Module 4 – Law Subjects

The Criminal Code of the

Philippines
Book 1

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 Module 4 – Law Subjects

Decided Cases People vs. Abarca

G.R. No. 74433 September 14, 1987

PEOPLE OF THE PHILIPPINES vs. FRANCISCO
ABARCA

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This is an appeal from the decision of the Regional Trial Court

of Palo, Leyte, sentencing the accused-appellant Francisco
Abarca to death for the complex crime of murder with double
frustrated murder.

The case was elevated to this Court in view of the death

sentence imposed. With the approval of the new Constitution,
abolishing the penalty of death and commuting all existing
death sentences to life imprisonment, we required the
accused-appellant to inform us whether or not he wished to
pursue the case as an appealed case. In compliance
therewith, he filed a statement informing us that he wished to
continue with the case by way of an appeal.

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The information (amended) in this case reads as follows:

The undersigned City Fiscal of the City of Tacloban accuses

Francisco Abarca of the crime of Murder with Double
Frustrated Murder, committed as follows:

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That on or about the 15th day of July, 1984, in the City of

Tacloban, Philippines and within the jurisdiction of this
Honorable Court, the above-named accused, with deliberate
intent to kill and with evident premeditation, and with treachery,
armed with an unlicensed firearm (armalite), M-16 rifle, did then
and there wilfully, unlawfully and feloniously attack and shot
several times KHINGSLEY PAUL KOH on the different parts of
his body,

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thereby inflicting upon said KHINGSLEY PAUL KOH gunshot

wounds which caused his instantaneous death and as a
consequence of which also caused gunshot wounds to LINA
AMPARADO and ARNOLD AMPARADO on the different parts
of their bodies thereby inflicting gunshot wounds which
otherwise would have caused the death of said Lina
Amparado and Arnold Amparado, thus performing all the acts
of execution which should have produced the crimes of
murders as a consequence, but nevertheless did not produce
it by reason of causes independent of his will, that is by the
timely and able medical assistance rendered to Lina
Amparado and Arnold Amparado which prevented their death.

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On arraignment, the accused-appellant pleaded not guilty.

The Solicitor General states accurately the facts as follows:

Khingsley Paul Koh and the wife of accused Francisco

Abarca, Jenny, had illicit relationship. The illicit relationship
apparently began while the accused was in Manila
reviewing for the 1983 Bar examinations. His wife was left
behind in their residence in Tacloban, Leyte (pp. 45-47, 65,
tsn, Sept. 24, 1984).

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On July 15, 1984, the accused was in his residence in Tacloban,

Leyte. On the morning of that date he went to the bus station to go
to Dolores, Eastern Samar, to fetch his daughter. However, he was
not able to catch the first trip (in the morning). He went back to the
station in the afternoon to take the 2:00 o'clock trip but the bus had
engine trouble and could not leave (pp. 5-8, tsn, Nov. 28, 1985).

The accused, then proceeded to the residence of his father after

which he went home. He arrived at his residence at the V & G
Subdivision in Tacloban City at around 6:00 o'clock in the
afternoon (pp. 8-9, tsn, Id.).

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Upon reaching home, the accused found his wife, Jenny, and
Khingsley Koh in the act of sexual intercourse. When the wife
and Koh noticed the accused, the wife pushed her paramour
who got his revolver. The accused who was then peeping
above the built-in cabinet in their room jumped and ran away
(pp. 9-13, tsn, Id.).

The accused went to look for a firearm at Tacloban City. He

went to the house of a PC soldier, C2C Arturo Talbo, arriving
there at around 6:30 p.m. He got Talbo's firearm, an M-16 rifle,
and went back to his house at V & G Subdivision. He was not
able to find his wife and Koh there. He proceeded to the
"mahjong session" as it was the "hangout" of Kingsley Koh.

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The accused found Koh playing mahjong. He fired at Kingsley

Koh three times with his rifle (pp. 13-19, tsn, Id.). Koh was hit.
Arnold and Lina Amparado who were occupying a room adjacent
to the room where Koh was playing mahjong were also hit by the
shots fired by the accused (pp. 34-49, tsn, Sept. 24, 1984).

Kingsley Koh died instantaneously of cardiorespiratory arrest

due to shock and hemorrhage as a result of multiple gunshot
wounds on the head, trunk and abdomen (pp. 28-29, tsn, Sept.
24, 1984; see also exh. A): Arnold Amparado was hospitalized
and operated on in the kidney to remove a bullet (pp. 17-23, tsn,
Oct. 17, 1984; see also exh. C).

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His wife, Lina Amparado, was also treated in the hospital as

she was hit by bullet fragments (p. 23, tsn, Id.). Arnold
Amparado who received a salary of nearly P1,000.00 a month
was not able to work for 1-1/2 months because of his wounds.
He spent P15,000.00 for medical expenses while his wife spent
Pl,000.00 for the same purpose (pp. 24-25, tsn, Id. ). 2

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On March 17, 1986, the trial cout rendered the decision as follows:

WHEREFORE, finding the accused, Francisco Abarca guilty beyond

reasonable doubt of the complex crime of murder with double frustrated
murder as charged in the amended information, and pursuant to Art. 63
of the Revised Penal Code which does not consider the effect of
mitigating or aggravating circumstances when the law prescribes a single
indivisible penalty in relation to Art. 48, he is hereby sentenced to death,
to indemnify the heirs of Khingsley Paul Koh in the sum of P30,000,
complainant spouses Arnold and Lina Amparado in the sum of Twenty
Thousand Pesos (P20,000.00), without subsidiary imprisonment in case
of insolvency, and to pay the costs.Let a copy of this decision be
furnished her Excellency, the President of the Philippines, thru the
Ministry of Justice, Manila.

SO ORDERED.

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It appears from the evidence that the deceased Khingsley Paul

Koh and defendant's wife had illicit relationship while he was
away in Manila; that the accused had been deceived, betrayed,
disgraced and ruined by his wife's infidelity which disturbed his
reasoning faculties and deprived him of the capacity to reflect
upon his acts.

Considering all these circumstances this court believes the

accused Francisco Abarca is deserving of executive clemency,
not of full pardon but of a substantial if not a radical reduction or
commutation of his death sentence.

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The accused-appellant assigns the following errors committed

by the court a quo:

I.

IN CONVICTING THE ACCUSED FOR THE CRIME AS

CHARGED INSTEAD OF ENTERING A JUDGMENT OF
CONVICTION UNDER ARTICLE 247 OF THE REVISED
PENAL CODE;

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II.

IN FINDING THAT THE KILLING WAS AMENDED BY THE

QUALIFYING CIRCUMSTANCE OF TREACHERY. 4

The Solicitor General recommends that we apply Article 247 of

the Revised Penal Code defining death inflicted under
exceptional circumstances, complexed with double frustrated
murder. Article 247 reads in full:

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ART. 247. Death or physical injuries inflicted under

exceptional circumstances. — Any legally married person
who, having surprised his spouse in the act of committing
sexual intercourse with another person, shall kill any of them
or both of them in the act or immediately thereafter, or shall
inflict upon them any serious physical injury, shall suffer the
penalty of destierro.

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If he shall inflict upon them physical injuries of any other kind, he

shall be exempt from punishment.

These rules shall be applicable, under the same circumstances,

to parents with respect to their daughters under eighteen years of
age, and their seducers, while the daughters are living with their
parents.

Any person who shall promote or facilitate prostitution of his wife

or daughter, or shall otherwise have consented to the infidelity of
the other spouse shall not be entitled to the benefits of this
article.

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We agree with the Solicitor General that the afore quoted

provision applies in the instant case. There is no question that
the accused surprised his wife and her paramour, the victim in
this case, in the act of illicit copulation, as a result of which, he
went out to kill the deceased in a fit of passionate outburst.

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Article 247 prescribes the following elements:

(1) that a legally married person surprises his spouse in the act
of committing sexual intercourse with another person; and

(2) that he kills any of them or both of them in the act or

immediately thereafter.

These elements are present in this case. The trial court, in

convicting the accused-appellant of murder, therefore erred.

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Though quite a length of time, about one hour, had passed

between the time the accused-appellant discovered his wife
having sexual intercourse with the victim and the time the
latter was actually shot, the shooting must be understood to
be the continuation of the pursuit of the victim by the accused-
appellant.

The Revised Penal Code, in requiring that the accused "shall

kill any of them or both of them . . . immediately" after
surprising his spouse in the act of intercourse, does not say
that he should commit the killing instantly thereafter.

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It only requires that the death caused be the proximate result of

the outrage overwhelming the accused after chancing upon his
spouse in the basest act of infidelity. But the killing should have
been actually motivated by the same blind impulse, and must not
have been influenced by external factors. The killing must be the
direct by-product of the accused's rage.

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It must be stressed furthermore that Article 247, supra, does not

define an offense. 5 In People v. Araque, 6 we said:

As may readily be seen from its provisions and its place in the
Code, the above-quoted article, far from defining a felony, merely
provides or grants a privilege or benefit — amounting practically
to an exemption from an adequate punishment — to a legally
married person or parent who shall surprise his spouse or
daughter in the act of committing sexual intercourse with
another, and shall kill any or both of them in the act or
immediately thereafter, or shall inflict upon them any serious
physical injury.

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Thus, in case of death or serious physical injuries, considering

the enormous provocation and his righteous indignation, the
accused — who would otherwise be criminally liable for the
crime of homicide, parricide, murder, or serious physical injury,
as the case may be — is punished only with destierro.

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This penalty is mere banishment and, as held in a case, is

intended more for the protection of the accused than a
punishment. (People vs. Coricor, 79 Phil., 672.) And where
physical injuries other than serious are inflicted, the offender is
exempted from punishment.

In effect, therefore, Article 247, or the exceptional

circumstances mentioned therein, amount to an exempting
circumstance, for even where death or serious physical injuries
is inflicted, the penalty is so greatly lowered as to result to no
punishment at all.

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A different interpretation, i.e., that it defines and penalizes a

distinct crime, would make the exceptional circumstances
which practically exempt the accused from criminal liability
integral elements of the offense, and thereby compel the
prosecuting officer to plead, and, incidentally, admit them, in
the information.

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Such an interpretation would be illogical if not absurd, since a

mitigating and much less an exempting circumstance cannot be
an integral element of the crime charged. Only "acts or
omissions . . . constituting the offense" should be pleaded in a
complaint or information, and a circumstance which mitigates
criminal liability or exempts the accused there from, not being an
essential element of the offense charged-but a matter of defense
that must be proved to the satisfaction of the court-need not be
pleaded. (Sec. 5, Rule 106, Rules of Court; U.S. vs. Campo, 23
Phil., 368.)

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That the article in question defines no crime is made more

manifest when we consider that its counterpart in the old Penal
Code (Article 423) was found under the General Provisions
(Chapter VIII) of Title VIII covering crimes against persons.
There can, we think, hardly be any dispute that as part of the
general provisions, it could not have possibly provided for a
distinct and separate crime.

We, therefore, conclude that Article 247 of the Revised Penal

Code does not define and provide for a specific crime, but
grants a privilege or benefit to the accused for the killing of
another or the infliction of serious physical injuries under the
circumstances therein mentioned. ... 7

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Punishment, consequently, is not inflicted upon the accused. He

is banished, but that is intended for his protection. 8

It shall likewise be noted that inflicting death under exceptional

circumstances, not being a punishable act, cannot be qualified by
either aggravating or mitigating or other qualifying circumstances,
We cannot accordingly appreciate treachery in this case.

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The next question refers to the liability of the accused-appellant

for the physical injuries suffered by Lina Amparado and Arnold
Amparado who were caught in the crossfire as the accused-
appellant shot the victim. The Solicitor General recommends a
finding of double frustrated murder against the accused-
appellant, and being the more severe offense, proposes the
imposition of reclusion temporal in its maximum period
pursuant to Article 48 of the Revised Penal Code.

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This is where we disagree. The accused-appellant did not have

the intent to kill the Amparado couple. Although as a rule, one
committing an offense is liable for all the consequences of his
act, that rule presupposes that the act done amounts to a
felony. 9

But the case at bar requires distinctions. Here, the accused-

appellant was not committing murder when he discharged his
rifle upon the deceased. Inflicting death under exceptional
circumstances is not murder. We cannot therefore hold the
appellant liable for frustrated murder for the injuries suffered by
the Amparados.

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This does not mean, however, that the accused-appellant is

totally free from any responsibility. Granting the fact that he
was not performing an illegal act when he fired shots at the
victim, he cannot be said to be entirely without fault. While it
appears that before firing at the deceased, he uttered warning
words ("an waray labot kagawas,") that is not enough a
precaution to absolve him for the injuries sustained by the
Amparados. We nonetheless find negligence on his part.
Accordingly, we hold him liable under the first part, second
paragraph, of Article 365, that is, less serious physical injuries
through simple imprudence or negligence.

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(The records show that Arnold Amparado was incapacitated for

one and one-half months; 11 there is no showing, with respect
to Lina Amparado, as to the extent of her injuries. We presume
that she was placed in confinement for only ten to fourteen days
based on the medical certificate estimating her recovery
period.)

For the separate injuries suffered by the Amparado spouses, we

therefore impose upon the accused-appellant arresto mayor (in
its medium and maximum periods) in its maximum
period, arresto to being the graver penalty (than destierro).

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WHEREFORE, the decision appealed from is hereby

MODIFIED. The accused-appellant is sentenced to four months
and 21 days to six months of arresto mayor. The period within
which he has been in confinement shall be credited in the
service of these penalties.

He is furthermore ordered to indemnify Arnold and Lina

Amparado in the sum of P16,000.00 as and for hospitalization
expense and the sum of P1,500.00 as and for Arnold
Amparado's loss of earning capacity. No special pronouncement
as to costs.

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Outline of Presentation
I. Preliminary Matters

II. Book 1

Title 1- Felonies and Circumstances which affect

criminal liability
Title 2- Persons criminally liable for felonies
Title 3- Penalties
Title 4- Extinction of criminal liability (total and
partial)
Title 5- Civil Liability
 Module 4 – Law

I. PRELIMINARY MATTERS

CRIMINAL LAW, defined.

It is that branch or division of public law which

defines crimes, treats of its nature, and provides for
their punishment.
CRIME

It is an act committed or omitted in violation of a

public law forbidding or committing it. It is a positive
or negative act in violation of penal law; an offense
against the state.
Sources of Philippine Criminal
Law
1. The RPC (Act No. 3815) which took effect on
January 1, 1932 and its amendments;

2. Special laws defining acts and providing

penalties for them passed by the legislative
department of Philippine government;
Sources of Philippine Criminal
Law
3. Presidential Decrees of the late Pres. Ferdinand
E. Marcos; and

4. Executive Orders of the late Pres. Corazon C.

Aquino
Limitations in the Enactment of
Penal Laws
1. Penal laws must be general in application.
Otherwise, it would violate the equal protection
clause of the constitution.

2. Penal laws must not partake of the nature of an

ex post facto law.
Ex post facto law is a law that retroactively
changes the legal consequences (or status) of
actions that were committed, or relationships that
existed, before the enactment of the law.

i.e. i love you virus (RA 10175) and hayden kho

scandal (RA 9995)
 3. Penal laws must not partake of the nature of a
bill of attainder.

BILL OF ATTAINDER. It is a legislative act which

inflicts punishment without trial. Its essence is the
substitution of a legislative for a judicial
determination of guilt.

4. Penal laws must not impose cruel and unusual

punishment nor excessive fine.
Characteristics of Criminal Law

1. GENERALITY
It applies to all persons within the country
regardless of their race, belief, sex, or creed.
EXCEPTIONS:

1. By virtue of the principles of public

international law

•Sovereign and other chief of state.

•Ambassadors, ministers plenipotentiary,
ministers resident, and charges d’afaires.
2. TERRITORIALITY
Criminal laws undertake to punish crimes
committed within Philippine territory. Penal laws of
the country have force and effect only within its
territory. It cannot penalize a crime committed
outside the country.
Exception:

EXTRATERRITORIALITY [ARTICLE 2]
It means that the Revised Penal Code can be
imposed even outside Philippine territory.
Instances when Penal Laws are applicable even
if the felony is committed outside the
Philippines:

1. Should commit an offense while on a Philippine

ship or airship;

2. Should forge or counterfeit any coin or currency

note of the Philippine Islands or obligations and
securities issued by the government of the Philippine
Islands.
3. Should be liable for acts connected with the
introduction into the islands of the obligations and
securities mentioned in the preceding number.

4. While being public officers or employees, should

commit an offense in the exercise of their functions;

5. Should commit any of the crimes against National

Security and the Law of the Nations, defined in Title
One of Book Two of this Code.
3. PROSPECTIVITY

A penal law cannot make an act punishable in a

manner in which it was not punishable when
committed.

This is the direct opposite of ex post facto law.

The Concept of Mala in Se and
Mala Prohibita
1. Malum In Se---the act is inherently evil or
wrongful per se.

2. Malum Prohibitum---the act penalized is not

inherently wrong, it is wrong only because a law
punishes the same. This is otherwise referred to
as laws enacted for convenience.
BASIC MAXIMS IN CRIMINAL
LAW
1. Doctrine of Pro Reo
Whenever a penal law is to be construed or applied
and the law admits of two interpretations – one
lenient to the offender and one strict to the offender
– that interpretation which is lenient or favorable to
the offender will be adopted.

This is in consonance with the fundamental rule that

all doubts shall be construed in favor of the accused
and consistent with presumption of innocence of the
accused. This is peculiar only to criminal law.
BASIC MAXIMS IN CRIMINAL
LAW
2. Nullum crimen, nulla poena sine lege
There is no crime when there is no law punishing
the same.

No matter how wrongful, evil or bad the act is, if

there is no law defining the act, the same is not
considered a crime.
BASIC MAXIMS IN CRIMINAL
LAW
3. Actus non facit reum, nisi mens sit rea

The act cannot be criminal where the mind is not

criminal. This is true to a felony characterized by
dolo, but not a felony resulting from culpa. This
maxim is not an absolute one because it is not
applied to culpable felonies, or those that result from
negligence.
 Title 1
FELONIES AND
CIRCUMSTANCES WHICH
AFFECT CRIMINAL LIABITY
 CHAPTER 1—FELONIES

Article 3. Definition. - Acts and omissions

punishable by law are felonies (delitos).

Felonies are committed not only by means of deceit

(dolo) but also by means of fault (culpa).
 Title 1
FELONIES AND
CIRCUMSTANCES WHICH
AFFECT CRIMINAL LIABITY
 CHAPTER 1—FELONIES

There is deceit when the act is performed with

deliberate intent; and there is fault when the
wrongful act results from imprudence, negligence,
lack of foresight, or lack of skill.
Act - any kind of bodily movement that produces
change in the outside world.

Omission- inaction, the failure to perform a positive

duty one is bound to do. There must be a law
requiring the doing or performance of an act.
Dolo - is equivalent to malice which is the intent to
do injury to another. It is in other words the
deliberate intent otherwise referred to as criminal
intent, and must be coupled with freedom of action
and intelligence on the part of the offender as to the
act done by him.
A felony may also be committed by means of culpa.
In other words, an act which results from
imprudence, negligence, lack of foresight, or lack of
skills may also be considered a felony.

Culpa - imprudence or negligence.

 INCURRENCE OF CRIMINAL
LIABILITY
Article 4. Criminal liability. - Criminal liability
shall be incurred:

FIRST INSTANCE
1. By any person committing a felony (delito)
although the wrongful act done be different from that
which he intended. (THREE (3) INSTANCES)
Wrongful act done be different from what was
intended (Par. 1, Art. 4).

The following are the three (3) situations

contemplated under this paragraph:

1. Aberratio Ictus/ Mistake in the Blow

A person directed the blow at an intended victim

but because of poor aim, that blow landed on
somebody else.
Illustration:
A and B are enemies. As soon as A saw B at a
distance, A shot at B. However, because of poor
aim, it was not B who was hit but C. You can readily
see that there is only one single act – the act of
firing at B. In so far as B is concerned, the crime at
least is attempted homicide or attempted murder, as
the case may be, if there is any qualifying
circumstance. As far as the third party C is
concerned, if C were killed, crime is homicide. If C
was only wounded, the crime is only physical
injuries.
2. Error in Personae/ Mistake in Identity

The intended victim was not at the scene of the

crime, it was the actual victim upon whom the blow
was directed, but he was not the intended victim,
there was really a mistake in identity.
Illustrations:
A thought of killing B. He positioned himself at
one corner where B would usually pass. When a
figure resembling B was approaching, A hid and
when that figure was near him, he suddenly hit him
with a piece of wood on the nape, killing him. But it
turned out that it was his own father. The crime
committed is parricide, although what was intended
was homicide.
3. Praeter Intentionem/Consequence went
beyond the Intention

It is mitigating, particularly covered by par. 3,

Art. 13., “that the offender did not intend to commit
so grave a wrong as that committed”.

There must be a notable or notorious disparity

between the means employed and the resulting
felony.
Illustration:
In People v. Gacogo, 53 Phil 524, two persons
quarreled. They had fist blows. The other started to
run away and Gacogo went after him, struck him
with a fist blow at the back of the head. Because
the victim was running, he lost balance, he fell on
the pavement and his head struck the cement
pavement. He suffered cerebral hemorrhage.
Gacogo was convicted for homicide for the death of
the person, he was given the benefit of paragraph 3
of Article13, that is, " that the offender did not intend
to commit so grave a wrong as that committed”.
 INCURRENCE OF CRIMINAL
LIABILITY
SECOND INSTANCE
2. By any person performing an act which would be
an offense against persons or property, were it not
for the inherent impossibility of its accomplishment
or on account of the employment of inadequate or
ineffectual means. (IMPOSSIBLE CRIME)
Impossible Crime (Par. 2, Art.4)

Impossible Crime is an act which would be an

offense against person or property where it not for
the inherent impossibility of its accomplishment or on
account of the employment of inadequate or
ineffectual means.
Requisites:
1. the act performed would be an offense against
persons (Title VIII) or property (Title X);

2. The act was done with evil intent;

3. its accomplishment is inherently impossible or

that the means employed is either inadequate or
ineffectual;

4. the act performed should not constitute a violation

of another provision of the RPC.
Illustrations:
Accused was a houseboy in a house where
only a spinster resides. It is customary for the
spinster to sleep nude because her room was
warm. It was also the habit of the houseboy that
whenever she enters her room, the houseboy would
follow and peek into the keyhole. Finally, when the
houseboy could no longer resist the urge, he
climbed into the ceiling, went inside the room of his
master, placed himself on top of her and abused
her, not knowing that she was already dead five
minutes earlier. Is an impossible crime committed?
Illustrations:
Yes. Before, the act performed by the offender
could not have been a crime against person or
property. The act performed would have been
constituted a crime against chastity. An impossible
crime is true only if the act done by the offender
constitutes a crime against person or property.
However, with the new rape law amending the
Revised Penal Code and classifying rape as a crime
against persons, it is now possible that an
impossible crime was committed.
 STAGES IN THE COMMISSION
OF FELONY

Article 6. Consummated, frustrated, and

attempted felonies. -

Consummated felonies as well as those which are

frustrated and attempted, are punishable.
 STAGES IN THE COMMISSION
OF FELONY

A felony is consummated when all the elements

necessary for its execution and accomplishment are
present.
It is frustrated when the offender performs all the
acts of execution which would produce the felony as
a consequence but which, nevertheless, do not
produce it by reason of causes independent of the
will of the perpetrator.
 STAGES IN THE COMMISSION
OF FELONY

There is an attempt when the offender commences

the commission of a felony directly by overt acts, and
does not perform all the acts of execution which
should produce the felony by reason of some cause
or accident other than his own spontaneous
desistance.
 STAGES IN THE COMMISSION
OF FELONY

Article 8. Conspiracy and proposal to commit

felony.
Conspiracy and proposal to commit felony are
punishable only in the cases in which the law
specially provides a penalty therefor.
 STAGES IN THE COMMISSION
OF FELONY

A conspiracy exists when two or more persons

come to an agreement concerning the commission
of a felony and decide to commit it.
 STAGES IN THE COMMISSION
OF FELONY

There is proposal when the person who has

decided to commit a felony proposes its execution to
some other person or persons.
 STAGES IN THE COMMISSION
OF FELONY

Article 9. Grave felonies, less grave felonies and

light felonies. -

Grave felonies are those to which the law attaches

the capital punishment or penalties which in any of
their periods are afflictive, in accordance with article
25 of this Code.
 STAGES IN THE COMMISSION
OF FELONY

Less grave felonies are those which the law

punishes with penalties which in their maximum
period are correctional, in accordance with the
above-mentioned article.
 STAGES IN THE COMMISSION
OF FELONY

Light felonies are those infractions of law for the

commission of which the penalty of arresto menor
or a fine not exceeding 200 pesos or both, is
provided.
The afflictive penalties in
accordance with article 25 of the
code are:
 Reclusion perpetua
 Reclusion temporal
 Perpetual or temporary absolute disqualification
 Perpetual or temporary special disqualification
 Prision mayor
The following are correctional
penalties;
 Prision correctional
 Aresto mayor
 Suspension
 Destierro
The following are light penalties:

 Aresto menor
 Public Censure

The following are common penalties to

the 3 preceding classes:

 Fine
CLASSIFICATION OF FELONIES
Felonies are classified as follows:

1. According to the manner of their commission

Under Article 3, they are classified as,

1. intentional felonies or those committed with
deliberate intent; and
2. culpable felonies or those resulting from
negligence, reckless imprudence, lack of foresight
or lack of skill.
 CLASSIFICATION OF FELONIES

2. According to the stages of their execution

Under Article 6, felonies are classified as:

1. attempted felony when the offender commences

the commission of a felony directly by overt acts,
and does not perform all the acts of execution which
should produce the felony by reason of some cause
or accident other than his own spontaneous
desistance;
 CLASSIFICATION OF FELONIES

2. According to the stages of their execution

2. frustrated felony when the offender commences

the commission of a felony as a consequence but
which would produce the felony as a consequence but
which nevertheless do not produce the felony by
reason of causes independent of the perpetrator; and,

3. consummated felony when all the elements

necessary for its execution are present.
 CLASSIFICATION OF FELONIES
3. According to their gravity
Under Article 9, felonies are classified as:
1. grave felonies or those to which attaches the capital
punishment or penalties which in any of their periods
are afflictive;
2. less grave felonies or those to which the law
punishes with penalties which in their maximum period
was correccional; and
3. light felonies or those infractions of law for the
commission of which the penalty is arresto menor.
 CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY:

Five (5) specifically provided for:

1. JUSTIFYING CIRCUMSTANCES (Art. 11)-

Those wherein the acts of the actor are in
accordance with the law, and hence, he incurs no
criminal liability.
 CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY:

Five (5) specifically provided for:

2. EXEMPTING CIRCUMSTANCES (Art. 12)-

Those wherein there is an absence of
voluntariness, and hence, though there is crime,
there is no criminal liability.
 CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY:

Five (5) specifically provided for:

3. MITIGATING CIRCUMSTANCES (Art. 13)-

Those that have the effect of reducing the
penalty because there is a diminution of any of the
elements of DOLO or CULPA which makes the act
involuntary or because of the lesser perversity of the
offender.
 CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY:
Five (5) specifically provided for:

4. AGGRAVATING CIRCUMSTANCES (Art. 14)-

Those which serve to increase the penalty
without exceeding the maximum provided by law
because of the greater perversity of the offender as
shown by the motivating power of the commission
of the crime, the time and place of its commission,
the means employed or the personal circumstances
of the offender.
 CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY:

Five (5) specifically provided for:

5. ALTERNATIVE CIRCUMSTANCES (Art. 15)-

Those which are either aggravating or mitigating
according to the nature and effects of the crime and
other conditions attending its commission.
 CHAPTER TWO
Justifying Circumstances and
Circumstances which Exempt
from Criminal Liability
Article 11. Justifying circumstances. -

The following do not incur any criminal liability:

1. Anyone who acts in defense of his person or

rights, provided that the following circumstances
concur (SELF-DEFENSE);
ELEMENTS:

First. Unlawful aggression;

Second. Reasonable necessity of the means

employed to prevent or repel it;

Third. Lack of sufficient provocation on the part of the

person defending himself.
2. Any one who acts in defense of the person or
rights of his spouse, ascendants, descendants, or
legitimate, natural or adopted brothers or sisters, or
of his relatives by affinity in the same degrees, and
those by consanguinity within the fourth civil degree,
provided that the first and second requisites
prescribed in the next preceding circumstance are
present, and the further requisite, in case the
provocation was given by the person attacked, that
the one making defense had no part therein
(DEFENSE OF RELATIVES)
2. DEFENSE OF RELATIVES

REQUISITES:

1. Unlawful Aggression;
2. Reasonable necessity of the means employed to prevent or
repel it; and
3. In case the provocation was given by the person attacked,
the one making the defense had no part therein.

RELATIVES THAT CAN BE DEFENDED:

1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted brothers and sisters, or
relatives by affinity in the same degrees.
5. Relatives by consanguinity within the fourth civil degree.
3. Anyone who acts in defense of the person or
rights of a stranger, provided that the first and
second requisites mentioned in the first
circumstance of this article are present and that the
person defending be not induced by revenge,
resentment, or other evil motive (DEFENSE OF
STRANGERS)
3. DEFENSE OF STRANGER

REQUISITES:

1. Unlawful Aggression;
2. Reasonable necessity of the means employed
to prevent or repel it; and
3. The person defending be not induced by
revenge, resentment or other evil motive.
4. Any person who, in order to avoid an evil or injury,
does an act which causes damage to another,
provided that the following requisites are present
(DEFENSE OF STATE OF NECESSITY)
4. AVOIDANCE OF GREATER EVIL OR INJURY

REQUISITES:

1. That the evil sought to be avoided actually exists:

2. That the injury feared be greater than that done to avoid
it; and
3. There be no other practical and less harmful means of
preventing it.

♣ No civil liability except when there is another person

benefited in which case the latter is the one liable.

♣ Greater evil must not be brought about by the

negligence or imprudence or violation of law by the actor.
Example:

A cautious driver suddenly swerved to a nipa hut

nearby a road, instantly killing one person, to avoid an
accident where several people would be hit.

Because the accused must demonstrate that they were

acting out of necessity, the defense is sometimes
known as the “State of Necessity” defense.
5. Any person who acts in the fulfillment of a
duty or in the lawful exercise of a right or
office (DEFENSE OF FULFILLMENT OF
DUTY)
6. Any person who acts in obedience to an order
issued by a superior for some lawful purpose
(DEFENSE OF OBEDIENCE TO LAWFUL ORDER)
Article 12. Circumstances which exempt from
criminal liability. -

The following are exempt from criminal liability:

1. An imbecile or an insane person, unless the latter

has acted during a lucid interval
(IMBECILITY/INSANITY)

2. A person under nine years of age (MINORITY)

amended by R. A. No. 9344 (15 years old and below)
3. A person over nine years of age and under
fifteen, unless he has acted with discernment, in
which case, such minor shall be proceeded against
in accordance with the provisions of article 80 of this
Code. (Amended by R. A. No. 9344)

4. Any person who, while performing a lawful act

with due care, causes an injury by mere accident
without fault or intention of causing it (DAMAGE
WITHOUT INJURY - Damnum Absque Injuria)
5. Any person who acts under the compulsion of
irresistible force (UNDER COMPULSION OF AN
IRRESTIBLE FORCE)
 5. A PERSON WHO ACTS UNDER THE COMPULSION
OF AN IRRESISTABLE FORCE

ELEMENTS:

1. That the compulsion is by means of physical force.

2. That the physical force must be irresistible.
3. That the physical force must come from a third
person.

Basis: complete absence of freedom or voluntariness.

► The force must be so irresistible as to reduce the

actor to a mere instrument who act not only without will
but against his will.
 The force must be irresistible to reduce him to a
mere instrument who acts not only without will, but
against his will. The duress, force, fear or intimidation
must be present, imminent and impending and of
such a nature as to induce a well grounded
apprehension of death or serious bodily harm if
the act is not done. A threat of future injury is not
enough. The compulsion must be one of such
a character as to leave no opportunity to the accused
for escape or self-defense in equal combat. (People
v. Nalipanat, 145 SCRA 483)
Example:

If a person was struck with the butts of the guns

of those who killed another to compel him to bury
their victim, he is not liable as an accessory because
he acted under the compulsion of an irresistible
force.
(US v. Caballeros, 4 Phil. 850)
6. Any person who acts under the impulse of an
uncontrollable fear of an equal or greater injury
(UNDER AN IMPULSE OF AN UNCONTROLLABLE
FEAR)

The threat producing the insuperable fear must be

grave, actual, serious and such kind that the majority
of men would have succumbed to such
moral compulsion. (Feria and
Gregorio, Revised Penal Code, Vol. 1, 224)
Example:

If one is compelled under fear of death to join the

rebels, he is not liable for rebellion because he
acted under the impulse of uncontrollable fear of an
equal or greater injury. (US v. Exaltacion, 3 Phil.
339)
7. Any person who fails to perform an act required
by law, when prevented by some lawful insuperable
cause (PREVENTED BY LAWFUL INSUPERABLE
CAUSE)
What is insuperable cause?

Insuperable means insurmountable. Insuperable

cause is a cause which has lawfully, morally or
physically prevented a person to do what the law
commands.
Example:

The failure of a policeman to deliver the prisoner

lawfully arrested to the judicial authorities within the
prescribed period because it was not possible to do
so with practicable dispatch as the prisoner was
arrested in a distant place would constitute a non-
performance of duty to an insuperable cause. (US v.
Vicentillo, 19 Phil. 118)
ABSOLUTORY CAUSES - are those where the act
committed is a crime but for reasons of public policy and
sentiment, there is no penalty imposed.

Other absolutory causes:

1. Spontaneous desistance (Art. 6)

2. Accessories who are exempt from criminal liability (Art.
20)
3. Death or physical injuries inflicted under exceptional
circumstances (Art. 247)
4. Persons exempt from criminal liability for theft,
swindling and malicious mischief (Art. 332)
5. Instigation
 CHAPTER THREE
Circumstances which Mitigate
Criminal Liability
Article 13. Mitigating circumstances. -

The following are mitigating circumstances:

1. Those mentioned in the preceding chapter, when
all the requisites necessary to justify the act or to
exempt from criminal liability in the respective cases
are not attendant (INCOMPLETE JUSTIFYING AND
EXEMPTING CIRCUMSTANCES)
2. That the offender is under eighteen years of age
or over seventy years. In the case of the minor, he
shall be proceeded against in accordance with the
provisions of article 80 (MINORITY/OLD AGE)
3. That the offender had no intention to commit so
grave a wrong as that committed (PRAETER
INTENTIONEM)
4. That sufficient provocation or threat on the part of
the offended party immediately preceded the act
(SUFFICIENT TREATH OR PROVOCATION)
5. That the act was committed in the immediate
vindication of a grave offense to the one committing
the felony (delito) his spouse, ascendants,
descendants, legitimate, natural or adopted brothers
or sisters or relatives by affinity within the same
degrees (VINDICATION OF A GRAVE OFFENSE)
Example

The victim’s remark that the Civil Service

Commission, of which the accused was a clerk, is a
hangout of thieves cannot be considered a grave
offense against the latter, since it was general in
nature and not specifically directed to him. If the
accused felt alluded to by such remark, that was his
own individual reaction thereto. At most, said remark
might be considered a mere provocation and not a
grave offense which might have impelled the
accused to commit a crime in immediate retaliation.
(People vs Restubog)
6. That of having acted upon an impulse so powerful
as naturally to have produced passion or
obfuscation. (PASSION OR OBFUSCATION)
In People v. Lobino:
It has been held that "[T]here is passional
obfuscation when the crime was committed due to
an uncontrollable burst of passion provoked by prior
unjust or improper acts, or due to a legitimate
stimulus so powerful as to overcome reason."
7. That the offender had voluntarily surrendered
himself to a person in authority or his agents, or that
he had voluntarily confessed his guilt before the
court prior to the presentation of the evidence for the
prosecution (VOLUNTARY SURRENDER)
8. That the offender is deaf and dumb, blind or
otherwise suffering some physical defect which thus
restricts his means of action, defense, or
communication with his fellow beings
(HANDICAPPED)
9. Such illness of the offender as would diminish the
exercise of the will-power of the offender without
however depriving him of consciousness of his acts
(ILLNESS)

10. And, finally, any other circumstance of a similar

nature and analogous to those above mentioned.
 CHAPTER FOUR
Circumstances which Aggravate
Criminal Liability
Article 14. Aggravating circumstances. -

The following are aggravating circumstances:

1. That advantage be taken by the offender of his
public position (TAKING ADVANTAGE OF
OFFICIAL POSITION)

2. That the crime be committed in contempt of or

with insult to the public authorities (IN CONTEMPT
OR INSULT TO PUBLIC AUTHORITIES)
3. That the act be committed with insult or in
disregard of the respect due to the offended party
on account of his rank, age, or sex, or that it be
committed in the dwelling of the offended party, if
the latter has not given provocation (DISRESPECT
TO RANK, AGE OR SEX; DWELLING)
4. That the act be committed with abuse of
confidence or obvious ungratefulness (ABUSE OF
CONFIDENCE)

5. That the crime be committed in the palace of the

Chief Executive, or in his presence, or where public
authorities are engaged in the discharge of their
duties, or in a place dedicated to religious worship
(PALACE OF CHIEF EXECUTIVE; PUBLIC
OFFICE; PLACE DEDICATED TO RELIGIOUS
WORSHIP)
6. That the crime be committed in the nighttime, or
in an uninhabited place, or by a band, whenever
such circumstances may facilitate the commission of
the offense (NIGHTIME; UNINHABITED PLACE;
BAND)

BAND: Whenever more than three armed

malefactors shall have acted together in the
commission of an offense, it shall be deemed to
have been committed by a band.
7. That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic, or
other calamity or misfortune.

8. That the crime be committed with the aid of

armed men or persons who insure or afford
impunity.

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for

one crime, shall have been previously convicted by
final judgment of another crime embraced in the
same title of this Code.
10. That the offender has been previously punished for
an offense to which the law attaches an equal or greater
penalty or for two or more crimes to which it attaches a
lighter penalty (REITERACION/REPETITION)

11. That the crime be committed in consideration of a

price, reward, or promise.
THE FOUR FORMS OF REPETITION ARE:

1. Recidivism (par. 9, Art. 14) – where a person,

on separate occasions, is convicted of two offenses
embraced in the same title in the RPC. This is a
generic aggravating circumstance.

2. Reiteracion or habituality (par. 10, Art. 14) –

where the offender has been previously punished
for an offense to which the law attaches an equal or
greater penalty or for two crimes to which it
attaches a lighter penalty. This is a generic
aggravating circumstance.
3. Multi-recidivism or habitual delinquency
(Art. 62, par, 5) – where a person within a period
of ten years from the date of his release or last
conviction of the crimes of serious or less serious
physical injuries, robbery, theft, estafa or
falsification, is found guilty of the said crimes a
third time or oftener. This is an extraordinary
aggravating circumstance.

4. Quasi-recidivism (Art. 160) – Where a person

commits felony before beginning to serve or while
serving sentence on a previous conviction for a
felony. This is a special aggravating circumstance.
12. That the crime be committed by means of
inundation, fire, poison, explosion, stranding of a
vessel or intentional damage thereto, derailment of a
locomotive, or by the use of any other artifice
involving great waste and ruin.
13. That the act be committed with evident
premeditation.

14. That craft, fraud, or disguise be employed.

CRAFT - refers to cunning or intellectual trickery or

chicanery resorted to by the accused to carry out his
evil design.

15. That advantage be taken of superior strength, or

means be employed to weaken the defense.
16. That the act be committed with treachery
(alevosia).

Treachery refers to the employment of means,

method and form in the commission of the crime
which tend directly and specially to insure its
execution without risk to himself arising from the
defense which the offended party might make
17. That means be employed or circumstances
brought about which add ignominy to the natural
effects of the act (IGNOMINY/CRUELTY)
Distinction between ignominy and cruelty:

1. Ignominy refers to the moral effect of a crime

and it pertains to the moral order, whether or not
the victim is dead or alive.

Cruelty pertains to physical suffering of the

victim so the victim has to be alive.

2. In plain language, ignominy is adding insult to

injury.
18. That the crime be committed after an unlawful
entry.

There is an unlawful entry when an entrance is

effected by a way not intended for the purpose.

19. That as a means to the commission of a crime a

wall, roof, floor, door, or window be broken.
20. That the crime be committed with the aid of
persons under fifteen years of age or by means of
motor vehicles, motorized watercraft, airships, or
other similar means. (As amended by Rep. Act No.
5438, approved Sept. 9, 1968.)

21. That the wrong done in the commission of the

crime be deliberately augmented by causing other
wrong not necessary for its commission.
 CHAPTER FIVE
Alternative Circumstances

Article 15. Their concept. - Alternative

circumstances are those which must be taken into
consideration as aggravating or mitigating according
to the nature and effects of the crime and the other
conditions attending its commission.

They are the relationship, intoxication and the

degree of instruction and education of the offender.
 CHAPTER FIVE
Alternative Circumstances

The alternative circumstance of relationship shall be

taken into consideration when the offended party is
the spouse, ascendant, descendant, legitimate,
natural, or adopted brother or sister, or relative by
affinity in the same degrees of the offender.
 CHAPTER FIVE
Alternative Circumstances
The intoxication of the offender shall be taken into
consideration as a mitigating circumstance when
the offender has committed a felony in a state of
intoxication, if the same is not habitual or
subsequent to the plan to commit said felony; but
when the intoxication is habitual or intentional, it
shall be considered as an aggravating
circumstance.
When Relationship Mitigating And
When Aggravating:
1. As a rule, relationship is mitigating in crimes against
property, by analogy to the provisions of Art. 332.

Thus, relationship is mitigating in the crimes of robbery

(Arts. 294-302), usurpation (Art. 312),
fraudulent insolvency (Art. 314) and arson (Arts. 321-
322, 325-326).
2. In crimes against persons –

a) It is aggravating where the offended party is a

relative of

1. a higher degree than the offender, or

2. when the offender and the offended party are
relatives of the same level (e.g. brothers)
b) But when it comes to physical injuries:

1) It is aggravating when the crime involves

serious physical injuries (Art.263)

2. It is mitigating when the offense committed is less

serious physical injuries or slight physical injuries, if
the offended party is a relative of a lower degree.

3. It is aggravating if the offended party is a relative

of a higher degree of the offender.
c. When the crime is homicide or murder,
relationship is aggravating even if the victim of the
crime is a relative of a lower degree.

d. In rape, relationship is aggravating where a

stepfather raped his stepdaughter or in a case
where a father raped his own daughter.
Intoxication - When Intoxication
Mitigating And When Aggravating:
1. Mitigating –

a. If intoxication is not habitual, or

b. If intoxication is not subsequent to the plan to
commit a felony.
Intoxication - When Intoxication
Mitigating And When Aggravating:
2. Aggravating –

a. If intoxication is habitual, or
b. If it is intentional (subsequent to the plan to
commit a felony).
 Instruction or Education
As an alternative circumstance it does not refer only
to literacy but more to the level of intelligence of the
accused.

Refers to the lack or presence of sufficient

intelligence and knowledge of the full significance of
one’s acts.
 Instruction or Education

Low degree of instruction and education or lack of it

is generally mitigating. High degree of instruction
and education is aggravating, when the offender
took advantage of his learning in committing the
crime.
 Title 2
PERSONS CRIMINALLY LIABLE
FOR FELONIES

Article 16. Who are criminally liable. - The

following are criminally liable for grave and less
grave felonies:
 Title 2
PERSONS CRIMINALLY LIABLE
FOR FELONIES
1. Who are criminally liable. - The following are
criminally liable for grave and less grave felonies:
a. Principals.
b. Accomplices.
c. Accessories.
 Title 2
PERSONS CRIMINALLY LIABLE
FOR FELONIES
The following are criminally liable for light felonies:
a. Principals
b. Accomplices.
 Title 2
PERSONS CRIMINALLY LIABLE
FOR FELONIES
Article 17. Principals - The following are considered
principals:
1. Those who take a direct part in the execution of
the act; (DIRECT PARTICIPATION)

2. Those who directly force or induce others to

commit it; (INDUCEMENT)

3. Those who cooperate in the commission of the

offense by another act without which it would not
have been accomplished. (INDISPENSABLE
COOPERATION)
Article 18. Accomplices - Accomplices are those
persons who, not being included in article 17,
cooperate in the execution of the offense by
previous or simultaneous acts.
Article 19. Accessories - Accessories are those
who, having knowledge of the commission of the
crime, and without having participated therein, either
as principals or accomplices, take part subsequent
to its commission in any of the following manners:
1. By profiting themselves or assisting the offender
to profit by the effects of the crime.

2. By concealing or destroying the body of the crime,

or the effects or instruments thereof, in order to
prevent its discovery.
3. By harboring, concealing, or assisting in the
escape of the principal of the crime, provided the
accessory acts with abuse of his public functions or
whenever the author of the crime is guilty of treason,
parricide, murder, or an attempt to take the life of the
Chief Executive, or is known to be habitually guilty
of some other crime.
 Title 3
PENALTIES

CHAPTER ONE
Penalties in General

Article 21. Penalties that may be imposed. - No

felony shall be punishable by any penalty not
prescribed by law prior to its commission.
PENALTY: refers to the punishment imposed by
lawful authority upon a person who commits an
unlawful, deliberate or negligent act (People vs.
Moran, 44 Phil. 431).
Article 25. Penalties which may be imposed. -
The penalties which may be imposed according to
this Code, and their different classes, are those
included in the following:
 CHAPTER TWO
Classification of Penalties

Principal Penalties
(are those expressly imposed by the court)

Capital punishment:
Death.
Afflictive penalties:

• Reclusion perpetua,
• Reclusion temporal,
• Perpetual or temporary absolute
disqualification,
• Perpetual or temporary special
disqualification,
• Prision mayor.
Correctional penalties:

• Prision correccional,
• Arresto mayor,
• Suspension,
• Destierro.
Light penalties:
Arresto menor,
Public censure.

Penalties common to the three preceding classes:

Fine, and
Bond to keep the peace.
 Accessory Penalties
(are those that are deemed
included
in the principal penalties)

 Perpetual or temporary absolute disqualification,

 Perpetual or temporary special disqualification,
 Suspension from public office, the right to vote
and be voted for, the profession or calling.
 Civil interdiction,
 Indemnification,
 Forfeiture or confiscation of instruments and
proceeds of the offense,
 Payment of costs.
 FINE
(refers to the monetary
punishment aimed at indemnifying
the victim for the injury sustained )

Article 26. Fine - When afflictive, correctional, or

light penalty. - A fine, whether imposed as a single
or as an alternative penalty, shall be considered:
 CHAPTER THREE
Duration and Effect of Penalties
SECTION 1
Duration of Penalties
Article 27. Reclusion perpetua. - The penalty of
reclusion perpetua shall be from twenty years and
one day to forty years.
 CHAPTER THREE
Duration and Effect of Penalties
SECTION 1
Duration of Penalties

Reclusion temporal. - The penalty of reclusion

temporal shall be from twelve years and one day to
twenty years.
Prision mayor and temporary disqualification. - The
duration of the penalties of prision mayor and
temporary disqualification shall be from six years
and one day to twelve years, except when the
penalty of disqualification is imposed as an
accessory penalty, in which case, its duration shall
be that of the principal penalty.
Prision correccional, suspension, and destierro. -
The duration of the penalties of prision correccional,
suspension and destierro shall be from six months
and one day to six years, except when suspension
is imposed as an accessory penalty, in which case,
its duration shall be that of the principal penalty.
Arresto mayor. - The duration of the penalty or
arresto mayor shall be from one month and one day
to six months.

Arresto menor. - The duration of the penalty of

arresto menor shall be from one day to thirty days.
 TITLE FOUR
Extinction of Criminal Liability
CHAPTER ONE
Total Extinction of Criminal Liability
Article 89. How criminal liability is totally
extinguished. — Criminal liability is totally
extinguished:
1. By the death of the convict, as to the personal
penalties; and as to pecuniary penalties, liability
therefor is extinguished only when the death of the
offender occurs before final judgment.
2. By service of the sentence.
3. By amnesty, which completely extinguishes the
penalty and all its effects.
4. By absolute pardon.
5. By prescription of the crime.
6. By prescription of the penalty.
7. By the marriage of the offended woman, as
provided in Article 344 of this Code.
3. Amnesty and Absolute Pardon

Amnesty—is a sovereign act of oblivion for past

acts, granted by the Government to a certain class
of persons, charged or guilty of crime, usually
political offenses, and often conditioned upon their
return to obedience and duty within a prescribed
time.
Pardon—is an act of grace which exempts the
individual on whom it is bestowed from the
punishment the law inflicts for the crime he has
committed.
4. Prescription of Crime

It refers to the forfeiture or loss of the right of the

state to prosecute the offender or file criminal action
after the lapse of a certain period of time.
Article 90. Prescription of crime. — Crimes
punishable by death, reclusion perpetua or reclusion
temporal shall prescribe in twenty years.

Crimes punishable by other afflictive penalties shall

prescribe in fifteen years.
Those punishable by a correctional penalty shall
prescribe in ten years; with the exception of those
punishable by arresto mayor, which shall prescribe
in five years.
The crime of libel or other similar offenses shall
prescribe in one year.

The crime of oral defamation and slander by deed

shall prescribe in six months.

Light offenses prescribe in two months.

When the penalty fixed by law is a compound one,
the highest penalty shall be made the basis of the
application of the rules contained in the first, second
and third paragraphs of this article. (As amended by
Republic Act No. 4661, approved June 19, 1966.)
5. Prescription of Penalty

It refers to the forfeiture or loss of the right of the

state to execute the final sentence of conviction
after the lapse of a certain period of time.
Article 92. When and how penalties prescribe. —
The penalties imposed by final sentence prescribe
as follows:
1. Death and reclusion perpetua, in twenty years;

2. Other afflictive penalties, in fifteen years;

3. Correctional penalties, in ten years; with the

exception of the penalty of arresto mayor, which
prescribes in five years;

4. Light penalties, in one year.

6. Marriage of the Offended Party with the Offender

In cases of Seduction, Abduction, rape and Acts

of Lasciviousness (SARA), the marriage of the
offender with the offended party shall extinguish the
criminal action or remit the penalty already imposed
upon him.
 CHAPTER TWO
Partial Extinction of Criminal
Liability
Article 94. Partial Extinction of criminal liability. —
Criminal liability is extinguished partially:

1. By conditional pardon;
 CHAPTER TWO
Partial Extinction of Criminal
Liability
2. By commutation of the sentence; and

3. For good conduct allowances which the culprit

may earn while he is serving his sentence.
1. Conditional Pardon

It refers to the pardon granted to a prisoner

which is subject to some conditions, one of which is
that he will not commit any crime anymore. Oftenly,
this kind of pardon is delivered to a convict still
serving sentence who must accept the condition in
order to be effective. Thus, part of his sentence is
remitted which he will no longer undergo.
2. Commutation of Sentence

It refers to the substitution of a lesser penalty for

that of a greater punishment imposed on the convict
by the Chief Executive.

Thus, instead of pardon, the President may

commute the death penalty to reclusion perpetua, or
if the penalty is reclusion temporal, he may grant a
commutation altering or changing the penalty to
prision mayor.
3. Good Conduct Allowances

It refers to the reward accorded for good

behavior shown by the convict which in effect to be
deducted from total sentence imposed on the him.
“ART. 98. Special time allowance for loyalty. – A deduction of one
fifth of the period of his sentence shall be granted to any prisoner
who, having evaded his preventive imprisonment or the service of
his sentence under the circumstances mentioned in Article 158 of
this Code, gives himself up to the authorities within 48 hours
following the issuance of a proclamation announcing the passing
away of the calamity or catastrophe referred to in said article. A
deduction of two-fifths of the period of his sentence shall be granted
in case said prisoner chose to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe
enumerated in Article 158 of this Code.” (amended by R. A. 10592)
4. Parole

It refers to the extinction of remaining period of

sentence after being qualified for the grant of parole.
 TITLE FIVE
Civil Liability
CHAPTER ONE
Persons Civilly Liable for Felonies
Article 100. Civil liability of a person guilty of felony.
— Every person criminally liable for a felony is also
civilly liable.
 CHAPTER TWO
What Civil Liability Includes
Article 104. What is included in civil liability. — The
civil liability established in articles 100, 101, 102,
and 103 of this Code includes:
1. Restitution or restoration

Restitution or restoration presupposes that the

offended party was divested of property, and such
property must be returned.
2. Reparation of the damage caused
In case of human life, reparation of the damage
cause is basically P50,000.00 value of human life,
exclusive of other forms of damages. This
P50,000.00 may also increase whether such life was
lost through intentional felony or criminal negligence,
whether the result of dolo or culpa. Also in the crime
of rape, the damages awarded to the offended
woman is generally P30,000.00 for the damage to
her honor.
2. Reparation of the damage caused

In earlier rulings, the amount varied, whether the

offended woman is younger or a married woman.
Supreme Court ruled that even if the offended
woman does not adduce evidence or such damage,
court can take judicial notice of the fact that if a
woman was raped, she inevitably suffers damages.
2. Reparation of the damage caused

Under the Revised Rules on Criminal Procedure,

a private prosecutor can recover all kinds of
damages including attorney’s fee. The only limitation
is that the amount and the nature of the damages
should be specified. The present procedural law
does not allow a blanket recovery of damages. Each
kind of damages must be specified and the amount
duly proven.
3. Indemnification of consequential damages

It refers to the loss of earnings, loss of profits.

This does not refer only to consequential damages
suffered by the offended party; this also includes
consequential damages to third party who also
suffer because of commission of the crime.
 Module 4 – Law Subjects

END OF PRESENTATION

Public Safety Junior Leadership Course