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vessel is within jurisdiction in which case such

Criminal Law Reviewer (Art. foreign country will never lose jurisdiction over
1-113) such vessel.

American Rule / Anglo-Saxon Rule


Criminal Law – is that branch of public This rule strictly enforces the territoriality of
substantive law which defines offenses and criminal law. The law of the foreign country
prescribes their penalties. It is also that branch where a foreign vessel is within its jurisdiction is
of municipal law, which defines crimes, treats strictly applied, except if the crime affects only
of their nature and provides for their the internal management of the vessel in which
punishment. case it is subject to the penal law of the country
where it is registered.
3 Characteristics of Criminal Law:
°Nullum crimen, nulla poena sine lege” –
1) Generality - means that the criminal There is no crime when there is no law punishing
law of the country governs all persons the same.
within the country regardless of their - This is true to civil law
race, belief, sex, or creed. However, it countries, but not to common
is subject to certain exceptions brought law countries.
about by international agreement. - No matter how wrongful, evil
Ambassadors, chiefs of states and other or bad the act is, if there is no
diplomatic officials are immune from law defining the act, the same
the application of penal laws when is not considered a crime.
they are in the country where they are - Common law crimes are
assigned. (Hindi kasama dito ang wrongful acts which the
diplomats, etc.) community/society condemns
2) Territoriality - means that the penal as contemptible, even though
laws of the country have force and there is no law declaring the
effect only within its territory. It act criminal.
cannot penalize crimes committed - Not any law punishing an act
outside the same. This is subject to or omission may be valid as a
certain exceptions brought about by criminal law. If the law
international agreements and practice. punishing an act is ambiguous,
The territory of the country is not it is null and void.
limited to the land where its
sovereignty resides but includes also its “Actus non facit reum, nisi mens sit rea” –
maritime and interior waters as well as The act cannot be criminal where the mind is
its atmosphere. (kasama lahat dito!) not criminal.
- Terrestrial: jurisdiction - This is true to a felony
exercised over the land characterized by dolo, but not
- Fluvial: jurisdiction over a felony resulting from culpa.
maritime and interior waters - This maxim is not an absolute
(3-5 nautical miles from the one because it is not applied
shore, sakop pa rin natin) to culpable felonies, or those
- Aerial: jurisdiction over the that result from negligence.
atmosphere (airspace natin)
“Mens Rea” – in layman’s terms: “bulls-eye” of
3) Prospectivity - Acts or omissions will a crime. Synonymous with criminal or deliberate
only be subject to a penal law if they intent, but that is not correct. It still depends
are committed after a penal law had on the elements of the crime. You can only
already taken effect. Vice-versa, this detect the mens rea of a crime by knowing the
act or omission which has been particular crime committed. Without reference
committed before the effectivity of a to a particular crime, this term is meaningless.
penal law could not be penalized by Ex. In theft, mens rea is taking the property
such penal law because penal laws with intent to gain. In falsification, mens rea, is
operate only prospectively. the effect of the forgery with intent to pervert
the truth.
French Rule
The French Rule provides that the nationality of Mala in se:
the vessel follows the flag which the vessel
flies, unless the crime committed endangers the
national security of a foreign country where the
- Which literally means, that Dolo, has criminal intent, and culpa has
the act is inherently evil or criminal negligence.
bad or per se wrongful.
- These are punishable by our Criminal Intent has 2 categories:
RPC. 1) General Criminal Intent: presumed
- The intent is crucial. from the mere doing of a wrong act.
This does not require proof.
Mala prohibita(um):
- These are violations of special
2) Special Criminal Intent: not presumed
laws. because it is an ingredient or element
- Example is possession of drugs of a crime, like intent to kill in the
crimes of attempted or frustrated
(punishable by Special Laws),
homicide /parricide /murder. The
ito yung kahit hindi mo
prosecution has the burden of proving
gagamitin or ibebenta, the
the same.
mere fact na nasa pagmamay-
ari mo ito, bawal pa rin!
May a crime be committed without criminal
intent?
Felony: these are acts or omissions as defined
Yes. It is not necessary between these areas:
by Article 3 of the RPC. They may be
1) When the crime was committed was a
differentiated by dolo (deceit) which is
product of culpa or negligence, reckless
intentional, and culpa (fault) which is
imprudence, lack of foresight or skill;
imprudence, negligence, lack of skill or
2) When the crime is a prohibited act
foresight.
under a special law or what is called
mala prohibita(um)
Offense: are crimes punished under a special
law is called as statutory offense.
Distinction between intent and discernment:
Intent is the determination to do a certain
Misdemeanor: a minor infraction of the law,
thing, an aim or purpose of the mind. On the
such as a violation of an ordinance, is referred
other hand, discernment is the mental capacity
to as a misdemeanor.
to tell right from wrong.
Crime: whether the wrongdoing is punished
Distinction between intent and motive:
under the Revised Penal Code or under a special
Intent is demonstrated by the use of a particular
law, the generic word crime can be used.
means to bring about a desired result – it is not
a state of mind or a reason for committing a
Mistake of Fact:
crime. On the other hand, motive implies
When the offender acted out of a mistake of
motion. It is the moving power which impels
fact, criminal intent is negated, so do not
one to do an act.
presume that the act was done with criminal
intent. This is absolutory if crime involved dolo.
Distinction between negligence and
imprudence:
Dolo has three requisites:
(1) In negligence, there is deficiency of
action;
1) Criminal Intent
2) Freedom of action
(2) In imprudence, there is
3) Intelligence
deficiency of perception.
Culpa has three requisites as well:
Criminal Liability:
This shall be incurred upon the person on the
1) criminal negligence on the part of the
act of a crime (gumawa ng krimen), whether:
offender , that is, the crime was the
result of negligence, reckless
Error in personae – mistake in identity (wrong
imprudence, lack of foresight or lack of
person) Ex. A wanted to kill B, but kill C
skill;
instead, this is considered as mistake in
2) freedom of action on the part of the
identity.
offender, that is, he was not acting
Abberatio ictus – mistake in blow (wrong shot;
under duress; and
bullet went the other way etc.) Ex. A shot B,
3) Intelligence on the part of the offender
but instead, the bullet ricocheted (bounced off)
in performing the negligent act.
from the wall and hit C. (best example from CSI:
Las Vegas where a guy in avoiding an incoming
Distinction between Dolo and Culpa:
blow and someone got hit instead and that example from CSI: Miami, when a guy
fellow died of injuries to the head hours later.) was convicted of shooting a man, but
Praeter intentionem – where the consequence since there was no GSR (gunshot
exceeded the intention. Ex. A dropped a pail of residue) found on him, evidence
water on B’s head, his intention was just a joke showed otherwise, thus acquitting
and getting B wet. But instead of getting wet, B him.)
died due to hemorrhage to the skull suffered 2) Where the court finds the penalty
from the injuries. (another best example in CSI: prescribed for the crime too harsh
New York, where a sorority member inserted a considering the conditions surrounding
canister on an inhaler of a “sister sorority” to the commission of the crime, the judge
set the mood (the said canister was said to should impose the law. The most that
heighten sexual appetite) not knowing of her he could do is to recommend to the
previous condition (which was asthma) which Chief Executive to grant executive
collided and thus killing her instead of setting clemency. Ex. In the case of complex
mood, she died of orgasm.) crimes, although the punishment be
given be the highest level of
Proximate cause: punishment, they recommend to the
Article 4, Paragraph 1, presupposes that the act President that the prisoner be granted
done was a proximate cause. It must be: pardon or clemency (best example
1) Direct when Michael Scofield’s brother Linc
2) Natural was pardoned by the President)
3) Logical consequence of the felonious
act Stages in committing a felony:
As emphasized on Article 6, the following are
Impossible Crime: the stages:
Is an act which would be an offense against 1) Attempted – the crime was commenced
person or property were it not for the inherent first, but only injuries were sustained.
impossibility of its accomplishment or on 2) Frustrated – the crime that happened
account of the employment of inadequate or was in progress to 75% of the event,
ineffectual means. believing that the victim was already
Ex. A houseboy on the intention of raping his dead, the killer fled the scene not
beautiful master went upstairs unlocked the knowing that the victim still had a
door and proceeded to rape her without pulse and survived because the victim
knowing that she was dead to begin with. An was brought to the hospital where he
impossible crime was committed. was saved.
3) Consummated – total death for the
Article 4, Paragraph 1 – this refers to the victim killed or murdered.
wrongful act done constituted a felony,
although it might be different from what he • Note that there is no frustrated rape
intended. Ex. In saving D’s life from imminent only consummated, no matter how the
danger of being hit by an oncoming truck, A penetration happened, it was still
yanked him out and set him aside. Not realizing consummated.
that there were snakes or spikes where he • There is no frustrated robbery, only
shoved him thus resulting in his death. desistance, meaning the person about
Article 4, Paragraph 2 – this refers to a to rob the store was overcome by guilt
situation where the wrongful act did not and changed his mind later.
constitute any felony, but because the act • There is no frustrated or attempted
would have given rise to a crime against persons oral defamation, it is always in the
or against property, the same is penalized to consummated stage.
repress criminal tendencies to curtail their
frequency. Formal Crimes – are crimes which are
consummated in one instance.
Article 5 of the RPC covers two (2) instances:
1) The court cannot convict the accused The difference between attempted and
because the acts do not constitute a frustrated stage lies on whether the offender
crime. The proper judgment is has performed all the acts or execution for the
acquittal, but the court is mandated to accomplishment of the crime.
report to the Chief Executive that said
act be made subject of penal Literally, under the article 6, if the offender has
legislation and why. Ex. There is no performed all the acts of execution which
crime committed, thus resulting in the should produce the felony as a consequence but
person’s freedom/acquittal. (best
the felony was not realized, then the crime is Conspiracy and proposal to commit felon
already in the frustrated stage. If the offender For conspiracy to exist:
has not yet performed all the acts of execution –
there is yet something to be performed – but he 1) There is an agreement
was not able to perform all the acts of 2) The participants acted in concert or
execution due to some cause or accident other simultaneously which is indicative of a
than his own spontaneous desistance, then you meeting of the minds towards a
have an attempted felony. common criminal goal or criminal
objective. When several offenders act
Desistance: in a synchronized, coordinated manner,
On the part of the offender negates criminal the fact that their acts complimented
liability in the attempted stage. Desistance is each other is indicative of the meeting
true only in the attempted stage of the felony. of the minds. There is an implied
If under the definition of the felony, the act agreement.
done is already in the frustrated stage, no
amount of desistance will negate criminal Two (2) kinds of conspiracy:
liability. 1) Conspiracy as a crime – more of
national security (like coup d’etat)
Whether the felony is attempted, frustrated or 2) Conspiracy as a manner of incurring
consummated, here are the following criteria criminal liability – following an attack,
involved: the 2 offenders conspired to get back
1) The manner of committing the crime; at the person who attacked them thus
2) The elements of the crime; and resulting in his death.
3) The nature of the crime itself
Proposal to commit murder is not a crime. But
Manner of committing a crime if B accepts the proposal, there will be
Ex. Bribery. Can the crime of frustrated bribery conspiracy to commit murder which is a crime
be committed? No. under the Revised Penal Code.

It usually takes 2 to tango. Meaning there is a When the conspiracy is only a basis of incurring
principal and an accomplice. And 2 people to criminal liability, there must be an overt act
take part in the crime. As mentioned earlier done before the co-conspirators become
there is no such thing as frustrated rape. In criminally liable. When the conspiracy itself is a
rape, it requires the connection of the offender crime, this cannot be inferred or deduced
and the offended party. No penetration at all, because there is no overt act. All that there is
there is only an attempted stage. Slightest the agreement. On the other hand, if the co-
penetration or slightest connection, conspirator or any of them would execute an
consummated. You will notice this from the overt act, the crime would no longer be the
nature of the crime requiring two participants. conspiracy but the overt act itself.

On physical injuries Composite crimes – are crimes which, in


In order that in law, a deformity can be said to substance, consist of more than one crime but in
exist, three factors must concur: the eyes of the law, there is only one crime. Ex.
Crimes with robbery with rape, robbery with
(1) The injury should bring about the homicide, robbery with physical injuries.
ugliness;
Complex crimes – are crimes which in sum,
(2) The ugliness must be visible; consist of a mixture of two crimes, but the
penalty that will be imposed shall be the one
(3) The ugliness would not with the graver offense.
disappear through natural healing
process. Classifications of felonies:

Elements of a crime: 1) According to the manner of their


1) Element of intent to damage commission. Under Article 3, they are
2) The damage inflicted classified as, intentional felonies or
3) Intent to gain those committed with deliberate
intent; and culpable felonies or those
Nature of crime: resulting from negligence, reckless
1) Grave imprudence, lack of foresight or lack of
2) Light skill.
2) According to the stages of their instrument or tool of the law enforcer in the
execution. Under Article 6., felonies performance of his duties.
are classified as attempted felony when
the offender commences the On the other hand, in entrapment, a criminal
commission of a felony directly by design is already in the mind of the person
overt acts, and does not perform all entrapped. It did not emanate from the mind of
the acts of execution which should the law enforcer entrapping him. Entrapment
produce the felony by reason of some involves only ways and means which are laid
cause or accident other than his own down or resorted to facilitate the apprehension
spontaneous desistance; frustrated of the culprit.
felony when the offender commences
the commission of a felony as a Extenuating circumstance
consequence but which would produce The effect of this is to mitigate the criminal
the felony as a consequence but which liability of the offender. In other words, this
nevertheless do not produce the felony has the same effect as mitigating
by reason of causes independent of the circumstances, only you do not call it mitigating
perpetrator; and, consummated felony because this is not found in Article 13.
when all the elements necessary for its
execution are present. Distinction between Justifying and Exempting
3) According to their gravity. Under Circumstances:
Article 9, felonies are classified as
grave felonies or those to which Justifying Circumstances:
attaches the capital punishment or 1) The circumstance affects the act, not
penalties which in any of their periods the actor;
are afflictive; less grave felonies or 2) The act complained of is considered to
those to which the law punishes with have been done within the bounds of
penalties which in their maximum law; hence, it is legitimate and lawful
period was correccional; and light in the eyes of the law;
felonies or those infractions of law for 3) Since the act is considered lawful,
the commission of which the penalty is there is no crime, and because there is
arresto menor. no crime, there is no criminal;
4) Since there is no crime or criminal,
There are five (5) circumstances affecting there is no criminal liability as well as
criminal liability: civil liability

1) Justifying circumstances Exempting Circumstances:


2) Exempting circumstances 1) The circumstances affect the actor, not
3) Mitigating Circumstances the act;
4) Aggravating Circumstances 2) The act complained of is actually
5) Alternative Circumstances wrongful, but the actor acted without
voluntariness. He is a mere tool or
There are 2 others found elsewhere in the instrument of the crime;
provision of the RPC: 3) Since the act complained of is actually
1) Absolutory cause wrongful, there is a crime. But
2) Extenuating circumstances because the actor acted without
voluntariness, there is absence of dolo
Absolutory cause: The effect of this is to absolve or culpa. There is no criminal;
the offender from criminal liability, although 4) Since there is a crime committed but
not from civil liability. It has the same effect as there is no criminal, there is civil
an exempting circumstance, but you do not call liability for the wrong done. But there
it as such in order not to confuse it with the is no criminal liability. However, in
circumstances under Article 12. It has the effect paragraphs 4 and 7 of Article 12, there
of an exempting circumstance and they are is neither criminal nor civil liability.
predicated on lack of voluntariness like
instigation. Instigation is associated with Justifying Circumstances:
criminal intent. Since the justifying circumstances are in the
nature of defensive acts, there must be always
Difference between instigation and entrapment unlawful aggression. The reasonableness of the
In instigation, the criminal plan or design exists means employed depends on the gravity of the
in the mind of the law enforcer with whom the aggression. If the unlawful aggressor was killed,
person instigated cooperated so it is said that this can only be justified if it was done to save
the person instigated is acting only as a mere the life of the person defending or the person
being defended. The equation is “life was taken State of necessity – this is the commission of a
to save life.” crime to avoid an imminent and clear present
danger.
Self defense:
It is the element of unlawful aggression that is Fulfillment of duty – this is the commission of
in issue. Never confuse unlawful aggression the crime in line of duty, and there are 2
with provocation. Mere provocation is not conditions:
enough. 1) The felony was committed while the
Defense of property rights offender was in the fulfillment of a
This can only be invoked if the life and limb of duty or in the lawful exercise of a right
the person making the defense is also the or office; and
subject of unlawful aggression. Life cannot be 2) The resulting felony is the unavoidable
equal to property. consequence of the due fulfillment of
the duty or the lawful exercise of the
Defense of stranger right or office
If the person being defended is already a second
cousin, you do not invoke defense of relative Exempting Circumstances:
anymore. It will be defense of stranger. This is The reason for the exemption lies on the
vital because if the person making the defense involuntariness of the act – one or some of the
acted out or revenge, resentment or some evil ingredients of voluntariness such as criminal
motive in killing the aggressor, he cannot invoke intent, intelligence, or freedom of action on the
the justifying circumstance if the relative part of the offender is missing.
defended is already a stranger in the eyes of the
law. On the other hand, if the relative This includes:
defended is still within the coverage of defense 1) Imbecility and insanity – take note on
of relative, even though he acted out of some the grounds of insanity the accused
evil motive, it would still apply. It is enough acted with complete deprivation of
that there was unlawful aggression against the intelligence in committing the crime
relative defended, and that the person and test of volition, whether the
defending did not contribute to the unlawful accused acted in total deprivation of
aggression. freedom of will.
2) Minority
Incomplete self-defense or incomplete
justifying circumstance or incomplete “Damnum absque injuria” – the offender is
exempting circumstances exempt from criminal liability but of civil
When you say incomplete justifying liability as well.
circumstance, it means that not all the
requisites to justify the act are present or not Mitigating Circumstances:
the requisites to exempt from criminal liability These are accompanying or accessory condition,
are present. event, or fact that (though not constituting a
justification or excuse of an offense) may be
First, to have incomplete self-defense, the considered by the courts as reducing the degree
offended party must be guilty of unlawful of culpability or liability of the accused. Such
aggression. Without this, there can be no circumstances may include family or personal
incomplete self-defense, defense of relative, or situations, and may help in attracting a
defense of stranger. sentence less severe than a typical sentence for
similar offenses.
Second, if only the element of unlawful There are two distinctions: ordinary and
aggression is present, the other requisites being privileged.
absent, the offender shall be given only the
benefit of an ordinary mitigating circumstance. 1) As to the nature of the circumstances,
ordinary mitigating circumstance can
Third, if aside from the element of unlawful be offset by aggravating circumstances,
aggression another requisite, but not all, are while privileged can never be offset.
present, the offender shall be given the benefit 2) As to effect, ordinary, if not offset will
of a privileged mitigating circumstance. In such operate to reduce the penalty to a
a case, the imposable penalty shall be reduced minimum period, provided the penalty
by one or two degrees depending upon how the is a divisible one (negotiable. Meaning
court regards the importance of the requisites if you hear the words of an officer Man
present. Or absent. 1, but because of the offender’s
confession and divulging of other vital
information, Man 1 with reduced
sentence of up to 5 years with
probation). With privileged, it operates These are the kinds of aggravating
to reduce the penalty by one or two circumstances:
degree, depending on what the law 1) Generic or those that can generally
provides. apply to all crime;
2) Specific or those that apply only to a
Sufficient threat or provocation: particular crime
This is mitigating only if the crime was 3) Qualifying or those that change that
committed on the very person who made the change the nature of the crime
threat or provocation. The common set-up 4) Inherent or those that must of
given in a bar problem is that of provocation necessity accompany the commission of
was given by somebody. The person provoked the crime
cannot retaliate against him; thus, the person
provoked retaliated on a younger brother or on Distinctions between Aggravating and Qualifying
an elder father. Although in fact, there is circumstances
sufficient provocation, it is not mitigating
because the one who gives the provocation is In aggravating:
not the one against whom the crime was 1) The circumstance could be offset by a
committed. mitigating circumstance,
2) No need to allege this circumstance in
Diminished self control has two criteria: the information, as long as it is proven
1) Time has lapsed after the provocation during trial. If it is proved during trial,
was initially given (ex. A guy was the court would consider the same in
insulted at this moment, and retaliated imposing the penalty;
back after 24 hours. Giving him enough 3) It is not an ingredient of a crime. It
time to think of his actions) only affects the penalty to be imposed
2) If there is that time element and at the but the crime remains the same
same time, facts are given indicating
that at the time the offender In qualifying circumstances:
committed the crime, he is still 1) The circumstance affects the nature of
suffering from outrage of the threat or the crime itself such that the offender
provocation done to him, then he will shall be liable for a more serious crime.
still get the benefit of this mitigating The circumstance is actually an
circumstance. ingredient of the crime
2) Being an ingredient of the crime, it
Vindication of a grave offense, the vindication cannot be offset by any mitigating
need not be done by the person upon whom the circumstance
grave offense was committed. 3) Qualifying circumstances to be
Passion or obfuscation – this stands on the appreciated as such must be
premise or proposition that the offender is specifically alleged in the complaint or
suffering from a diminished self-control because information. If not alleged but proven
of passion or obfuscation. Passion must be during the trial, it will be considered
legitimate. only as generic aggravating
circumstance. If this happens, they are
This occurs when an assault on spouse or loved susceptible of being offset by a
one is prominent, and because of a jealous mitigating circumstance
outbreak you end up killing the person
assaulting your spouse or loved-one. Aggravating circumstances includes:
1) Taking advantage of public position –
Physical defect is another mitigating this means you use public office as a
circumstance. Regardless of any physical defect medium to commence a crime thinking
a person may still commit a crime as the other that you wouldn’t be convicted (well
parts of the body are fully functioning and could guess again!)
still commence the crime. Blind, and invalid are 2) Disrespect due to age, rank and sex –
not exempted. Some parts of their body are still this refers to old, young and for the
working. sex, it’s the female
3) Abuse of confidence – this is not mere
Aggravating Circumstances: betrayal of trust just because in
Circumstances that increase the seriousness or example you left your daughter in the
outrageousness of a given crime, and that in trust of a neighbor and your neighbor
turn increase the wrongdoer's penalty or rapes your daughter. That is not
punishment.
aggravating, what is aggravating if it good research! But regardless, it’s still
was done to you. aggravating circumstances)
4) Dwelling – this refers to house, 18) If you commit a crime in the executive
regardless if its yours or not! palace, regardless of the existence of
5) Band – obviously this refers to more the president or not, the grounds are
than 3 people! It would be bad enough still aggravating. Especially if you shoot
as it is if one person kills you, but a a gun inside a church!
group? (hello! Common sense!) 19) If you insult a public officer, that is
6) Uninhabited place – this refers to an also an aggravating circumstance.
area far away from civilization, if this 20) If you also asked the help of armed
is you, it would be so unfair as the men, it also aggravates the case.
criminal intends that you won’t be
saved, this is considered as Recidivism – the offender at the time of the trial
aggravating. shall have been previously convicted by final
7) Nighttime – you are rendered judgment of another in the same title of the
defenseless at this point in moment in RPC. Ex. A guy committed murder last 2 months
time. You are sleeping, so killing you ago, and now he is being convicted of homicide.
while sleeping aggravates the whole
thing! Reiteration – the offender has been punished for
8) Treachery – violation of allegiance or an offense which the law attaches an equal
faith. You create this once your greater penalty for two or more crimes to which
allegiance/loyalty to someone is it attaches a lighter penalty. This time, separate
destroyed. titles are applicable. Ex. Robbery with rape is a
9) Evident premeditation – it means you good example.
planned this all along!!!
10) Breaking and entering is included as Habitual delinquency – the offender within a 10-
well! year period from the date of release or
11) If you ask the aid of people below 15 conviction of the crimes: robbery, estafa,
years of age, the crime gets murder, the third time.
aggravated! (best example CSI: Miami,
when an offender asked the aid of Alternative Circumstance:
Horatio’s son Kyle who at the time of These offenses are against your family
the offense was 15, ranking him as a (relationship)
juvenile) These offenses also cover the part when you’re
12) Craft, disguise or fraud be used in drunk (so stop drinking!)
committing a crime. It doesn’t care if you’ve finished a college
13) If you create an explosion, poison, degree or a simple 1st grader. Everyone has a
stranding a vessel, fire, (all man-made tendency to become a murderer.
accidents) these also aggravate the The following are Criminally Liable for Grave
situation. If you use these examples to felonies:
hide your crime, then you’re facing jail 1) Principals – main doers of the crime
time for a lifetime. 2) Accomplices – the one who helped in
14) If you accepted a bribe, reward or the execution
price in exchange for a commencement 3) Accessories – one may not be there
of a crime, well consider these things during the crime, but after you help
aggravating. hide the evidence (obstruction of
15) Another aggravating circumstances, you justice ito)
kill someone and being a show-off, you
exposed the person, not only dead, but The following are Criminally Liable for Light
naked as well and hung him on a tree, felonies:
this is ignominy. Kumbaga sa dead, 1) Principals
double-dead na ito! 2) Accomplices
16) If you use your size to get your way and
in the end resulting in death, then this
is also considered as aggravating. Grave felonies:
17) During natural causes of accidents like These felonies are punishable by the highest
earthquake or epidemic and you used it possible punishment: lifetime imprisonment or
as a cover for your crime, this is also 6-30 years. Examples are rape, murder, robbery,
aggravating. (Best example of this, CSI: treason.
Miami, a robbery took place during a
tsunami event. The robbers used a Light felonies:
geologist to cover for them. Talk about
These felonies, are punishable by lightest felony, who is not a habitual criminal, as this
punishments: arresto menor, bail. These are term is defined in Rule 5 of Article 62 of this
commenced due to infractions and Code, although at the time of the publication
misdemeanors. of such laws a final sentence has been
pronounced and the convict is serving the
Accessories who are exempt from Criminal same.
Liability are your relatives, siblings, spouses.
: With relation to Art. 4 of the Civil Code: “Laws
Punishments given for Grave Felonies: shall have no retroactive effect unless otherwise
1) Reclusion perpetua provided,” meaning, laws are usually
2) Reclusion temporal prospective. They never look back. Say for
3) Perpetual or temporary disqualification example, a man committed a crime of murder,
4) Perpetual or special disqualification if he was sentenced for the penalty of the death
5) Prision mayor sentence, and since it was abolished, it will no
longer follow. Should it be implemented back,
Correctional penalties: he is no longer covered by such punishment.
1) Prision correccional
2) Arresto mayor Art. 23. Effect of pardon by the offended
3) Suspension party. — A pardon of the offended party does
4) Destierro not extinguish criminal action except as
provided in Article 344 of this Code; but civil
Light penalties liability with regard to the interest of the
1) Arresto menor injured party is extinguished by his express
2) Public censure waiver.

Penalties common to the three preceding : This is in connection to the pardoning of the
classes: President to the accused. Usually in the case of
1) Fine and rape, unless the person is forgiven by the
2) Bond to keep the peace. victim, then the offender is not pardoned. The
difference between amnesty and pardon lies
between the erasure of the conviction and the
Art. 21. Penalties that may be imposed. — No
crime itself. Pardon, excuses the convict from
felony shall be punishable by any penalty not
serving the sentence.
prescribed by law prior to its commission.
Ex: Suppose, instead of amnesty, what was
given was absolute pardon, then years later, the
: Meaning, you cannot punish anyone with any
offender was again captured and charged for
penalty if he or she did not commit any crime,
rebellion, he was convicted, is he a recidivist?
thus the legal maxim: “Nullum crimen, nulla
poena sine lege” - There is no crime when there
A: Yes, he is.
is no law punishing the same.
Ex: A man was convicted of murder, but his alibi
Pardon, although absolute, does not erase the
and evidence showed otherwise. Should the man
effects of conviction. It only excuses the
be convicted of murder or not?
accused from serving his sentence.
A: No, he shouldn’t be.
In the case at bar, the accused was awarded or
given pardon, not amnesty, which erases not
There was no felony committed, therefore, no
only the conviction but also the crime itself. He
penalty is prescribed by law punishing it, thus
then commits a crime of rebellion, thereby
the legal maxim: Nullum crimen, nulla poena
making him a recidivist.
sine lege – there is no crime when there is no
law punishing the same.
Art. 24. Measures of prevention or safety
which are not considered penalties. — The
In the case given, although the man was
following shall not be considered as penalties:
convicted of murder, the evidence and alibi
1. The arrest and temporary detention of
does not tie him to the crime.
accused persons, as well as their detention by
reason of insanity or imbecility, or illness
Thus eliminating him of any liability for there
requiring their confinement in a hospital.
was no crime committed.
2. The commitment of a minor to any of the
institutions mentioned in Article 80 and for
Art. 22. Retroactive effect of penal laws. —
the purposes specified therein.
Penal Laws shall have a retroactive effect
insofar as they favor the persons guilty of a
3. Suspension from the employment of public Art. 27. Reclusion perpetua. – Any person
office during the trial or in order to institute sentence to any of the perpetual penalties
proceedings. shall be pardoned after undergoing the
4. Fines and other corrective measures which, penalty for thirty years, unless such person by
in the exercise of their administrative reason of his conduct or some other serious
disciplinary powers, superior officials may cause shall be considered by the Chief
impose upon their subordinates. Executive as unworthy of pardon. (20 years
5. Deprivation of rights and the reparations and 1 day to 40 years)
which the civil laws may establish in penal
form. Reclusion temporal. – The penalty of reclusion
temporal shall be from twelve years and one
: The abovementioned are not penalties for a day to twenty years.
crime. Rather they are just part of due process
given to an accused. Prision mayor and temporary
disqualification. – The duration of the
Art. 25. Penalties which may be imposed. – penalties of prision mayor and temporary
The penalties which may be imposed disqualification shall be from six years and
according to this Code, and their different one day to twelve years, except when the
classes, are those included in the following: penalty of disqualification is imposed as an
accessory penalty, in which case its duration
Capital punishment: Death shall be that of the principal penalty.
Afflictive penalties: Reclusion perpetua,
Reclusion temporal, Perpetual or temporary Prision correccional, suspension, and
absolute disqualification, Perpetual or destierro. — The duration of the penalties of
temporary special disqualification, Prision prision correccional, suspension and destierro
mayor. shall be from six months and one day to six
Correctional penalties: Prision correccional, years, except when suspension is imposed as
Arresto mayor, Suspension, Destierro. an accessory penalty, in which case, its
Penalties common to the three preceding duration shall be that of the principal penalty.
classes: Fine, and Bond to keep the peace.
Arresto mayor. — The duration of the penalty
Accessory Penalties: of arresto mayor shall be from one month and
Perpetual or temporary absolute one day to six months.
disqualification
Perpetual or temporary special Arresto menor. — The duration of the penalty
disqualification of arresto menor shall be from one day to
Suspension from public office, the right to thirty days.
vote and be voted for, the profession or
calling Bond to keep the peace. — The bond to keep
Civil interdiction the peace shall be required to cover such
Indemnification period of time as the court may determine.
Forfeiture or confiscation of instruments and
proceeds of the offense : The abovementioned penalties are to be given
Payment of costs on offenders when they have committed a
crime, depending on the lightness and gravity of
: The abovementioned are penalties imposed on the crime committed. The gravest being
the criminal offenses being committed by Reclusion perpetua since the Death sentence has
offenders. been abolished. And bond to keep peace as the
lightest.
Art. 26. When afflictive, correctional, or light
penalty. — A fine, whether imposed as a single Art. 28. Computation of penalties. — If the
of as an alternative penalty, shall be offender shall be in prison, the term of the
considered an afflictive penalty, if it exceeds duration of the temporary penalties shall be
6,000 pesos; a correctional penalty, if it does computed from the day on which the
not exceed 6,000 pesos but is not less than judgment of conviction shall have become
200 pesos; and a light penalty if it less than final.
200 pesos. If the offender be not in prison, the term of
: This means you could just pay for bail, if what the duration of the penalty consisting of
you committed did not meet the penalties deprivation of liberty shall be computed from
mentioned in the preceding article. 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 Art. 30. Effects of the penalties of perpetual
commences to serve his sentence. or temporary absolute disqualification. —
The penalties of perpetual or temporary
: This refers to the duration of the sentence. absolute disqualification for public office shall
Ex: True or false, a man was convicted of produce the following effects:
Reclusion temporal after committing a crime of 1. The deprivation of the public offices and
homicide should be serving a sentence of twenty employments which the offender may have
years and one day to forty years? held even if conferred by popular election.
2. The deprivation of the right to vote in any
A: False. election for any popular office or to be
elected to such office.
The Revised Penal Code provides that Reclusion 3. The disqualification for the offices or public
temporal is supposed to be served twelve years employments and for the exercise of any of
and one day to twenty years. the rights mentioned. In case of temporary
disqualification, such disqualification as is
In the case at bar, the man committed homicide comprised in paragraphs 2 and 3 of this article
and was punished with Reclusion temporal. The shall last during the term of the sentence.
years that was mention in the prescription was 4. The loss of all rights to retirement pay or
for Reclusion perpetua. other pension for any office formerly held.

Art. 29. Period of preventive imprisonment : This is in line with the sentence: Public office
deducted from term of imprisonment. — is a public trust.
Offenders who have undergone preventive Ex: A public officer committed a crime of rape
imprisonment shall be credited in the service with murder. His final judgment was perpetual
of their sentence consisting of deprivation of or temporary absolute disqualification. Do you
liberty, with the full time during which they agree with the judgment or not?
have undergone preventive imprisonment, if
the detention prisoner agrees voluntarily in A: Yes, I agree with the judgment.
writing to abide by the same disciplinary rules
imposed upon convicted prisoners, except in Public office is a public trust. And if a public
the following cases: officer commenced such crime, he is not fit to
1. When they are recidivists or have been be trusted and must be stripped of his duties
convicted previously twice or more times of and obligations to the public.
any crime; and
2. When upon being summoned for the In the given case at bar, the public officer
execution of their sentence they have failed committed rape with murder, therefore, he
to surrender voluntarily. cannot be trusted and must be stripped of his
If the detention prisoner does not agree to office, duties and obligations as a public officer,
abide by the same disciplinary rules imposed as public office is a public trust.
upon convicted prisoners, he shall be credited
in the service of his sentence with four-fifths Art. 31. Effect of the penalties of perpetual
of the time during which he has undergone or temporary special disqualification. — The
preventive imprisonment. penalties of perpetual or temporal special
disqualification for public office, profession or
Whenever an accused has undergone calling shall produce the following effects:
preventive imprisonment for a period equal to 1. The deprivation of the office, employment,
or more than the possible maximum profession or calling affected;
imprisonment of the offense charged to which 2. The disqualification for holding similar
he may be sentenced and his case is not yet offices or employments either perpetually or
terminated, he shall be released immediately during the term of the sentence according to
without prejudice to the continuation of the the extent of such disqualification.
trial thereof or the proceeding on appeal, if
the same is under review. In case the : People in office who had committed a crime
maximum penalty to which the accused may shall be deprived of their office. Like in royalty
be sentenced is destierro, he shall be released for example, if the king commits a crime, he is
after thirty (30) days of preventive forced to abdicate and thereby stripped of his
imprisonment. title and office.

: This is in reference to offenders who have Art. 32. Effect of the penalties of perpetual or
served their sentences to prevent them from temporary special disqualification for the
committing another crime. exercise of the right of suffrage. — The
perpetual or temporary special Should the person sentenced fail to give the
disqualification for the exercise of the right of bond as required he shall be detained for a
suffrage shall deprive the offender period which shall in no case exceed six
perpetually or during the term of the months, is he shall have been prosecuted for a
sentence, according to the nature of said grave or less grave felony, and shall not
penalty, of the right to vote in any popular exceed thirty days, if for a light felony.
election for any public office or to be elected
to such office. Moreover, the offender shall : In connection to payment of any bail or bond,
not be permitted to hold any public office as to keep the peace and sanctity of the place.
during the period of his disqualification.
Art. 36. Pardon; its effect. — A pardon shall
: Again with connection to public office is a not work the restoration of the right to hold
public trust, the offender may not hold any public office, or the right of suffrage, unless
office during his term of sentence. They will be such rights be expressly restored by the terms
deprived the right to vote in any popular of the pardon.
election for any public office. A pardon shall in no case exempt the culprit
from the payment of the civil indemnity
Art. 33. Effects of the penalties of suspension imposed upon him by the sentence.
from any public office, profession or calling,
or the right of suffrage. — The suspension : Pardon is differentiated from amnesty. As
from public office, profession or calling, and pardon excuses the sentence but not the crime,
the exercise of the right of suffrage shall and amnesty excuses both the sentence and the
disqualify the offender from holding such crime.
office or exercising such profession or calling
or right of suffrage during the term of the Art. 37. Cost; What are included. — Costs shall
sentence. include fees and indemnities in the course of
The person suspended from holding public the judicial proceedings, whether they be
office shall not hold another having similar fixed or unalterable amounts previously
functions during the period of his suspension. determined by law or regulations in force, or
amounts not subject to schedule.
: In connection with the holding of public office, : These are the fees included in paying the bail,
one may be suspended from holding public or other form of obligations you have when you
office and shall not hold another having similar are accused.
functions during the period of his suspension.
Art. 38. Pecuniary liabilities; Order of
Art. 34. Civil interdiction. — Civil interdiction payment. — In case the property of the
shall deprive the offender during the time of offender should not be sufficient for the
his sentence of the rights of parental payment of all his pecuniary liabilities, the
authority, or guardianship, either as to the same shall be met in the following order:
person or property of any ward, of marital 1. The reparation of the damage caused.
authority, of the right to manage his property 2. Indemnification of consequential damages.
and of the right to dispose of such property by 3. The fine.
any act or any conveyance inter vivos. 4. The cost of the proceedings.

: During the term of sentence, one who is : When things are to be repaired, or when things
convicted is stripped of rights to parental are taken, its either you pay back the equal
authority, guardianship, marital authority and amount in which the victim paid for it or you
right to manage his property. find a way to repair it.

Art. 35. Effects of bond to keep the peace. — Art. 39. Subsidiary penalty. — If the convict
It shall be the duty of any person sentenced to has no property with which to meet the fine
give bond to keep the peace, to present two mentioned in the paragraph 3 of the nest
sufficient sureties who shall undertake that preceding article, he shall be subject to a
such person will not commit the offense subsidiary personal liability at the rate of one
sought to be prevented, and that in case such day for each eight pesos, subject to the
offense be committed they will pay the following rules:
amount determined by the court in the 1. If the principal penalty imposed be prision
judgment, or otherwise to deposit such correccional or arresto and fine, he shall
amount in the office of the clerk of the court remain under confinement until his fine
to guarantee said undertaking. referred to in the preceding paragraph is
The court shall determine, according to its satisfied, but his subsidiary imprisonment shall
discretion, the period of duration of the bond. not exceed one-third of the term of the
sentence, and in no case shall it continue for pardoned as to the principal penalty, unless
more than one year, and no fraction or part of the same shall have been expressly remitted
a day shall be counted against the prisoner. in the pardon.
2. When the principal penalty imposed be only
a fine, the subsidiary imprisonment shall not Art. 43. Prision correccional; Its accessory
exceed six months, if the culprit shall have penalties. — The penalty of prision
been prosecuted for a grave or less grave correccional shall carry with it that of
felony, and shall not exceed fifteen days, if suspension from public office, from the right
for a light felony. to follow a profession or calling, and that of
3. When the principal imposed is higher than perpetual special disqualification from the
prision correccional, no subsidiary right of suffrage, if the duration of said
imprisonment shall be imposed upon the imprisonment shall exceed eighteen months.
culprit. The offender shall suffer the disqualification
4. If the principal penalty imposed is not to be provided in the article although pardoned as
executed by confinement in a penal to the principal penalty, unless the same shall
institution, but such penalty is of fixed have been expressly remitted in the pardon.
duration, the convict, during the period of
time established in the preceding rules, shall Art. 44. Arresto; Its accessory penalties. —
continue to suffer the same deprivations as The penalty of arresto shall carry with it that
those of which the principal penalty of suspension of the right too hold office and
consists.chan robles virtual law library the right of suffrage during the term of the
5. The subsidiary personal liability which the sentence.
convict may have suffered by reason of his
insolvency shall not relieve him, from the fine Art. 45. Confiscation and forfeiture of the
in case his financial circumstances should proceeds or instruments of the crime. — Every
improve. penalty imposed for the commission of a
felony shall carry with it the forfeiture of the
: This is in case a person convicted cannot pay proceeds of the crime and the instruments or
for the same, they will follow the tools with which it was committed.
abovementioned guidelines with regard to Such proceeds and instruments or tools shall
payment. be confiscated and forfeited in favor of the
Government, unless they be property of a
Art. 40. Death; Its accessory penalties. — The third person not liable for the offense, but
death penalty, when it is not executed by those articles which are not subject of lawful
reason of commutation or pardon shall carry commerce shall be destroyed.
with it that of perpetual absolute
disqualification and that of civil interdiction Art. 46. Penalty to be imposed upon
during thirty years following the date principals in general. — The penalty
sentence, unless such accessory penalties prescribed by law for the commission of a
have been expressly remitted in the pardon. felony shall be imposed upon the principals in
the commission of such felony.
: This has been abolished, so, at some point no Whenever the law prescribes a penalty for a
longer applicable. Although it is still included in felony is general terms, it shall be understood
the RPC, it is respected as a resource. as applicable to the consummated felony.

Art. 41. Reclusion perpetua and reclusion : This means, all the crimes have been on the
temporal; Their accessory penalties. — The consummated stage.
penalties of reclusion perpetua and reclusion
temporal shall carry with them that of civil Art. 47. In what cases the death penalty shall
interdiction for life or during the period of the not be imposed. — The death penalty shall be
sentence as the case may be, and that of imposed in all cases in which it must be
perpetual absolute disqualification which the imposed under existing laws, except in the
offender shall suffer even though pardoned as following cases:
to the principal penalty, unless the same shall 1. When the guilty person be more than
have been expressly remitted in the pardon. seventy years of age.
2. When upon appeal or revision of the case
Art. 42. Prision mayor; Its accessory by the Supreme court, all the members
penalties. — The penalty of prision mayor, thereof are not unanimous in their voting as
shall carry with it that of temporary absolute to the propriety of the imposition of the death
disqualification and that of perpetual special penalty. For the imposition of said penalty or
disqualification from the right of suffrage for the confirmation of a judgment of the
which the offender shall suffer although inferior court imposing the death sentence,
the Supreme Court shall render its decision another crime, if the law prescribes a higher
per curiam, which shall be signed by all penalty for either of the latter offenses, in
justices of said court, unless some member or which case the penalty provided for the
members thereof shall have been disqualified attempted or the frustrated crime shall be
from taking part in the consideration of the imposed in its maximum period.
case, in which even the unanimous vote and
signature of only the remaining justices shall : This is to be imposed on the principal criminal
be required. regardless of praeter intentionem (or the crime
committed is different from what was
: Although the Death sentence is no longer intended), the maximum is to be imposed.
commutable, this is to be implemented once a
person is convicted. Art. 50. Penalty to be imposed upon
principals of a frustrated crime. — The
Art. 48. Penalty for complex crimes. — When a penalty next lower in degree than that
single act constitutes two or more grave or prescribed by law for the consummated felony
less grave felonies, or when an offense is a shall be imposed upon the principal in a
necessary means for committing the other, frustrated felony.
the penalty for the most serious crime shall be
imposed, the same to be applied in its : Referring to the graduated scale of penalties,
maximum period. the penalty to be given in frustrated crime is
the next lower in degree.
: This is when a single act, becomes a crime. Ex: A crime of frustrated rape is committed.
Ex: In the intention of keeping the peace, a Rape is usually punishable with Reclusion
police, fires a gun towards a robber, but since perpetua, but in the case of frustrated rape the
the bullet did a projectile hitting another next lower degree punishment will be imposed
bystander thereby killing two people. Was there which is Reclusion temporal.
a complex crime committed?
Art 51. Penalty to be imposed upon principals
A: Yes, there was. of attempted crimes. — A penalty lower by
two degrees than that prescribed by law for
Complex crime is defined as a single act that the consummated felony shall be imposed
constitutes two or more grave or less grave upon the principals in an attempt to commit a
felonies. felony.

In the given case at bar, the police in the : This punishment say for example is to be
intention of keeping the peace, although he imposed on attempted rape, then two (2)
fired the gun at the robber, the bullet did a degrees lower which is Prision mayor.
projectile which hits a bystander, thus killing
them both. Art. 52. Penalty to be imposed upon
accomplices in consummated crime. — The
Thus, the police committed a complex crime. penalty next lower in degree than that
prescribed by law for the consummated shall
Art. 49. Penalty to be imposed upon the be imposed upon the accomplices in the
principals when the crime committed is commission of a consummated felony.
different from that intended. — In cases in
which the felony committed is different from Art. 53. Penalty to be imposed upon
that which the offender intended to commit, accessories to the commission of a
the following rules shall be observed: consummated felony. — The penalty lower by
1. If the penalty prescribed for the felony two degrees than that prescribed by law for
committed be higher than that corresponding the consummated felony shall be imposed
to the offense which the accused intended to upon the accessories to the commission of a
commit, the penalty corresponding to the consummated felony.
latter shall be imposed in its maximum period.
2. If the penalty prescribed for the felony Art. 54. Penalty to imposed upon accomplices
committed be lower than that corresponding in a frustrated crime. — The penalty next
to the one which the accused intended to lower in degree than prescribed by law for the
commit, the penalty for the former shall be frustrated felony shall be imposed upon the
imposed in its maximum period. accomplices in the commission of a frustrated
3. The rule established by the next preceding felony.
paragraph shall not be applicable if the acts
committed by the guilty person shall also Art. 55. Penalty to be imposed upon
constitute an attempt or frustration of accessories of a frustrated crime. — The
penalty lower by two degrees than that impossible that even with the intent of killing
prescribed by law for the frustrated felony the person did not affect the person instead.
shall be imposed upon the accessories to the
commission of a frustrated felony. In the case at bar, the brother with an intention
on killing his brother bought poison, but instead
Art. 56. Penalty to be imposed upon was given cheese powder thereby not killing
accomplices in an attempted crime. — The him.
penalty next lower in degree than that
prescribed by law for an attempt to commit a Art. 60. Exception to the rules established in
felony shall be imposed upon the accomplices Articles 50 to 57. — The provisions contained
in an attempt to commit the felony. in Articles 50 to 57, inclusive, of this Code
shall not be applicable to cases in which the
Art. 57. Penalty to be imposed upon law expressly prescribes the penalty provided
accessories of an attempted crime. — The for a frustrated or attempted felony, or to be
penalty lower by two degrees than that imposed upon accomplices or accessories.
prescribed by law for the attempted felony
shall be imposed upon the accessories to the Art. 61. Rules for graduating penalties. — For
attempt to commit a felony. the purpose of graduating the penalties which,
according to the provisions of Articles 50 to
Art. 58. Additional penalty to be imposed 57, inclusive, of this Code, are to be imposed
upon certain accessories. — Those accessories upon persons guilty as principals of any
falling within the terms of paragraphs 3 of frustrated or attempted felony, or as
Article 19 of this Code who should act with accomplices or accessories, the following rules
abuse of their public functions, shall suffer shall be observed:
the additional penalty of absolute perpetual 1. When the penalty prescribed for the felony
disqualification if the principal offender shall is single and indivisible, the penalty next
be guilty of a grave felony, and that of lower in degrees shall be that immediately
absolute temporary disqualification if he shall following that indivisible penalty in the
be guilty of a less grave felony. respective graduated scale prescribed in
Article 71 of this Code.
Art. 59. Penalty to be imposed in case of 2. When the penalty prescribed for the crime
failure to commit the crime because the is composed of two indivisible penalties, or of
means employed or the aims sought are one or more divisible penalties to be impose
impossible. — When the person intending to to their full extent, the penalty next lower in
commit an offense has already performed the degree shall be that immediately following the
acts for the execution of the same but lesser of the penalties prescribed in the
nevertheless the crime was not produced by respective graduated scale.
reason of the fact that the act intended was 3. When the penalty prescribed for the crime
by its nature one of impossible is composed of one or two indivisible penalties
accomplishment or because the means and the maximum period of another divisible
employed by such person are essentially penalty, the penalty next lower in degree
inadequate to produce the result desired by shall be composed of the medium and
him, the court, having in mind the social minimum periods of the proper divisible
danger and the degree of criminality shown by penalty and the maximum periods of the
the offender, shall impose upon him the proper divisible penalty and the maximum
penalty of arresto mayor or a fine from 200 to period of that immediately following in said
500 pesos. respective graduated scale.
4. when the penalty prescribed for the crime
: This is with connection to impossible crime, is composed of several periods, corresponding
where the crime committed and its way of to different divisible penalties, the penalty
commission is so impossible. next lower in degree shall be composed of the
Ex: A brother, on the intent of killing his period immediately following the minimum
brother, bought a poison for his brother’s food. prescribed and of the two next following,
But the pharmacist gave him cheese flavor which shall be taken from the penalty
powder instead, which did not kill his brother. prescribed, if possible; otherwise from the
Was an impossible crime committed or not? penalty immediately following in the above
mentioned respective graduated scale.
A: Yes, there was an impossible crime 5. When the law prescribes a penalty for a
committed. crime in some manner not especially provided
for in the four preceding rules, the courts,
An impossible crime is a commencement of a proceeding by analogy, shall impose
crime that the means of committing it is so corresponding penalties upon those guilty as
principals of the frustrated felony, or of Notwithstanding the provisions of this article,
attempt to commit the same, and upon the total of the two penalties to be imposed
accomplices and accessories. upon the offender, in conformity herewith,
shall in no case exceed 30 years.
: This is in connection to the penalties once the For the purpose of this article, a person shall
scale has graduated. Either the years get added be deemed to be habitual delinquent, is
or subtracted. within a period of ten years from the date of
his release or last conviction of the crimes of
Art. 62. Effect of the attendance of serious or less serious physical injuries, robo,
mitigating or aggravating circumstances and hurto, estafa or falsification, he is found guilty
of habitual delinquency. — Mitigating or of any of said crimes a third time or oftener.
aggravating circumstances and habitual
delinquency shall be taken into account for : This article pertains to when the aggravating
the purpose of diminishing or increasing the circumstance is offset by mitigating
penalty in conformity with the following rules: circumstance and thus the computation is either
1. Aggravating circumstances which in commuted or reduced. This is in the case of
themselves constitute a crime specially serious physical injury, robbery, estafa,
punishable by law or which are included by homicide and this is referred to recidivists or
the law in defining a crime and prescribing the repeat offenders or habitual delinquents.
penalty therefor shall not be taken into
account for the purpose of increasing the Art. 63. Rules for the application of
penalty. indivisible penalties. — In all cases in which
2. The same rule shall apply with respect to the law prescribes a single indivisible penalty,
any aggravating circumstance inherent in the it shall be applied by the courts regardless of
crime to such a degree that it must of any mitigating or aggravating circumstances
necessity accompany the commission thereof. that may have attended the commission of the
3. Aggravating or mitigating circumstances deed.
which arise from the moral attributes of the In all cases in which the law prescribes a
offender, or from his private relations with penalty composed of two indivisible penalties,
the offended party, or from any other the following rules shall be observed in the
personal cause, shall only serve to aggravate application thereof:
or mitigate the liability of the principals, 1. When in the commission of the deed there
accomplices and accessories as to whom such is present only one aggravating circumstance,
circumstances are attendant. the greater penalty shall be applied.
4. The circumstances which consist in the
material execution of the act, or in the means : If the crime committed is in the aggravating
employed to accomplish it, shall serve to circumstance, the greater penalty is given, this
aggravate or mitigate the liability of those includes:
persons only who had knowledge of them at 1) Reclusion perpetua
the time of the execution of the act or their 2) Reclusion temporal
cooperation therein.
5. Habitual delinquency shall have the 2. When there are neither mitigating nor
following effects: aggravating circumstances and there is no
aggravating circumstance, the lesser penalty
(a) Upon a third conviction the culprit shall be shall be applied.
sentenced to the penalty provided by law for
the last crime of which he be found guilty and : If both the mitigating and aggravating are
to the additional penalty of prision missing in the element of the crime, a lesser
correccional in its medium and maximum penalty shall be applied. This pertains to:
periods; 1) Prision mayor
(b) Upon a fourth conviction, the culprit shall 2) Arresto mayor
be sentenced to the penalty provided for the 3) Arresto menor
last crime of which he be found guilty and to
the additional penalty of prision mayor in its 3. When the commission of the act is attended
minimum and medium periods; and by some mitigating circumstances and there is
(c) Upon a fifth or additional conviction, the no aggravating circumstance, the lesser
culprit shall be sentenced to the penalty penalty shall be applied.
provided for the last crime of which he be
found guilty and to the additional penalty of : This is in the presence of a mitigating
prision mayor in its maximum period to circumstance but no aggravating, a lesser
reclusion temporal in its minimum period. penalty is to be administered.
4. When both mitigating and aggravating 5. When there are two or more mitigating
circumstances attended the commission of the circumstances and no aggravating
act, the court shall reasonably allow them to circumstances are present, the court shall
offset one another in consideration of their impose the penalty next lower to that
number and importance, for the purpose of prescribed by law, in the period that it may
applying the penalty in accordance with the deem applicable, according to the number and
preceding rules, according to the result of nature of such circumstances.
such compensation.
: In the case where there two or more
: This is in the case where both are present, mitigating circumstances but no aggravating
then one can offset the other by either reducing present, the court shall impose a lower penalty
the number of years. than that prescribed by law.

Art. 64. Rules for the application of penalties 6. Whatever may be the number and nature of
which contain three periods. — In cases in the aggravating circumstances, the courts
which the penalties prescribed by law contain shall not impose a greater penalty than that
three periods, whether it be a single divisible prescribed by law, in its maximum period.
penalty or composed of three different
penalties, each one of which forms a period in : Death may not be imposed regardless of how
accordance with the provisions of Articles 76 aggravating the circumstances are.
and 77, the court shall observe for the
application of the penalty the following rules, 7. Within the limits of each period, the court
according to whether there are or are not shall determine the extent of the penalty
mitigating or aggravating circumstances: according to the number and nature of the
1. When there are neither aggravating nor aggravating and mitigating circumstances and
mitigating circumstances, they shall impose the greater and lesser extent of the evil
the penalty prescribed by law in its medium produced by the crime.
period.
: This is in favor of the gravity of the crime
: This is in case neither the aggravating nor commenced by the offender.
mitigating is present, the medium penalty is
given. Art. 65. Rule in cases in which the penalty is
not composed of three periods. — In cases in
2. When only a mitigating circumstances is which the penalty prescribed by law is not
present in the commission of the act, they composed of three periods, the courts shall
shall impose the penalty in its minimum apply the rules contained in the foregoing
period. articles, dividing into three equal portions of
time included in the penalty prescribed, and
: In this case, the minimum period (it may be forming one period of each of the three
arresto menor or bond) that will be given as portions.
punishment to the accused.
: Instead of doing three (3) separate periods of
3. When an aggravating circumstance is penalty, it will be done consecutively at the
present in the commission of the act, they same time.
shall impose the penalty in its maximum
period. Art. 66. Imposition of fines. — In imposing
fines the courts may fix any amount within
: Granting in this case that an aggravating the limits established by law; in fixing the
circumstance was present in the commission of amount in each case attention shall be given,
the crime, maximum is to be implemented: not only to the mitigating and aggravating
Reclusion perpetua. circumstances, but more particularly to the
wealth or means of the culprit.
4. When both mitigating and aggravating
circumstances are present, the court shall : Fines that could be accommodated by the
reasonably offset those of one class against wealth or means of the culprit are to be
the other according to their relative weight. adjusted in case he/she may not be able to pay.
This is to be determined by the courts.
: In the case at bar, one may offset the other
granting that both the mitigating and Art. 67. Penalty to be imposed when not all
aggravating is present in the commencement of the requisites of exemption of the fourth
the crime. circumstance of Article 12 are present.—
When all the conditions required in
circumstances Number 4 of Article 12 of this and nature of the conditions of exemption
Code to exempt from criminal liability are not present or lacking.
present, the penalty of arresto mayor in its
maximum period to prision correccional in its Art. 70. Successive service of sentence. —
minimum period shall be imposed upon the When the culprit has to serve two or more
culprit if he shall have been guilty of a grave penalties, he shall serve them simultaneously
felony, and arresto mayor in its minimum and if the nature of the penalties will so permit
medium periods, if of a less grave felony. otherwise, the following rules shall be
observed:
: This is to be given on the case of any person In the imposition of the penalties, the order of
who, while performing a lawful act with due their respective severity shall be followed so
care, causes an injury by mere accident without that they may be executed successively or as
fault or intention of causing it, as provided by nearly as may be possible, should a pardon
the Penal Code, under paragraph 4 of Art. 12, have been granted as to the penalty or
then the maximum period of arresto mayor to penalties first imposed, or should they have
the minimum period of prision correccional is to been served out.
be imposed. For the purpose of applying the provisions of
the next preceding paragraph the respective
Art. 68. Penalty to be imposed upon a person severity of the penalties shall be determined
under eighteen years of age. — When the in accordance with the following scale:
offender is a minor under eighteen years and 1. Death,
his case is one coming under the provisions of 2. Reclusion perpetua,
the paragraphs next to the last of Article 80 of 3. Reclusion temporal,
this Code, the following rules shall be 4. Prision mayor,
observed: 5. Prision correccional,chan robles virtual law
1. Upon a person under fifteen but over nine library
years of age, who is not exempted from 6. Arresto mayor,
liability by reason of the court having declared 7. Arresto menor,
that he acted with discernment, a 8. Destierro,
discretionary penalty shall be imposed, but 9. Perpetual absolute disqualification,
always lower by two degrees at least than that 10 Temporal absolute disqualification.
prescribed by law for the crime which he 11. Suspension from public office, the right to
committed. vote and be voted for, the right to follow a
2. Upon a person over fifteen and under profession or calling, and
eighteen years of age the penalty next lower 12. Public censure.
than that prescribed by law shall be imposed, Notwithstanding the provisions of the rule
but always in the proper period. next preceding, the maximum duration of the
convict's sentence shall not be more than
: This is in connection to offenders who are three-fold the length of time corresponding to
minors, but upon reaching 18 may be tried as an the most severe of the penalties imposed
adult. upon him. No other penalty to which he may
be liable shall be inflicted after the sum total
Art. 69. Penalty to be imposed when the of those imposed equals the same maximum
crime committed is not wholly excusable. — A period.
penalty lower by one or two degrees than that Such maximum period shall in no case exceed
prescribed by law shall be imposed if the deed forty years.
is not wholly excusable by reason of the lack In applying the provisions of this rule the
of some of the conditions required to justify duration of perpetual penalties (pena
the same or to exempt from criminal liability perpetua) shall be computed at thirty years.
in the several cases mentioned in Article 11
and 12, provided that the majority of such : The best rule for this article is the three-fold
conditions be present. The courts shall impose rule, where instead of serving three sentences
the penalty in the period which may be at different periods, they all get served at the
deemed proper, in view of the number and same period at the maximum period possible.
nature of the conditions of exemption present Ex: A man committing robbery, with kidnapping
or lacking. and murder has been sentenced to Reclusion
perpetua for each crime he has committed. If
: With connection to Justifying Circumstances you were the judge presiding over the case, how
and Circumstances which exempt from criminal would you decide over how he should serve his
liability, the penalty is either one or two degree sentence?
lower, and may be imposed only in the number
A: Following the three-fold rule though he has which, by provision of law, carries with it
committed three distinct crimes of different other penalties, according to the provisions of
titles, the man should be serving the maximum Articles 40, 41, 42, 43 and 44 of this Code, it
sentence of Reclusion perpetua or 20 years and must be understood that the accessory
1 day to 40 years. Instead of adding all three penalties are also imposed upon the convict.
which are punishable with Reclusion perpetua
which equals 120 years, it will be reduced to 40 : The provisions of Art. 40, 41, 42, 43 and 44
years instead. shall also be imposed on the convict who has
been accessory to the crime.
Art. 71. Graduated scales. — In the case in
which the law prescribed a penalty lower or Art. 74. Penalty higher than reclusion
higher by one or more degrees than another perpetua in certain cases. — In cases in which
given penalty, the rules prescribed in Article the law prescribes a penalty higher than
61 shall be observed in graduating such another given penalty, without specially
penalty. designating the name of the former, if such
The lower or higher penalty shall be taken higher penalty should be that of death, the
from the graduated scale in which is same penalty and the accessory penalties of
comprised the given penalty. Article 40, shall be considered as the next
The courts, in applying such lower or higher higher penalty.
penalty, shall observe the following graduated
scales: : Since the Death penalty has been abolished,
SCALE NO. 1 the next higher penalty next to Reclusion
1. Death, perpetua, which in this case may be life
2. Reclusion perpetua, imprisonment (although we do not say so), is
3. Reclusion temporal, next the next possible punishment or the
4. Prision mayor, application of the three-fold rule.
5. Prision correccional,
6. Arresto mayor, Art. 75. Increasing or reducing the penalty of
7. Destierro, fine by one or more degrees. — Whenever it
8. Arresto menor, may be necessary to increase or reduce the
9. Public censure, penalty of fine by one or more degrees, it
10. Fine. shall be increased or reduced, respectively,
for each degree, by one-fourth of the
SCALE NO. 2 maximum amount prescribed by law, without
1. Perpetual absolute disqualification, however, changing the minimum.
2. Temporal absolute disqualification The same rules shall be observed with regard
3. Suspension from public office, the right to of fines that do not consist of a fixed amount,
vote and be but are made proportional.
voted for, the right to follow a profession or
calling, : Depending on the degree of the crime, is the
4. Public censure, basis of how the fine must be paid.
5. Fine.
Art. 76. Legal period of duration of divisible
: The abovementioned scales of penalty shall be penalties. — The legal period of duration of
followed when imposing the punishment on the divisible penalties shall be considered as
accused. divided into three parts, forming three
periods, the minimum, the medium, and the
Art. 72. Preference in the payment of the civil maximum in the manner shown in the
liabilities. — The civil liabilities of a person following table:
found guilty of two or more offenses shall be
satisfied by following the chronological order Penalties RT PM, PC, AM Am
of the dates of the judgments rendered AD, S, D
against him, beginning with the first in order SD
of time. Entirety 12 6 yrs 6 1 1-30
yrs & 1 mos. mon days
: This refers to the payment and civil liability of & 1 day & 1 th &
an individual as to when he or she should pay for day – 12 day 1
such liability beginning with the first. – 20 yrs – 6 day
yrs. yrs – 6
Art. 73. Presumption in regard to the mos.
imposition of accessory penalties. — Minimum 12 6 yrs 6 1-2 1-10
Whenever the courts shall impose a penalty
yrs & 1 mos. mos. days with regard to the character of the work to be
& 1 day & 1 performed, the time of its performance, and
day – 8 day other incidents connected therewith, the
– 14 yrs – 2 relations of the convicts among themselves
yrs yrs and other persons, the relief which they may
& 8 & 4 receive, and their diet.
mos. mos. The regulations shall make provision for the
Medium 14 8 yrs 2 2 11- separation of the sexes in different
yrs & 1 yrs, mos. 20 institutions, or at least into different
& 8 day 4 & 1 days departments and also for the correction and
mos. – 10 mos. day reform of the convicts.
– 17 yrs & 1 – 4
yrs, day mos. : The penalty is to be imposed once final
4 – 4 judgment has been served to the accused.
mos. yrs
& 2 Art. 79. Suspension of the execution and
mos. service of the penalties in case of insanity. —
Maximum 17 10 4 4 21- When a convict shall become insane or an
yrs, yrs yrs, mos. 30 imbecile after final sentence has been
4 & 1 2 & 1 days pronounced, the execution of said sentence
mos. day mos. day shall be suspended only with regard to the
& 1 – 12 & 1 – 6 personal penalty, the provisions of the second
day yrs day mos. paragraph of circumstance number 1 of Article
– 20 – 6 12 being observed in the corresponding cases.
yrs. yrs. If at any time the convict shall recover his
reason, his sentence shall be executed, unless
RT–Reclusion Temporal PC–Prision Correccional the penalty shall have prescribed in
PM – Prision Mayor S -Suspension accordance with the provisions of this Code.
AD – Absolute Disqualification D - Destierro The respective provisions of this section shall
SD – Special Disqualification AM – Arresto Mayor also be observed if the insanity or imbecility
Am – Arresto Menor occurs while the convict is serving his
sentence.
Art. 77. When the penalty is a complex one
composed of three distinct penalties. — In : If during the entirety of the sentence, an
cases in which the law prescribes a penalty accused becomes insane or an imbecile, his
composed of three distinct penalties, each sentence will be commuted, and should his
one shall form a period; the lightest of them sanity regain, will his sentence resume. Only in
shall be the minimum the next the medium, these special cases will the sentence be
and the most severe the maximum period. commuted.
Whenever the penalty prescribed does not
have one of the forms specially provided for in Art. 80. Suspension of sentence of minor
this Code, the periods shall be distributed, delinquents. — Whenever a minor of either
applying by analogy the prescribed rules. sex, under sixteen years of age at the date of
the commission of a grave or less grave felony,
: If the crime prescribes three (3) distinct is accused thereof, the court, after hearing
penalties, each will form one period: minimum, the evidence in the proper proceedings,
medium and maximum. From the lightest to the instead of pronouncing judgment of
most severe punishment to be imposed on the conviction, shall suspend all further
accused. proceedings and shall commit such minor to
the custody or care of a public or private,
Art. 78. When and how a penalty is to be benevolent or charitable institution,
executed. — No penalty shall be executed established under the law of the care,
except by virtue of a final judgment. correction or education of orphaned,
A penalty shall not be executed in any other homeless, defective, and delinquent children,
form than that prescribed by law, nor with or to the custody or care of any other
any other circumstances or incidents than responsible person in any other place subject
those expressly authorized thereby. to visitation and supervision by the Director of
In addition to the provisions of the law, the Public Welfare or any of his agents or
special regulations prescribed for the representatives, if there be any, or otherwise
government of the institutions in which the by the superintendent of public schools or his
penalties are to be suffered shall be observed representatives, subject to such conditions as
are prescribed herein below until such minor
shall have reached his majority age or for such or those persons liable to support him, if they
less period as the court may deem proper. are able to do so, in the discretion of the
The court, in committing said minor as court; Provided, That in case his parents or
provided above, shall take into consideration relatives or those persons liable to support
the religion of such minor, his parents or next him have not been ordered to pay said
of kin, in order to avoid his commitment to expenses or are found indigent and cannot
any private institution not under the control pay said expenses, the municipality in which
and supervision of the religious sect or the offense was committed shall pay one-third
denomination to which they belong. of said expenses; the province to which the
The Director of Public Welfare or his duly municipality belongs shall pay one-third; and
authorized representatives or agents, the the remaining one-third shall be borne by the
superintendent of public schools or his National Government: Provided, however,
representatives, or the person to whose That whenever the Secretary of Finance
custody or care the minor has been certifies that a municipality is not able to pay
committed, shall submit to the court every its share in the expenses above mentioned,
four months and as often as required in such share which is not paid by said
special cases, a written report on the good or municipality shall be borne by the National
bad conduct of said minor and the moral and Government. Chartered cities shall pay two-
intellectual progress made by him. thirds of said expenses; and in case a
The suspension of the proceedings against a chartered city cannot pay said expenses, the
minor may be extended or shortened by the internal revenue allotments which may be due
court on the recommendation of the Director to said city shall be withheld and applied in
of Public Welfare or his authorized settlement of said indebtedness in accordance
representative or agents, or the with section five hundred and eighty-eight of
superintendent of public schools or his the Administrative Code.
representatives, according as to whether the
conduct of such minor has been good or not : This article is connected with children in
and whether he has complied with the conflict with the law who has been deemed as a
conditions imposed upon him, or not. The convict although minority in age. The
provisions of the first paragraph of this article abovementioned article will prevail in cases
shall not, however, be affected by those such as these.
contained herein.
If the minor has been committed to the Art. 81-85
custody or care of any of the institutions : These articles pertain to the Death sentences,
mentioned in the first paragraph of this where the burial of the corpse should take
article, with the approval of the Director of place, or if in case the person to be executed is
Public Welfare and subject to such conditions a female (who in this case may be pregnant),
as this official in accordance with law may and where the execution will take place.
deem proper to impose, such minor may be
allowed to stay elsewhere under the care of a Art. 86. Reclusion perpetua, reclusion
responsible person. temporal, prision mayor, prision correccional
If the minor has behaved properly and has and arresto mayor. — The penalties of
complied with the conditions imposed upon reclusion perpetua, reclusion temporal,
him during his confinement, in accordance prision mayor, prision correccional and
with the provisions of this article, he shall be arresto mayor, shall be executed and served
returned to the court in order that the same in the places and penal establishments
may order his final release. provided by the Administrative Code in force
In case the minor fails to behave properly or or which may be provided by law in the
to comply with the regulations of the future.
institution to which he has been committed or
with the conditions imposed upon him when : This article provides where the convicts
he was committed to the care of a responsible serving the 1st scale of penalties are serving out
person, or in case he should be found there sentences.
incorrigible or his continued stay in such
institution should be inadvisable, he shall be Art. 87. Destierro. — Any person sentenced to
returned to the court in order that the same destierro shall not be permitted to enter the
may render the judgment corresponding to place or places designated in the sentence,
the crime committed by him. nor within the radius therein specified, which
The expenses for the maintenance of a minor shall be not more than 250 and not less than
delinquent confined in the institution to 25 kilometers from the place designated.
which he has been committed, shall be borne
totally or partially by his parents or relatives
: This article refers to the accused until where The crime of oral defamation and slander by
is his jurisdiction if he aggravated someone. deed shall prescribe in six months.
Light offenses prescribe in two months.
Art. 88. Arresto menor. — The penalty of When the penalty fixed by law is a compound
arresto menor shall be served in the municipal one, the highest penalty shall be made the
jail, or in the house of the defendant himself basis of the application of the rules contained
under the surveillance of an officer of the in the first, second and third paragraphs of
law, when the court so provides in its this article.
decision, taking into consideration the health
of the offender and other reasons which may : This refers to the crime committed and what
seem satisfactory to it. are the years to be served out.

: This article refers to where the accused will Art. 91. Computation of prescription of
serve out his sentence should he be imposed offenses. — The period of prescription shall
upon the penalty of arresto menor. commence to run from the day on which the
crime is discovered by the offended party, the
Art. 89. How criminal liability is totally authorities, or their agents, and shall be
extinguished. — Criminal liability is totally interrupted by the filing of the complaint or
extinguished: information, and shall commence to run again
1. By the death of the convict, as to the when such proceedings terminate without the
personal penalties and as to pecuniary accused being convicted or acquitted, or are
penalties, liability therefor is extinguished unjustifiably stopped for any reason not
only when the death of the offender occurs imputable to him.
before final judgment. The term of prescription shall not run when
: This refers to, when the during the service of the offender is absent from the Philippine
the sentence, the convict dies, the sentence Archipelago.
dies with him.
: This article refers to the day when the crime
2. By service of the sentence; has been discovered by the authorities and
: Upon finishing the service of the sentence, this should the convict flee to another country, his
is when the criminal liability gets extinguished. term of sentence will be interrupted and would
resume should he come back to the Philippines.
3. By amnesty, which completely extinguishes Art. 92. When and how penalties prescribe. —
the penalty and all its effects; The penalties imposed by final sentence
: Amnesty defined: the crime and the sentence prescribe as follows:
is totally extinguished 1. Death and reclusion perpetua, in twenty
years;
4. By absolute pardon; 2. Other afflictive penalties, in fifteen years;
: Pardon defined: it excuses the sentence, but 3. Correctional penalties, in ten years; with
not the liability, but in the case of absolute the exception of the penalty of arresto mayor,
pardon, everything is extinguished. which prescribes in five years;
4. Light penalties, in one year.
5. By prescription of the crime;
6. By prescription of the penalty; Art. 93. Computation of the prescription of
7. By the marriage of the offended woman, as penalties. — The period of prescription of
provided in Article 344 of this Code. penalties shall commence to run from the
: In the case of rape, should the rape victim date when the culprit should evade the
marry the rapist, the liability of the rapist will service of his sentence, and it shall be
be extinguished. interrupted if the defendant should give
himself up, be captured, should go to some
Art. 90. Prescription of crime. — Crimes foreign country with which this Government
punishable by death, reclusion perpetua or has no extradition treaty, or should commit
reclusion temporal shall prescribe in twenty another crime before the expiration of the
years. period of prescription.
Crimes punishable by other afflictive penalties
shall prescribe in fifteen years. Art. 94. Partial Extinction of criminal
Those punishable by a correctional penalty liability. — Criminal liability is extinguished
shall prescribe in ten years; with the partially:
exception of those punishable by arresto 1. By conditional pardon;
mayor, which shall prescribe in five years. 2. By commutation of the sentence; and
The crime of libel or other similar offenses
shall prescribe in one year.
3. For good conduct allowances which the passing away of the calamity or catastrophe to
culprit may earn while he is serving his in said article.
sentence.
: This occurs when a convict gives himself up
: This occurs when the person serving the after forty-eight (48) hours. His sentence gets
sentence has been pardoned, his sentence has commuted and 1/5th of the sentence is removed.
been cut or commuted and he has done good
conduct. Art. 99. Who grants time allowances. —
Whenever lawfully justified, the Director of
Art. 95. Obligation incurred by person Prisons shall grant allowances for good
granted conditional pardon. — Any person conduct. Such allowances once granted shall
who has been granted conditional pardon shall not be revoked.
incur the obligation of complying strictly with
the conditions imposed therein otherwise, his : It is the Director of Prisons who grants the
non-compliance with any of the conditions allowance for every good conduct.
specified shall result in the revocation of the
pardon and the provisions of Article 159 shall Art. 100. Civil liability of a person guilty of
be applied to him. felony. — Every person criminally liable for a
felony is also civilly liable.
: Those who have been pardoned have to follow
rules so as not to be convicted again. : It is true for those who has a criminal liability
has a civil liability (against persons, thing or
Art. 96. Effect of commutation of sentence. — moral as dictated by Art. 19, 20 and 21 of the
The commutation of the original sentence for Civil Code).
another of a different length and nature shall
have the legal effect of substituting the latter Art. 101. Rules regarding civil liability in
in the place of the former. certain cases. — The exemption from criminal
liability established in subdivisions 1, 2, 3, 5
Art. 97. Allowance for good conduct. — The and 6 of Article 12 and in subdivision 4 of
good conduct of any prisoner in any penal Article 11 of this Code does not include
institution shall entitle him to the following exemption from civil liability, which shall be
deductions from the period of his sentence: enforced subject to the following rules:
1. During the first two years of his First. In cases of subdivisions 1, 2, and 3 of
imprisonment, he shall be allowed a deduction Article 12, the civil liability for acts
of five days for each month of good behavior; committed by an imbecile or insane person,
2. During the third to the fifth year, inclusive, and by a person under nine years of age, or by
of his imprisonment, he shall be allowed a one over nine but under fifteen years of age,
deduction of eight days for each month of who has acted without discernment, shall
good behavior; devolve upon those having such person under
3. During the following years until the tenth their legal authority or control, unless it
year, inclusive, of his imprisonment, he shall appears that there was no fault or negligence
be allowed a deduction of ten days for each on their part.
month of good behavior; and Should there be no person having such insane,
4. During the eleventh and successive years of imbecile or minor under his authority, legal
his imprisonment, he shall be allowed a guardianship or control, or if such person be
deduction of fifteen days for each month of insolvent, said insane, imbecile, or minor shall
good behavior. respond with their own property, excepting
property exempt from execution, in
: This goes to show, that for every good accordance with the civil law.
behavior a convict has shown inside the prison Second. In cases falling within subdivision 4 of
cell, the days in the term of sentence shall be Article 11, the persons for whose benefit the
reduced. harm has been prevented shall be civilly liable
in proportion to the benefit which they may
Art. 98. Special time allowance for loyalty. — have received.
A deduction of one-fifth of the period of his The courts shall determine, in sound
sentence shall be granted to any prisoner discretion, the proportionate amount for
who, having evaded the service of his which each one shall be liable.
sentence under the circumstances mentioned When the respective shares cannot be
in Article 58 of this Code, gives himself up to equitably determined, even approximately, or
the authorities within 48 hours following the when the liability also attaches to the
issuance of a proclamation announcing the Government, or to the majority of the
inhabitants of the town, and, in all events,
whenever the damages have been caused with 1. Restitution;
the consent of the authorities or their agents, 2. Reparation of the damage caused;
indemnification shall be made in the manner 3. Indemnification for consequential damages.
prescribed by special laws or regulations.
Third. In cases falling within subdivisions 5 Art. 105. Restitution; How made. — The
and 6 of Article 12, the persons using violence restitution of the thing itself must be made
or causing the fears shall be primarily liable whenever possible, with allowance for any
and secondarily, or, if there be no such deterioration, or diminution of value as
persons, those doing the act shall be liable, determined by the court.
saving always to the latter that part of their The thing itself shall be restored, even though
property exempt from execution. it be found in the possession of a third person
who has acquired it by lawful means, saving to
: Still this is in connection to Arts. 19-21 of the the latter his action against the proper
Civil Code of the Philippines. person, who may be liable to him.
This provision is not applicable in cases in
Art. 102. Subsidiary civil liability of which the thing has been acquired by the
innkeepers, tavernkeepers and proprietors of third person in the manner and under the
establishments. — In default of the persons requirements which, by law, bar an action for
criminally liable, innkeepers, tavernkeepers, its recovery.
and any other persons or corporations shall be
civilly liable for crimes committed in their : The return of the value of such stolen object.
establishments, in all cases where a violation Or if it has sentimental value, you must return
of municipal ordinances or some general or the same or higher value.
special police regulation shall have been Ex: A man who in exchange for transportation
committed by them or their employees. took a pin of inestimable value from a woman
Innkeepers are also subsidiarily liable for the and her family. And because of that they were
restitution of goods taken by robbery or theft killed in the gas chambers. Should the next of
within their houses from guests lodging kin have a right on the pin?
therein, or for the payment of the value
thereof, provided that such guests shall have A: Yes, the next of kin has a right.
notified in advance the innkeeper himself, or
the person representing him, of the deposit of If in any way, an object of value taken by force
such goods within the inn; and shall from a person should be returned to the next of
furthermore have followed the directions kin, should the person pass on to the next life.
which such innkeeper or his representative
may have given them with respect to the care In the case at bar, a pin of inestimable value
and vigilance over such goods. No liability was taken from a woman and his family, in
shall attach in case of robbery with violence exchange they had to die in the gas chambers,
against or intimidation of persons unless her next of kin is claiming for the pin, and since
committed by the innkeeper's employees. she has passed away, the next of kin has a right
to the pin.
: In business establishments, the manager or
owner is liable civilly if anything went missing or Art. 106. Reparation; How made. — The court
was stolen. Same goes with the staff of the shall determine the amount of damage, taking
manager, if they committed a crime, the into consideration the price of the thing,
manager is held liable for their crimes. whenever possible, and its special sentimental
value to the injured party, and reparation
Art. 103. Subsidiary civil liability of other shall be made accordingly.
persons. — The subsidiary liability established
in the next preceding article shall also apply : When the object taken is damaged, one must
to employers, teachers, persons, and have it repaired to its original value.
corporations engaged in any kind of industry
for felonies committed by their servants, Art. 107. Indemnification; What is included. —
pupils, workmen, apprentices, or employees Indemnification for consequential damages
in the discharge of their duties. shall include not only those caused the
injured party, but also those suffered by his
: It is also applicable to employers, teachers, family or by a third person by reason of the
persons and discharges. crime.

Art. 104. What is included in civil liability. — : This includes paying to the family of the
The civil liability established in Articles 100, person whom the damage has been brought it
101, 102, and 103 of this Code includes: upon.
: Civil liability is extinguished according with the
Art. 108. Obligation to make restoration, provisions of the Civil Law.
reparation for damages, or indemnification
for consequential damages and actions to Art. 113. Obligation to satisfy civil liability. —
demand the same; Upon whom it devolves. — Except in case of extinction of his civil liability
The obligation to make restoration or as provided in the next preceding article the
reparation for damages and indemnification offender shall continue to be obliged to satisfy
for consequential damages devolves upon the the civil liability resulting from the crime
heirs of the person liable. committed by him, notwithstanding the fact
The action to demand restoration, reparation, that he has served his sentence consisting of
and indemnification likewise descends to the deprivation of liberty or other rights, or has
heirs of the person injured. not been required to serve the same by
reason of amnesty, pardon, commutation of
: This is to the heirs of the person to whom the sentence or any other reason.
damage has been brought upon, all obligations
of repair, indemnification and restoration. : If the person’s civil liability is not yet
extinguished then his obligation to pay for such
Art. 109. Share of each person civilly liable. — liability goes on until it has been satisfied.
If there are two or more persons civilly liable
for a felony, the courts shall determine the Act no. 4013 Indeterminate Sentence Law
amount for which each must respond. (ISLAW)

: Each person who is civilly liable must pay an Three (3) things to know about the
amount as determined by the courts. Indeterminate Sentence Law:

Art. 110. Several and subsidiary liability of 1) Its purpose;


principals, accomplices and accessories of a 2) Instances when it does not apply; and
felony; Preference in payment. — 3) How it operates
Notwithstanding the provisions of the next
preceding article, the principals, accomplices, Indeterminate Sentence Law governs whether
and accessories, each within their respective the crime is punishable under the Revised Penal
class, shall be liable severally (in solidum) Code or a special Law. It is not limited to
among themselves for their quotas, and violations of the Revised Penal Code.
subsidiaries for those of the other persons
liable. The purpose of the Indeterminate Sentence law
The subsidiary liability shall be enforced, first is to avoid prolonged imprisonment, because it
against the property of the principals; next, is proven to be more destructive than
against that of the accomplices, and, lastly, constructive to the offender. So, the purpose of
against that of the accessories. the Indeterminate Sentence Law in shortening
Whenever the liability in solidum or the the possible detention of the convict in jail is to
subsidiary liability has been enforced, the save valuable human resources.
person by whom payment has been made shall
have a right of action against the others for In determining the applicable penalty according
the amount of their respective shares. to the Indeterminate Sentence Law, there is no
need to mention the number of years, months
Art. 111. Obligation to make restitution in and days; it is enough that the name of the
certain cases. — Any person who has penalty is mentioned while the Indeterminate
participated gratuitously in the proceeds of a Sentence Law is applied.
felony shall be bound to make restitution in
an amount equivalent to the extent of such Crimes punished under special law carry only
participation. one penalty; there are no degree or periods.
Moreover, crimes under special law do not
: For accomplices who took part in a commission consider mitigating or aggravating circumstance
of the crime is liable as well and must pay that present in the commission of the crime.
which is payable.
Disqualification may be divided into three,
Art. 112. Extinction of civil liability. — Civil according to –
liability established in Articles 100, 101, 102,
and 103 of this Code shall be extinguished in (1) The time committed;
the same manner as obligations, in accordance (2) The penalty imposed; and
with the provisions of the Civil Law. (3) The offender involved.
benefit of probation. So even if he would be
The Indeterminate Sentence Law shall not apply convicted subsequently of a crime embraced in
to: the same title of the Revised Penal Code as that
of the earlier conviction, he is not disqualified
(1) Persons convicted of offense punishable from probation provided that the penalty of the
with death penalty or life imprisonment; current crime committed does not go beyond six
(2) Persons convicted of treason, years and the nature of the crime committed by
conspiracy or proposal to commit treason; him is not against public order, national security
(3) Persons convicted of misprision of or subversion.
treason, rebellion, sedition, espionage;
(4) Persons convicted of piracy; Although a person may be eligible for probation,
(5) Persons who are habitual delinquents; the moment he perfects an appeal from the
(6) Persons who shall have escaped from judgment of conviction, he cannot avail of
confinement or evaded sentence; probation anymore. So the benefit of probation
(7) Those who have been granted must be invoked at the earliest instance after
conditional pardon by the Chief Executive and conviction. He should not wait up to the time
hall have violated the term thereto; when he interposes an appeal or the sentence
(8) Those whose maximum term of has become final and executory. The idea is
imprisonment does not exceed one year, but not that probation has to be invoked at the earliest
to those already sentenced by final judgment at opportunity.
the time of the approval of Indeterminate
Sentence Law. Probation shall be denied if the court finds:

Presidential Decree No. 968 (Probation Law) (1) That the offender is in need of
correctional treatment that can be provided
Probation is a manner of disposing of an accused most effectively by his commitment to an
who have been convicted by a trial court by institution;
placing him under supervision of a probation (2) That there is undue risk that during the
officer, under such terms and conditions that period of probation the offender will commit
the court may fix. This may be availed of another crime; or
before the convict begins serving sentence by
final judgment and provided that he did not (3) Probation will depreciate the
appeal anymore from conviction. seriousness of the crime.

Without regard to the nature of the crime, only The probation law imposes two kinds of
those whose penalty does not exceed six years conditions:
of imprisonment are those qualified for
probation. If the penalty is six years plus one (1) Mandatory conditions; and
day, he is no longer qualified for probation. (2) Discretionary conditions.

If the offender was convicted of several offenses Mandatory conditions:


which were tried jointly and one decision was
rendered where multiple sentences imposed (1) The convict must report to the
several prison terms as penalty, the basis for Probation Officer (PO) designated in the court
determining whether the penalty disqualifies order approving his application for Probation
the offender from probation or not is the term within 72 hours from receipt of Notice of such
of the individual imprisonment and not the order approving his application; and
totality of all the prison terms imposed in the (2) The convict, as a probationer, must
decision. So even if the prison term would sum report to the PO at least once a month during
up to more than six years, if none of the the period of probation unless sooner required
individual penalties exceeds six years, the by the PO.
offender is not disqualified by such penalty from
applying for probation. These conditions being mandatory, the moment
Ex: May a recidivist be given the benefit of any of these is violate, the probation is
Probation Law? cancelled.

A: As a general rule, no. Discretionary conditions:


The trial court which approved the application
Exception: If the earlier conviction refers to a for probation may impose any condition which
crime the penalty of which does not exceed 30 may be constructive to the correction of the
days imprisonment or a fine of not more than offender, provided the same would not violate
P200.00, such convict is not disqualified of the the constitutional rights of the offender and
subject to this two restrictions: (1) the
conditions imposed should not be unduly
restrictive of the probationer; and (2) such
condition should not be incompatible with the
freedom of conscience of the probationer.