CRIMINAL LAW

BOOK 1
Atty. MFM
 CRIMINAL LAW
A branch of law which defines crimes, treats of their
nature and provides for their punishment.
This is in accord with the maxim “Nullum crimen,
nulla poena sine lege” which means “There is no
crime when there is no law punishing the same. ”
CHARACTERISTICS OF CRIMINAL LAW
A. Generality

* the binding effect of philippine criminal law extends to all PERSONS

who reside of the Philippines
 CHARACTERISTICS OF CRIMINAL LAW
B. Territoriality
* GR: the binding effect philippine criminal law extends to all crimes
committed within Philippine territory
EXPN: RPC article 2
Art. 2. Application of its provisions. — Except as provided in the treaties and laws of preferential application, the
provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its
interior waters and maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship2. 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.
CHARACTERISTICS OF CRIMINAL LAW
C. Prospectivity
* GR: Philippine criminal law always moves forward and does not have
any retroactive effect.
EXPN: 1. when new statute is favorable to the accused
2. when the law specifically provides for it
MALA IN SE VS. MALA
PROHIBITA
MALA IN SE MALA PROHIBITA
naturally evil as adjudged by the sense wrong only because a statute makes it
of a civilized community so
Crimes punishable by the revised penal Crimes punishable under the special
code laws
Lack of criminal intent is a defense Lack of criminal intent is not a
defense
EFFECTIVITY OF RPC BOOK 1
 The effectivity of the code is specifically mentioned in
article 1
 Art. 1. This Code shall take effect on January 1, 1932.
THE EXCEPTIONS TO THE
TERRITORIALITY RULE IN
CRIMINAL LAW
Art. 2. Except as provided in the treaties and laws of preferential application, the

provisions of this Code shall be enforced not only within the Philippine Archipelago

including its atmosphere, its interior waters and Maritime zone, but also outside of its

jurisdiction, against those who:

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

Requirements of “an offense committed while on a Philippine Ship or Airship”
 Registered with the Philippine Bureau of Customs
 Ship must be in the high seas or the airship must be in international airspace.

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;

THE TERRITORIALITY RULE
IN CRIMINAL LAW
3. Should be liable for acts connected with the introduction into these islands of the obligations

and securities mentioned in the preceding number;

4. While being public officers or employees, should commit an offense in the exercise of their

functions; or (Some of these crimes are bribery, fraud against national treasury, malversation of public

funds or property, and illegal use of public funds; e.g., A judge who accepts a bribe while in Japan.)

5. Should commit any crimes against the national security and the law of nations, defined in Title

One of Book Two of this Code. (These crimes include treason, espionage, piracy, mutiny, and violation

of neutrality)
RULES AS TO CRIMES COMMITTED ABOARD
FOREIGN MERCHANT VESSELS:

 French Rule – Such crimes are not triable in the courts of that
country, unless their commission affects the peace and security of
the territory or the safety of the state is endangered.
 English Rule – Such crimes are triable in that country, unless they
merely affect things within the vessel or they refer to the internal
management thereof. (This is applicable in the Philippines)
SITUATIONS WHERE THE FOREIGN COUNTRY MAY NOT APPLY
ITS CRIMINAL LAW EVEN IF A CRIME WAS COMMITTED ON
BOARD A VESSEL WITHIN ITS TERRITORIAL WATERS AND THESE
ARE:

(1) When the crime is committed in a war vessel of a foreign country, because war vessels
are part of the sovereignty of the country to whose naval force they belong;

(2) When the foreign country in whose territorial waters the crime was committed adopts
the French Rule, which applies only to merchant vessels, except when the crime committed
affects the national security or public order of such foreign country.
 FELONIES
 Art. 3.Acts and omissions punishable by law are felonies (delitos). Felonies are
committed not only be means of deceit (dolo) but also by means of fault (culpa). There is
deceit when the act is performed with deliberate intent and there is fault when the
wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
REQUISITES OF A FELONY

(1)an act or omission

(2)The act or omission is punishable under the

Revised Penal Code

(3)the act is performed or the omission incurred by

means of dolo or culpa.

FELONY BY MEANS OF DOLO
 There is dolo or deceit when the act is performed with deliberate

intent.

 Requisites:

 freedom

 intelligence

 intent
FELONY BY MEANS OF CULPA
 There is fault when the wrongful act results from imprudence, negligence, lack of foresight, or
lack of skill
 Requisites:
A. Freedom
B. Intelligence
C. Imprudence, negligence, lack of skill or foresight

> Imprudence – deficiency of action; e.g. A was driving a truck along a road. He hit
B because it was raining – reckless imprudence.
> Negligence – deficiency of perception; failure to foresee impending danger, usually
involves lack of foresight

D. Lack of intent
MISTAKE OF FACT
 is a misapprehension of fact on the part of the person who caused injury to
another. He is not criminally liable.
 Requisites:
a. that the act done would have been lawful had the facts been as the
accused believed them to be;
b. intention of the accused is lawful;
c. mistake must be without fault of carelessness.
U.S. VS. AH CHONG
 Since evil intent is in general an inseparable element in every crime, any such mistake of fact
as shows the act committed to have proceeded from no sort of evil in the mind necessarily
relieves the actor from criminal liability, provided always there is no fault or negligence on his
part. That is to say, the question as to whether he honestly, in good faith, and without fault or
negligence fell into the mistake is to be determined by the circumstances as they appeared to
him at the time when the mistake was made, and the effect which the surrounding
circumstances might reasonably be expected to have on his mind, in forming the intent,
criminal or otherwise, upon which he acted.
 U.S. VS. AH CHONG
 The Supreme Court ruled that the elements of self-defense were not present because there was no
"unlawful aggression" on the part of the victim. However, the accused was acquitted for mistake of fact.
The crime of homicide requires existence of criminal intent. The fact that the accused believed that the
victim is a robber, and tried to attack the robber to avoid injury or loss on his part, negates the existence of
criminal intent on the part of the accused.
 U.S. VS. AH CHONG
 The Supreme Court explained that: "A careful examination of the facts as disclosed in the case at bar
convinces us that the defendant Chinaman struck the fatal blow alleged in the information in the firm
belief that the intruder who forced open the door of his sleeping room was a thief, from whose assault he
was in imminent peril, both of his life and of his property and of the property committed to his charge; that
in view of all the circumstances, as they must have presented themselves to the defendant at the time, he
acted in good faith, without malice, or criminal intent, in the belief that he was doing no more than
exercising his legitimate right of self-defense; that had the facts been as he believed them to be he would
have been wholly exempt from criminal liability on account of his act; and that he can not be said to have
been guilty of negligence or recklessness or even carelessness in falling into his mistake as to the facts, or
in the means adopted by him to defend himself from the imminent danger which he believed threatened his
person and his property and the property under his charge."
CRIMINAL LIABILITY
Article 4. Criminal liability. - Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different
from that which he intended.
2. By any person performing an act which would be an offense against persons or property,
were it not for the inherent impossibility of its accomplishment or an account of the
employment of inadequate or ineffectual means.
ARTICLE 4, PAR 1
 Article 4, paragraph 1 presupposes that the act done is the
proximate cause of the resulting felony. It must be the direct,
natural, and logical consequence of the felonious act.
 This is known as the doctrine of PROXIMATE CAUSE
 According to the doctrine of proximate cause, the offender may still
be held criminally liable even if the result of the act was not what
was intended as long as: a) the felony was intentionally committed;
and b) the resulting felony was the direct, natural, and logical
consequence of the felonious act.
 Causes which produce a different result:

ERROR IN ABBERATIO ICTUS PRAETER

PERSONNAE INTENTIONEM

Meaning - Mistake in identity of - Mistake in blow - Injurious result is

the victim - hitting somebody greater than that
- The resulting victim other than the target intended
was not who was due to lack of skill or - causing injury graver
intended by the fortuitous instances than intended or
offender when he expected
executed the felonious
act

Legal Effect The resulting crime is a The resulting crime is a Ordinary Mitigating
complex crime under complex crime under circumstance
article 48 article 48
ARTICLE 4, PAR 2
 This paragraph discusses about impossible crime
 The doctrine of impossible crime provides that a felony is
committed by any person performing an act which
would be an offense against persons or property, were it
not for the inherent impossibility of its accomplishment
or on account of the employment of inadequate or
ineffectual means.
IMPOSSIBLE CRIME
Requisites:
 Act would have been an offense against persons or property

 Act is not an actual violation of another provision of the Code or of a

special penal law

 There was criminal intent

 Accomplishment was inherently impossible; or inadequate or

ineffectual means were employed.

IMPOSSIBLE CRIME
NOTES:
• What is being punished is the CRIMINAL

INTENT/TENDENCY of an individual
• There is no attempted or frustrated stage in impossible

crime
STAGES OF EXECUTION OF A
CRIME
a. Attempted
b. Frustrated
c. Consumated
ATTEMPTED FELONY
There is an attempt when the offender commences
the commission of a felony directly or over acts, and
does not perform all the acts of execution which
should produce the felony by reason of some cause
or accident other than this own spontaneous
desistance.
FRUSTRATED FELONY
A felony is frustrated when the offender performs all
the acts of execution which would produce the felony
as a consequence but which, nevertheless, do not
produce it by reason of causes independent of the will
of the perpetrator.
CONSUMATED FELONY
A felony is consummated when all the
elements necessary for its execution and
accomplishment are present
 STAGES OF A CRIME DOES NOT APPLY IN:

 Offenses punishable by Special Penal Laws, unless the otherwise is provided for.
 Formal crimes (e.g., slander, adultery, etc.)
 Impossible Crime
 Crimes consummated by mere attempt. Examples: attempt to flee to an enemy country,
treason, corruption of minors.
 Felonies by omission
 Crimes committed by mere agreement. Examples: betting in sports (endings in
basketball), corruption of public officers.
LIGHT FELONIES
 GR: Light felonies are punishable only when they are consummated

EXPN: crimes against persons and property such as slight physical injuries;
theft; alteration of boundary marks; malicious mischief; and intriguing against
honor
NOTE: In commission of crimes against properties and persons, every
stage of execution is punishable but only the principals and accomplices are
liable for light felonies, accessories are not.
CONSPIRACY AND PROPOSAL
TO COMMIT A FELONY
Article 8. Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit
felony are punishable only in the cases in which the law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its execution to
some other person or persons.
 KINDS OF CONSPIRACY

1. CONSPIRACYAS A CRIME – those where there

is a specific provision of the law punishing conspiracy and proposal
– no overt act is necessary to bring about the
criminal liability; the mere conspiracy is the crime itself.
2. CONSPIRACY AS A MANNER INCURRING CRIMINAL LIABILITY
- those where the law did not specifically provides for it
- there must be an overt act done before the co-conspirators become criminally liable. For as long as
none of the conspirators has committed an overt act, there is no crime yet. But when one of them commits
any overt act, all of them shall be held liable, unless a co-conspirator was absent from the scene of the
crime or he showed up, but he tried to prevent the commission of the crime.
- in this case, proof of conspiracy will just be used to determine the criminal liability of the co-
conspirators because in conspiracy, “the act of one is the act of all”
NOTE:
1. As a general rule, when there is conspiracy, the rule is that the act of one is the act of all. This
principle applies only to the crime agreed upon.

The exception is if any of the co-conspirator would commit a crime not agreed upon.

2. Proposal is true only up to the point where the party to whom the proposal was made has not yet
accepted the proposal. Once the proposal was accepted, a conspiracy arises. Proposal is unilateral,
one party makes a proposition to the other; conspiracy is bilateral, it requires two parties.
GRAVE, LESS GRAVE AND
LIGHT FELONIES
Art. 9. Grave felonies, less grave felonies and light felonies. - Grave felonies are those to which
the law attaches the capital punishment or penalties which in any of their periods are afflictive,
in accordance with Article 25 of this Code.
"Less gave felonies are those which the law punishes with penalties which in their maximum
period are correctional in accordance with abovementioned article.
"Light felonies are those infractions of law or the commission of which the penalty of arresto
menor or a fine not exceeding Forty thousand pesos (₱40,000) or both is provided."
CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY
 JUSTIFYING
 EXEMPTING
 MITIGATING
 AGGRAVATING
 ALTERNATIBG/ALTERNATIVE
 ABSOLUTORY
 EXTENUATING
 JUSTIFYING CIRCUMSTANCES
 These are the defenses in which the accused is deemed to have acted in
accordance with the law and therefore the act is lawful. Since the act is lawful, it
follows that there is no criminal, no criminal liability and no civil liability,
EXCEPT in paragraph 4.
 NOTES:
1. There is no mens rea or criminal intent
2. The circumstances pertain to the act and not to the actor. Hence all who
participated in the act will be benefited. Thus if the principal is acquitted there
will be no accomplices and accessories.
3. These apply only to intentional felonies, not to acts by omissions or to culpable
felonies or to violations of special laws
4. They are limited to the 6 enumerated in Article 11.
A. SELF DEFENSE
REQUISITES:

Unlawful aggression.
PEOPLE VS. OLARBE
G.R. No. 227421. July 23, 2018

“The test for the presence of unlawful aggression under the circumstances is whether the
aggression from the victim put in real peril the life or personal safety of the person defending
himself; the peril must not be an imagined or imaginary threat. Accordingly, the accused must
establish the concurrence of three elements of unlawful aggression, namely: (a) there must be a
physical or material attack or assault; (b) the attack or assault must be actual, or, at least,
imminent; and (c) the attack or assault must be unlawful.”

Reasonable necessity of the means employed to prevent or repel it.

 Lack of sufficient provocation on the part of the person defending himself.

B. DEFENSE OF A RELATIVE
Any one who acts in defense of the person or rights of his spouse, ascendants,
descendants, or legitimate, natural or adopted brothers or sisters, or his relatives
by affinity in the same degrees and those consanguinity within the fourth civil
degree

REQUISITES:

Unlawful aggression.
Reasonable necessity of the means employed to prevent or repel it.

 The provocation was given by the person attacked, that the one making defense
had no part therein.
C. DEFENSE OF A STRANGER
Anyone who acts in defense of the person or rights of a stranger

REQUISITES:

Unlawful aggression.
Reasonable necessity of the means employed to prevent or repel it.
that the person defending be not induced by revenge, resentment, or
other evil motive.
D. AVOIDANCE OF A GREATER EVIL
Any person who, in order to avoid an evil or injury, does not act which
causes damage to another.

REQUISITES:

That the evil sought to be avoided actually exists;

That the injury feared be greater than that done to avoid it;
That there be no other practical and less harmful means of preventing
it.
E. FULFILLMENT OF A DUTY/ LAWFUL EXERCISE OF A
RIGHT OR OFFICE

Any person who acts in the fulfillment of a duty or in the lawful

exercise of a right or office.

REQUISITES:
Accused acted in the performance of a duty

 That the injury caused or the offense committed be the necessary

consequence of the due performance of duty or the lawful exercise of
such right or office
F. OBEDIENCE TO A LAWFUL ORDER

Any person who acts in obedience to an order issued by a superior for some lawful
purpose.

REQUISITES:
 That an order has been issued by a superior
That such order must be for some lawful purpose

 That the means used by the subordinate to carry out the said order is lawful
 EXEMPTING CIRCUMSTANCES
 These are defenses where the accused committed a crime but is not criminally liable. There is
a crime, and there is civil liability but no criminal.

 NOTES:
1. The basis is the lack of any of the elements which makes the act/omission voluntary, i.e.
freedom, intelligence, intent or due care.
2. These defenses pertain to the actor and not the act. They are personal to the accused in
whom they are present and the effects do not extend to the other participants. Thus if a
principal is acquitted, the other principals, accessories and accomplices are still liable.
3. They apply to both intentional and culpable felonies and they may be available in
violations of special laws.
A. Imbecile or Insane unless the latter acted during lucid interval

 When the imbecile or an insane person has committed an act which

the law defines as a felony (delito), the court shall order his
confinement in one of the hospitals or asylums established for persons
thus afflicted, which he shall not be permitted to leave without first
obtaining the permission of the same court.
B. MINOR 15 YEARS OF AGE OR UNDER

 Under RA 9344, a child fifteen (15) years of age or under at

the time of the commission of the offense shall be exempt
from criminal liability. However, the child shall be subjected
to an intervention program
C. MINOR ABOVE 15 BUT BELOW 18 WHO ACTED
WITHOUT DISCERNMENT

 Under RA 9344, A child above fifteen (15) years but below

eighteen (18) years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program, unless he/she
has acted with discernment
C. OFFENDER IS OVER 70 YEARS OLD

Second paragraph provides that one of the mitigating circumstances is

when the offender is over seventy years.
D. ACCIDENT

Any person who, while performing a lawful act with due care, causes an injury by
mere accident without fault or intention of causing it.

REQUISITES:
 Person is performing a lawful act
 With due care
 He causes injury to another by mere accident
 Without fault or intention of causing it
E. IRRESISTABLE FORCE

Any person who act under the compulsion of irresistible force.

REQUISITES:
 that the compulsion is by means of physical force
 that the physical force must be irresistable
 that the physical force must come from a third person
F. IMPULSE OF AN UNCONTROLLABLE FEAR

Any person who acts under the impulse of an uncontrollable fear of an

equal or greater injury.

REQUISITES:
 That the threat which causes the fear is of an evil greater than, or at
least equal to, that which h is required to commit
 That it promises an evil of such gravity and imminence that the
ordinary man would have succumbed to it
G. INSUPERABLE CAUSE
Any person who fails to perform an act required by law, when
prevented by some lawful insuperable cause.

REQUISITES:
 That an act is required by law to be done
 That a person fails to perform such act
 That his failure to perform such act is due to some lawful or
insuperable cause

* Insuperable Cause – some motive which has lawfully, morally, or

physically prevented a person to do what the law commands.
 ABSOLUTORY CAUSES
These are defenses which have the same effects as the exempting
circumstances but they are not among those enumerated in Article 12. They are
found in certain Articles of the Revised Penal Code or are developed by
jurisprudence. It is where the act committed is a crime, but for some reason of
public policy and sentiment, there is not penalty imposed.
Examples:
1. spontaneous desistance in Article 6
2. no available transportation – officer not liable for arbitrary detention
3. death or physical injuries inflicted under exceptional circumstance
4. Those recognized and developed by jurisprudence include: mistake of fact,
set-up/frame up, instigation
MITIGATING
CIRCUMSTANCES
Those which when present results either to: (i) the penalty being reduced by at

least one degree or (ii) the penalty shall be imposed in its minimum period.
They are those enumerated in Article 13.
A. INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCE

Those mentioned in the preceding chapter (Justifying/Exempting circumstances), when all

the requisites necessary to justify or to exempt from criminal liability in the respective cases
are not attendant.

NOTES:
It is considered a privileged mitigating circumstance, provided, majority of the
elements required to justify or exempt are present.
But in the case of “incomplete self-defense, defense of relatives, and defense of a stranger,”
unlawful aggression must be present, it being an indispensable requisite.
B. MINOR ABOVE 15 BUT BELOW 18 WHO ACTED WITH
DISCERNMENT

This is considered as a privileged mitigating circumstance as per RA 9344

C. PRAETER INTENTIONEM

That the offender had no intention to commit so grave a wrong as that committed.

NOTES:
Not applicable to felonies by negligence.
Not applicable to felonies where intention is immaterial.
 Not appreciated in murder qualified by treachery (Reyes).
D. SUFFICIENT PROVOCATION/THREAT

That sufficient provocation or threat on the part of the offended party immediately preceded the act.
*PROVOCATION is understood as any unjust or improper conduct or act of the offended party,
capable of exciting, inciting, or irritating any one.

REQUISITES:
1. The provocation must be sufficient.
*Sufficient means adequate to excite a person to commit the wrong and must accordingly be
proportionate to its gravity (People vs. Nabora, 73 Phil 434, 435)

2. It must originate from the offended party.

3. The provocation must be personal and directed at the accused.
4. The provocation must be immediate to the commission of the crime by the person who is
provoked.
E. IMMEDIATE VINDICATION OF RELATIVES OR HIMSELF or VINDICATION OF
GRAVE OFFENSE

That the act was committed in the immediate vindication of a grave offense to the one
committing the felony (delito), his spouse, ascendants, or relatives by affinity within the
same degrees.

REQUISITES:
(1) That there must be a grave offense done to the one committing the felony; his spouse;
ascendants; descendants; legitimate, natural or adopted brothers
or sisters or relatives by affinity within the same degrees.
(2) That the felony is committed in immediate vindication of such grave offense.
E. IMMEDIATE VINDICATION OF RELATIVES OR HIMSELF or VINDICATION OF
GRAVE OFFENSE

NOTES:
 To determine whether the personal offense is grave, the following must be
considered:
(1) Social standing of the person
(2) Time when the insult was made
(3) Place where the insult was made
(4) Sometimes, even the age is considered
F. PASSION AND OBFUSCATION

That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.

ELEMENTS:
(1) The accused acted upon an impulse.
(2) The impulse must be so powerful that it naturally produced passion or obfuscation.

REQUISITES:
(1) That here be an act, both unlawful and sufficient to produce such a condition of mind
(2) That said act which produced the obfuscation was not far removed from the commission of the
crime by a considerable length of time, during which the perpetrator might recover his normal
equanimity.
(3) The act causing such obfuscation was committed by the victim himself.
F. PASSION AND OBFUSCATION

NOTE:
The passion or obfuscation should arise from lawful sentiments in order to be mitigating.
 May lawfully arise from causes existing only in the honest belief of the offender.
Passion or Obfuscation is NOT mitigating when committed:
(1) In the spirit of lawlessness
(2) In the spirit of revenge
Passion or obfuscation cannot CO-EXIST with:
(1) Vindication of grave offense
(2) Treachery
G. VOLUNTARY SURRENDER OR CONFESSION OF GUILT

REQUISITES OF VOLUNTARY SURRENDER:

(1) That the offender had not been actually arrested
(2) That the offender surrendered himself to a person in authority or to the latter’s agents
> Person in authority is one directly vested with jurisdiction which is the power to govern
and execute the laws, whether as an individual or as a member of some court or governmental corporation,
board or commission.
> Agent of a person in authority is one who by direct provision of the law or by election, or
by appointment by competent authority is charged with the maintenance of public order, and the protection
and security of life and property, and any person who comes to the aid of persons in authority (Art 152 as
amended by RA 1978).
(3) That the surrender was voluntary.
A surrender to be voluntary must be spontaneous, showing the intent of the accused to
submit himself unconditionally to the authorities, either because:
(1) He acknowledges his guilt.
(2) He wishes to save them the trouble and expense necessarily incurred in the search and
capture.
G. VOLUNTARY SURRENDER OR CONFESSION OF GUILT

REQUISITES OF CONFESSION OF GUILT

(1) That the offender spontaneously confessed his guilt.
(2) That the confession of guilt was made in open court, that is, before the competent court
that is to try the case.
(3) That the confession of guilt was made prior to the presentation of evidence for the
prosecution.
H. PHYSICAL DEFECT OF THE OFFENDER

That the offender is deaf and dumb, blind or otherwise suffering some physical
defect which thus restricts his means of action, defense, or communications
with his fellow beings.

NOTE:
> The physical defect must relate to the offense committed. E.g. blindness does
not mitigate estafa
I. ILLNESS OF THE OFFENDER

Such illness of the offender as would diminish the exercise of the will-power of
the offender without however depriving him of the consciousness of his acts.

REQUISITES:
(1) That the illness of the offender must diminish the exercise of his willpower.
(2) That such illness should not deprive the offender of consciousness of his
acts.
> Includes illness of the mind not amounting to insanity.
J. ANALOGOUS CIRCUMSTANCES

Other circumstances of a similar nature and analogous to those

above mentioned.
EXAMPLES:
(1) Impulse of jealousy, similar to passion and obfuscation.
(2) Testifying for the prosecution, analogous to plea of guilty.
(3) Over 60 years old will failing sight, similar to over 70 years of
age under par 2.
 EXTENUATING
CIRCUMSTANCES
Those which have the same effect as mitigating circumstances but
are not among those enumerated in Article 13 but are provided for
in certain articles of the RPC and apply only to certain felonies.
They are called “Special Mitigating Circumstances”.
 Examples: Abandonment in case of adultery; Release of the victim
within 3 days with the purpose not attained, in the felony of Slight
Illegal Detention
 AGGRAVATING
 CIRCUMSTANCES
Those which when present will result either to: (i) a change in the nature of the
offense as to make it more serious and result to the imposition of a higher penalty (ii)
the penalty being imposed in its maximum period.
 Kinds:
a) Generic – generally applicable to all crimes

b) Specific – apply only to specific crimes (ignominy – for chastity crimes;

treachery – for persons crimes)

c) Qualifying – those that change the nature of the crime (evident premeditation
– becomes murder)

d) Inherent – necessarily accompanies the commission of the crime (evident

premeditation in theft, estafa)
A. That advantage be taken by the offender of his public position.

B. That the crime be committed in contempt or with insult to the public

authorities.

REQUISITES:
1. That the public authority I engaged in the exercise of his functions
2. That the public authority is not the person against whom th crime is committed
3. The offender knows him to be a public authority
4. His presence has not prevented the offender from committing the criminal act
C. That the act be committed with insult or in disregard of the respect due the offended
party on account of his rank, age, or sex, or that is be committed in the dwelling of the
offended party, if the latter has not given provocation.
D. That the act be committed with abuse of confidence or obvious ungratefulness.

1. Abuse of confidence
 That the offended party had trusted the offender
 That the offender BUSED THE confidence of the offended party
 That the abuse of confidence facilitated the commission of the crime
2. Obvious ungratefulness
 That the offended party had trusted the offender
 Abused such trust by committing a crime against the offended party
 That the act be committed with obvious ungratefulness
E. That the crime be committed in the palace of the Chief Executive or in his presence, or
where public authorities are engaged in the discharge of their duties, or in a place dedicated
to religious worship.

F. That the crime be committed in the night time, or in an uninhabited place, or by a band,
whenever such circumstances may facilitate the commission of the offense.
Whenever more than three armed malefactors shall have acted together in the commission
of an offense, it shall be deemed to have been committed by a band.
This is considered in the following:
 When it facilitated the commission of the crime
 When especially sought for by the offender to insure the commission of the crime or for the purpose
of impunity
 When the offender took advantage thereof for the purpose of impunity
G. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune.
H. That the crime be committed with the aid of armed men or persons who insure or afford
impunity.

This is considered when:

1. that the men or persons took part in the commission, directly or indirectly
2. that the accuser availed himself of their aid or relied upon them when the crime was
committed
I. That the accused is a recidivist.

*A recidivist is one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the same title of
this Code.
J. That the offender has been previously punished by an offense to which the law attaches an equal
or greater penalty or for two or more crimes to which it attaches a lighter penalty. (Reiteracion or
habituality)
K. That the crime be committed in consideration of a price, reward, or promise.
* Reward must be the primary reason or premordial motive for the commission of the crime
L. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel
or international damage thereto, derailment of a locomotive, or by the use of any other artifice
involving great waste and ruin.
M. That the act be committed with evident premeditation.
*Requisites:
 The time when the offender determined to commit the crime
 An act manifestly indicating that the culprit has clung to his determination

 A sufficient lapse of time between the determination and execution, to allow him to reflect
upon the consequences of his act and to allow his conscience to overcome the resolution of his
will
N. That the craft, fraud or disguise be employed.
 Craft – involves intellectual trickery and cunning on the part of the accused.
It is employed as a scheme in the execution of the crime (e.g. accused pretended to
be members of the constabulary, accused in order to perpetrate rape, used
chocolates containing drugs)
 Fraud –involves insidious words or machinations used to induce victim to act in a
manner which would enable the offender to carry out his design.
As distinguished from craft which involves acts done in order not to arouse the
suspicion of the victim, fraud involves a direct inducement through entrapping or
beguiling language or machinations

 Disguise – resorting to any device to conceal identity. Purpose of concealing identity is a

must.
 Distinction between Craft, Fraud, and Disguise

Craft Fraud Disguise

Involves the use of

intellectual trickery and Involves the use of direct Involves the use of
cunning to arouse inducement by insidious devise to conceal
suspicion of the victim words or machinations identity
O. That advantage be taken of superior strength, or means be employed to weaken the
defense.
P. That the act be committed with treachery (alevosia).
There is treachery when the offender commits any of the crimes against the
person, employing means, methods, or forms in the execution thereof which tend
directly and specially to insure its execution, without risk to himself arising from the
defense which the offended party might make.
REQUISITES:
 That at the time of the attack, the victim was not in a position to defend himself
 That the offender consciously adopted the particular means, method or form of
attack employed by him
Q. That means be employed or circumstances brought about which add ignominy to the
natural effects of the act.
R. That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance is effected by a way not intended for
the purpose.
S. That as a means to the commission of a crime a wall, roof, floor, door, or window be
broken.
T. That the crime be committed with the aid of persons under fifteen years of age or by
means of motor vehicles, airships, or other similar means.
U. That the Wrong done in the commission of the crime be deliberately augmented by causing other wrong not
necessary for its commission.

Cruelty: when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing him
unnecessary physical pain in the consummation of the criminal act. Cruelty cannot be presumed nor merely
inferred from the body of the deceased. Has to be proven.

Requisites:
1. that the injury caused be deliberately increased by causing other wrong
2. that the other wrong be unnecessary for the executon of the purpose of the offender

IGNOMINY CRUELTY

Moral suffering – subjected to humiliation Physical suffering

REFER TO CRIM LAW 1 NOTES
 ALTERNATIVE

CIRCUMSTANCES
those which may either be appreciated as mitigating or aggravating. They are
enumerated in Article 15 of the RPC.
 There are three alternative circumstances under the law:
1. Relationship
2. Intoxication
3. Degree of Instruction/Education
 RELATIONSHIP
Mitigating Circumstance Aggravating Circumstance

In crimes against persons – in cases where the

offender, or when the offender and the offended
party are relatives of the same level, as killing a
In crimes against property (robbery, brother, adopted brother or half-brother.
usurpation, fraudulent insolvency, arson) Always aggravating in crimes against chastity.
Exception: Art 332 of CC – no criminal liability,
civil liability only for the crimes of theft,
swindling or malicious mischief committed or
caused mutually by spouses, ascendants,
descendants or relatives by affinity (also
brothers, sisters, brothers-in-law or sisters-in-
law if living together). It becomes an
EXEMPTING circumstance.
 INTOXICATION

AGGRAVATING
MITIGATING CIRCUMSTANCE CIRCUMSTANCE

a) if intoxication is habitual – such

a) if intoxication is not habitual habit must be actual and confirmed
b) if intoxication is not subsequent b) if its intentional (subsequent to the
to the plan to commit a felony plan to commit a felony)
 DEGREE OF INSTRUCTION AND
EDUCATION
MITIGATING AGGRAVATING
CIRCUMSTANCE CIRCUMSTANCE

Low degree of instruction

education or the lack of it.
Because he does not fully realize High degree of instruction and
the consequences of his criminal education – offender avails himself
act. Not just mere illiteracy but of his learning in committing the
lack of intelligence. offense.
 WHO ARE CRIMINALLY
LIABLE?
Article 16. Who are criminally liable. - The following are criminally liable for
grave and less grave felonies:
 1. Principals.
 2. Accomplices.
 3. Accessories.

The following are criminally liable for light felonies:

 1. Principals
 2. Accomplices.
 PRINCIPALS
Article 17. Principals. - The following are considered principals:
1. Those who take a direct part in the execution of the act;
(PRINCIPAL BY DIRECT PARTICIPATION)
2. Those who directly force or induce others to commit it;
(PRINCIPAL BY INDUCEMENT)
3. Those who cooperate in the commission of the offense by
another act without which it would not have been accomplished.
(PRINCIPAL BY INDISPENSABLE COOPERATION)
 ACCOMPLICES
Article 18. Accomplices. - Accomplices are those persons who, not
being included in Article 17, cooperate in the execution of the
offense by previous or simultaneous acts.
 ACCESSORIES
Article 19. Accessories. - Accessories are those who, having knowledge of the commission of
the crime, and without having participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in
order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided
the accessory acts with abuse of his public functions or whenever the author of the crime is
guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is
known to be habitually guilty of some other crime.
 ACCESSORIES EXEMPT FROM
CRIMINAL LIABILITY
Article 20. Accessories who are exempt from criminal liability. - The
penalties prescribed for accessories shall not be imposed upon those
who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single exception of
accessories falling within the provisions of paragraph 1 of the next
preceding articlE
PENALTIES
Penalty – is that suffering that is inflicted by the State for the transgression
of the law.

Judicial conditions of penalty:

1. Must be productive of suffering, without however affecting the
integrity of the human personality;
2. Must be commensurate with the offense – different crimes must be
punished with different penalties;
3. Must be personal – no one should be punished for the crime of another;
4. Must be legal – it is the consequence of a judgment according to law;
5. Must be certain – no one may escape its effects;
6. Must be equal for all;
7. Must be correctional.
Theories of penalty:
a) Prevention – the State must punish the criminal to prevent or suppress the danger to
the State arising from the criminal acts of the offender.
b) Self-defense – the State has the right to punish as a measure of self-defense so as to
protect society from the threat and wrong inflicted by the criminal.
c) Reformation – the object of punishment in criminal cases is to correct and reform the
offender.
d) Exemplarity – the criminal is punished to serve as an example to deter others from
committing crimes.
e) Justice – that crime must be punished by the State as an act of retributive justice, a
vindication of absolute right and moral law violated by the criminal. Subsidiary penalty
for a crime cannot be imposed, if it was “not prescribed by law prior to its commission”
CLASSIFICATION OF PENALTIES (ART 25)
Capital punishment:
Death.

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

Correctional penalties:
Prision correccional,
Arresto mayor, Suspension,
Destierro.
 CLASSIFICATION OF PENALTIES
Light penalties:
Arresto menor,
Public censure.

Penalties common to the three preceding classes:

Fine, and Bond to keep the peace.

Accessory Penalties
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for, the profession
or calling.
Civil interdiction, Indemnification, Forfeiture or confiscation of instruments and
proceeds of the offense, Payment of costs.
 FINE
Art. 26. When afflictive, correctional, or light penalty. –

A fine, whether imposed as a single or as an alternative penalty, shall be

considered an afflictive penalty, if it exceeds One million two hundred thousand
(₱1,200,000); a correctional penalty, if it does not exceed One million two
hundred thousand pesos (₱1,200,000) but is not less than Forty thousand pesos
(₱40,000); and a light penalty, if it be less than Forty thousand pesos (₱40,000)."
PRINCIPAL AND ACCESSORY
PENALTY
Principal Penalties – those expressly imposed by the court in the judgment of
conviction.
Principal Penalties, Classification:
1. Divisible (fixed periods) a. Maximum b. Medium c. Minimum
2. Indivisible
a. Death
b. Reclusion perpetua
c. Perpetual absolute or special disqualification
d. Public censure

Accessory Penalties – those that are deemed included in the imposition of the principal
penalties.
 PENALTY DURATION
Reclusion perpetua 20years + 1day up to 40years

Reclusion temporal 12years + 1day up to 20years

Prision mayor; Temporary disqualification 6years + 1day up to 12years; except when

disqualification is an accessory penalty, in which case its duration is that of the principal penalty

Prision correccional, suspension and destierro 6months + 1day up to 6years; except when
suspension is an accessory penalty, in which case its duration is that of the principal penalty

Arresto mayor 1month + 1day up to 6months

Arresto menor 1day to 30 days

Bond to keep the peace

 DESTIERRO
When Destierro is imposed?
• Serious physical injuries or death under exceptional circumstances (Art.247)

• Failure to give bond for good behavior (Art.284)

• Penalty for concubine in concubinage (Art.334)

• In case where after reducing penalty by one or more degrees, destierro is the
proper penalty. Bond for good behavior (Art.284) is required of a person making
grave or light threat, is not required to be given in cases involving other crimes.
 CIVIL INTERDICTION
Civil interdiction shall cause the following effects:

• Deprivation of the rights of parental authority or guardianship of any ward;

• Deprivation of marital authority;

• Deprivation of right to manage his property and the right to dispose such
property by any act or any conveyance inter vivos (or donation made during
lifetime).
 PARDON
 Art. 36. Pardon; its effect. — A pardon shall not work the
restoration of the right to hold public office, or the right of suffrage,
unless such rights be expressly restored by the terms of the pardon.
A pardon shall in no case exempt the culprit from the payment of
the civil indemnity imposed upon him by the sentence. Pardon may
be granted only after conviction by final judgment. If it is granted
in general terms, it does not include accessory penalty.
 SUBSIDIARY PENALTY
If the convict has no property with which to meet the fine mentioned in
paragraph 3 of the next preceding article, he shall be subject to a subsidiary
personal liability at the rate of one day for each amount equivalent to the
highest minimum wage prevailing in the Philippines at the time of rendition
of judgment of conviction by the trial courtS.

If financial circumstances of the convict should improve, he should still

pay the fine, notwithstanding the fact that the convict suffered subsidiary
personal liability therefor.
 COMPLEX CRIMES
Art. 48. Penalty for complex crimes. — When a single act constitutes two or more grave
or less grave felonies, or when an offense is a necessary means for committing the other,
the penalty for the most serious crime shall be imposed, the same to be applied in its
maximum period. A complex crime is only one crime.

Kinds of complex crimes:

1. When a single act constitutes two or more grave or less grave felonies. (compound
crime or delito compuesto)
2. When an offense is a necessary means for committing the other. (complex crime
proper or delito complejo)
ORDINARY COMPLEX CRIMES
VS. SPECIAL COMPLEX CRIME
Ordinary Complex Crime Special Complex Crime

Composed of 2 or more crimes Made up of 2 or more crimes which

punished in different provisions of are considered as components of a
the Revised Penal Code single indivisible offense

Penalty imposable is the most Penalty imposable is specifically

serious crime in its maximum provided by law
period
 PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE CRIME COMMITTED IS

DIFFERENT FROM THAT INTENDED

 Art. 49. Penalty to be imposed upon the principals when the crime committed is different from that
intended. — In cases in which the felony committed is different from that which the offender intended
to commit, the following rules shall be observed:
1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense
which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its
maximum period.
2. If the penalty prescribed for the felony committed be lower than that corresponding to the one
which the accused intended to commit, the penalty for the former shall be imposed in its maximum
period.
3. The rule established by the next preceding paragraph shall not be applicable if the acts committed
by the guilty person shall also constitute an attempt or 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.
 This applies in ERROR IN PERSONNAE
DIMINUTION OF DEGREES OF
PENALTY
 Penalty to be imposed upon
the principal in an Penalty to be imposed upon
Penalty to be imposed upon
attempted crime, the the accessory in a Penalty to be imposed upon
Penalty Prescribe for the the principal in a frustrated
accessory in the frustrated crime, and the the accessory in an
crime crime, and accomplice in a
consummated crime and accomplices in an attempted crime
consummated crime
the accomplices in a attempted crime
frustrated crime.

First Case Death Reclusion Perpetua Reclusion Temporal Prision Mayor Prision Correccional

Second Case Reclusion Perpetua to Death Reclusion Temporal Prision Mayor Prision Correccional Arresto Mayor

Prision Mayor in its Arresto Mayor in it's

Prision correccional in its Fine and Arresto Mayor in its
Reclusion Temporal in its maximum period to reclusion maximum period to prision
Third Case maximum period to prision minimum and medium
maximum period to death temporal in its medium correccional in its medium
mayor in its medium period periods
period period

Prision Mayor in its Arresto mayor in its

Prision correccional in its Fine and Arresto Mayor in its
maximum period to reclusion maximum period to prision
Fourth Case maximum period to prision minimum and medium Fine.
temporal in its medium correccional in its medium
mayor in its medium period. periods
period. period.
EFFECT OF ATTENDANCE OF
AGGRAVATING AND
MITIGATING
CIRCUMSTANCES
Article 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency. - Mitigating or
aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the
penalty in conformity with the following rules:
1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by
the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing
the penalty.
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 commission thereof.
3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations
with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the
principals, accomplices and accessories as to whom such circumstances are attendant.
4. The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall
serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of
the act or their cooperation therein.
 EFFECT OF HABITUAL
DELINQUENCY
5. Habitual delinquency shall have the following effects:
(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of
which he be found guilty and to the additional penalty of prision correccional in its medium and maximum
periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which
he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime
of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion
temporal in its minimum period.

Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in
conformity herewith, shall in no case exceed 30 years.
For the purpose of this article, a person shall be deemed to be habitual delinquent, is within a period of ten years from
the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or
falsification, he is found guilty of any of said crimes a third time or oftener.
PENALTIES WITH 3 PERIODS
Article 64. Rules for the application of penalties which contain three periods. - In cases in which the
penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed of
three different penalties, each one of which forms a period in accordance with the provisions of Articles 76
and 77, the court shall observe for the application of the penalty the following rules, according to whether
there are or are not mitigating or aggravating circumstances:
1. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty
prescribed by law in its medium period.
2. When only a mitigating circumstances is present in the commission of the act, they shall impose the
penalty in its minimum period.
3. When an aggravating circumstance is present in the commission of the act, they shall impose the
penalty in its maximum period.
PENALTIES WITH 3 PERIODS
4. When both mitigating and aggravating circumstances are present, the court shall reasonably offset
those of one class against the other according to their relative weight.
5. When there are two or more mitigating circumstances and no aggravating circumstances are present,
the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem
applicable, according to the number and nature of such circumstances.
6. Whatever may be the number and nature of the aggravating circumstances, the courts shall not
impose a greater penalty than that prescribed by law, in its maximum period.
7. Within the limits of each period, the court shall determine the extent of the penalty according to the
number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of
the evil produced by the crime.
OUTLINE OF THE RULES:
1. No aggravating and no mitigating – medium period.
2. Only mitigating – minimum period.
3. Only an aggravating – maximum period.
4. Offsetting of mitigating and aggravating circumstances.
5. When there are 2 mitigating and no aggravating, next lower penalty applies. Courts cannot lower the
penalty by a degree if with aggravating circumstance.
6. Courts cannot impose a greater penalty than prescribed by law in its maximum period; no matter how
many aggravating circumstance are present.
 FIXING THE FINE
Art. 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.

Outline of this rule:

1. The courts can fix any amount of the fine within the limits established by law.
2. The court must consider: a. Mitigating and aggravating circumstance; and, b. More
particularly, the wealth or means of the culprit.
SUCCESSIVE SERVICE OF
SENTENCE
Article 70. Successive service of sentence. - When the culprit has to serve two or more penalties,
he shall serve them simultaneously if the nature of the penalties will so permit otherwise, the
following rules shall be observed:
In the imposition of the penalties, the order of their respective severity shall be followed so that
they may be executed successively or as nearly as may be possible, should a pardon have been
granted as to the penalty or penalties first imposed, or should they have been served out.
THE THREE-FOLD RULE
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).
THE THREE-FOLD RULE
The Three-Fold Rule*
1. Maximum duration of the convict’s sentence: 3 times the most severe penalty
imposed
2. Maximum duration: shall not exceed 40 years 3. Subsidiary imprisonment:
This shall be excluded in computing for the maximum duration. *The three-fold
rule shall apply only when the convict is to serve 4 or more sentences
successively.
 GRADUATED SCALE
Article 71. Graduated scales. - In the case in which the law prescribed a penalty lower or higher by one or
more degrees than another given penalty, the rules prescribed in Article 61 shall be observed in graduating
such penalty.
The lower or higher penalty shall be taken from the graduated scale in which is comprised the given
penalty.
The courts, in applying such lower or higher penalty, shall observe the following graduated scales:
SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
 GRADUATED SCALE
6. Arresto mayor,
7. 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.
• Destierro shall be imposed in the ff cases:
a) death or serious physical injuries is caused or are inflicted under exceptional circumstance
b) person fails to give bond for good behavior
c) concubine’s penalty for the crime of concubinage
d) lowering the penalty by degrees
 GRADUATED SCALE
8. Arresto menor,
9. Public censure,
10. Fine.
SCALE NO. 2
1. Perpetual absolute disqualification,
2. Temporal absolute disqualification
3. Suspension from public office, the right to vote and be voted for, the right to follow a profession
or calling,
4. Public censure,
5. Fine.
 TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME
INCLUDED IN EACH OF THEIR PERIODS
Penalties Time Time Time Time

included in the penalty in its

included in its minimum period included in its medium period included in its maximum
entirety

From 12 years and 1 day to 20 From 12 years and 1 day to 14 From 14 years, 8 months and 1 day From 17 years, 4 months and 1 day
Reclusion temporal
years. years and 8 months. to 17 years and 4 months. to 20 years.

Prision mayor, absolute

From 6 years and 1 day to 12 From 8 years and 1 day to 10 From 10 years and 1 day to 12
disqualification and special From 6 years and 1 day to 8 years.
years. years. years.
temporary disqualification

Prision correccional, suspension From 6 months and 1 day to 6 From 6 months and 1 day to 2 From 2 years, 4 months and 1 day From 4 years, 2 months and 1 day
and destierro years. years and 4 months. to 4 years and 2 months. to 6 years.

From 1 month and 1 day to From 2 months and 1 day to 4 From 4 months and 1 day to 6
Arresto mayor From 1 to 2 months.
months. months. months.

Arresto menor From 1 to 30 days. From 1 to 10 days. From 11 to 20 days. From 21 to 30 days.
 EXECUTION OF PENALTY
 Only penalties by final judgment can be executed

* A judgment becomes final and executory by operation of law.

* It becomes final in the following instances:
a. lapse of the period of appeal when no appeal was made
b. express waiver of the right to appeal
c. service of sentence
d. application for probation
 As for subsidiary liability, it has to be expressly stated in the judgment
EXTINGUISHMENT OF
CRIMINAL LIABILITY
Art. 89. How criminal liability is totally extinguished. —
Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability
therefor is extinguished only when the death of the offender occurs before final judgment.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article 344 of this Code.
EXTINGUISHMENT OF
CRIMINAL LIABILITY
NOTES:
1. Extinction of criminal liability does not automatically extinguish civil
liability.
2. Criminal and civil liability is extinguished only when the offender dies before
final judgment.
3. Death of the offended party does not extinguish criminal liability because the
offense is committed against the State.
 AMNESTY
Amnesty – an act of the sovereign power granting oblivion
or a general pardon for past offense.
 PARDON
Pardon – an act of grace proceeding from the power entrusted with
the execution of the laws which exempts the individual on whom it is
bestowed from the punishment the law inflicts for the crime he has
committed.
 PRESCRIPTION OF CRIME
 Prescription of the crime – is the forfeiture or loss of the right of the State to prosecute the offender after the lapse of a
certain time.

Art. 90. Prescription of crime. —

Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years. Crimes
punishable by other afflictive penalties shall prescribe in fifteen years.
Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable
by arresto mayor, which shall prescribe in five years.
The crime of libel or other similar offenses shall prescribe in one year.
The crime of oral defamation and slander by deed shall prescribe in six months.
Light offenses prescribe in two months.

When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the
application of the rules contained in the first, second and third paragraphs of this article.
 COMPUTATION
1. Period of prescription shall run from the day the crime is
discovered by the offended party, the authorities or their agents.
2. It is interrupted by filing o the complaint or information.
3. It commences again when such proceedings terminate without the
accused being convicted or acquitted or are unjustifiably stopped for
any reason not imputable to him.
4. The term of prescription shall not run when the offender is absent
from the Philippines.
PRESCRIPTION OF PENALTY
Prescription of the penalty – is the loss or forfeiture of the Government to execute the
final sentence after the lapse of a certain time.
Art. 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.
INTERRUPTION OF THE
PERIOD
If the defendant surrenders
 If he is captured
 If he should go into a foreign country with which the Philippines has no extradition treaty
Presently the Philippines has an extradition treaty with Taiwan, Indonesia, Canada,
Australia, USA and Switzerland
 If he should commit another crime before the expiration of the period of prescription
The moment the convict commits another crime while he is fugitive from justice,
prescriptive period of the penalty shall be suspended and shall not run in the
meantime. The crime committed does not include the initial evasion of service of
sentence that the convict must perform before the penalty shall begin to prescribe, so
that the initial crime of evasion of service of sentence does not suspend the
prescription of penalty, it is the commission of other crime, after the convict has
evaded the service of penalty that will suspend such period.
Acceptance of a conditional pardon
PARTIAL EXTINCTION OF
CRIMINAL LIABILITY
Art. 94. Partial Extinction of criminal liability. —
Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while
he is serving his sentence.
CONDITIONAL PARDON
NOTES:
Conditional pardon – contract between the sovereign power of the executive
and the convict
• Convict shall not violate any of the penal laws of the Philippines
• Violation of conditions:
 Offender is re-arrested and re-incarcerated
 Prosecution under Art. 159
COMMUTATION
Commutation – change in the decision of the court by the chief regarding the
(1) degree of the penalty;
(2) by decreasing the length of the imprisonment or fine

Commutation allowed when:

a) person over 70 yrs old
b) 10 justices fail to reach a decision affirming the death penalty

 Consent not necessary in commutation

PAROLE
 Parole – consists in the suspension of the sentence of a convict after serving
the minimum term of the indeterminate penalty, without granting pardon,
prescribing the terms upon which the sentence shall be suspended. In case his
parole conditions are not observed, a convict may be returned to the custody
and continue to serve his sentence without deducting the time that elapsed.
 ALLOWANCE FOR GOOD
CONDUCT
ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for credit for preventive
imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal institution,
rehabilitation or detention center or any other local jail shall entitle him to the following deductions from the
period of his sentence:
"1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month
of good behavior during detention;
"2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of twenty-
three days for each month of good behavior during detention;
"3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a
deduction of twenty-five days for each month of good behavior during detention;
"4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty
days for each month of good behavior during detention; and
"5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in
addition to numbers one to four hereof, for each month of study, teaching or mentoring service time rendered.
"An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct."
SPECIAL TIME ALLOWANCE
FOR LOYALTY
ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of his
sentence shall be granted to any prisoner who, having evaded his preventive
imprisonment or the service of his sentence under the circumstances mentioned in Article
158 of this Code, gives himself up to the authorities within 48 hours following the issuance
of a proclamation announcing the passing away of the calamity or catastrophe referred to
in said article. A deduction of two-fifths of the period of his sentence shall be granted in
case said prisoner chose to stay in the place of his confinement notwithstanding the
existence of a calamity or catastrophe enumerated in Article 158 of this Code.
"This Article shall apply to any prisoner whether undergoing preventive imprisonment or
serving sentence."
CIVIL LIABILITY
Art. 100. Civil liability of a person guilty of felony. — Every person criminally liable for a
felony is also civilly liable.

• Civil liability gives a person rights to obtain redress from another person e.g. the ability
to sue for damages for personal injury.

Art. 104. What is included in civil liability. — The civil liability established in Articles 100,
101, 102, and 103 of this Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.
 RESTITUTION
Art. 105. Restitution. — How made. —
The restitution of the thing itself must be made whenever possible, with allowance for
any deterioration, or diminution of value as determined by the court. The thing itself
shall be restored, even though it be found in the possession of a third person who has
acquired it by lawful means, saving to the latter his action against the proper person,
who may be liable to him.
This provision is not applicable in cases in which the thing has been acquired by the
third person in the manner and under the requirements which, by law, bar an action
for its recovery.

 REPARATION
Art. 106. Reparation. — How made. — The court shall determine the amount of
damage, taking into consideration the price of the thing, whenever possible, and its
special sentimental value to the injured party, and reparation shall be made
accordingly.
 Notes:
• Reparation will be ordered by the court if restitution is not possible
• Reparation shall be a) the price of the thing b) its sentimental value

 INDEMNIFICATION

Art. 107. Indemnification — What is included. — Indemnification for consequential

damages shall include not only those caused the injured party, but also those suffered
by his family or by a third person by reason of the crime.

• Indemnity refers to crimes against persons; reparation to crimes against property

Indemnification of consequential damages refers to the loss of earnings, loss of profits. This
does not refer only to consequential damages suffered by the offended party; this also
includes consequential damages to third party who also suffer because of the commission of
the crime.
EXAMPLE
• Restitution – in theft, the culprit is duty bound to return the property stolen
• Reparation – in case of inability to return the property stolen, the culprit must pay the value
of the property stolen. • In case of physical injuries, the reparation of the damage cause would
consist in the payment of hospital bills and doctor’s fees to the offended party
• Indemnification – the lost of salary or earnings

First remedy granted by law is no. 1, in case this is not possible no. 2.
• In either case, no. 3 may be required
THANK YOU AND GODBLESS!