of the crime without risk to the aggressor. taken into consideration when the offended party is the – Spouse,
Ascendant, Descendant, Legitimate, natural, or adopted brother or sister,
TREACHERY ABSORBS or Relative by affinity in the same degree of the offender.
1. Craft
2. Abuse of superior strength
3. Employing means to weaken the defense
4. Cuadrilla (“band”) INTOXICATION
5. Aid of armed men 1. Mitigating –
6. Nighttime • If intoxication is not habitual, or
• If intoxication is not subsequent to the plan to commit a felony.
Par. 17. That means be employed or circumstances brought about
which add ignominy to the natural effects of the act 2. Aggravating –
• If intoxication is habitual, or
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 CLJ Module 1

• If it is intentional (subsequent to the plan to commit a felony). ART.19 ACCESSORIES

Accessories are those who:
INSTRUCTION OR EDUCATION 1. Having knowledge of the commission of the crime, and
1. As an alternative circumstance it does not refer only to literacy but 2. Without having participated therein either as principals or
more to the level of intelligence of the accused. accomplices, take part subsequent to its commission in any of the
2. Refers to the lack or presence of sufficient intelligence and following acts:
knowledge of the full significance of one’s acts. a. By profiting themselves or assisting the offender to profit by the
3. Low degree of instruction and education or lack of it is generally effects of the crime or assisting the offender to profit by the
mitigating. High degree of instruction and education is aggravating, effects of the crime;
when the offender took advantage of his learning in committing the b. By concealing or destroying the body of the crime to prevent its
crime. discovery;
c. Harboring, concealing or assisting in the escape of the principal
General Rule: Lack of sufficient education is mitigating. of the crime.
Exceptions:
1. Crimes against property (e.g. arson, estafa, theft, robbery) PD 1612 – THE ANTI-FENCING LAW OF 1979
2. Crimes against chastity, and
3. Treason – because love of country should be a natural feeling of FENCING – is an act, with intent to gain, of buying, selling, receiving,
every citizen, however unlettered or uncultured he may be. possessing, keeping, or in any other manner dealing in anything of value
which a person knows or should have known to be derived from the
Title Two: PERSONS CRIMINALLY LIABLE FOR FELONIES proceeds of the crime of robbery or theft.

ART.16 WHO ARE CRIMINALLY LIABLE – Principals, FENCE– is a person who commits the act of fencing. A fence who receives
Accomplice, Accessory stolen property as above provided is not an accessory but a principal in
the crime defined in and punished by the Anti-Fencing Law.
Note: Those accessories are not liable for light felonies. REASON: In the
commission of light felonies, the social wrong as well as the individual PD 1612 (FENCING) ACCESSORY BY PROFITING
prejudice is so small that penal sanction is unnecessary. Fencing is limited to theft and Not limited in scope
robbery. The terms theft and
ART.17 PRINCIPALS robbery are used as generic
THREE TYPES OF PRINCIPALS: terms to any kind of unlawful
1. Principal by DIRECT PARTICIPATION (par.1) taking.
- Those who take a direct part in the execution of the act. Mere possession of stolen items There is no presumption of being
creates a presumption of fencing an accessory
Note: The principal by direct participation must be at the scene of the Fencing is a principal crime in It is necessary to prove that the
commission of the crime, personally taking part in its execution, and if itself. There is no need to prove principal committed the crime.
there is conspiracy, although he was not present in the scene, he is equally that one is guilty of theft or Hence, before an accessory
liable as a principal by direct participation. robbery. could be held liable the principal
must have been convicted first of
2. Principal by INDUCTION/INDUCEMENT (par.2) the crime.
- Those who directly force or induce others to commit it. Malum prohinitum Malum in se
The fence may be a firm, The accessory must be a natural
Note: The inducement must be the determining cause of the commission association, corporation or other person.
of the crime by the principal by direct participation, that is, without such organization.
inducement the crime will not be committed.
ART.20 ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL
WAYS TO INDUCE LIABILITY
a. Directly forcing another to commit a crime by using irresistible force An accessory is exempt from criminal liability when the principal is
or causing uncontrollable fear; his:
b. Directly inducing another to commit a crime by giving price, offering, 1. Spouse, or
reward, or promise, or by using words of command. 2. Ascendant, or
3. Descendant
3. Principal by INDISPENSABLE COOPERATION (par.3) 4. Legitimate, natural or adopted brother, sister\or relative by affinity
-Those who cooperate in the commission of the offense by another within the same degree.
act without which it would not have been accomplished.
Note: Accessory is not exempt from criminal liability even if the principal
ART.18 ACCOMPLICES is related to him, if such accessory –
1. Profited by the effects of the crime, or
ACCOMPLICES - Persons who do not act as principals but cooperate in 2. Assisted the offender to profit by the effects of the crime.
the execution of the offense by previous and simultaneous acts, which are
not indispensable to the commission of the crime. They act as mere Note: P.D. 1829 penalizes the act of any person who knowingly or willfully
instruments that perform acts not essential to the perpetration of the obstructs, impedes, frustrates or delays the apprehension of suspects and
offense the investigation and prosecution of criminal cases.

Elements: Title Three PENALTIES

1. The community of criminal design, that is knowing the criminal design Chapter One: PENALTIES IN GENERAL
of the principal by direct participation, he concurs with the latter in his
purpose; PENALTY – suffering inflicted by the State for the transgression of a law.
2. The performance of previous or simultaneous acts which are not
indispensable (meaning his performance is dispensable) to the Different Juridical Conditions of Penalty
commission of the crime; and 1. Must be productive of suffering, without however affecting the
3. That there be relation between the acts done by the principal and integrity of the human personality.
those attributed to the person charged as accomplice.

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 CLJ Module 1

2. Must be commensurate with the offense – different crimes must be Prision Mayor and Temporary 6 years and 1 day to 12 years,
punished with different penalties Disqualification except when disqualification is
3. Must be personal – no one should be punished for the crime of an accessory penalty, in which
another. case its duration is that of the
4. Must be legal – it is the consequence of a judgment according to law. principal penalty
5. Must be certain – no one may escape its effects. Prision Correccional, 6 months and 1 day to 6 years,
6. Must be equal for all. Suspension, and Destierro except when suspensión is an
7. Must be correctional. accessory penalty, in which case
its duration is that of the principal
Theories Justifying Penalty penalty
1. Prevention – to prevent or suppress the danger to the State arising
from the criminal act of the offender. Arresto Mayor 1 month and 1 day to 6 Months
2. Self-defense – so as to protect society from the threat and wrong Arresto Menor 1 day to 30 days
inflicted by the criminal. Bond to keep the peace The period is discretionary on the
3. Reformation – the object of punishment in criminal cases is to correct court
and reform the offender.
4. Exemplarity – the criminal is punished to serve as an example to Note: Destierro is a principal, divisible and correctional penalty.
deter others from committing crimes.
5. Justice – that crime must be punished by the State as an act of ART. 29: PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED
retributive justice, a vindication of absolute right and moral law FROM TERM OF IMPRISONMENT
violated by the criminal.
Instances when accused undergoes preventive suspension:
Three-Fold Purpose of Penalty Under The Code 1. Offense is non-bailable
1. Retribution or expiation – the penalty is commensurate with the 2. Bailable but cannot furnish bail
gravity of the offense.
2. Correction or reformation – shown by the rules which regulate the RULE:
execution of the penalties consisting in deprivation of liberty. 1. Full Time: if the detention prisoner agrees voluntarily in writing to
3. Social defense – shown by its inflexible severity to recidivists and abide by the same disciplinary rules imposed upon convicted
habitual delinquents. prisoners
2. Four-fifths (4/5) of the time: if the detention prisoner does not agree
ART. 22 RETROACTIVE EFFECT OF PENAL LAWS to abide by the same disciplinary rules imposed upon convicted
prisoners. Except: Recidivist, Habitual Delinquent & Escapee.
General rule: Penal laws are applied prospectively.
Exception: When retrospective application will be favorable to the person ART 34: CIVIL INTERDICTION – Effects;
guilty of a felony; Provided that: Deprivation of the following rights:
1. The offender is NOT a habitual criminal (delinquent) under Art. 62(5); 1. Parental rights
2. The new or amendatory law does NOT provide against its 2. Guardianship over the ward
retrospective application. 3. Marital authority
4. Right to manage property and to dispose of the same by acts inter
EX POST FACTO LAW - An act which when committed was not a crime, vivos.
cannot be made so by statute without violating the constitutional inhibition
as to ex post facto laws. ART. 35: EFFECTS OF BOND TO KEEP THE PEACE

BILL OF ATTAINDER – A legislative act which inflicts punishment without Bond to keep the peace is different from bail bond which is posted for
trial. the provisional release of a person arrested for or accused of a crime.
Bond to keep the peace or for good behavior is imposed as a penalty in
ART. 23 EFFECT OF PARDON BY THE OFFENDED PARTY threats.
General rule: Pardon by the offended party does not extinguish the
criminal liability of the offender. REASON: A crime committed is an offense ART. 36: PARDON; ITS EFFECT
against the State. Only the Chief Executive can pardon the offenders. Pardon by the President – does not restore the right to public office or
suffrage except when both are expressly restored in the pardon. Nor does
Exception: Pardon by the offended party will bar criminal prosecution in it exempt one from civil liability or from payment of civil indemnity.
the following crimes:
1. Adultery and Concubinage Pardon by the offended party – does not extinguish criminal liability; may
2. Seduction, Abduction, Acts of Lasciviousness include offended party waiving civil indemnity and it should be done before
3. Rape (as amended by R.A. 8353) the institution of the criminal prosecution and extended to both offenders.

ART. 26: FINE: WHEN AFFLICTIVE, CORRECTIONAL, OR LIGHT ART. 37: COST; WHAT ARE INCLUDED
PENALTY Costs include:
1. Fees
FINE OLD AMOUNT NEW (RA 10951) 2. Indemnities, in the course of judicial proceedings
Afflictive Exceeds Php6, 000 Exceeds Php1, 200, 000
Correctional Php200 to Php6, 000 Php40, 000 to Php1, 200, 000 ART. 38: PECUNIARY LIABILITIES; ORDER OF PAYMENT
Light Less than Php200 Less than Php40, 000 Pecuniary liabilities of persons criminally liable, in the following order:
1. The reparation of the damage caused
Chapter Three: DURATION AND EFFECTS OF PENALTIES 2. Indemnification of the consequential damages
Section One. — Duration of Penalties 3. Fine
4. Costs of proceedings
PENALTY DURATION
Reclusion Perpertua 20 years and 1 day to 40 years
Reclusion Temporal 12 years and 1 day to 20 years

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 CLJ Module 1

ART. 39: SUBSIDIARY PENALTY offense being the necessary

Republic Act 10159 amended this provision and stated that “If the convict means to commit the other.
has no property with which to meet the fine, he shall be subject to a As to penalty
subsidiary personal liability at the rate of one day for each amount The penalty is for the most The penalty for the specified
equivalent to the highest minimum wage rate prevailing in the Philippines serious offense in the maximum combination of crimes is specific
at the time of the rendition of judgment of conviction by the trial court.” period
As to crimes charged
Note: When the penalty prescribed is imprisonment, it is the penalty If there is more than one count of There is just one composite
actually imposed by the Court, not the penalty provided for by the Code, the component crime forming crime to be charged, even if there
which should be considered in determining whether or not subsidiary part of the complex crime, the is more than one count of the
penalty should be imposed. first shall be complexed while the component crime such as
other counts may be treated as several rapes or several
RULES AS TO SUBSIDIARY PENALTY separate crime homicides accompanying the
1. If the penalty imposed is prisión correccional or arresto and fine – kidnapping
subsidiary imprisonment is not to exceed 1/3 of the term of the As to absorption
sentence, and in no case to continue for more than one year. Fraction If a light felony accompanies the If a light felony accompanies the
or part of a day, not counted. commission of the complex commission of the composite
2. When the penalty imposed is fine only – subsidiary imprisonment is: crime, the light felony may be offense, such light felony is
a. Not to exceed 6 months – if the culprit is prosecuted for grave subject to separate information absorbed
or less grave felony, and
b. Not to exceed 15 days – if prosecuted for light felony. ART. 70 SUCCESSIVE SERVICE OF SENTENCE
3. When the penalty imposed is higher than prisión correccional – no The Three-Fold Rule:
subsidiary imprisonment 1. Maximum duration of the convict’s sentence: 3 times the most severe
4. If the penalty imposed is not to be executed by confinement, but of penalty imposed
fixed duration – subsidiary penalty shall consist in the same 2. Maximum duration: shall not exceed 40 yrs
deprivations as those of the principal penalty, under the same rules 3. Subsidiary imprisonment: This shall be excluded in computing for the
as nos. 1, 2 and 3 above. maximum duration.
5. In case the financial circumstances of the convict should improve, he
shall pay the fine, notwithstanding the fact that the convict suffered Note: The penalties shall be satisfied according to the chronological order
subsidiary personal liability therefor. of the dates of the final judgment.
Chapter Four: APPLICATION OF PENALTIES Chapter Five: EXECUTION AND SERVICE OF PENALTIES
ART. 47: IN WHAT CASES THE DEATH PENALTY SHALL NOT BE ART. 79 SUSPENSION OF THE EXECUTION AND SERVICE OF THE
IMPOSED PENALTIES IN CASE OF INSANITY
RA 9346 – Abolished the Death Penalty Law INDETERMINATE SENTENCE LAW
(Act No. 4103 as amended by Act No. 4225)
ART.48 PENALTY FOR COMPLEX CRIMES
COMPLEX CRIME – Although there actually are two or more crimes, the Note: It applies to both violations of Revised Penal Code and special
law treats them as constituting only one- as there is only one criminal laws, and is based on the penalty actually imposed.
intent. Only one information needs be filed.
If the penalty is imposed by the RPC:
Two (2) Kinds Of Complex Crimes: 1. The Maximum Term – is that which could be properly imposed under
1. COMPOUND CRIME – single act constitutes 2 or more grave or less the RPC, considering the aggravating and mitigating circumstances.
grave felonies 2. The MinimumTerm – is within the range of the penalty one degree
Requisites: lower than that prescribed by the RPC, without considering the
a. that only one single act is performed by the offender circumstances.
b. that the single act produces 2 or more grave felonies
If the penalty is imposed by special penal law:
2. COMPLEX CRIME PROPER – when an offense is a necessary 1. The Maximum Term – must not exceed the maximum term fixed by
means for committing another said law.
Requisites: 2. The Minimum Term – must not be less than the minimum term
a. that at least 2 offenses are committed prescribed by the same.
b. that one or some of the offenses must be necessary to commit
the other PROBATION - a disposition under which a defendant after conviction and
c. that both or all the offenses must be punished under the same sentence is released subject to conditions imposed by the court and to the
statute supervision of a probation officer
PLURALITY OF CRIMES – consists in the successive execution by the ART. 83 SUSPENSION OF THE EXECUTION OF THE DEATH
same individual of different criminal acts upon any of which no conviction SENTENCE
has yet been declared. Death sentence commuted to Reclusion Perpetua:
a. Woman, while pregnant
CONTINUED CRIME – refers to a single crime consisting of a series of b. Woman, within 1 year, after delivery
acts but all arising from one criminal resolution. Although there is a series c. Person over 70 years of age
of acts, there is only one crime committed, so only one penalty shall be d. Convict who becomes insane after final sentence of death
imposed. has been pronounced
COMPLEX CRIME SPECIAL COMPLEX CRIME Title Four: EXTINCTION OF CRIMINAL LIABILITY
As to composition
It must be any 2 or more grave or The combination of the offenses ART. 89 HOW CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED
less grave felonies, or, one is fixed by law. 1. Death
11 CLJ/FERNANDEZ
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 CLJ Module 1

2. Service of Sentence period does not period interrupts the

3. Amnesty – is an act of the sovereign power granting oblivion or interrupt prescription prescription
general pardon. It wipes all traces and vestiges of the crime but does
not extinguish civil liability.
4. Absolute Pardon – Pardon is an act of grace proceeding from the ART. 94 PARTIAL EXTINCTION OF CRIMINAL LIABILITY
power entrusted with the execution of laws, which exempts the 1. Conditional pardon – contract between the sovereign power of the
individual from the punishment the law inflicts for the crime. executive and the convict
5. Prescription of Crime 2. Commutation – change in the decision of the court by the chief
6. By Prescription Of Penalty regarding the:
7. By Marriage of the Offended woman (art. 344) degree of the penalty by decreasing the length of the imprisonment
Crimes covered: or fine
a. Seduction 3. Parole – consists in the suspension of the sentence of a convict after
b. Abduction serving the minimum term of the indeterminate penalty, without
c. Acts of lasciviousness granting pardon, prescribing the terms upon which the sentence shall
Note: The marriage must be contracted in good faith. be suspended. In case his parole conditions are not observed, a
convict may be returned to the custody and continue to serve his
ART. 90 PRESCRIPTION OF CRIMES sentence without deducting the time that elapsed.
4. Good conduct allowance during confinement – Deduction for the term
CRIMES PUNISHABLE BY PRESCRIBES IN of sentence for good behavior
Death, Reclusion Perpetua or Reclusion 20 years
Temporal Title Five: CIVIL LIABILITY
Other afflictive penalties (Prision Mayor) 15 years
Correctional penalties (Prision Correccional) 10 years ART. 100: CIVIL LIABILITY OF A PERSON GUILTY OF FELONY
Arresto Mayor 5 years Dual Character Of The Crime As Against:
Light offenses 2 months 1. The state, because of the disturbance of peace and order
Libel 1 year 2. The private person injured, unless it involves the crime of treason,
Oral defamation and slander by deed 6 months rebellion, espionage, contempt and others where no civil liability
arises on the part of the offender either because there are no
ART. 92 WHEN AND HOW PENALTIES PRESCRIBE damages or there is no private person injured by the crime

PENALTY PRESCRIBES IN ART. 103: SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS

Death, Reclusion Perpetua 20 years Requisites:
1. The employer, teacher, person or corporation is engaged in any kind
Other afflictive penalties 15 years
of industry.
Correctional penalties 10 years
2. Any of their servants, pupils, workmen, apprentices or employees
Arresto Mayor 5 years
commits a felony while in the discharge of his duties.
Light offenses 1 year 3. The said employee is insolvent and has not satisfied his civil liability.

ART. 112: EXTINCTION OF CIVIL LIABILITY

BASIS PRESCRIPTION OF PRESCRIPTION OF
CRIME PENALTY Civil Liability Is Extinguished By:
As to right The forfeiture or loss The forfeiture or loss 1. Payment or performance
forfeited of the right of the State of the right to enforce 2. Loss of the thing due condonation or remission of the debt
to prosecute the penalty for the 3. Confusion or merger of the rights of creditor and debtor
crime committed 4. Compensation
As to penalty It is the penalty It is the penalty 5. Novation – is a substitution of a new for an old debt. The old debt is
considered prescribed by law that imposed that should extinguished by the new one contracted in its stead.
should be considered be considered
As to None yet as Final and executor as
conviction prosecution has not trial on the merits has
yet begun already been
concluded
As to arrest or The culprit may not The convict has been
detention have been under the custody of
apprehended or taken the law
into custody yet
As to Period starts from the Commences when the
commencement discovery of the crime convict escapes from
by the offended party detention or evades
or the authorities or the service of his
their agents sentence
As to absence The prescription of Absence from the
from the crime does not run Philippines interrupts
Philippines when there is mere the period only when
absence he goes to a foreign
country without
extradition treaty with
the Philippine
government
As to Commission of Commission of
commission of another crime before another crime before
another crime the expiration of the expiration of the

12 CLJ/FERNANDEZ
Ang pagkopya, pagpapakalat, paggamit, pagbabago, pagbebenta, pag-upload, at pag-download nang walang malinaw at
nakasulat na pahintulot ng STARS NKL Review Services & Consultancy ay mahigpit na ipinagbabawal. Ang gagawa ng
mga nabanggit ay maaring sampahan ng kasong kriminal at administratibo sang-ayon sa mga batas ng Pilipinas.