Crim 1 Reyes Reviewer

CRIMINAL LAW 1 REVIEWER
INTRODUCTION testimony than the law

required at the time of
Criminal Law the commission of the
offense;
 Crime, defined. Crime is an act committed or
omitted in violation of a public law forbidding or Characteristics Of Criminal Law
commanding it.
 Sources of Philippine Criminal Law  GENERAL, in that criminal law is binding on all
 The Revised Penal Code (Act No. 3815) persons who live or sojourn in Philippine
and its amendments. territory
 Special Penal Laws passed by the  TERRITORIAL, in that criminal laws undertake to
Philippine Commission, Philippine punish crimes committed within Philippine
Assembly, Philippine Legislature, territory.
National Assembly, the Congress of the  PROSPECTIVE, in that a penal law cannot make
Philippines, and the Batasang an act punishable in a manner in which it was
Pambansa. not punishable when committed. As provided in
 Penal Presidential Decrees issued during Article 366 of the Revised Penal Code, crimes
Martial Law. are punished under the laws in force at the time
 Court decisions are not sources of criminal law, of their commission.
because they merely explain the meaning of, o Exceptions to the prospective application
and apply, the law as enacted by the legislative of criminal laws.
branch of the government.  Whenever a new statute dealing
 Limitations on the power of the lawmaking body with crime establishes
to enact penal legislation. conditions more lenient or
 No ex post facto law or bill of attainder favorable to the accused, it can
shall be enacted. (Art. Ill, Sec. 22) be given a retroactive effect.
 No person shall be held to answer for a  XPN: Where the new
criminal offense without due process of law is expressly made
law. inapplicable to pending
 The first limitation prohibits the actions or existing
passage of retroactive laws causes of action.
which are prejudicial to the  XPN: Where the
accused. offender is a habitual
 ex post facto law criminal under Rule 5,
 makes criminal an act Article 62, Revised
done before the Penal Code
passage of the law and
which was innocent Article 1. Time when Act takes effect. - This Code
when done, and shall take effect on the first day of January,
punishes such an act; nineteen hundred and thirty-two.
 aggravates a crime, or
Article 2. Application of its provisions. - Except as
makes it greater than it
provided in the treaties and laws of preferential
was, when committed;
application, the provisions of this Code shall be
 changes the punishment
enforced not only within the Philippine
and inflicts a greater
Archipelago, including its atmosphere, its interior
punishment than the
waters and maritime zone, but also outside of its
law annexed to the
jurisdiction, against those who:
crime when committed;
 alters the legal rules of 1. Should commit an offense while on a Philippine
evidence, and ship or airship
authorizes conviction
upon less or different
 But when the Philippine vessel or aircraft is in

the territory of a foreign country, the crime
committed on said vessel or aircraft is subject to
the laws of that foreign country.
 A Philippine vessel or aircraft must be
understood as that which is registered in the
Philippine Bureau of Customs.
 It is the registration of the vessel or aircraft in
accordance with the laws of the Philippines, not
the citizenship of its owner, which makes it a
Philippine ship or airship.
2. Should forge or counterfeit any coin or

currency note of the Philippine Islands or
obligations and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with the

introduction into these islands of the obligations
and securities mentioned in the presiding
number;
4. While being public officers or employees,

should commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against

national security and the law of nations, defined
in Title One of Book Two of this Code.
 The crimes against the national security and the

law of nations are treason (Art. 114), conspiracy
and proposal to commit treason (Art. 115),
espionage (Art. 117), inciting to war and giving
motives for reprisals (Art. 118), violation of
neutrality (Art. 119), correspondence with
hostile country (Art. 120), flight to enemy's
country (Art. 121), and piracy and mutiny on the
high seas. (Art. 122)
Persons Exempt From The Operation Of Our

Criminal Laws By Virtue Of The Principles Of
Public International Law.
 The following are not subject to the operation of

our criminal laws:
 Sovereigns and other chiefs of state.
 Ambassadors, ministers plenipotentiary,
ministers resident, and charges
d'affaires.
 A consul is not entitled to the privileges and
immunities of an ambassador or minister.
FELONIES  A person who caused an injury, without

intention to cause an evil, may be held liable for
Article 3. Definitions. - Acts and omissions culpable felony.
punishable by law are felonies (delitos).  Imprudence indicates a deficiency of action.
Negligence indicates a deficiency of perception.
Felonies are committed not only be means of
If a person fails to take the necessary precaution
deceit (dolo) but also by means of fault (culpa).
to avoid injury to person or damage to property,
There is deceit when the act is performed with there is imprudence. If a person fails to pay
deliberate intent and there is fault when the proper attention and to use due diligence in
wrongful act results from imprudence, foreseeing the injury or damage impending to
negligence, lack of foresight, or lack of skill. be caused, there is negligence. Negligence
usually involves lack of foresight. Imprudence
 Felonies are acts and omissions punishable by usually involves lack of skill.
the Revised Penal Code.
 Elements of felonies. Requisites of dolo or malice
 That there must be an act or omission.
 He must have FREEDOM while doing an
 That the act or omission must be
act or omitting to do an act;
punishable by the Revised Penal Code.
 He must have INTELLIGENCE while
 That the act is performed or the
doing the act or omitting to do the act;
omission incurred by means of dolo or
 He must have INTENT while doing the
culpa.
act or omitting to do the act.
 Only external act is punished.
 The existence of intent is shown by the overt
 The act must be external, because
acts of a person.
internal acts are beyond the sphere of
 Criminal intent is presumed from the
penal law. Hence, a criminal thought or
commission of an unlawful act.
a mere intention, no matter how
 When the accused is charged with intentional
immoral or improper it may be, will
felony, absence of criminal intent is a defense.
never constitute a felony.
 By omission is meant inaction, the failure to MISTAKE OF FACT
perform a positive duty which one is bound to
do. There must be a law requiring the doing or  While ignorance of the law excuses no one from
performance of an act. compliance therewith (ignorantia legis non
 "Punishable by law." excusat), ignorance or mistake of fact relieves
 "nullum crimen, nulla poena sine lege, the accused from criminal liability
 Art. 3 classifies felonies, according to the means  REQUISITES
by which they are committed, into (1) 1. That the act done would have been
intentional felonies, and (2) culpable felonies. lawful had the facts been as the accused
 In intentional felonies, the act or omission of the believed them to be.
offender is malicious. In the language of Art. 3, 2. That the intention of the accused in
the act is performed with deliberate intent (with performing the act should be lawful.
malice). The offender, in performing the act or 3. That the mistake must be without fault
in incurring the omission, has the intention to or carelessness on the part of the
cause an injury to another. accused.
 In culpable felonies, the act or omission of the  In mistake of fact, the intention of the accused
offender is not malicious. The injury caused by in performing the act should be lawful. Thus, in
the offender to another person is "unintentional, error in personae or mistake in the identity of
it being simply the incident of another act the victim, the principle of mistake of fact does
performed without malice." not apply.
 Felonies committed by means of dolo or with  Lack of intent to kill the deceased, because his
malice. intention was to kill another, does not relieve
 intent to do an injury the accused from criminal responsibility.
 Sample answer :
1. ―Had the facts been as A believed them REQUISITES OF PARAGRAPH 1 OF ART. 4.

to be, he would have been justified in
killing the intruder under Article 11, 1. That an intentional felony has been
paragraph 1, of the Revised Penal Code, committed; and
which requires, to justify the act, that 2. That the wrong done to the aggrieved party
there be –― be the direct, natural and logical
consequence of the felony committed by the
MALA IN SE AND MALA PROHIBITA, offender.
DISTINGUISHED.  That a felony has been committed
o No felony is committed
 Crimes mala in se are those so serious in their  (1) when the act or omission is not
effects on society as to call for almost punishable by the Revised Penal
unanimous condemnation of its members Code, or
 In acts mala in se, the intent governs  (2) when the act is covered by any
 Defense- good faith of the justifying circumstances
 mala prohibita are violations of mere rules of enumerated in Art. 11.
convenience designed to secure a more orderly o Any person who creates in another's mind
regulation of the affairs of society an immediate sense of danger, which causes
 mala prohibita, the only inquiry is, has the law the latter to do something resulting in the
been violated? latter's injuries, is liable for the resulting
 Good faith not a defense but intent to injuries.
perpetrate the crime  The reason for the ruling is that
when the culprit demanded money
Article 4. Criminal liability. - Criminal liability shall
from the women, threatening to
be incurred:
shoot if they would not bring out
1. By any person committing a felony (delito) their money, a felony was being
although the wrongful act done be different from committed (i.e., at that stage of
that which he intended. execution, attempted robbery with
intimidation which is punishable
 One who commits an intentional felony is under Article 294, in relation to
responsible for all the consequences which may Article 6 and Article 51 of the Code).
naturally and logically result therefrom, whether  Wrong done must be the direct, natural and logical
foreseen or intended or not. consequence of felonious act.
 "el que es causa de la causa es causa del mal o It is an established rule that a person is
causado" (he who is the cause of the cause is criminally responsible for acts committed by
the cause of the evil caused) him in violation of the law and for all the
 When a person has not committed a felony, he natural and logical consequences resulting
is not criminally liable for the result which is not therefrom.
intended. o But where it clearly appears that the injury
 The causes which may produce a result different would not have caused death, in the
from that which the offender intended are: ordinary course of events, but would have
o (1) mistake in the identity of the victim; healed in so many days and where it is
- error in personae shown beyond all doubt that the death was
o (2) mistake in the blow, that is, when due to the malicious or careless acts of the
the offender intending to do an injury to injured person or a third person, the
one person actually inflicts it on accused is not liable for homicide
another; -aberratio ictus o The felony committed must be the
o (3) the act exceeds the intent, that is, proximate cause of the resulting injury.
the injurious result is greater than that  Proximate cause is "that cause, which, in natural and
intended. –praeter intentionem continuous sequence, unbroken by any efficient
intervening cause, produces the injury, and without
which the result would not have occurred."
 Efficient Intervening cause there is an active force covered by the law, and in cases of excessive
that intervened between the felony committed and penalties. - Whenever a court has knowledge of
the resulting injury, and the active force is a distinct any act which it may deem proper to repress and
act or fact absolutely foreign from the felonious act which is not punishable by law, it shall render the
of the accused proper decision, and shall report to the Chief
Executive, through the Department of Justice, the
2. By any person performing an act which would reasons which induce the court to believe that
be an offense against persons or property, were it said act should be made the subject of legislation.
not for the inherent impossibility of its
accomplishment or an account of the employment In the same way, the court shall submit to the
of inadequate or ineffectual means. Chief Executive, through the Department of
Justice, such statement as may be deemed
IMPOSSIBLE CRIMES proper, without suspending the execution of the
sentence, when a strict enforcement of the
 The community must be protected from anti-social
provisions of this Code would result in the
activities, whether actual or potential, of the morbid
imposition of a clearly excessive penalty, taking
type of man called "socially dangerous person."
into consideration the degree of malice and the
 The penalty for impossible crime is provided in
injury caused by the offense.
Article 59 of this Code.
 The 1st paragraph of this article which
REQUISITES OF IMPOSSIBLE CRIMES
contemplates a trial of a criminal case requires
1. That the act performed would be an offense the following:
against persons or property. o 1. The act committed by the accused
2. That the act was done with evil intent. appears not punishable by any law;
3. That its accomplishment is inherently impossible, o 2. But the court deems it proper to
or that the means employed is either inadequate repress such act;
or ineffectual. o 3. In that case, the court must render
4. That the act performed should not constitute a the proper decision by dismissing the
violation of another provision of the Revised case and acquitting the accused;
Penal Code. o 4. The judge must then make a report
 "Inherent impossibility of its accomplishment." to the Chief Executive, through the
o There must be either (1) legal impossibility, Secretary of Justice, stating the reasons
or which induce him to believe that the
o (2) physical impossibility of accomplishing said act should be made the subject of
the intended act. penal legislation
 "Employment of inadequate"  The 2nd paragraph of Art. 5 requires that
o Example: A, determined to poison B, uses a o 1. The court after trial finds the accused
small quantity of arsenic by mixing it with guilty;
the food given to B, believing that the o 2. The penalty provided by law and
quantity employed by him is sufficient. But which the court imposes for the crime
since in fact it is not sufficient, B is not committed appears to be clearly
killed. The means employed (small quantity excessive, because
of poison) is inadequate to kill a person.  the accused acted with lesser
 Employment of "ineffectual means." degree of malice, and/ or;
o A tried to kill B by putting in his soup a  there is no injury or the injury
substance which he thought was arsenic caused is of lesser gravity.
when in fact it was sugar. B could not have o 3. The court should not suspend the
been killed, because the means employed execution of the sentence.
was ineffectual o 4. The judge should submit a statement
to the Chief Executive, through the
Article 5. Duty of the court in connection with Secretary of Justice, recommending
acts which should be repressed but which are not executive clemency.
Article 6. Consummated, frustrated, and ATTEMPTED FELONY

attempted felonies. - Consummated felonies as
well as those which are frustrated and attempted, Elements:
are punishable.
1. The offender commences the commission of the
A felony is consummated when all the elements felony directly by overt acts;
necessary for its execution and accomplishment 2. He does not perform all the acts of execution
are present; and it is frustrated when the which should produce the felony;
offender performs all the acts of execution which 3. The offender's act is not stopped by his own
would produce the felony as a consequence but spontaneous desistance;
which, nevertheless, do not produce it by reason 4. The non-performance of all acts of execution
of causes independent of the will of the was due to cause or accident other than his
perpetrator. spontaneous desistance.
There is an attempt when the offender  "Overt acts"

commences the commission of a felony directly or  some physical activity or deed,
over acts, and does not perform all the acts of indicating the intention to commit a
execution which should produce the felony by particular crime, more than a mere
reason of some cause or accident other than this planning or preparation, which if carried
own spontaneous desistance. to its complete termination following its
natural course, without being frustrated
Consummated felony, defined. by external obstacles nor by the
voluntary desistance of the perpetrator,
 A felony is consummated when all the elements
will logically and necessarily ripen into a
necessary for its execution and accomplishment
concrete offense.
are present.
 Preparatory acts and overt acts,
Frustrated felony, defined. distinguished.
 the act of buying poison did not
 It is frustrated when the offender performs all disclose necessarily an intention
the acts of execution which would produce the to kill a person with it
felony as a consequence but which,  Drawing or trying to draw a pistol is not
nevertheless, do not produce it by reason of an overt act of homicide
causes independent of the will of the  Shooting the bullet; Firing the
perpetrator. gun
 Raising a bolo as if to strike the
Attempted felony, defined
offended party with it is not an overt act
 There is an attempt when the offender of homicide.
commence s the commission of a felony directly  Striking it
by overt acts, and does not perform all the acts  The external acts must have a direct
of execution which should produce the felony by connection with the crime intended to
reason of some cause or accident other than his be committed by the offender.
own spontaneous desistance.  The intention of the accused must be
viewed from the nature of the acts
executed by him, and not from his
admission.
 "Does not perform all the acts of execution."
 If the offender has performed all the
acts of execution — nothing more is left
to be done — the stage of execution is
that of a frustrated felony, if the felony
is not produced; or consummated, if the
felony is produced.
 "By reason of some cause or accident." FRUSTRATED FELONY

 A picked the pocket of B, inside of which
there was a wallet containing f*50.00. Elements:
Before A could remove it from the
1. The offender performs all the acts of execution;
pocket of B, the latter grabbed A's hand
2. All the acts performed would produce the felony
and prevented him from taking it. In this
as a consequence;
case, A failed to perform all the acts of
3. But the felony is not produced;
execution, that is, taking the wallet,
4. By reason of causes independent of the will of
because of a cause, that is, the timely
the perpetrator.
discovery by B of the overt act of A.
 A aimed his pistol at B to kill the latter,
but when he pressed the trigger it
jammed and no bullet was fired from  "Independent of the will of the perpetrator."
the pistol. o Timely medical
 "Other than his own spontaneous desistance." o Hence, if the cause which prevented the
 The desistance may be through fear or consummation of the offense was the
remorse perpetrator's own and exclusive will, the 4th
 The Code requires only that the element does not exist.
discontinuance of the crime comes from  Is there frustration due to inadequate or ineffectual
the person who has begun it, and that means? Such a frustration is placed on the same
he stops of his own free will. footing as an impossible attempt.
 The desistance should be made before
FRUSTRATED FELONY DISTINGUISHED FROM
all the acts of execution are performed.
ATTEMPTED FELONY
 The desistance which exempts from
criminal liability has reference to the  In both, the offender has not accomplished his
crime intended to be committed, and criminal purpose.
has no reference to the crime actually  While in frustrated felony, the offender has
committed by the offender before his performed all the acts of execution which would
desistance. produce the felony as a consequence, in
 A, with intent to kill, fired his attempted felony, the offender merely
pistol at B, but did not hit the commences the commission of a felony directly
latter. B cried and asked A not by overt acts and does not perform all the acts
to shoot him. A desisted from of execution.
firing his pistol again at B. Is A
criminally liable? ATTEMPTED OR FRUSTRATED FELONY
 Yes, not for attempted homicide DISTINGUISHED FROM IMPOSSIBLE CRIME
because he desisted before he
could perform all the acts of  In attempted or frustrated felony and impossible
execution, but for grave threats crime, the evil intent of the offender is not
which was already committed accomplished.
by him when he desisted.  But while in impossible crime, the evil intent of
the offender cannot be accomplished; in
attempted or frustrated felony the evil intent of
the offender is possible of accomplishment.
 In impossible crime, the evil intent of the
offender cannot be accomplished because it is
inherently impossible of accomplishment or
because the means employed by the offender is
inadequate or ineffectual; in attempted or
frustrated felony, what prevented its
accomplishment is the intervention of certain
cause or accident in which the offender had no  Rape- Jurisprudence – No frustrated.

part. Consummated when the offender had
carnal knowledge. Mere penetration.
WHEN NOT ALL THE ELEMENTS OF A FELONY ARE for the consummation of rape,
PROVED perfect penetration is not
essential. Any penetration of the
 When a felony has two or more elements and
female organ by the male organ
one of them is not proved by the prosecution
is sufficient. Entry of the labia or
during the trial, either
lips of the female organ, without
 the felony is not shown to have been
rupture of the hymen or
consummated, or
laceration of the vagina, is
 the felony is not shown to have been
sufficient to warrant conviction
committed,
 another felony is shown to have been THERE IS NO ATTEMPTED OR FRUSTRATED
committed. IMPOSSIBLE CRIME
HOW TO DETERMINE WHETHER THE CRIME IS Article 7. When light felonies are punishable. -
ONLY ATTEMPTED OR FRUSTRATED OR IT IS Light felonies are punishable only when they have
CONSUMMATED been consummated, with the exception of those
committed against person or property
1. Nature of crime
 Arson (Arts. 320-326). — In arson, it is  Light felonies are those infractions of law for the
not necessary that the property is totally commission of which the penalty of arresto
destroyed by fire. The crime of arson is menor or a fine not exceeding 200 pesos, or
therefore, consummated even if only a both, is provided
portion of the wall or any other part of
the house is burned. The consummation
of the crime of arson does not depend
upon the extent of the damage caused.
(People vs. Hernandez, 54 Phil. 122)
The fact of having set fire to some rags
and jute sacks, soaked in kerosene oil,
and placing them near the wooden
partition of the house, should not be
qualified as consummated arson,
inasmuch as no part of the house began
to burn. It is only frustrated arson
 If there was blaze, but no part of the
house is burned, the crime of arson is
frustrated. If any part of the house, no
matter how small, is burned, the crime
of arson is consummated.
2. Elements constituting the felony
 Theft cases; Jurisprudence – no crime of
frustrated theft. Theft is consummated
when there is an actual taking with
intent to gain of personal property,
belonging to another, without the
latter's consent
Article 8. Conspiracy and proposal to commit  Even if the conspiracy relates to any of the
felony. - Conspiracy and proposal to commit crimes of treason, rebellion and sedition, but
felony are punishable only in the cases in which any of them is actually committed, the
the law specially provides a penalty therefor. conspiracy is not a separate offense;
 When conspiracy is only a manner of incurring
A conspiracy exists when two or more persons criminal liability, it is not punishable as a
come to an agreement concerning the separate offense.
commission of a felony and decide to commit it.
NOTE:
There is proposal when the person who has
decided to commit a felony proposes its execution  Indications of conspiracy.
to some other person or persons.  When the defendants by their acts
aimed at the same object, one
CONSPIRACY performing one part and the other
performing another part so as to
 Conspiracy is not a crime except when the law
complete it, with a view to the
specifically provides a penalty therefor.
attainment of the same object, and their
 A conspiracy exists when two or more persons
acts, though apparently independent,
come to an agreement concerning the
were in fact concerted and cooperative,
commission of a felony and decide to commit it
indicating closeness of personal
 GR: Conspiracy and proposal to commit
association, concerted action and
felony are not punishable.
concurrence of sentiments, the court will
 XPN: They are punishable only in the
be justified in concluding that said
cases in which the law specially provides
defendants were engaged in a
a penalty therefor.
conspiracy
 RATIO: Conspiracy and proposal to
 The acts of the defendants must show a
commit a crime are only preparatory
common design.
acts, and the law regards them as
 It is fundamental for conspiracy to exist
innocent or at least permissible except
that there must be unity of purpose and
in rare and exceptional cases.
unity in the execution of the unlawful
 The Revised Penal Code specially provides a
objective. Here, appellants did not act
penalty for mere conspiracy in Arts. 115,136,
with a unity of purpose. Even assuming
and 141.
that appellants have joined together in
 115 – Cons to commit treason
the killing, such circumstances alone do
 136 – Cons to commit coup d’etat,
not satisfy the requirement of a
rebellion, insurrection
conspiracy because the rule is that
 141 – Cons to commit sedition
neither joint nor simultaneous action is
 Treason, coup d'etat rebellion or sedition should
per se sufficient proof of conspiracy. It
not be actually committed.
must be shown to exist as clearly and
 If they commit, say, treason, they will
convincingly as the commission of the
be held liable for treason, and the
offense itself. Obedience to a command
conspiracy which they had before
does not necessarily show concert of
committing treason is only a manner of
design, for at any rate it is the acts of
incurring criminal liability.
the conspirators that show their
Conspiracy as a felony, distinguished from common design.
conspiracy as a manner of incurring criminal  Period of time to afford opportunity for
liability meditation and reflection, not required in
conspiracy.
 When the conspiracy relates to a crime actually  Unlike in evident premeditation, where a
committed, it is not a felony but only a manner sufficient period of time must elapse to
of incurring criminal liability, that is, when there afford full opportunity for meditation
is conspiracy, the act of one is the act of all. and reflection and for the perpetrator to
deliberate on the consequences of his interests. It is not necessary to

intended deed (U.S. vs. Gil, 13 Phil. show that all the conspirators
330), conspiracy arises on the very actually hit and killed the victim.
instant the plotters agree, expressly or Conspiracy renders all the
impliedly, to commit the felony and conspirators as co-principals
forthwith decide to pursue it. Once this regardless of the extent and
assent is established, each and character of their participation
everyone of the conspirators is made because in contemplation of law,
criminally liable for the crime, committed the act of one conspirator is the act
by anyone of them of all
o Quantum of proof required to establish
REQUISITES CONSPIRACY: conspiracy
 A conspiracy must be established by
1. That two or more persons came to an
positive and conclusive evidence. It
agreement;
must be shown to exist as clearly
2. That the agreement concerned the commission
and convincingly as the commission
of a felony; and
of the crime itself. Mere presence of
3. That the execution of the felony be decided
a person at the scene of the crime
upon.
does not make him a conspirator for
 1st element — agreement presupposes meeting of
conspiracy transcends
the minds of two or more persons.
companionship.
o Thus, the fact that a document is discovered
purporting to be a commission appointing REQUISITES PROPOSAL:
the defendant an officer of armed forces
against the Government does not prove 1. That a person has decided to commit a felony;
conspiracy, because it was not shown that and
defendant received or accepted that 2. That he proposes its execution to some other
commission. person or persons.
 2nd element — the agreement must refer to the  There is no criminal proposal when
commission of a crime. It must be an agreement to o The person who proposes is not determined
act, to effect, to bring about what has already been to commit the felony.
conceived and determined. o There is no decided, concrete and formal
o Thus, the mere fact that the defendant met proposal
and aired some complaints, showing o It is not the execution of a felony that is
discontent with the Government over some proposed.
real or fancied evils, is not sufficient  A conceived the idea of
 3rd element — the conspirators have made up their overthrowing the present
minds to commit the crime. There must be a government. A called several of his
determination to commit the crime of treason, trusted followers and instructed
rebellion or sedition. them to go around the country and
o Direct proof is not essential to establish secretly to organize groups and to
conspiracy. convince them of the necessity of
 Direct proof is not essential to having a new government. Note
establish conspiracy, and may be that what A proposed in this case is
inferred from the collective acts of not the execution of the crime of
the accused before, during and after rebellion, but the performance of
the commission of the crime. preparatory acts for the commission
Conspiracy can be presumed from of rebellion. Therefore, there is no
and proven by acts of the accused criminal proposal.
themselves when the said acts point  It is not necessary that the person to whom the
to a joint purpose and design, proposal is made agrees to commit treason or
concerted action and community of rebellion.
 Proposal as an overt act of corruption of public

officer.
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 Art. 25 of this Code.
Less grave felonies are those which the law

punishes with penalties which in their maximum
period are correctional, in accordance with the
above-mentioned Art..
Light felonies are those infractions of law for the

commission of which a penalty of arrest menor or
a fine not exceeding 200 pesos or both; is
provided.
Article 10. Offenses not subject to the provisions

of this Code. - Offenses which are or in the future
may be punishable under special laws are not
subject to the provisions of this Code. This Code
shall be supplementary to such laws, unless the
latter should specially provide the contrary.
Article 11. Justifying circumstances. - The JUSTIFYING CIRCUMSTANCE

following do not incur any criminal liability:
 Justifying circumstances are those where the act
1. Anyone who acts in defense of his person or of a person is said to be in accordance with law,
rights, provided that the following circumstances so that such person is deemed not to have
concur; transgressed the law and is free from both
criminal and civil liability. There is no civil
First. Unlawful aggression. liability, except in par. 4 of Art. 11, where the
civil liability is borne by the persons benefited by
Second. Reasonable necessity of the means
the act.
employed to prevent or repel it.
 The law recognizes the non-existence of a crime
Third. Lack of sufficient provocation on the part by expressly stating in the opening sentence of
of the person defending himself. Article 11 that the persons therein mentioned
"do not incur any criminal liability."
2. Any one who acts in defense of the person or
rights of his spouse, ascendants, descendants, or I. SELF-DEFENSE
legitimate, natural or adopted brothers or sisters,
 REQUISITES:
or his relatives by affinity in the same degrees
o Anyone who acts in defense of his
and those consanguinity within the fourth civil
person or rights, provided that the
degree, provided that the first and second
following circumstances concur:
requisites prescribed in the next preceding
 First. Unlawful aggression;
circumstance are present, and the further
 Second. Reasonable
requisite, in case the revocation was given by the
necessity of the means
person attacked, that the one making defense
employed to prevent or
had no part therein.
repel it;
3. Anyone who acts in defense of the person or  Third. Lack of sufficient
rights of a stranger, provided that the first and provocation on the part of
second requisites mentioned in the first the person defending
circumstance of this Article are present and that himself
the person defending be not induced by revenge,  The law on self-defense embodied in any
resentment, or other evil motive. penal system in the civilized world finds
justification in man's natural instinct to
4. Any person who, in order to avoid an evil or protect, repel, and save his person or rights
injury, does not act which causes damage to from impending danger or peril;
another, provided that the following requisites  it is based on that impulse of self-
are present; preservation born to man and part of his
nature as a human being
First. That the evil sought to be avoided actually
exists;
I. First requisite of self-defense
Second. That the injury feared be greater than A. Unlawful aggression is an indispensable
that done to avoid it; requisite
Third. That there be no other practical and less It is a statutory and doctrinal requirement that for the
harmful means of preventing it. justifying circumstance of self-defense, the presence of
unlawful aggression is a condition sine qua non
5. Any person who acts in the fulfillment of a duty
or in the lawful exercise of a right or office. If there is no unlawful aggression, there is nothing to
prevent or repel. The second requisite of defense will
6. Any person who acts in obedience to an order have no basis.
issued by a superior for some lawful purpose.
The attack made by the deceased and the killing of the

B. Aggression must be unlawful deceased by defendant should succeed each other
without appreciable interval of time
The fulfillment of a duty or the exercise of a right in a
more or less violent manner is an aggression, but it is The unlawful aggression must come from the person
lawful. who was attacked by the accused
Paramour surprised in the act of adultery cannot invoke A public officer exceeding his authority may become an
selfdefense if he killed the offended husband who was unlawful aggressor
assaulting him
Nature, character, location, and extent of wound of the
Unlawful aggression is equivalent to assault or at least accused allegedly inflicted by the injured party may belie
threatened assault of an immediate and imminent kind claim of self-defense
There is unlawful aggression when the peril to one's life, The fact that the accused declined to give any statement
limb or right is either actual or imminent. when he surrendered to a policeman is inconsistent with
the plea of self-defense.
There must be actual physical force or actual use of
weapon. When the aggressor flees, unlawful aggression no
longer exists
There must be an actual physical assault upon a person,
or at least a threat to inflict real injury. Retreat to take more advantageous position
There must be an actual physical assault upon a person, No unlawful aggression when there is agreement to fight
or at least a threat to inflict real injury.
 No unlawful aggression in concerted fight, as
Unlawful aggression presupposes an actual, sudden, and when the accused and the deceased, after an
unexpected attack, or imminent danger thereof, and not altercation in a bar, agreed to fight, went to a
merely a threatening or intimidating attitude store and purchased two knives; that thereafter,
the accused repeatedly expressed his desire and
Unlawful aggression refers to an attack that has actually wish to the deceased not to fight, and that the
broken out or materialized or at the very least is clearly former begged the latter that there be no fight
imminent; it cannot consist in oral threats or a merely between them, and that the deceased paid no
threatening stance or posture. heed to such request and attacked the accused;
but the accused succeeded in killing the
Reason why slap on the face constitutes unlawful
deceased. It was held that the aggression was
aggression.
reciprocal and legitimate as between two
Since the face represents a person and his dignity, contending parties.
slapping it is a serious personal attack. It is a physical  There is agreement to fight in this case
assault coupled with a willful disregard, nay, a defiance,  The challenge to a fight must be accepted
of an individual's personality  RATIO: Where the fight is agreed upon, each of
the protagonists is at once assailant and
Mere belief of an impending attack is not sufficient assaulted, and neither can invoke the right of
self-defense, because aggression which is an
A strong retaliation for an injury or threat may amount
incident in the fight is bound to arise from one
to an unlawful aggression
or the other of the combatants
The aggression that was begun by the injured party
Aggression which is ahead of the stipulated time and
already ceased to exist when the accused attacked him.
place is unlawful
In self-defense, the aggression was still existing when
the aggressor was injured or disabled by the person  Mutual Agreement
making a defense
One who voluntarily joined a fight cannot claim self-
defense
The rule now is "stand ground when in the right." hand to discharge the blow until he believes that
his victim is within his reach. In this case, it is
 So, where the accused is where he has the right not necessary to wait until the blow is about to
to be, the law does not require him to retreat be discharged, because in order that the assault
when his assailant is rapidly advancing upon him may be prevented it is not necessary that it has
with a deadly weapon been actually perpetrated
 RATIO: if one flees from an aggressor, he runs
the risk of being attacked in the back by the
aggressor
II. Second Requisite of Defense of Person or
Unlawful aggression in defense of other rights Right: Reasonable necessity of the means
employed to prevent or repel it
 Attempt to rape a woman — defense of right to  The necessity to take a course of action and to
chastity use a means of defense
 Defense of property rights  The person attacked is not duty-bound to
o OLD RULING: Defense of property can expose himself to be wounded or killed, and
be invoked as a justifying circumstance while the danger to his person or life subsists,
only when it is coupled with an attack he has a perfect and indisputable right to repel
on the person of one entrusted with said such danger by wounding his adversary and, if
property necessary, to disable him completely so that he
o NEW: Even without an attack on the may not continue the assault
person  The reasonableness of the necessity depends
 Defense of home upon the circumstances
o Violent entry to another's house at o Always Ask: Had he not
nighttime, by a person who is armed shot/killed/acted upon B what will
with a bolo, and forcing his way into the happen?
house, shows he was ready and looking o If right or person will be violated: OK
for trouble, and the manner of his entry o If not: No necessary
constitutes an act of aggression. The o Follow up: Is the act reasonable means?
owner of the house need not wait for a o Is it necessary to use *item* to prevent
blow before repelling the aggression, as it?
that blow may prove fata o If yes: Reasonable
III. Third requisite of self-defense - "Lack of
The belief of the accused may be considered in
sufficient provocation on the part of the
determining the existence of unlawful aggression
person defending himself."
 MISTAKE OF FACT  RATIO- When the person defending himself from the
attack by another gave sufficient provocation to the
Threat to inflict real injury as unlawful aggression latter, the former is also to be blamed for having
given cause for the aggression.
 NO. it is required that the act be offensive and
 There was provocation, but not sufficient.
positively strong, showing the wrongful intent of
o Exercise of rights
the aggressor to cause an injury
 Sufficient provocation not given by the person
Mere threatening attitude is not unlawful aggression defending himself
o SELF
When intent to attack is manifest, picking up a weapon  Provocation by the person defending himself must
is sufficient unlawful aggression be proximate and immediate to the aggression
Aggression that is expected Flight, incompatible with self-defense
 An aggression that is expected is still real,  The appellant went into hiding after the hacking
provided it is imminent. It is well-known that the incident. Suffice it to state that flight after the
person who pursues another with the intent and commission of the crime is highly evidentiary of
purpose of assaulting him does not raise his guilt, and incompatible with self-defense
II. DEFENSE OF RELATIVES IV. AVOIDANCE OF AN EVIL OR INJURY (STATE

OF NECESSITY)
REQUISITES
REQUISITES:
1. Unlawful aggression;
2. Reasonable necessity of the means employed to Any person who, in order to avoid an evil or injury, does
prevent or repel it; and an act which causes damage to another, provided that
3. In case the provocation was given by the person the following requisites are present:
attacked, the one making a defense had no part
therein 1. First. That the evil sought to be avoided actually
exists;
 Relatives that can be defended 2. Second. That the injury feared be greater than
o CODAL that done to avoid it
 Third requisite of defense of relative 3. Third. That there be no other practical and less
o It does not mean that the relative defended harmful means of preventing it
should give provocation to the aggressor.
The evil which brought about the greater evil must not
The clause merely states an event which
result from a violation of law by the actor.
may or may not take place.
o The fact that the relative defended gave There is civil liability under this paragraph
provocation is immaterial. – ―in case‖ ―as
long as defender had no part therein  the civil liability is borne by the persons
(provocation)‖ benefited.
III. DEFENSE OF A STRANGER V. FULFILLMENT OF DUTY OR LAWFUL EXERCISE

OF RIGHT OR OFFICE
REQUISITES
Any person who acts in the fulfillment of a duty or in the
1. Unlawful aggression; lawful exercise of a right or office.
2. Reasonable necessity of the means employed to
prevent or repel it; and REQUISITES:
3. The person defending be not induced by
1. That the accused acted in the performance of a
revenge, resentment, or other evil motive.
duty or in the lawful exercise of a right or office;
Who are deemed strangers? 2. That the injury caused or the offense committed
be the necessary consequence of the due
 Any person not included in the enumeration of performance of duty or the lawful exercise of
relatives mentioned in paragraph 2 of this such right or office
article, is considered stranger for the purpose of
paragraph 3. Hence, even a close friend or a
distant relative is a stranger within the meaning
 Ppl v Oanis, The second requisite is not present,
of paragraph 3.
because through impatience, over-anxiety, or in
their desire to take no chances, the accused
exceeded in the fulfillment of their duty when
they killed a sleeping person whom they
believed to be the wanted criminal without
making any previous inquiry as to his identity.
 Shooting an offender who refused to surrender
is justified.
o DUE CARE; Duty of Policemen
 But shooting a thief who refused to be arrested
is not justified.
o a, it was held that although an officer in
making a lawful arrest is justified in
using such force as is reasonably

necessary to secure and detain the
offender, overcome his resistance,
prevent his escape, recapture him if he
escapes, and protect himself from bodily
harm, yet he is never justified in using
unnecessary force or in treating him
with wanton violence, or in resorting to
dangerous means when the arrest could
be effected otherwise
 The public officer acting in the fulfillment of a
duty may appear to be an aggressor but his
aggression is not unlawful, it being necessary to
fulfill his duty
VI. OBEDIENCE TO AN ORDER ISSUED FOR SOME

LAWFUL PURPOSE
Any person who acts in obedience to an order issued by

a superior for some lawful purpose.
REQUISITES:
1. That an order has been issued by a superior.

2. That such order must be for some lawful
purpose
3. That the means used by the subordinate to
carry out said order is lawful.
When the order is not for a lawful purpose, the

subordinate who obeyed it is criminally liable
The subordinate is not liable for carrying out an illegal

order of his superior, if he is not aware of the illegality of
the order and he is not negligent
Article 12. Circumstances which exempt from EXEMPTING CIRCUMSTANCE

criminal liability. - the following are exempt from
criminal liability:  Exempting circumstances (non-imputah-lity) are
those grounds for exemption from punishment
1. An imbecile or an insane person, unless the because there is wanting in the agent of the
latter has acted during a lucid interval. crime any of the conditions which make the act
voluntary or negligent.
When the imbecile or an insane person has  The exemption from punishment is based on the
committed an act which the law defines as a complete absence of intelligence, freedom of
felony (delito), the court shall order his action, or intent, or on the absence of
confinement in one of the hospitals or asylums negligence on the part of the accused.
established for persons thus afflicted, which he  Under the Revised Penal Code, a person must
shall not be permitted to leave without first act with malice or negligence to be criminally
obtaining the permission of the same court. liable. One who acts without intelligence,
freedom of action or intent does not act with
2. A person under nine years of age. (15)
malice. On the other hand, one who acts
3. A person over nine years of age and under without intelligence, freedom of action or fault
fifteen, unless he has acted with discernment, in does not act with negligence
which case, such minor shall be proceeded
I. IMBECILITY & INSANITY
against in accordance with the provisions of Art.
80 of this Code. (15)  This paragraph establishes the distinction
between imbecility and insanity, because while
When such minor is adjudged to be criminally
the imbecile is exempt in all cases from criminal
irresponsible, the court, in conformably with the
liability, the insane is not so exempt if it can be
provisions of this and the preceding paragraph,
shown that he acted during a lucid interval
shall commit him to the care and custody of his
 During lucid interval, the insane acts with
family who shall be charged with his surveillance
intelligence
and education otherwise, he shall be committed
 An imbecile is one who, while advanced in age,
to the care of some institution or person
has a mental development comparable to that of
mentioned in said Art. 80.
children between two and seven years of age.
4. Any person who, while performing a lawful act  To constitute insanity, there must be complete
with due care, causes an injury by mere accident deprivation of intelligence or that there be a
without fault or intention of causing it. total deprivation of the freedom of the will
 Insanity at the time of the commission of the
5. Any person who act under the compulsion of felony distinguished from insanity at the time of
irresistible force. the trial.
o When a person was insane at the time
6. Any person who acts under the impulse of an
of the commission of the felony, he is
uncontrollable fear of an equal or greater injury.
exempt from criminal liability.
7. Any person who fails to perform an act o When he was sane at the time of the
required by law, when prevented by some lawful commission of the crime, but he
insuperable cause. becomes insane at the time of the trial,
he is liable criminally. The trial,
however, will be suspended until the
mental capacity of the accused be
restored to afford him a fair trial.
 Dementia praecox is covered by the term
insanity
o Thus, when a person is suffering from a
form of psychosis, a type of dementia
praecox, homicidal attack is common,
because of delusions that he is being III. A person over nine years of age and under
interfered with sexually, or that his fifteen, unless he has acted with discernment, in
property is being taken. During the which case, such minor shall be proceeded
period of excitement, such person has against in accordance with the provisions of
no control whatever of his acts. Article 80 of this Code. (*15-18)
o The unlawful act of the accused may be
due to his mental disease or a mental  A minor under eighteen (18) but above fifteen
defect, producing an "irresistible (15) must have acted with discernment to incur
impulse," as when the accused has been criminal liability. The minor is presumed to have
deprived or has lost the power of his will acted without discernment since the phrase
which would enable him to prevent "unless he/she acted with discernment"
himself from doing the act. indicates an exception to the general rule that a
 Schizophrenia, formerly called dementia praecox minor under 18 but above 15 has acted without
 Kleptomania discernment.
o The case of a person suffering from  Periods of criminal responsibility Republic Act
kleptomania must be investigated by No. 9344
competent alienist or psychiatrist to o The age of absolute irresponsibility — 9
determine whether the impulse to steal years and below (infancy). (*15)
is irresistible or not. o The age of conditional responsibility —
o On the other hand, if the mental disease between 9 and 15 years. (*15-18)
or mental defect of the accused only o The age of full responsibility — 18 or
diminishes the exercise of his will- over (adolescence) to 70 (maturity
power, and did not deprive him of the o The age of mitigated responsibility —
consciousness of his acts, then over 9 and under 15, offender acting
kleptomania, if it be the result of his with discernment; 15 or over but less
mental disease or mental defect, is only than 18; over 70 years of age.
a mitigating circumstance.  Meaning of "discernment."
 Committing a crime while in a dream o The terms "intent" and "discernment"
 Committing a crime while suffering from convey two distinct thoughts. While both
malignant malaria are products of the mental processes
within a person, "intent" refers to the
Basis of paragraph 1 desired act of the person while
"discernment" relates to the moral
 The exempting circumstance of insanity or significance that a person ascribes to
imbecility is based on the complete absence of the said act
intelligence, an element of voluntariness.  The allegation of "with intent to kill" in the
information is sufficient allegation of
II. A person under nine years of age (MINORITY)
discernment
 Age of absolute irresponsibility raised to fifteen  The exempting circumstance in paragraph 3 of
years of age. Art. 12 is based also on the complete absence of
 Construed as 15 or less intelligence.
 The exempting circumstance of minority is
based also on the complete absence of
intelligence.
IV. ACCIDENT himself; it must be a force which acts upon him from the
outside and by a third person
Any person who, while performing a lawful act with due
care, causes an injury by mere accident without fault or The duress, force, fear or intimidation must be present,
intention of causing it imminent and impending and of such a nature as to
induce a well-grounded apprehension of death or serious
ELEMENTS: bodily harm if the act is not done.
1. A person is performing a lawful act; A threat of future injury is not enough. The compulsion
2. With due care; must be of such a character as to leave no opportunity
3. He causes an injury to another by mere to the accused for escape or self-defense in equal
accident; combat.
4. Without fault or intention of causing it
Passion or obfuscation cannot be irresistible force
What is an accident?
- The irresistible force can never consist in an
 An accident is something that happens outside impulse or passion, or obfuscation. It must consist of an
the sway of our will, and although it comes extraneous force coming from a third person
about through some act of our will, lies beyond
the bounds of humanly foreseeable BASIS:
consequences.
The exempting circumstance in paragraph 5 of Art. 12 is
Accident presupposes lack of intention to commit the based on the complete absence of freedom, an element
wrong done. of voluntariness. A person who acts under the
compulsion of an irresistible force, like one who acts
Case of negligence, not accident under the impulse of uncontrollable fear of equal or
greater injury, is exempt from criminal liability because
Accident and negligence, intrinsically contradictory
he does not act with freedom.
The exempting circumstance in paragraph 4 of Art. 12 is
VI. UNCONTROLLABLE FEAR
based on lack of negligence and intent. Under this
circumstance, a person does not commit either an Any person who acts under the impulse of an
intentional felony or a culpable felony. uncontrollable fear of an equal or greater injury
V. IRRESISTIBLE FORCE REQUISITES
Any person who acts under the compulsion of an 1. That the threat which causes the fear is of an
irresistible force. evil greater than or at least equal to, that which
he is required to commit;
ELEMENTS:
2. That it promises an evil of such gravity and
1. That the compulsion is by means of physical imminence that the ordinary man would have
force. succumbed to it
2. That the physical force must be irresistible.
UNCONTROLLABLE FEAR
3. That the physical force must come from a third
person. For the exempting circumstance of uncontrollable fear to
be invoked successfully, the following requisites must
Before a force can be considered to be an irresistible
concur:
one, it must produce such an effect upon the individual
that, in spite of all resistance, it reduces him to a mere  existence of an uncontrollable fear
instrument and, as such, incapable of committing a  the fear must be real and imminent;
crime. It must be such that, in spite of the resistance of  the fear of an injury is greater than or at least
the person on whom it operates, it compels his members equal to that committed.
to act and his mind to obey. Such a force can never
consist in anything which springs primarily from the man
Nature of duress as a valid defense DISTINCTION BETWEEN JUSTIFYING AND

EXEMPTING CIRCUMSTANCES
- Duress as a valid defense should be based on
real, imminent, or reasonable fear for one's life  A person who acts by virtue of a justifying
or limb and should not be speculative, fanciful, circumstance does not transgress the law, that
or remote fear. is, he does not commit any crime in the eyes of
the law, because there is nothing unlawful in the
The accused must not have opportunity for escape or act as well as in the intention of the actor. The
self-defense act of such person is in itself both just and
lawful.
- threat of future injury is not enough. The
 In justifying circumstances, there is neither a
compulsion must be of such a character as to
crime nor a criminal. No civil liability, except in
leave no opportunity to the accused for escape
par. 4
or self-defense in equal combat
 In exempting circumstances, there is a crime but
- Duress is unavailing where the accused had
no criminal liability. The act is not justified, but
every opportunity to run away if he had wanted
the actor is not criminally liable. There is civil
to or to resist any possible aggression because
liability, except in pars. 4 and 7
he was also armed
- Speculative, fanciful and remote fear is not
uncontrollable fear.
Distinction between irresistible force and uncontrollable

fear.
- In irresistible force (par. 5), the offender uses

violence or physical force to compel another
person to commit a crime; in uncontrollable fear
(par. 6), the offender employs intimidation or
threat in compelling another to commit a crime.
Basis of paragraph 6.
- The exempting circumstance in paragraph 6 of

Art. 12 is also based on the complete absence of
freedom.
- "Actus me invito factus non est meus actus."
("An act done by me against my will is not my
act.")
VII. LAWFUL or INSUPERABLE CAUSE
Any person who fails to perform an act required by law,

when prevented by some lawful or insuperable cause.
ELEMENTS:
1. That an act is required by law to be done;

2. That a person fails to perform such act;
3. That his failure to perform such act was due to
some lawful or insuperable cause.
RATIO: The circumstance in paragraph 7 of Art. 12

exempts the accused from criminal liability, because he
acts without intent, the third condition of voluntariness
in intentional felony.
Chapter Three MITIGATING CIRCUMSTANCE

CIRCUMSTANCES WHICH MITIGATE CRIMINAL
LIABILITY - Mitigating circumstances are those which, if
present in the commission of the crime, do not
Article 13. Mitigating circumstances. - The entirely free the actor from criminal liability, but
following are mitigating circumstances; serve only to reduce the penalty
- Mitigating circumstances are based on the
1. Those mentioned in the preceding chapter, diminution of either freedom of action,
when all the requisites necessary to justify or to intelligence, or intent, or on the lesser perversity
exempt from criminal liability in the respective of the offender
cases are not attendant.
2. That the offender is under eighteen year of age Ordinary

or over seventy years. In the case of the minor, Privileged
Mitigating
he shall be proceeded against in accordance with Mitigating
the provisions of Art. 80.
Cannot be offset Can be offset
3. That the offender had no intention to commit Offset by any
by any by a generic
so grave a wrong as that committed. aggravating
aggravating aggravating
circumstance
4. That sufficient provocation or threat on the circumstance circumstance
part of the offended party immediately preceded
the act. If not
Has the effect of offset, has the
5. That the act was committed in the immediate
imposing the effect of
vindication of a grave offense to the one Effect on the
penalty by 1 or 2 imposing the
committing the felony (delito), his spouse, penalty
degrees than that penalty in the
ascendants, or relatives by affinity within the
provided by law minimum
same degrees.
period
6. That of having acted upon an impulse so
powerful as naturally to have produced passion or Minority,
obfuscation. Incomplete Self-
defense, two or
7. That the offender had voluntarily surrendered
more mitigating
himself to a person in authority or his agents, or Those
circumstances
that he had voluntarily confessed his guilt before circumstances
without any
the court prior to the presentation of the evidence Kinds enumerated in
aggravating
for the prosecution; paragraph 1 to
circumstance (has
10 of Article 13
8. That the offender is deaf and dumb, blind or the effect of
otherwise suffering some physical defect which lowering the
thus restricts his means of action, defense, or penalty by one
communications with his fellow beings. degree)
9. Such illness of the offender as would diminish

the exercise of the will-power of the offender
without however depriving him of the I. Those mentioned in the preceding chapter
consciousness of his acts. when all the requisites necessary to justify the
act or to exempt from criminal liability in the
10. And, finally, any other circumstances of a respective cases are not attendant.
similar nature and analogous to those above
mentioned.  Justifying circumstances
1. Self-defense/defense of relative/defense of Example: Under threat that their farm will be burned,
stranger – unlawful aggression must be present Pedro and Juan took turns guarding it at night. Pedro
for Art 13 to be applicable. Other 2 elements not fired in the air when a person in the shadows refused to
necessary. If 2 requisites are present – reveal his identity. Juan was awakened and shot the
considered a privileged mitigating circumstance.
unidentified person. Turned out to be a neighbor looking
Example: Juan makes fun of Pedro. Pedro gets pissed
for is pet. Juan may have acted under the influence of
off, gets a knife and tries to stab Juan. Juan grabs his
fear but such fear was not entirely uncontrollable.
own knife and kills Pedro. Incomplete self-defense
Considered mitigating
because although there was unlawful aggression and
reasonable means to repel was taken, there was
II. MINORITY
sufficient provocation on the part of Juan. But since 2
elements are present, it considered as privileged Paragraph 2, Article 13 of the Revised Penal Code
mitigating. providing that offender under eighteen years of age is
b. State of Necessity (par 4) avoidance of greater evil entitled to a mitigating circumstance of minority is
or injury; if any of the last 2 requisites is absent, there’s deemed repealed by the provision of Republic Act 9344
declaring a child above fifteen (15) years but below
only an ordinary Mitigating Circumstance.
eighteen years (18) or age shall be exempt from criminal
Example: While driving his car, Juan sees Pedro
liability unless he/she has acted with discernment. (Sec.
carelessly crossing the street. Juan swerves to avoid
6, Rep. Act No. 9344)
him, thus hitting a motorbike with 2 passengers, killing
them instantly. Not all requisites to justify act were In other words, whereas before, an offender fifteen (15)
present because harm done to avoid injury is greater. or over but under eighteen (18) years of age is entitled
only to the benefits provided under Article 68 of the
Considered as mitigating.
Revised Penal Code, under Republic Act No. 9344 or the
c. Performance of Duty (par 5)
"Juvenile Justice and Welfare Act of 2006," such
Example: Juan is supposed to arrest Pedro. He thus offender may be exempt from criminal liability should
goes to Pedro’s hideout. Juan sees a man asleep. he/she acted without discernment.
Thinking it was Pedro, Juan shot him. Juan may have
On the other hand, if such offender acted with
acted in the performance of his duty but the crime was
discernment, such child in conflict with the law shall
not a necessary consequence thereof. Considered as
undergo diversion programs provided under Chapter 2 of
mitigating. Republic Act No. 9344.
 Exempting circumstance
a. Minority over 9 and under 15 – if minor acted with That the offender is over 70 years of age is only a
discernment, considered mitigating generic mitigating circumstance.
Example: 13 year old stole goods at nighttime. Acted III. That the offender had no intention to commit
with discernment as shown by the manner in which the so grave a wrong as that committed. (PRAETER
act was committed. INTENTIONEM)
b. Causing injury by mere accident – if 2nd requisite
RULE: This circumstance can be taken into account only
(due care) and 1st part of 4th requisite (without fault –
when the facts proven show that there is a notable and
thus negligence only) are ABSENT, considered as evident disproportion between the means employed to
mitigating because the penalty is lower than that execute the criminal act and its consequences.
provided for intentional felony.
Example: Police officer tries to stop a fight between Juan Intention, being an internal state, must be judged by
external acts
and Pedro by firing his gun in the air. Bullet ricocheted
and killed Petra. Officer willfully discharged his gun but Art. 13, par. 3, is not applicable when the offender
was unmindful of the fact that area was populated. employed brute force
c. Uncontrollable fear – only one requisite
present, considered mitigating
It is the intention of the offender at the moment when Provocation must originate from the offended party
he is committing the crime which is considered.
Difference between sufficient provocation as requisite of
Lack of intention to commit so grave a wrong mitigating incomplete self-defense and as a mitigating
in robbery with homicide. circumstance
Appreciated in murder qualified by circumstances based - Sufficient provocation as a requisite of

on manner of commission, not on state of mind of incomplete self-defense is different from
accused sufficient provocation as a mitigating
circumstance.
 NOT INCOMPATIBLE. STATE OF MIND vs - As an element of self-defense, it pertains to its
MEANS EMPLOYED absence on the part of the person defending
himself; while as a mitigating circumstance, it
Not appreciated in murder qualified by treachery
pertains to its presence on the part of the
Lack of intent to kill not mitigating in physical injuries offended party
 In crimes against persons who do not die as a Provocation must be immediate to the commission of the
result of the assault, the absence of the intent to crime
kill reduces the felony to mere physical injuries,
Threat immediately preceded the act
but it does not constitute a mitigating
circumstance under Art. 13, par. 3 - The threat should not be offensive and positively
 Mitigating when the victim dies. strong, because, if it is, the threat to inflict real
injury is an unlawful aggression which may give
Not applicable to felonies by negligence
rise to self-defense
Applicable only to offenses resulting in physical injuries
V. That the act was committed in the immediate
or material harm.
vindication of a grave offense to the one
IV. That sufficient provocation or threat on the committing the felony (delito), his spouse,
part of the offended party immediately preceded ascendants, descendants, legitimate, natural or
the act. adopted brothers or sisters, or relatives by
affinity within the same degrees
Requisites:
1. That the provocation must be sufficient.

2. That it must originate from the offended party. Requisites:
3. That the provocation must be immediate to the
1. That there be a grave offense done to the one
act, i.e., to the commission of the crime by the
committing the felony, his spouse, ascendants,
person who is provoked.
descendants, legitimate, natural or adopted
By provocation is understood any unjust or improper brothers or sisters, or relatives by affinity within
conduct or act of the offended party, capable of exciting, the same degrees;
inciting, or irritating any one. 2. That the felony is committed in vindication of
such grave offense. A lapse of time is allowed
Provocation in order to be mitigating must be sufficient between the vindication and the doing of the
and immediately preceding the act grave offense.
The word "sufficient" means adequate to excite a person A lapse of time is allowed between the grave offense
to commit the wrong and must accordingly be and the vindication
proportionate to its gravity.
Interval of time negating vindication
As to whether or not a provocation is sufficient depends
upon the act constituting the provocation, the social Vindication of a grave offense incompatible with passion
standing of the person provoked, the place and the time or obfuscation.
when the provocation is made.
Vindication of grave offense cannot co-exist with passion

and obfuscation
PROVOCATION VINDICATION
- In the case of People vs. Yaon, C.A., 43 O.G.
4142, it was held that if the accused assailed his
Grave offense may be victim in the proximate vindication of a grave
Made directly only to the offense, he cannot successfully allege that he
also against the
person committing the was also, in the same breath, blinded by passion
offender’s relatives
felony and obfuscation, because these two mitigating
mentioned by law
circumstances cannot both exist and be based
on one and the same fact or motive. At most,
Offended party must only one of them could be considered in favor of
Cause that brought about
have done a grave the appellant, but not both simultaneously.
the provocation need not
offense to the offender Viada, citing more than one dozen cases, says
be a grave offense
or his relatives that it is the constant doctrine of the Spanish
Supreme Court that one single fact cannot be
made the basis of different modifying
Necessary that
circumstances
provocation or threat May be proximate. Time
immediately preceded the interval allowed Passion or obfuscation compatible with lack of intention
act. No time interval to commit so grave a wrong.
Passion or obfuscation incompatible with treachery
VI. That of having acted upon an impulse so - Passion or obfuscation cannot co-exist with
powerful as naturally to have produced passion or treachery, for while in the mitigating
obfuscation circumstance of passion or obfuscation the
offender loses his reason and self-control, in the
This paragraph requires that — aggravating circumstance of treachery, the
mode of attack must be consciously adopted.
1. The accused acted upon an impulse. One who loses his reason and self-control
cannot deliberately employ a particular means,
2. The impulse must be so powerful that it naturally
method or form of attack in the execution of a
produced passion or obfuscation in him.
crime
Rule for the application of this paragraph
Vindication or obfuscation cannot be considered when
Passion or obfuscation may constitute a mitigating the person attacked is not the one who gave cause
circumstance only when the same arose from lawful therefor
sentiments
- Vindication and obfuscation cannot be
Requisites of the mitigating circumstance of passion or considered, not only because the elopement of
obfuscation: Lucila Dagatan with Eleuterio Yara and her
abandonment by the latter took place long
1. That there be an act, both unlawful and sufficient to before the commission of the crime, but also
produce such a condition of mind; and because the deceased was not the one who
eloped with and abandoned her.
2. That said act which produced the obfuscation was not
far removed from the commission of the crime by a Passion and obfuscation cannot co-exist with evident
considerable length of time, during which the premeditation
perpetrator might recover his normal equanimity
- The aggravating circumstance of evident
Provocation and obfuscation arising from one and the premeditation cannot co-exist with the
same cause should be treated as only one mitigating circumstance of passion and obfuscation. The
circumstance. essence of premeditation is that the execution of
the criminal act must be preceded by calm VII. That the offender had voluntarily
thought and reflection upon the resolution to surrendered himself to a person in authority or
carry out the criminal intent during the space of his agents, or that he had voluntarily confessed
time sufficent to arrive at a composed judgment. his guilt before the court prior to the presentation
of the evidence for the prosecution.
PASSION AND
IRRESITIBLE FORCE VOLUNTARY SURRENDER
OBFUSCATION
Requisites of voluntary surrender:
Mitigating Exempting
a. That the offender had not been actually arrested.
No physical force needed Requires physical force b. That the offender surrendered himself to a person in
authority or to the latter's agent.
Must come from a 3rd c. That the surrender was voluntary.

From the offender himself
person
Requisite of voluntariness:
Must come from lawful - For voluntary surrender to be appreciated, the

Unlawful
sentiments same must be spontaneous in such a manner
that it shows the interest of the accused to
surrender unconditionally to the authorities,
either because he acknowledged his guilt or
PASSION AND because he wishes to save them the trouble and
OBFUSCATION PROVOCATION expenses necessarily incurred in his search and
capture
Produced by an impulse which Comes from injured Not mitigating when defendant was in fact arrested
may be caused by provocation party
The law does not require that the surrender be prior to
the order of arrest
Offense, which engenders
perturbation of mind, need not Must immediately When the warrant of arrest had not been served or not
be immediate. It is only precede the returned unserved because the accused cannot be
required that the influence commission of the located, the surrender is mitigating
thereof lasts until the crime is crime
committed When is surrender voluntary?
- A surrender to be voluntary must be

Effect is loss of reason and spontaneous, showing the intent of the accused
self-control on the part of the Same to submit himself unconditionally to the
offender authorities, either (1) because he acknowledges
his guilt, or (2) because he wishes to save them
the trouble and expenses necessarily incurred in
his search and capture
The surrender must be spontaneous.
Intention to surrender, without actually surrendering, is

not mitigating.
PLEA OF GUILT VIII. That the offender is deaf and dumb, blind or
otherwise suffering from some physical defect
In order that the plea of guilty may be mitigating, the which thus restricts his means of action, defense,
three requisites must be present: or communication with his fellow beings
1. That the offender spontaneously confessed his guilt; IX. Such illness of the offender as would diminish
the exercise of the will-power of the offender
2. That the confession of guilt was made in open court,
without however depriving him of consciousness
that is, before the competent court that is to try the
of his acts.
case; and
Requisites:
3. That the confession of guilt was made prior to the
presentation of evidence for the prosecution 1. That the illness of the offender must diminish the
exercise of his will-power.
Plea of guilty on appeal, not mitigating
2. That such illness should not deprive the offender of
Plea of not guilty at the preliminary investigation is no
consciousness of his acts.
plea at all.
When the offender completely lost the exercise of will-
- If an accused is charged with an offense
power, it may be an exempting circumstance.
cognizable by the court of first instance, and
pleads not guilty before the municipal court at Deceased mind, not amounting to insanity, may give
its preliminary investigation, and after the place to mitigation
elevation of the case to the court of first
instance—the court of competent jurisdiction— X. And, finally, any other circumstance of a similar
he pleads guilty upon arraignment before this nature and analogous to those abovementioned.
latter court, the plea of not guilty upon
arraignment at the preliminary investigation in  Examples of ―any other circumstance‖:
the municipal court is no plea at all. Hence, the
a) defendant who is 60 years old with failing eyesight
accused could claim his plea of guilty in the
is similar to a case of one over 70 years old
court of first instance as mitigating circumstance
pursuant to Article 13(7) of the Revised Penal b) outraged feeling of owner of animal taken for
Code ransom is analogous to vindication of grave offense
The confession of guilt must be made in open court. c) impulse of jealous feeling, similar to PASSION AND
OBFUSCATION
Plea of guilty after the fiscal had presented evidence is
not mitigating because the third requisite is lacking d) voluntary restitution of property, similar to
voluntary surrender
Withdrawal of plea of not guilty and pleading guilty
before presentation of evidence by prosecution is still e) extreme poverty, similar to incomplete justification
mitigating based on state of necessity
SC ruled that an offer to enter a plea of guilty to a lesser  NOT analogous:

offense cannot be considered as an attenuating
circumstance under the provisions of Art. 13 of The a) killing wrong person
Revised Penal Code because to be voluntary the plea of
b) not resisting arrest not the same as voluntary
guilty must be to the offense charged. (People v
surrender
Dawaton)
c) running amuck is not mitigating
Plea of guilty to a lesser offense is not a mitigating
circumstance, because to be voluntary, the plea of guilty  MITIGATING CIRCUMSTANCE which arise from:
must be to the offense charged
a) moral attributes of the offender
Example: Juan and Tomas killed Pedro. Juan acted w/

PASSION AND OBFUSCATION. Only Juan will be entitled
to Mitigating Circumstance
b) private relations with the offended party
Example: Juan stole his brother’s watch. Juan sold it to

Pedro, who knew it was stolen. The circumstance of
relation arose from private relation of Juan and the
brother. Does not mitigate Pedro.
c) other personal cause
Example: Minor, acting with discernment robbed Juan.

Pedro, passing by, helped the minor. Circumstance of
minority, mitigates liability of minor only.
 Shall serve to mitigate the liability of the

principals, accomplices and accessories to whom
the circumstances are attendant.
 Circumstances which are neither exempting nor

mitigating
a) mistake in the blow
b) mistake in the identity of the victim
c) entrapment of the accused
d) accused is over 18 years old
e) performance of a righteous action
Example: Juan saved the lives of 99 people but caused

the death of the last person, he is still criminally liable
Chapter Four an equal or greater penalty or for two or more

CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL crimes to which it attaches a lighter penalty.
LIABILITY
11. That the crime be committed in consideration
Article 14. Aggravating circumstances. - The of a price, reward, or promise.
following are aggravating circumstances:
12. That the crime be committed by means of
1. That advantage be taken by the offender of his inundation, fire, poison, explosion, stranding of a
public position. vessel or international damage thereto,
derailment of a locomotive, or by the use of any
2. That the crime be committed in contempt or other artifice involving great waste and ruin.
with insult to the public authorities.
13. That the act be committed with evidence
3. That the act be committed with insult or in premeditation.
disregard of the respect due the offended party
on account of his rank, age, or sex, or that is be 14. That the craft, fraud or disguise be employed.
committed in the dwelling of the offended party,
if the latter has not given provocation. 15. That advantage be taken of superior strength,
or means be employed to weaken the defense.
4. That the act be committed with abuse of
confidence or obvious ungratefulness. 16. That the act be committed with treachery
(alevosia).
5. That the crime be committed in the palace of
the Chief Executive or in his presence, or where There is treachery when the offender commits
public authorities are engaged in the discharge of any of the crimes against the person, employing
their duties, or in a place dedicated to religious means, methods, or forms in the execution
worship. thereof which tend directly and specially to insure
its execution, without risk to himself arising from
6. That the crime be committed in the night time, the defense which the offended party might
or in an uninhabited place, or by a band, make.
whenever such circumstances may facilitate the
commission of the offense. 17. That means be employed or circumstances
brought about which add ignominy to the natural
Whenever more than three armed malefactors effects of the act.
shall have acted together in the commission of an
offense, it shall be deemed to have been 18. That the crime be committed after an
committed by a band. unlawful entry.
7. That the crime be committed on the occasion of There is an unlawful entry when an entrance of a
a conflagration, shipwreck, earthquake, epidemic crime a wall, roof, floor, door, or window be
or other calamity or misfortune. broken.
8. That the crime be committed with the aid of 20. That the crime be committed with the aid of
armed men or persons who insure or afford persons under fifteen years of age or by means of
impunity. motor vehicles, motorized watercraft, airships, or
other similar means. (As amended by RA 5438).
9. That the accused is a recidivist.
21. That the wrong done in the commission of the
A recidivist is one who, at the time of his trial for crime be deliberately augmented by causing other
one crime, shall have been previously convicted wrong not necessary for its commissions.
by final judgment of another crime embraced in
the same title of this Code.
10. That the offender has been previously

punished by an offense to which the law attaches
ALTERNATIVE CIRCUMSTANCE
- Aggravating circumstance s are those which, if Need not be alleged.

attendant in the commission of the crime, serve May be proved over the
to increase the penalty without, however, Must be alleged in the objection of the defense.
exceeding the maximum of the penalty provided information. Integral part Qualifying if not alleged
by law for the offense. of the offense will make it generic
- They are based on the greater perversity of the
offender manifested in the commission of the
felony as shown by: (1) the motivating power
 Aggravating Circumstances which DO NOT have
itself, (2) the place of commission, (3) the
means and ways employed, (4) the time, or (5) the effect of increasing the penalty:
the personal circumstances of the offender, or of
the offended party. 1) which themselves constitute a crime specifically
punishable by law or which are included in the law
Kinds: defining a crime and prescribing the penalty thereof
a) Generic – generally applicable to all crimes Example: breaking a window to get inside the house and
rob it
b) Specific – apply only to specific crimes (ignominy
– for chastity crimes; treachery – for persons crimes) 2) aggravating circumstance inherent in the crime to
such degree that it must of necessity accompany the
c) Qualifying – those that change the nature of the commission thereof
crime (evident premeditation – becomes murder)
Example: evident premeditation inherent in theft,
d) Inherent – necessarily accompanies the robbery, estafa, adultery and concubinage
commission of the crime (evident premeditation in theft,
estafa)  Aggravating circumstances are not presumed.
Must be proved as fully as the crime itself in
order to increase the penalty.
QUALIFYING GENERIC
AGGRAVATING AGGRAVATING I. That advantage be taken by the offender of his
CIRCUMSTANCE CIRCUMSTANCE public position.
Applicable only when the offender is a public officer.
Gives the proper and - The aggravating circumstance that advantage be

exclusive name, places the taken by the offender of his public position
applies only when the person committing the
author thereof in such a
crime is a public officer who takes advantage of
situation as to deserve no Increase penalty to the
his public position.
other penalty than that maximum, without
specifically prescribed by exceeding limit The commission of the crime would not have been
law prescribed by law possible without the powers, resources and influence of
the office he holds.
The public officer must use the influence, prestige or

Can’t be offset by May be compensated by ascendancy which his office gives him as the means by
Mitigating Circumstance Mitigating Circumstance which he realizes his purpose. The essence of the matter
is presented in the inquiry, "Did the accused abuse his
office in order to commit the crime?"
Peace officers taking advantage of their public positions. III. That the act be committed (1) with insult or
in disregard of the respect due the offended party
 Essential – Public officer used the influence, on account of his (a) rank, (b) age, or (c) sex, or
prestige or ascendancy which his office gives (2) that it be committed in the dwelling of the
him as the means by which he realized his offended party, if the latter has not given
purpose. provocation.
 Failure in official is tantamount to abusing of 1. Insult on account of rank, age, sex

office
Circumstances (rank, age, sex) may be taken into
 Wearing of uniform is immaterial – what matters account only in crimes against persons or honor, it
is the proof that he indeed took advantage of his cannot be invoked in crimes against property
position
Rank – refers to a high social position or standing by
which to determine one’s pay and emoluments in any
scale of comparison within a position
II. That the crime be committed in contempt of or
with insult to the public authorities. Age – the circumstance of lack of respect due to age
applies in case where the victim is of tender age as well
REQUISITES:
as of old age
1. That the public authority is engaged in the exercise of
Sex – refers to the female sex, not to the male sex; not
his functions.
applicable when
2. That he who is thus engaged in the exercise of said
Applicable only to crimes against persons or honor.
functions is not the person against whom the crime is
committed. (U.S. vs. Rodriguez, 19 Phil. 150,156; People - Disregard of the respect due the offended party
vs. Siojo, 61 Phil. 307, 317) on account of his rank, age or sex may be taken
into account only in crimes against persons or
3. The offender knows him to be a public authority.
honor, when in the commission of the crime,
4. His presence has not prevented the offender from there is some insult or disrespect to rank, age or
committing the criminal act. sex. It is not proper to consider this aggravating
circumstance in crimes against property.
Meaning of "public authority." Robbery with homicide is primarily a crime
against property and not against persons.
- A public authority, sometimes also called a
Homicide is a mere incident of the robbery, the
person in authority, is a public officer who is
latter being the main purpose and object of the
directly vested with jurisdiction, that is, a public
criminal.
officer who has the power to govern and
execute the laws. The councilor, the mayor, the Meaning of "with insult or in disregard."
governor, etc., are persons in authority. The
barangay captain and barangay chairman are - t is necessary to prove the specific fact or
also persons in authority circumstance, other than that the victim is a
woman (or an old man or one of high rank),
Not applicable when crime is committed in the presence showing insult or disregard of sex (or age or
of an agent only rank) in order that it may be considered as
aggravating circumstance. (People vs. Valencia,
Knowledge that a public authority is present is essential.
C.A., 43 O.G. 3740) There must be evidence
An offense may be said to have been committed in that in the commission of the crime, the accused
contempt of a public authority when his presence, made deliberately intended to offend or insult the sex
known to the offender, has not prevented the latter from or age of the offended party
committing the criminal act.
Not applicable in certain cases The provocation must be:
 The offender acted w/ PASSION AND (1) Given by the owner of the dwelling,
OBFUSCATION
(2) Sufficient, and
 there exists a relation between the offender and
the victim (but in cases of divorce decrees (3) Immediate to the commission of the crime.
where there is a direct bearing on their child, it
is applicable) If all these conditions are present, the offended party is
deemed to have given provocation, and the fact that the
 the condition of being a woman is indispensable
crime is committed in the dwelling of the offended party
in the commission of the crime (Ex. Parricide,
is not an aggravating circumstance.
rape, abduction)
On the other hand, if any of those conditions is not
Requisite of disregard to rank, age, or sex present, the offended party is deemed not to have given
provocation, and the fact that the crime is committed in
1. Crimes must be against the victim’s person or the dwelling of the offended party is an aggravating
his honor circumstance.
2. There is deliberate intent to offend or insult the Elements of the aggravating circumstance of dwelling
respect due to the victim’s rank, age, or sex
1. Crime occurred in the dwelling of the victim
DWELLING
2. No provocation on the part of the victim
- Dwelling must be a building or structure,
exclusively used for rest and comfort. A IV. That the act be committed with (1) abuse of
"combination house and store" or a market stall confidence or (2) obvious ungratefulness
where the victim slept is not a dwelling
- Dwelling is considered an aggravating Requisites of
Requisite of Obvious
circumstance primarily because of the sanctity of Abuse of
Ungratefulness
privacy the law accords to human abode. Confidence
According to one commentator, one's dwelling
place is a "sanctuary worthy of respect" and that a) Offended a) ungratefulness must be
one who slanders another in the latter's house is party has trusted obvious, that is, there must be
more guilty than he who offends him elsewhere. the offender something which the offender
What aggravates the commission of the crime in one's b) Offender should owe the victim a debt of
dwelling gratitude for
abused such trust
- The abuse of confidence which the offended Note: robbery or theft

c) Abuse of
party reposed in the offender by opening the committed by a visitor in the
confidence
door to him; or house of the offended party is
facilitated the
- The violation of the sanctity of the home by aggravated by obvious
commission of the
trespassing therein with violence or against the ungratefulness
crime
will of the owner.
Offended party must not give provocation
- As may be seen, a condition sine qua non of this

circumstance, is that the offended party "has not
given provocation" to the offender. When it is
the offended party who has provoked the
incident, he loses his right to the respect and
consideration due him in his own house
Abuse of confidence
Presidential Palace
- This circumstance exists only when the offended
party has trusted the offender who later abuses Public authority may be Public authority is not be
such trust by committing the crime. The abuse the offended party the offended party
of confidence must be a means of facilitating the
commission of the crime, the culprit taking
advantage of the offended party's belief that the
former would not abuse said confidence. Place dedicated to religious worship
Ungratefulness must be obvious, i.e., manifest Offender must have intention to commit a crime when
and clear he entered the place
- The other aggravating circumstance in Requisites for aggravating circumstances

paragraph 4 of Art. 14 is that the act be
committed with obvious ungratefulness. 1. The crime occurred in the public office
- The circumstance was present where the victim
2. Public authorities are actually performing their
was suddenly attacked while in the act of giving
public duties
the assailants their bread and coffee for
breakfast. Instead of being grateful to the Religious Worship
victim, at least by doing him no harm, they took
advantage of his helplessness whe n his two 1. The crime occurred in a place dedicated to the
arms wer e used for carrying thei r food, thus worship of God regardless of religion
preventing him from defending himself from the
2. Offender must have decided to commit the
sudden attack.
crime when he entered the place of worship
V. That the crime be committed in the palace of
VIa. That the crime be committed (1) in the
the Chief Executive, or in his presence, or where
nighttime, or (2) in an uninhabited place (3) by a
public authorities are engaged in the discharge of
band, whenever such circumstances may
their duties, or in a place dedicated to religious
facilitate the commission of the offense.
worship.
REQ Nighttime, uninhabited place or band is aggravating
When Paragraph 2 and 5 of Article 14 are
applicable - When it facilitated the commission of the crime;
or
- When especially sought for by the offender to
Committed in the presence
Committed in contempt insure the commission of the crime or for the
of the Chief Executive, in
of Public Authority purpose of impunity (People vs. Pardo, 79 Phil.
the Presidential Palace or
568, 578); or
a place of worship(Par. 5, (Par. 2, Art 14) - When the offender took advantage thereof for
Art. 14)
the purpose of impunity
Public authorities are Although nocturnity should not be estimated as an

performing of their duties aggravating circumstance, since the time for the
Same commission of the crime was not deliberately chosen by
when the crime is
committed the accused; yet, if it appears that the accused took
advantage of the darkness for the more successful
consummation of his plans, to prevent his being
When crime is committed recognized, and that the crime might be perpetrated
Outside the office (still
in the public office, the unmolested, the aggravating circumstance of nocturnity
performing duty)
officer must be performing should be applied.
his duties, except in the
Nighttime may facilitate the commission of the crime, VII. That the crime be committed on the occasion
when because of the darkness of the night the crime can of a conflagration, shipwreck, earthquake,
be perpetrated unmolested, or interference can be epidemic or other calamity or misfortune
avoided, or there would be greater certainty in attaining
the ends of the offender Requisites:
Nighttime facilitated the commission of the crime to such 1. Committed when there is a calamity or
an extent that the defendant was able to consummate it misfortune, Conflagration, Shipwreck, Epidemic
with all its dastardly details without anyone of the
2. Offender took advantage of the state of
persons living in the same premises becoming aware of
confusion or chaotic condition from such
what was going on.
misfortune
Not aggravating when crime began at daytime
Basis: Commission of the crime adds to the suffering by
The commission of the crime must begin and be taking advantage of the misfortune.
accomplished in the nighttime.
 based on time
The offense must be actually committed in the darkness
 offender must take advantage of the calamity or
of the night.
misfortune
When the place of the crime is illuminated by light,
nighttime is not aggravating Distinction between Paragraphs 7 and 12 of
Article 14
What is uninhabited place?
- An uninhabited place is one where there are no Committed during a Committed with the use
houses at all, a place at a considerable distance calamity or misfortune of wasteful means
from town, or where the houses are scattered at
a great distance from each other. Crime is committed
- This aggravating circumstance should not be Crime is committed
BY using fire, inundation,
considered when the place where the crime was DURING any of the
explosion or other
committed could be seen and the voice of the calamities
wasteful means
deceased could be heard from a nearby house
VIb. – Whenever more than 3 armed malefactors

shall have acted together in the commission of an
VIII. That the crime be committed with the aid of
offense, it shall be deemed to have been
(1) armed men or (2) persons who insure or
committed by a band.
afford impunity
What is a band?
Requisites of this aggravating circumstance
- Whenever more than three armed malefactors
1. That armed men or persons took part in the
shall have acted together in the commission of
commission of the crime, directly or indirectly.
an offense, it shall be deemed to have been
2. That the accused availed himself of their aid or
committed by a band.
relied upon them when the crime was
REQUISITES committed
XPN:
- Facilitated the commission of the crime
- Especially sought for by the offender to insure 1. when both the attacking party and the party
the commission of the crime or for the purpose attacked were equally armed
of impunity
- Taken advantage of for the purposes of impunity 2. not present when the accused as well as those
who cooperated with him in the commission of
- There must be four or more armed men
the crime acted under the same plan and for the X. That the offender has been previously punished
same purpose. for an offense to which the law attaches an equal
or greater penalty or for two or more crimes to
3. Casual presence, or when the offender did not which it attaches a lighter penalty
avail himself of any of their aid nor did not
knowingly count upon their assistance in the Reiteracion or Habituality – it is essential that the
commission of the crime offender be previously punished; that is, he has served
sentence.
WITH THE AID OF
BY A BAND
ARMED MEN REITERACION RECIDIVISM
Present even if one of the Requires more than 3 Necessary that offender Enough that final
offenders merely relied armed malefactors who all shall have served out his judgment has been
on their aid. Actual aid is acted together in the sentence for the first rendered in the first
not necessary commission of an offense sentence offense
Previous and subsequent

offenses must not be
IX. That the accused is a recidivist Same title
embraced in the same title
Recidivist – one who at the time of his trial for one of the Code
crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of Not always an aggravating
the RPC Always aggravating
circumstance
Requisites:
1. That the offender is on trial for an offense;

Habitual Delinquency – when a person within a period of
2. That he was previously convicted by final judgment of 10 years from the date of his release or last conviction
another crime; of the crimes of serious or less serious physical injuries,
robbery, theft, estafa or falsification is found guilty of
3. That both the first and the second offenses are any of said crimes a third time or oftener.
embraced in the same title of the Code;
Quasi-Recidivism – any person who shall commit a
4. That the offender is convicted of the new offense felony after having been convicted by final judgment,
before beginning to serve such sentence, or while
What is controlling is the time of the trial, not the time
serving the same, shall be punished by the maximum
of the commission of the offense. At the time of the trial
period of the penalty prescribed by law for the new
means from the arraignment until after sentence is
felony
announced by the judge in open court
1. Recidivism – generic
When does judgment become final? (Rules of Court)
2. Reiteracion or Habituality – generic
1. after the lapse of a period for perfecting an
appeal 3. Multiple recidivism or Habitual delinquency –
extraordinary aggravating
2. when the sentence has been partially or totally
satisfied or served 4. Quasi-Recidivism – special aggravating
3. defendant has expressly waived in writing his
right to appeal
4. the accused has applied for probation

XI. That the crime be committed in consideration

of a price, reward or promise. The premeditation must be based upon external facts,
and must be evident, not merely suspected indicating
Requisites:
deliberate planning
1. At least 2 principals
Evident premeditation is inherent in robbery, adultery,
2. the price, reward, or promise should be previous theft, estafa, falsification, and etc.
to and in consideration of the commission of the
criminal act
XIV. That (1) craft, (2) fraud, or (3) disguise be
XII. That the crime be committed by means of employed
inundation, fire, poison, explosion, stranding a
vessel or intentional damage thereto, or Craft – involves intellectual trickery and cunning on the
derailment of a locomotive, or by use of any other part of the accused
artifice involving great waste or ruin
It is employed as a scheme in the execution of the crime
When there is no actual design to kill a person in (e.g. accused pretended to be members of the
burning a house, it is plain arson even if a person is constabulary, accused in order to perpetrate rape, used
killed. chocolates containing drugs)
When used as a means to kill another person, the crime Fraud –involves insidious words or machinations used to
is murder. induce victim to act in a manner which would enable the
offender to carry out his design.
XIII. That the act be committed with evident
premeditation As distinguished from craft which involves acts done in
order not to arouse the suspicion of the victim, fraud
Essence of premeditation: the execution of the criminal involves a direct inducement through entrapping or
act must be preceded by cool thought and reflection beguiling language or machinations
upon the resolution to carry out the criminal intent
during the space of time sufficient to arrive at a calm Disguise – resorting to any device to conceal identity.
judgment Purpose of concealing identity is a must.
Requisites: Distinction between Craft, Fraud, and Disguise

1. the time when the offender determined to
commit the crime Craft Fraud Disguise
2. an act manifestly indicating that the culprit has

clung to his determination Involves the use
Involves the use Involves the
of intellectual
of direct use of
3. a sufficient lapse of time between the trickery and
inducement by devise to
determination and execution to allow him to cunning to
insidious words or conceal
reflect upon the consequences of his act and to arouse suspicion
machinations identity
allow his conscience to overcome the resolution of the victim
of his will
Conspiracy generally presupposes premeditation

Requisite: The offender must have actually taken
When victim is different from that intended, advantage of craft, fraud, or disguise to facilitate the
premeditation is not aggravating. Although it is not commission of the crime.
necessary that there is a plan to kill a particular person
Inherent in: estafa and falsification.
for premeditation to exist (e.g. plan to kill first 2 persons
one meets, general attack on a village…for as long as it
was planned)
XV. That (1) advantage be taken of superior Requisites:

strength, or (2) means be employed to weaken
the defense 1. that at the time of the attack, the victim was not
in the position to defend himself
To purposely use excessive force out of the proportion
to the means of defense available to the person 2. that the offender consciously adopted the
attacked. particular means, method or form of attack
employed by him
1. Superiority may arise from aggressor’s sex,
weapon or number as compared to that of the Treachery – can’t be considered when there is no
victim (e.g. accused attacked an unarmed girl evidence that the accused, prior to the moment of the
with a knife; 3 men stabbed to death the female killing, resolved to commit to crime, or there is no proof
victim). that the death of the victim was the result of meditation,
calculation or reflection.
2. No advantage of superior strength when one
who attacks is overcome with passion and But treachery may exist even if attack is face-to-face –
obfuscation or when quarrel arose unexpectedly as long as victim was not given any chance to prepare
and the fatal blow was struck while victim and defense
accused were struggling.
Does not exist if the accused gave the deceased chance
3. Vs. by a band : circumstance of abuse of to prepare or there was warning given or that it was
superior strength, what is taken into account is preceded by a heated argument
not the number of aggressors nor the fact that
There is always treachery in the killing of child
they are armed but their relative physical might
vis-à-vis the offended party Generally characterized by the deliberate and sudden
and unexpected attack of the victim from behind,
To weaken the defense – illustrated in the case where
without any warning and without giving the victim an
one struggling with another suddenly throws a cloak
opportunity to defend himself
over the head of his opponent and while in the said
situation, he wounds or kills him. Other means of
MEANS
weakening the defense would be intoxication or ABUSE OF
EMPLOYED
disabling thru the senses TREACHERY SUPERIOR
TO WEAKEN
STRENGTH
Requisite of Means to Weaken Defense DEFENSE
1. Means were purposely sought to weaken the

Means, methods Offender does
defense of the victim to resist the assault
or forms are not employ
Means are
2. The means used must not totally eliminate employed by the means,
employed but it
possible defense of the victim, otherwise it will offender to methods or
only materially
fall under treachery make it forms of
weakens the
impossible or attack, he only
resisting power
XVI. That the act be committed with treachery hard for the takes
of the offended
(alevosia) offended party advantage of
party
to put any sort his superior
TREACHERY: when the offender commits any of the
of resistance strength
crime against the person, employing means, methods or
forms in the execution thereof which tend directly and
specially to insure its execution without risk to himself
arising from the defense which the offended party might
make.
Where there is conspiracy, treachery is considered Applicable only if such acts were done by the offender to
against all the offenders effect entrance.
Treachery absorbs abuse of strength, aid of armed men, Breaking is lawful in the following instances:
by a band and means to weaken the defense
1. An officer in order to make an arrest may break
Applicable only to crimes against the person. open a door or window of any building in which
the person to be arrested is or is reasonably
XVII. That the means be employed or believed to be;
circumstances brought about which add ignominy
to the natural effects of the acts 2. an officer if refused admittance may break open
any door or window to execute the search
IGNOMINY – is a circumstance pertaining to the moral warrant or liberate himself,
order, which adds disgrace and obloquy to the material
injury caused by the crime XX. That the crime be committed (1) with the aid
of persons under 15 years of age, or (2) by means
Applicable to crimes against chastity (rape included), of motor vehicles, airships or other similar means.
less serious physical injuries, light or grave coercion and
murder XXI. That the wrong done in the commission of
the crime be deliberately augmented by causing
Requisites other wrong not necessary for its commission
1. Crime must be against chastity, less serious Cruelty: when the culprit enjoys and delights in making
physical injuries, light or grave coercion, and his victim suffer slowly and gradually, causing him
murder unnecessary physical pain in the consummation of the
criminal act. Cruelty cannot be presumed nor merely
2. The circumstance made the crime more
inferred from the body of the deceased. Has to be
humiliating and shameful for the victim
proven.
XVIII. That the crime be committed after an
Mere plurality of words do not show cruelty
unlawful entry
No cruelty when the other wrong was done after the
Unlawful entry – when an entrance is effected by a way
victim was dead
not intended for the purpose. Meant to effect entrance
and NOT exit Requisites:
Why aggravating? One who acts, not respecting the 1. that the injury caused be deliberately increased
walls erected by men to guard their property and by causing other wrong
provide for their personal safety, shows greater
perversity, a greater audacity and hence the law 2. that the other wrong be unnecessary for the
punishes him with more severity execution of the purpose of the offender
Inherent in: Trespass to dwelling, robbery with force

IGNOMINY CRUELTY
upon things, and robbery with violence or intimidation
against persons
Moral suffering –
Physical suffering
XIX. That as a means to the commission of the subjected to humiliation
crime, a wall, roof, door or window be broken
Requisites
1. A wall, roof, window, or door was broken
2. They were broken to effect entrance

QUALIFYING MURDER:
1. With treachery, taking advantage of superior strength,

with the aid of armed men, or employing means to
weaken the defense or of means or persons to insure or
afford impunity
2. In consideration of a price, reward, or promise
3. By means of inundation, fire, poison, explosion,

shipwreck, stranding of a vessel, derailment or assault
upon a street car or locomotive, fall of an airship, by
means of motor vehicles, or with the use of any other
means involving great waste and ruin
4. On occasion of any of the calamities enumerated in

the preceding paragraph, or of an earthquake, eruption
of a volcano, destructive cyclone, epidemic or other
public calamity
5. With evident premeditation
6. With cruelty, by deliberately and inhumanly

augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.
Chapter Five RELATIONSHIP

ALTERNATIVE CIRCUMSTANCES
Aggravating
Article 15. Their concept. - Alternative Mitigating Circumstance
Circumstance
circumstances are those which must be taken into
consideration as aggravating or mitigating
according to the nature and effects of the crime In crimes against
and the other conditions attending its persons – in cases
commission. They are the relationship, where the offender, or
intoxication and the degree of instruction and when the offender and
education of the offender. the offended party are
relatives of the same
In crimes against property
The alternative circumstance of relationship shall level, as killing a
(robbery, usurpation,
be taken into consideration when the offended brother, adopted
fraudulent insolvency, arson)
party in the spouse, ascendant, descendant, brother or half-
legitimate, natural, or adopted brother or sister, brother.
or relative by affinity in the same degrees of the
offender. Always aggravating in
crimes against
The intoxication of the offender shall be taken chastity.
into consideration as a mitigating circumstances
when the offender has committed a felony in a
Exception: Art 332 of CC –
state of intoxication, if the same is not habitual or
no criminal liability, civil
subsequent to the plan to commit said felony but
liability only for the crimes of
when the intoxication is habitual or intentional, it
theft, swindling or malicious
shall be considered as an aggravating
mischief committed or
circumstance.
caused mutually by spouses,
ALTERNATIVE CIRCUMSTANCES ascendants, descendants or
relatives by affinity (also
- those which must be taken into consideration brothers, sisters, brothers-in-
as aggravating or mitigating according to the law or sisters-in-law if living
nature and effects of the crime and other together). It becomes an
conditions attending its commission. EXEMPTING circumstance.
Relationship
taken into consideration when offended party is

Relationship neither mitigating nor aggravating when
the spouse, ascendant, descendant, legitimate, natural
relationship is an element of the offense.
or adopted brother or sister, or relative by affinity in the
same degree of the offender INTOXICATION
Intoxication
MITIGATING AGGRAVATING
mitigating when the offender has committed a CIRCUMSTANCE CIRCUMSTANCE
felony in the state of intoxication, if the same is not

habitual or subsequent to the plan to commit the said a) if intoxication is
felony. Aggravating if habitual or intentional a) if intoxication is not
habitual – such habit must
be actual and confirmed
habitual & if intoxication is not
Degree of instruction and education of the offender
subsequent to the plan to
b) if its intentional
commit a felony
(subsequent to the plan to
commit a felony)
Must show that he has taken such quantity so as to blur

his reason and deprive him of a certain degree of control
Habitual drunkenness must be shown to be an actual

and confirmed habit of the offender, but not necessarily
of daily occurrence.
A habitual drunkard is given to inebriety or the excessive

use of intoxicating drinks.
UNDER INFLUENCE OF DRUGS
Section 25. Qualifying Aggravating Circumstances in

the Commission of a Crime by an Offender Under the
Influence of Dangerous Drugs. – Notwithstanding the
provisions of any law to the contrary, a positive finding
for the use of dangerous drugs shall be a qualifying
aggravating circumstance in the commission of a crime
by an offender, and the application of the penalty
provided for in the Revised Penal Code shall be
applicable
DEGREE OF INSTRUCTION AND EDUCATION
MITIGATING AGGRAVATING
CIRCUMSTANCE CIRCUMSTANCE
Low degree of instruction

High degree of instruction
education or the lack of it.
and education – offender
Because he does not fully
avails himself of his
realize the consequences of his
learning in committing the
criminal act. Not just mere
offense.
illiteracy but lack of intelligence.
Determined by: the court must consider the

circumstance of lack of instruction
Degree of instruction is aggravating when the offender

availed himself or took advantage of it in committing the
crime
Article 17. Principals. - The following are

considered principals:
Title Two
1. Those who take a direct part in the execution
PERSONS CRIMINALLY LIABLE FOR FELONIES of the act;
Article 16. Who are criminally liable. - The 2. Those who directly force or induce others to
following are criminally liable for grave and less commit it;
grave felonies:
3. Those who cooperate in the commission of the
1. Principals. offense by another act without which it would not
have been accomplished.
2. Accomplices.
Principals by Direct Participation
3. Accessories.
1. participated in the criminal resolution
The following are criminally liable for light
(conspiracy)
felonies:
2. carried out their plan and personally took part in
1. Principals
its execution by acts which directly tended to
2. Accomplices. the same end
Conspiracy – Is unity of purpose and intention.
 Accessories – not liable for light felonies because Establishment of Conspiracy

the individual prejudice is so small that penal
1. oven by overt act
sanction is not necessary
2. Not mere knowledge or approval
 Only natural persons can be criminals as only
they can act with malice or negligence and can 3. It is not necessary that there be formal
be subsequently deprived of liberty. Juridical agreement.
persons are liable under special laws.
4. Must prove beyond reasonable doubt
 Manager of a partnership is liable even if there is
no evidence of his direct participation in the 5. Conspiracy is implied when the accused had a
crime. common purpose and were united in execution.
 Corporations may be the injured party 6. Unity of purpose and intention in the
commission of the crime may be shown in the
 General Rule: Corpses and animals have no following cases:
rights that may be injured.
1. Spontaneous agreement at the moment
 Exception: defamation of the dead is punishable
of the commission of the crime
when it blackens the memory of one who is
2. Active Cooperation by all the offenders
dead.
in the perpetration of the crime
3. Contributing by positive acts to the
realization of a common criminal intent
4. Presence during the commission of the
crime by a band and lending moral
support thereto.
5. While conspiracy may be implied from
the circumstances attending the
commission of the crime, it is
nevertheless a rule that conspiracy must
be established by positive and Principals by Induction

conclusive evidence.
By directly forcing another to commit a crime
Conspirator not liable for the crimes of the other which is - There are two ways of directly forcing another
not the object of the conspiracy or is not a logical or to commit a crime. They are:
necessary consequence thereof o a. By using irresistible force.
o b. By causing uncontrollable fear
Multiple rape – each rapist is liable for another’s crime - In these cases, there is no conspiracy, not even
because each cooperated in the commission of the rapes a unity of criminal purpose and intention. Only
perpetrated by the others the one using force or causing fear is criminally
liable. The material executor is not criminally
In the crime of murder with treachery – all the offenders liable because of Art. 12, pars. 5 and 6
must at least know that there will be treachery in
executing the crime or cooperate therein. a. Inducement (Price, Reward, Promise)
No such thing as conspiracy to commit an offense Requisite

through negligence. However, special laws may make 1. Inducement be made directly with the intention
one a co-principal. Example: Under the Pure Food and of procuring the commission of the crime
Drug Act, a storeowner is liable for the act of his 2. such inducement be the determining cause of
employees of selling adulterated coffee, although he the commission of the crime by the material
didn’t know that coffee was being sold. executor
Principal by induction liable only when principal by direct
Conspiracy is negatived by the acquittal of co-defendant. participation committed the act induced
That the culprits ―carried out the plan and personally
took part in the execution, by acts which directly tended B. By using words of command
to the same end‖:
Requisite:
The principals by direct participation must be at
the scene of the crime, personally taking part, although 1. That the one uttering the words of command
he was not present in the scene of the crime, he is must have the intention of procuring the
equally liable as a principal by direct participation. commission of the crime.
One serving as guard pursuant to the conspiracy 2. That the one who made the command must
is a principal direct participation. have an ascendancy or influence over the
person who acted.
If the second element is missing, those who did not 3. That the words used must be so direct, so
participate in the commission of the acts of execution efficacious, so powerful as to amount to physical
cannot be held criminally liable, unless the crime agreed or moral coercion.
to be committed is treason, sedition, or rebellion. 4. The words of command must be uttered prior to
the commission of the crime.
5. The material executor of the crime has no
personal reason to commit the crime.
There is individual criminal responsibility when there is

PROPOSES TO COMMIT A
INDUCTOR no conspiracy.
FELONY
Second requisite
Induce others Same
- The cooperation must be indispensable, that is,
without which the commission of the crime
Punishable at once when would not have been accomplished. If the
proposes to commit rebellion or cooperation is not indispensable, the offender is
Liable only when the treason. The person to whom only an accomplice.
crime is executed one proposed should not
commit the crime, otherwise "Cooperate xxx by another act"
the latter becomes an inductor
The act of the principal by indispensable cooperation
should be different from the act of the principal by direct
Covers any crime Covers only treason and rebelli participation. The law says "by another act," which
means that it should not be the act of one who could be
classified as principal by direct participation
Effects of Acquittal of Principal by direct If the cooperation of one of the accused consists in
participation on liability of principal by performing an act necessary in the execution of the
inducement crime committed, he is a principal by direct participation.
1. Conspiracy is negated by the acquittal of the co-

defendant.
Article 18. Accomplices. - Accomplices are those
2. One can not be held guilty of instigating the persons who, not being included in Article 17,
commission of the crime without first showing cooperate in the execution of the offense by
that the crime has been actually committed by previous or simultaneous acts.
another. But if the one charged as principal by
Quasi-collective criminal responsibility. Between
direct participation be acquitted because he
collective criminal responsibility and individual criminal
acted without criminal intent or malice, it is not
responsibility, there is the so-called quasi-collective
a ground for the acquittal of the principal by criminal responsibility. In quasi-collective criminal
inducement. responsibility, some of the offenders in the crime are
principals and the others are accomplices.
Principals by Indispensable Cooperation
The participation of an accomplice presupposes the
―Those who cooperate in the commission of the offense
commission of the crime by the principal by direct
by another act without which it would not have been
participation.
accomplished‖
Requisites:
REQUISITE:
1. That there be community of design; that is,
1. Participation in the criminal resolution knowing the criminal design of the principal by
direct participation, he concurs with the latter in
2. Cooperation through another act (includes
his purpose;
negligence)
2. That he cooperates in the execution of the
There is collective criminal responsibility when the
offense by previous or simultaneous acts, with
offenders are criminally liable in the same manner and the intention of supplying material or moral aid
to the same extent. The penalty is the same for all. in the execution of the crime in an efficacious
way; and
3. That there be a relation between the acts done

by the principal and those attributed to the
person charged as accomplice Article 19. Accessories. - Accessories are those
who, having knowledge of the commission of the
An accomplice has knowledge of the criminal design of crime, and without having participated therein,
the principal and all he does is concur with his purpose. either as principals or accomplices, take part
subsequent to its commission in any of the
In homicide or murder, the accomplice must not have following manners:
inflicted the mortal wound.
1. By profiting themselves or assisting the
But the cooperation of an accomplice is only necessary, offender to profit by the effects of the crime.
not indispensable.
2. By concealing or destroying the body of the
Distinguish accomplice from principal in general. crime, or the effects or instruments thereof, in
order to prevent its discovery.
An accomplice is one who does not take a direct
part in the commission of the act, who does not force or 3. By harboring, concealing, or assisting in the
induce others to commit it, or who does not cooperate in escape of the principals of the crime, provided the
the commission of the crime by another act without accessory acts with abuse of his public functions
which it would not have been accomplished, yet or whenever the author of the crime is guilty of
cooperates in the execution of the act by previous or treason, parricide, murder, or an attempt to take
simultaneous actions. the life of the Chief Executive, or is known to be
habitually guilty of some other crime.
Distinguish an accomplice from a principal by
cooperation. Article 20. Accessories who are exempt from
criminal liability. - The penalties prescribed for
The participation of the offender in a case of
accessories shall not be imposed upon those who
complicity, although necessary, is not indispensable as in
are such with respect to their spouses,
the case of a co-principal by cooperation.
ascendants, descendants, legitimate, natural, and
For example, if one lends his dagger or pistol to adopted brothers and sisters, or relatives by
a murderer fully knowing that the latter will commit affinity within the same degrees, with the single
murder, he undoubtedly cooperates in the commission exception of accessories falling within the
of the crime of murder with a previous act which, provisions of paragraph 1 of the next preceding
however, cannot be considered indispensable for the article.
reason that even though the offender did not lend his
Can there be an accessory even after the principal
dagger or pistol, the murderer could have obtained it
was convicted?
somewhere else or from some other person. In such a
case, the participation of the offender is that of an - Yes, by presenting oneself to serve out the
accomplice by virtue of the provisions of this article sentence in lieu of the real culprit. But the crime
committed by the real culprit must be treason,
Distinguish an accomplice from a principal by direct
parricide, murder, or an attempt to take the life
participation
of the President, that he is known to be
In both, there is community of criminal design. habitually guilty of some other crime, because
this is possible only when the accessory is a
As to the acts performed, there is no clear-cut private individual.
distinction between the acts of the accomplice and those
of the principal by direct participation. That is why, in
case of doubt, it shall be resolved in favor of lesser
responsibility, that is, that of mere accomplice
Between or among principals liable for the same

offense, there must be conspiracy; but between the
principals and the accomplices, there is no conspiracy
Heavy penalties for accessories in robbery and

theft
- ANTI FENCING
ANTI-FENCING LAW
- Fencing is defined in Section 2(a) of P.D. 1612

as the act of any person who, with intent to gain
for himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell or dispose
of, or shall buy and sell, or in any manner deal
in any article, item, object or anything of value
which he knows, or should be known to him, to
have been derived from the proceeds of
thecrime of robbery or theft
ELEMENTS:
(1) a crime of robbery or theft has been

committed;
(2) the accused, who is not a principal or on
accomplice in the commission of the
crime of robbery or theft, buys,
receives, possesses, keeps, acquires,
conceals, sells or disposes, or buys and
sells, or in any manner deals in any
article, item, object or anything of
value, which has been derived from the
proceeds of the crime of robbery or
theft;
(3) the accused knew or should have known
that the said article, item, object or
anything of value has been derived from
the proceeds of the crime of robbery or
theft; and
(4) there is, on the part of one accused,
intent to gain for oneself or for another.
Ong v People: Circumstances may prove knowledge that

the article was acquired by robbery or theft.
Title Three
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.
Article 22. Retroactive effect of penal laws. - Penal

Laws shall have a retroactive effect insofar as they
favor the persons guilty of a felony, who is not a
habitual criminal, as this term is defined in Rule 5 of
Article 62 of this Code, although at the time of the
publication of such laws a final sentence has been
pronounced and the convict is serving the same.
Article 23. Effect of pardon by the offended party. - A

pardon of the offended party does not extinguish
criminal action except as provided in Article 344 of this
Code; but civil liability with regard to the interest of
the injured party is extinguished by his express waiver.
Article 24. Measures of prevention or safety which are

nor considered penalties. - The following shall not be
considered as penalties:
1. The arrest and temporary detention of accused

persons, as well as their detention by reason of insanity
or imbecility, or illness requiring their confinement in a
hospital.
2. The commitment of a minor to any of the institutions

mentioned in Article 80 and for the purposes specified
therein.
3. Suspension from the employment of public office

during the trial or in order to institute proceedings.
4. Fines and other corrective measures which, in the

exercise of their administrative disciplinary powers,
superior officials may impose upon their subordinates.
5. Deprivation of rights and the reparations which the

civil laws may establish in penal form.
Chapter Two Art. 25 classifies penalties into principal and accessory.

CLASSIFICATION OF PENALTIES
This article classifies penalties into:
Article 25. Penalties which may be imposed. - The
penalties which may be imposed according to this 1. Principal penalties — those expressly imposed by the
Code, and their different classes, are those included in court in the judgment of conviction.
the following:
2. Accessory penalties — those that are deemed
Scale included in the imposition of the principal penalties.
Principal Penalties The principal penalties may be classified:
Capital punishment: According to their divisibility.
Death. 1. Divisible.
2. Indivisible.
Afflictive penalties:
Indivisible penalties are those which have no fixed
Reclusion perpetua,
duration.
Reclusion temporal,
Perpetual or temporary absolute disqualification, 1. Death.
Perpetual or temporary special disqualification,
2. Reclusion perpetua.
Prision mayor. 3. Perpetual absolute or special disqualification.
4. Public censure.
Correctional penalties:
Prision correccional, Distinction between classification of Penalties in Art. 9

Arresto mayor, and Art. 26
Suspension,
Destierro.
Article 9 Article 26
Light penalties:
Applicable in determining the Applicable in determining the
Arresto menor,
prescriptive period of prescriptive period of
Public censure.
felonies penalties
Penalties common to the three preceding classes:
Fine, and
Bond to keep the peace. Article 26. When afflictive, correctional, or light
penalty. - A fine, whether imposed as a single of as an
Accessory Penalties alternative penalty, shall be considered an afflictive
penalty, if it exceeds 6,000 pesos; a correctional
Perpetual or temporary absolute disqualification,
penalty, if it does not exceed 6,000 pesos but is not
Perpetual or temporary special disqualification,
less than 200 pesos; and a light penalty if it less than
Suspension from public office, the right to vote and be
200 pesos.
voted for, the profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds
of the offense,
Payment of costs.
Chapter Three disqualific -Perpetual -Perpetual -Perpetual

DURATION AND EFFECTS OF PENALTIES ation absolute absolute special
disqualific disqualific disqualific
Section One. - Duration of Penalties -Civil ation ation ation from
interdictio the right
Article 27. Reclusion perpetua. - Any person sentenced n for 30 of
to any of the perpetual penalties shall be pardoned years suffrage
after undergoing the penalty for thirty years, unless which the
such person by reason of his conduct or some other offender
serious cause shall be considered by the Chief suffers
although
Executive as unworthy of pardon.
pardoned
Reclusion temporal. - The penalty of reclusion temporal

shall be from twelve years and one day to twenty
years.
Prison Arresto Arresto
Prision mayor and temporary disqualification. - The Correctional Mayor Menor
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 6 months 1 month
Imprison- 1 day to 30
disqualification is imposed as an accessory penalty, in and 1 day and 1 day
ment days
which case its duration shall be that of the principal to 6 years to 6 months
penalty.
Prision correccional, suspension, and destierro. - The -Suspension

duration of the penalties of prision correccional, from public
suspension and destierro shall be from six months and office
one day to six years, except when suspension is -Suspension -Suspension
-Suspension
imposed as an accessory penalty, in which case, its of right to of right to
from the
duration shall be that of the principal penalty. hold office hold office
right to
follow a
Arresto mayor. - The duration of the penalty of arresto Accessory -Suspension -Suspension
mayor shall be from one month and one day to six profession
Penalties of the right of the right
or calling
months. of suffrage of suffrage
during the during the
Arresto menor. - The duration of the penalty of arresto -Perpetual
term of the term of the
menor shall be from one day to thirty days. special
sentence sentence
disqualificat
Bond to keep the peace. - The bond to keep the peace ion on the
shall be required to cover such period of time as the right of
court may determine. suffrage
Capital and Afflictive Penalties
Reclusion Reclusion Prison The RPC prescribes certain penalties — among them, reclusion
Death
Perpetua Temporal Mayor perpetua. Reclusion perpetua is an indivisible penalty,"
Reclusion perpetua, which places a convict in prison from 20 to

Term
20 days 12 years 6 years 40 years and falls under the RPC's list of afflictive penalties,
of
and 1 day and 1 day and 1 day also carries with it accessory penalties.
Impris None
to 40 to 20 to 12
on-
years years years Life imprisonment – crime covered by special penal laws.
ment
Indefinite duration. No accessory penalty
None, -Civil -Civil -

Access
unless Interdictio Interdictio Temporar
ory
pardoned: n or n or y absolute
Penalti
during his during his disqualific
es
-Perpetual sentence sentence ation
absolute
Article 28. Computation of penalties. - If the offender

shall be in prison, the term of the duration of the
temporary penalties shall be computed from the day on
which the judgment of conviction shall have become
final.
If the offender be not in prison, the term of the

duration of the penalty consisting of deprivation of
liberty shall be computed from the day that the
offender is placed at the disposal of the judicial
authorities for the enforcement of the penalty. The
duration of the other penalties shall be computed only
from the day on which the defendant commences to
serve his sentence.
Article 29. Period of preventive imprisonment deducted

from term of imprisonment. - Offenders who have
undergone preventive imprisonment shall be credited
in the service of their sentence consisting of
deprivation of liberty, with the full time during which
they have undergone preventive imprisonment, if the
detention prisoner agrees voluntarily in writing to
abide by the same disciplinary rules imposed upon
convicted prisoners, except in the following cases:
1. When they are recidivists or have been convicted

previously twice or more times of any crime; and
2. When upon being summoned for the execution of

their sentence they have failed to surrender
voluntarily.
If the detention prisoner does not agree to abide by the

same disciplinary rules imposed upon convicted
prisoners, he shall be credited in the service of his
sentence with four-fifths of the time during which he
has undergone preventive imprisonment. (As amended
by Republic Act 6127, June 17, 1970).
Whenever an accused has undergone preventive

imprisonment for a period equal to or more than the
possible maximum imprisonment of the offense
charged to which he may be sentenced and his case is
not yet terminated, he shall be released immediately
without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the same is
under review. In case the maximum penalty to which
the accused may be sentenced is destierro, he shall be
released after thirty (30) days of preventive
imprisonment. (As amended by E.O. No. 214, July 10,
1988).
Section Two. - Effects of the penalties according to The person suspended from holding public office shall
their respective nature not hold another having similar functions during the
period of his suspension.
Article 30. Effects of the penalties of perpetual or
temporary absolute disqualification. - The penalties of Article 34. Civil interdiction. - Civil interdiction shall
perpetual or temporary absolute disqualification for deprive the offender during the time of his sentence of
public office shall produce the following effects: the rights of parental authority, or guardianship, either
as to the person or property of any ward, of marital
1. The deprivation of the public offices and authority, of the right to manage his property and of
employments which the offender >may have held even the right to dispose of such property by any act or any
if conferred by popular election. conveyance inter vivos.
2. The deprivation of the right to vote in any election Article 35. Effects of bond to keep the peace. - It shall
for any popular office or to be elected to such office. be the duty of any person sentenced to give bond to
keep the peace, to present two sufficient sureties who
3. The disqualification for the offices or public
shall undertake that such person will not commit the
employments and for the exercise of any of the rights
offense sought to be prevented, and that in case such
mentioned.
offense be committed they will pay the amount
determined by the court in the judgment, or otherwise
In case of temporary disqualification, such
to deposit such amount in the office of the clerk of the
disqualification as is comprised in paragraphs 2 and 3
court to guarantee said undertaking.
of this article shall last during the term of the sentence.
The court shall determine, according to its discretion,
4. The loss of all rights to retirement pay or other
the period of duration of the bond.
pension for any office formerly held.
Should the person sentenced fail to give the bond as
Article 31. Effect of the penalties of perpetual or
required he shall be detained for a period which shall in
temporary special disqualification. - The penalties of
no case exceed six months, is he shall have been
perpetual or temporal special disqualification for public
prosecuted for a grave or less grave felony, and shall
office, profession or calling shall produce the following
not exceed thirty days, if for a light felony.
effects:
Article 36. Pardon; its effect. - A pardon shall not work
1. The deprivation of the office, employment,
the restoration of the right to hold public office, or the
profession or calling affected;
right of suffrage, unless such rights be expressly
2. The disqualification for holding similar offices or restored by the terms of the pardon.
employments either perpetually or during the term of
A pardon shall in no case exempt the culprit from the
the sentence according to the extent of such
payment of the civil indemnity imposed upon him by
disqualification.
the sentence.
Article 32. Effect of the penalties of perpetual or
Article 37. Cost; What are included. - Costs shall
temporary special disqualification for the exercise of
include fees and indemnities in the course of the
the right of suffrage. - The perpetual or temporary
judicial proceedings, whether they be fixed or
special disqualification for the exercise of the right of
unalterable amounts previously determined by law or
suffrage shall deprive the offender perpetually or
regulations in force, or amounts not subject to
during the term of the sentence, according to the
schedule.
nature of said penalty, of the right to vote in any
popular election for any public office or to be elected to
Article 38. Pecuniary liabilities; Order of payment. - In
such office. Moreover, the offender shall not be
case the property of the offender should not be
permitted to hold any public office during the period of
sufficient for the payment of all his pecuniary liabilities,
his disqualification.
the same shall be met in the following order:
Article 33. Effects of the penalties of suspension from
1. The reparation of the damage caused.
any public office, profession or calling, or the right of
suffrage. - The suspension from public office, 2. Indemnification of consequential damages.
profession or calling, and the exercise of the right of
suffrage shall disqualify the offender from holding such 3. The fine.
office or exercising such profession or calling or right of
suffrage during the term of the sentence. 4. The cost of the proceedings.
Article 39. Subsidiary penalty. - If the convict has no

property with which to meet the fine mentioned in the
paragraph 3 of the next preceding article, he shall be PENALTY LENGTH OF SUBSIDIARY
subject to a subsidiary personal liability at the rate of IMPOSED PENALTY
one day for each eight pesos, subject to the following
rules: Not exceed 1/3 of term of sentence,
Prision correccional
in no case more than 1 year fraction
or arresto and fine
1. If the principal penalty imposed be prision or part of a day not counted.
correccional or arresto and fine, he shall remain under
confinement until his fine referred to in the preceding
Not to exceed 6 months if
paragraph is satisfied, but his subsidiary imprisonment
prosecuted for grave or less grave
shall not exceed one-third of the term of the sentence, Fine only
felony, not to exceed 15 days if
and in no case shall it continue for more than one year,
prosecuted for light felony
and no fraction or part of a day shall be counted
against the prisoner.
Higher than prision
2. When the principal penalty imposed be only a fine, No subsidiary imprisonment
correccional
the subsidiary imprisonment shall not exceed six
months, if the culprit shall have been prosecuted for a
grave or less grave felony, and shall not exceed fifteen Not to be executed Same deprivations as those of the
days, if for a light felony. by confinement but principal penalty under rules 1, 2
of fixed duration and 3 above
3. When the principal imposed is higher than prision
correccional, no subsidiary imprisonment shall be
 If financial circumstances improve, convict still to pay
imposed upon the culprit.
the fine even if he has suffered subsidiary personal
4. If the principal penalty imposed is not to be liability.
executed by confinement in a penal institution, but
 The penalty imposed must be PC, AM, Am,
such penalty is of fixed duration, the convict, during
suspension, destierro and fine only. – other than
the period of time established in the preceding rules,
these (PM, RT, RP) court cannot impose subsidiary
shall continue to suffer the same deprivations as those
penalty.
of which the principal penalty consists.
5. The subsidiary personal liability which the convict  Even if the penalty imposed is not higher than PC, if
may have suffered by reason of his insolvency shall not the accused is a habitual delinquent who deserves an
relieve him, from the fine in case his financial additional penalty of 12 yrs and 1 day of RT, there is
circumstances should improve. (As amended by RA no subsidiary imprisonment.
5465, April 21, 1969).
No subsidiary penalty in the following cases
 There is no subsidiary penalty for non-payment of
 When the penalty imposed is higher than prision
reparation, indemnification and costs in par 1, 2 and 4
correccional
of Art 38. It is only for fines.
 For failure to pay the reparation of the damage
 Art 39 applies only when the convict has no property caused, indemnification of the consequential
with which to meet the fine in par 3 of art 38. Thus, a damages, and the costs of the proceedings
convict who has property enough to meet the fine  When the penalty imposed is fine and a penalty not to
and not exempted from execution cannot choose to he executed by confinement in a penal institution and
serve the subsidiary penalty instead of the payment which has no fixed duration.
of the fine.
 Subsidiary imprisonment is not an accessory penalty.

It is covered by Art 40-45 of this Code. Accessory
penalties are deemed imposed even when not
mentioned while subsidiary imprisonment must be
expressly imposed.
Section Three. - Penalties in which other accessory Chapter Four

penalties are inherent APPLICATION OF PENALTIES
Article 40. Death; Its accessory penalties. - The death Section One. - Rules for the application of penalties to
penalty, when it is not executed by reason of the persons criminally liable and for the graduation of
commutation or pardon shall carry with it that of the same.
perpetual absolute disqualification and that of civil
interdiction during thirty years following the date Article 46. Penalty to be imposed upon principals in
sentence, unless such accessory penalties have been general. - The penalty prescribed by law for the
expressly remitted in the pardon. commission of a felony shall be imposed upon the
principals in the commission of such felony.
Article 41. Reclusion perpetua and reclusion temporal;
Their accessory penalties. - The penalties of reclusion Whenever the law prescribes a penalty for a felony is
perpetua and reclusion temporal shall carry with them general terms, it shall be understood as applicable to
that of civil interdiction for life or during the period of the consummated felony.
the sentence as the case may be, and that of perpetual
Article 47. In what cases the death penalty shall not be
absolute disqualification which the offender shall suffer
imposed. - The death penalty shall be imposed in all
even though pardoned as to the principal penalty,
cases in which it must be imposed under existing laws,
unless the same shall have been expressly remitted in
except in the following cases:
the pardon.
1. When the guilty person be more than seventy years
Article 42. Prision mayor; Its accessory penalties. - The
of age.
penalty of prision mayor, shall carry with it that of
temporary absolute disqualification and that of
2. When upon appeal or revision of the case by the
perpetual special disqualification from the right of
Supreme court, all the members thereof are not
suffrage which the offender shall suffer although
unanimous in their voting as to the propriety of the
pardoned as to the principal penalty, unless the same
imposition of the death penalty. For the imposition of
shall have been expressly remitted in the pardon.
said penalty or for the confirmation of a judgment of
the inferior court imposing the death sentence, the
Article 43. Prision correccional; Its accessory
Supreme Court shall render its decision per curiam,
penalties. - The penalty of prision correccional shall
which shall be signed by all justices of said court,
carry with it that of suspension from public office, from
unless some member or members thereof shall have
the right to follow a profession or calling, and that of
been disqualified from taking part in the consideration
perpetual special disqualification from the right of
of the case, in which even the unanimous vote and
suffrage, if the duration of said imprisonment shall
signature of only the remaining justices shall be
exceed eighteen months. The offender shall suffer the
required.
disqualification provided in the article although
pardoned as to the principal penalty, unless the same
shall have been expressly remitted in the pardon.
Article 44. Arresto; Its accessory penalties. - The

penalty of arresto shall carry with it that of suspension
of the right too hold office and the right of suffrage
during the term of the sentence.
Article 45. Confiscation and forfeiture of the proceeds

or instruments of the crime. - Every penalty imposed
for the commission of a felony shall carry with it the
forfeiture of the proceeds of the crime and the
instruments or tools with which it was committed.
Such proceeds and instruments or tools shall be

confiscated and forfeited in favor of the Government,
unless they be property of a third person not liable for
the offense, but those articles which are not subject of
lawful commerce shall be destroyed.
Article 48. Penalty for complex crimes. - When a single Art. 48 does not apply when the law provides one single
act constitutes two or more grave or less grave penalty for special complex crimes.
felonies, or when an offense is a necessary means for
committing the other, the penalty for the most serious Thus, in robbery with homicide (Art. 294, par. 1), robbery with
crime shall be imposed, the same to be applied in its rape (Art. 294, par. 2), or kidnapping with serious physical
maximum period. injuries (Art. 267, par. 3), or kidnapping with murder or
homicide (Art. 267, last par.), or rape with homicide (Art. 335),
Art. 48 requires the commission of at least two crimes. But the
two or more grave or less grave felonies must be the result of Ivler v Modesto
a single act, or an offense must be a necessary means for
 The doctrine that reckless imprudence under Article
committing the other
365 is a single quasi-offense by itself and not merely
A complex crime is only one crime. a means to commit other crimes such that conviction
or acquittal of such quasi-offense bars subsequent
Two kinds of complex crimes prosecution for the same quasi offense, regardless of
its various resulting acts, undergirded the Court’s
 When a single act constitutes two or more grave or unbroken chain of jurisprudence on double jeopardy
less grave felonies. as applied to Article 365 starting with People v. Diaz,
 When an offense is a necessary means for committing decided in 1954.
the other.  SC ruled that prosecutions under Article 365 should
proceed from a single charge regardless of the
The first is otherwise known as compound crime. The second number or severity of the consequences. In imposing
is the complex crime proper penalties, the judge will do no more than apply the
penalties under Article 365 for each consequence
"When a single act constitutes two or more grave or
alleged and proven. In short, there shall be no
less grave felonies."
splitting of charges under Article 365, and only one
information shall be filed in the same first level court
REQ:
1. That only a single act is performed by the offender. A continued crime is not a complex crime
A continued crime is not a complex crime, because

2. That the single act produces (1) two or more grave felonies,
the offender in continued or continuous crime does not
or (2) one or more grave and one or more less grave felonies,
perform a single act, but a series of acts, and one offense is
or (3) two or more less grave felonies.
not a necessary means for committing the other.
There is no complex crime of arson with homicide under Art.
48
Article 49. Penalty to be imposed upon the principals
Applicable to crimes through negligence
when the crime committed is different from that
When an offense is a necessary means for committing intended. - In cases in which the felony committed is
the other. different from that which the offender intended to
commit, the following rules shall be observed:
REQ:
1. If the penalty prescribed for the felony committed be
1. That at least two offenses are committed. higher than that corresponding to the offense which
the accused intended to commit, the penalty
2. That one or some of the offenses must be necessary to corresponding to the latter shall be imposed in its
commit the other. maximum period.
3. That both or all the offenses must be punished under the 2. If the penalty prescribed for the felony committed be
same statute. lower than that corresponding to the one which the
accused intended to commit, the penalty for the former
When two or more crimes are committed but (1) not by a
shall be imposed in its maximum period.
single act, or (2) one is not a necessary means for committing
the other, there is no complex crime 3. The rule established by the next preceding
paragraph shall not be applicable if the acts committed
There is no complex crime of rebellion with murder, arson,
by the guilty person shall also constitute an attempt or
robbery, or other common crimes.
frustration of another crime, if the law prescribes a
higher penalty for either of the latter offenses, in which
case the penalty provided for the attempted or the

frustrated crime shall be imposed in its maximum
period.
Art. 49 has reference to the provision of the 1st paragraph of

Art. 4.
Paragraph 1 of Art. 4 covers (1) aberratio ictus (mistake in the

blow), (2) error in personae (mistake in the identity of the
victim), and (3) praeter intentionem (where a more serious
consequence not intended by the offender befalls the same
person)
Art. 49 applies only when there is a mistake in the identity of

the victim of the crime, and the penalty for the crime
committed is different from that for the crime intended to be
committed.
ART 49 ART 48
Penalty for the more serious

Lesser penalty to be imposed
crime shall be imposed in its
in its maximum pd
maximum pd
Art. 49 has no application to cases where a more

serious consequence not intended by the offender
befalls the same person.
A wanted only to inflict a wound on the face of B that would

leave a permanent scar on his face or one that would compel
the latter to remain in the hospital for a week or two, but
never intended to kill him. But as A did not have control of his
right arm on account of paralysis, the blow, although intended
for the face, landed at the base of the neck, resulting in the
fatal wound in that part of the body of B, who died as a
consequence.
In this case, there is praeter intentionem and the crime not

intended by the offender befell the same person. Note that in
the examples under error in personae, the crime not intended
by the offender befell a different person.
From the foregoing examples and discussions, it will be noted

that the rules stated in paragraphs 1 and 2 of Art. 49 cannot
apply to cases involving aberratio ictus or praeter intentionem.
Article 50. Penalty to be imposed upon principals of a Article 59. Penalty to be imposed in case of failure to
frustrated crime. - The penalty next lower in degree commit the crime because the means employed or the
than that prescribed by law for the consummated aims sought are impossible. - When the person
felony shall be imposed upon the principal in a intending to commit an offense has already performed
frustrated felony. the acts for the execution of the same but nevertheless
the crime was not produced by reason of the fact that
Article 51. Penalty to be imposed upon principals of the act intended was by its nature one of impossible
attempted crimes. - A penalty lower by two degrees accomplishment or because the means employed by
than that prescribed by law for the consummated such person are essentially inadequate to produce the
felony shall be imposed upon the principals in an result desired by him, the court, having in mind the
attempt to commit a felony. social danger and the degree of criminality shown by
the offender, shall impose upon him the penalty
Article 52. Penalty to be imposed upon accomplices in
of arresto mayor or a fine from 200 to 500 pesos.
consummated crime. - The penalty next lower in
degree than that prescribed by law for the Article 60. Exception to the rules established in Articles
consummated shall be imposed upon the accomplices 50 to 57. - The provisions contained in Articles 50 to
in the commission of a consummated felony. 57, inclusive, of this Code shall not be applicable to
cases in which the law expressly prescribes the penalty
Article 53. Penalty to be imposed upon accessories to
provided for a frustrated or attempted felony, or to be
the commission of a consummated felony. - The
imposed upon accomplices or accessories.
penalty lower by two degrees than that prescribed by
law for the consummated felony shall be imposed upon Article 61. Rules for graduating penalties. - For the
the accessories to the commission of a consummated purpose of graduating the penalties which, according
felony. to the provisions of Articles 50 to 57, inclusive, of this
Code, are to be imposed upon persons guilty as
Article 54. Penalty to imposed upon accomplices in a
principals of any frustrated or attempted felony, or as
frustrated crime. - The penalty next lower in degree
accomplices or accessories, the following rules shall be
than prescribed by law for the frustrated felony shall
observed:
be imposed upon the accomplices in the commission of
a frustrated felony. 1. When the penalty prescribed for the felony is single
and indivisible, the penalty next lower in degrees shall
Article 55. Penalty to be imposed upon accessories of a
be that immediately following that indivisible penalty
frustrated crime. - The penalty lower by two degrees
in the respective graduated scale prescribed in Article
than that prescribed by law for the frustrated felony
71 of this Code.
shall be imposed upon the accessories to the
commission of a frustrated felony. 2. When the penalty prescribed for the crime is
composed of two indivisible penalties, or of one or
Article 56. Penalty to be imposed upon accomplices in
more divisible penalties to be impose to their full
an attempted crime. - The penalty next lower in degree
extent, the penalty next lower in degree shall be that
than that prescribed by law for an attempt to commit a
immediately following the lesser of the penalties
felony shall be imposed upon the accomplices in an
prescribed in the respective graduated scale.
attempt to commit the felony.
3. When the penalty prescribed for the crime is
Article 57. Penalty to be imposed upon accessories of
composed of one or two indivisible penalties and the
an attempted crime. - The penalty lower by two
maximum period of another divisible penalty, the
degrees than that prescribed by law for the attempted
penalty next lower in degree shall be composed of the
felony shall be imposed upon the accessories to the
medium and minimum periods of the proper divisible
attempt to commit a felony.
penalty and the maximum periods of the proper
divisible penalty and the maximum period of that
Article 58. Additional penalty to be imposed upon
immediately following in said respective graduated
certain accessories. - Those accessories falling within
scale.
the terms of paragraphs 3 of Article 19 of this Code
who should act with abuse of their public functions,
4. when the penalty prescribed for the crime is
shall suffer the additional penalty of absolute perpetual
composed of several periods, corresponding to
disqualification if the principal offender shall be guilty
different divisible penalties, the penalty next lower in
of a grave felony, and that of absolute temporary
degree shall be composed of the period immediately
disqualification if he shall be guilty of a less grave
following the minimum prescribed and of the two next
felony.
following, which shall be taken from the penalty
prescribed, if possible; otherwise from the penalty

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consu plices crime
accom perio
mmate in an
plices d.
d crime attem
in a
pted
frustra Section Two. - Rules for the application of penalties
crime
ted with regard to the mitigating and aggravating
crime. circumstances, and habitual delinquency.
Article 62. Effect of the attendance of mitigating or

Firs Reclusi Reclusi Prisio
Prisio aggravating circumstances and of habitual
t Deat on on n
n delinquency. - Mitigating or aggravating circumstances
Cas h Perpet Tempo Correc
Mayor and habitual delinquency shall be taken into account
e ua ral cional
for the purpose of diminishing or increasing the penalty
in conformity with the following rules:
Recl
usio 1. Aggravating circumstances which in themselves
Sec n Reclusi Prisio constitute a crime specially punishable by law or which
Arrest
ond Perp on Prision n are included by the law in defining a crime and
o
Cas etua Tempo Mayor Correc prescribing the penalty therefor shall not be taken into
Mayor
e to ral cional account for the purpose of increasing the penalty.
Deat
h 2. The same rule shall apply with respect to any
aggravating circumstance inherent in the crime to such
a degree that it must of necessity accompany the
Thi Recl Prision Prision Arrest Fine commission thereof.
rd usio Mayor correcc o and
3. Aggravating or mitigating circumstances which arise 1. When in the commission of the deed there is present
from the moral attributes of the offender, or from his only one aggravating circumstance, the greater penalty
private relations with the offended party, or from any shall be applied.
other personal cause, shall only serve to aggravate or
mitigate the liability of the principals, accomplices and 2. When there are neither mitigating nor aggravating
accessories as to whom such circumstances are circumstances and there is no aggravating
attendant. circumstance, the lesser penalty shall be applied.
4. The circumstances which consist in the material 3. When the commission of the act is attended by some
execution of the act, or in the means employed to mitigating circumstances and there is no aggravating
accomplish it, shall serve to aggravate or mitigate the circumstance, the lesser penalty shall be applied.
liability of those persons only who had knowledge of
4. When both mitigating and aggravating
them at the time of the execution of the act or their
circumstances attended the commission of the act, the
cooperation therein.
court shall reasonably allow them to offset one another
5. Habitual delinquency shall have the following in consideration of their number and importance, for
effects: the purpose of applying the penalty in accordance with
the preceding rules, according to the result of such
(a) Upon a third conviction the culprit shall be compensation.
sentenced to the penalty provided by law for the last
crime of which he be found guilty and to the additional Article 64. Rules for the application of penalties which
penalty of prision correccional in its medium and contain three periods. - In cases in which the penalties
maximum periods; prescribed by law contain three periods, whether it be
a single divisible penalty or composed of three different
(b) Upon a fourth conviction, the culprit shall be penalties, each one of which forms a period in
sentenced to the penalty provided for the last crime of accordance with the provisions of Articles 76 and 77,
which he be found guilty and to the additional penalty the court shall observe for the application of the
of prision mayor in its minimum and medium periods; penalty the following rules, according to whether there
and are or are not mitigating or aggravating circumstances:
(c) Upon a fifth or additional conviction, the culprit 1. When there are neither aggravating nor mitigating
shall be sentenced to the penalty provided for the last circumstances, they shall impose the penalty
crime of which he be found guilty and to the additional prescribed by law in its medium period.
penalty of prision mayor in its maximum period to
reclusion temporal in its minimum period. 2. When only a mitigating circumstances is present in
the commission of the act, they shall impose the
Notwithstanding the provisions of this article, the total penalty in its minimum period.
of the two penalties to be imposed upon the offender,
in conformity herewith, shall in no case exceed 30 3. When an aggravating circumstance is present in the
years. commission of the act, they shall impose the penalty in
its maximum period.
For the purpose of this article, a person shall be
deemed to be habitual delinquent, is within a period of 4. When both mitigating and aggravating
ten years from the date of his release or last conviction circumstances are present, the court shall reasonably
of the crimes of serious or less serious physical injuries, offset those of one class against the other according to
robo, hurto, estafa or falsification, he is found guilty of their relative weight.
any of said crimes a third time or oftener.
5. When there are two or more mitigating
Article 63. Rules for the application of indivisible circumstances and no aggravating circumstances are
penalties. - In all cases in which the law prescribes a present, the court shall impose the penalty next lower
single indivisible penalty, it shall be applied by the to that prescribed by law, in the period that it may
courts regardless of any mitigating or aggravating deem applicable, according to the number and nature
circumstances that may have attended the commission of such circumstances.
of the deed.
6. Whatever may be the number and nature of the
In all cases in which the law prescribes a penalty aggravating circumstances, the courts shall not impose
composed of two indivisible penalties, the following a greater penalty than that prescribed by law, in its
rules shall be observed in the application thereof: maximum period.
7. Within the limits of each period, the court shall period which may be deemed proper, in view of the
determine the extent of the penalty according to the number and nature of the conditions of exemption
number and nature of the aggravating and mitigating present or lacking.
circumstances and the greater and lesser extent of the
evil produced by the crime.
Article 65. Rule in cases in which the penalty is not

composed of three periods. - In cases in which the
penalty prescribed by law is not composed of three
periods, the courts shall apply the rules contained in
the foregoing articles, dividing into three equal
portions of time included in the penalty prescribed, and
forming one period of each of the three portions.
Article 66. Imposition of fines. - In imposing fines the

courts may fix any amount within the limits established
by law; in fixing the amount in each case attention
shall be given, not only to the mitigating and
aggravating circumstances, but more particularly to
the wealth or means of the culprit.
Article 67. Penalty to be imposed when not all the

requisites of exemption of the fourth circumstance of
Article 12 are present. - When all the conditions
required in circumstances Number 4 of Article 12 of
this Code to exempt from criminal liability are not
present, the penalty of arresto mayor in its maximum
period to prision correccional in its minimum period
shall be imposed upon the culprit if he shall have been
guilty of a grave felony, and arresto mayor in its
minimum and medium periods, if of a less grave felony.
Article 68. Penalty to be imposed upon a person under

eighteen years of age. - When the offender is a minor
under eighteen years and his case is one coming under
the provisions of the paragraphs next to the last of
Article 80 of this Code, the following rules shall be
observed:
1. Upon a person under fifteen but over nine years of

age, who is not exempted from liability by reason of
the court having declared that he acted with
discernment, a discretionary penalty shall be imposed,
but always lower by two degrees at least than that
prescribed by law for the crime which he committed.
2. Upon a person over fifteen and under eighteen years

of age the penalty next lower than that prescribed by
law shall be imposed, but always in the proper period.
Article 69. Penalty to be imposed when the crime

committed is not wholly excusable. - A penalty lower
by one or two degrees than that prescribed by law shall
be imposed if the deed is not wholly excusable by
reason of the lack of some of the conditions required to
justify the same or to exempt from criminal liability in
the several cases mentioned in Article 11 and 12,
provided that the majority of such conditions be
present. The courts shall impose the penalty in the
Article 70. Successive service of sentence. - When the Maximum duration of the convict’s sentence: 3 times the
culprit has to serve two or more penalties, he shall most severe penalty
serve them simultaneously if the nature of the
penalties will so permit otherwise, the following rules Max period shall not exceed 40 years
shall be observed:
Subsidiary imprisonment – this shall be excluded in
In the imposition of the penalties, the order of their computing for the maximum duration
respective severity shall be followed so that they may
The three-fold rule
be executed successively or as nearly as may be
possible, should a pardon have been granted as to the
- According to the three-fold rule, the maximum
penalty or penalties first imposed, or should they have
duration of the convicts sentence shall not be more
been served out.
than three times the length of time corresponding to
the most severe of the penalties imposed upon him
For the purpose of applying the provisions of the next
- Max period shall not exceed 40 years
preceding paragraph the respective severity of the
penalties shall be determined in accordance with the
Where the defendant was sentenced to three distinct
following scale:
terms of imprisonment for the separate offenses of
frustrated homicide, trespass, and less serious physical
1. Death,
injuries, the three penalties should be served successively
2. Reclusion perpetua, in the order of their severity.
3. Reclusion temporal, The phrase "the most severe of the penalties" includes
equal penalties.
4. Prision mayor,
The three-fold rule applies only when the convict has to
5. Prision correccional, serve at least four sentences.
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute disqualification,
10 Temporal absolute disqualification.
11. Suspension from public office, the right to vote and

be voted for, the right to follow a profession or calling,
and
12. Public censure.
Notwithstanding the provisions of the rule next

preceding, the maximum duration of the convict's
sentence shall not be more than three-fold the length
of time corresponding to the most severe of the
penalties imposed upon him. No other penalty to which
he may be liable shall be inflicted after the sum total of
those imposed equals the same maximum period.
Such maximum period shall in no case exceed forty

years.
In applying the provisions of this rule the duration of

perpetual penalties (pena perpetua) shall be computed
at thirty years. (As amended).
Article 71. Graduated scales. - In the case in which the Articles 40, 41, 42, 43 and 44 of this Code, it must be
law prescribed a penalty lower or higher by one or understood that the accessory penalties are also
more degrees than another given penalty, the rules imposed upon the convict.
prescribed in Article 61 shall be observed in graduating
such penalty. Article 74. Penalty higher than reclusion perpetua in
certain cases. - In cases in which the law prescribes a
The lower or higher penalty shall be taken from the penalty higher than another given penalty, without
graduated scale in which is comprised the given specially designating the name of the former, if such
penalty. higher penalty should be that of death, the same
penalty and the accessory penalties of Article 40, shall
The courts, in applying such lower or higher penalty, be considered as the next higher penalty.
shall observe the following graduated scales:
Article 75. Increasing or reducing the penalty of fine by
SCALE NO. 1 one or more degrees. - Whenever it may be necessary
to increase or reduce the penalty of fine by one or more
1. Death,
degrees, it shall be increased or reduced, respectively,
for each degree, by one-fourth of the maximum
2. Reclusion perpetua,
amount prescribed by law, without however, changing
3. Reclusion temporal, the minimum.
4. Prision mayor, The same rules shall be observed with regard of fines
that do not consist of a fixed amount, but are made
5. Prision correccional, proportional.
6. Arresto mayor, Article 76. Legal period of duration of divisible

penalties. - The legal period of duration of divisible
7. Destierro, penalties shall be considered as divided into three
parts, forming three periods, the minimum, the
8. Arresto menor,
medium, and the maximum in the manner shown in the
following table:
9. Public censure,
TABLE SHOWING THE DURATION OF DIVISIBLE
10. Fine.
PENALTIES AND THE TIME INCLUDED IN EACH OF
SCALE NO. 2 THEIR PERIODS
1. Perpetual absolute disqualification, Penalties Time Time Time Time
2. Temporal absolute disqualification

include
included include
3. Suspension from public office, the right to vote and d in the included
in its d in its
be voted for, the right to follow a profession or calling, penalty in its
minimu mediu
in its maximu
4. Public censure, m m
entiret m
period period
y
5. Fine.
Article 72 Preference in the payment of the civil From

liabilities. - The civil liabilities of a person found guilty 14
of two or more offenses shall be satisfied by following years,
the chronological order of the dates of the judgments From From 12
8 From 17
rendered against him, beginning with the first in order 12 years
months years, 4
of time. years and 1
Reclusion and 1 months
and 1 day to
temporal day to and 1
Section Three. - Provisions common in the last two day to 14 years
17 day to
preceding sections 20 and 8
years 20 years.
years. months.
Article 73. Presumption in regard to the imposition of and 4
accessory penalties. - Whenever the courts shall months
impose a penalty which, by provision of law, carries .
with it other penalties, according to the provisions of
circumstances or incidents than those expressly

Prision
authorized thereby.
mayor, From 6 From 8
From 6 From 10
absolute years years
years years In addition to the provisions of the law, the special
disqualificatio and 1 and 1
and 1 and 1 regulations prescribed for the government of the
n and special day to day to
day to 8 day to institutions in which the penalties are to be suffered
temporary 12 10
years. 12 years. shall be observed with regard to the character of the
disqualificatio years. years.
work to be performed, the time of its performance, and
n
other incidents connected therewith, the relations of
the convicts among themselves and other persons, the
From 2 relief which they may receive, and their diet.
years,
From 6 The regulations shall make provision for the separation
From 6 4 From 4
months of the sexes in different institutions, or at least into
Prision months months years, 2
and 1 different departments and also for the correction and
correccional, and 1 and 1 months
day to 2 reform of the convicts.
suspension day to day to and 1
years
and destierro 6 4 years day to 6
and 4 Article 79. Suspension of the execution and service of
years. and 2 years.
months. the penalties in case of insanity. - When a convict shall
months
become insane or an imbecile after final sentence has
.
been pronounced, the execution of said sentence shall
be suspended only with regard to the personal penalty,
From 2 the provisions of the second paragraph of circumstance
From 1
months From 4 number 1 of Article 12 being observed in the
month
From 1 and 1 months corresponding cases.
Arresto and 1
to 2 day to and 1
mayor day to If at any time the convict shall recover his reason, his
months. 4 day to 6
months sentence shall be executed, unless the penalty shall
months months.
. have prescribed in accordance with the provisions of
.
this Code.
From The respective provisions of this section shall also be

From 1 From 1 From 21
Arresto 11 to observed if the insanity or imbecility occurs while the
to 30 to 10 to 30
menor 20 convict is serving his sentence.
days. days. days.
days.
Article 80. Suspension of sentence of minor
delinquents. - Whenever a minor of either sex, under
Article 77. When the penalty is a complex one
sixteen years of age at the date of the commission of a
composed of three distinct penalties. - In cases in
grave or less grave felony, is accused thereof, the
which the law prescribes a penalty composed of three
court, after hearing the evidence in the proper
distinct penalties, each one shall form a period; the
proceedings, instead of pronouncing judgment of
lightest of them shall be the minimum the next the
conviction, shall suspend all further proceedings and
medium, and the most severe the maximum period.
shall commit such minor to the custody or care of a
Whenever the penalty prescribed does not have one of public or private, benevolent or charitable institution,
the forms specially provided for in this Code, the established under the law of the care, correction or
periods shall be distributed, applying by analogy the education of orphaned, homeless, defective, and
prescribed rules. delinquent children, or to the custody or care of any
other responsible person in any other place subject to
Chapter Five visitation and supervision by the Director of Public
EXECUTION AND SERVICE OF PENALTIES Welfare or any of his agents or representatives, if there
be any, or otherwise by the superintendent of public
Section One. - General Provisions schools or his representatives, subject to such
conditions as are prescribed hereinbelow until such
Article 78. When and how a penalty is to be executed. -
minor shall have reached his majority age or for such
No penalty shall be executed except by virtue of a final
less period as the court may deem proper. The court, in
judgment.
committing said minor as provided above, shall take
into consideration the religion of such minor, his
A penalty shall not be executed in any other form than
parents or next of kin, in order to avoid his
that prescribed by law, nor with any other
commitment to any private institution not under the pay one-third of said expenses; the province to which
control and supervision of the religious sect or the municipality belongs shall pay one-third; and the
denomination to which they belong. remaining one-third shall be borne by the National
Government: Provided, however, That whenever the
The Director of Public Welfare or his duly authorized Secretary of Finance certifies that a municipality is not
representatives or agents, the superintendent of public able to pay its share in the expenses above mentioned,
schools or his representatives, or the person to whose such share which is not paid by said municipality shall
custody or care the minor has been committed, shall be borne by the National Government. Chartered cities
submit to the court every four months and as often as shall pay two-thirds of said expenses; and in case a
required in special cases, a written report on the good chartered city cannot pay said expenses, the internal
or bad conduct of said minor and the moral and revenue allotments which may be due to said city shall
intellectual progress made by him. be withheld and applied in settlement of said
indebtedness in accordance with section five hundred
The suspension of the proceedings against a minor may
and eighty-eight of the Administrative Code.
be extended or shortened by the court on the
recommendation of the Director of Public Welfare or Section Two. - Execution of principal penalties.
his authorized representative or agents, or the
superintendent of public schools or his representatives, Article 81. When and how the death penalty is to be
according as to whether the conduct of such minor has executed. - The death sentence shall be executed with
been good or not and whether he has complied with reference to any other and shall consist in putting the
the conditions imposed upon him, or not. The person under sentence to death by electrocution. The
provisions of the first paragraph of this article shall death sentence shall be executed under the authority
not, however, be affected by those contained herein. of the Director of Prisons, endeavoring so far as
possible to mitigate the sufferings of the person under
If the minor has been committed to the custody or care sentence during electrocution as well as during the
of any of the institutions mentioned in the first proceedings prior to the execution.
paragraph of this article, with the approval of the
Director of Public Welfare and subject to such If the person under sentence so desires, he shall be
conditions as this official in accordance with law may anaesthetized at the moment of the electrocution.
deem proper to impose, such minor may be allowed to
stay elsewhere under the care of a responsible person. Article 82. Notification and execution of the sentence
and assistance to the culprit. - The court shall
If the minor has behaved properly and has complied designate a working day for the execution but not the
with the conditions imposed upon him during his hour thereof; and such designation shall not be
confinement, in accordance with the provisions of this communicated to the offender before sunrise of said
article, he shall be returned to the court in order that day, and the execution shall not take place until after
the same may order his final release. the expiration of at least eight hours following the
notification, but before sunset. During the interval
In case the minor fails to behave properly or to comply between the notification and the execution, the culprit
with the regulations of the institution to which he has shall, in so far as possible, be furnished such assistance
been committed or with the conditions imposed upon as he may request in order to be attended in his last
him when he was committed to the care of a moments by priests or ministers of the religion he
responsible person, or in case he should be found professes and to consult lawyers, as well as in order to
incorrigible or his continued stay in such institution make a will and confer with members of his family or
should be inadvisable, he shall be returned to the court persons in charge of the management of his business,
in order that the same may render the judgment of the administration of his property, or of the care of
corresponding to the crime committed by him. his descendants.
The expenses for the maintenance of a minor Article 83. Suspension of the execution of the death
delinquent confined in the institution to which he has sentence. - The death sentence shall not be inflicted
been committed, shall be borne totally or partially by upon a woman within the three years next following
his parents or relatives or those persons liable to the date of the sentence or while she is pregnant, nor
support him, if they are able to do so, in the discretion upon any person over seventy years of age. In this last
of the court; Provided, That in case his parents or case, the death sentence shall be commuted to the
relatives or those persons liable to support him have penalty of reclusion perpetua with the accessory
not been ordered to pay said expenses or are found penalties provided in Article 40.
indigent and cannot pay said expenses, the
municipality in which the offense was committed shall
Article 84. Place of execution and persons who may

witness the same. - The execution shall take place in
the penitentiary of Bilibid in a space closed to the
public view and shall be witnessed only by the priests
assisting the offender and by his lawyers, and by his
relatives, not exceeding six, if he so request, by the
physician and the necessary personnel of the penal
establishment, and by such persons as the Director of
Prisons may authorize.
Article 85. Provisions relative to the corpse of the

person executed and its burial. - Unless claimed by his
family, the corpse of the culprit shall, upon the
completion of the legal proceedings subsequent to the
execution, be turned over to the institute of learning or
scientific research first applying for it, for the purpose
of study and investigation, provided that such institute
shall take charge of the decent burial of the remains.
Otherwise, the Director of Prisons shall order the burial
of the body of the culprit at government expense,
granting permission to be present thereat to the
members of the family of the culprit and the friends of
the latter. In no case shall the burial of the body of a
person sentenced to death be held with pomp.
Article 86. Reclusion perpetua, reclusion temporal,

prision mayor, prision correccional and arresto mayor. -
The penalties of reclusion perpetua, reclusion
temporal, prision mayor, prision correccional
and arresto mayor, shall be executed and served in the
places and penal establishments provided by the
Administrative Code in force or which may be provided
by law in the future.
Article 87. Destierro. - Any person sentenced to

destierro shall not be permitted to enter the place or
places designated in the sentence, nor within the
radius therein specified, which shall be not more than
250 and not less than 25 kilometers from the place
designated.
Article 88. Arresto menor. - The penalty of arresto

menor shall be served in the municipal jail, or in the
house of the defendant himself under the surveillance
of an officer of the law, when the court so provides in
its decision, taking into consideration the health of the
offender and other reasons which may seem
satisfactory to it.
INDETERMINATE SENTENCE LAW The penalty next lower is prisidn correccional.
The court must determine two penalties Therefore, the indeterminate sentence will be: MAXIMUM —
prisidn mayor minimum, in its proper period after considering
When the crime is punished by a special law the mitigating circumstance. MINIMUM — prisidn correccional,
in any of its periods or anywhere within the range of prision
If the offense is punished by a special law, the court
correccional without reference to any of its periods.
shall sentence the accused to an indeterminate penalty, the
maximum term of which shall not exceed the maximum fixed Indeterminate Sentence Law not applicable to the
by said law and the minimum term shall not be less than the following
minimum prescribed by the same.
 Persons convicted of offenses punished with death
When the crime is punished by the Code penalty or life imprisonment.
 Those convicted of treason, conspiracy or proposal to
If the offense is punished by the Revised Penal Code,
commit treason
the court shall sentence the accused to an indeterminate
penalty, the maximum term of which shall be that which, in  Those convicted of misprision of treason, rebellion,
view of the attending circumstances, could be properly sedition or espionage.
imposed under the rules of the Revised Penal Code, and the  Those convicted of piracy.
minimum term of which shall be within the range of the  Those who are habitual delinquents.
penalty next lower to that prescribed by the Code for the  . Those who shall have escaped from confinement or
offense. evaded sentence.
 Those who violated the terms of conditional pardon
The purpose of the Indeterminate Sentence Law is "to uplift granted to them by the Chief Executive.
and redeem valuable human material, and prevent  Those whose maximum term of imprisonment does
unnecessary and excessive deprivation of personal liberty and not exceed one year.
economic usefulness."  Those who, upon the approval of the law (December
5, 1933), had been sentenced by final judgment.
Examples of application of Indeterminate Sentence Law
(Sec. 2, Act No. 4103)
Under Special law:  Those sentenced to the penalty of destierro or
suspension.
A is convicted of illegal possession of firearm punishable by
imprisonment from one year and one day to five years. ISL: Imprisonment 1 year exceed
The court can impose an indeterminate sentence from 2 years The Indeterminate Sentence Law is applicable to recidivist
and 1 day, as the minimum term, to 4 years, as the maximum
Considering the criminal as an individual, some of the factors
term; 2 years and 1 day to 3 years; or 3 years and 1 day to 5
that should be considered are: (1) his age, especially with
years.
reference to extreme youth or old age; (2) his general health
The maximum term of each of the different examples does not and physical conditions; (3) his mentality, heredity and
exceed the maximum of 5 years prescribed by the law, and the personal habits; (4) his previous conduct, environment and
minimum term is not less than the minimum of 1 year and 1 mode of life (and criminal record, if any); (5) his previous
day prescribed by the said law. education, both intellectual and moral; (6) his proclivities and
aptitudes for usefulness or injury to society; (7) his demeanor
Under the Revised Penal Code during trial and his attitude with regard to the crime
committed; (8) the manner and circumstances in which the
A is convicted of falsification of official document committed by crime was committed; (9) the gravity of the offense.
a public officer penalized by prision mayor. There is one
mitigating circumstance of plea of guilty. To determine the
penalty next lower, disregard first the mitigating circumstance
of plea of guilty. Hence, prision mayor in its full extent, the
penalty prescribed by the Code for the offense, should be the
basis, and not prision mayor minimum, because it is not the
penalty "prescribed by the Code for the offense."
Prision mayor minimum becomes the proper penalty only

because of the presence of the mitigating circumstance of plea
of guilty.
PROBATION PD 968 Who qualifies
"Probation" is a disposition under which a defendant, after - Penalty not exceed 6 years of imprisonment
conviction and sentence, is released subject to conditions - XPN: first time offenders of RA 9165 and Revised
imposed by the court and to the supervision of a probation Election Code
officer.
Who are the offenders disqualified from being placed on
Probation may be granted even if the sentence imposed a fine probation?
only, but with subsidiary imprisonment.
 those sentenced to serve a maximum term of
Upon application by defendant for probation, the court may imprisonment of more than six years;
suspend the execution of the sentence.  those who were previously convicted by final
judgment of an offense punished by imprisonment of
Time for filing application for probation; purpose and effect
not less than one month and one day and I or a fine
of not more than two hundred pesos;
What the law requires is that the application for
probation must be filed within the period for perfecting an  those convicted of subversion or any crime against
appeal. The need to file it within such period was intended to the national security or public order;
encourage offenders, who are willing to be reformed and  those who have been once on probation under the
rehabilitated, to avail of probation at the first opportunity. Such provisions of the Decree; and
provision was never intended to suspend the period for the  those who are already serving sentence at the time
perfection of an appeal, and the filing of the application for the substantive provisions of the Decree became
probation operates as a waiver of the right to appeal. applicable pursuant to Section 33 thereof.
Where application for probation filed What are the conditions of probation?
An application for probation shall be filed with the trial present himself to the probation officer designated to
court. undertake his supervision at such place as may be specified in
the order within 72 hours from receipt of the order;
Convict who filed an application for probation cannot appeal
report to the probation officer at least once a month
The filing of the application for probation is a waiver at such time and place as specified by said officer
of the right to appeal.
For how long may a convict be placed on probation?
Criteria for placing an offender on probation
If the convict is sentenced to a term of imprisonment
The court shall consider (1) all information relative to of not more than one year, the period of probation shall not
the — (a) character, (b) antecedents, (c) environment, (d) exceed two years.
mental, and (e) physical condition of the offender, and (2)
available institutional and community resources In all other cases, if he is sentenced to more than one
year, said period shall not exceed six years.
When probation shall be denied.
When the sentence imposes a fine only and the
Probation shall be denied if the court finds that: offender is made to serve subsidiary imprisonment, the period
of probation shall be twice the total number of days of
(a) the offender is in need of correctional treatment subsidiary imprisonment.
that can be provided most effectively by his commitment to an
institution; or (b) there is an undue risk that during the period
of probation, the offender will commit another crime; or (c)
probation will depreciate the seriousness of the offense
committed.
Title Four Definition of "final judgment."
EXTINCTION OF CRIMINAL LIABILITY the term "final judgment" employed in the Revised
Penal Code means judgment beyond recall. As long as a
Chapter One judgment has not become executory, it cannot be truthfully
TOTAL EXTINCTION OF CRIMINAL LIABILITY said that defendant is definitely guilty of the felony charged
against him.
Article 89. How criminal liability is totally
extinguished. - Criminal liability is totally extinguished: By amnesty
1. By the death of the convict, as to the personal It is an act of the sovereign power granting oblivion
penalties and as to pecuniary penalties, liability or a general pardon for a past offense, and is rarely, if ever,
therefor is extinguished only when the death of the exercised in favor of a single individual, and is usually exerted
offender occurs before final judgment. in behalf of certain classes of persons, who are subject to trial
but have not yet been convicted.
2. By service of the sentence;
Amnesty may be granted after conviction.
3. By amnesty, which completely extinguishes the
penalty and all its effects; Amnesty completely extinguishes the penalty and all its effects.
4. By absolute pardon; By absolute pardon.
5. By prescription of the crime; It is an act of grace proceeding from the power

entrusted with the execution of the laws which exempts the
6. By prescription of the penalty;
individual on whom it is bestowed from the punishment the
law inflicts for the crime he has committed.
7. By the marriage of the offended woman, as provided
in Article 344 of this Code.
Kinds of pardon:
That criminal liability is totally extinguished is a ground for
(a) Absolute pardon.
motion to quash
(b) Conditional pardon.
By the death of the convict.
A pardon, whether absolute or conditional, is in the nature of
The death of the convict, whether before or after final
a deed, for the validity of which delivery is an indispensable
judgment, extinguishes criminal liability, because one of the
requisite. Until accepted, all that may have been done is a
juridical conditions of penalty is that it is personal
matter of intended favor and may be cancelled. But once
accepted by the grantee, the pardon already delivered cannot
Civil liability is extinguished only when death occurs
be revoked by the authority which granted it
before final judgment.
Criminal and civil liability is extinguished when the AMNESTY PARDON

offender dies before final judgment.
People v Bayotas Extended to classes of persons

Exercised individually by
who may be guilty of political
the president
Death of the accused pending appeal of his conviction offenses
extinguishes his criminal liability as well as the civil liability
based solely thereon. As opined by Justice Regalado, in this
Exercised even before trial or Exercised when one is
regard, "the death of the accused prior to final judgment
terminates his criminal liability and only the civil investigation convicted
liability directly arising from and based solely on the offense
committed, i.e., civil liability ex delicto in senso strictiore." Looks forward and
Looks backward and abolishes
relieves the offender of
Corollarily, the claim for civil liability survives the offense itself
the consequences
notwithstanding the death of accused, if the same may also be
predicated on a source of obligation other than delict
Does not extinguish civil liability Same
A public act that needs the A private act of the

declaration of the president with president

the concurrence of Congress
Courts should take judicial Must be pleaded and

notice proved
By prescription of the crime
 When the crime prescribes, the state loses the right

to prosecute
 Prescription of a crime – is the loss/forfeiture of the

right of the state to prosecute the offender after the
lapse of a certain time.
By prescription of the penalty
 means the loss/forfeiture of the right of government

to execute the final sentence after the lapse of a
certain time.
 Conditions: there must be final judgement and the
period has elapsed for its enforcement
By the marriage of the offended woman

Article 90. Prescription of crime. - Crimes punishable by should commit another crime before the expiration of
death, reclusion perpetua or reclusion temporal shall the period of prescription.
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 RA
4661, approved June 19, 1966).
Article 91. Computation of prescription of offenses. -

The period of prescription shall commence to run from
the day on which the crime is discovered by the
offended party, the authorities, or their agents, and
shall be interrupted by the filing of the complaint or
information, and shall commence to run again when
such proceedings terminate without the accused being
convicted or acquitted, or are unjustifiably stopped for
any reason not imputable to him.
The term of prescription shall not run when the

offender is absent from the Philippine Archipelago.
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.
Article 93. Computation of the prescription of

penalties. - The period of prescription of penalties shall
commence to run from the date when the culprit
should evade the service of his sentence, and it shall be
interrupted if the defendant should give himself up, be
captured, should go to some foreign country with
which this Government has no extradition treaty, or
Chapter Two allowances for good conduct. Such allowances once

PARTIAL EXTINCTION OF CRIMINAL LIABILITY granted shall not be revoked.
Article 94. Partial Extinction of criminal liability. - Conditional pardon – contract between the sovereign power
Criminal liability is extinguished partially: of the executive and the convict
1. By conditional pardon;  Convict shall not violate any of the penal laws of the
Philippines
2. By commutation of the sentence; and
 Violation of conditions:
3. For good conduct allowances which the culprit may
earn while he is serving his sentence.  Offender is re-arrested and re-incarcerated
Article 95. Obligation incurred by person granted  Prosecution under Art. 159
conditional pardon. - Any person who has been granted
conditional pardon shall incur the obligation of Commutation – change in the decision of the court by the
complying strictly with the conditions imposed therein chief regarding the
otherwise, his non-compliance with any of the
conditions specified shall result in the revocation of the (1) degree of the penalty;
pardon and the provisions of Article 159 shall be
applied to him. (2) by decreasing the length of the imprisonment or fine
Article 96. Effect of commutation of sentence. - The  Commutation allowed when:

commutation of the original sentence for another of a
a) person over 70 yrs old
different length and nature shall have the legal effect
of substituting the latter in the place of the former.
b) 10 justices fail to reach a decision affirming the death
penalty
Article 97. Allowance for good conduct. - The good
conduct of any prisoner in any penal institution shall
 Consent not necessary in commutation
entitle him to the following deductions from the period
of his sentence:
 Prisoner is also allowed special time allowance for
loyalty w/c is 1/5 deduction of the period of his
1. During the first two years of his imprisonment, he
sentence.
shall be allowed a deduction of five days for each
month of good behavior;
Parole – consists in the suspension of the sentence of a
convict after serving the minimum term of the indeterminate
2. During the third to the fifth year, inclusive, of his
penalty, without granting pardon, prescribing the terms upon
imprisonment, he shall be allowed a deduction of eight
which the sentence shall be suspended. In case his parole
days for each month of good behavior;
conditions are not observed, a convict may be returned to the
3. During the following years until the tenth year, custody and continue to serve his sentence without deducting
inclusive, of his imprisonment, he shall be allowed a the time that elapsed.
deduction of ten days for each month of good behavior;
and CONDITIONAL PARDON PAROLE
4. During the eleventh and successive years of his

imprisonment, he shall be allowed a deduction of Given after service of the
Given after final judgement
fifteen days for each month of good behaviour. minimum penalty
Article 98. Special time allowance for loyalty. - A

Given by the Bd of Pardons
deduction of one-fifth of the period of his sentence Granted by Chief Executive
and Parole
shall be granted to any prisoner who, having evaded
the service of his sentence under the circumstances
mentioned in Article 58 of this Code, gives himself up For violations, may be
to the authorities within 48 hours following the For violation, convict may not
rearrested, convict serves
issuance of a proclamation announcing the passing be prosecuted under 159
remaining sentence
away of the calamity or catastrophe to in said article.
Article 99. Who grants time allowances. - Whenever

lawfully justified, the Director of Prisons shall grant
Title Five Article 102. Subsidiary civil liability of innkeepers,

tavernkeepers and proprietors of establishments. - In
CIVIL LIABILITY default of the persons criminally liable, innkeepers,
tavernkeepers, and any other persons or corporations
Chapter One
shall be civilly liable for crimes committed in their
PERSON CIVILLY LIABLE FOR FELONIES
establishments, in all cases where a violation of
municipal ordinances or some general or special police
Article 100. Civil liability of a person guilty of felony. -
regulation shall have been committed by them or their
Every person criminally liable for a felony is also civilly
employees.
liable.
Innkeepers are also subsidiarily liable for the
Article 101. Rules regarding civil liability in certain
restitution of goods taken by robbery or theft within
cases. - The exemption from criminal liability
their houses from guests lodging therein, or for the
established in subdivisions 1, 2, 3, 5 and 6 of Article 12
payment of the value thereof, provided that such
and in subdivision 4 of Article 11 of this Code does not
guests shall have notified in advance the innkeeper
include exemption from civil liability, which shall be
himself, or the person representing him, of the deposit
enforced subject to the following rules:
of such goods within the inn; and shall furthermore
First. In cases of subdivisions 1, 2, and 3 of Article 12, have followed the directions which such innkeeper or
the civil liability for acts committed by an imbecile or his representative may have given them with respect to
insane person, and by a person under nine years of age, the care and vigilance over such goods. No liability
or by one over nine but under fifteen years of age, who shall attach in case of robbery with violence against or
has acted without discernment, shall devolve upon intimidation of persons unless committed by the
those having such person under their legal authority or innkeeper's employees.
control, unless it appears that there was no fault or
Article 103. Subsidiary civil liability of other persons. -
negligence on their part.
The subsidiary liability established in the next
Should there be no person having such insane, imbecile preceding article shall also apply to employers,
or minor under his authority, legal guardianship or teachers, persons, and corporations engaged in any
control, or if such person be insolvent, said insane, kind of industry for felonies committed by their
imbecile, or minor shall respond with their own servants, pupils, workmen, apprentices, or employees
property, excepting property exempt from execution, in in the discharge of their duties.
accordance with the civil law.
Chapter Two
Second. In cases falling within subdivision 4 of Article WHAT CIVIL LIABILITY INCLUDES
11, the persons for whose benefit the harm has been
Article 104. What is included in civil liability. - The civil
prevented shall be civilly liable in proportion to the
liability established in Articles 100, 101, 102, and 103
benefit which they may have received.
of this Code includes:
The courts shall determine, in sound discretion, the
1. Restitution;
proportionate amount for which each one shall be
liable.
2. Reparation of the damage caused;
When the respective shares cannot be equitably
3. Indemnification for consequential damages.
determined, even approximately, or when the liability
also attaches to the Government, or to the majority of Article 105. Restitution; How made. - The restitution of
the inhabitants of the town, and, in all events, the thing itself must be made whenever possible, with
whenever the damages have been caused with the allowance for any deterioration, or diminution of value
consent of the authorities or their agents, as determined by the court.
indemnification shall be made in the manner prescribed
by special laws or regulations. The thing itself shall be restored, even though it be
found in the possession of a third person who has
Third. In cases falling within subdivisions 5 and 6 of acquired it by lawful means, saving to the latter his
Article 12, the persons using violence or causing the action against the proper person, who may be liable to
fears shall be primarily liable and secondarily, or, if him.
there be no such persons, those doing the act shall be
liable, saving always to the latter that part of their This provision is not applicable in cases in which the
property exempt from execution. thing has been acquired by the third person in the
manner and under the requirements which, by law, bar Chapter Three
an action for its recovery. EXTINCTION AND SURVIVAL OF CIVIL LIABILITY
Article 106. Reparation; How made. - The court shall Article 112. Extinction of civil liability. - Civil liability
determine the amount of damage, taking into established in Articles 100, 101, 102, and 103 of this
consideration the price of the thing, whenever possible, Code shall be extinguished in the same manner as
and its special sentimental value to the injured party, obligations, in accordance with the provisions of the
and reparation shall be made accordingly. Civil Law.
Article 107. Indemnification; What is included. - Article 113. Obligation to satisfy civil liability. - Except
Indemnification for consequential damages shall in case of extinction of his civil liability as provided in
include not only those caused the injured party, but the next preceding article the offender shall continue
also those suffered by his family or by a third person by to be obliged to satisfy the civil liability resulting from
reason of the crime. the crime committed by him, notwithstanding the fact
that he has served his sentence consisting of
Article 108. Obligation to make restoration, reparation deprivation of liberty or other rights, or has not been
for damages, or indemnification for consequential required to serve the same by reason of amnesty,
damages and actions to demand the same; Upon whom pardon, commutation of sentence or any other reason.
it devolves. - The obligation to make restoration or
reparation for damages and indemnification for
consequential damages devolves upon the heirs of the
person liable.
The action to demand restoration, reparation, and

indemnification likewise descends to the heirs of the
person injured.
Article 109. Share of each person civilly liable. - If there

are two or more persons civilly liable for a felony, the
courts shall determine the amount for which each must
respond.
Article 110. Several and subsidiary liability of

principals, accomplices and accessories of a felony;
Preference in payment. - Notwithstanding the
provisions of the next preceding article, the principals,
accomplices, and accessories, each within their
respective class, shall be liable severally (in solidum)
among themselves for their quotas, and subsidiaries for
those of the other persons liable.
The subsidiary liability shall be enforced, first against

the property of the principals; next, against that of the
accomplices, and, lastly, against that of the
accessories.
Whenever the liability in solidum or the subsidiary

liability has been enforced, the person by whom
payment has been made shall have a right of action
against the others for the amount of their respective
shares.
Article 111. Obligation to make restitution in certain

cases. - Any person who has participated gratuitously
in the proceeds of a felony shall be bound to make
restitution in an amount equivalent to the extent of
such participation.

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What are the sources of Philippine criminal law?

What are the sources of Philippine criminal law?

What are the characteristics of criminal law?

What are the characteristics of criminal law?

CRIMINAL LAW 1 REVIEWER

INTRODUCTION testimony than the law

 But when the Philippine vessel or aircraft is in

2. Should forge or counterfeit any coin or

3. Should be liable for acts connected with the

4. While being public officers or employees,

5. Should commit any of the crimes against

 The crimes against the national security and the

Persons Exempt From The Operation Of Our

 The following are not subject to the operation of

FELONIES  A person who caused an injury, without

1. ―Had the facts been as A believed them REQUISITES OF PARAGRAPH 1 OF ART. 4.

Article 6. Consummated, frustrated, and ATTEMPTED FELONY

There is an attempt when the offender  "Overt acts"

 "By reason of some cause or accident." FRUSTRATED FELONY

cause or accident in which the offender had no  Rape- Jurisprudence – No frustrated.

deliberate on the consequences of his interests. It is not necessary to

 Proposal as an overt act of corruption of public

Article 9. Grave felonies, less grave felonies and

Less grave felonies are those which the law

Light felonies are those infractions of law for the

Article 10. Offenses not subject to the provisions

Article 11. Justifying circumstances. - The JUSTIFYING CIRCUMSTANCE

The attack made by the deceased and the killing of the

Aggression that is expected Flight, incompatible with self-defense

II. DEFENSE OF RELATIVES IV. AVOIDANCE OF AN EVIL OR INJURY (STATE

III. DEFENSE OF A STRANGER V. FULFILLMENT OF DUTY OR LAWFUL EXERCISE

using such force as is reasonably

VI. OBEDIENCE TO AN ORDER ISSUED FOR SOME

Any person who acts in obedience to an order issued by

1. That an order has been issued by a superior.

When the order is not for a lawful purpose, the

The subordinate is not liable for carrying out an illegal

Article 12. Circumstances which exempt from EXEMPTING CIRCUMSTANCE

V. IRRESISTIBLE FORCE REQUISITES

Nature of duress as a valid defense DISTINCTION BETWEEN JUSTIFYING AND

Distinction between irresistible force and uncontrollable

- In irresistible force (par. 5), the offender uses

- The exempting circumstance in paragraph 6 of

VII. LAWFUL or INSUPERABLE CAUSE

Any person who fails to perform an act required by law,

1. That an act is required by law to be done;

RATIO: The circumstance in paragraph 7 of Art. 12

Chapter Three MITIGATING CIRCUMSTANCE

2. That the offender is under eighteen year of age Ordinary

9. Such illness of the offender as would diminish

Appreciated in murder qualified by circumstances based - Sufficient provocation as a requisite of

1. That the provocation must be sufficient.

Vindication of grave offense cannot co-exist with passion

Passion or obfuscation incompatible with treachery

Must come from a 3rd c. That the surrender was voluntary.

Must come from lawful - For voluntary surrender to be appreciated, the

- A surrender to be voluntary must be

The surrender must be spontaneous.

Intention to surrender, without actually surrendering, is