Callanta Notes

1
Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA

*** CULLED FROM THE BOOKS OF REYES, GREGORIO, PALATTAO
& SANDOVAL WITH EXCERPTS FROM ORTEGA NOTES
Criminal Law A branch of municipal law which defines crimes, treats of
their nature and provides for their punishment.
Legal Basis of Punishment
The power to punish violators of criminal law comes within the
police power of the state. It is the injury inficted to the public which
a criminal action seeks to redress, and not the injury to the
individual.
The objective of the punishment is two-fold: absolute and relative.
The absolute theory is to infict punishment as a form of
retributive justice. It is to destroy wrong in its efort to annihilate
right, to put an end to the criminal activity of the ofender.
On the other hand, the relative theory purports to prevent
the ofender from further ofending public right or to the right to
repel an imminent or actual aggression, eemplary or by way of
eample to others not to follow the path taken by the ofender and
ultimately for reformation or to place him under detention to teach
him the obligations of a law!abiding citi"en.
Power to Enact Penal Laws
Only the legislative branch of the government can enact penal
laws. #hile the $resident may de%ne and punish an act as a crime,
such eercise of power is not eecutive but legislative as he derives
such power from the law!making body. It is in essence, an eercise
of legislative power by the &hief 'ecutive.
Limitations on the power of Congress to enact penal laws
1. Must be general in application.
2. Must not partake of the nature of an ex post facto law.
3. Must not partake of the nature of a bill of attainder.
4. Must not impose cruel and unusual punishment or excessive fines.
Characteristics of Criminal Law: (G.T.P.)
1. General the law is binding to all persons who reside in the !hilippines
Generality of criminal law means that the criminal law of the country governs
all persons within the country regardless of their race, belief, sex, or creed.
1
2
However, it is subject to certain exceptions brought about by international
agreement. Ambassadors, chiefs of states and other diplomatic officials are
immune from the application of penal laws when the" are in the countr" where
the" are assigned.

Note that consuls are not diplomatic officers. #his includes consul$general,
vice$consul or an" consul in a foreign countr", who are therefore, not immune
to the operation or application of the penal law of the countr" where the" are
assigned. %onsuls are sub&ect to the penal laws of the countr" where the"
are assigned.
It has no reference to territory. 'henever "ou are asked to explain this, it
does not include territor". (t refers to persons that ma" be governed b" the
penal law.
Exceptions to general application of criminal law:
a( principles of public international law
b( treaties or treaty stipulations
c( laws of preferential application
2. Territorial the law is binding to all crimes committed within the )ational
#erritor" of the !hilippines
Exception to Territorial Application* (nstances enumerated under Article 2.
Territoriality means that the penal laws of the countr" have force and effect
onl" within its territor". (t cannot penali+e crimes committed outside the same.
#his is sub&ect to certain exceptions brought about b" international
agreements and practice. #he territor" of the countr" is not limited to the land
where its sovereignt" resides but includes also its maritime and interior waters
as well as its atmosphere.
Terrestrial jurisdiction is the &urisdiction exercised over land.
Fluvial jurisdiction is the &urisdiction exercised over maritime and interior
waters.
erial jurisdiction is the &urisdiction exercised over the atmosphere.
The Archipelagic Rule
ll bodies of water comprising the maritime !one and interior waters
abounding different islands comprising the "hilippine rchipelago are part of
the "hilippine territory regardless of their breadth, depth, width or dimension.
What Determines Jurisdiction in a Criminal Case?
). $lace where the crime was committed*
+. The nature of the crime committed* and
,. The person committing the crime.
3. Prospective (Prospectivity) the law does not have an" retroactive effect.
2
3
Exception to Prospective Application: when new statute is favorable to the
accused.

#his is also called irretrospectivity.
cts or omissions will only be subject to a penal law if they are committed
after a penal law had already ta#en effect. ,ice$versa, this act or omission
which has been committed before the effectivit" of a penal law could not be
penali+ed b" such penal law because penal laws operate onl" prospectivel".
The exception where a penal law may be given retroactive application is
true only with a repealing law. If it is an original penal law, that exception
can never operate. 'hat is contemplated b" the exception is that there is an
original law and there is a repealing law repealing the original law. (t is the
repealing law that ma" be given retroactive application to those who violated
the original law, if the repealing penal law is more favorable to the offender
who violated the original law. (f there is onl" one penal law, it can never be
given retroactive effect.
ffect of repeal of penal law to lia!ilit" of offen#er
A repeal is absolute or total when the crime punished under the repealed
law has been decriminali!ed by the repeal. $ecause of the repeal, the act or
omission which used to be a crime is no longer a crime. An example is
-epublic Act )o. .3/3, which decriminali+ed subversion.
A repeal is partial or relative when the crime punished under the repealed
law continues to be a crime inspite of the repeal. This means that the repeal
merely modified the conditions affecting the crime under the repealed law.
#he modification ma" be pre&udicial or beneficial to the offender. 0ence, the
following rule*
Conse$uences if repeal of penal law is total or a!solute
%&' If a case is pending in court involving the violation of the repealed law, the
same shall be dismissed, even though the accused may be a habitual
delin(uent. #his is so because all persons accused of a crime are
presumed innocent until the" are convicted b" final &udgment.
Therefore, the accused shall be ac(uitted.
%)' If a case is already decided and the accused is already serving sentence by
final judgment, if the convict is not a habitual delin(uent, then he will be
entitled to a release unless there is a reservation clause in the penal
law that it will not apply to those serving sentence at the time of the
repeal. $ut if there is no reservation, those who are not habitual
delin(uents even if they are already serving their sentence will receive
the benefit of the repealing law. They are entitled to release.
This does not mean that if they are not released, they are free to
escape. (f the" escape, the" commit the crime of evasion of sentence,
3
4
even if there is no more legal basis to hold them in the penitentiar".
#his is so because prisoners are accountabilities of the government1
the" are not supposed to step out simpl" because their sentence has
alread" been, or that the law under which the" are sentenced has been
declared null and void.
(f the" are not discharged from confinement, a petition for habeas
corpus should be filed to test the legalit" of their continued confinement
in &ail.
If the convict, on the other hand, is a habitual delinquent, he will
continue serving the sentence in spite of the fact that the law under
which he was convicted has already been absolutely repealed. #his is
so because penal laws should be given retroactive application to favor
onl" those who are not habitual delin2uents.
Conse$uences if repeal of penal law is partial or relative
%&' If a case is pending in court involving the violation of the repealed law, and
the repealing law is more favorable to the accused, it shall be the one
applied to him. 3o whether he is a habitual delin2uent or not, if the
case is still pending in court, the repealing law will be the one to appl"
unless there is a saving clause in the repealing law that it shall not
appl" to pending causes of action.
425 If a case is already decided and the accused is already serving sentence by
final judgment, even if the repealing law is partial or relative, the crime
still remains to be a crime. Those who are not habitual delin(uents will
benefit on the effect of that repeal, so that if the repeal is more lenient
to them, it will be the repealing law that will henceforth apply to them.
Express or implied repeal. 6xpress or implied repeal refers to the manner
the repeal is done.
Express repeal ta#es place when a subse(uent law contains a provision that
such law repeals an earlier enactment. 7or example, in -epublic Act )o.
/428 4#he 9angerous 9rugs Act of 1:.25, there is an express provision of
repeal of #itle , of the -evised !enal %ode.
Implied repeals are not favored. It re(uires a competent court to declare an
implied repeal. n implied repeal will ta#e place when there is a law on a
particular subject matter and a subse(uent law is passed also on the same
subject matter but is inconsistent with the first law, such that the two laws
cannot stand together, one of the two laws must give way. It is the earlier that
will give way to the later law because the later law expresses the recent
legislative sentiment. 3o "ou can have an implied repeal when there are two
inconsistent laws. 'hen the earlier law does not expressl" provide that it is
repealing an earlier law, what has taken place here is implied repeal. (f the
two laws can be reconciled, the court shall alwa"s tr" to avoid an implied
repeal.
4
8
7or e%ample, under Article :, light felonies are those infractions of the law for
the commission of which a penalt" of arresto ma"or or a fine not exceeding
!2;;.;; or both is provided. <n the other hand, under Article 2/, a fine
whether imposed as a single or an alternative penalt", if it exceeds !/,;;;.;;
but is not less than ! 2;;.;;, is considered a correctional penalt". #hese two
articles appear to be inconsistent. 3o to harmoni+e them, the 3upreme %ourt
ruled that if the issue involves the prescription of the crime, that felon" will be
considered a light felon" and, therefore, prescribes within two months. =ut if
the issue involves prescription of the penalt", the fine of !2;;.;; will be
considered correctional and it will prescribe within 1; "ears. %learl", the court
avoided the collision between the two articles.
Conse$uences if repeal of penal law is e%press or implie#
%&' If a penal law is impliedly repealed, the subse(uent repeal of the
repealing law will revive the original law. 3o the act or omission which
was punished as a crime under the original law will be revived and the
same shall again be crimes although during the implied repeal the"
ma" not be punishable.

%)' If the repeal is express, the repeal of the repealing law will not revive the
first law, so the act or omission will no longer be penali+ed.
These effects of repeal do not apply to self-repealing laws or those which
have automatic termination. An example is the -ent %ontrol >aw which is
revived b" %ongress ever" two "ears.
'hen there is a repeal, the repealing law expresses the legislative intention to
do awa" with such law, and, therefore, implies a condonation of the
punishment. 3uch legislative intention does not exist in a self$terminating law
because there was no repeal at all.
In Co v. CA decided on !ctober "# $%%& it was held that the principle of
prospectivity of statutes also applies to administrative rulings and circulars.
Theories of Criminal Law
1. Classical Theor" Man is essentiall" a moral creature with an absolute
free will to choose between good and evil and therefore more stress is
placed upon the result of the felonious act than upon the criminal himself.
The purpose of penalty is retribution. The offender is made to suffer for the
wrong he has done. There is scant regard for the human element of the
crime. The law does not loo# into why the offender committed the crime.
*apital punishment is a product of this #ind of this school of thought. +an is
regarded as a moral creature who understands right from wrong. ,o that
when he commits a wrong, he must be prepared to accept the punishment
therefore.
8
/
2. Positivist Theor" Man is subdued occasionall" b" a strange and morbid
phenomenon which conditions him to do wrong in spite of or contrar" to
his volition.
-&rime is essentially a social and natural phenomenon(
The purpose of penalty is reformation. There is great respect for the human
element because the offender is regarded as socially sic# who needs
treatment, not punishment. *rimes are regarded as social phenomena which
constrain a person to do wrong although not of his own volition
clectic or &i%e# Philosoph"
This combines both positivist and classical thin#ing. *rimes that are
economic and social and nature should be dealt with in a positivist manner-
thus, the law is more compassionate. Heinous crimes should be dealt with in
a classical manner- thus, capital punishment.
'ources of Criminal Law
1. #he -evised !enal %ode
2. 3pecial !enal >aws Acts enacted of the !hilippine >egislature punishing
offenses or omissions.
Construction of Penal Laws
1. %riminal 3tatutes are liberall" construed in favor of the offender. #his
means that no person shall be brought within their terms who is not clearl"
within them, nor should an" act be pronounced criminal which is not
clearl" made so b" statute.
2. #he original text in which a penal law is approved in case of a conflict with
an official translation.
3. (nterpretation b" analog" has no place in criminal law
(A')C &A*)&' )+ CR)&)+AL LA,
-octrine of Pro Reo
.henever a penal law is to be construed or applied and the law admits of two
interpretations / one lenient to the offender and one strict to the offender /
that interpretation which is lenient or favorable to the offender will be adopted.
#his is in consonance with the fundamental rule that all doubts shall be
construed in favor of the accused and consistent with presumption of
innocence of the accused. #his is peculiar onl" to criminal law.
+ullum crimen. nulla poena sine lege
There is no crime when there is no law punishing the same. #his is true to
civil law countries, but not to common law countries.
=ecause of this maxim, there is no common law crime in the "hilippines. )o
matter how wrongful, evil or bad the act is, if there is no law defining the act,
the same is not considered a crime.
/
.
%ommon law crimes are wrongful acts which the communit"?societ"
condemns as contemptible, even though there is no law declaring the act
criminal.
)ot an" law punishing an act or omission ma" be valid as a criminal law. (f
the law punishing an act is ambiguous, it is null and void.
Actus non facit reum. nisi mens sit rea
The act cannot be criminal where the mind is not criminal. #his is true to a
felon" characteri+ed b" dolo, but not a felon" resulting from culpa. #his
maxim is not an absolute one because it is not applied to culpable felonies, or
those that result from negligence.
/tilitarian Theor" or Protective Theor"
The primary purpose of the punishment under criminal law is the protection of
society from actual and potential wrongdoers. #he courts, therefore, in
exacting retribution for the wronged societ", should direct the punishment to
potential or actual wrongdoers, since criminal law is directed against acts and
omissions which the societ" does not approve. %onsistent with this theor",
the mala prohibita principle which punishes an offense regardless of malice or
criminal intent, should not be utili+ed to appl" the full harshness of the special
law.
In 'agno v CA decided on (une ") $%%". the 3upreme %ourt ac2uitted
Magno of violation of =atas !ambansa =lg. 22 when he acted without malice.
The wrongdoer is not +agno but the lessor who deposited the chec#s. He
should have returned the chec#s to +agno when he pulled out the e(uipment.
#o convict the accused would defeat the noble ob&ective of the law and the
law would be tainted with materialism and opportunism.
&ALA )+ ' A+- &ALA PR01)()TA
iolations of the !evised Penal "ode are referred to as malum in se, which
literall" means, that the act is inherentl" evil or bad or per se wrongful. <n the
other hand, violations of special laws are generall" referred to as malum
prohibitum.
)ote, however, that not all violations of special laws are mala prohibita. 'hile
intentional felonies are alwa"s mala in se, it does not follow that prohibited
acts done in violation of special laws are alwa"s mala prohibita. 0ven if the
crime is punished under a special law, if the act punished is one which is
inherently wrong, the same is malum in se, and, therefore, good faith and the
lac# of criminal intent is a valid defense- unless it is the product of criminal
negligence or culpa.
.
@
>ikewise when the special laws re(uires that the punished act be committed
#nowingly and willfully, criminal intent is re(uired to be proved before criminal
liability may arise.
.hen the act penali!ed is not inherently wrong, it is wrong onl" because a law
punishes the same.
7or example, !residential 9ecree )o. 832 punishes pirac" in !hilippine
waters and the special law punishing brigandage in the highwa"s. #hese acts
are inherentl" wrong and although the" are punished under special law, the
acts themselves are mala in se1 thus, good faith or lack of criminal intent is a
defense.
Mala in se vs. Mala prohibita
Crimes mala in se Crimes mala prohibita
Those so serious in their efects
on society as to call for almost
unanimous condemnation of its
members*
Those violations of mere rules of
convenience designed to secure
a more orderly regulation of the
afairs of society
&riminal intent necessary &riminal intent is not necessary
.efers generally to felonies
de%ned and penali"ed by the
.evised $enal &ode
.efers generally to acts made
criminal by special laws
-istinction !etween crimes punishe# un#er the Revise# Penal Co#e an#
crimes punishe# un#er special laws
1. #s to moral trait of the offender
In crimes punished under the 1evised "enal *ode, the moral trait of
the offender is considered. #his is wh" liabilit" would onl" arise when
there is dolo or culpa in the commission of the punishable act.
In crimes punished under special laws, the moral trait of the offender is
not considered1 it is enough that the prohibited act was voluntaril"
done.
2. #s to use of good faith as defense
In crimes punished under the 1evised "enal *ode, good faith or lack of
criminal intent is a valid defense1 unless the crime is the result of culpa
In crimes punished under special laws, good faith is not a defense
3. #s to degree of accomplishment of the crime
In crimes punished under the 1evised "enal *ode, the degree of
accomplishment of the crime is taken into account in punishing the
@
:
offender1 thus, there are attempted, frustrated, and consummated
stages in the commission of the crime.
In crimes punished under special laws, the act gives rise to a crime
onl" when it is consummated1 there are no attempted or frustrated
stages, unless the special law expressl" penali+e the mere attempt or
frustration of the crime.
4. #s to mitigating and aggravating circumstances
In crimes punished under the 1evised "enal *ode, mitigating and
aggravating circumstances are taken into account in imposing the
penalt" since the moral trait of the offender is considered.
In crimes punished under special laws, mitigating and aggravating
circumstances are not taken into account in imposing the penalt".
8. #s to degree of participation
In crimes punished under the 1evised "enal *ode, when there is more
than one offender, the degree of participation of each in the
commission of the crime is taken into account in imposing the penalt"1
thus, offenders are classified as principal, accomplice and accessor".
In crimes punished under special laws, the degree of participation of
the offenders is not considered. All who perpetrated the prohibited act
are penali+ed to the same extent. #here is no principal or accomplice
or accessor" to consider.
Test to #etermine if violation of special law is malum prohi!itum or
malum in se
Anal"+e the violation* (s it wrong because there is a law prohibiting it or
punishing it as suchA (f "ou remove the law, will the act still be wrongA
If the wording of the law punishing the crime uses the word 2willfully3, then
malice must be proven. .here malice is a factor, good faith is a defense.
In violation of special law, the act constituting the crime is a prohibited act.
Therefore culpa is not a basis of liability, unless the special law punishes an
omission.
$hen given a problem, ta%e note if the crime is a violation of the !evised Penal
"ode or a special law&
Art. 2. This Co#e shall ta3e effect on 4anuar" 2. 2567.
:
1;
Art. 7. #pplication of its provisions. 88 Except as provided in the treaties
and laws of preferential application. the provisions of this Co#e shall !e
enforce# not onl" within the Philippine Archipelago inclu#ing its
atmosphere. its interior waters an# &aritime 9one. !ut also outsi#e of its
:uris#iction. against those who:
2. 'houl# commit an offense while on a Philippine ship or airship;
7. 'houl# forge or counterfeit an" coin or currenc" note of the
Philippine )slan#s or o!ligations an# securities issue# !" the
Government of the Philippine )slan#s;
6. 'houl# !e lia!le for acts connecte# with the intro#uction into
these islan#s of the o!ligations an# securities mentione# in the
prece#ing num!er;
<. ,hile !eing pu!lic officers or emplo"ees. shoul# commit an
offense in the e%ercise of their functions; or 4,ome of these crimes are
bribery, fraud against national treasury, malversation of public funds or
property, and illegal use of public funds- e.g., judge who accepts a bribe
while in 4apan.'
=. 'houl# commit an" crimes against the national securit" an#
the law of nations. #efine# in Title 0ne of (oo3 Two of this Co#e. %These
crimes include treason, espionage, piracy, mutiny, inciting to war or giving
motives for reprisals, correspondence with hostile country, flight to enemy5s
country and violation of neutrality'
*ules as to crimes committed aboard foreign merchant vessels+
'& >rench Rule 3uch crimes are not triable in the courts of that countr",
unless their commission affects the peace and securit" of the territor" or
the safet" of the state is endangered.
(& nglish Rule 3uch crimes are triable in that countr", unless the"
merel" affect things within the vessel or the" refer to the internal
management thereof. ()his is applicable in the Philippines)
Re$uirements of ?an offense committe# while on a Philippine 'hip or
Airship@
1. -egistered with the !hilippine =ureau of %ustoms
2. 3hip must be in the high seas or the airship must be in international
airspace.
Bnder international law rule, a vessel which is not registered in accordance
with the laws of any country is considered a pirate vessel and pirac" is a
crime against humanit" in general, such that wherever the pirates ma" go,
the" can be prosecuted.
1;
11
*+ v& ,ull
A crime which occurred on board of a foreign vessel, which began when
the ship was in a foreign territor" and continued when it entered into
!hilippine waters, is considered a continuing crime. 0ence within the
&urisdiction of the local courts.
#wo situations where the foreign countr" ma" not appl" its criminal law even if
a crime was committed on board a vessel within its territorial waters and these
are*
%&' .hen the crime is committed in a war vessel of a foreign country,
because war vessels are part of the sovereignt" of the countr" to
whose naval force the" belong-
%)' .hen the foreign country in whose territorial waters the crime was
committed adopts the French 1ule, which applies onl" to merchant
vessels, except when the crime committed affects the national securit"
or public order of such foreign countr".
,hen pu!lic officers or emplo"ees commit an offense in the e%ercise of
their functions
s a general rule, the -evised !enal %ode governs onl" when the crime
committed pertains to the exercise of the public officialCs functions, those
having to do with the discharge of their duties in a foreign countr". #he
functions contemplated are those, which are, under the law, to be performed
b" the public officer in the 7oreign 3ervice of the !hilippine government in a
foreign countr".
Exception6 #he -evised !enal %ode governs if the crime was committed
within the !hilippine 6mbass" or within the embass" grounds in a foreign
countr". #his is because embass" grounds are considered an extension of
sovereignt".
Art 6. -efinitions& 88 Acts an# omissions punisha!le !" law are felonies
(delitos).
>elonies are committe# not onl" !" means of #eceit ,dolo)!ut also !"
means of fault ,culpa-.
There is #eceit when the act is performe# with #eli!erate intent; an#
there is fault when the wrongful results from impru#ence. negligence.
lac3 of foresight. or lac3 of s3ill.
Acts an overt or external act
0mission failure to perform a dut" re2uired b" law.
11
12
#o be considered as a felon" there must be an act or omission1 a mere
imagination no matter how wrong does not amount to a felon". An act refers
to an" kind of bod" movement that produces change in the outside world.
In felony by omission however, there must be a law
re/uiring the doing or the performance of an act. Thus, mere
passive presence at the scene of the crime, mere silence and failure
to give the alarm, without evidence of agreement or conspiracy is
not punishable.
0xample of an omission6 failure to render assistance to an"one who is in
danger of d"ing or is in an uninhabited place or is wounded $ abandonment.
>elonies $ acts and omissions punishable b" the -evised !enal %ode
0ffense$ crimes punished under special law
&is#emeanor$ minor infraction of law, such as violation of ordinance
Crime $ acts and omissions punishable b" an" law
10, >L0+)' AR C0&&)TT-:
1. by means of deceit (dolo) $ #here is deceit when the act is performed with
deliberate intent.
*e.uisites+
a. freedom
b. intelligence
c. intent
6xamples* murder, treason, and robber".
2. by means of fault (culpa) $ #here is fault when the wrongful act results
from imprudence, negligence, lack of foresight, or lack of skill.
a. imprudence $ deficienc" of action1 e.g. A was driving a truck along
a road. 0e hit = because it was raining $ reckless imprudence.
b. /egligence $ deficienc" of perception1 failure to foresee impending
danger, usuall" involves lack of foresight
c. *e.uisites+
1. 7reedom
2. (ntelligence
3. (mprudence, negligence, lack of skill or foresight
4. >ack of intent
Intentional felonies vs. Culpable elonies
Intentional Felonies Culpable Felonies
0ct or omission is malicious 0ct or omission is not malicious
Ofender has the intention to
cause an injury to another
Ofender has no intention to
cause injury
0ct performed or omission 0ct or omission results from
12
13
incurred with deliberate intent imprudence, negligence, lack or
foresight or lack of skill
0oluntariness comprehends the concurrence of freedom of action,
intelligence and the fact that the act was intentional. In culpable felonies,
there is no voluntariness if either freedom, intelligence or imprudence,
negligence, lack of foresight or lack of skill is lacking. .ithout voluntariness,
there can be no dolo or culpa, hence, there is no felony.
Criminal )ntent
*riminal Intent is not deceit. 9o not use deceit in translating dolo, because
the nearest translation is deliberate intent.
In criminal law, intent is categori.ed into two/
%&' 7eneral criminal intent- and
%)' ,pecific criminal intent.
General criminal intent is presumed from the mere doing of a wrong act.
#his does not re2uire proof. #he burden is upon the wrong doer to prove that
he acted without such criminal intent.

1pecific criminal intent is not presumed because it is an ingredient or
element of a crime, like intent to kill in the crimes of attempted or frustrated
homicide?parricide?murder. #he prosecution has the burden of proving the
same.
"riminal intent is not necessary in these cases/
%&' 'hen the crime is the product of culpa or negligence, reckless
imprudence, lack of foresight or lack of skill1
425 'hen the crime is a prohibited act under a special law or what is
called malum prohibitum.
8istinction between intent and discernment
Intent is the determination to do a certain thing, an aim or purpose of the
mind. (t is the design to resolve or determination b" which a person acts.
<n the other hand, discernment is the mental capacit" to tell right from wrong.
(t relates to the moral significance that a person ascribes to his act and relates
to the intelligence as an element of dolo, distinct from intent.
8istinction between intent and motive
13
14
Intent is demonstrated b" the use of a particular means to bring about a
desired result it is not a state of mind or a reason for committing a crime.
<n the other hand, motive implies motion. (t is the moving power which
impels one to do an act. 'hen there is motive in the commission of a crime, it
alwa"s comes before the intent. =ut a crime ma" be committed without
motive.
If the crime is intentional, it cannot be committed without intent . (ntent is
manifested b" the instrument used b" the offender. #he specific criminal
intent becomes material if the crime is to be distinguished from the attempted
or frustrated stage.
*riminal intent is on the basis of the act, not on the basis if what the offender
says.
9oo# into motive to determine the proper crime which can be imputed to the
accused

'ista2e of fact - is a misapprehension of fact on the part of the person
who caused in&ur" to another. 0e is not criminally liable.
a. *e.uisites*
1. that the act done would have been lawful had the facts been as the
accused believed them to be1
2. intention of the accused is lawful1
3. mistake must be without fault of carelessness.

+ista#e of fact would be relevant only when the felony would have been
intentional or through dolo, but not when the felony is a result of culpa. .hen
the felony is a product of culpa, do not discuss mista#e of fact
It eists when a person who in the eercise of due diligence,
acts under the infuence of an erroneous appreciation of facts, which
if true would relieve him from criminal responsibility.
It is an omission or commission performed by the individual
which is the result of a misconception or misapprehension of events
or facts before him which in law is considered voluntary. The
accused performed acts or omissions which would be lawful, had it
been true as he perceived them to be. To be an absolutory cause,
the mistake of facts as committed must originate from legitimate
sentiment or intention. The further re/uirement in order to escape
criminal responsibility, must be, that the mistake of facts was done
without negligence. The good faith of the ofender maybe derived
from the se/uence of events, before, during and after the alleged
mistake of facts. If at anytime there is a showing that the actor was
14
18
at fault for not eercising ordinary prudence, then he will be liable
criminally, not however for dolo, but for culpa.
b. 6xample6 :nited ,tates v. h *hong.
Ah %hong being afraid of bad elements, locked himself in his
room b" placing a chair against the door. After having gone to bed, he
was awakened b" somebod" who was tr"ing to open the door. 0e
asked the identit" of the person, but he did not receive a response.
7earing that this intruder was a robber, he leaped out of bed and said
that he will kill the intruder should he attempt to enter. At that moment,
the chair struck him. =elieving that he was attacked, he sei+ed a knife
and fatall" wounded the intruder.
&ens rea
#he technical term mens rea is sometimes referred to in common parlance as
the gravamen of the offense. #o a la"man, that is what "ou call the 2bullseye3
of the crime. #his term is used s"non"mousl" with criminal or deliberate
intent, but that is not exactl" correct.
+ens rea of the crime depends upon the elements of the crime. Dou can onl"
detect the mens rea of a crime b" knowing the particular crime committed.
'ithout reference to a particular crime, this term is meaningless. 7or
example, in theft, the mens rea is the taking of the propert" of another with
intent to gain. (n falsification, the mens rea is the effecting of the forger" with
intent to pervert the truth. (t is not merel" writing something that is not true1 the
intent to pervert the truth must follow the performance of the act.
In criminal law, we sometimes have to consider the crime on the basis of
intent. 7or example, attempted or frustrated homicide is distinguished from
ph"sical in&uries onl" b" the intent to kill. Attempted rape is distinguished from
acts of lasciviousness b" the intent to have sexual intercourse. (n robber", the
mens rea is the taking of the propert" of another coupled with the emplo"ment
of intimidation or violence upon persons or things1 remove the emplo"ment of
force or intimidation and it is not robber" an"more.
Real concept of culpa
Bnder Article 3, it is clear that culpa is just a modality by which a felony may
be committed. A felon" ma" be committed or incurred through dolo or culpa.
*ulpa is just a means by which a felony may result.
The concept of criminal negligence is the inexcusable lac# of precaution on
the part of the person performing or failing to perform an act. (f the danger
impending from that situation is clearl" manifest, "ou have a case of rec#less
imprudence. =ut if the danger that would result from such imprudence is not
clear, not manifest nor immediate "ou have onl" a case of simple negligence.
Art. <. "riminal liability.88 Criminal lia!ilit" shall !e incurre#:
18
1/
2. (" an" person committing a felon". although the wrongful act
#one !e #ifferent from that which he inten#e#.
In the %rst paragraph, two elements must be present1
). 0 felony committed* and
+. The felony committed resulted in the commission of another
felony.

The re/uirement however, must be, that the resulting other felony
or felonies must be direct, material and logical conse/uence of the
felony committed even if the same is not intended or entirely
diferent from what was in the mind of the ofender.
3octrine of 4roximate Cause such ade2uate and efficient cause as, in
the natural order of events, and under the particular circumstances
surrounding the case, which would necessaril" produce the event.
*e.uisites+
a. the direct, natural, and logical cause
b. produces the in&ur" or damage
c. unbroken b" an" sufficient intervening cause
d. without which the result would not have occurred
4roximate Cause is negated by+
a. Active force, distinct act, or fact absolutel" foreign from the
felonious act of the accused, which serves as a sufficient
intervening cause.
b. -esulting in&ur" or damage is due to the intentional act of the victim.
1e(uisite for "resumption that the blow was cause of the death 'here
there has been an in&ur" inflicted sufficient to produce death followed b"
the demise of the person, the presumption arises that the in&ur" was the
cause of the death. "rovided6
a. victim was in normal health
b. death ensued within a reasonable time
'ven if other causes cooperated in producing the fatal result
as long as the wound inficted is dangerous, that is, calculated to
destroy or endanger life, the actor is liable. This is true even though
the immediate cause of death was erroneous or unskillful medical
treatment, refusal of the victim to submit to surgical operation, or
that the deceased was sufering from tuberculosis, heart disease or
other internal malady or that the resulting injury was aggravated by
infection.
1/
1.
There must however be no e!cient intervening cause.
Article 4, paragraph 1 presupposes that the act done is the proximate cause
of the resulting felon". It must be the direct, natural, and logical conse(uence
of the felonious act.
4roximate cause is that cause which sets into motion other causes and
which unbroken b" an" efficient supervening cause produces a felon" without
which such felon" could not have resulted. s a general rule, the offender is
criminall" liable for all the conse2uences of his felonious act, although not
intended, if the felonious act is the proximate cause of the felon" or resulting
felon". proximate cause is not necessarily the immediate cause. #his ma"
be a cause which is far and remote from the conse2uence which sets into
motion other causes which resulted in the felon".
(n criminal law, as long as the act of the accused contributed to the death of
the victim, even if the victim is about to die, he will still be liable for the
felonious act of putting to death that victim.
proximate cause does not re(uire that the offender needs to actually touch
the body of the offended party. (t is enough that the offender generated in the
mind of the offended part" the belief that made him risk himself.
The one who caused the proximate cause is the one liable. The one who
caused the immediate cause is also liable, but merely contributory or
sometimes totally not liable.
Causes which produce a different result+
a. 'ista2e in identity of the victim in&uring one person who is
mistaken for another e.g., A intended to shoot =, but he instead shot %
because he 4A5 mistook % for =.
In error in personae, the intended victim was not at the scene of the crime. (t
was the actual victim upon whom the blow was directed, but he was not reall"
the intended victim
5ow does error in personae affect criminal liability of the offender;
0rror in personae is mitigating if the crime committed is different from that
which was intended. If the crime committed is the same as that which was
intended, error in personae does not affect the criminal liabilit" of the offender.
In mista#e of identity, if the crime committed was the same as the crime
intended, but on a different victim, error in persona does not affect the criminal
liabilit" of the offender. $ut if the crime committed was different from the
crime intended, Article 4: will appl" and the penalt" for the lesser crime will be
applied. (n a wa", mistake in identit" is a mitigating circumstance where
1.
1@
Article 4: applies. .here the crime intended is more serious than the crime
committed, the error in persona is not a mitigating circumstance
In any event, the offender is prosecuted for the crime committed not for the
crime intended.
b. 'ista2e in blow hitting somebod" other than the target due to lack of
skill or fortuitous instances 4this is a complex crime under Art. 4@5 e.g.,
= and % were walking together. A wanted to shoot =, but he instead
in&ured %.
In aberratio ictus, a person directed the blow at an intended victim, but
because of poor aim, that blow landed on somebod" else. In aberratio ictus,
the intended victim as well as the actual victim are both at the scene of the
crime.
If the actor intended the commission of several felonies with a single
act, it is not called aberratio ictus or mistake of blow, simply
because there was no mistake.
8istinguish this from error in personae, where the victim actuall" received the
blow, but he was mistaken for another who was not at the scene of the crime.
#he distinction is important because the legal effects are not the same.
In aberratio ictus, the offender delivers the blow upon the intended victim, but
because of poor aim the blow landed on somebod" else. <ou have a
complex crime, unless the resulting conse(uence is not a grave or less grave
felony. Dou have a single act as against the intended victim and also giving
rise to another felon" as against the actual victim. If the resulting physical
injuries were only slight, then you cannot complex. (n other words, aberratio
ictus, generall" gives rise to a complex crime. This being so, the penalty for
the more serious crime is imposed in the maximum period.
c. In6urious result is greater than that intended 7 causing in&ur" graver
than intended or expected 4this is a mitigating circumstance due to lack
of intent to commit so grave a wrong under Art. 135 e.g., A wanted to
in&ure =. 0owever, = died.
In praeter intentionem, it is mitigating only if there is a notable or notorious
disparity between the means employed and the resulting felony. In criminal
law, intent of the offender is determined on the basis emplo"ed b" him and the
manner in which he committed the crime. Intention of the offender is not what
is in his mind1 it is disclosed in the manner in which he committed the crime.
In praeter intentionem, it is essential that there is a notable disparit" between
the means emplo"ed or the act of the offender and the felon" which resulted.
#his means that the resulting felon" cannot be foreseen from the acts of the
offender. If the resulting felony can be foreseen or anticipated from the
means employed, the circumstance of praeter intentionem does not appl".
1@
1:
Intent to #ill is only relevant when the victim did not die. #his is so because
the purpose of intent to kill is to differentiate the crime of ph"sical in&uries from
the crime of attempted homicide or attempted murder or frustrated homicide
or frustrated murder. $ut once the victim is dead, "ou do not talk of intent to
kill an"more. #he best evidence of intent to kill is the fact that victim was
killed.
In all these instances the offender can still be held criminally liable, since
he is motivated by criminal intent.
7. (" an" person performing an act which woul# !e an offense
against persons or propert". were it not for the inherent impossi!ilit" of
its accomplishment or on account of the emplo"ment of ina#e$uate or
ineffectual means.
*e.uisites+
a. Act would have been an offense against persons or propert"
b. Act is not an actual violation of another provision of the %ode or of a
special penal law
c. #here was criminal intent
d. Accomplishment was inherentl" impossible1 or inade2uate or
ineffectual means were emplo"ed.
+otes:
a. <ffender must believe that he can consummate the intended crime, a
man stabbing another who he knew was alread" dead cannot be liable
for an impossible crime.
b. #he law intends to punish the criminal intent.
c. #here is no attempted or frustrated impossible crime.
0elonies against persons* parricide, murder, homicide, infanticide, ph"sical
in&uries, etc.
0elonies against property* robber", theft, usurpation, swindling, etc.
)nherent impossi!ilit"* A thought that = was &ust sleeping. = was alread"
dead. A shot =. A is liable. (f A knew that = is dead and he still shot him,
then A is not liable.
inherent impossibility, this means that under an" and all
circumstances, the crime could not have materiali+ed. If the crime could have
materiali!ed under a different set of facts, employing the same mean or the
same act, it is not an impossible crime- it would be an attempted felony.
1:
2;
Legal impossibility occurs where the intended act, even if
completed, would not amount into a crime.
Factual impossibility occurs when an etraneous
circumstances is unknown to the actor or beyond his control to
prevent the consummation of the intended crime.
2nder 0rt. 3, par. +, the law does not make any distinction
between factual or physical impossibility and legal impossibility. (pp
vs. intod)
mplo"ment of ina#e$uate means* A used poison to kill =. 0owever, =
survived because A used small 2uantities of poison $ frustrated murder.
)neffectual means* A aimed his gun at =. 'hen he fired the gun, no
bullet came out because the gun was empt". A is liable.
'henever "ou are confronted with a problem where the facts suggest that an
impossible crime was committed, be careful about the 2uestion asked. If the
(uestion as#ed is6 2Is an impossible crime committed12, then you judge that
(uestion on the basis of the facts. (f reall" the facts constitute an impossible
crime, then "ou suggest than an impossible crime is committed, then "ou
state the reason for the inherent impossibilit".
If the (uestion as#ed is 3Is he liable for an impossible crime12, this is a catching
(uestion. 0ven though the facts constitute an impossible crime, if the act
done by the offender constitutes some other crimes under the 1evised "enal
*ode, he will not be liable for an impossible crime. He will be prosecuted for
the crime constituted so far by the act done by him. #he reason is an offender
is punished for an impossible crime &ust to teach him a lesson because of his
criminal perversit". Although ob&ectivel", no crime is committed, but
sub&ectivel", he is a criminal. #hat purpose of the law will also be served if he
is prosecuted for some other crime constituted b" his acts which are also
punishable under the -!%.
4y its very nature, an impossible crime is a formal crime. It is either
consummated or not committed at all. There is therefore no
attempted or frustrated impossible crime. 0t this stage, it would be
best to distinguish impossible crime from attempted or frustrated
felony. The evil intent is attempted or frustrated felony is possible
of accomplishment, while in impossible crime, it cannot be
accomplished because of its inherent impossibility. In attempted or
frustrated felony, what prevented its accomplishment is the
intervention of a certain cause or accident independent of the will of
the perpetrator or ofender.
"nconsummated felonies #$ttempted and frustrated felonies% vs.
Impossible crimes
Attempted of Frustrated Impossible Crime
2;
21
Felony
Intent is not accomplished Intent is not accomplished
Intent of the ofender possible of
accomplishment
Intent of the ofender, cannot be
accomplished
0ccomplishment is prevented by
the intervention of certain cause
or accident in which the ofender
had no part
Intent cannot be accomplished
because it is inherently
impossible of accomplishment or
because the means employed by
the ofender is inade/uate or
inefectual
Art =. -uty of the court in connection with acts which should be repressed but
which are not covered by the law, and in cases of excessive penalties&
,henever a court has 3nowle#ge of an" act which it ma" #eem proper
to repress an# which is not punisha!le !" law. it shall ren#er the proper
#ecision an# shall report to the Chief %ecutive. through the -epartment
of 4ustice. the reasons which in#uce the court to !elieve that sai# act
shoul# !e ma#e su!:ect of legislation.
)n the same wa" the court shall su!mit to the Chief %ecutive.
through the -epartment of 4ustice. such statement as ma" !e #eeme#
proper. without suspen#ing the e%ecution of the sentence. when a strict
enforcement of the provisions of this Co#e woul# result in the
imposition of a clearl" e%cessive penalt". ta3ing into consi#eration the
#egree of malice an# the in:ur" cause# !" the offense.
+0 CR)& /+L'' T1R )' A LA, P/+)'1)+G )T
.hen a person is charged in court, and the court finds that there is no law
applicable, the court will ac(uit the accused and the judge will give his opinion
that the said act should be punished.
Article 8 covers two situations+
415 #he court cannot convict the accused because the acts do not
constitute a crime. #he proper &udgment is ac2uittal, but the court is
mandated to report to the %hief 6xecutive that said act be made
sub&ect of penal legislation and wh".
425 'here the court finds the penalt" prescribed for the crime too harsh
considering the conditions surrounding the commission of he crime, the
&udge should impose the law 49ura lex sed lex5. #he most that he
could do is to recommend to the %hief 6xecutive to grant executive
clemenc".
"aragraph ) does not apply to crimes punishable by special law, including
profiteering, and illegal possession of firearms or drugs. #here can be no
executive clemenc" for these crimes.
21
22
Art. A. "onsummated, frustrated, and attempted felonies. - Consummate#
felonies. as well as those which are frustrate# an# attempte#. are
punisha!le.
A felon" is consummated when all the elements necessar" for its
e%ecution an# accomplishment are present; an# it is frustrated when the
offen#er performs all the acts of e%ecution which woul# pro#uce the
felon" as a conse$uence !ut which. nevertheless. #o not pro#uce it !"
reason of causes in#epen#ent of the will of the perpetrator.
There is an attempt when the offen#er commences the commission
of a felon" #irectl" !" overt acts. an# #oes not perform all the acts of
e%ecution which shoul# pro#uce the felon" !" reason of some cause or
acci#ent other than his own spontaneous #esistance.
3evelopment of a crime
1. Internal acts intent and plans1 usuall" not punishable
". External acts
a. "reparatory cts acts tending toward the crime
b. cts of 0xecution acts directl" connected the crime
Mere intention is therefore& not punishable. 5or as long as there is
no physical form of the internal acts, the same is outside the in/uiry
of criminal law.
'tages of Commission of a Crime
Attempt 9rustrated Consummated
<vert acts of execution
are started
)ot all acts of execution
are present
9ue to reasons other
than the spontaneous
desistance of the
perpetrator
All acts of execution are
present
%rime sought to be
committed is not
achieved
9ue to intervening
causes independent of
the will of the
perpetrator
All the acts of execution
are present
#he result sought is
achieved
There are three stages in the commission of felonies or crimes
committed by means of dolo. 0gain, they do not refer to felonies
committed by means of culpa. It is essentially incompatible with the
elements of negligence as another means to commit felony.
-esistance
8esistance on the part of the offender negates criminal liability in the
attempted stage. 9esistance is true onl" in the attempted stage of the felon".
(f under the definition of the felon", the act done is alread" in the frustrated
stage, no amount of desistance will negate criminal liabilit".
22
23
The spontaneous desistance of the offender negates only the attempted
stage but not necessarily all criminal liability. 6ven though there was
desistance on the part of the offender, if the desistance was made when acts
done b" him alread" resulted to a felon", that offender will still be criminall"
liable for the felon" brought about his act. 'hat is negated is onl" the
attempted stage, but there ma" be other felon" constituting his act.
The desistance referred to under 0rticle 6 has reference to the crime
intended to be committed. It has no reference to the crime actually
committed by the ofender before the desistance.
In deciding whether a felony is attempted or frustrated or consummated
there are three criteria involved+
(') )he manner of committing the crime4
(() )he elements of the crime4 and
(5) )he nature of the crime itself.
&anner of committing a crime
7or example, let us take the crime of bribery. %an the crime of frustrated
briber" be committedA )o. 4(ncidentall", the common concept of briber" is that
it is the act of one who corrupts a public officer. Actuall", bribery is the crime
of the receiver not the giver. #he crime of the giver is corruption of public
official. $ribery is the crime of the public officer who in consideration of an act
having to do with his official duties would receive something, or accept any
promise or present in consideration thereof.5
The confusion arises from the fact that this crime re(uires two to commit ==
the giver and the receiver. #he law called the crime of the giver as corruption
of public official and the receiver as briber". Eiving the idea that these are
independent crimes, but actuall", the" cannot arise without the other. 0ence,
if only one side of the crime is present, only corruption, you cannot have a
consummated corruption without the corresponding consummated bribery.
There cannot be a consummated bribery without the corresponding
consummated corruption. (f "ou have briber" onl", it is onl" possible in the
attempted stage. (f "ou have a corruption onl", it is possible onl" in the
attempted stage. A corruptor gives mone" to a public officer for the latter not
to prosecute him. #he public officer received the mone" but &ust the same,
arrested him. 0e received the mone" to have evidence of corruption. 9o not
think that because the corruptor has alread" delivered the mone", he has
alread" performed all the acts of execution, and, therefore, the corruption is
alread" be"ond the attempted stage. #hat thinking does awa" with the
concept of the crime that it re2uires two to commit. The manner of committing
the crime re(uires the meeting of the minds between the giver and the
receiver.
23
24
'hen the giver delivers the mone" to the supposed receiver, but there is no
meeting of the minds, the onl" act done b" the giver is an attempt. (t is not
possible for him to perform all the acts of execution because in the first place,
the receiver has no intention of being corrupted.
3imilarl", when a public officer demands a consideration b" official dut", the
corruptor turns down the demand, there is no briber".
(f the one to whom the demand was made pretended to give, but he had
reported the matter to higher authorities, the mone" was marked and this was
delivered to the public officer. (f the public officer was arrested, do not think
that because the public officer alread" had the mone" in his possession, the
crime is alread" frustrated briber", it is onl" attempted briber". #his is because
the supposed corruptor has no intention to corrupt. (n short, there is no
meeting of the minds. <n the other hand, if there is a meeting of the minds,
there is consummated briber" or consummated corruption. #his leaves out
the frustrated stage because of the manner of committing the crime.
$ut indirect bribery is always consummated. #his is because the manner of
consummating the crime does not admit of attempt or frustration.
<ou will notice that under the 1evised "enal *ode, when it ta#es two to
commit the crime, there could hardly be a frustrated stage. 7or instance, the
crime of adultery. #here is no frustrated adulter". <nl" attempted or
consummated. #his is because it re2uires the link of two participants. (f that
link is there, the crime is consummated1 if such link is absent, there is onl" an
attempted adulter". #here is no middle ground when the link is there and
when the link is absent.
#here are instances where an intended felon" could alread" result from the
acts of execution alread" done. =ecause of this, there are felonies where the
offender can onl" be determined to have performed all the acts of execution
when the resulting felon" is alread" accomplished. 'ithout the resulting
felon", there is no wa" of determining whether the offender has alread"
performed all the acts or not. (t is in such felonies that the frustrated stage
does not exist because without the felon" being accomplished, there is no
wa" of stating that the offender has alread" performed all the acts of
execution. An example of this is the crime of rape. #he essence of the crime
is carnal knowledge. )o matter what the offender ma" do to accomplish a
penetration, if there was no penetration "et, it cannot be said that the offender
has performed all the acts of execution. 'e can onl" sa" that the offender in
rape has performed all the acts of execution when he has effected a
penetration. <nce there is penetration alread", no matter how slight, the
offense is consummated. 7or this reason, rape admits only of the attempted
and consummated stages, no frustrated stage. #his was the ruling in the
case of 4eople v. !rita.
In rape, it re2uires the connection of the offender and the offended part". )o
penetration at all, there is onl" an attempted stage. 3lightest penetration or
24
28
slightest connection, consummated. Dou will notice this from the nature of the
crime re2uiring two participants.
#his is also true in the crime of arson. (t does not admit of the frustrated
stage. In arson, the moment any particle of the premises intended to be
burned is blac#ened, that is already an indication that the premises have
begun to burn. (t does not re2uire that the entire premises be burned to
consummate arson. =ecause of that, the frustrated stage of arson has been
eased out. #he reasoning is that one cannot sa" that the offender, in the
crime of arson, has alread" performed all the acts of execution which could
produce the destruction of the premises through the use of fire, unless a part
of the premises has begun to burn. If it has not begun to burn, that means
that the offender has not yet performed all the acts of execution. >n the other
hand, the moment it begins to burn, the crime is consummated. Actuall", the
frustrated stage is alread" standing on the consummated stage except that
the outcome did not result. As far as the stage is concerned, the frustrated
stage overlaps the consummated stage.
=ecause of this reasoning b" the %ourt of Appeals in 4eople v. Garcia. the
3upreme %ourt followed the anal"sis that one cannot sa" that the offender in
the crime of arson has alread" performed all the acts of execution which
would produce the arson as a conse2uence, unless and until a part of the
premises had begun to burn.
BUT In :1 v. 0alde; the offender had tried to burn the premises b"
gathering &ute sacks la"ing these inside the room. 0e lighted these, and as
soon as the &ute sacks began to burn, he ran awa". #he occupants of the
room put out the fire. #he court held that what was committed was frustrated
arson.
This case was much the way before the decision in the case of 4eople v.
Garcia was handed down and the *ourt of ppeals ruled that there is no
frustrated arson. $ut even then, the analysis in the case of :1 v. 0alde; is
correct. #his is because, in determining whether the felon" is attempted,
frustrated or consummated, the court does not onl" consider the definition
under Article / of the -evised !enal %ode, or the stages of execution of the
felon". 'hen the offender has alread" passed the sub&ective stage of the
felon", it is be"ond the attempted stage. (t is alread" on the consummated or
frustrated stage depending on whether a felon" resulted. (f the felon" did not
result, frustrated.
The attempted stage is said to be within the subjective phase of execution of
a felony. <n the sub6ective phase, it is that point in time when the offender
begins the commission of an overt act until that point where he loses control
of the commission of the crime already. (f he has reached that point where he
can no longer control the ensuing conse2uence, the crime has alread"
passed the sub&ective phase and, therefore, it is no longer attempted. #he
moment the execution of the crime has alread" gone to that point where the
felon" should follow as a conse2uence, it is either already frustrated or
28
2/
consummated. (f the felon" does not follow as a conse2uence, it is alread"
frustrated. (f the felon" follows as a conse2uence, it is consummated.
The trouble is that, in the &urisprudence recogni+ing the ob&ective phase and
the sub&ective phase, the 3upreme %ourt considered not onl" the acts of the
offender, but also his belief. #hat although the offender ma" not have done
the act to bring about the felon" as a conse2uence, if he could have continued
committing those acts but he himself did not proceed because he believed
that he had done enough to consummate the crime, 3upreme %ourt said the
sub&ective phase has passed. #his was applied in the case of /' v. Bal#e9.
where the offender, having alread" put kerosene on the &ute sacks, lighted the
same, he had no reason not to believe that the fire would spread, so he ran
awa". #hat act demonstrated that in his mind, he believed that he has
performed all the acts of execution and that it is onl" a matter of time that the
premises will burn. #he fact that the occupant of the other room came out
and put out the fire is a cause independent of the will of the perpetrator.
The ruling in the case of :1 v. 0alde; is still correct. $ut in the case of
4eople v. Garcia the situation is different. 0ere, the offender who put the
torch over the house of the offended part", the house being a nipa hut, the
torch which was lighted could easil" burn the roof of the nipa hut. =ut the
torch burned out.
In that case, "ou cannot sa" that the offender believed that he had performed
all the acts of execution. #here was not even a single burn of an" instrument
or agenc" of the crime.
The analysis made by the *ourt of ppeals is still correct6 that they could not
demonstrate a situation where the offender has performed all the acts of
execution to bring about the crime of arson and the situation where he has
not yet performed all the acts of execution. The weight of the authority is that
the crime of arson cannot be committed in the frustrated stage. #he reason is
because we can hardl" determine whether the offender has performed all the
acts of execution that would result in arson, as a conse2uence, unless a part
of the premises has started to burn. <n the other hand, the moment a
particle or a molecule of the premises has blac#ened, in law, arson is
consummated. #his is because consummated arson does not re2uire that the
whole of the premises be burned. (t is enough that an" part of the premises,
no matter how small, has begun to burn.
There are also certain crimes that do not admit of the attempted or frustrated
stage, li#e physical injuries. <ne of the known commentators in criminal law
has advanced the view that the crime of ph"sical in&uries can be committed in
the attempted as well as the frustrated stage. 0e explained that b" going
through the definition of an attempted and a frustrated felon" under Article /, if
a person who was about to give a fist blow to another raises his arms, but
before he could throw the blow, somebod" holds that arm, there would be
attempted ph"sical in&uries. #he reason for this is because the offender was
not able to perform all the acts of execution to bring about ph"sical in&uries.
2/
2.
<n the other hand, he also stated that the crime of ph"sical in&uries ma" be
committed in the frustrated stage when the offender was able to throw the
blow but somehow, the offended part" was able to sidestep awa" from the
blow. 0e reasoned out that the crime would be frustrated because the
offender was able to perform all the acts of execution which would bring about
the felon" were it not for a cause independent of the will of the perpetrator.
#he explanation is academic. <ou will notice that under the 1evised "enal
*ode, the crime of physical injuries is penali!ed on the basis of the gravity of
the injuries. Actuall", there is no simple crime of ph"sical in&uries. Dou have
to categori+e because there are specific articles that appl" whether the
ph"sical in&uries are serious, less serious or slight. (f "ou sa" ph"sical
in&uries, "ou do not know which article to appl". This being so, you could not
punish the attempted or frustrated stage because you do not #now what crime
of physical injuries was committed.
Cuestions D Answers
1. Is there an attempted slight physical injuries;
(f there is no result, "ou do not know. %riminal law cannot stand on an"
speculation or ambiguit"1 otherwise, the presumption of innocence
would be sacrificed. #herefore, the commentatorCs opinion cannot
stand because "ou cannot tell what particular ph"sical in&uries was
attempted or frustrated unless the conse2uence is there. Dou cannot
classif" the ph"sical in&uries.
2. threw muriatic acid on the face of $. The injuries would have
resulted in deformity were it not for timely plastic surgery. fter the surgery, $
became more handsome. .hat crime is committed; Is it attempted,
frustrated or consummated;
#he crime committed here is serious ph"sical in&uries because of the
deformity. 'hen there is deformit", "ou disregard the healing duration of the
wound or the medical treatment re2uired b" the wound. In order that in law, a
deformity can be said to exist, three factors must concur6
415 #he in&ur" should bring about the ugliness1
425 #he ugliness must be visible1
435 #he ugliness would not disappear through natural healing process.
Along this concept of deformit" in law, the plastic surger" applied to = is
beside the point. (n law, what is considered is not the artificial or the scientific
treatment but the natural healing of the in&ur". 3o the fact that there was
plastic surger" applied to = does not relieve the offender from the liabilit" for
the ph"sical in&uries inflicted. #he crime committed is serious ph"sical
in&uries. (t is consummated. (n determining whether a felon" is attempted,
2.
2@
frustrated or consummated, "ou have to consider the manner of committing
the felon", the element of the felon" and the nature of the felon" itself. #here
is no real hard and fast rule.
lements of the crime
In the crime of estafa, the element of damage is essential before the crime
could be consummated. (f there is no damage, even if the offender succeeded
in carting awa" the personal propert" involved, estafa cannot be considered
as consummated. 7or the crime of estafa to be consummated, there must be
misappropriation alread" done, so that there is damage alread" suffered b"
the offended part". (f there is no damage "et, the estafa can onl" be frustrated
or attempted.
<n the other hand, if it were a crime of theft, damage or intent to cause
damage is not an element of theft. 'hat is necessar" onl" is intent to gain,
not even gain is important. #he mere intent to derive some profit is enough
but the thinking must be complete before a crime of theft shall be
consummated. #hat is wh" we made that distinction between theft and estafa.
If the personal property was received by the offender, this is where you have
to decide whether what was transferred to the offender is juridical possession
or physical possession only. (f the offender did not receive the personal
propert", but took the same from the possession of the owner without the
latterCs consent, then there is no problem. #hat cannot be estafa1 this is onl"
theft or none at all.
In estafa, the offender receives the property- he does not ta#e it. =ut in
receiving the propert", the recipient ma" be committing theft, not estafa, if
what was transferred to him was onl" the ph"sical or material possession of
the ob&ect. It can only be estafa if what was transferred to him is not only
material or physical possession but juridical possession as well.
.hen you are discussing estafa, do not tal# about intent to gain. In the same
manner that when you are discussing the crime of theft, do not tal# of
damage.
#he crime of theft is the one commonl" given under Article /. #his is so
because the concept of theft under the -evised !enal %ode differs from the
concept of larcen" under American common law. Bnder American common
law, the crime of larcen" which is e2uivalent to our crime of theft here re2uires
that the offender must be able to carr" awa" or transport the thing being
stolen. 'ithout that carr"ing awa", the larcen" cannot be consummated.
(n our concept of theft, the offender need not move an inch from where he
was. (t is not a matter of carr"ing awa". It is a matter of whether he has
already ac(uired complete control of the personal property involved. #hat
complete control simpl" means that the offender has alread" supplanted his
2@
2:
will from the will of the possessor or owner of the personal propert" involved,
such that he could exercise his own control on the thing.
Illustration6
I placed a wallet on a table inside a room. stranger comes inside the room,
gets the wallet and puts it in his poc#et. I suddenly started searching him and
I found the wallet inside his poc#et. #he crime of theft is alread"
consummated because he alread" ac2uired complete control of m" wallet.
#his is so true when he removed the wallet from the confines of the table. 0e
can exercise his will over the wallet alread", he can drop this on the floor, etc.
=ut as long as the wallet remains on the table, the theft is not "et
consummated1 there can onl" be attempted or frustrated theft. (f he has
started lifting the wallet, it is frustrated. (f he is in the act of tr"ing to take the
wallet or place it under, attempted.
<Ta2ing= in the concept of theft, simply means exercising control over the
thing.
If instead of the wallet, the man who entered the room pretended to carry the
table out of the room, and the wallet is there. .hile ta#ing the table out of the
room, I apprehended him. It turned out that he is not authori!ed at all and is
interested only in the wallet, not the table. #he crime is not "et consummated.
(t is onl" frustrated because as far as the table is concern, it is the confines of
this room that is the container. As long as he has not taken this table out of
the four walls of this room, the taking is not complete.
man entered a room and found a chest on the table. He opened it found
some valuables inside. He too# the valuables, put them in his poc#et and was
arrested. (n this case, theft is consummated.
$ut if he does not ta#e the valuables but lifts the entire chest, and before he
could leave the room, he was apprehended, there is frustrated theft.
If the thing is stolen from a compound or from a room, as long as the object
has not been brought out of that room, or from the perimeter of the
compound, the crime is only frustrated. This is the confusion raised in the
case of :1 v. 3i>o compared with 4eople v. Adio and 4eople v. Espiritu.
In :1 v. 3i>o the accused loaded boxes of rifle on their truc#. .hen they
were on their way out of the ,outh Harbor, they were chec#ed at the
chec#point, so they were not able to leave the compound. (t was held that
what was committed was frustrated #heft.
In 4eople v. Espiritu the accused were on their way out of the supply house
when they were apprehended by military police who found them secreting
some hospital linen. (t was held that what was committed was consummated
theft.
2:
3;
#he emphasis, which was erroneousl" laid in some commentaries, is that, in
both cases, the offenders were not able to pass the checkpoint. =ut wh" is it
that in one, it is frustrated and in the other, it is consummatedA
In the case of :1 v. 3i>o the boxes of rifle were stocked file inside the
compound of the 3outh 0arbor. As far as the boxes of rifle are concerned, it
is the perimeter of the compound that is the container. s long as they were
not able to bring these boxes of rifle out of the compound, the ta#ing is not
complete. <n the other hand, in the case of 4eople v. Espiritu. what were
taken were hospital linens. #hese were taken from a warehouse. 0ospital
linens were taken from boxes that were diffused or destro"ed and brought out
of the hospital. From the moment they too# it out of the boxes where the
owner or the possessor had placed it, the control is complete. <ou do not
have to go out of the compound to complete the ta#ing or the control.
#his is ver" decisive in the problem because in most problems given in the
bar, the offender, after having taken the ob&ect out of the container changed
his mind and returned it. (s he criminall" liableA 9o not make a mistake b"
sa"ing that there is a desistance. If the crime is one of theft, the moment he
brought it out, it was consummated. #he return of the thing cannot be
desistance because in criminal law, desistance is true only in the attempted
stage. Dou cannot talk of desistance an"more when it is alread" in the
consummated stage. (f the offender has alread" ac2uired complete control of
what he intended to take, the fact that he changed his mind and returned the
same will no longer affect his criminal liabilit". (t will onl" affect the civil liabilit"
of the crime because he will no longer be re2uired to pa" the ob&ect. As far as
the crime committed is concerned, the offender is criminall" liable and the
crime is consummated theft.
Illustration6
and $ are neighbors. >ne evening, entered the yard of $ and opened the
chic#en coop where $ #eeps his fighting coc#s. He discovered that the
fighting coc#s were not physically fit for coc#fighting so he returned it. #he
crime is consummated theft. #he will of the owner is to keep the fighting cock
inside the chicken coop. 'hen the offender succeeded in bringing the cock
out of the coop, it is clear that his will completel" governed or superseded the
will of the owner to keep such cock inside the chicken coop. 0ence, the crime
was alread" consummated, and being consummated, the return of the
ownerCs propert" is not desistance an"more. #he offender is criminall" liable
but he will not be civill" liable because the ob&ect was returned.
'hen the receptacle is locked or sealed, and the offender broke the same, in
lieu of theft, the crime is robber" with force upon things. 0owever, that the
receptacle is locked or sealed has nothing to do with the stage of the
commission of the crime. (t refers onl" to whether it is theft or robber" with
force upon things.
+ature of the crime itself
3;
31
(n crimes involving the taking of human life parricide, homicide, and murder
in the definition of the frustrated stage, it is indispensable that the victim be
mortally wounded. Bnder the definition of the frustrated stage, to consider the
offender as having performed all the acts of execution, the acts alread" done
b" him must produce or be capable of producing a felon" as a conse2uence.
The general rule is that there must be a fatal injury inflicted, because it is only
then that death will follow.
If the wound is not mortal, the crime is only attempted. #he reason is that the
wound inflicted is not capable of bringing about the desired felon" of parricide,
murder or homicide as a conse2uence1 it cannot be said that the offender has
performed all the acts of execution which would produce parricide, homicide
or murder as a result.
n exception to the general rule is the so=called subjective phase. #he
3upreme %ourt has decided cases which applied the sub&ective standard that
when the offender himself believed that he had performed all the acts of
execution, even though no mortal wound was inflicted, the act is alread" in the
frustrated stage.
1tages of a Crime does not apply in+
1. <ffenses punishable b" 3pecial !enal >aws, unless the otherwise is
provided for.
2. 7ormal crimes 4e.g., slander, adulter", etc.5
3. (mpossible %rimes
4. %rimes consummated b" mere attempt. 0xamples* attempt to flee to an
enem" countr", treason, corruption of minors.
8. 7elonies b" omission
/. %rimes committed b" mere agreement. 0xamples6 betting in sports
4endings in basketball5, corruption of public officers.
(n criminal law, "ou are not allowed to speculate, not to imagine what crime is
intended, but appl" the provisions of the law on the facts given.
est to determine whether attempted or frustrated stage:
The %rst test is what we call the subective phase. The second test
is what is referred to as the obective phase. #hen the subjective
and objective phases in the commission of the crime are both
present, there is a consummated felony.
0s suggested, the sub!ecti"e phase is the portion of the eecution
of the felony starting from the point where he has control over his
31
32
acts. If it reaches the point where he has no more control over his
acts, the subjective phase in the commission of the crime is
completed.
or as long as he has control over his acts, the subjective phase in
the commission of the crime is not yet over. If a person while
performing acts that are within the subjective phase is interrupted
such that he is not able to perform all acts of eecution, the crime
committed would be attempted.
On the other hand, the ob!ecti"e phase covers that the period of
time where the subjective phase has ended and where the ofender
has no more control over the efects of his criminal acts.
If the subjective phase is completed or has already passed, but the
felony was not produced nonetheless, the crime committed as a rule
would be frustrated.
Applications+
a. A put poison in =Cs food. = threw awa" his food. A is liable $ attempted
murder.
1
b. A stole =Cs car, but he returned it. A is liable $ %consummated' theft.
c. A aimed his gun at =. % held ACs hand and prevented him from
shooting = $ attempted murder.
d. A inflicted a mortal wound on =. = managed to survive $ frustrated
murder.
e. A intended to kill = b" shooting him. A missed = attempted murder.
f. A doused =Cs house with kerosene. =ut before he could light the
match, he was caught $ attempted arson.
g. A cause a bla+e, but did not burn the house of = $ frustrated arson.
h. =Cs house was set on fire b" A $ %consummated' arson.
i. A tried to rape =. = managed to escape. #here was no penetration $
attempted rape.
j. A got hold of =Cs painting. A was caught before he could leave =Cs
house $ frustrated robbery.
)
1
The difference between murder and homicide will be discussed in Criminal Law II. These
crimes are found in Articles 248 and 249, Boo II of the !e"ised #enal Code.

2
The difference between theft and robber$ will be discussed in Criminal Law II. These crimes
are found in Title Ten, Cha%ters &ne and Three, Boo II of the !e"ised #enal Code.
32
33
Art. E. $hen light felonies are punishable. 88 Light felonies are punisha!le
onl" when the" have !een consummate# with the e%ception of those
committe# against persons or propert".
0 light felony is a violation of a penal law which is punished by a
penalty of imprisonment of not more than thirty days or arresto
menor or a %ne of not more than $+77.77 or both, upon the
discretion of the court.
0xamples of light felonies* slight ph"sical in&uries1 theft4php 8.;; or less51
alteration of boundar" marks1 alarms and scandals1 simple slander1
malicious mischief4not exceed php 2;;.;;51 and intriguing against honor.
(n commission of crimes against properties and persons, ever" stage of
execution is punishable but onl" the principals and accomplices are liable
for light felonies, accessories are not.
Art. F. "onspiracy and proposal to commit felony. 88 Conspirac" an# proposal
to commit felon" are punisha!le onl" in the cases in which the law
speciall" provi#es a penalt" therefore.
A conspirac" e%ists when two or more persons come to an
agreement concerning the commission of a felon" an# #eci#e to commit
it.
There is proposal when the person who has #eci#e# to commit a
felon" proposes its e%ecution to some other person or persons.
*onspiracy is punishable in the following cases* treason, rebellion or
insurrection, sedition, coup dC etat, arson4!9 1/135 and monopolies and
combinations in restraint of trade.
*onspiracy to commit a crime is not to be confused with conspiracy as a
means of committing a crime. (n both cases there is an agreement but
mere conspirac" to commit a crime is not punished 6F%6!# in treason,
rebellion, or sedition. 6ven then, if the treason is actuall" committed, the
conspirac" will be considered as a means of committing it and the accused
will all be charged for treason and not for conspirac" to commit treason.

Conspirac" an# Proposal to Commit a Crime
Conspiracy 4roposal
6lements
Agreement among 2 or
more persons to commit a
crime
#he" decide to commit it
A person has decided to commit a
crime
0e proposes its commission to another
33
34
"rimes 1. %onspirac" to commit
sedition
2. %onspirac" to commit
rebellion
3. %onspirac" to commit
treason
1. !roposal to commit treason
2. !roposal to commit rebellion or
insurrection

In proposal, only the person proposing or the proponent is
criminally liable
Mere conspirac" in combination in restraint of trade 4Art. 1@/5, and
brigandage 4Art. 3;/5.
Two ways for conspiracy to exist+
%&' There is an agreement.
%)' The participants acted in concert or simultaneously which is indicative
of a meeting of the minds towards a common criminal goal or criminal
objective. 'hen several offenders act in a s"nchroni+ed, coordinated
manner, the fact that their acts complimented each other is indicative of
the meeting of the minds. #here is an implied agreement.
Two 2inds of conspiracy+
%&' "onspiracy as a crime- and
%)' "onspiracy as a manner of incurring criminal liability
$hen conspiracy itself is a crime, no overt act is necessary to bring about the
criminal liability. The mere conspiracy is the crime itself. #his is onl" true
when the law expressl" punishes the mere conspirac"1 otherwise, the
conspirac" does not bring about the commission of the crime because
conspirac" is not an overt act but a mere preparator" act. Treason, rebellion,
sedition, and coup d5etat are the only crimes where the conspiracy and
proposal to commit to them are punishable.
.hen the conspiracy is only a basis of incurring criminal liability, there must
be an overt act done before the co$conspirators become criminall" liable.
.hen the conspiracy itself is a crime, this cannot be inferred or deduced
because there is no overt act. All that there is the agreement. <n the other
hand, if the co$conspirator or an" of them would execute an overt act, the
crime would no longer be the conspirac" but the overt act itself.
If the conspiracy is only a basis of criminal liability, none of the co$
conspirators would be liable, unless there is an overt act. 3o, for as long as
an"one shall desist before an overt act in furtherance of the crime was
committed, such a desistance would negate criminal liabilit". For as long as
none of the conspirators has committed an overt act, there is no crime yet.
34
38
=ut when one of them commits an" overt act, all of them shall be held liable,
unless 15a co$conspirator was absent from the scene of the crime or 25he
showed up, but he tried to prevent the commission of the crime
s a general rule, if there has been a conspirac" to commit a crime in a
particular place, an"one who did not appear shall be presumed to have
desisted. The exception to this is if such person who did not appear was the
mastermind.
conspiracy as a crime, must have a clear and convincing evidence of its
existence. 6ver" crime must be proved be"ond reasonable doubt.
.hen the conspiracy is just a basis of incurring criminal liability, however, the
same ma" be deduced or inferred from the acts of several offenders in
carr"ing out the commission of the crime. #he existence of a conspirac" ma"
be reasonabl" inferred from the acts of the offenders when such acts disclose
or show a common pursuit of the criminal ob&ective.
*onspiracy is a matter of substance which must be alleged in the information,
otherwise, the court will not consider the same.
In 4eople v. ?aurio "@@ 1C*A A#% it was held that it must be established b"
positive and conclusive evidence, not b" con&ectures or speculations.

In Taer v. CA $#) 1C*A 8%#@ it was held that mere knowledge,
ac2uiescence to, or approval of the act, without cooperation or at least,
agreement to cooperate, is not enough to constitute a conspirac". #here must
be an intentional participation in the crime with a view to further the common
felonious ob&ective.
conspiracy is possible even when participants are not #nown to each
other.
!roposal is true onl" up to the point where the part" to whom the proposal
was made has not "et accepted the proposal. >nce the proposal was
accepted, a conspiracy arises. !roposal is unilateral, one part" makes a
proposition to the other1 conspirac" is bilateral, it re2uires two parties.
#here is conspirac" when the offenders acted simultaneousl" pursuing a
common criminal design1 thus, acting out a common criminal intent.
0ven though there was conspiracy, if a co=conspirator merely cooperated in
the commission of the crime with insignificant or minimal acts, such that even
without his cooperation, the crime could be carried out as well, such co=
conspirator should be punished as an accomplice only.
Composite crimes
*omposite crimes are crimes which, in substance, consist of more than one
crime but in the e"es of the law, there is onl" one crime. 7or example, the
38
3/
crimes of robber" with homicide, robber" with rape, robber" with ph"sical
in&uries.
In case the crime committed is a composite crime, the conspirator will be
liable for all the acts committed during the commission of the crime agreed
upon. #his is because, in the e"es of the law, all those acts done in
pursuance of the crime agreed upon are acts which constitute a single crime.
s a general rule, when there is conspirac", the rule is that the act of one is
the act of all. #his principle applies onl" to the crime agreed upon.
The exception is if an" of the co$conspirator would commit a crime not agreed
upon. #his happens when the crime agreed upon and the crime committed b"
one of the co$conspirators are distinct crimes.
0xception to the exception* (n acts constituting a single indivisible offense,
even though the co$conspirator performed different acts bringing about the
composite crime, all will be liable for such crime. #he" can onl" evade
responsibilit" for an" other crime outside of that agreed upon if it is proved
that the particular conspirator had tried to prevent the commission of such
other act.
The rule would be different if the crime committed was not a composite crime.
Art. 5. 7rave felonies are those to which the law attaches the capital
punishment or penalties which in an" of their are afflictive. in
accor#ance with Article 7= of this Co#e.
8ess grave felonies are those which the law punishes with penalties
which in their ma%imum perio# are correctional. in accor#ance with the
a!ove8mentione# article.
8ight felonies are those infractions of law for the commission of
which he penalt" of arresto mayor or a fine not e%cee#ing 7GG pesos. or
!oth is provi#e#.
Capital punishment $ death penalt".
4enalties ,imprisonment-+
Grave $ six "ears and one da" to reclusion perpetua 4life51

?ess grave $ one month and one da" to six "ears1

?ight $ arresto menor 4one da" to 3; da"s5.
>elonies are classifie# as follows:
3/
3.
(2) According to the manner of their commission
*nder #rticle 5, they are classified as, intentional felonies or those
committed with deliberate intent1 and culpable felonies or those
resulting from negligence, reckless imprudence, lack of foresight or
lack of skill.
(7) According to the stages of their execution
*nder #rticle 9., felonies are classified as attempted felony when the
offender commences the commission of a felon" directl" b" overt acts,
and does not perform all the acts of execution which should produce
the felon" b" reason of some cause or accident other than his own
spontaneous desistance1 frustrated felony when the offender
commences the commission of a felon" as a conse2uence but which
would produce the felon" as a conse2uence but which nevertheless do
not produce the felon" b" reason of causes independent of the
perpetrator1 and, consummated felony when all the elements
necessar" for its execution are present.
(6) According to their gravity
*nder #rticle :, felonies are classified as grave felonies or those to
which attaches the capital punishment or penalties which in an" of their
periods are afflictive1 less grave felonies or those to which the law
punishes with penalties which in their maximum period was
correccional1 and light felonies or those infractions of law for the
commission of which the penalt" is arresto menor.
#hile 0rticle , classi%es the crimes into Intentional and
&ulpable, a third class can be grouped with it 8 that is, those de%ned
and penali"ed by special laws which include crime punished by city
or municipality ordinances. They are generally referred to as mala
prohibita. 0s a rule, intent to commit the crime is not necessary. It is
su9cient that the ofender has the intent to perpetrate the act
prohibited by the special law. The act alone, irrespective of the
motives, constitutes the ofense. :ood faith is not a defense.
.hy is it necessary to determine whether the crime is grave, less grave or
light;
To determine whether these felonies can be complexed or not, and to
determine the prescription of the crime and the prescription of the penalty. (n
other words, these are felonies classified according to their gravit", stages
and the penalt" attached to them. #ake note that when the -evised !enal
%ode speaks of grave and less grave felonies, the definition makes a
reference specificall" to Article 28 of the -evised !enal %ode. 9o not omit
the phrase G(n accordance with Article 28H because there is also a
classification of penalties under Article 2/ that was not applied.
3.
3@
If the penalty is fine and exactly ")??.??, it is onl" considered a light felon"
under Article :.
If the fine is imposed as an alternative penalty or as a single penalty, the fine
of !2;;.;; is considered a correctional penalt" under Article 2/.
If the penalty is exactly ")??.??, appl" Article 2/. (t is considered as
correctional penalt" and it prescribes in 1; "ears. (f the offender is
apprehended at an" time within ten "ears, he can be made to suffer the fine.
In the case of light felonies, crimes prescribe in two months. If the crime is
correctional, it prescribes in ten "ears, except arresto mayor, which prescribes
in five "ears.
Art. 2G. ;ffenses not subject to the provisions of this code. 880ffenses which
are or in the future ma" !e punisha!le un#er special laws are not
su!:ect to the provisions of this Co#e. This Co#e shall !e
supplementar" to such laws. unless the latter shoul# speciall" provi#e
the contrar".
For ,pecial 9aws* !enalties should be imprisonment, and not reclusion
perpetua, etc.
>ffenses that are attempted or frustrated are not punishable, unless
otherwise stated.
"lea of guilty is not mitigating for offenses punishable b" special laws.
No minimum, medium, and maximum periods for penalties.
No penalty for an accessory or accomplice, unless otherwise stated.
4rovisions of *4C applicable to special laws+
a. Art. 1/ !articipation of Accomplices
b. Art. 22 -etroactivit" of !enal laws if favorable to the accused
c. Art. 48 %onfiscation of instruments used in the crime
<ou will only apply the provisions of the 1evised "enal *ode as a supplement
to the special law, or simply correlate the violated special law, if needed to
avoid an injustice. (f no &ustice would result, do not give suppletoril"
application of the -evised !enal %ode to that of special law.
In 4eople v. *odrigue;. it was held that the use of arms is an element of
rebellion, so a rebel cannot be further prosecuted for possession of firearms.
violation of a special law can never absorb a crime punishable under the
1evised "enal *ode, because violations of the 1evised "enal *ode are more
serious than a violation of a special law. $ut a crime in the 1evised "enal
3@
3:
*ode can absorb a crime punishable by a special law if it is a necessary
ingredient of the crime in the 1evised "enal *ode.
In the crime of sedition, the use of firearms is not an ingredient of the crime.
0ence, two prosecutions can be had* 415 sedition1 and 425 illegal possession
of firearms.
$ut do not thin# that when a crime is punished outside of the 1evised "enal
*ode, it is already a special law. 7or example, the crime of cattle=rustling is
not a mala prohibitum but a modification of the crime theft of large cattle. 3o
!residential 9ecree )o. 833, punishing cattle$rustling, is not a special law. (t
can absorb the crime of murder. (f in the course of cattle rustling, murder was
committed, the offender cannot be prosecuted for murder. Murder would be a
2ualif"ing circumstance in the crime of 2ualified cattle rustling. #his was the
ruling in 4eople v. 'artinada.
If a special law is an amendment to a provision of the .$&, the act is
considered a felony and conse/uently the provisions of the .$& are
made applicable to such special law.
#he amendments of !residential 9ecree )o. /428 4#he 9angerous 9rugs Act
of 1:.25 b" -epublic Act )o. ./8:, which adopted the scale of penalties in the
-evised !enal %ode, means that mitigating and aggravating circumstances
can now be considered in imposing penalties. !residential 9ecree )o. /428
does not expressl" prohibit the suppletor" application of the -evised !enal
%ode. #he stages of the commission of felonies will also appl" since
suppletor" application is now allowed.
In conclusion, any ;pecial <aw that uses the nomenclature of the
.evised $enal &ode in the imposition of penalties makes such
;pecial <aw a felony.
Circumstances affecting criminal lia!ilit"
There are five circumstances affecting criminal liability:
415 Iustif"ing circumstances1
425 6xempting circumstances1
435 Mitigating circumstances1
445 Aggravating circumstances1 and
485 Alternative circumstances.
There are two others which are found elsewhere in the provisions of the Revised
Penal Code*
3:
4;
415 Absolutor" cause1 and

425 6xtenuating circumstances.
In justifying and exempting circumstances, there is no criminal liability. 'hen
an accused invokes them, he in effect admits the commission of a crime but
tries to avoid the liabilit" thereof. #he burden is upon him to establish be"ond
reasonable doubt the re2uired conditions to &ustif" or exempt his acts from
criminal liabilit". 'hat is shifted is onl" the burden of evidence, not the
burden of proof.
4ustifying circumstances contemplate intentional acts and, hence, are
incompatible with dolo. 0xempting circumstances ma" be invoked in culpable
felonies.
A!solutor" cause
The effect of this is to absolve the offender from criminal liability, although not
from civil liability.
$ - rticle )? provides that the penalties prescribed for accessories shall not
be imposed upon those who are such with respect to their spouses,
ascendants, descendants, legitimate, natural and adopted brothers and
sisters, or relatives b" affinit" within the same degrees with the exception of
accessories who profited themselves or assisting the offender to profit b" the
effects of the crime.
"- rticle @A provides how criminal liability is extinguished6
9eath of the convict as to the personal penalties, and as to pecuniar"
penalties, liabilit" therefor is extinguished if death occurs before final
&udgment1
3ervice of the sentence1
Amnest"1
Absolute pardon1
!rescription of the crime1
!rescription of the penalt"1 and
Marriage of the offended woman as provided in Article 344.
&- :nder rticle )BC, a legall" married person who kills or inflicts ph"sical
in&uries upon his or her spouse whom he surprised having sexual intercourse
with his or her paramour or mistress in not criminall" liable.
4;
41
A- :nder rticle )&A, discovering secrets through sei+ure of correspondence
of the ward b" their guardian is not penali+ed.
8- :nder rticle DD), in the case of theft, swindling and malicious mischief,
there is no criminal liabilit" but onl" civil liabilit", when the offender and the
offended part" are related as spouse, ascendant, descendant, brother and
sister$in$law living together or where in case the widowed spouse and the
propert" involved is that of the deceased spouse, before such propert" had
passed on to the possession of third parties.
)- :nder rticle DBB, in cases of seduction, abduction, acts of lasciviousness,
and rape, the marriage of the offended part" shall extinguish the criminal
action.
E) 0ny person who entered another=s dwelling to prevent serious
harm to himself, the occupants of the dwelling or a third person
rendered some service to humanity or justice, or entered cafes,
taverns, inns and other public houses while the same were open.
#$rt. '()& par. *%
bsolutory cause has the effect of an exempting circumstance and they are
predicated on lac# of voluntariness li#e instigation. Instigation is associated
with criminal intent. 8o not consider culpa in connection with instigation. If the
crime is culpable, do not tal# of instigation. In instigation, the crime is
committed with dolo. It is confused with entrapment.
0ntrapment is not an absolutory cause. 0ntrapment does not exempt the
offender or mitigate his criminal liability. $ut instigation absolves the offender
from criminal liability because in instigation, the offender simply acts as a tool
of the law enforcers and, therefore, he is acting without criminal intent
because without the instigation, he would not have done the criminal act
which he did upon instigation of the law enforcers.
3ifference between instigation and entrapment
In instigation, the criminal plan or design exists in the mind of the law enforcer
with whom the person instigated cooperated so it is said that the person
instigated is acting onl" as a mere instrument or tool of the law enforcer in the
performance of his duties.
<n the other hand, in entrapment, a criminal design is alread" in the mind of
the person entrapped. (t did not emanate from the mind of the law enforcer
entrapping him. 6ntrapment involves onl" wa"s and means which are laid
down or resorted to facilitate the apprehension of the culprit.
0ntrapment is not an absolutory cause because in entrapment, the offender is
already committing a crime.
The element which ma#es instigation an absolutory cause is the lac# of
criminal intent as an element of voluntariness.
41
42
If the instigator is a law enforcer, the person instigated cannot be criminall"
liable, because it is the law enforcer who planted that criminal mind in him to
commit the crime, without which he would not have been a criminal. If the
instigator is not a law enforcer, both will be criminally liable, you cannot have
a case of instigation. (n instigation, the private citi+en onl" cooperates with
the law enforcer to a point when the private citi+en upon instigation of the law
enforcer incriminates himself. (t would be contrar" to public polic" to
prosecute a citi+en who onl" cooperated with the law enforcer. #he private
citi+en believes that he is a law enforcer and that is wh" when the law
enforcer tells him, he believes that it is a civil dut" to cooperate.
If the person instigated does not #now that the person is instigating him is a
law enforcer or he #nows him to be not a law enforcer, this is not a case of
instigation. This is a case of inducement, both will be criminally liable.
In entrapment, the person entrapped should not #now that the person trying
to entrap him was a law enforcer. #he idea is incompatible with each other
because in entrapment, the person entrapped is actuall" committing a crime.
#he officer who entrapped him onl" la"s down wa"s and means to have
evidence of the commission of the crime, but even without those wa"s and
means, the person entrapped is actuall" engaged in a violation of the law.
Instigation absolves the person instigated from criminal liability. #his is based
on the rule that a person cannot be a criminal if his mind is not criminal. <n
the other hand, entrapment is not an absolutory cause. It is not even
mitigating.
(n case of somnambulism or one who acts while sleeping, the person
involved is definitel" acting without freedom and without sufficient intelligence,
because he is asleep. 0e is moving like a robot, unaware of what he is doing.
3o the element of voluntariness which is necessar" in dolo and culpa is not
present. 3omnambulism is an absolutor" cause. (f element of voluntariness
is absent, there is no criminal liabilit", although there is civil liabilit", and if the
circumstance is not among those enumerated in Article 12, refer to the
circumstance as an absolutor" cause.
'ista2e of fact is an absolutory cause. #he offender is acting without
criminal intent. 3o in mistake of fact, it is necessar" that had the facts been
true as the accused believed them to be, this act is &ustified. (f not, there is
criminal liabilit", because there is no mistake of fact an"more. #he offender
must believe he is performing a lawful act.
%tenuating circumstances

The effect of this is to mitigate the criminal liability of the offender. (n other
words, this has the same effect as mitigating circumstances, onl" "ou do not
call it mitigating because this is not found in Article 13.
42
43
#he concealment of honor by mother in the crime of infanticide is an
extenuating circumstance but not in the case of parricide when the age of the
victim is three da"s old and above.
In the crime of adultery on the part of a married woman abandoned by her
husband. Abandonment b" the husband does not &ustif" the act of the woman.
(t onl" extenuates or reduces criminal liabilit". .hen the effect of the
circumstance is to lower the penalty there is an extenuating circumstance.
-istinctions !etween :ustif"ing circumstances an# e%empting
circumstances
In 6ustifying circumstances 7
415 #he circumstance affects the act, not the actor1
425 #he act complained of is considered to have been done within the
bounds of law1 hence, it is legitimate and lawful in the e"es of the law1
435 3ince the act is considered lawful, there is no crime, and because there
is no crime, there is no criminal1
445 3ince there is no crime or criminal, there is no criminal liabilit" as well
as civil liabilit".
In exempting circumstances /
415 #he circumstances affect the actor, not the act1
425 #he act complained of is actuall" wrongful, but the actor acted without
voluntariness. 0e is a mere tool or instrument of the crime1
435 3ince the act complained of is actuall" wrongful, there is a crime. =ut
because the actor acted without voluntariness, there is absence of dolo
or culpa. #here is no criminal1
445 3ince there is a crime committed but there is no criminal, there is civil
liabilit" for the wrong done. =ut there is no criminal liabilit". 0owever,
in paragraphs 4 and . of Article 12, there is neither criminal nor civil
liabilit".
.hen you apply for justifying or exempting circumstances, it is confession
and avoidance and burden of proof shifts to the accused and he can no
longer rely on wea#ness of prosecution5s evidence
Art. 22: <ustifying "ircumstances 8 those wherein the acts of the actor are
in accor#ance with law. hence. he is :ustifie#. There is no criminal an#
civil lia!ilit" !ecause there is no crime.
1E?9-3E9E/1E
43
44
A. 1eason for lawfulness of self=defense* because it would be impossible
for the 3tate to protect all its citi+ens. Also a person cannot &ust give up
his rights without an" resistance being offered.
,ince the justifying circumstances are in the nature of defensive acts, there
must be always unlawful aggression. The reasonableness of the means
employed depends on the gravity of the aggression. If the unlawful aggressor
was #illed, this can only be justified if it was done to save the life of the person
defending or the person being defended. The e(uation is <life was ta2en to
save life.=
=. Rights inclu#e# in self8#efense*
1. 9efense of person
2. 9efense of rights protected b" law
3. 9efense of property*
a. #he owner or lawful possessor of a thing has a right to exclude
an" person from the en&o"ment or disposal thereof. 7or this
purpose, he ma" use such force as ma" be reasonabl" necessar"
to repel or prevent an actual or threatened unlawful ph"sical
invasion or usurpation of his propert". 4rt. B)A, New *ivil *ode5

4. 9efense of chastity
C. L&+T':
2. /+LA,>/L AGGR'')0+ $ is a ph"sical act manifesting danger
to life or limb1 it is either actual or imminent.
a. #ctual=real aggression $ -eal aggression presupposes an act
positivel" strong, showing the wrongful intent of the aggressor,
which is not merel" threatening or intimidating attitude, but a
material attack. #here must be real danger to life a personal
safet".
b. Imminent unlawful aggression $ it is an attack that is impending or
on the point of happening. (t must not consist in a mere
threatening attitude, nor must it be merel" imaginar". #he
intimidating attitude must be offensive and positivel" strong.
8o not confuse unlawful aggression with provocation. 'hat
&ustifies the killing of a supposed unlawful aggressor is that if the
offender did not kill the aggressor, it will be his own life that will be
lost.
To give rise to self-defense& the aggression must not be a
lawful one like the attack of a husband against a paramour of his
wife whom he surprised in an uncompromising situation, or a chief
44
48
of police who threw stones at the accused who was running away to
elude arrest of a crime committed in his presence. Their aggression
was not considered unlawful.
c. 'here there is an agreement to fight, there is no unlawful
aggression. 6ach of the protagonists is at once assailant and
assaulted, and neither can invoke the right of self$defense,
because aggression which is an incident in the fight is bound to
arise from one or the other of the combatants. 6xception* 'here
the attack is made in violation of the conditions agreed upon,
there ma" be unlawful aggression.
d. :nlawful aggression in self=defense, to be justifying, must exist
at the time the defense is made. (t ma" no longer exist if the
aggressor runs awa" after the attack or he has manifested a
refusal to continue fighting. (f the person attacked allowed some
time to elapse after he suffered the in&ur" before hitting back, his
act of hitting back would not constitute self$defense, but
revenge.
The unlawful aggression must come from the person who was
attacked by the accused. It follows that when the source of the
unlawful aggression is not known, then unlawful aggression cannot
be considered present in the resolution of the case. This observation
is true only in self!defense. Obviously, it cannot apply to defense of
relatives and strangers.
A light push on the head with the hand is not unlawful
aggression, but a slap on the face is, because his dignit" is in
danger.
A police officer exceeding his authorit" ma" become an unlawful
aggressor.
#he nature, character, location, and extent of the wound ma"
belie claim of self$defense.
#hen the aggressors runs away, the one making a defense has no
more right to invoke self!defense. (People vs& #lconga)
2 7. RA'0+A(L +C'')TH 0> T1 &A+' &PL0H- T0
PRB+T 0R RPL )T;
It contemplates two situations that may arise while the aggression is
taking place. The +rst is to repel an actual aggression. The second is
to prevent an imminent or impending aggression.
a. *e.uisites+
Means were used to prevent or repel
48
4/
Means must be necessar" and there is no other wa" to
prevent or repel it
Means must be reasonable depending on the
circumstances, but generall" proportionate to the force of the
aggressor.
b. #he rule here is to stand your ground when in the right which
ma" invoked when the defender is unlawfull" assaulted and the
aggressor is armed with a weapon.
#here the accused is >where he has the right to be? the law does
not re/uire him to retreat when assaulted, but rather to >stand
ground when in the right.? (*&+& vs& -amen)
c. #he rule is more liberal when the accused is a peace officer
who, unlike a private person, cannot run awa".
d. #he reasonable necessit" of the means emplo"ed to put up the
defense.
The gauge of reasonable necessity is the instinct of self=
preservation, i.e. a person did not use his rational mind to
pick a means of defense but acted out of self$preservation,
using the nearest or onl" means available to defend himself,
even if such means be disproportionatel" advantageous as
compared with the means of violence emplo"ed b" the
aggressor.
1easonableness of the means depends on the nature and
the (uality of the weapon used, physical condition, character,
si!e and other circumstances.
#hether or not the means employed is reasonable will depend upon
the place, occasion and other circumstances. @ore often, it is the
nature and /uality of weapon used by the aggressor. It is also
dictated by the physical condition, si"e and se of the person
defending himself.
6. LACI 0> '/>>)C)+T PR0B0CAT)0+ 0+ T1 PART 0> T1
PR'0+ ->+-)+G 1)&'L>.
5or provocation to be considered serious by the court, the degree
must be su9cient and must at all times be immediate to the
unlawful aggression. ("astanares vs& "ourt of #ppeals, :( +"!# >9?)
a. 'hen no provocation at all was given to the aggressor b" the
person defending himself.
b. .hen even if provocation was given by the person defending
himself, such was not sufficient to cause violent aggression on
the part of the attac#er, i.e. the amount of provocation was not
4/
4.
sufficient to stir the aggressor into the acts which led the
accused to defend himself.
c. 'hen even if the provocation were sufficient, it was not given b"
the person defending himself.
d. 'hen even if provocation was given b" the person defending
himself, the attack was not proximate or immediate to the act of
provocation.
e. 3ufficient means proportionate to the damage caused b" the
act, and ade2uate to stir one to its commission.
-. Iin#s of 'elf8-efense
1. 1elf-defense of chastity $ to be entitled to complete self$defense
of chastit", there must be an attempt to rape, mere imminence
thereof will suffice.
Honor of a woman in respect of her defense is e(uated with her
virginity
2. 3efense of property $ an attack on the propert" must be coupled
with an attack on the person of the owner, or of one entrusted with
the care of such propert".
#his can onl" be invoked if the life and limb of the person making the defense
is also the sub&ect of unlawful aggression. 9ife cannot be e(ual to property.
3. 1elf-defense in libel $ ph"sical assault ma" be &ustified when the
libel is aimed at a personCs good name, and while the libel is in
progress, one libel deserves another.
In order however, that one may invoke this novel doctrine, the
defamatory statements made by the accused must be a fair answer
to the libel made by the supposed ofended party and must be
related to the imputation made. (pp vs& "hua @ong) In conclusion, if the
answer which is libelous is ecessive, it will not constitute self!
defense.
J(ur#en of proof $ on the accused 4sufficient, clear and convincing
evidence1 must rel" on the strength of his own evidence and not on the
weakness of the prosecution5
->+' 0> RLAT)B
Elements+
'& unlawful aggression
4.
4@
(& reasonable necessity of the means employed to prevent or repel the
attac%4
5& in case provocation was given by the person attac%ed, that the person
ma%ing the defense had no part in such provocation&

*elatives entitled to the defense*
1. spouse
2. ascendants
3. descendants
4. legitimate, natural or adopted brothers or sisters
8. relatives b" affinit" in the same degree 42
nd
degree5
/. relatives b" consanguinit" within the 4th civil degree.
The third element need not ta#e place. #he relative defended ma"
even be the original aggressor. All that is re2uired to &ustif" the act of
the relative defending is that he takes no part in such provocation.
Eeneral opinion is to the effect that all relatives mentioned must be
legitimate, except in cases of brothers and sisters who, b" relatives b"
nature, ma" be illegitimate.
#he unlawful aggression ma" depend on the honest belief of the
person making the defense.
If the person being defended is already a second cousin, "ou do not invoke
defense of relative an"more. (t will be defense of stranger. #his is vital
because if the person making the defense acted out or revenge, resentment
or some evil motive in killing the aggressor, he cannot invoke the &ustif"ing
circumstance if the relative defended is alread" a stranger in the e"es of the
law. <n the other hand, if the relative defended is still within the coverage of
defense of relative, even though he acted out of some evil motive, it would still
appl". (t is enough that there was unlawful aggression against the relative
defended, and that the person defending did not contribute to the unlawful
aggression.
Mista,e of fact can be the basis of defending a relative. If the
defender believes in good faith the events presented to him and he
acts accordingly, he is entitled to the bene%t of defense of relatives,
even if later on, the events would actually show that they were
diferent.
->+' 0> 'TRA+GR
Elements
'& unlawful aggression
(& reasonable necessity of the means employed to prevent or repel the
attac%4
4@
4:
5& the person defending be not induced by revenge, resentment or other
evil motive&
JJJ A relative not included in defense of relative is included in defense of
stranger.
EEE $e not induced by evil motive means that even an enem" of the
aggressor who comes to the defense of a stranger ma" invoke this
&ustif"ing circumstances so long as he is not induced b" a motive that is
evil.
'TAT 0> +C'')TH
. rt. &&, "ar. B provides6
An" person who. in or#er to avoi# an evil or in:ur". #oes an act which
causes #amage to another. provi#e# that the following re.uisites are
present:
0irst& That the evil sought to !e avoi#e# actuall" e%ists;
+econd. That the in:ur" feare# !e greater than that #one to avoi# it;
)hird& That there !e no other practical an# less harmful means of
preventing it.
The term damage to another refers to injury to persons and
prejudice or damage to property.
The term evil, means harmful, injurious, disastrous, and destructive.
0s contemplated, it must actually eist. If it is merely epected or
anticipated, the one acting by such notion is not in a state of
necessity.
$. A state of necessity exists when there is a clash between une2ual
rights, the lesser right giving wa" to the greater right. Aside from the 3
re2uisites stated in the law, it should also be added that the necessity
must not be due to the negligence or violation of any law by the actor.
The state of necessity must not have been created by the one invo#ing the
justifying circumstances.
*. The person for whose benefit the harm has been prevented shall be
civilly liable in proportion to the benefit which may have been received.
#his is the onl" &ustif"ing circumstance which provides for the pa"ment
of civil indemnit". Bnder the other &ustif"ing circumstances, no civil
liabilit" attaches. #he courts shall determine, in their sound discretion,
the proportionate amount for which one is liable.
*ivil liability referred to in a state of necessity is based not on the act
committed but on the benefit derived from the state of necessity. ,o the
4:
8;
accused will not be civilly liable if he did not receive any benefit out of the
state of necessity. >n the other hand, persons who did not participate in the
damage or injury would be pro tanto civilly liable if they derived benefit out of
the state of necessity.
>/L>)LL&+T 0> -/TH 0R LA,>/L *RC)' 0> A R)G1T 0R
0>>)C
A. Elements+
'& that the accused acted in the performance of a duty, or in the lawful
exercise of a right or office4
(& that the injury caused or offense committed be the necessary
consequence of the due performance of the duty, or the lawful exercise
of such right or office&
=. A police officer is &ustified in shooting and killing a criminal who refuses
to stop when ordered to do so, and after such officer fired warning
shots in the air.
shooting an offender who refused to surrender is &ustified, but not a
thief who refused to be arrested.
%. The accused must prove that he was duly appointed to the position he
claimed he was discharging at the time of the commission of the
offense. (t must be made to appear not onl" that the in&ur" caused or
the offense committed was done in the fulfillment of a dut", or in the
lawful exercise of a right or office, but that the offense committed was a
necessar" conse2uence of such fulfillment of dut", or lawful exercise of
a right or office.
9. A mere securit" guard has no authorit" or dut" to fire at a thief,
resulting in the latterCs death.
0(-)+C T0 A '/PR)0R 0R-R
A. Elements+
'& there is an order4
(& the order is for a legal purpose4
5& the means used to carry out said order is lawful&
The person giving the order must act within the limitations
prescribed by law. The subordinate taking the order must likewise
act within the bounds of law. (People vs& ;anis)
=. The subordinate who is made to comply with the order is the party
which may avail of this circumstance. #he officer giving the order ma"
not invoke this.
8;
81
%. #he subordinate5s good faith is material here. (f he obe"ed an order in
good faith, not being aware of its illegalit", he is not liable. 0owever,
the order must not be patently illegal. (f the order is patentl" illegal this
circumstance cannot be validl" invoked.
9. #he reason for this &ustif"ing circumstance is the subordinateCs mistake
of fact in good faith.
6. 0ven if the order be patently illegal, the subordinate ma" "et be able to
invoke the exempting circumstances of having acted under the
compulsion of an irresistible force, or under the impulse of an
uncontrollable fear.
*&PT)+G C)RC/&'TA+C'
Exempting circumstances %non=imputability' are those ground for
exemption from punishment because there is wanting in the agent of the
crime of an" of the conditions which make the act voluntar", or negligent.
Basis+ #he exemption from punishment is based on the complete absence
of intelligence, freedom of action, or intent, or on the absence of
negligence on the part of the accused.
# person who acts $I)@;*) A#8I"6 4without intelligence, freedom of
action or intent5 or $I)@;*) B678I76B"6 4without intelligence, freedom
of action or fault5 is B;) "!IAIB#88C 8I#,86 or is 6D6AP) 0!;A
P*BI+@A6B)&
#here is a crime committed but no criminal liability arises from it because
of the complete absence of an" of the conditions which constitute free will
or voluntariness of the act.
Burden of proof+ An" of the circumstances is a matter of defense and
must be proved b" the defendant to the satisfaction of the court.
Art. 27& "I!"*A+)#B"6+ $@I"@ 6D6AP) 0!;A "!IAIB#8 8I#,I8I)C.
The following are e%empt from criminal lia!ilit":
2. A+ )&(C)L 0R )+'A+ PR'0+. unless the latter has acte#
#uring a luci# interval.
'hen the imbecile or an insane person has committed an act which the
law defines as a felon" 4delito5, the court shall order his confinement on
one of the hospital or as"lums established for persons thus afflicted. 0e
81
82
shall not be permitted to leave without first obtaining the permission of the
same court.
*e.uisites+
a. <ffender is an imbecile
b. <ffender was insane at the time of the commission of the crime
)&(C)L)TH 0R )+'A+)TH
a. Basis+ complete absence of intelligence, and element of
voluntariness.
b. 3efinition +
An imbecile is one who while advanced in age has a mental development
comparable to that of children between 2 and . "ears of age.
An insane is one who acts with complete deprivation of intelligence?reason
or without the least discernment or with total deprivation of freedom of the
will.
The insanity that is exempting is limited only to mental aberration or disease
of the mind and must completely impair the intelligence of the accused.
the two tests for exemption on grounds of insanity6

%&' The test of cognition, or whether the accused acted with complete
deprivation of intelligence in committing said crime1 and
%)' The test of volition, or whether the accused acted in total deprivation
of freedom of will.
An imbecile is exempt in all cases from criminal liabilit" 4no lucid interval5.
#he insane is not so exempt if it can be shown that he acted during a lucid
interval. (n the latter, loss of consciousness of ones acts and not merel"
abnormalit" of mental faculties will 2ualif" ones acts as those of an insane.
4rocedure+ court is to order the confinement of such persons in the
hospitals or as"lums established. 3uch persons will not be permitted to
leave without permission from the court. #he court, on the other hand, has
no power to order such permission without first obtaining the opinion of the
9<0 that such persons ma" be released without danger.
"resumption is always in favor of sanity. #he defense has the burden to
prove that the accused was insane at the time of the commission of the
crime. 7or the ascertainment such mental condition of the accused, it is
permissible to receive evidence of the condition of his mind during a
reasonable period both before and after that time. %ircumstantial
evidence which is clear and convincing will suffice. An examination of the
outward acts will help reveal the thoughts, motives and emotions of a
person and if such acts conform to those of people of sound mind.
82
83
Insanity at the time of the commission of the crime and not that at the time
of the trial will exempt one from criminal liability. (n case of insanit" at the
time of the trial, there will be a suspension of the trial until the mental
capacit" of the accused is restored to afford him a fair trial.
0vidence of insanity must refer to the time preceding the act under
prosecution or to the very moment of its execution. 'ithout such evidence,
the accused is presumed to be sane when he committed the crime.
%ontinuance of insanit" which is occasional or intermittent in nature will
not be presumed. (nsanit" at another time must be proved to exist at the
time of the commission of the crime. A person is also presumed to have
committed a crime in one of the lucid intervals. %ontinuance of insanit"
will onl" be presumed in cases wherein the accused has been ad&udged
insane or has been committed to a hospital or an as"lum for the insane.
)nstances of )nsanit":
a. -ementia praecox (+chi.oprenia) is covered b" the term insanit"
because homicidal attack is common in such form of ps"chosis. (t is
characteri+ed b" delusions that he is being interfered with sexuall", or
that his propert" is being taken, thus the person has no control over his
acts.
b. Eleptomania or presence of abnormal, persistent impulse or tendenc"
to steal, to be considered exempting, will still have to be investigated
b" competent ps"chiatrist to determine if the unlawful act is due to the
irresistible impulse produced b" his mental defect, thus loss of will$
power. (f such mental defect onl" diminishes the exercise of his
willpower and did not deprive him of the consciousness of his acts, it is
onl" mitigating.
c. 6pilepsy which is a chronic nervous disease characteri+ed b"
convulsive motions of the muscles and loss of consciousness ma" be
covered b" the term insanit". 0owever, it must be shown that
commission of the offense is during one of those epileptic attacks.
-e"es* 0eeblemindedness is not imbecilit" because the offender can
distinguish right from wrong. An imbecile and an insane to be exempted
must not be able to distinguish right from wrong.
-elova* 7eeblemindedness is imbecilit".
%rimes committed while in a dream, b" a somnambulist are embraced in
the plea of insanit". @ypnotism, however, is a debatable issue.
%rime committed while suffering from malignant malaria is characteri+ed b"
insanit" at times thus such person is not criminall" liable.
7. A PR'0+ /+-R +)+ HAR' 0> AG.
83
84
'I/!*ITC
a. *e.uisite+ >ffender is under A years of age at the time of the
commission of the crime. #here is absolute criminal irresponsibilit" in
the case of a minor under :$"ears of age.
b. Basis+ complete absence of intelligence.
:nder nine years to be construed nine years or less. 3uch was inferred
from the next subse2uent paragraph which does not totall" exempt those
over nine "ears of age if he acted with discernment.
If a youth committed homicide on his Ath birthday 8 meaning,
he was e-actly nine years old at that time and he acted with
discernment, it would seem that, following the policy that penal laws
are to be strictly construed against the :overnment and liberally in
favor of the accused, he should be eempt from criminal liability.
!resumptions of incapabilit" of committing a crime is absolute.
ge is computed up to the time of the commission of the crime. Age can
be established b" the testimonies of families and relatives.
,enility or second childhood is only mitigating.
< perio#s of the life of a human !eing:
Age Criminal *esponsibility
: years and below Absolute irresponsibilit"
,etween : and '>
years old
%onditional responsibilit"
.ithout discernment no liabilit" .ith 8iscernment mitigated
liabilit"
,etween '> and 'F
years old
Mitigated responsibilit"
,etween 'F and ?G
years old
7ull responsibilit"
;ver ?G years old Mitigated responsibilit"
6. A PR'0+ 0BR +)+ HAR' 0> AG A+- /+-R >)>T+.
/+L'' 1 1A' ACT- ,)T1 -)'CR+&+T. in which case. such
minor shall !e procee#e# against in accor#ance with the provisions of
article FG of this Co#e.
,hen such minor is a#:u#ge# to !e criminall" irresponsi!le. the
court. in conformit" with the provisions of this an# the prece#ing
paragraph. shall commit him to the care an# custo#" of his famil" who
shall !e charge# with his surveillance an# e#ucation; otherwise. he shall
84
88
!e committe# to the care of some institution or person mentione# in
sai# article FG.
C/AL)>)- &)+0R)TH* Basis+ complete absence of intelligence
,uch minor over A years and under &F years of age must have acted
without discernment to be exempted from criminal liability. If with
discernment, he is criminally liable.
"resumption is always that such minor has acted without discernment.
#he prosecution is burdened to prove if otherwise.
3iscernment means the mental capacit" of a minor between : and 18
"ears of age to full" appreciate the conse2uences of his unlawful act and
the mental capacity to understand the diference between right
and wrong. +uch is shown by* 415 manner the crime was committed 4i.e.
commission of the crime during nighttime to avoid detection1 taking the loot
to another town to avoid discover"5, or 425 the conduct of the offender after
its commission 4i.e. elation of satisfaction upon the commission of his
criminal act as shown b" the accused cursing at the victim5.
0n accused who knows the morality of his acts, or can
appreciate the conse/uences of his action has acted with
discernment.
If such minor is adjudged to be criminally liable, he is charged to the
custod" of his famil", otherwise, to the care of some institution or person
mentioned in article @;. #his is because of the courtCs presupposition that
the minor committed the crime without discernment.

youthful offender can only be confined in a reformatory upon order of the
court. Bnder the amendment to !residential 9ecree )o. /;3, !residential
9ecree )o. 11.: re2uires that before a "outhful offender ma" be given the
benefit if a suspension of sentence, there must be an application filed with the
court which should pronounce sentence. )ote that the commitment of the
offender in a reformatory is just a conse(uence of the suspension of the
sentence. (f the sentence is not suspended, there is no commitment in a
reformator". #he commitment is in a penitentiar", since suspension of
sentence re(uires certain conditions6
%&' The crime committed should not be punishable by reclusion perpetua
or death penalty-
%)' The offender should not have been given the benefit of a suspended
sentence before. This means he is a first timer-
%D' He must be below &@ years old because a youthful offender is one who
is below &@.
88
8/
How does the minority of the offender affect his criminal liability;
%&' If the offender is within the brac2et of nine years old exactly or
less, he is exempt from criminal liabilit" but not from civil liabilit". #his
t"pe of offenders are absolutel" exempt. 6ven if the offender nine
"ears or below acted with discernment, this should not be taken
against him because in this age bracket, the exemption is absolute.
%)' If over nine but below $8, a distinction has to be made whether the
offender acted with or without discernment. #he burden is upon the
prosecution to prove that the offender acted with discernment. (t is not
for the minor to prove that he acted without discernment. All that the
minor has to show is that he is within the age bracket. (f the
prosecution would want to pin criminal liabilit" on him, it has to prove
that the crime was committed with discernment. 0ere, if the offender
was exempt from criminal liabilit" because the prosecution was not
able to prove that the offender acted with discernment, he is onl" civill"
liable but he will be committed to the surveillance of his parents who
will be re2uired to report to the court periodicall" on the progress or
development of the offender.
If the offender is proven to have acted with discernment, this is where
the court ma" give him the benefit of a suspended sentence. 0e ma"
be given the benefit of a suspended sentence under the conditions
mentioned earlier and onl" if he would file an application therefor.
,uspension of sentence is not automatic. If the youthful offender has filed an
application therefor.
%D' If at the time the 6udgment is to be promulgated he is already
above $#, he cannot avail of a suspended sentence. #he reason is
because if the sentence were to be suspended, he would be committed
in a reformator". 3ince he cannot be committed to a reformator"
an"more because he is not less than 1@ "ears old, he would have to be
committed to a penitentiar". #hat means promulgation of the sentence
shall not be suspended. (f the sentence should not be suspended,
although the minor ma" be 2ualified, the court will promulgate the
sentence but the minor shall be entitled to the reduction of the penalt"
b" at least two degrees.
.hen the offender is over nine but below &F, the penalt" to be imposed
is discretionar" on the court, but lowered b" at least two degrees. (t
ma" be lowered b" three or four degrees, depending upon whether the
court deems best for the interest of the offender. #he limitation that it
should be lowered b" at least two degrees is &ust a limitation on the
power of the court to reduce the penalt". (t cannot be less than two
degrees.
%B' If the offender is $8 years old and above but below $#. there is no
exemption an"more but he is also given the benefit of a suspended
sentence under the conditions stated earlier and if at the time the
8/
8.
sentence is promulgated, he is not 1@ "ears old or over "et. (f the
sentence is promulgated, the court will impose a penalt" one degree
lower.
Allegation of 2with intent to #ill3 in the information is sufficient allegation of
discernment as such conve"s the idea that he knew what would be the
conse2uences of his unlawful act. #hus is the case wherein the
information alleges that the accused, with intent to kill, willfull", criminall"
and feloniousl" pushed a child of @ 1?2 "ears of age into a deep place. (t
was held that the re2uirement that there should be an allegation that she
acted with discernment should be deemed ampl" met.
<. An" person who. while performing a lawful act with #ue care.
causes an in:ur" !" mere acci#ent without fault or intention of causing
it.
ACC)-+T (-A&+/& A('C/ )+4/R)A): Basis+ lack of negligence
and intent.
Elements+
a& # person is performing a lawful act
b& 6xercise of due dare
c& @e causes injury to another by mere accident
d& $ithout fault or intention of causing it&
:nder rticle &), paragraph B, the offender is exempt not only from criminal
but also from civil liability. This paragraph embodies the 9atin maxim
2damnum abs(ue injuria3.
9ischarge of a firearm in a thickl" populated place in the %it" of Manila
being prohibited b" Art. 188 of the -!% is not a performance of a lawful
act when such led to the accidental hitting and wounding of 2 persons.
9rawing a weapon?gun in the course of self$defense even if such fired and
seriousl" in&ured the assailant is a lawful act and can be considered as
done with due care since it could not have been done in an" other manner.
!roblem"
0, armed with .,B caliber and 4, who has no weapon, robbed a
store* but in the course thereof, were seen by $, a policeman who
was armed with a .3C caliber gun, and when he demanded for the
surrender of 0 and 4, 0 shot him but missed, and so $ repelled the
attack. In the echange of shots, 0 was killed, together with 4, and &
the owner of the store. The three were killed by the bullets %red
8.
8@
from a .3C caliber. In such case, $ is not liable for the death of 0 due
to self-defense as all the three -,( elements were present. De is not
also liable for the death of 4, not because of self!defense because
the latter being weaponless can not commit unlawful aggression,
but because of performance of duty. 5or the death of &, the store
owner, $, is also not criminally liable obviously not because of self!
defense nor of ful%llment of duty but because of accident provided
for in par. ) of 0rt. )+.
'ith the fact dul" established b" the prosecution that the appellant was
guilt" of negligence, this exempting circumstance cannot be applied
because application presupposes that there is no fault or negligence on
the part of the person performing the lawful act.
Accident happens outside the swa" of our will, and although it comes
about some act of our will, lies be"ond the bounds of humanl" foreseeable
conse2uences. If the conse/uences are plainly foreseeable, it will
be a case of negligence.
#he accused, who, while hunting saw wild chickens and fired a shot can
be considered to be in the performance of a lawful act executed with due
care and without intention of doing harm when such short recoiled and
accidentall" wounded another. 3uch was established because the
deceased was not in the direction at which the accused fired his gun.
#he chauffeur, who while driving on the proper side of the road at a
moderate speed and with due diligence, suddenl" and unexpectedl" saw a
man in front of his vehicle coming from the sidewalk and crossing the
street without an" warning that he would do so, in effect being run over b"
the said chauffeur, was held not criminall" liable, it being b" mere accident.
The infliction of the injury by mere accident does not give rise to a criminal or
civil liability, but the person who caused the injury is duty bound to attend to
the person who was injured. If he would abandon him, it is in that
abandonment that the crime arises which is punished under the second
paragraph of rticle )CF.
=. An" person who acts un#er the compulsion of an irresisti!le
force.
)RR')'T)(L >0RC: Basis+ complete absence of freedom, an
element of voluntariness
Elements+
a& )hat the compulsion is by means of physical force
b& )hat the physical force must be irresistible&
8@
8:
c& )hat the physical force must come from a third person
Force, to be irresistible, must produce such an effect on an individual that
despite of his resistance, it reduces him to a mere instrument and, as
such, incapable of committing a crime. (t compels his member to act and
his mind to obe". (t must act upon him from the outside and b" a third
person. De must act not only without a will but also against his
will.
=aculi, who was accused but not a member of a band which murdered
some American school teachers and was seen and compelled b" the
leaders of the band to bur" the bodies, was not criminall" liable as
accessor" for concealing the bod" of the crime. =aculi acted under the
compulsion of an irresistible force.
(rresistible force can never consist in an impulse or passion, or
obfuscation. It must consist of an extraneous force coming from a third
person.
A. An" person who acts un#er the impulse of an uncontrolla!le fear
of an e$ual or greater in:ur".
/+C0+TR0LLA(L >AR: Basis+ complete absence of freedom
Elements
a& that the threat which causes the fear is of an evil greater than, or at least
equal to that w=c he is required to commit
b& that it promises an evil of such gravity and imminence that the ordinary
man would have succumbed to it&
3uress, to be a valid defense, should be based on real, imminent or
reasonable fear for oneCs life or limb. (t should not be inspired b"
speculative, fanciful or remote fear.
The fear must be grave, actual, serious and of such kind that
majority of men would succumb to such moral compulsion. The
latter must be such as to leave a reasonable fear for one=s life or
limb and not speculative, fanciful or remote fear. (Pp vs& Parula, FF Phil
9'>)
Threat of future injury is not enough. #he compulsion must leave no
opportunit" to the accused for escape or self$defense in e2ual combat.
9uress is the use of violence or ph"sical force.
#here is uncontrollable fear is when the offender emplo"s intimidation or
threat in compelling another to commit a crime, while irresistible force is
8:
/;
when the offender uses violence or ph"sical force to compel another
person to commit a crime.
3an act done by me against my will is not my act2
The offender must be totally deprived of freedom. If the offender has still
freedom of choice, whether to act or not, even if force was employed on him
or even if he is suffering from uncontrollable fear, he is not exempt from
criminal liability because he is still possessed with voluntariness. In
exempting circumstances, the offender must act without voluntariness.
The distinction between irresistible force and uncontrollable
fear is that, in the former, the ofender uses violence or physical
force to compel another person to commit a crime* while in the
latter, the ofender employs threat or intimidation to compel another
to commit a crime. ;ince the actor acted without freedom, he incurs
no criminal liability.
E. An" person who fails to perform an act re$uire# !" law. when
prevente# !" some lawful or insupera!le cause.
LA,>/L 0R )+'/PRA(L CA/': Basis+ acts without intent, the
third condition of voluntariness in intentional felon"
Elements+
a& )hat an act is required by law to be done
b& )hat a person fails to perform such act
c& )hat his failure to perform such act was due to some lawful or insuperable
cause
0xamples of lawful cause6
a. !riest canCt be compelled to reveal what was confessed to him
b. )o available transportation officer not liable for arbitrar" detention
c. Mother who was overcome b" severe di++iness and extreme debilit",
leaving child to die not liable for infanticide
To be an 0G0+"TIN7 circumstance ()#6)# (3 'A)#()E
I/TE/T presupposes the exercise of freedom and the use of intelligence
3istinction between 6ustifying and exempting circumstance+
/;
/1
a. 6xempting there is a crime but there is no criminal. Act is not &ustified
but the actor is not criminall" liable.
7eneral 1ule6 #here is civil liabilit"

0xception* !ar 4 4causing an in&ur" b" mere accident5 and !ar .
4lawful cause5

b. <ustifying person does not transgress the law, does not commit an"
crime because there is nothing unlawful in the act as well as the
intention of the actor.
-istinction !etween %empting an# 4ustif"ing Circumstances
Exempting Circumstance (ustifying Circumstance
6xistence
of a crime
#here is a crime but there is
no criminal, the actor is
exempted from liabilit" of his
act
#here is no crime, the act is
&ustified
A!solutor" Causes are those where the act committed is a crime but
for some reason of public polic" and sentiment, there is no penalt"
imposed.
6xempting and Iustif"ing %ircumstances are absolutor" causes.
>ther examples of absolutory causes6
15 Art / spontaneous desistance
25 Art 2; accessories exempt from criminal liabilit"
35 Art 1: par 1 profiting oneCs self or assisting offenders to profit b" the
effects of the crime
(nstigation v. 6ntrapment
)+'T)GAT)0+ +TRAP&+T
(nstigator practicall" induces the would$
be accused into the commission of the
offense and himself becomes co$
principal
#he wa"s and means are resorted to
for the purpose of trapping and
capturing the lawbreaker in the
execution of his criminal plan.
Accused will be ac2uitted )<# a bar to accusedCs prosecution
and conviction
Absolutor" cause )<# an absolutor" cause
&)T)GAT)+G C)RC/&'TA+C'
3efinition #hose circumstance which reduce the penalt" of a crime
ffect -educes the penalt" of the crime but does not erase criminal
liabilit" nor change the nature of the crime
/1
/2
Dinds of 'itigating Circumstance*
Privilege# &itigating 0r#inar" &itigating
;ffset by any
aggravating
circumstance
%annot be offset b" an"
aggravating circumstance
%an be offset b" a generic
aggravating circumstance
6ffect on the
penalty
0as the effect of imposing the
penalt" b" 1 or 2 degrees lower
than that provided b" law
(f not offset, has the effect of
imposing the penalt" in the
minimum period
Einds Minorit", (ncomplete 3elf$
defense, two or more mitigating
circumstances without an"
aggravating circumstance 4has
the effect of lowering the penalt"
b" one degree5
#hose circumstances
enumerated in paragraph 1 to
1; of Article 13
IB !68#)I;B ); )@6 I&+&8&
"rivilege mitigating circumstance will apply over and above all other
considerations. 'hen "ou arrive at the correct penalt", that is the time when
"ou find out whether the (ndeterminate 3entence >aw will appl" or not.
For purposes of lowering the penalty by one or two degrees, the age of the
offender at the time of the commission of the crime shall be the basis, not the
age of the offender at the time the sentence is to be imposed. $ut for
purposes of suspension of the sentence, the age of the offender at the time
the crime was committed is not considered, it is the age of the offender at the
time the sentence is to be promulgated.
Article 26. Aitigating circumstances. 88
2. Those mentione# in the prece#ing chapter. when all the re$uisites
necessar" to :ustif" the act or to e%empt from criminal lia!ilit" in the
respective cases are not atten#ant
4ustif"ing circumstances
a. 1elf-defenseEdefense of relativeEdefense of stranger unlawful
aggression must be present for rt &D to be applicable. <ther 2
elements not necessar". If ) re(uisites are present / considered a
privileged mitigating circumstance.
0xample6 Iuan makes fun of !edro. !edro gets pissed off, gets a knife
and tries to stab Iuan. Iuan grabs his own knife and kills !edro.
(ncomplete self$defense because although there was unlawful
aggression and reasonable means to repel was taken, there was
/2
/3
sufficient provocation on the part of Iuan. =ut since 2 elements are
present, it considered as privileged mitigating.
5ow if at all may incomplete self-defense affect the criminal liability of
the offenderF
(f the 2uestion specificall" refers to incomplete self$defense, defense of
relative or defense of stranger, "ou have to 2ualif" "our answer.
9irst to have incomplete self=defense, the offended party must be guilty of
unlawful aggression. 'ithout this, there can be no incomplete self$defense,
defense of relative, or defense of stranger.
1econd, if only the element of unlawful aggression is present, the other
re(uisites being absent, the offender shall be given only the benefit of an
ordinary mitigating circumstance.
Third if aside from the element of unlawful aggression another re(uisite, but
not all, are present, the offender shall be given the benefit of a privileged
mitigating circumstance. In such a case, the imposable penalt" shall be
reduced b" one or two degrees depending upon how the court regards the
importance of the re2uisites present. <r absent.
b. 1tate of /ecessity ,par A- avoidance of greater evil or in6ury1 if an"
of the last 2 re2uisites is absent, thereCs onl" an ordinar" Mitigating
%ircumstance.

0xample* 'hile driving his car, Iuan sees !edro carelessl" crossing
the street. Iuan swerves to avoid him, thus hitting a motorbike with 2
passengers, killing them instantl". )ot all re2uisites to &ustif" act were
present because harm done to avoid in&ur" is greater. %onsidered as
mitigating.
c. 4erformance of 3uty ,par 8-
0xample* Iuan is supposed to arrest !edro. 0e thus goes to !edroCs
hideout. Iuan sees a man asleep. #hinking it was !edro, Iuan shot
him. Iuan ma" have acted in the performance of his dut" but the crime
was not a necessar" conse2uence thereof. %onsidered as mitigating.
%empting circumstance
a. 'inority over % and under $8 if minor acted with discernment,
considered !rivilege mitigating
0xample* 13 "ear old stole goods at nighttime. Acted with discernment
as shown b" the manner in which the act was committed.

If the offender is proven to have acted with discernment, this is where
the court may give him the benefit of a suspended sentence. He may
/3
/4
be given the benefit of a suspended sentence under the conditions
mentioned earlier and only if he would file an application therefor.
b. Causing in6ury by mere accident if 2
nd
re2uisite 4due care5
and 1
st
part of 4
th
re2uisite 4without fault thus negligence onl"5 are
A=36)#, considered as mitigating because the penalt" is lower than
that provided for intentional felon".
0xample* !olice officer tries to stop a fight between Iuan and !edro b"
firing his gun in the air. =ullet ricocheted and killed !etra. <fficer
willfull" discharged his gun but was unmindful of the fact that area was
populated.

c. :ncontrollable fear onl" one re2uisite present, considered
mitigating
0xample* Bnder threat that their farm will be burned, !edro and Iuan
took turns guarding it at night. !edro fired in the air when a person in
the shadows refused to reveal his identit". Iuan was awakened and
shot the unidentified person. #urned out to be a neighbor looking for is
pet. Iuan ma" have acted under the influence of fear but such fear was
not entirel" uncontrollable. %onsidered mitigating.
7. That the offen#er is /+-R 2F HAR' of age or 0BR EG HAR'. )n
the case of a minor. he shall !e procee#e# against in accor#ance with
the provisions of Art 257 of P- 5G6
Applicable to+
a. <ffender over :, under 18 who acted with discernment
b. <ffender over 18, under 1@
3
4 c. <ffender over .; "ears
ge of accused which should be determined as his age at the date of
commission of crime, not date of trial
Barious Ages an# their Legal ffects
a. under : exemptive circumstance
b. over :, below '> exemptive1 except if acted with discernment
c& minor delinquent under 'F sentence ma" be suspended 4!9 /;35
/4
/8
d. under 'F privileged mitigating circumstance
e. 'F and above full criminal responsibilit"
f. ?G and above mitigating circumstance1 no imposition of death penalt"1
execution of death sentence if alread" imposed is suspended and
commuted.
If the minor acted with discernment# age .-/0 %& he is entitled to a
privileged mitigating circumstance and by source of authority of
0rticle 6B, the penalty is reduced by two degrees from that
prescribed by law for the crime committed. If the o1ender is over
+fteen and under eighteen years of age, discernment is no longer in
issue but the ofender is entitled to a privileged mitigating
circumstance and the reduction is only by one degree. (7arcia vs&
Aadrigal, F>? Phil& 9>')
6. That the offen#er ha# no intention to commit so grave a wrong as that
committe# (Praeter Intentionem)
5
%an be used onl" when the facts prove to show that there is a notable and
evident disproportion between means employed to execute the criminal
act and its conse(uences
Intent is an indispensable element of the crime. #hen the intent is
less than the actual act committed, reason and fair play dictate that
a mitigated responsibility be imposed upon the ofender.
Intention+ as an internal act, is &udged b" the proportion of the means
emplo"ed to the evil produced b" the act, and also b" the fact that the
blow was or was not aimed at a vital part of the bod".
<udge by considering 415 the weapon used, 425 the in&ur" inflicted and 435 the
attitude of mind when the accuser attacked the other.
0xample* !edro stabbed #omas on the arm. #omas did not have the
wound treated, so he died from loss of blood.
Not applicable when offender employed brute force
0xample* -apist choked victim. =rute force of choking contradicts claim
that he had no intention to kill the girl.
Art 13, par 3 addresses itself to the intention of the offender at the
particular moment when he executes or commits the criminal act, not to
his intention during the planning stage.
/8
//
In crimes against persons if victim does not die, the absence of the intent
to kill reduces the felon" to mere ph"sical in&uries. (t is not considered as
mitigating. Mitigating onl" when the victim dies.
0xample* As part of fun$making, Iuan merel" intended to burn !edroCs
clothes. !edro received minor burns. Iuan is charged with ph"sical
in&uries. 0ad !edro died, Iuan would be entitled to the mitigating
circumstance.
)ot applicable to felonies b" negligence. 'h"A (n felonies through
negligence, the offender acts without intent. #he intent in intentional
felonies is replaced b" negligence, imprudence, lack of foresight or lack of
skill in culpable felonies. #here is no intent on the part of the offender
which ma" be considered as diminished.
=asis of par 3* intent, an element of voluntariness in intentional felon", is
diminished
Praeter intentionem
#he common circumstance given in the bar of praeter intentionem, under
paragraph 3, means that there must be a notable disproportion between the
means employed by the offender compared to that of the resulting felony. (f
the resulting felon" could be expected from the means emplo"ed, this
circumstance does not avail. This circumstance does not apply when the
crime results from criminal negligence or culpa. 'hen the crime is the
product of reckless imprudence or simple negligence, mitigating
circumstances does not appl". #his is one of the three instances where the
offender has performed a felon" different from that which he intended.
#herefore, this is the product of intentional felony, not a culpable one.
<. That the '/>>)C)+T PR0B0CAT)0+ 0R T1RAT on the part of the
offen#e# part" imme#iatel" prece#e# the act.
4rovocation 7 an" un&ust or improper conduct or act of the offended part",
capable of exciting, inciting or irritating an"one.
Basis+ diminution of intelligence and intent
Re$uisites:
a. 4rovocation must be sufficient.
1. ,ufficient ade2uate enough to excite a person to commit the wrong
and must accordingl" be proportionate to its gravit".
2. ,ufficiency depends on6
the act constituting the provocation
the social standing of the person provoked
time and place provocation took place
3. 0xample* Iuan likes to hit and curse his servant. 0is servant thus
killed him. #hereCs mitigating circumstance because of sufficient
provocation.
//
/.
4. 'hen it was the defendant who sought the deceased, the challenge
to fight b" the deceased is )<# sufficient provocation.
b. It must originate from the offended party
1. 'h"A >aw sa"s the provocation is Gon the part of the offended part"H
2. 0xample6 #omasC mother insulted !etra. !etra kills #omas because
of the insults. )o Mitigating %ircumstance because it was the mother
who insulted her, not #omas.
3. !rovocation b" the deceased in the first stage of the fight is not
Mitigating
%ircumstance when the accused killed him after he had fled because
the deceased from the moment he fled did not give an" provocation
for the accused to pursue and attack him.
c. 4rovocation must be immediate to the act. i.e., to the commission
of the crime b" the person who is provoked
1. 'h"A (f there was an interval of time, the conduct
of the offended part" could not have excited the accused to the
commission of the crime, he having had time to regain his reason
and to exercise self$control.
2. Threat should not be offensive and positively
strong because if it was, the threat to inflict real in&ur" is an unlawful
aggression which ma" give rise to self$defense and thus no longer
a Mitigating %ircumstance
The commission of the felony must be immediate to the threat or
provocation in order that this circumstance be mitigating. (f there is
sufficient break of time before the provocation or threat and the
conse2uent commission of the crime, the law presupposes that during
that interval, whatever anger or diminished self control ma" have
emerged from the offender had alread" vanished or disappeared.
#his is the correct interpretation of paragraph 4, Article 13. s long as the
offender at the time he committed the felony was still under the influence of
the outrage caused by the provocation or threat, he is acting under a
diminished self control. #his is the reason wh" it is mitigating.
<ou have to loo# at two criteria*
415 (f from the element of time, there is a material lapse of time stated in
the problem and there is nothing stated in the problem that the effect of
the threat or provocation had prolonged and affected the offender at
the time he committed the crime, then "ou use the criterion based on
the time element.
425 0owever, if there is that time element and at the same time, facts are
given indicating that at the time the offender committed the crime, he is
still suffering from outrage of the threat or provocation done to him,
then he will still get the benefit of this mitigating circumstance.
In 4eople v. 3io2no a *hinaman eloped with a woman. ctually, it was
almost three days before accused was able to locate the house where the
/.
/@
*hinaman brought the woman. Here, sufficient provocation was one of the
mitigating circumstances considered by the ,upreme *ourt in favor of the
accused.
=. That the act was committe# in the )&&-)AT B)+-)CAT)0+ 0> A
GRAB 0>>+' to the one committing the felon" (#elito). his spouse.
ascen#ants. #escen#ants. legitimate. natural or a#opte# !rother or
sisters. or relatives !" affinit" within the same #egree.

This has reference to the honor of a person. It concerns the
good names and reputation of the individual. (Pp vs& #npar, 5? Phil& (G')
1. *e.uisites+
thereCs a grave offense done to the one committing the felon"
etc.
that the felon" is committed in vindication of such grave
offense.
2. 9apse of time is allowed between the vindication and the one doing
the offense 4proximate time, not &ust immediatel" after5
3. 0xample* Iuan caught his wife and his friend in a compromising
situation. Iuan kills his friend the next da" still considered
proximate.
4*!0!CATI!/ 0I/3ICATI!/
Made directl" onl" to the person
committing the felon"
Erave offense ma" be also against the
offenderCs relatives mentioned b" law
%ause that brought about the
provocation need not be a grave
offense
<ffended part" must have done a
grave offense to the offender or his
relatives
)ecessar" that provocation or threat
immediatel" preceded the act. )o time
interval
Ma" be proximate. #ime interval
allowed
+ore lenient in vindication because offense concerns the honor of the
person. 3uch is more worth" of consideration than mere spite against the
one giving the provocation or threat.
Bin#ication of a grave offense
#he word GoffenseH should not be taken as a crime. (t is enough if what was
imputed or what was done was wrong. In considering whether the wrong is a
grave one upon the person who committed the crime, his age, education and
social status will be considered.
/@
/:
Here, in vindication of a grave offense, the vindication need not be done by
the person upon whom the grave offense was committed. 3o, unlike in
sufficient threat or provocation where the crime should be inflicted upon the
ver" person who made the threat or provocation, here, it need not be the
same person who committed the grave offense or who was offended b" the
wrong done b" the offended part".
#he word GimmediateH here does not carr" the same meaning as that under
paragraph 4. #he word GimmediateH here is an erroneous 3panish translation
because the 3panish word is GproximaH and not Gimmediatementa.H Therefore,
it is enough that the offender committed the crime with the grave offense
done to him, his spouse, his ascendant or descendant or to his brother or
sister, whether natural, adopted or legitimate and that is the proximate cause
of the commission of the crime.
It would seem that the rule is that, the court must consider
the lasting efect and infuence of the grave ofense to the ofender
when he resorted to commit the crime to vindicate such grave
ofense.
,indication of a grave offense and passion and obfuscation canCt be
counted separatel" and independentl"
A. That of having acte# upon an impulse so powerful as naturall" to have
pro#uce# PA'')0+ 0R 0(>/'CAT)0+
2assion and obfuscation refer to emotional feeling which
produces ecitement so powerful as to overcome reason and self!
control. It must come from prior unjust or improper acts. The
passion and obfuscation must emanate from legitimate sentiments.
"assion and obfuscation is mitigating* when there are causes naturall"
producing in a person powerful excitement, he loses his reason and self$
control. #hereb" dismissing the exercise of his will power.
",,I>N N8 >$F:,*TI>N are +itigating *ircumstances only when
the same arise from lawful sentiments 4not Mitigating %ircumstance when
done in the spirit of revenge or lawlessness5
*e.uisites for 4assion G !bfuscation
a. #he offender acted on impulse powerful enough to produce passion or
obfuscation
b. #hat the act was committed not in the spirit of lawlessness or revenge
c. #he act must come from lawful sentiments
Act which gave rise to passion and obfuscation
/:
.;
a. #hat there be an act, both unlawful and un&ust
b. #he act be sufficient to produce a condition of mind
c. #hat the act was proximate to the criminal act
d. #he victim must be the one who caused the passion or obfuscation
0xample6 Iuan saw #omas hitting his 4Iuan5 son. Iuan stabbed #omas.
Iuan is entitled to Mitigating %ircumstance of !K< as his actuation arose
from a natural instinct that impels a father to rush to the rescue of his son.
The obfuscation must be caused by unlawful act
)he exercise of a right or a fulfillment of a duty is not the proper source of
PH;.
0xample* A policeman arrested Iuan as he was making a public
disturbance on the streets. IuanCs anger and indignation resulting from the
arrest canCt be considered passionate obfuscation because the policeman
was doing a lawful act.
The act must be sufficient to produce a condition of mind. (f the cause of
the loss of self$control was trivial and slight, the obfuscation is not
mitigating.
0xample* IuanCs boss punched him for not going to work the other da".
%ause is slight.
#here could have been no Mitigating %ircumstance of !K< when more
than 24 hours elapsed between the alleged insult and the commission of
the felon", or several hours have passed between the cause of the !K<
and the commission of the crime, or at least L hours intervened between
the previous fight and subse2uent killing of deceased b" accused.
Not mitigating if relationship is illegitimate
#he passion or obfuscation will be considered even if it is based onl" on
the honest belief of the offender, even if facts turn out to prove that his
beliefs were wrong.
!assion and obfuscation cannot co$exist with treacher" since that means
the offender has had time to ponder his course of action.
!A33(<) A)9 <=7B3%A#(<) arising from one and the same cause
should be treated as onl" one mitigating circumstance
,indication of grave offense canCt co$exist w? !A33(<) A)9
<=7B3%A#(<)
.;
.1
4A11I!/ A/3 !B9:1CATI!/ I**E1ITIB?E 9!*CE
Mitigating 6xempting
)o ph"sical force needed -e2uires ph"sical force
7rom the offender himself Must come from a 3rd person
Must come from lawful sentiments Bnlawful
4A11I!/ A/3 !B9:1CATI!/ 4*!0!CATI!/
!roduced b" an impulse which ma" be
caused b" provocation
%omes from in&ured part"
<ffense, which engenders perturbation
of mind, need not be immediate. (t is
onl" re2uired that the influence thereof
lasts until the crime is committed
Must immediatel" precede the
commission of the crime
6ffect is loss of reason and self$control
on the part of the offender
3ame
there is a ruling to the effect that if the offender is given the benefit of
paragraph B, he cannot be given the benefit of paragraph F or H, or vice=
versa. >nly one of the three mitigating circumstances should be given in favor
of the offender.
However, in one case, one of the mitigating circumstances under paragraphs
4, 8 and / stands or arises from a set of facts, and another mitigating
circumstance arises from another set of facts. 3ince the" are predicated on
different set of facts, the" ma" be appreciated together, although the" arose
from one and the same case. 0ence, the prohibition against considering all
these mitigating circumstances together and not as one applies onl" if the"
would be taken on the basis of the same set of facts.
If the case involves a series of facts, then "ou can predicate an" one of these
circumstances on one fact and the other on another fact and so on.
E. That the offen#er ha# B0L/+TAR)LH '/RR+-R- himself to a
person in authorit" or his agents. or that he ha# B0L/+TAR)LH
C0+>''- 1)' G/)LT !efore the court prior to the presentation of the
evi#ence for the prosecution.
" 'itigating Circumstances present+
a5 voluntaril" surrendered
b5 voluntaril" confessed his guilt
If both are present, considered as ) independent mitigating circumstances.
Mitigate penalt" to a greater extent
*e.uisites of voluntary surrender+
a) offender not actually arrested
b) offender surrendered to a person in authority or the latterIs agent
.1
.2
c) surrender was voluntary
1urrender must be spontaneous shows his interest to surrender
unconditionall" to the authorities
1pontaneous emphasi+es the idea of inner impulse, acting without
external stimulus. #he conduct of the accused, not his intention alone,
after the commission of the offense, determines the spontaneit" of the
surrender.
0xample* 3urrendered after 8 "ears, not spontaneous an"more.
0xample* 3urrendered after talking to town councilor. )ot ,.3. because
thereCs an external stimulus
%onduct must indicate a desire to own the responsibilit"
Not mitigating when warrant already served. 3urrender ma" be considered
mitigating if warrant not served or returned unserved because accused
canCt be located.
>The law does not re/uire that the accused surrender prior to the
order of arrest,? what matters is the spontaneous surrender of the
accused upon learning that a warrant of arrest had been issued
against him and that voluntary surrender is obedience to the order
of arrest is issued against him. (Pp vs& "ahilig, 9F Phil& ?JG)
3urrender of person re2uired. )ot &ust of weapon.
4erson in authority one directl" vested with &urisdiction, whether as an
individual or as a member of some
court?government?corporation?board?commission. =arrio captain?chairman
included.
Agent of person in authority person who b" direct provision of law, or
b" election, or b" appointment b" competent authorit" is charged with the
maintenance of public order and the protection and securit" of life and
propert" and an" person who comes to the aid of persons in authorit".
-!% does not make distinction among the various moments when
surrender ma" occur.
3urrender must be b" reason of the commission of the crime for which
defendant is charged
Boluntar" surren#er
.2
.3
The essence of voluntary surrender re(uires that the offender, after having
committed the crime, had evaded the law enforcers and the law enforcers do
not #now of his whereabouts. In short, he continues to elude arrest. (f, under
this circumstance, the offender would come out in the open and he gives
himself up, his act of doing so will be considered as indicative of repentance
and he also saves the government the time and the expense of looking for
him.
s a general rule, if after committing the crime, the offender did not flee and
he went with the responding law enforcers meekl", voluntar" surrender is not
applicable.
However, there is a ruling that if after committing the crime, the offender did
not flee and instead waited for the law enforcers to arrive and he surrendered
the weapon he used in killing the victim, the ruling was that voluntar"
surrender is mitigating. (n this case, the offender had the opportunit" to go into
hiding, the fact that he did not flee is voluntar" surrender.
However, if he comes out from hiding because he is seriousl" ill and he went
to get medical treatment, the surrender is not considered as indicative of
remorse or repentance. #he surrender here is onl" done out of convenience
to save his own self. 0ence, it is not mitigating.
0ven if the offender may have gone into hiding, if the law enforcers had
alread" known where he is hiding and it is &ust a matter of time before he is
flushed out of that place, then even if the law enforcers do not know exactl"
where he was hiding and he would come out, this is not voluntar" surrender.
.hether or not a warrant of arrest had been issued against the offender is
immaterial and irrelevant. #he criterion is whether or not the offender had
gone into hiding or had the opportunit" to go into hiding and the law enforcers
do not know of his whereabouts. (f he would give up, his act of surrendering
under such circumstance indicates that he is willing to accept the
conse2uences of the wrong he has done and also thereb" saves the
government the effort, the time and the expenses to be incurred in looking for
him.
1urrender to be considered voluntary and thus mitigating, must be
spontaneous, demonstrating an intent to submit himself unconditionally to the
person in authority or his agent in authority, because %&' he ac#nowledges his
guilt %)' he wishes to save the government the trouble and expenses of
searching and capturing him. 'here the reason for the surrender of the
accused was to insure his safet", his arrest b" policemen pursuing him being
inevitable, the surrender is not spontaneous.
#$ If the accused escapes from the scene of the crime in order to
seek advice from a lawyer, and the latter ordered him to surrender
voluntarily to the authorities, which the accused followed by
surrendering himself to the municipal mayor, will his surrender be
considered mitigatingE
.3
.4
A$ The answer is yes, because he fed to the scene of a crime not to
escape but to seek legal advice.
#$ ;upposing that after the accused met a vehicular accident
causing multiple homicide because of reckless imprudence, he
surrenders to the authorities immediately thereafter, will his
surrender mitigate his criminal liability because of 0rt. ),E
A$ The answer is no, because in cases involving felonies committed
by means of culpa, the court is authori"ed under 0rt. ,6C to impose
a penalty upon ofender without regard to the rules on mitigating
and aggravating circumstances.
*e.uisites for plea of guilty
a) offender spontaneously confessed his guilt
b) confession of guilt was made in open court (competent court)
c) confession of guilt was made prior to the presentation of evidence for the
prosecution
To be mitigating, the plea of guilty must be without conditions.
4ut conditional plea of guilty may still be mitigating if the
conditions imposed by the accused are found to be meritorious.
$lea of guilty not applicable to special law.
plea made after arraignment and after trial has begun does not entitle
accused to have plea considered as Mitigating %ircumstance
plea in the -#% in a case appealed from the M#% is not mitigating $ must
ma#e plea at the first opportunity
plea during the preliminar" investigation is no plea at all
even if during arraignment, accused pleaded not guilt", he is entitled to
Mitigating %ircumstance as long as he withdraws his plea of not guilt" to
the charge before the fiscal could present his evidence
plea to a lesser charge is not Mitigating %ircumstance because to be
voluntar" plea of guilt", must be to the offense charged
plea to the offense charged in the amended info, lesser than that charged
in the original info, is Mitigating %ircumstance
present -ules of %ourt re2uire that even if accused pleaded guilt" to a
capital offense, its mandator" for court to re2uire the prosecution to prove
the guilt of the accused being likewise entitled to present evidence to
prove, inter alia, Mitigating %ircumstance
.4
.8
F. That the offen#er is #eaf an# #um!. !lin# or otherwise suffering from
some P1H')CAL ->CT wJc thus restricts his means of action.
#efense or communication wJ his fellow !eings.
Basis+ one suffering from ph"sical defect which restricts him does not
have complete freedom of action and therefore, there is diminution of that
element of voluntariness.
The law says that the ofender is deaf and dumb, meaning not
only deaf but also dumb, or that he is blind, meaning in both eyes,
but even if he is only deaf and not dumb, or dumb only but not deaf,
or blind only in one eye, he I still entitled to a mitigating
circumstance under this article as long as his physical defects
restricts his means of action, defense communication with his
fellowmen. The restriction however, must relate to the mode of
committing the crime.
)o distinction between educated and uneducated deaf$mute or blind
persons
The physical defect of the offender should restrict his means of action,
defense or communication with fellow beings, this has been extended to
cover cripples, armless people even stutterers.
#he circumstance assumes that with their ph"sical defect, the offenders do
not have a complete freedom of action therefore diminishing the element
of voluntariness in the commission of a crime.
The physical defect that a person may have must have a relation to the
commission of the crime. Not any physical defect will affect the crime. It will
only do so if it has some relation to the crime committed. This circumstance
must also have a bearing on the crime committed and must depend on how
the crime was committed.

5. 'uch )LL+'' of the offen#er as woul# #iminish the e%ercise of the
will8power of the offen#er wJo #epriving him of consciousness of his
acts.
Basis+ diminution of intelligence and intent
Re$uisites:
a5 illness of the offender must diminish the exercise of his will$power
b5 such illness should not deprive the offender of consciousness of his
acts
If the illness not only diminishes the eercise of the ofender=s
will power but deprives him of the consciousness of his acts, it
.8
./
becomes an eempting circumstance to be classi%ed as insanity or
imbecility.
deceased mind, not amounting to insanit", ma" give place to mitigation
5eeblemindedness of the accused who, in a %t of jealousy,
stabbed his wife, then carried her up to the house, laid her on the
foor and then lay down beside her, warrants the %nding in his favor
of this mitigating circumstance. (Pp vs& 0ormigones, F? Phil& 9>F)
2G. An# A+H 0T1R C)RC/&'TA+C of a similar nature an# analogous
to those a!ove8mentione#
6xamples of 3any other circumstance2/
a5 defendant who is /; "ears old with failing e"esight is similar to a case
of one over .; "ears old
b5 outraged feeling of owner of animal taken for ransom is analogous to
vindication of grave offense
c5 impulse of &ealous feeling, similar to !A33(<) A)9 <=7B3%A#(<)
d5 voluntar" restitution of propert", similar to voluntar" surrender
e5 extreme povert", similar to incomplete &ustification based on state of
necessit"
f5 esprit de corps is similar to passion or obfuscation
Analogous cases
#he act of the offender of leading the law enforcers to the place where he
buried the instrument of the crime has been considered as e(uivalent to
voluntary surrender. #he act of a thief in leading the authorities to the place
where he disposed of the loot has been considered as analogous or
e(uivalent to voluntary surrender.
3tealing b" a person who is driven to do so out of extreme povert" is
considered as analogous to incomplete state of necessity. 0owever, this is
not so where the offender became impoverished because of his own wa" of
living his life. (f his lifest"le is one of having so man" vices, as a result of
which he became poor, his subse2uent stealing because of his povert" will
not be considered mitigated b" incomplete state of necessit".
B;) analogous/
a5 killing wrong person
b5 not resisting arrest not the same as voluntar" surrender
./
..
c5 running amuck is not mitigating
'ITIGATI/G CI*C:'1TA/CE which arise from+
a) moral attributes of the offender
0xample* Iuan and #omas killed !edro. Iuan acted w? !A33(<) A)9
<=7B3%A#(<). <nl" Iuan will be entitled to Mitigating %ircumstance
b) private relations with the offended party
0xample* Iuan stole his brotherCs watch. Iuan sold it to !edro, who
knew it was stolen. #he circumstance of relation arose from private
relation of Iuan and the brother. 9oes not mitigate !edro.

c) other personal cause
0xample* Minor, acting with discernment robbed Iuan. !edro, passing
b", helped the minor. %ircumstance of minorit", mitigates liabilit" of
minor onl".
+hall serve to mitigate the liability of the principals, accomplices and accessories to
whom the circumstances are attendant&
Circumstances which are neither exempting nor mitigating
a5 mistake in the blow
b5 mistake in the identit" of the victim
c5 entrapment of the accused
d5 accused is over 1@ "ears old
e5 performance of a righteous action
0xample* Iuan saved the lives of :: people but caused the death of the
last person, he is still criminall" liable
#ote" 2nder the .ules of &ourt on plea bargaining, the
accused is allowed to negotiate with the prosecution during his
arraignment, to enter a plea for a lesser ofense, or for the
consideration of mitigating circumstances under 0rt. ),* for the
prosecution to forego or delete aggravating circumstances, without
regard to the rules and jurisprudence mentioned above.
AGGRABAT)+G C)RC/&'TA+C'
3efinition 7 #hose circumstance which raise the penalt" for a crime
without exceeding the maximum applicable to that crime.
Basis+ The greater perversity of the offense as shown by6
a5 the motivating power behind the act
..
.@
b5 the place where the act was committed
c5 the means and wa"s used
d5 the time
e5 the personal circumstance of the offender
f5 the personal circumstance of the victim
Iin#s:
a5 Generic 7 generall" applicable to all crimes
b5 1pecific 7 appl" onl" to specific crimes 4ignomin" for chastit" crimes1
treacher" for persons crimes5
c5 Hualifying 7 those that change the nature of the crime 4evident
premeditation becomes murder5
d5 Inherent 7 necessaril" accompanies the commission of the crime1 it is
an ele ment of the crime committed 4evident premeditation in
theft, estafa5
C/AL)>H)+G AGGRABAT)+G
C)RC/&'TA+C
G+R)C AGGRABAT)+G
C)RC/&'TA+C
Eives the proper and exclusive name,
places the author thereof in such a
situation as to deserve no other penalt"
than that specificall" prescribed b" law
(ncrease penalt" to the maximum,
without exceeding limit prescribed b"
law
%anCt be offset b" Mitigating
%ircumstance
Ma" be compensated b" Mitigating
%ircumstance
Must be alleged in the information.
(ntegral part of the offense
)eed not be alleged. Ma" be proved
over the ob&ection of the defense.
Mualif"ing if not alleged will make it
generic
#ggravating "ircumstances which -; B;) have the effect of increasing the
penalty/
&' which themselves constitute a crime specifically punishable by law or
which are included in the law defining a crime and prescribing the
penalty thereof
0xample* breaking a window to get inside the house and rob it
)' aggravating circumstance inherent in the crime to such degree that it
must of necessity accompany the commission thereof
0xample* evident premeditation inherent in theft, robber", estafa,
adulter" and concubinage
ggravating circumstances are not presumed. Must be proved as full" as
the crime itself in order to increase the penalt".
.@
.:
Art 2<. #ggravating circumstances. K The following are aggravating
circumstances:
2. That a#vantage !e ta3en !" the offen#er of his P/(L)C P0')T)0+
*e.uisite+
a& )he offender is a public officer
b& )he commission of the crime would not have been possible without the
powers, resources and influence of the office he holds&
0 public o$cer is any person who, by -)( direct provision of the
law, -+( popular election or -,( appointment by competent authority
shall take part in the performance of public functions in the
:overnment of the $hilippine Islands or shall perform in said
:overnment or in any of its branches, public duties as an employee,
agent or subordinate o9cial of any rank or class.
Essential - !ublic officer used the influence, prestige or ascendanc"
which his office gives him as the means b" which he reali+ed his purpose.
If the accused could have perpetrated the crime without
occupying his position, then there is no abuse of public position.
7ailure in official duties is tantamount to abusing of office
#hen the public position is an element of the ofense like
4ribery -Firect 8 0rticle +)7, Indirect 8 +)), or Guali%ed 4ribery 8
;ec. 3, ..0. H6CA(, this circumstance can not be taken into
consideration.
'earing of uniform is immaterial what matters is the proof that he indeed
took advantage of his position
Ta3ing a#vantage of pu!lic position
Article /2 was also amended b" the -epublic Act )o. ./8:. #he legal import
of this amendment is that the sub&ect circumstance has been made a
.ualifying or special aggravating that shall not be offset or compensated b"
a mitigating circumstance. If not alleged in the information, however, but
proven during the trial, it is onl" appreciated as a generic aggravating
circumstance.
2nder ;ec. +,, ) -a( of ..0. H6CA, when in the commission of
the crime, advantage was taken by the ofender of his public
.:
@;
position, the penalty to be imposed shall be in its maimum
regardless of mitigating circumstances.
7. That the crime !e committe# )+ C0+T&PT 0> 0R ,)T1 )+'/LT T0
T1 P/(L)C A/T10R)T)'
*e.uisites+
a& )he offender %nows that a public authority is present
b& )he public authority is engaged in the exercise of his functions
c& )he public authority is not the victim of the crime
d& )he public authorityIs presence did not prevent the criminal act
0xample* Iuan and !edro are 2uarrelling and the municipal ma"or, upon
passing b", attempts to stop them. )otwithstanding the intervention and
the presence of the ma"or, Iuan and !edro continue to 2uarrel until Iuan
succeeds in killing !edro.
Person in authorit" public authorit" who is directl" vested with
&urisdiction, has the power to govern and execute the laws
6xamples of Persons in #uthority
a. Eovernor
b. Ma"or
c. =aranga" captain
d. %ouncilors
e. Eovernment agents
f. %hief of !olice
!ule not applicable when committed in the presence of a mere agent.
Agent 7 subordinate public officer charged with the maintenance of public
order and protection and securit" of life and propert"
0xample* barrio vice lieutenant, barrio councilman
6. That the act !e committe#:
(2) with insult or in #isregar# of the respect #ue to the offen#e# part" on
account of his (A) RA+I. (() AG. (C) '* or
@;
@1
circumstances 4rank, age, sex5 ma" be taken into account only in crimes
against persons or honor, it cannot be invoked in crimes against propert"
*an2 7 refers to a high social position or standing b" which to determine
oneCs pa" and emoluments in an" scale of comparison within a position
Age 7 the circumstance of lack of respect due to age applies in case
where the victim is of tender age as well as of old age 4age of the
ofended party5
1ex 7 refers to the female sex, not to the male sex1 not applicable when
a. #he offender acted w? !A33(<) A)9 <=7B3%A#(<)
b. there exists a relation between the offender and the victim 4but in cases
of divorce decrees where there is a direct bearing on their child, it is
applicable5
c. the condition of being a woman is indispensable in the commission of
the crime 46x. !arricide, rape, abduction5
*e.uisite of disregard to ran2 age or sex
a& "rimes must be against the victimIs person or his honor
b& )here is deliberate intent to offend or insult the respect due to the victimIs
ran%, age, or sex
#%&'" #hile nighttime is absorbed in treachery, the
aggravating circumstance of disregard of se and age cannot be
similarly absorbed, as Treachery refers to the manner of the
commission of the crime, while the latter pertains to the relationship
of the victim with the ofender.(Pp vs& 8apa., '?' +"!# >5:)
(7) that it !e committe# in the -,LL)+G of the offen#e# part". if the
latter has not given provocation.
3welling 7 must be a building or structure exclusivel" used for rest and
comfort 4combination house and store not included5
a. ma" be temporar" as in the case of guests in a house or bedspacers
b. basis for this is the sanctit" of privac" the law accords to human abode
dwelling includes dependencies, the foot of the staircase and the
enclosure under the house
Elements of the aggravating circumstance of dwelling
a& "rime occurred in the
dwelling of the victim
b& Bo provocation on the
part of the victim
*e.uisites for 4rovocation+ A>> MB3# %<)%B-
@1
@2
a. given b" the owner of the dwelling
b. sufficient
c. immediate to the commission of the crime
8welling will only be aggravating if it is the dwelling of the offended party. It
should also not be the dwelling of the offender. (f the dwelling is both that of
the offended part" and the offender, dwelling is not aggravating.
8welling need not be owned by the offended party. (t is enough that he used
the place for his peace of mind, rest, comfort and privac". #he rule that
dwelling, in order to be aggravating must be owned b" the offended part" is
no longer absolute. 9welling can be aggravating even if it is not owned b" the
offended part", provided that the offended part" is considered a member of
the famil" who owns the dwelling and e2uall" en&o"s peace of mind, privac"
and comfort.
8welling should not be understood in the concept of a domicile. A person has
more than one dwelling.
8welling is not limited to the house proper. All the appurtenances necessar"
for the peace and comfort, rest and peace of mind in the abode of the
offended part" is considered a dwelling.
.hen dwelling may and may not be considered
,hen it ma" !e consi#ere# ,hen it ma" not !e consi#ere#
although the offender fired the shot
from outside the house, as long as his
victim was inside
even if the killing took place outside the
dwelling, so long as the commission
began inside the dwelling
when adulter" is committed in the
dwelling of the husband, even if it is
also the dwelling of the wife, it is still
aggravating because she and her
paramour committed a grave offense to
the head of the house
(n robber" with violence against
persons, robber" with homicide,
abduction, or illegal detention
(f the offended part" has given
provocation
(f both the offender and the
offended part" are occupants of
the same dwelling
(n robber" with force upon
things, it is inherent
The victim should be the owner, occupant or lessee of the
house. Dowever, in People vs& ,alansi, 'F? +"!# >99, it was held that the
victim need not be the owner or occupant of the dwelling where he
was shot, since, >the stranger, as an invited guest, is sheltered by
the same roof and protected by the same intimacy of life it afords.
@2
@3
It may not be his house, but it is, even for a brief moment, home to
him.?
#hile this aggravating circumstance cannot be considered in
Trespass to Fwelling or .obbery in an Inhabited Douse as it is
included necessarily in these crimes -0rt. 6+(, it can be considered
in .obbery with Domicide because this kind of .obbery can be
committed without the necessity of transgressing the sanctity of the
house. (Pp vs& Pareja, (9> +"!# J(:)
>ne=half of the house is used as a store and the other half is used for
dwelling but there is only one entrance. (f the dwelling portion is attacked,
dwelling is not aggravating because whenever a store is open for business, it
is a public place and as such is not capable of being the sub&ect of trespass.
(f the dwelling portion is attacked where even if the store is open, there is
another separate entrance to the portion used for dwelling, the circumstance
is aggravating. 0owever, in case the store is closed, dwelling is aggravating
since here, the store is not a public place as in the first case.
<. That the act !e committe# with (2) A(/' 0> C0+>)-+C or (7)
0(B)0/' /+GRAT>/L+''
Re$uisites of A!use of
Confi#ence
Re$uisite of 0!vious /ngratefulness
a) ;ffended party has trusted the
offender
b) ;ffender abused such trust
c) #buse of confidence facilitated the
a) ungratefulness must be obvious, that is,
there must be something which the
offender should owe the victim a debt of
gratitude for
Note6 robber" or theft committed b" a
visitor in the house of the offended part"
is aggravated b" obvious ungratefulness
0xample* A &ealous lover, alread" determined to kill his sweetheart, invited
her for a ride and during that ride, he stabbed her
Abuse of confidence is inherent in+
a. malversation
b. 2ualified theft
c. estafa b" conversion
d. misappropriation
e. 2ualified seduction
8o not confuse this with mere betrayal of trust. #his is aggravating onl" when
the ver" offended part" is the one who reposed the confidence. (f the
confidence is reposed b" another, the offended part" is different from the
fellow who reposed the confidence and abuse of confidence in this case is not
aggravating.
@3
@4
=. That the crime !e committe# in the PALAC 0> T1 C1)>
*C/T)B. or in his presence. or when P/(L)C A/T10R)T)' AR
+GAG- )+ T1 -)'C1ARG 0> T1)R -/T)'. or in a PLAC
--)CAT- T0 RL)G)0/' ,0R'1)P.
*e.uirements of the aggravating circumstance of public office+
a& )he crime occurred in the public office
b& Public authorities are actually performing their public duties
A polling precinct is a public office during election da"
)ature of public office should be taken into account, like a police station
which is on dut" 24 hrs. a da"
place of the commission of the felony (par >)/ if it was committed in
+alacaIang palace or a church it is aggravating, regardless of whether
3tate or official1 functions are being held.
The $resident or &hief of 'ecutive need not be in the $alace
to aggravate the liability of the ofender.
as regards other places where public authorities are engaged in the
discharge of their duties, there must be some performance of public
functions
The accused must have the intention to commit the crime in
such place so that if the meeting of the ofender and the victim was
only casual, this circumstance cannot be considered.
Dowever, in a place which is dedicated to religious worship,
any ofense committed thereat even if no ceremony is taking place,
is aggravated by this circumstance.
*e.uisites for aggravating circumstances for place of worship+
a& )he crime occurred in a place dedicated to the worship of 7od regardless of
religion
b& ;ffender must have decided to commit the crime when he entered the place
of worship
$hen Paragraph ( and > of #rticle 'J are applicable
%ommitted in the presence of the %hief
6xecutive, in the !residential !alace or
a place of worship,4ar. 8 Art. $A-
%ommitted in contempt of !ublic
Authorit"
,4ar. " Art $A-
!ublic authorities are performing of
their duties when the crime is
3ame
@4
@8
committed
'hen crime is committed in the public
office, the officer must be performing
his duties, except in the !residential
!alace
<utside the office 4still performing
dut"5
!ublic authorit" ma" be the offended
part"
!ublic authorit" is not be the offended
part"

A. (A) That the crime !e committe# (2) in the +)G1TT)&. or (7) in an
/+)+1A()T- PLAC (6) !" a (A+-. whenever such circumstances
ma" facilitate the commission of the offense.
Nighttime, Uninhabited Place or by a Band Aggravating when:
a& it facilitated the commission of the crime
b& especially sought for by the offender to insure the commission of the crime
or for the purpose of impunity
c& when the offender too% the advantage thereof for the purpose of impunity
d& commission of the crime must have began and accomplished at nighttime
Impunity / means to prevent the accusedCs being recogni+ed or to
secure himself against detection or punishment or to facilitate his
escape more easil".
/ighttime begins at the end of dusk and ending at dawn1 from sunset to
sunrise
a. commission of the crime must begin and be accomplished in the
nighttime
b. when the place of the crime is illuminated b" light, nighttime is not
aggravating
c. absorbed b" #reacher"
6ven if there was darkness but the nighttime was onl" an incident of a chance
meeting, there is no aggravating circumstance here. It must be shown that the
offender deliberately sought the cover of dar#ness and the offender purposely
too# advantage of nighttime to facilitate the commission of the offense, to
insure his immunity from capture, or otherwise to facilitate his getaway.%pp vs&
pareja, (9> scra J(:)
:ninhabited 4lace one where there are no houses at all, a place at a
considerable distance from town, where the houses are scattered at a
great distance from each other
@8
@/
*e.uisites+
a& )he place facilitated the commission or omission of the crime
b& -eliberately sought and not incidental to the commission or omission of
the crime
c& )a%en advantage of for the purpose of impunity
#hile there is no hard and fast rule on the matter , a place where
there are no people or houses within a distance of +77 meters or
less is considered uninhabited. (Pp vs& 6got, '5G +"!# '5J)
'hat should be considered here is whether in the place of the commission
of the offense, there was a reasonable possibilit" of the victim receiving
some help
A. (() 8 ,henever more than 6 arme# malefactors shall have acte#
together in the commission of an offense. it shall !e #eeme# to have
!een committe# !" a (A+-.
*e.uisites+
a& 0acilitated the commission of the crime
b& -eliberately sought
c& )a%en advantage of for the purposes of impunity
d& )here must be four or more armed men
(f one of the four$armed malefactors is a principal b" inducement, the" do
not form a band because it is undoubtedl" connoted that he had no direct
participation,
#here more than three armed malefactors participated in the
commission of the ofense, if the aggrupation did not facilitate the
commission of the crime, it will not be considered as aggravating
because of the language of the law which re/uires that such
circumstance must have facilitated the commission of the ofense.
#hen the two -+( groups are almost similarly armed, like
where the group of the ofended party numbered %ve -C( but only
three -,( were armed so that there is no band, while the ofenders
were four -3( who were all armed and therefore constituted a band,
there is no band as aggravating circumstance as it did not facilitate
the commission of the crime. <ikewise, if the meeting is casual, the
homicide committed by the killers comprising a band is not
aggravated.
@/
@.
0rms is not limited to %rearms, sticks and stones included
=and is inherent in robber" committed in band and brigandage
*orrelate this with rticle D?H = $rigandage. #he crime is the band itself. #he
mere forming of a band even without the commission of a crime is alread" a
crime so that band is not aggravating in brigandage because the band itself is
the wa" to commit brigandage. 0owever, where brigandage is actuall"
committed, band becomes aggravating.

(t is not considered in the crime of rape
(t has been applied in treason and in robber" with homicide
E. That the crime !e committe# on the occasion of a conflagration.
shipwrec3. earth$ua3e. epi#emic or other CALA&)TH 0R &)'>0RT/+
*e.uisites+
a& "ommitted when there is a calamity or misfortune
'& "onflagration
(& +hipwrec%
5& 6pidemic
b& ;ffender too% advantage of the state of confusion or chaotic condition from
such misfortune
Basis+ %ommission of the crime adds to the suffering b" taking advantage
of the misfortune.
based on time
offender must take advantage of the calamit" or misfortune
8istinction between "aragraphs C and &) of rticle &B
Committed during a calamity or
misfortune
Committed with the use of wasteful
means
%rime is committed 9B-()E an" of the
calamities
%rime is committed =D using fire,
inundation, explosion or other wasteful
means
F. That the crime !e committe# with the A)- 0> (2) AR&- &+ 0R (7)
PR'0+' ,10 )+'/R 0R A>>0R- )&P/+)TH
based on the means and wa"s of committing the crime
Re$uisites:
@.
@@
a& that armed men or persons too% part in the commission of the crime, directly
or indirectly
b& that the accused availed himself of their aid or relied upon them when the
crime was committed
If the accused relied on the presence of armed men, availing
himself of the aid of the latter, his liability is aggravated. Dowever,
where it appeared that appellants were not merely present at the
scene of the crime but were in conspiracy with the assailant,
shooting the victim and leaving the scene together after apparently
accomplishing their purpose clearly evincing conspiracy, this
circumstance cannot be appreciated. (Pp vs& *mbrero, ':9 +"!# F(')
There must be no unity of purpose between the ofender and the
armed men present in the commission of the crime. The eistence
of conspiracy will make the armed men liable as principals by direct
participation.
%ceptions:
a. when both the attacking part" and the part" attacked were e2uall"
armed
b. not present when the accused as well as those who cooperated with
him in the commission of the crime acted under the same plan and for
the same purpose.
c. %asual presence, or when the offender did not avail himself of an" of
their aid nor did not knowingl" count upon their assistance in the
,)T1 T1 A)- 0> AR&- &+ (H A (A+-
!resent even if one of the offenders
merel" relied on their aid. Actual aid is
not necessar"
-e2uires more than 3 armed
malefactors who all acted together in
the commission of an offense
if there are more than 3 armed men, aid of armed men is absorbed in the
emplo"ment of a band.
If the accused, upom assurance of policemen 0 and 4 that
they would not patrol the area so that he could theft or robbery
thereat, the commission of burglary in the said area where no
routine patrolling was done is aggravated by the aid of persons
(ho insure or a)ord impunity.
5. That the accuse# is a RC)-)B)'T
@@
@:
Reci#ivist one who at the time of his trial for one crime, shall have been
previousl" convicted b" final &udgment of another crime embraced in the
same title of the -!%
It is important that the conviction which came earlier must refer to the crime
committed earlier than the subse(uent conviction.
Basis+ Ereater perversit" of the offender as shown b" his inclination to
commit crimes
Re$uisites:
a. offender is on trial for an offense
b. he was previousl" convicted b" final &udgment of another crime
c. that both the first and the second offenses are embraced in the same
title of the -!% 4not special law5
d. the offender is convicted of the new offense
.hat is controlling is the time of the trial, not the time of the commission of
the offense. At the time of the trial means from the arraignment until after
sentence is announced b" the &udge in open court.
$hen does judgment become final1 4-ules of %ourt5
a. after the lapse of a period for perfecting an appeal
b. when the sentence has been partiall" or totall" satisfied or served
c. defendant has expressl" waived in writing his right to appeal
d. the accused has applied for probation
Example of Crimes embraced in the 1ame title of the *4C
a. robber" and theft title 1;
b. homicide and ph"sical in&uries title @
In recidivism, the crimes committed should be felonies. -ecidivism cannot be
had if the crime committed is a violation of a special law.
C: #he accused was prosecuted and tried for theft, robber" and estafa.
Iudgments were read on the same da". (s he a recidivistA
A: )o. =ecause the &udgment in an" of the first two offenses was not "et
final when he was tried for the third offense
-ecidivism must be taken into account no matter how man" "ears have
intervened between the first and second felonies
@:
:;
Pardon does not obliterate the fact that the accused was a recidivist, but
amnesty extinguishes the penalt" and its effects
If the offender has already served his sentence and he was extended an
absolute pardon, the pardon shall erase the conviction including recidivism
because there is no more penalt" so it shall be understood as referring to the
conviction or the effects of the crime.
To prove recidivism, it must be alleged in the information and with attached
certified copies of the sentences rendered against the accused
0xceptions* if the accused does not ob&ect and when he admits in his
confession and on the witness stand
2G. That the offen#er has !een previousl" punishe# for an offense to
which the law attaches an e$ual or greater penalt" or for two or more
crimes to which it attaches a lighter penalt"
R)TRAC)0+ 0R 1A()T/AL)TH it is essential that the offender be
previousl" punished1 that is, he has served sentence.
!ar. 1; speaks of penalty attached to the offense, not the penalt" actuall"
imposed
in reiteracion, the penalty attached to the crime subse(uently committed
should be higher or at least e(ual to the penalty that he has already served. (f
that is the situation, that means that the offender was never reformed b" the
fact that he alread" served the penalt" imposed on him on the first conviction.
However, if he commits a felony carrying a lighter penalty- subse2uentl", the
law considers that somehow he has been reformed but if he, again commits
another felony which carries a lighter penalty, then he becomes a repeater
because that means he has not "et reformed.
<ou will only consider the penalty in reiteracion if there is already a second
conviction. 'hen there is a third conviction, "ou disregard whatever penalt"
for the subse2uent crimes committed. 6ven if the penalt" for the subse2uent
crimes committed are lighter than the ones alread" served, since there are
alread" two of them subse2uentl", the offender is alread" a repeater.

0owever, if there is only a second conviction, pa" attention to the penalt"
attached to the crime which was committed for the second crime. #hat is wh"
it is said that reiteracion is not alwa"s aggravating. #his is so because if the
penalt" attached to the felon" subse2uentl" committed is not e2ual or higher
than the penalt" alread" served, even if literall", the offender is a repeater,
repetition is not aggravating.
R)TRAC)0+ RC)-)B)'&
:;
:1
)ecessar" that offender shall have
served out his sentence for the first
sentence
6nough that final &udgment has been
rendered in the first offense
!revious and subse2uent offenses
must not be embraced in the same title
of the %ode
3ame title
)ot alwa"s an aggravating
circumstance
Alwa"s aggravating
Thus, if 0 has been convicted of @urder, and after grant of
parole committed Domicide, he labors under this paragraph -)7(
known as reiteracion, but he is also sufering from recidivism
-recidencia(. In such a case, he will be considered only as recidivist,
and par. )7 will no longer apply to him.
< >orms of Repetition
a. !ecidivism generic
b. !eiteracion or @abituality generic
c. Aultiple recidivism or @abitual delinquency extraordinar" aggravating
d. KuasiL!ecidivism special aggravating
-istinctions !etween reci#ivism an# ha!itual #elin$uenc"
In recidivism /
%&' Two convictions are enough.
%)' The crimes are not specified- it is enough that they may be embraced
under the same title of the 1evised "enal *ode.
%D' There is no time limit between the first conviction and the subse(uent
conviction. 1ecidivism is imprescriptible.
%B' It is a generic aggravating circumstance which can be offset by an
ordinary mitigating circumstance. If not offset, it would only increase
the penalty prescribed by law for the crime committed to its maximum
period.
%F' The circumstance need not be alleged in the information.
In habitual delin.uency /
%&' t least three convictions are re(uired.
%)' The crimes are limited and specified to6 %a' serious physical injuries,
%b' less serious physical injuries, %c' robbery, %d' theft, %e' estafa or
swindling and %f' falsification.
:1
:2
%D' There is a time limit of not more than &? years between every
convictions computed from the first conviction or release from
punishment thereof to conviction computed from the second conviction
or release therefrom to the third conviction and so on . . .
%B' Habitual delin(uency is a special aggravating circumstance, hence it
cannot be offset by any mitigating circumstance. side from the
penalty prescribed by law for the crime committed, an additional
penalty shall be imposed depending upon whether it is already the
third conviction, the fourth, the fifth and so on . . .
%F' The circumstance must be alleged in the information- otherwise the
court cannot ac(uire jurisdiction to impose additional penalty.
1A()T/AL -L)+C/+CH when a person within a period of 1; "ears
from the date of his release or last conviction of the crimes of serious or
less serious ph"sical in&uries, robber", theft, estafa or falsification is found
guilt" of an" of said crimes a third time or oftener.
.hen the offender is a recidivist and at the same time a habitual delin(uent ,
the penalt" for the crime for which he will be convicted will be increased to the
maximum period unless offset b" a mitigating circumstance. After determining
the correct penalt" for the last crime committed, an added penalt" will be
imposed in accordance with Article /2.
Habitual delin(uency, being a special or specific aggravating circumstance
must be alleged in the information. (f it is not alleged in the information and in
the course of the trial, the prosecution tried to prove that the offender is a
habitual delin2uent over the ob&ection of the accused, the court has no
&urisdiction to consider the offender a habitual delin2uent.
C/A')8RC)-)B)'& an" person who shall commit a felon" after having
been convicted b" final &udgment, before beginning to serve such
sentence, or while serving the same, shall be punished b" the maximum
period of the penalt" prescribed b" law for the new felon"
#he emphasis here is on the crime committed before sentence or while
serving sentence which should be a felon", a violation of the -evised !enal
%ode. (n so far as the earlier crime is concerned, it is necessar" that it be a
felon".
#he emphasis is on the nature of the crime committed while serving sentence
or before serving sentence. (t should not be a violation of a special law.
Muasi$recidivism is a special aggravating circumstance. #his cannot be offset
b" an" mitigating circumstance and the imposition of the penalt" in the
maximum period cannot be lowered b" an" ordinar" mitigating circumstance.
'hen there is a privileged mitigating circumstance, the penalt" prescribed b"
law for the crime committed shall be lowered b" 1 or 2 degrees, as the case
:2
:3
ma" be, but then it shall be imposed in the maximum period if the offender is
a 2uasi$recidivist.
22. That the crime !e committe# )+ C0+')-RAT)0+ 0> A PR)C.
R,AR- 0R PR0&)'.
Re$uisites:
a& #t least ( principals
'& )he principal by inducement
(& )he principal by direct participation
b& the price, reward, or promise should be previous to and in consideration of
the commission of the criminal act
#pplicable to both principals&
To consider this circumstance, the price& reward or promise
must be the primary reason or the primordial motive for the
commission of the crime. Thus, if 0 approached 4 and told the latter
what he thought of I, and 4 answered >he is a bad man? to which 0
retorted, >you see I am going to kill him this afternoon?, and so 4
told him >If you do that, I=ll give you $C,777.77? and after killing I, 0
again approached 4, told him he had already killed I, and 4 in
compliance with his promise, delivered the $C,777.77, this
aggravating circumstance is not present.
27. That the crime !e committe# !" means of inun#ation. fire. poison.
e%plosion. stran#ing a vessel or intentional #amage thereto. or
#erailment of a locomotive. or !" use of an" other artifice involving
GRAT ,A'T 0R R/)+.
Re$uisite* #he wasteful means were used b" the offender to accomplish
a criminal purpose
Fire is not aggravating in the crime of arson.
.henever a #illing is done with the use of fire, as when to kill someone, "ou
burn down his house while the latter is inside, this is murder.
There is no such crime as murder with arson or arson with homicide. #he
crime committed is onl" murder.
If the victim is already dead and the house is burned, the crime is arson. (t is
either arson or murder.
:3
:4
(f the intent is to destro" propert", the crime is arson even if someone dies as
a conse2uence. (f the intent is to kill, there is murder even if the house is
burned in the process.
2nder ..0. B+A3 which amends $.F. )B66, when a person
commits any crime under the .evised $enal &ode or special laws
with the use of eplosives including but not limited to pillbo,
motolov cocktail bombs, detonation agents or incendiary devices
resulting in the death of a person, the same is aggravating. -;ection
+(
26. That the act !e committe# with B)-+T PR&-)TAT)0+
Essence of premeditation+ the execution of the criminal act must be
preceded b" cool thought and reflection upon the resolution to carr" out
the criminal intent during the space of time sufficient to arrive at a calm
&udgment
Re$uisites:
a& the time when the offender determined to commit the crime
b& an act manifestly indicating that the culprit has clung to his determination
c& a sufficient lapse of time between the determination and execution to allow
him to reflect upon the consequences of his act and to allow his conscience
to overcome the resolution of his will
%onspirac" generall" presupposes premeditation
There are cases however, when conspiracy is established because of
the manner the crime was committed by the ofenders, which more
often is manifested by their acts before, during and after the
commission of the crime. This is called implied conspiracy. #hen
such situation arises, the court cannot presume evident
premeditation. There is unity of purpose and they all took part in the
commission of the crime, but such is not evident premeditation. It
only establishes conspiracy.
.hen victim is different from that intended, premeditation is not
aggravating. Although it is not necessar" that there is a plan to kill a
particular person for premeditation to exist 4e.g. plan to kill first 2 persons
one meets, general attack on a villageNfor as long as it was planned5
#he premeditation must be based upon external facts, and must be
evident, not merel" suspected indicating deliberate planning
6vident premeditation is inherent in robber", adulter", theft, estafa,
falsification, and etc.
:4
:8
In evident premeditation, there must be a clear reflection on the part of the
offender. However, if the #illing was accidental, there was no evident
premeditation. 'hat is necessar" to show and to bring about evident
premeditation aside from showing that as some prior time, the offender has
manifested the intention to kill the victim, and subse2uentl" killed the victim.
In People vs& Aojica, 'G +"!# >'>, the lapse of one hour and forty!
%ve minutes -31)C p.m. to 6 p.m.( was considered by the ;upreme
&ourt as su9cient. In People vs& "abodoc, (95 +"!# 'F?, where at )177
p.m., the accused opened his balisong and uttered >I will kill him
-referring to the victim(?, at 31,7 p.m. of the said date accused
stabbed the victim, it was held that the lapse of three and a half
hours -, J hours( from the inception of the plan to the eecution of
the crime satis%ed the last re/uisite of evident premeditation.
2<. That (2) CRA>T. (7) >RA/-. 0R (6) -)'G/)' !e emplo"e#
Craft involves intellectual tricker" and cunning on the part of the
accused.
(t is emplo"ed as a scheme in the execution of the crime 4e.g. accused
pretended to be members of the constabular", accused in order to
perpetrate rape, used chocolates containing drugs5
&raft is present since the accused and his cohorts pretended
to be bona%de passengers of the jeep in order not to arouse
suspicion* when once inside the jeep, they robbed the driver and
other passengers (People vs& 8ee, (GJ +"!# :GG)
>rau# involves insidious words or machinations used to induce victim to
act in a manner which would enable the offender to carr" out his design.
as distinguished from craft which involves acts done in order not to arouse
the suspicion of the victim, fraud involves a direct inducement through
entrapping or beguiling language or machinations
-isguise resorting to an" device to conceal identit". !urpose of
concealing identit" is a must.
4ut the accused must be able to hide his identity during the
initial stage, if not all through out, the commission of the crime and
his identity must have been discovered only later on, to consider
this aggravating circumstance. If despite the mask worn by the
accused, or his putting of charcoal over his body, the ofended party
even before the initial stage knew him, he was not able to hide his
identity and this circumstance cannot be appreciated.
8istinction between *raft, Fraud, and 8isguise
Craft >rau# -isguise
:8
:/
(nvolves the use of
intellectual tricker" and
cunning to arouse suspicion
of the victim
(nvolves the use of direct
inducement b" insidious
words or machinations
(nvolves the use of
devise to conceal
identit"
Re$uisite: The offender must have actually taken advantage of craft, fraud, or
disguise to facilitate the commission of the crime.
The circumstance is characteri"ed by the intellectual or mental
approach, rather than the physical means to which criminal resorts
to carry out his intention.
Inherent in+ estafa and falsification
2=. That (2) A-BA+TAG ( TAI+ 0> '/PR)0R 'TR+GT1. or (7)
&A+' ( &PL0H- T0 ,AI+ T1 ->+'
)o purposely use excessive force out of the proportion to the means of defense
available to the person attac%ed&
a. 3uperiorit" ma" arise from aggressorCs sex, weapon or number as
compared to that of the victim 4e.g. accused attacked an unarmed girl
with a knife1 3 men stabbed to death the female victim5.
b. )o advantage of superior strength when one who attacks is overcome
with passion and obfuscation or when 2uarrel arose unexpectedl" and
the fatal blow was struck while victim and accused were struggling.
c. 0s. by a band * circumstance of abuse of superior strength, what is
taken into account is not the number of aggressors nor the fact that
the" are armed but their relative ph"sical might vis$O$vis the offended
part"
#here must be evidence of notorious ine2ualit" of forces between the offender
and the offended part" in their age, si+e and strength, and that the offender
took advantage of such superior strength in committing the crime. The mere
fact that there were two persons who attac#ed the victim does not per se
constitute abuse of superior strength %4eople v. Carpio $%$ 1C*A $"'.
To appreciate abuse of superior strength, what should be considered
is not that there were three, four or more assailants of the victim.
#hat matters is whether the aggressors took advantage of their
combined strength in order to consummate the crime.
The fact known however that there were two persons who
attacked the victim does not perse establish that the crime was
committed with abuse of superior strength. To take advantage of
superior strength means to purposely use ecessive force out of
:/
:.
proportion to the means available to the person attacked to defend
himself. (People vs& "asingal, (J5 +"!# 5?)
Dad treachery or alevosia been proven, it would have
absorbed abuse of superior strength. (People vs& Panganiban, (J' +"!#
:')
Re$uisite of &eans to ,ea3en -efense
a& Aeans were purposely sought to wea%en the defense of the victim to resist
the assault
b& )he means used must not totally eliminate possible defense of the victim,
otherwise it will fall under treachery
To wea2en the defense illustrated in the case where one struggling with
another suddenl" throws a cloak over the head of his opponent and while
in the said situation, he wounds or kills him. <ther means of weakening
the defense would be intoxication or disabling thru the senses 4casting dirt
of sand upon anotherCs e"es5
2A. That the act !e committe# with TRAC1RH (alevosia)
TRAC1RH: when the offender commits an" of the crime against the
person, emplo"ing means, methods or forms in the execution thereof
which tend directl" and speciall" to insure its execution without risk to
himself arising from the defense which the offended part" might make.
Re$uisites:
a& that at the time of the attac%, the victim was not in the position to defend
himself
b& that the offender consciously adopted the particular means, method or form
of attac% employed by him
The essence of treachery is that by virtue of the means, method or form
employed by the offender, the offended party was not able to put up any
defense. (f the offended part" was able to put up a defense, even onl" a token
one, there is no treacher" an"more. (nstead some other aggravating
circumstance ma" be present but not treacher" an"more.
Treachery can5t be considered when there is no evidence that the
accused, prior to the moment of the #illing, resolved to commit to crime, or
there is no proof that the death of the victim was the result of meditation,
calculation or reflection.
a. does not exist if the accused gave the deceased chance to prepare or
there was warning given or that it was preceded b" a heated argument
:.
:@
b. there is alwa"s treacher" in the killing of child
c. generall" characteri+ed b" the deliberate and sudden and unexpected
attack of the victim from behind, without an" warning and without giving
the victim an opportunit" to defend himself
Treachery is out when the attac# was merely incidental or accidental because
in the definition of treacher", the implication is that the offender had
consciousl" and deliberatel" adopted the method, means and form used or
emplo"ed b" him
6xamples* victim asleep, half$awake or &ust awakened, victim grappling or
being held, attacks from behind
$ut treachery may exist even if attac# is face=to=face as long as victim
was not given an" chance to prepare defense
.here there is conspiracy, treacher" is considered against all the
offenders
Treachery absorbs abuse of strength, aid of armed men, b" a band and
means to weaken the defense
TRAC1RH A(/' 0> '/PR)0R
'TR+GT1
&A+' &PL0H- T0
,AI+ ->+'
Means, methods or forms
are emplo"ed b" the
offender to make it
impossible or hard for the
offended part" to put an"
sort of resistance
<ffender does not
emplo" means, methods
or forms of attack, he
onl" takes advantage of
his superior strength
Means are emplo"ed but
it onl" materiall" weakens
the resisting power of the
offended part"
(ntoxication is the means deliberatel" emplo"ed b" the offender to weaken the
defense of the offended part". If this was the very means employed, the
circumstance may be treachery and not abuse of superior strength or means
to wea#en the defense.
There must be evidenced on how the crime was committed. (t is not enough
to show that the victim sustained treacherous wound. (t must be shown that
the victim was totall" defenseless.
3uddenness of the attack does not b" itself constitute treacher" in the
absence of evidence that the manner of the attack was consciousl" adopted
b" the offender to render the offended part" defenseless %4eople v. Ilagan
$%$ 1C*A )A&'.
'ven if the person killed is diferent from the intended victim,
treachery must be considered against the ofender because he is
responsible either for the intended victim or the actual victim.
:@
::
5or treachery to be appreciated however, the circumstance
must be present at the inception of the attack and if absent, and the
attack is continuous, treachery at a subse/uent stage is not to be
considered. (People vs& 6scoto, (JJ +"!# 5F(). Dowever, if there is a
break in the continuity of the aggression, it is not necessary that
treachery be present in the beginning of the assault* it is su9cient
that when the fatal blow was inficted, there was treachery& (*&+& vs&
,alagtas, ': Phil& '9J)
2E. That the means !e emplo"e# or circumstances !rought a!out which
a## )G+0&)+H to the natural effects of the acts
)G+0&)+H is a circumstance pertaining to the moral order, which adds
disgrace and oblo2u" to the material in&ur" caused b" the crime
pplicable to crimes against chastit" 4rape included5, less serious ph"sical
in&uries, light or grave coercion and murder
Re$uisites:
a& "rime must be against chastity, less serious physical injuries, light or grave
coercion, and murder
b& )he circumstance made the crime more humiliating and shameful for the
victim
0xamples6 accused embraced and kissed the offended part" not out of lust
but out of anger in front of man" people, raped in front of the husband,
raped successivel" b" five men
tend to make the effects of the crime more humiliating
(gnomin" not present where the victim was alread" dead when such acts
were committed against his bod" or person
-istinction !etween ignomin" an# cruelt"
Ignominy shocks the moral conscience of man while cruelty is ph"sical.
Ignominy refers to the moral effect of a crime and it pertains to the moral
order, whether or not the victim is dead or alive. *ruelty pertains to ph"sical
suffering of the victim so the victim has to be alive. (n plain language,
ignominy is adding insult to injury.
%ruelt" and ignomin" are circumstances brought about which are not
necessar" in the commission of the crime.
2F. That the crime !e committe# after an /+LA,>/L +TRH
::
1;;
:nlawful entry when an entrance is effected b" a wa" not intended for
the purpose. Meant to effect entrance and )<# exit.
.hy aggravating; <ne who acts, not respecting the walls erected b" men
to guard their propert" and provide for their personal safet", shows greater
perversit", a greater audacit" and hence the law punishes him with more
severit"
0xample6 -apist gains entrance thru the window
Inherent in6 #respass to dwelling, and robber" with force upon things.
Bnlawful entr" is inherent in the crime of robber" with force upon things but
aggravating in the crime of robber" with violence against or intimidation of
persons.
#here the escape was done through the window, the crime is
not attended by this circumstance since there was no unlawful entry.
25. That as a means to the commission of the crime. A ,ALL. R00>.
-00R 0R ,)+-0, ( (R0I+
Re$uisites:
a& # wall, roof, window, or door was bro%en
b& )hey were bro%en to effect entrance
Applicable onl" if such acts were done b" the offender to effect entrance.
The breaking of the parts of the house must be made as a
means to commit the ofense. ;o, if 0 entered the door of his
neighbor after killing him, escaped by breaking the jalousies of the
window or the door, this aggravating circumstance is absent.
The basis of this aggravating circumstance refers to means
and ways employed to commit the crime. It is not necessary that
the ofender should have entered the building because the phrase
>as a means to the commission of the crime? does not re/uire entry
to the building. It is also inherent in the crime of robbery with force
upon things.
Breaking is lawful in the following instances:
a. an officer in order to make an arrest ma" break open a door or window
of an" building in which the person to be arrested is or is reasonabl"
believed to be1
1;;
1;1
b. an officer if refused admittance ma" break open an" door or window to
execute the search warrant or liberate himself,
7G. That the crime !e committe# (2) with the A)- 0> PR'0+' /+-R
2= HAR' of age. or (7) !" &A+' 0> &0T0R B1)CL'. airships or
other similar means.
*eason for I$* to repress, so far as possible, the fre2uent practice
resorted to b" professional criminals to avail themselves of minors taking
advantage of their responsibilit" 4remember that minors are given lenienc"
when the" commit a crime5
The minors here could be accessories, accomplices or
principals who aided the accused in the commission of the crime.
0xample* Iuan instructed a 14$"ear old to climb up the fence and open the
gate for him so that he ma" rob the house
*eason for I"* to counteract the great facilities found b" modern criminals
in said means to commit crime and flee and abscond once the same is
committed.
Necessary that the motor vehicle be an important tool to the
consummation of the crime %bic"cles not included5
0xample* Iuan and !edro, in committing theft, used a truck to haul the
appliances from the mansion.
This circumstance is aggravating only when used in the commission of the
offense. If motor vehicle is used only in the escape of the offender, motor
vehicle is not aggravating. To be aggravating, it must have been used to
facilitate the commission of the crime.
The motor vehicle must have been sought by the ofender to
facilitate the commission of the crime.
72. That the wrong #one in the commission of the crime !e #eli!eratel"
augmente# !" causing other wrong not necessar" for its commission
CR/LTH* when the culprit en&o"s and delights in making his victim suffer
slowl" and graduall", causing him unnecessar" ph"sical pain in the
consummation of the criminal act. %ruelt" cannot be presumed nor merel"
inferred from the bod" of the deceased. 0as to be proven.
a. mere pluralit" of words do not show cruelt"
1;1
1;2
b. no cruelt" when the other wrong was done after the victim was dead
Re$uisites:
a& that the injury caused be deliberately increased by causing other wrong
b& that the other wrong be unnecessary for the execution of the purpose of the
offender
For cruelty to exist as an aggravating circumstance, there must be evidence
showing that the accused inflicted the alleged cruel wounds slowl" and
graduall" and that he is delighted seeing the victim suffer in pain. (n the
absence of evidence to this effect, there is no cruelt".
There is cruelty when the ofender is deliberately and
inhumanly augmented the sufering of the victim.
The essence of cruelty is that the culprit %nds delight in
prolonging the sufering of the victim.
)G+0&)+H CR/LTH
Moral suffering sub&ected to
humiliation
!h"sical suffering
0T1R AGRABAT)+G C)RC/&'TA+C':
0rgani9e# or s"n#icate# crime group
(n the same amendment to Article /2 of the -evised !enal %ode, paragraphs
were added which provide that the maximum penalt" shall be imposed if the
offense was committed b" an" person who belongs to an organi+ed or
s"ndicated crime group.
An organi+ed or s"ndicated crime group means a group of two or more
persons collaborating, confederating or mutuall" helping one another for
purposes of gain in the commission of a crime.
'ith this provision, the circumstance of an organi+ed or s"ndicated crime
group having committed the crime has been added in the %ode as a special
aggravating circumstance. #he circumstance being special or 2ualif"ing, it
must be alleged in the information and proved during the trial. <therwise, if
not alleged in the information, even though proven during the trial, the court
cannot validl" consider the circumstances because it is not among those
enumerated under Article 14 of the %ode as aggravating. (t is noteworth",
however, that there is an organi+ed or s"ndicated group even when onl" two
persons collaborated, confederated, or mutuall" helped one another in the
commission of a crime, which acts are inherent in a conspirac". 'here
therefore, conspirac" in the commission of the crime is alleged in the
information, the allegation ma" be considered as procedurall" sufficient to
1;2
1;3
warrant receiving evidence on the matter during trial and conse2uentl", the
said special aggravating circumstance can be appreciated if proven.
*nder the +n,uence of Dangerous Drugs
;ec. )H of 4.$. 4lg. )HA promulgated on @arch +, )AB+
provides1
>The provision of any law to the contrary
notwithstanding, when a crime is committed by an
ofender who is under the infuence of dangerous
drugs, such state shall be considered as /ualifying
aggravating circumstance.?
*se of *nlicensed Firearm
0lthough the circumstance that human life was destroyed with
the use of an unlicensed %rearm is not aggravating under 0rt. )3,
.$&, it may still be taken into consideration to increase the penalty
because of the eplicit provisions of the $residential Fecree Ko.
)B66 as amended by ..0. B+A3. ;ection -)(, ,
rd
par. of said law says
that if homicide or murder is committed with the use of an
unlicensed %rearm, such use of an unlicensed %rearm shall be
considered as an aggravating circumstance. 5urther, under ;ec. ,
thereof, when a person commits any of the crimes de%ned in the
.evised $enal &ode or special laws with the use of eplosives like
pill bo, motolov cocktail bombs, %rebombs or other incendiary
devices which result in the death of a person, such use shall be
considered as an aggravating circumstance.
Art 2=. #8)6!B#)I6 "I!"*A+)#B"6+& )heir concept. K Alternative
circumstances are those which must !e ta3en into consi#eration as
aggravating or mitigating accor#ing to the nature an# effects of the
crime an# the other con#itions atten#ing its commission. The" are the
relationship. into%ication an# the #egree of instruction an# e#ucation of
the offen#er.
The alternative circumstance of relationship shall !e ta3en into
consi#eration when the offen#e# part" is the spouse. ascen#ant.
#escen#ant. legitimate. natural. or a#opte# !rother or sister. or relative
!" affinit" in the same #egrees of the offen#er.
The into%ication of the offen#er shall !e ta3en into consi#eration
as a mitigating circumstances when the offen#er has committe# a felon"
in a state of into%ication. if the same is not ha!itual or su!se$uent to the
plan to commit sai# felon" !ut when the into%ication is ha!itual or
intentional. it shall !e consi#ere# as an aggravating circumstance.
1;3
1;4
Alternative Circumstances those which must be taken into
consideration as aggravating or mitigating according to the nature and
effects of the crime and other conditions attending its commission.
:se only the term alternative circumstance for as long as the particular
circumstance is not involved in any case or problem. The moment it is given
in a problem, do not use alternative circumstance, refer to it as aggravating or
mitigating depending on whether the same is considered as such or the other.
They are+
a. relationship 7 taken into consideration when offended part" is the
spouse, ascendant, descendant, legitimate, natural or adopted brother
or sister, or relative b" affinit" in the same degree 42
nd
5of the offender
The relationship of step!daughter and step father is included
(Pp vs& )an,(9J +"!# J(>), 4ut not of uncle and niece. (People vs& "abresos,
(JJ +"!# 59()
b. intoxication 7 mitigating when the offender has committed a felon" in
the state of intoxication, if the same is not habitual or subse2uent to the
plan to commit the said felon". Aggravating if habitual or intentional
c. degree of instruction and education of the offender
0xcept for the circumstance of intoxication, the other circumstances in rticle
&F may not be ta#en into account at all when the circumstance has no
bearing on the crime committed. 3o the court will not consider this as
aggravating or mitigating simpl" because the circumstance has no relevance
to the crime that was committed.
It is only the circumstance of intoxication which if not mitigating, is
automatically aggravating. =ut the other circumstances, even if the" are
present, but if the" do not influence the crime, the court will not consider it at
all. 1elationship ma" not be considered at all, especiall" if it is not inherent in
the commission of the crime. 8egree of instruction also will not be considered
if the crime is something which does not re2uire an educated person to
understand.
RLAT)0+'1)P
AI)I7#)IB7 "I!"*A+)#B"6 #77!##)IB7 "I!"*A+)#B"6
In crimes against property 4robber",
usurpation, fraudulent insolvenc",
arson5
In crimes against persons in cases
where the offender, or when the
offender and the offended part" are
relatives of the same level, as killing a
brother, adopted brother or half$brother.
lways aggravating in crimes against
chastity.
1;4
1;8
6xception/ Art &&" of CC no criminal
liabilit", civil liabilit" onl" for the crimes
of theft, swindling or malicious mischief
committed or caused mutuall" b"
spouses, ascendants, descendants or
relatives b" affinit" 4also brothers,
sisters, brothers$in$law or sisters$in$law
if living together5. It becomes an
0G0+"TIN7 circumstance.
415 (n the case of an accessor" who
is related to the principal within
the relationship prescribed in
Article 2;1
425 Also in Article 24., a spouse
does not incur criminal liabilit"
for a crime of less serious
ph"sical in&uries or serious
ph"sical in&uries if this was
inflicted after having surprised
the offended spouse or
paramour or mistress
committing actual sexual
intercourse.
,ometimes, relationship is a (ualifying
and not only a generic aggravating
circumstance. (n the crime of 2ualified
seduction, the offended woman must
be a virgin and less than 1@ "rs old.
=ut if the offender is a brother of the
offended woman or an ascendant of
the offended woman, regardless of
whether the woman is of bad
reputation, even if the woman is /;
"ears old or more, crime is 2ualified
seduction. (n such a case, relationship
is 2ualif"ing.
-elationship neither mitigating nor aggravating when relationship is an
element of the offense.
0xample* parricide, adulter", concubinage.
)+T0*)CAT)0+
AI)I7#)IB7 "I!"*A+)#B"6 #77!##)IB7 "I!"*A+)#B"6
a5 if intoxication is not habitual
b5 if intoxication is not subse2uent to
the plan to commit a felon"
a5 if intoxication is habitual such
habit must be actual and confirmed
b5 if its intentional 4subse2uent to the
plan to commit a felon"5
This circumstance is ipso facto mitigating, so that if the prosecution wants to
den" the offender the benefit of this mitigation, the" should prove that it is
habitual and that it is intentional. The moment it is shown to be habitual or
intentional to the commission of the crime, the same will immediatel"
aggravate, regardless of the crime committed.
Must show that he has taken such 2uantit" so as to blur his reason and
deprive him of a certain degree of control
+nto-ication means that the ofender=s mental faculties are
afected by drunkenness. It is not the /uantity of alcohol taken by
1;8
1;/
the ofender that determines drunkenness. It is the efect of the
alcohol taken by him that matters. If the alcohol taken by him blurs
his reason and deprives him of self!control, then he is intoicated.
Intoxication to be considered mitigating, re(uires that the offender has
reached that degree of intoxication where he has no control of himself
anymore. #he idea is the offender, because of the intoxication is alread"
acting under diminished self control. It is not the (uantity of alcoholic drin#.
1ather it is the effect of the alcohol upon the offender which shall be the basis
of the mitigating circumstance.

The conduct of the offender, the manner of committing the crime, his
behavior after committing the crime must show the behavior of a man who
has already lost control of himself. <therwise intoxication cannot legall" be
considered.
A habitual drunkard is given to inebriet" or the excessive use of
intoxicating drinks.
0abitual drunkenness must be shown to be an actual and confirmed habit
of the offender, but not necessaril" of dail" occurrence.
-GR 0> )+'TR/CT)0+ A+- -/CAT)0+
AI)I7#)IB7 "I!"*A+)#B"6 #77!##)IB7 "I!"*A+)#B"6
9ow degree of instruction J education
or the lac# of it. =ecause he does not
full" reali+e the conse2uences of his
criminal act. )ot &ust mere illiterac" but
lack of intelligence.
High degree of instruction and
education offender avails himself of
his learning in committing the offense.
In appreciating these circumstances, the court considers not only
literally but also lack of intelligence of the ofender. +lliteracy refers
to the ability of the individual to read and write and the ability to
comprehend and discern the meaning of what he has read. In order
to be mitigating& there must be the concurrence or combination of
illiteracy and lac, of intelligence on the part of the o1ender.
The nature of the crime committed must be considered in making
such a conclusion.
The fact that the offender did not have schooling and is illiterate does not
mitigate his liability if the crime committed is one which he inherently
understands as wrong such as parricide.
Exceptions ,not mitigating-+
a. crimes against propert"
b. crimes against chastit" 4rape included5
c. crime of treason
1;/
1;.
Art 2A. $ho are criminally liable. K The following are criminall" lia!le for
grave an# less grave felonies:
2. Principals.
7. Accomplices.
6. Accessories.
The following are criminall" lia!le for light felonies:
2. Principals
7. Accomplices.
This classification is true only under the 1evised "enal *ode and is not used
under special laws, because the penalties under the latter are never
graduated. 9o not use the term principal when the crime committed is a
violation of special law. <nl" use the term Goffender.H lso only classify
offenders when more than one too# part in the commission of the crime to
determine the proper penalty to be imposed. 3o, if onl" one person
committed a crime, do not use principal. Bse the Goffender,H Gculprit,H or the
Gaccused.H
.hen a problem is encountered where there are several participants in the
crime, the first thing to find out is if there is a conspiracy. (f there is, as a
general rule, the criminal liabilit" of all will be the same, because the act of
one is the act of all. However, if the participation of one is so insignificant,
such that even without his cooperation, the crime would be committed just as
well, then notwithstanding the existence of a conspirac", such offender will be
regarded onl" as an accomplice.

s to the liability of the participants in a felony, the %ode takes into
consideration whether the felon" committed is grave, less grave, or light.
.hen the felony is grave, or less grave, all participants are criminall" liable.
$ut where the felony is only light only the principal and the accomplice are
liable. #he accessor" is not. $ut even the principal and the accomplice will
not be liable if the felon" committed is onl" light and the same is not
consummated unless such felon" is against persons or propert"
Accessories 7 not liable for light felonies because the individual pre&udice
is so small that penal sanction is not necessar"
>nly natural persons can be criminals as onl" the" can act with malice or
negligence and can be subse2uentl" deprived of libert". 4uridical persons
are liable under special laws.
+anager of a partnership is liable even if there is no evidence of his direct
participation in the crime.
*orporations ma" be the in&ured part"
1;.
1;@
7eneral 1ule6 %orpses and animals have no rights that ma" be in&ured.
0xception6 defamation of the dead is punishable when it blackens the
memor" of one who is dead.
Art 2E. Principals& K The following are consi#ere# principals:
2. Those who ta3e a #irect part in the e%ecution of the act;
7. Those who #irectl" force or in#uce others to commit it;
6. Those who cooperate in the commission of the offense !" another
act without which it woul# not have !een accomplishe#.
PR)+C)PAL' (H -)RCT PART)C)PAT)0+
The principal by direct participation must be at the scene of
the crime, personally taking part in the eecution of the same.
*e.uisites for " or more to be principals by direct participation+
a. participated in the criminal resolution 4conspirac"5
b. carried out their plan and personall" took part in its execution b"
acts which directl" tended to the same end
Conspirac" (s unit" of purpose and intention.
To be a party to a conspiracy, one must have the intention to
participate in the transaction with a view to further the common
design and purpose. @ere knowledge, ac/uiescence, or approval of
the act is not enough. #hen there is no conspiracy in the
commission of the crime, each of the ofenders is liable only by the
acts performed by him.
Establishment of Conspiracy
a. proven b" overt act
b. )ot mere knowledge or approval
c. (t is not necessar" that there be formal
agreement.
d. Must prove be"ond reasonable doubt
e. %onspirac" is implied when the accused
had a common purpose and were united in execution.
f. :nity of purpose and intention in the
commission of the crime may be shown in the following cases*
1. 3pontaneous agreement at the moment of the commission of the
crime
1;@
1;:
2. Active %ooperation b" all the offenders in the perpetration of the
crime
3. %ontributing b" positive acts to the reali+ation of a common criminal
intent
4. !resence during the commission of the crime b" a band and
lending moral support thereto.
g. 'hile conspirac" ma" be implied from the
circumstances attending the commission of the crime, it is nevertheless
a rule that conspirac" must be established b" positive and conclusive
evidence.
#here the accused conspired with this three -,( co!accused to
kill the two -+( victims and the role assigned to him was to kill one of
the victims which he did, he is a principal by direct participation in
the two -+( murders.
%onspirator not liable for the crimes of the other which is not the ob&ect of
the conspirac" or is not a logical or necessar" conse2uence thereof
0 co!conspirator who committed an act substantially diferent
from the crime conspired upon is solely liable for the crime
committed by him. The other members of the conspiracy will not be
liable for the crime. (Pp vs& -ela "erna, 8L(G:'', ;ct& (G, ':?:)
0 conspirator is liable for another crime which is the necessary
and logical conse/uence of the conspiracy.
0 person in conspiracy with others, who had desisted before
the crime was committed by the others, is not criminally liable. (Pp
vs& -almacio )imbol, 7& !& Bos& 8LJ?J?'LJ?J?5, #ug& J, ':JJ)
#hen there is a conspiracy in the commission of the crime, it
is not necessary to ascertain the speci%c act of each conspirator. (Pp
vs& 0ernande., 7& !& Bo& 9(''9, Aarch ((, '::G, 'F5 +"!#)
Aultiple rape each rapist is liable for anotherCs crime because each
cooperated in the commission of the rapes perpetrated b" the others
%ception: in the crime of murder with treachery all the offenders must
at least know that there will be treacher" in executing the crime or
cooperate therein.
0xample6 Iuan and !edro conspired to kill #omas without the previous
plan of treacher". (n the crime scene, Iuan used treacher" in the presence
of !edro and !edro knew such. =oth are liable for murder. =ut if !edro
sta"ed b" the gate while Iuan alone killed #omas with treacher", so that
!edro didnCt know how it was carried out, Iuan is liable for murder while
!edro for homicide.
1;:
11;
No such thing as conspiracy to commit an offense through negligence.
0owever, special laws ma" make one a co$principal.
0xample6 :nder the "ure Food and 8rug ct, a storeowner is liable for
the act of his emplo"ees of selling adulterated coffee, although he didnCt
know that coffee was being sold.
%onspirac" is negatived b" the ac2uittal of co$defendant.
)hat the culprits 3carried out the plan and personally too% part in the
execution, by acts which directly tended to the same end2/
a. #he principals b" direct
participation must be at the scene of the crime, personall" taking part,
b. <ne serving as guard
pursuant to the conspirac" is a principal direct participation.
If the second element is missing, those who did not participate in the
commission of the acts of execution cannot be held criminall" liable,
unless the crime agreed to be committed is treason, sedition, or rebellion.
PR)+C)PAL' (H )+-/CT)0+ ()+-/C&+T)
a. 3)hose who directly force or induce others to commit it2
b. "rincipal by induction liable only when principal by direct participation
committed the act induced
Two ways of becoming a principal by inducement. The %rst
one is by directly forcing another to commit the crime and the
second is by directly inducing another to commit the crime.
2nder 0rt. )+, there are two ways of forcing another to
commit a crime: by using irresistible force and by using
uncontrollable fear. In these cases, conspiracy is not considered
because only one person is criminally liable 8 the person who
directly forces another to commit a crime. The one forced to perform
the act or the material eecutor is not criminally liable as he is
eempt from criminal liability according to 0rt. )+.
c. *e.uisites+
'& inducement be made directly with the intention of procuring the
(& such inducement be the determining cause of the commission of the
crime by the material executor
11;
111
'ven if the inducement be directly made, with the inducer
insistent and determined to procure the commission of the crime, he
still cannot be classi%ed as principal by induction if the inducement
is not the determining cause for committing the crime. Thus, if the
actor has reason of his own to commit the ofense, there can be no
principal by induction.
d. 9orms of Inducements
1. =" !rice, reward or promise
1. =" irresistible force or uncontrollable fear
Imprudent advice does not constitute sufficient inducement
@ere suggestions, or a thoughtless epression or a chance
word spoken without any intention or epectation that it would
produce the result cannot hold the utterer liable as principal by
inducement.
Concept of the inducement / one strong enough that the person induced
could hardly resist. This is tantamount to an irresistible force compelling the
person induced to carry out the execution of the crime. (ll advised language is
not enough unless he who made such remark or advice is a co$conspirator in
the crime committed.
It is necessary that the inducement be the determining cause
of the commission of the crime by the principal by direct
participation, that is, without such inducement, the crime would no
have been committed. If the principal by direct participation has
personal reasons to commit just the same even if no inducement
was made on him by another, there can be no principal by
inducement.
#. *e.uisites for words of command to be considered inducement+
'& "ommander has the intention of procuring the commission of the crime
(& "ommander has ascendancy or influence
5& $ords used be so direct, so efficacious, so powerful
J& "ommand be uttered prior to the commission
>& 6xecutor had no personal reason
It is also important to note that the words of inducement must
be made prior to the commission of the crime. If uttered while the
crime was being committed or after the crime was committed,
inducement would no longer be a matter of concern. (Pp vs& "astillo, 7&
!& Bo& 8L':(5FF, <uly (9, ':99)
111
112
It is necessary that one uttering the words of command must
have the intention of procuring commission of the crime and must
have ascendancy or infuence over the person acting. ;uch words
used must be direct, so e9cacious and so powerful as to amount to
physical or moral coercion, that the words of command must be
uttered prior to the commission of the crime and that the material
eecutor of the crime must have no personal reason of his own to
commit the crime. (Pp vs& #gapinoy, 7& !& ????9, <une (?, '::G)
e. 'ords uttered in the heat of anger and in the nature of the command
that had to be obe"ed do not make one an inductor.
)+-/CT0R PR0P0'' T0 C0&&)T A >L0+H
(nduce others 3ame
>iable onl" when the crime is
executed
!unishable at once when proposes to
commit rebellion or treason. #he person to
whom one proposed should not commit the
crime, otherwise the latter becomes an
inductor
%overs an" crime %overs onl" treason and rebellion
6ffects of #cquittal of Principal by direct participation on liability of principal
by inducement
a. %onspirac" is negated b" the ac2uittal of the co$defendant.
b. >ne can not be held guilty of instigating the commission of the crime
without first showing that the crime has been actually committed by
another. =ut if the one charged as principal b" direct participation be
ac2uitted because he acted without criminal intent or malice, it is not a
ground for the ac2uittal of the principal b" inducement.

PR)+C)PAL' (H )+-)'P+'A(L C00PRAT)0+
a. 3)hose who cooperate in the commission of the offense by another act
without which it would not have been accomplished2
2rincipals by Indispensable Cooperation are those who cooperate in
the commission of the ofense by another act without which it would
not have been accomplished. <ike in the case of $rincipal by
Inducement, it presupposes the eistence of the principal by direct
participation otherwise with whom shall he cooperate with
indispensablyE
!. *e.uisites+
'& Participation in the criminal resolution
(& "ooperation through another act (includes negligence)
112
113
The ofender in this case must have knowledge of the criminal
designs of the principal by direct participation. Thereafter, he
cooperates in the commission of the ofense by an act without which
the crime would not have been committed.
There is collective criminal responsibility when the offenders are criminall"
liable in the same manner and to the same extent. #he penalt" is the same
for all.
There is individual criminal responsibility when there is no conspirac".
The re/uisites for one to come under the ambit of paragraph ,
re/uires the participation of the ofender in the criminal resolution.
The participation must be before the commission of the crime
charged. De should cooperate in the commission of the ofense by
performing another act by without which the ofense would not have
been committed. The act of the principal by indispensable
cooperation should not be the act that constitutes the eecution of
the crime. It must be by another act.
Principal !" in#ispensa!le cooperation #istinguishe# from an
accomplice
#he point is not &ust on participation but on the importance of participation in
committing the crime. #he basis is the importance of the cooperation to the
consummation of the crime. If the crime could hardly be committed without
such cooperation, then such cooperation would bring about a principal. =ut if
the cooperation merel" facilitated or hastened the consummation of the crime,
this would make the cooperator merel" an accomplice.
#here both accused conspired and confederated to commit
rape, and one had se with the ofended party while the other was
holding her hands, and thereafter the latter was the one who raped
the victim, both are principals by direct participation and by
indispensable cooperation in the two -+( crimes of rape committed.
(People vs& 0ernande., 'F5 +"!# >'')
#here 0, a municipal treasurer, conspired with 4 for the latter
to present a false receipt and which receipt was the basis of the
reimbursement approved by 0, and both thereafter shared the
proceeds, 0 is the principal by direct participation and 4 by
indispensable cooperation in the crime of @alversation.
Art. 2F. #ccomplices. K Accomplices are those persons who. not
!eing inclu#e# in Art. 2E. cooperate in the e%ecution of the offense !"
previous or simultaneous acts.
113
114
Re$uisites:
a& there be a community of design (principal originates the design, accomplice
only concurs)
b& he cooperates in the execution by previous or simultaneous acts, intending
to give material and moral aid (cooperation must be %nowingly done, it must
also be necessary and not indispensable
c& )here be a relation between the acts of the principal and the alleged
accomplice
0xamples6 a5 Iuan was choking !edro. #hen #omas ran up and hit !edro
with a bamboo stick. Iuan continued to choke !edro until he was dead.
#omas is onl" an accomplice because the fatal blow came from Iuan.
b5 >ending a dagger to a killer, knowing the latterCs purpose.
An accomplice has knowledge of the criminal design of the principal and
all he does is concur with his purpose.
The accomplice does not conspire with the principal although
he cooperated in the eecution of the criminal act.
#here must be a relation between the acts done b" the principal and those
attributed to the person charged as an accomplice
In homicide or murder, the accomplice must not have inflicted the mortal
wound.
Art. 25. #ccessories. K Accessories are those who. having
3nowle#ge of the commission of the crime. an# without having
participate# therein. either as principals or accomplices. ta3e part
su!se$uent to its commission in an" of the following manners:
2. (" profiting themselves or assisting the offen#er to profit !"
the effects of the crime.
7. (" concealing or #estro"ing the !o#" of the crime. or the
effects or instruments thereof. in or#er to prevent its #iscover".
6. (" har!oring. concealing. or assisting in the escape of the
principals of the crime. provi#e# the accessor" acts with a!use of his
pu!lic functions or whenever the author of the crime is guilt" of treason.
parrici#e. mur#er. or an attempt to ta3e the life of the Chief %ecutive. or
is 3nown to !e ha!ituall" guilt" of some other crime.
To be an accessory to a crime, one must learn or must have
knowledge of the same after its commission. The crime must have
114
118
been consummated. Dis participation must take place subse/uent to
such knowledge and in the manner provided under 0rticle 3A.
0ll the above!mentioned acts are performed by the accessory
after the commission of the crime. 0n accessory neither participates
in the criminal design nor cooperates in the commission of the
crime. That is the reason why he is sometimes called an accessory
after the fact.
The crime committed must either be a less grave or grave
felony because if it is only a light felony, no criminal liability is
incurred by the accessory because of 0rticle H.
Example of 4ar $+ person received and used propert" from another,
knowing it was stolen
One can be an accessory not only by pro%ting from the efects
of the crime but also by assisting the ofender to pro%t from the
efects of the crime.
The accessory however should not take the property without
the consent of the principal or accomplice in possession of the
same, otherwise he is a principal in the crime of theft since a stolen
property can also be subject of theft or robbery.
Example of 4ar "+ placing a weapon in the hand of the dead who was
unlawfull" killed to plant evidence, or bur"ing the deceased who was killed
b" the principals
3estroying the corpus delicti
The body of the crime however does not only mean the body of
the person killed. This phrase refers to &O.$$2; F'<I&TI 8 that is,
the body or the substance of the ofense (People vs& ,antagan, >J Phil&
FJ')& &orpus delicti means the fact that a crime has actually been
committed& (People vs& Aadlangbayan, :J +"!# 9F>)
.hen the crime is robbery or theft, with respect to the second involvement of
an accessor", do not overlook the purpose which must be to prevent
discover" of the crime.
The corpus delicti is not the body of the person who is #illed, even if the
corpse is not recovered, as long as that killing is established be"ond
reasonable doubt, criminal liabilit" will arise and if there is someone who
destro"s the corpus delicti to prevent discover", he becomes an accessor".
#hile the body of the victim is a part of the term corpus
delicti by itself. The body of the crime may refer to the instrument
used in the commission of the crime such as knife, poison, gun or
118
11/
any material evidence relevant to prove or establish he commission
of the crime.
'-ample" #here the wife misled the authorities informing them
that the person who killed her husband was a thief who has fed,
when in truth, the killer was her paramour, the wife is liable as an
accessory for concealing the body of the crime.
Example of 4ar &+ a) public officers who harbor, conceal or assist in the
escape of the principal of an" crime 4not light felon"5 with abuse of his
public functions, !) private persons who harbor, conceal or assist in the
escape of the author of the crime guilt" of treason, parricide, murder or
an attempt against the life of the !resident, or who is known to be
habituall" guilt" of some crime.
5arboring or concealing an offender
In the case of a public officer, the crime committed by the principal is
immaterial. 3uch officer becomes an accessor" b" the mere fact that he
helped the principal to escape b" harboring or concealing, making use of his
public function and thus abusing the same.
>n the other hand, in case of a civilian, the mere fact that he harbored
concealed or assisted the principal to escape does not ipso facto make him
an accessor". The law re(uires that the principal must have committed the
crime of treason parricide murder or attempt on the life of the Chief
Executive. (f this is not the crime, the civilian does not become an accessor"
unless the principal is known to be habituall" guilt" of some other crime.
0ven if the crime committed by the principal is treason, or murder or parricide
or attempt on the life of the *hief 0xecutive, the accessory cannot be held
criminally liable without the principal being found guilty of any such crime.
>therwise the effect would be that the accessory merely harbored or assisted
in the escape of an innocent man, if the principal is ac(uitted of the charges.
Illustration6
*rime committed is #idnapping for ransom. "rincipal was being chased by
soldiers. His aunt hid him in the ceiling of her house and aunt denied to
soldiers that her nephew had ever gone there. .hen the soldiers left, the
aunt even gave money to her nephew to go to the province. Is aunt criminally
liableA )o. Article 2; does not include an auntie. 0owever, this is not the
reason. #he reason is because one who is not a public officer and who
assists an offender to escape or otherwise harbors, or conceals such offender,
the crime committed b" the principal must be either treason, parricide murder
or attempt on the life of the %hief executive or the principal is known to be
habituall" guilt" of some other crime.
11/
11.
The crime committed by the principal is determinative of the liability of the
accessory who harbors, conceals #nowing that the crime is committed. (f the
person is a public officer, the nature of the crime is immaterial. 'hat is
material is that he used his public function in assisting escape.
0owever, although under paragraph 3 of Article 1: when it comes to a civilian,
the law specifies the crimes that should be committed, "et there is a special
law which punishes the same act and it does not specif" a particular crime.
4residential 3ecree /o. $#"%, which penali!es obstruction of apprehension
and prosecution of criminal offenders, effective 4anuary &H, &A@&, punishes
acts commonly referred to as <obstructions of 6ustice=. #his 9ecree
penali+es under 'ection 2(c) thereof, the act, inter alia, of
2%c' Harboring or concealing, or facilitating the escape of any person he
#nows or has reasonable ground to believe or suspect, has committed any
offense under existing penal laws in order to prevent his arrest, prosecution
and conviction.3
0ere, there is no specification of the crime to be committed by the offender for
criminal liability to be incurred for harboring, concealing, or facilitating the escape
of the offender, and the offender need not be the principal / unli#e paragraph D,
rticle &A of the *ode. #he sub&ect acts ma" not bring about criminal liabilit"
under the %ode, but under this decree. 3uch an offender if violating
!residential 9ecree )o. 1@2: is no longer an accessor". 0e is simpl" an
offender without regard to the crime committed b" the person assisted to
escape. 3o in the problem, the standard of the -evised !enal %ode, aunt is
not criminall" liable because crime is kidnapping, but under !residential
9ecree )o. 1@2:, the aunt is criminall" liable but not as an accessor".
The term >or is .no(n to be habitually guilty of some
other crimes? must be understood in ordinary concept. Dabituality
in law means three times or more. It can refer to any crime wherein
the accused was convicted for three times and such fact is known to
the private individual who assisted the principal in his escape.
General *ule+ !rincipal ac2uitted, Accessor" also ac2uitted
Exception+ when the crime was in fact committed but the principal is
covered b" exempting circumstances.
0xample6 Minor stole a ring and Iuan, knowing it was stolen, bought it.
Minor is exempt. Iuan liable as accessor"
Trial of accessory may proceed without awaiting the result of the separate
charge against the principal because the criminal responsibilities are
distinct from each other
6ven if the principal is convicted, if the evidence presented against a
supposed accomplice or a supposed accessor" does not meet the re2uired
proof be"ond reasonable doubt, then said accused will be ac2uitted. ,o the
criminal liability of an accomplice or accessory does not depend on the
11.
11@
criminal liability of the principal but depends on the (uantum of evidence. =ut
if the evidence shows that the act done does not constitute a crime and the
principal is ac2uitted, then the supposed accomplice and accessor" should
also be ac2uitted. (f there is no crime, then there is no criminal liabilit",
whether principal, accomplice, or accessor".
?iability of the accessory the responsibilit" of the accessor" is
subordinate to that of a principal in a crime because the accessor"Cs
participation therein is subse2uent to its commission, and his guilt is
directl" related to the principal. If the principal was ac(uitted by an
exempting circumstance the accessory may still be held liable.
$ut not "residential 8ecree No. &@)A. #his special law does not re2uire that
there be prior conviction. (t is a malum prohibitum, no need for guilt, or
knowledge of the crime.
Two situations where accessories are not criminally liable:
%&' .hen the felony committed is a light felony-
%)' .hen the accessory is related to the principal as spouse, or as an
ascendant, or descendant or as brother or sister whether legitimate,
natural or adopted or where the accessory is a relative by affinity within
the same degree, unless the accessory himself profited from the
effects or proceeds of the crime or assisted the offender to profit
therefrom.
3ifference of accessory from principal and accomplice+
a. Accessor" does not take direct part or cooperate in, or induce the
b. Accessor" does not cooperate in the commission of the offense b" acts
either prior thereto or simultaneous therewith
c. !articipation of the accessor" in all cases alwa"s takes place after the
d. #akes part in the crime through his knowledge of the commission of the
offense.
>ne cannot be an accessory unless he #new of the commission of the crime.
>ne must not have participated in the commission of the crime. The
accessory comes into the picture when the crime is already consummated.
nyone who participated before the consummation of the crime is either a
principal or an accomplice. He cannot be an accessory.
Accessory as a fence
11@
11:
where the crime committed b" the principal was robber" or theft, such
participation of an accessor" brings about criminal liabilit" under Presidential
-ecree Bo& '9'( (#ntiL0encing 8aw). <ne who knowingl" profits or assists the
principal to profit b" the effects of robber" or theft is not &ust an accessor" to
the crime, but principall" liable for fencing under !residential 9ecree )o.
1/12.
An" person who, with intent to gain, ac2uires and?or sell, possesses, keeps or
in an" manner deals with an" article of value which he knows or should be
known to him to be the proceeds of robber" or theft is considered a GfenceH
and incurs criminal liabilit" for GfencingH under said decree. The penalty is
higher than that of a mere accessory to the crime of robbery or theft.
>ikewise, the participation of one who conceals the effects of robber" or theft
gives rise to criminal liabilit" for GfencingH, not simpl" of an accessor" under
paragraph 2 of Article 1: of the %ode. +ere possession of any article of value
which has been the subject of robbery or theft brings about the prima facie
presumption of 2fencing3.
(n both laws, !residential 9ecree )o. 1/12 and the -evised !enal %ode, the
same act is the basis of liability and you cannot punish a person twice for the
same act as that would go against double jeopardy.
The crimes of robbery and fencing are clearly two distinct
o1enses. The law on fencing does not re/uire the accused to have
participated in the criminal design to commit, or to have been in any
wise involved in the commission of the crime or robbery or theft
made to depend on an act of fencing in order that it can be
consummated. True, the object property in fencing must have been
previously taken by means of either robbery or theft but the place
where the robbery or theft occurs is inconse/uential.
Ac.uiring the effects of piracy or brigandage
#he act of knowingl" ac2uiring or receiving propert" which is the effect or the
proceeds of a crime generall" brings about criminal liabilit" of an accessor"
under Article 1:, paragraph 1 of the -evised !enal %ode. $ut if the crime
was piracy of brigandage under 4residential 3ecree /o. 8&& ,Anti-piracy
and Anti-5ighway *obbery ?aw of $%JA-, said act constitutes the crime of
abetting piracy or abetting brigandage as the case may be, although the
penalty is that for an accomplice, not just an accessory, to the piracy or
brigandage. To this end, 1ection A of 4residential 3ecree /o. 8&" provides
that any person who #nowingly and in any mannerK ac(uires or receives
property ta#en by such pirates or brigands or in any manner derives benefit
therefromK shall be considered as an accomplice of the principal offenders
and be punished in accordance with the 1ules prescribed by the 1evised
"enal *ode.
11:
12;
Art. 7G. #ccessories who are exempt from criminal liability. K The
penalties prescri!e# for accessories shall not !e impose# upon those
who are such with respect to their spouses. ascen#ants. #escen#ants.
legitimate. natural. an# a#opte# !rothers an# sisters. or relatives !"
affinit" within the same #egrees. with the single e%ception of
accessories falling within the provisions of paragraph 2 of the ne%t
prece#ing article.
Basis+ #ies of blood and the preservation of the cleanliness of oneCs name
which compels one to conceal crimes committed b" relatives so near as
those mentioned.
)ephew and )iece not included
ccessory not exempt when helped a relative$principal b" profiting from
the effects of the crime, or assisted the offender to profit from the effects of
the crime.
<nl" accessories covered b" par 2 and 3 are exempted.
!ublic officer who helped his guilt" brother escape does not incur criminal
liabilit" as ties of blood constitutes a more powerful incentive than the call
of dut".
P+ALT)'
4E/A?TC 7 suffering inflicted b" the 3tate for the transgression of a law.
Fi"e %&' theories that !ustify the imposition of penalty:
a. !revention 8 The ;tate must punish the criminal to prevent
or suppress the danger to the ;tate arising from the criminal
acts of the ofender*
b. /elf0defense 8 The ;tate has the right to punish the criminal
as a measure of self!defense so as to protect society from the
threat and wrong inficted by the criminal*
c. 1eformation 8 The object of punishment in criminal cases is
to correct and reform the ofender*
d. '-emplarity 8 The criminal is punished to serve as an
eample to deter others from committing crimes*
e. Justice 8 That crime must be punished by the ;tate as an act
retributive justice, a vindication of absolute right and moral as
violated by the criminal.
Imposition of a penalty has a three(fold purpose:
12;
121
a. 1etribution or e-piation 8 The penalty is commensurate
with the gravity of the ofense.
b. Correction or reformation rules which regulate the
eecution of penalties consisting of deprivation of liberty
c. /ocial defense 8 as manifested by the infeibilities and
severity in the imposition of the penalty to recidivists and
habitual delin/uents.
(uridical Conditions of 4enalty
a. +ust be productive of suffering limited b" the integrit" of human
personalit"
b. +ust be proportionate to the crime
c. +ust be personal imposed onl" upon the criminal
d. +ust be legal according to a &udgment of fact and law
e. +ust be e(ual applies to ever"one regardless of the circumstance
f. +ust be correctional to rehabilitate the offender
Art. 72. Penalties that may be imposed. K +o felon" shall !e punisha!le
!" an" penalt" not prescri!e# !" law prior to its commission.
Euarantees that no act of a citi+en will be considered criminal unless the
3tate has made it so b" law and provided a penalt"
Except+ 'hen the penalt" is favorable to the criminal
4y reason of 0rt. +), an act or omission cannot be punished by
the ;tate if at the time it was committed there was no law
prohibiting it. The rule is that a man cannot be epected to obey
an order that was not made known to him.
Art. 77. !etroactive effect of penal laws. K Penal Laws shall have a
retroactive effect insofar as the" favor the persons guilt" of a felon".
who is not a ha!itual criminal. as this term is #efine# in Rule = of Article
A7 of this Co#e. although at the time of the pu!lication of such laws a
final sentence has !een pronounce# an# the convict is serving the
same.
General *ule+ %riminal laws are given prospective effects
Exception+ Eive retroactive effect when favorable to the accused4not a
habitual deling2uent5. 6x. 3pecial law made the penalt" less severe but
must refer to the same deed or omission penali+ed b" the former statute
)ew law ma" provide that its provisions not be applied to cases alread"
filed in court at the time of the approval of such law.
121
122
The favorable retroactive effect of a new law may find the defendant in
one of the D situations
a. crime has been committed and the prosecution begins
b. sentence has been passed but service has not begun
c. sentence is being carried out.
5abitual criminal 4person who within the pd of 1; "ears from date of
release or last conviction of the crimes of serious or less serious ph"sical
in&uries, robber", theft, estafa or falsification, he is found guilt" of an" said
crimes a third time or oftener5 is N>T entitled to the benefit of the
provisions of the new favorable law.
*ivil liabilities not covered by rt )) because rights of offended persons
are not within the gift of arbitrar" disposal of the 3tate.
$ut new law increasing civil liability cannot be given retroactive effect.
-etroactivit" applicable also to special laws
#he right to punish offenses committed under an old penal law is not
extinguished if the offenses are still punished in the repealing penal law.
0owever, if b" re$enactment of the provisions of the former law, the repeal
is b" implication and there is a saving clause, criminal liabilit" under the
repealed law subsists.
No retroactive effect of penal laws as regards jurisdiction of the court.
Iurisdiction of the court is determined b" the law in force at the time of the
institution of the action, not at the time of the commission of the crime.
Iurisdiction of courts in criminal cases is determined b" the allegations of
the complaint or information, and not b" the findings the court ma" make
after trial.
Khen a law is ex post facto
a Makes criminal an act done before the passage of the law and which
was innocent when done, and punishes such an act.
b Aggravates the crime or makes it greater than it was when committed.
c %hanges the punishment and inflicts a greater punishment than the law
annexed to the crime when committed.
d Alters the legal rules of evidence and authori+es conviction upon less
or different testimon" than the law re2uired at the time of the
commission of the crime.
122
123
e Assuming to regulate civil rights and remedies onl", in effect imposes
penalt" or deprivation of a right for something which when done was
lawful.
f 9eprives a person accused of a crime some lawful protection to which
he has become entitled, such as the protection of a former conviction
or ac2uittal or a proclamation of amnest".
Bill of Attainder 7 a legislative act which inflicts punishment without trial.
(ts essence is the substitution of a legislative for a &udicial determination of
guilt.
Art. 76. 6ffect of pardon by the offended party. K A par#on of the
offen#e# part" #oes not e%tinguish criminal action e%cept as provi#e# in
Article 6<< of this Co#e; !ut civil lia!ilit" with regar# to the interest of
the in:ure# part" is e%tinguishe# !" his e%press waiver.
0ven if injured party already pardoned the offender fiscal can still
prosecute. )ot even considered a ground for dismissal of the information.
6xception/ Art &AA $ crimes of seduction, abduction, rape or acts of
lasciviousness pardon must be expressed.
0 pardon given by the ofended party does not etinguish
criminal action because such pardon by the ofended party is not
a ground for dismissal of the complaint or information. 0 crime
committed is an ofense against the ;tate. In criminal cases, the
intervention of the aggrieved parties is limited to being witnesses
for the prosecution, the ofended party being the .epublic of the
$hilippines.
<nl" %hief 6xecutive can pardon the offenders
*an5t compromise criminal liability, only civil liability but it still shall not
extinguish the public action for the imposition of the legal penalt".
0rt. +7,3 of the Kew &ivil &ode provides1 >there may be a
compromise upon the civil liability arising from an ofense* but
such compromise shall not etinguish the public action for the
imposition of the legal penalty.?
0 contract stipulating for the renunciation of the right to
prosecute an ofense or waiving the criminal liability is void.
<ffended part" in the crimes of adulter" and concubinage canCt institute
criminal prosecution if he shall have consented or pardoned the offenders.
"ardon in adultery and concubinage may be implied continued inaction
after learning of the offense. Must pardon both offenders.
123
124
The pardon afforded the offenders must come $0F>10 the institution of
the criminal proceedings. %omplaint for an" of the above$mentioned
crimes in Art 344 will still be prosecuted b" the court on the ground that the
pardon 4basis for the motion to dismiss5 was given after the filing of the
complaint.
#he onl" act that extinguishes the penal action, after the institution of
criminal action, is the marriage between the offender and the offended
party
"ardon under rt DBB is only a bar to criminal prosecution. (t 9<63 )<#
extinguish criminal liabilit". (t is not one of the causes that totall" extinguish
criminal liabilit" in Art @:.
*ivil liability with regard to the interest of the injured party is extinguished
by his express waiver because personal in&ur" ma" be repaired through
indemnit" an"wa". 3tate has no reason to insist on its pa"ment.
'aiver must be express.
Art. 7<. Aeasures of prevention or safety which are not considered penalties.
K The following shall not !e consi#ere# as penalties:
2. The arrest an# temporar" #etention of accuse# persons. as well
as their #etention !" reason of insanit" or im!ecilit". or illness re$uiring
their confinement in a hospital.
7. The commitment of a minor to an" of the institutions mentione#
in Article FG an# for the purposes specifie# therein.
6. 'uspension from the emplo"ment of pu!lic office #uring the
trial or in or#er to institute procee#ings.
<. >ines an# other corrective measures which. in the e%ercise of
their a#ministrative #isciplinar" powers. superior officials ma" impose
upon their su!or#inates.
=. -eprivation of rights an# the reparations which the civil laws
ma" esta!lish in penal form.
!ar 1 refers to the Gaccused personsH who are detained Gb" reason of
insanit" or imbecilit"H not an insane or imbecile who has not been arrested
for a crime.
#he" are not considered penalties because the" are not imposed as a
result of judicial proceedings. #hose in par 1, 3 and 4 are merel"
preventive measures before the conviction of offenders.
124
128
*ommitment of a minor is not a penalty because it is not imposed by the
court in a judgment. #he imposition of the sentence in such a case is
suspended.
7ines in par 4 are not imposed b" the court because otherwise, the"
constitute a penalt"
Correlating Article "A with Article "%
Although under Article 24, the detention of a person accused of a crime while
the case against him is being tried does not amount to a penalt", "et the law
considers this as part of the imprisonment and generall" deductible from the
sentence.
'hen will this credit appl"A If the penalty imposed consists of a deprivation
of liberty. )ot all who have undergone preventive imprisonment shall be given
a credit
:nder rticle )B, preventive imprisonment of an accused who is not "et
convicted is not a penalt". <et rticle )A, if ultimatel" the accused is
convicted and the penalt" imposed involves deprivation of libert", provides
that the period during which he had undergone preventive detention will be
deducted from the sentence, unless he is one of those dis2ualified under the
law.
3o, if the accused has actuall" undergone preventive imprisonment, but if he
has been convicted for two or more crimes whether he is a recidivist or not, or
when he has been previousl" summoned but failed to surrender and so the
court has to issue a warrant for his arrest, whatever credit he is entitled to
shall be forfeited.
(f the offender is not dis2ualified from the credit or deduction provided for in
Article 2: of the -evised !enal %ode, then the next thing to determine is
whether he signed an undertaking to abide b" the same rules and regulations
governing convicts. If he signed an underta#ing to abide by the same rules
and regulations governing convicts, then it means that while he is suffering
from preventive imprisonment, he is suffering like a convict, that is wh" the
credit is full.
$ut if the offender did not sign an underta#ing, then he will onl" be sub&ected
to the rules and regulations governing detention prisoners. s such, he will
only be given @?L or BJF of the period of his preventive detention.
!reventive imprisonment is the incarceration undergone by
a person accused of a crime which is not bailable, or he cannot
aford to post bond. Furing the trial of his case, he is detained in jail.
De is known as detention prisoner.
128
12/
/ubsidiary imprisonment, on the other hand, is the
personal penalty prescribed by law in substitution of the payment of
%ne embodied in the decision when the same cannot be satis%ed
because of the culprit=s insolvency. (People vs& <arumayan, >( ;&7& (JF)
Art. 7=. Penalties which may be imposed. K The penalties which ma" !e
impose# accor#ing to this Co#e. an# their #ifferent classes. are those
inclu#e# in the following 'cale:
PR)+C)PAL P+ALT)'
Capital punishment+
-eath.
Afflictive penalties+
Reclusion perpetua.
Reclusion temporal.
Perpetual or temporar" a!solute #is$ualification.
Perpetual or temporar" special #is$ualification.
Prision ma"or.
Correctional penalties+
Prision correccional.
Arresto ma"or.
'uspension.
-estierro.
?ight penalties+
Arresto menor.
Pu!lic censure.
Penalties common to the three prece#ing classes:
>ine. an#
(on# to 3eep the peace.
ACC''0RH P+ALT)'
Perpetual or temporar" a!solute #is$ualification.
Perpetual or temporar" special #is$ualification.
'uspension from pu!lic office. the right to vote an# !e vote# for. the
profession or calling.
Civil inter#iction.
)n#emnification.
>orfeiture or confiscation of instruments an# procee#s of the offense.
Pa"ment of costs.
Classification of penalties+
a !rincipal
b Accessor"
12/
12.

!rincipal penalties are those epressly imposed by the court while
2ccessory penalties are those that are deemed included in the
principal penalties imposed.
According to divisibility ,principal-
a divisible those that have fixed duration and are divisible into 3 periods
b indivisible no fixed duration 4death, -!, perpetual or absolute
dis2ualification5
According to sub6ect matter
a corporal death
b deprivation of freedom reclusion, prision, arresto
c restriction of freedom destierro
d deprivation of rights dis2ualification and suspension
e pecuniar" fine
According to gravity
a capital
b afflictive
c correccional
d light
"ublic censure is a penalty, and being such, is not proper in ac2uittal. =ut
a competent court, while ac2uitting an accused ma", with un2uestionable
propriet" express its disapproval or reprehension of those acts to avoid the
impression that b" ac2uitting the accused it approves or admires his
conduct.
!ermanent and temporar" absolute and permanent and temporar" special
dis2ualification and suspension ma" be principal or accessor" penalties
because the" are found in 2 general classes.
Art. 7A. $hen afflictive, correctional, or light penalty& K A fine. whether
impose# as a single of as an alternative penalt". shall !e consi#ere# an
afflictive penalt". if it e%cee#s A.GGG pesos; a correctional penalt". if it
#oes not e%cee# A.GGG pesos !ut is not less than 7GG pesos; an# a light
penalt" if it less than 7GG pesos.
Fines are imposed either as alternative 4Art 144 punishing disturbance of
proceedings with arresto ma"or or fine from 2;; pesos to 1;;; pesos5 or
single 4fine of 2;; to /;;; pesos5
Penalty cannot be imposed in the alternative since itCs the dut" of the court to
indicate the penalt" imposed definitel" and positivel". #hus, the court
cannot sentence the guilt" person in a manner as such as Gto pa" fine of
1;;; pesos, or to suffer an imprisonment of 2 "ears, and to pa" the costs.H
12.
12@
(f the fine imposed b" the law for the felon" is exactl" 2;; pesos, it is a
light felon".
9ines+
a #fflictive over /;;;
b "orrectional 2;1 to /;;;
c 8ight 2;; and less
Note6 #he classification applies if the fine is imposed as a single or
alternative penalt". 0ence, it does not apply if the fine imposed together
with another penalty.
Bond to 2eep the peace is by analogy+
a fflictive over /;;;
b *orrectional 2;1 to /;;;
c 9ight 2;; and less
8istinction between classification of "enalties in rt. A and rt. )H
Article 5 Article 7A
Applicable in determining the
prescriptive period of felonies
Applicable in determining the
prescriptive period of penalties
-/RAT)0+ A+- >>CT 0> P+ALT)'
Art. 7E. !eclusion perpetua. KThe penalt" of reclusion perpetua shall
!e from twent" "ears an# one #a" to fort" "ears.
!eclusion temporal. K The penalt" of reclusion temporal shall !e from
twelve "ears an# one #a" to twent" "ears.
Prision mayor and temporary disqualification. K The #uration of the penalties
of prision ma"or an# temporar" #is$ualification shall !e from si% "ears
an# one #a" to twelve "ears. e%cept when the penalt" of #is$ualification
is impose# as an accessor" penalt". in which case its #uration shall !e
that of the principal penalt".
Prision correccional, suspension, and destierro. K The #uration of the
penalties of prision correccional. suspension an# #estierro shall !e
from si% months an# one #a" to si% "ears. e%cept when suspension is
impose# as an accessor" penalt". in which case. its #uration shall !e
that of the principal penalt".
#rresto mayor& K The #uration of the penalt" of arresto ma"or shall !e
from one month an# one #a" to si% months.
#rresto menor. K The #uration of the penalt" of arresto menor shall !e
from one #a" to thirt" #a"s.
12@
12:
,ond to %eep the peace& K The !on# to 3eep the peace shall !e re$uire# to
cover such perio# of time as the court ma" #etermine.
6 fol# rule: the maximum duration of the convict5s sentence shall not be
more than D times the length of time corresponding to the most severe of
the penalties imposed upon him.
the maximum duration of the convictCs sentence shall in no case exceed
4; "ears
Three=Fold 1ule is to be given effect when the convict is already serving
sentence in the penitentiiary. It is the prison authority who will apply the
Three=Fold 1ule.
#emporar" dis2ualification and suspension, when imposed as accessor"
penalties, have different durations the" follow the duration of the
principal penalt"
3estierro is imposed in the following circumstances+
a serious ph"sical in&uries or death under exceptional circumstances 4Art.
24.5
b failure to give bond for good behavior 4 a person making threat ma" be
re2uired to give bond not to molest the person threatened, if not
destierro5
c penalt" for the concubine
d in cases where the reduction of the penalt" b" one or more degrees
results in destierro
8estierro is a principal penalty. It is a punishment whereby a convict is
vanished to a certan place and is prohibited form entering or coming near that
place designated in the sentence, not less than )F Mms.. However, the court
cannot extend beyond )F? Mms. If the convict should enter the prohibited
places, he commits the crime of evasion of service of sentence under rticle
&FC. $ut if the convict himself would go further from which he is vanished by
the court, there is no evasion of sentence because the )F?=Mm. limit is upon
the authority of the court in vanishing the convict
Bond to 2eep the peace is not specificall" provided as a penalt" for an"
felon" and therefore cannot be imposed b" the court. (t is re2uired in Art
2@4 and not to be given in cases involving other crimes.
'ummar":
a Perpetual penalties ,*.4.- 42; "rs 1da" 4;"rs5 after 3; "ears, can be
pardoned, except when he is unworth" of pardon b" reason of his
conduct and some other serious cause, it wonCt exceed 4; "ears.
b !eclusion )emporal 12 "rs and 1 da" to 2; "rs
12:
13;
c Prision Aayor and temporary disqualification / "rs and 1 da" to 12 "rs1
dis2ualification if accessor" follows the duration of the principal penalt"
d Prision "orreccional, suspension and destierro / mos and 1 da" to 12
"rs1 dis2ualification if accessor" follows the duration of the principal
penalt"
e #rresto Aayor 1 month and 1 da" to / months
f #rresto Aenor 1 da" to 3; da"s
g ,ond to %eep the peace the period during which the bond shall be
effective is discretionar" to the court
"apital and #fflictive Penalties
-eath Reclusion
Perpetua
Reclusion
Temporal
Prison &a"or
)erm of
ImprisonL
ment
)one 2; "ears and 1
da" to 4; "ears
12 "ears and
1 da" to 2;
"ears
/ "ears and 1
da" to 12 "ears
#ccessory
Penalties
None, unless
pardoned*
$!erpetual
absolute
dis2ualification
$%ivil
interdiction for
3; "ears
$%ivil
(nterdiction or
during his
sentence
$!erpetual
absolute
dis2ualification
$%ivil
(nterdiction or
during his
sentence
$!erpetual
absolute
dis2ualification
$#emporar"
absolute
dis2ualification
$!erpetual
special
dis2ualification
from the right of
suffrage which
the offender
suffers although
pardoned
"orrectional and 8ight Penalties
Prison Correctional Arresto &a"or Arresto &enor
ImprisonL
ment
/ months and 1 da" to /
"ears
1 month and 1 da"
to / months
1 da" to 3; da"s
#ccessory
Penalties
$3uspension from public
office
$3uspension from the right
to follow a profession or
calling
$!erpetual special
dis2ualification on the right
of suffrage
$3uspension of
right to hold office
$3uspension of the
right of suffrage
during the term of
the sentence
$3uspension of
right to hold office
$3uspension of the
right of suffrage
during the term of
the sentence
13;
131
.eclusion perpetua, despite its >de%ned duration? in ..0. H6CA
8 +7 years and one day to 37 years 8 is still to be classi%ed as an
indivisible penalty (People vs& 8ucas, (5( +"!# >5?), and should be
imposed in its entire duration in accordance with 0rt. 6, of the
.evised $enal &de. (People vs& Aagallano, (99 +"!# 5G>)
Art. 7F. "omputation of penalties& K )f the offen#er shall !e in prison.
the term of the #uration of the temporar" penalties shall !e compute#
from the #a" on which the :u#gment of conviction shall have !ecome
final.
)f the offen#er !e not in prison. the term of the #uration of the
penalt" consisting of #eprivation of li!ert" shall !e compute# from the
#a" that the offen#er is place# at the #isposal of the :u#icial authorities
for the enforcement of the penalt". The #uration of the other penalties
shall !e compute# onl" from the #a" on which the #efen#ant
commences to serve his sentence.
3irector of 4risonsEwarden to compute based on Art "#+
a .hen the offender is in prison the duration of the temporar" penalties
4!A9, #A9, detention, suspension5 is from the da" on which the
&udgment of conviction becomes final.
b .hen the offender is not in prison the duration of the penalt" in
deprivation of libert" is from the da" that the offender is placed at the
disposal of &udicial authorities for the enforcement of the penalt"
c The duration of the other penalties the duration is from the da" on
which the offender commences to serve his sentence
1eason for rule %a' / because under Art 24, the arrest and temporar"
detention of the accused is not considered a penalt"
if in custody, the accused appealed, the service of the sentence should
commence from the date of the promulgation of the decision of the
appellate court, not from the date of the &udgment of the trial court was
promulgated.
service of one in prison begins onl" on the da" the &udgment of conviction
becomes final.
In cases if temporary penalties, if the offender is under detention, as
when undergoing preventive imprisonment, rule 4a5 applies.
If not under detention 4released on bail5 rule 4c5 applies
>ffender under preventive imprisonment, rule 4c5 applies not rule 4a5
131
132
#he offender is entitled to a deduction of full$time or 4?8 of the time of his
detention.
Art. 75. Period of preventive imprisonment deducted from term of
imprisonment& K 0ffen#ers who have un#ergone preventive
imprisonment shall !e cre#ite# in the service of their sentence
consisting of #eprivation of li!ert". with the full time #uring which the"
have un#ergone preventive imprisonment. if the #etention prisoner
agrees voluntaril" in writing to a!i#e !" the same #isciplinar" rules
impose# upon convicte# prisoners. except in the following cases+
2. ,hen the" are reci#ivists or have !een convicte# previousl"
twice or more times of an" crime; an#
7. ,hen upon !eing summone# for the e%ecution of their
sentence the" have faile# to surren#er voluntaril".
)f the #etention prisoner #oes not agree to a!i#e !" the same
#isciplinar" rules impose# upon convicte# prisoners. he shall !e
cre#ite# in the service of his sentence with four8fifths of the time #uring
which he has un#ergone preventive imprisonment. (#s amended by
!epublic #ct 9'(?, <une '?, ':?G)&
,henever an accuse# has un#ergone preventive imprisonment
for a perio# e$ual to or more than the possi!le ma%imum imprisonment
of the offense charge# to which he ma" !e sentence# an# his case is
not "et terminate#. he shall !e release# imme#iatel" without pre:u#ice to
the continuation of the trial thereof or the procee#ing on appeal. if the
same is un#er review. )n case the ma%imum penalt" to which the
accuse# ma" !e sentence# is #estierro. he shall !e release# after thirt"
(6G) #a"s of preventive imprisonment. (#s amended by 6&;& Bo& ('J, <uly 'G,
':FF)
Accused undergoes preventive suspension if+
a offense is non$bailable
b bailable but canCt furnish bail
the full time or 4?8 of the time during which the offenders have undergone
preventive suspension shall be deducted from the penalt" imposed
preventive imprisonment must also be considered in perpetual penalties.
Article does not make an" distinction between temporal and perpetual
penalties.
%redit is given in the service of sentences Gconsisting of deprivation of
libert"H 4imprisonment and destierro5. #hus, persons who had undergone
preventive imprisonment but the offense is punishable by a fine only would
not be given credit.
8estierro is considered a Gdeprivation of libert"H
132
133
(f the penalty imposed is arresto menor to destierro, the accused who has
been in prison for 3; da"s 4arresto menor $ 3; da"s5 should be released
because although the maximum penalt" is destierro 4/ mos 1 da" to / "rs5,
the accused sentenced to such penalt" does not serve it in prison.
&he follo(ing o)enders are not entitled to any
deduction of the time of preventive imprisonment"
). .ecidivists or those previously convicted for two or more
times of any crime.
+. Those who, upon being summoned for the eecution of
their sentence, failed to surrender voluntarily.
Habitual 8elin(uents not entitled to the full time or 4?8 credit of time under
preventive imprisonment since he is necessaril" a recidivist or has been
convicted previousl" twice or more times of an" crime.
0xample6 F who was arrested for serious ph"sical in&uries, detained for 1
"ear and went out on bail but was later on found guilt". 0e was
conse2uentl" summoned for the execution of the sentence, but having
failed to appear, F will not be credited in the service of his sentence for
serious ph"sical in&uries w? one "ear or 4?8 of one "ear preventive
imprisonment.
Art. 6G. 6ffects of the penalties of perpetual or temporary absolute
disqualification& K The penalties of perpetual or temporar" a!solute
#is$ualification for pu!lic office shall pro#uce the following effects:
2. The #eprivation of the pu!lic offices an# emplo"ments which
the offen#er ma" have hel# even if conferre# !" popular election.
7.The #eprivation of the right to vote in an" election for an"
popular office or to !e electe# to such office.
6. The #is$ualification for the offices or pu!lic emplo"ments an#
for the e%ercise of an" of the rights mentione#.
)n case of temporar" #is$ualification. such #is$ualification as is
comprise# in paragraphs 7 an# 6 of this article shall last #uring the term
of the sentence.
<. The loss of all rights to retirement pa" or other pension for an"
office formerl" hel#.
The exclusion is a mere dis(ualification for protection and not for
punishment the withholding of a privilege, not a denial of a right.
133
134
"erpetual absolute dis(ualification is effective during the lifetime of the
convict and even after the service of the sentence.
Temporary absolute dis(ualification is effective during the term of sentence
and is removed after the service of the same. 0xception* 415 deprivation of
the public office or emplo"ment1 425 loss of all rights to retirement pa" or
other pension for an" office formerl" held.
Effects of 4erpetual and temporary absolute dis.ualification+
a 9eprivation of an" public office or emplo"ment of offender
b 9eprivation of the right to vote in an" election or to be voted upon
c >oss of rights to retirement pa" or pension
d All these effects last during the lifetime of the convict and even after the
service of the sentence except as regards paragraphs 2 and 3 of the
above in connection with #emporar" Absolute 9is2ualification.
Art. 62. 6ffect of the penalties of perpetual or temporary special
disqualification& K The penalties of perpetual or temporal special
#is$ualification for pu!lic office. profession or calling shall pro#uce the
following effects:
2. The #eprivation of the office. emplo"ment. profession or calling
affecte#;
7. The #is$ualification for hol#ing similar offices or emplo"ments
either perpetuall" or #uring the term of the sentence accor#ing to the
e%tent of such #is$ualification.
Art. 67. 6ffect of the penalties of perpetual or temporary special
disqualification for the exercise of the right of suffrage& K The perpetual or
temporar" special #is$ualification for the e%ercise of the right of
suffrage shall #eprive the offen#er perpetuall" or #uring the term of the
sentence. accor#ing to the nature of sai# penalt". of the right to vote in
an" popular election for an" pu!lic office or to !e electe# to such office.
&oreover. the offen#er shall not !e permitte# to hol# an" pu!lic office
#uring the perio# of his #is$ualification.
#emporar" dis2ualification if imposed as an accessor" penalt", its duration
is that of the principal penalt"
Effects of 4erpetual and Temporary 1pecial 3is.ualification
a. 0or public office, profession, or calling
1. 9eprivation of the office, emplo"ment, profession or calling affected
134
138
2. 9is2ualification for holding similar offices or emplo"ment during the
period of dis2ualification

b& 0or the exercise of the right of suffrage
1. 9eprivation of the right to vote or to be elected in an office.
1. %annot hold an" public office during the period of dis2ualification.

Art. 66. 6ffects of the penalties of suspension from any public office,
profession or calling, or the right of suffrage. K The suspension from pu!lic
office. profession or calling. an# the e%ercise of the right of suffrage
shall #is$ualif" the offen#er from hol#ing such office or e%ercising such
profession or calling or right of suffrage #uring the term of the sentence.
The person suspen#e# from hol#ing pu!lic office shall not hol# another
having similar functions #uring the perio# of his suspension.
ffects:
a 9is2ualification from holding such office or the exercise of such
profession or right of suffrage during the term of the sentence.
b %annot hold another office having similar functions during the period of
suspension.
Art. 6<. "ivil interdiction. K Civil inter#iction shall #eprive the
offen#er #uring the time of his sentence of the rights of parental
authorit". or guar#ianship. either as to the person or propert" of an"
war#. of marital authorit". of the right to manage his propert" an# of the
right to #ispose of such propert" !" an" act or an" conve"ance inter
vivos.
ffects:
a. 3eprivation of the following rights+
1. !arental rights
2. Euardianship over the ward
3. Martial authorit"
4. -ight to manage propert" and to dispose of the same b" acts
inter vivos
b. *ivil Interdiction is an accessory penalty to the following principal
penalties
1. (f death penalt" is commuted to life imprisonment
2. -eclusion perpetua
3. -eclusion temporal
0e can dispose of such propert" b" will or donation mortis causa
Art. 6=. 6ffects of bond to %eep the peace. K )t shall !e the #ut" of an"
person sentence# to give !on# to 3eep the peace. to present two
sufficient sureties who shall un#erta3e that such person will not commit
138
13/
the offense sought to !e prevente#. an# that in case such offense !e
committe# the" will pa" the amount #etermine# !" the court in the
:u#gment. or otherwise to #eposit such amount in the office of the cler3
of the court to guarantee sai# un#erta3ing.
The court shall #etermine. accor#ing to its #iscretion. the perio#
of #uration of the !on#.
'houl# the person sentence# fail to give the !on# as re$uire# he
shall !e #etaine# for a perio# which shall in no case e%cee# si% months.
is he shall have !een prosecute# for a grave or less grave felon". an#
shall not e%cee# thirt" #a"s. if for a light felon".
=ond to keep the peace is different from bail bond which is posted for the
provisional release of a person arrested for or accused of a crime. $ond to
#eep the peace or for good behavior is imposed as a penalt" in threats.
The legal effect of a failure to post a bond to #eep the peace is
imprisonment either for six months or 3; da"s, depending on whether the
felon" committed is grave or less grave on one hand, or it is light onl" on the
other hand. The legal effect of failure to post a bond for good behavior is not
imprisonment but destierro under Article 2@4.
Art. 6A. Pardon4 its effect& K A par#on shall not wor3 the restoration
of the right to hol# pu!lic office. or the right of suffrage. unless such
rights !e e%pressl" restore# !" the terms of the par#on.
A par#on shall in no case e%empt the culprit from the pa"ment of the
civil in#emnit" impose# upon him !" the sentence.
"ardon by the "resident does not restore the right to public office or
suffrage except when both are expressl" restored in the pardon. )or does
it exempt from civil liabilit"?from pa"ment of civil indemnit".
?imitations to 4residentLs power to pardon+
a can be exercised onl" after final &udgment
b does not extend to cases of impeachment
c does not extinguish civil liabilit" onl" criminal liabilit"
General rule+!ardon granted in general terms does not include accessor"
penalties.
Exceptions+
a. If the absolute pardon is granted after the term of imprisonment has
expired, it removes all that is left of the conse2uences of conviction.
However, if the penalt" is life imprisonment and after the service of 3;
13/
13.
"ears, a pardon is granted, the pardon does not remove the accessor"
penalt" of absolute perpetual dis2ualification
b. if the facts and circumstances of the case show that the purpose of the
!resident is to precisel" restore the rights i.e., granting absolute pardon
after election to a post 4ma"or5 but before the date fixed b" law for
assuming office to enable him to assume the position in deference to
the popular will
!ardon must be accepted
$ardon is an act of grace, proceeding from the &hief
'ecutive, which eempts the individual upon whom it is bestowed
from the punishment which the law inficts for the crime he has
committed. It is a private, though o9cial, act of the &hief 'ecutive
delivered to the individual for whose bene%t it is not intended. It is a
deed, to the validity of which delivery is essential, and delivery is
not complete without acceptance. 2ntil delivery, all that may have
been done is a matter of intended favor, and the pardon may be
cancelled to accord with the change of intention. If cancelled before
acceptance, it has no efect.
E)ects of Pardon
There are two kinds of pardon that may be etended by the
$resident. The %rst one is known as conditional pardon. This
pardon contemplates of a situation wherein the ofender is granted
temporary liberty under certain conditions. If he violates the
conditions of this pardon, he commits a crime known as evasion of
service of sentence.
Then we have absolute pardon 8 when an absolute pardon is
granted, it releases the ofender from the punishment imposed by
the court on him, so that in the eyes of the law, the ofender is
innocent as if he had never committed the ofense. It removes the
penalties and disabilities and restores him to all his civil rights. It
makes him a new man and gives him a new credit and capacity.
$ardon relieves the ofender from the conse/uences of an
ofense for which he has been convicted, that it, it abolishes or
forgives the punishment, subject to eceptions mentioned in 0rt. ,6.
4ardon by the offended party 7 does not extinguish criminal liabilit", ma"
include offended part" waiving civil indemnit" and it is done before the
institution of the criminal prosecution and extended to both offenders.
Pardon by the "hief 6xecutive distinguished from pardon by the offended
party/
13.
13@
1. !ardon b" the %hief 6xecutive extinguishes the criminal liabilit" of the
offender1 such is not the case when the pardon is given b" the offended
part".
+. $ardon by the &hief 'ecutive cannot include civil liability
which the ofender must pay* but the ofended party can
waive the civil liability which the ofender must pay.
,. In cases where the law allows pardon by the ofended party,
the pardon should be given before the institution of criminal
prosecution and must be etended to both ofenders. This is
not true for pardon etended by the &hief 'ecutive for the
same may be etended to ofenders whether the crime
committed is public or private ofense.
Art. 6E. "ost& M $hat are included. K Costs shall inclu#e fees an#
in#emnities in the course of the :u#icial procee#ings. whether the" !e
fi%e# or unaltera!le amounts previousl" #etermine# !" law or
regulations in force. or amounts not su!:ect to sche#ule.
Costs include+
a. fees
b. indemnities in the course of &udicial proceedings
%osts 4expenses of the litigation5 are chargeable to the accused in case of
conviction.
In case of ac(uittal, the costs are de oficio, each part" bearing is own
expense
)o costs allowed against the -epublic of the !hilippines until law provides
the contrar"
Art. 6F. Pecuniary liabilities& M ;rder of payment. K )n case the
propert" of the offen#er shoul# not !e sufficient for the pa"ment of all
his pecuniar" lia!ilities. the same shall !e met in the following or#er:
2. The reparation of the #amage cause#.
7. )n#emnification of conse$uential #amages.
6. The fine.
<. The cost of the procee#ings.
13@
13:
!ecuniary liability as contemplated under 0rt. ,B includes both
civil liabilities and pecuniary penalties e-cept the civil liability of
restitution because this is an eclusive liability.
Civil liability consists of reparation and indemni%cation while
pecuniary penalty consists of %ne imposed by the court.
It is worth noting, as will further be discussed under 0rt. BA, that
the death of the ofender before %nal judgment etinguishes the
pecuniary penalty but not the civil liability included in his pecuniary
liabilities.
pplicable 2in case property of the offender should not be sufficient for the
payment of all his pecuniary liabilities.H 0ence, if the offender has
insufficient or no propert", there is no use for Art 3@.
;rder of payment is mandatory
0xample6 Iuan inflicted serious ph"sical in&uries against !edro and took
the latterCs watch and ring. 0e incurred 8;; worth of hospital bills and
failed to earn 3;; worth of salar". Eiven that Iuan onl" has 1;;; pesos
worth of propert" not exempt from execution, it shall be first applied to the
pa"ment of the watch and ring which cannot be returned as such is
covered b" Greparation of the damage causedH thus, no. 1 in the order of
pa"ment. #he 8;; and 3;; are covered b" Gindemnification of the
conse2uential damageH thus, no. 2 in the order of pa"ment.
Art. 65. +ubsidiary penalty. K )f the convict has no propert" with
which to meet the fine mentione# in the paragraph 6 of the ne%t
prece#ing article. he shall !e su!:ect to a su!si#iar" personal lia!ilit" at
the rate of one #a" for each eight pesos. su!:ect to the following rules:
2. )f the principal penalt" impose# !e prision correccional or
arresto an# fine. he shall remain un#er confinement until his fine
referre# to in the prece#ing paragraph is satisfie#. !ut his su!si#iar"
imprisonment shall not e%cee# one8thir# of the term of the sentence.
an# in no case shall it continue for more than one "ear. an# no fraction
or part of a #a" shall !e counte# against the prisoner.
7. ,hen the principal penalt" impose# !e onl" a fine. the
su!si#iar" imprisonment shall not e%cee# si% months. if the culprit shall
have !een prosecute# for a grave or less grave felon". an# shall not
e%cee# fifteen #a"s. if for a light felon".
6. ,hen the principal impose# is higher than prision correccional.
no su!si#iar" imprisonment shall !e impose# upon the culprit.
13:
14;
<. )f the principal penalt" impose# is not to !e e%ecute# !"
confinement in a penal institution. !ut such penalt" is of fi%e# #uration.
the convict. #uring the perio# of time esta!lishe# in the prece#ing rules.
shall continue to suffer the same #eprivations as those of which the
principal penalt" consists.
=. The su!si#iar" personal lia!ilit" which the convict ma" have
suffere# !" reason of his insolvenc" shall not relieve him. from the fine
in case his financial circumstances shoul# improve. (#s amended by !#
>J9>, #pril (', ':9:&)
#here is no subsidiar" penalt" for non$pa"ment of reparation,
indemnification and costs in par 1, 2 and 4 of Art 3@. (t is onl" for fines.
Article 3: deals with subsidiar" penalt". There are two situations there6
%&' 'hen there is a principal penalt" of imprisonment or an" other principal
penalt" and it carries with it a fine1 and
%)' 'hen penalt" is onl" a fine.
Therefore, there shall be no subsidiary penalty for the non=payment of
damages to the offended party.
Art 3: applies onl" when the convict has no propert" with which to meet
the fine in par 3 of art 3@. #hus, a convict who has propert" enough to
meet the fine and not exempted from execution cannot choose to serve
the subsidiar" penalt" instead of the pa"ment of the fine.
In 4eople v. 1ubido it was held that the convict cannot choose not to serve,
or not to pay the fine and instead serve the subsidiary penalty. A subsidiar"
penalt" will onl" be served if the sheriff should return the execution for the fine
on the propert" of the convict and he does not have the properties to satisf"
the writ.
,ubsidiary imprisonment is not an accessory penalty. (t is covered b" Art
4;$48 of this %ode. Accessor" penalties are deemed imposed even when
not mentioned while subsidiar" imprisonment must be expressl" imposed.

subsidiary penalty is not an accessory penalty. 3ince it is not an accessor"
penalt", it must be expressly stated in the sentence, but the sentence does
not specif" the period of subsidiar" penalt" because it will onl" be known if the
convict cannot pa" the fine. #he sentence will merel" provide that in case of
non$pa"ment of the fine, the convict shall be re2uired to save subsidiar"
penalt". (t will then be the prison authorit" who will compute this. If the
judgment is silent, he cannot suffer any subsidiary penalty.
14;
141
Rules:
4E/A?TC I'4!1E3 ?E/GT5 !9 1:B1I3IA*C 4E/A?TC
Prision correccional or arresto and
fine
)ot exceed 1?3 of term of sentence, in no
case more than 1 "ear fraction or part of a
da" not counted.
0ine only )ot to exceed / months if prosecuted for
grave or less grave felon", not to exceed
18 da"s if prosecuted for light felon"
@igher than prision correccional )o subsidiar" imprisonment
Bot to be executed by confinement but
of fixed duration
3ame deprivations as those of the
principal penalt" under rules 1, 2 and 3
above
Khen is subsidiary penalty applied
%&' (f the subsidiar" penalt" prescribed for the non$pa"ment of fine which
goes with the principal penalt", the maximum duration of the subsidiary
penalty is one year, so there is no subsidiary penalty that goes beyond
one year. =ut this will onl" be true if the one "ear period is higher than
1?3 of the principal penalt", the convict cannot be made to undergo
subsidiar" penalt" more than 1?3 of the duration of the principal penalt"
and in no case will it be more than 1 "ear $ get 1?3 of the principal
penalt" $ whichever is lower.
%)' If the subsidiary penalty is to be imposed for non payment of fine and
the principal penalty imposed be fine only, which is a single penalt",
that means it does not go with another principal penalt", the most that
the convict will be re2uired to undergo subsidiar" imprisonment is six
months, if the felon" committed is grave or less grave, otherwise, if the
felon" committed is slight, the maximum duration of the subsidiar"
penalt" is onl" 18 da"s.
8o not consider the totality of the imprisonment the convict is sentenced to
but consider the totality or the duration of the imprisonment that the convict
will be re(uired to serve under the Three=Fold 1ule. (f the totalit" of the
imprisonment under this rule does not exceed six "ears, then, even if the
totalit" of all the sentences without appl"ing the #hree$7old -ule will go
be"ond six "ears, the convict shall be re2uired to undergo subsidiar" penalt"
if he could not pa" the fine.
(f financial circumstances improve, convict still to pa" the fine even if he
has suffered subsidiar" personal liabilit".
141
142
the penalt" imposed must be !%, AM, Am, suspension, destierro and fine
onl". other than these 4!M, -#, -!5 court cannot impose subsidiar"
penalt".
6ven if the penalt" imposed is not higher than !%, if the accused is a
habitual delin2uent who deserves an additional penalt" of 12 "rs and 1 da"
of -#, there is no subsidiar" imprisonment.
;ubsidiary imprisonment can be applied to the %ne imposed for
violation of special penal laws. This is authori"ed by 0rt. )H,+ and
by 0rt. )7 which makes the .evised $enal &ode applicable to special
laws.
Art. <G. -eath M Its accessory penalties& K The #eath penalt". when it is
not e%ecute# !" reason of commutation or par#on shall carr" with it that
of perpetual a!solute #is$ualification an# that of civil inter#iction #uring
thirt" "ears following the #ate sentence. unless such accessor"
penalties have !een e%pressl" remitte# in the par#on.
Art. <2. !eclusion perpetua and reclusion temporal& M )heir accessory
penalties& K The penalties of reclusion perpetua an# reclusion temporal
shall carr" with them that of civil inter#iction for life or #uring the perio#
of the sentence as the case ma" !e. an# that of perpetual a!solute
#is$ualification which the offen#er shall suffer even though par#one# as
to the principal penalt". unless the same shall have !een e%pressl"
remitte# in the par#on.
Art. <7. Prision mayor M Its accessory penalties. K The penalt" of
prision ma"or. shall carr" with it that of temporar" a!solute
#is$ualification an# that of perpetual special #is$ualification from the
right of suffrage which the offen#er shall suffer although par#one# as to
the principal penalt". unless the same shall have !een e%pressl"
remitte# in the par#on.
Art. <6. Prision correccional M Its accessory penalties. K The penalt" of
prision correccional shall carr" with it that of suspension from pu!lic
office. from the right to follow a profession or calling. an# that of
perpetual special #is$ualification from the right of suffrage. if the
#uration of sai# imprisonment shall e%cee# eighteen months. The
offen#er shall suffer the #is$ualification provi#e# in the article although
par#one# as to the principal penalt". unless the same shall have !een
e%pressl" remitte# in the par#on.
Art. <<. #rresto M Its accessory penalties. K The penalt" of arresto shall
carr" with it that of suspension of the right too hol# office an# the right
of suffrage #uring the term of the sentence.
142
143
0utline of accessor" penalties inherent in principal penalties
a. death if not executed because of commutation or pardon
1. perpetual absolute dis2ualification
2. civil interdiction during 3; "ears 4if not expressl" remitted in the
pardon5
b. *4 and *T
1. civil interdiction for life or during the sentence
2. perpetual absolute dis2ualification 4unless expressl" remitted in the
pardon5
c. 4'
1. temporar" absolute dis2ualification
2. perpetual absolute dis2ualification from suffrage 4unless expressl"
remitted in the pardon5
d. 4C
1. suspension from public office, profession or calling
2. perpetual special dis2ualification from suffrage if the duration of the
imprisonment exceeds 1@ months 4unless expressl" remitted in the
pardon5
#he accessor" penalties in Art 4;$44 must be suffered b" the offender,
although pardoned as to the principal penalties. To be relieved of these
penalties, the" must be expressl" remitted in the pardon.
)o accessor" penalt" for destierro
!ersons who served out the penalt" ma" not have the right to exercise the
right of suffrage. For a prisoner who has been sentenced to one year of
imprisonment or more for any crime, absolute pardon restores to him his
political rights. If the penalty is less than one year, dis2ualification does not
attach except if the crime done was against propert".
#he nature of the crime is immaterial when the penalt" imposed is one
"ear imprisonment or more.
#he accessory penalties are understood to be always imposed upon the
offender b" the mere fact that the law fixes a certain penalt" for the crime.
'henever the courts impose a penalt" which b" provision of law, carries
with it other penalties, itCs understood that the accessor" penalties are also
imposed.
the accessory penalties do not affect the jurisdiction of the court in which
the information is filed because the" donCt modif" or alter the nature of the
penalt" provided b" law. .hat determines jurisdiction in criminal cases is
the extent of the principal penalty wJc the law imposes of the crime
charged.
143
144
the +T* has exclusive jurisdiction over offenses punishable with
imprisonment of not exceeding 4 "ears and 2 months or a fine of not more
than 4;;; or both regardless of other imposable accessor" or other
penalties.
Art. <=. "onfiscation and forfeiture of the proceeds or instruments of the
crime& K ver" penalt" impose# for the commission of a felon" shall
carr" with it the forfeiture of the procee#s of the crime an# the
instruments or tools with which it was committe#.
'uch procee#s an# instruments or tools shall !e confiscate# an#
forfeite# in favor of the Government. unless the" !e propert" of a thir#
person not lia!le for the offense. !ut those articles which are not su!:ect
of lawful commerce shall !e #estro"e#.
ever" penalt" imposed carries with it the forfeiture of the proceeds of the
crime and the instruments or tools used in the commission of the crime
proceeds and instruments?tools of the crime are confiscated in favor of the
government
3
rd
personsC 4not liable for the offense5 propert" is not sub&ect to
confiscation and forfeiture
propert" not sub&ect of lawful commerce 4whether it belongs to accused or
3
rd
person5 shall be destro"ed.
canCt confiscate?forfeit unless thereCs a criminal case filed and tried, and
accused is ac2uitted.
must indict 3
rd
person to order confiscation of his propert"
instruments of the crime belonging to innocent 3
rd
person ma" be
recovered
confiscation can be ordered onl" if the propert" is submitted in evidence or
placed at the disposal of the court
articles which are forfeited $ when the order of forfeiture is alread" final,
canCt be returned even in case of an ac2uittal
confiscation and forfeiture are additional penalties. 'here the penalt"
imposed did not include the confiscation of the goods involved, the
confiscation K forfeiture of said goods would be an additional penalt" and
would amount to an increase of the penalt" alread" imposed, thereb"
placing the accused in double &eopard".
144
148
when the accused has appealed, confiscation and forfeiture not ordered b"
the trial court ma" be imposed b" the appellate court
the government canCt appeal the modification of a sentence if the
defendant did not appeal. =ut if the defendant appeals, it removes all bars
to the review and correction of the penalt" imposed b" the court below,
even if an increase thereof should be the result.
Art. <A. Penalty to be imposed upon principals in general. K The penalt"
prescri!e# !" law for the commission of a felon" shall !e impose# upon
the principals in the commission of such felon".
,henever the law prescri!es a penalt" for a felon" in general
terms. it shall !e un#erstoo# as applica!le to the consummate# felon".
General rule+ #he penalt" prescribed b" law in general terms shall be
imposed*
a upon the principals
b for consummated felon"
Exception+ when the law fixes a penalt" for the frustrated or attempted
felon".
'henever it is believed that the penalt" lower b" one or two degrees
corresponding to said acts of execution is not proportionate to the wrong
done, the law fixes a distinct penalt" for the principal in the frustrated or
attempted felon".
The graduation of penalties refers to+
a stages of execution 4consummated, frustrated, attempted5
b degree of the criminal participation of the offender 4principal,
accomplice, accessor"5
the division of a divisible penalt" 4min, med, max5 refers to the proper
period of the penalt" which should be imposed when aggravating or
mitigating circumstances attend the commission of the crime.
Art. <E. In what cases the death penalty shall not be imposed4 #utomatic
review of death penalty cases& The #eath penalt" shall !e impose# in all
cases in which it must !e impose# un#er e%isting laws. except when the
guilt" person is !elow eighteen (2F) "ears of age at the time of the
commission of the crime or is more than sevent" (EG) "ears of age or
when upon appeal or automatic review of the case !" the 'upreme
Court. the re$uire# ma:orit" vote is not o!taine# for the imposition of
the #eath penalt". in which cases the penalt" shall !e reclusion
perpetua.
148
14/
)n all cases where the #eath penalt" is impose# !" the trial court.
the recor#s shall !e forwar#e# to the 'upreme Court for automatic
review an# :u#gment !" the court en banc within twent" (7G) #a"s !ut
not earlier than fifteen (2=) #a"s after promulgation of the :u#gment or
notice of #enial of an" motion for new trial or consi#eration. The
transcript shall also !e forwar#e# within ten (2G) #a"s after the filing
thereof !" the stenographic reporter. (#s amended by +ec& ((, !# ?9>:)&
whenever the &udgment of the lower court imposes the death penalt", the
case shall be determined b" 1; &ustices of the court. .hen &? justices fail
to reach a decision 4as to the propriet" of the imposition of the death
penalt"5, the penalty next lower in degree than the death penalty shall be
imposed.
3eath penalty not imposed in the ff cases+
a5 when the person is more than .; "ears old at time -#% sentenced him
b5 when upon appeal or revision of the case b" the 3%, 1; &ustices are not
unanimous in their voting
c5 when the offender is a minor under 1@ "rs of age. 'h"A =ecause
minorit" is alwa"s a mitigating circumstance
d5 while a woman is pregnant and within one "ear after deliver"
<ustification for the death penalty/ social defense and exemplarit". )ot
considered cruel and unusual because does not involve torture or lingering
death.
Crimes where death penalty is imposed+
a5 treason
b5 certain acts of espionage under %ommonwealth Act /1/
c5 correspondence w? hostile countr" when it contains notice or
information and the intention of the offender is to aid the enem"
d5 2ualified pirac"
e5 certain violations of the Anti$subversion act
f5 parricide
g5 murder
h5 kidnapping and serious illegal detention
i5 robber" w? homicide
&5 rape w? homicide
k5 when death resulted from the commission of arson or other crime
involving destruction
trial court must re(uire the prosecution to present evidence, despite plea
of guilty, when the crime charged is punished by death. A sentence of
death is valid onl" if it is susceptible of a fair and reasonable examination
b" the court. #his is impossible if no evidence of guilt was taken after a
plea of guilt".
14/
14.
Art. <F. Penalty for complex crimes. K ,hen a single act constitutes
two or more grave or less grave felonies. or when an offense is a
necessar" means for committing the other. the penalt" for the most
serious crime shall !e impose#. the same to !e applie# in its ma%imum
perio#.
)he ( or more grave or less grave felonies must be the result of a single act , or
an offense must be a necessary means to commit the crime&
Comple% crime one crime onl" as there is onl" one criminal intent
onl" one information need be filed
7 3in#s of comple% crimes:
a5 compound crime single act constitutes 2 or more grave or less grave
felonies
*e.uisites+
') that only one single act is committed by the offender
() that the single act produces
a) ( or more grave felonies
b) one or more grave and one or more less grave felonies
c) ( or more less grave felonies
b5 complex crime proper when an offense is a necessar" means for
committing another
*e.uisites+
') that at least ( offenses are committed
() that one or some of the offenses must be necessary to commit the
other
5) that both or all the offenses must be punished under the same statute
/o single act in the following cases+
a5 'hen 2 persons are killed one after the other, b" different acts,
although these 2 killings were the result of a single criminal impulse,
the different acts must be considered as distinct crimes.
b5 'hen the acts are wholl" different, not onl" in themselves, but also
because the" are directed against 2 different persons, as when one
fires his gun twice in succession, killing one and in&uring the other.
.hen an offender performed more than one act, although similar, if they
result in separate crimes, there is no complex crime at all, instead, the
14.
14@
offender shall be prosecuted for as man" crimes as are committed under
separate information.
.hen the single act brings about two or more crimes, the offender is punished
with onl" one penalt", although in the maximum period, because he acted
onl" with single criminal impulse. if there is only one criminal impulse which
brought about the commission of the crime, the offender should be penali!ed
only once. (n this case it is not the singleness of the act but the singleness of
the impulse that has been considered
?ight felonies produced b" the same act should be treated and punished
as separate offenses or ma" be absorbed b" the grave felon".
0xamples6
a5 several light felonies resulting from one single act not complex
Iuan hit !edroCs car, resulting in several light in&uries and light felon" of
damage to propert". )o complex crime because the crime of slight
ph"sical in&uries and damage to propert" are light felonies. #here are
as man" crimes as there are persons in&ured w? light ph"sical in&uries
and as man" penalties as there are light felonies committed, even
though the" are produced b" a single act of the offender.
b5 when the crime is committed b" force or violence, slight ph"sical in&uries
are absorbed.
Examples of complex crimes+
a' Iuan was a baranga" captain who was killed while discharging his
dut", the crime is a complex crime of homicide wJ assault upon a
person of authority.
b' Iuan raped !etra, causing her ph"sical in&uries w?c re2uired a monthCs
worth of medical attention. #his is a complex crime of rape wJ less
serious physical injuries. #he in&uries were necessar" to the
commission of the rape.
when in obedience to an order, several accused simultaneousl" shot man"
persons, without evidence how man" each killed, there is onl" a single
offense, there being a single criminal impulse.
')ect of conspiracy in the commission of a comple- crime.
#hen a conspiracy animates several persons in the attainment of a
single purpose, and in the process, several persons perform various
acts in the attainment of said purpose, their individual acts are
treated as a single act. The felonious agreement produces a sole
and solidary liability.
when various acts are executed for the attainment of a single purpose wJc
constitutes an offense, such acts must be considered only as one offense.
14@
14:
0xample6 Iuan falsified 1;; warehouse receipts from April to Iune which
enabled him to swindle the bank of 1;; million. #hereCs onl" one complex
crime of estafa through multiple falsification of documents.
#here is no complex crime of arson w? homicide
rt B@ is applicable to crimes through negligence
6xample* Iuan lit a cigarette as he poured gas in the tank of his car in his
garage. #he gas caught fire and the house burned. 0is sister died and the
maid suffered serious ph"sical in&uries. #he crimes of arson, homicide,
serious ph"sical in&uries and damage to propert" constitute a complex
crime. #here is onl" one penalt" but there are 3 civil liabilities.
rticle B@ also applies in cases when out of a single act of negligence or
imprudence, two or more grave or less grave felonies resulted, although only
the first part thereof %compound crime5. #he second part of Article 4@ does
not appl", referring to the complex crime proper because this applies or refers
onl" to a deliberate commission of one offense to commit another offense.
)o complex crime when one of the offenses is penali+ed b" a special law
0rticle 3B is not applicable when the crimes committed are
made punishable by diferent laws.
@ala prohibita and mala in se cannot be grouped together to
form a comple crime under 0rticle 3B
0xample of complex crime proper 4at least 2 crimes must be committed5*
Pidnapping the victim to murder him in a secluded place ransom wasnCt
paid so victim was killed. Pidnapping was a necessar" means to commit
murder. =ut where the victim was taken from his home for the sole
purpose of killing him and not for detaining him illegall" or for the purpose
of ransom, the crime is simple murder.
2Necessary means3 does not mean 2indispensable means3. (ndispensable
would mean it is an element of the crime. #he crime can be committed b"
another mean. #he means actuall" emplo"ed 4another crime5 was merel"
to facilitate and insure the consummation of the crime.
2Necessary3 should not be understood as indispensable, otherwise, it shall
be considered absorbed and not giving rise to a complex crime.
.hen in the definition of a felony, one offense is a means to commit the
other, there is no complex crime.
0x. Murder committed b" means of fire. Murder can be 2ualified b" the
circumstance of fire so no complex crime even if Art 321 and 324 punishes
arson. (tCs plain and simple murder.
14:
18;
There is no disagreement that when a crime is committed
because it is necessary to commit another crime, it is a comple
crime and 0rticle 3B is made applicable. Dowever, the crime
committed is an element of the other crime, then it is not
considered a separate crime but is absorbed by the other crime.
)ot complex crime when trespass to dwelling is a direct means to commit
a grave offense. >ike rape, there is no complex crime of trespass to
dwelling with rape. #respass will be considered as aggravating 4unlawful
entr" or breaking part of a dwelling5
No complex crime when one offense is committed to conceal another
0xample6 Iuan set the school on fire after committing homicide. 2 crimes.
'hen the offender had in his possession the funds w?c he
misappropriated, the falsification of a public or official document involving
said funds is a separate offense. =ut when the offender had to falsif" a
public or official document to obtain possession of the funds w?c he
misappropriated, the falsification is a necessar" means to commit the
malversation.
#here is no complex crime of rebellion with murder, arson, robber" or other
common crimes. #he" are mere ingredients of the crime of rebellion
absorbed alread".
#hen the crime of murder, arson and robbery are committed
in the furtherance of the crime of rebellion, it is not a comple crime
of rebellion with murder, arson and robbery. The crime committed is
simple rebellion. The crimes of murder, arson and robbery are
treated as elements of rebellion. Kote however, that in order that
said crimes may be absorbed, it is necessary that the same were
done in furtherance of the crime of rebellion. (Pp vs& 7eronimo)
.hen ) crimes produced by a single act are respectively within the
exclusive jurisdiction of ) courts of different jurisdiction, the court of higher
jurisdiction shall try the complex crime.
0xample6 Although the forcible abduction which was supposedl"
commenced in Manila was not proven, and although the rape which was
proven was actuall" committed in %avite, still the -#% of Manila had
&urisdiction to convict the accused of rape. #he complex crime of forcible
abduction with rape was charged in the complaint on the basis of which
the case was tried.
In criminal procedure, it is prohibited to charge more than one offense in an
information, except when the crimes in one information constitute a complex
crime or a special complex crime.
18;
181
3o whenever the 3upreme %ourt concludes that the criminal should be
punished onl" once, because the" acted in conspirac" or under the same
criminal impulse, it is necessar" to embod" these crimes under one single
information. (t is necessar" to consider them as complex crimes even if the
essence of the crime does not fit the definition of Art 4@, because there is no
other provision in the -!%.
Art. 4@ is intended to favor the culprit.
The penalty for complex crime is the penalty for the most serious crime,
the same to be applied in its maximum period. (f the different crimes
resulting from one single act are punished with the same penalt", the
penalt" for an" one of them shall be imposed, the same to be applied in
the maximum period. #he same rule shall be observed when an offense is
a necessar" means to commit the other.
If by complexing the crime, the penalty would turn out to be higher, do not
complex anymore.
0xample6 Murder and theft 4killed with treacher", then stole the right5.
"enalty6 If complex / -eclusion temporal maximum to death.
If treated individually / -eclusion temporal to -eclusion !erpetua.
*omplex crime is not just a matter of penalty, but of substance under the
1evised "enal *ode.
complex crime of the second form may be committed by two persons.
$ut when one of the offenses, as a means to commit the other, was
committed by one of the accused by rec#less imprudence, the accused
who committed the crime by rec#less imprudence is liable for his acts only.
0xample6 Iuan cooperated in the commission of the complex offense of
estafa through falsification b" reckless imprudence b" acts without which it
could not have been accomplished, and this being a fact, there would be
no reason to exculpate him from liabilit". 6ven assuming he had no
intention to defraud #omas if his co$defendants succeeded in attaining the
purpose sought b" the culprits, IuanCs participation together w? the
participation of his co$defendants in the commission of the offense
completed all the elements necessar" for the perpetration of the complex
crime of estafa through falsification of documents.
'hen two felonies constituting a complex crime are punishable b"
imprisonment and fine, respectivel", onl" the penalt" of imprisonment shall
be imposed.
'hen a single act constitutes two grave or less grave or one grave and
another less grave, and the penalt" for one is imprisonment while that for
the other is fine, the severit" of the penalt" for the more serious crime
181
182
should not be &udged b" the classification of each of the penalties involved,
but b" the nature of the penalties.
0xample6 6ven if the fine for damage to propert" through reckless
imprudence is !4;,;;;, an afflictive penalt", and the penalt" for the
ph"sical in&uries resulting from the same act is onl" 4 mos of arresto
ma"or, a correccional penalt" ma" be imposed.
(n the order of severit" of the penalties, arresto ma"or and arresto menor
are considered more severe than destierro and arresto menor is higher in
degree than destierro.
7ine is not included in the list of penalties in the order of severit" and it is
the last in the order.
rt B@ applies only to cases where the *ode doesn5t provide a specific
penalty for a complex crime.
rt B@ doesn5t apply when the law provides one single penalty for single
complex crimes li#e the ff6 ,composite crimes-
a5 robber" w? homicide
b5 robber" w? rape
c5 kidnapping w? serious ph"sical in&uries
d5 rape w? homicide
composite crime is one in which substance is made up of more than one
crime, but which in the eyes of the law is only a single indivisible offense.
This is also #nown as special complex crime.
'hen a complex crime is charged and one offense is not proven, the
accused can be convicted of the other.
4lurality of crimes consists in the successive execution b" the same
individual of different criminal acts upon an" of w?c no conviction has "et
been declared.
Dinds of plurality of crimes+
a5 formal or ideal onl" one criminal liabilit"
b5 real or material there are different crimes in law as well as in the
conscience of the offender, in such cases, the offender shall be
punished for each and ever" offense that he committed.
6xample* Iuan stabbed !edro, then Iuan stabbed #omas too. #here are 2
committed as 2 acts were performed.
#hen the plurality of crimes is covered by a speci%c provision of
law and declares that such aggrupation is but a single crime and
provides a speci%c penalty for its commission, 0rt. 3B should not be
made to apply. #hen there is no law that covers the combination of
the crimes committed, then 0rt. 3B will apply.
182
183
PL/RAL)TH 0> CR)&' RC)-)B)'&
)o conviction of the crimes committed #here must be conviction b" final &udgment
of the first prior offense
9ormalEideal plural crimes are divided into & groups* %a person
committing multiple crimes is punished wJ one penalty in the ff cases'
a5 when the offender commits an" of the complex crimes defined in art 4@
b5 when the law specificall" fixes a single penalt" for 2 or more offenses
committed* robber" w? homicide, kidnapping w? serious ph"sical
in&uires
c5 when the offender commits continued crimes
Continue# crimes refers to a single crime consisting of a series of acts
but all arising from one criminal resolution. Although there is a series of
acts, there is onl" one crime committed, so onl" one penalt" shall be
imposed.
<continued crime= is one where the offender performs a series of acts
violating one and the same penal provision committed at the same place and
about the same time for the same criminal purpose, regardless of a series of
acts done, it is regarded in law as one.
#hen the actor, there being unity of purpose and of right
violated, commits diverse acts, each of which, although of a
delictual character, merely constitutes a partial delict, such
occurrence of delictual acts is called 3delicto continuado4.?
(7amboa vs& "ourt of #ppeals, 9F +"!# 5'J)
Examples of continued crimes+
a5 a collector of a commercial firm misappropriates for his personal use
several amounts collected b" him from different persons. #here is onl"
one crime because the different and successive appropriations are but
the different moments during which one criminal resolution arises.
b5 Iuan stole 2 books belonging to 2 different persons. 0e commits onl"
one crime because there is unit" of thought in the criminal purpose of
the offender.
continued crime is not a complex crime as offender does not perform a
single act but a series of acts. Therefore*
a5 penalt" not to be imposed in the maximum
b5 no actual provision punishing a continued crime itCs a principle
applied in connection w? 2 or more crimes committed w? a single
intention.
*ontinued crime is different from a transitory crime. Transitory crime is
Gmoving crimeH.
183
184
6xample* kidnapping someone for ransom and moving him to another
venue. #he offenders can be prosecuted and tried in either of the 2 areas.
RALJ&ATR)AL PL/RAL)TH C0+T)+/- CR)&
#here is a series of acts performed b" the
offender
3ame
6ach act performed constitutes a separate
crime because each act is generated b" a
criminal impulse
9ifferent acts constitute onl" one crime
because all of the acts performed arise
from one criminal resolution.
In the theft cases, the trend is to follow the single larceny doctrine, that is
taking of several things, whether belonging to the same or different owners, at
the same time and place, constitutes one larcen" onl".
*efamation cases
0 libelous publication afecting more than one person
constitutes as many crimes as there are ofended parties. The crime
is not comple even though there was only one act of publication.
#here the defamatory statement was uttered only once on a
single occasion against a group of persons not mentioned
individually, the act constitutes only one ofense.
Art. <5. Penalty to be imposed upon the principals when the crime committed
is different from that intended& K )n cases in which the felon" committe# is
#ifferent from that which the offen#er inten#e# to commit. the following
rules shall !e o!serve#:
2. )f the penalt" prescri!e# for the felon" committe# !e higher than
that correspon#ing to the offense which the accuse# inten#e# to
commit. the penalt" correspon#ing to the latter shall !e impose# in its
ma%imum perio#.
7. )f the penalt" prescri!e# for the felon" committe# !e lower than
that correspon#ing to the one which the accuse# inten#e# to commit.
the penalt" for the former shall !e impose# in its ma%imum perio#.
6. The rule esta!lishe# !" the ne%t prece#ing paragraph shall not !e
applica!le if the acts committe# !" the guilt" person shall also
constitute an attempt or frustration of another crime. if the law
prescri!es a higher penalt" for either of the latter offenses. in which
case the penalt" provi#e# for the attempte# or the frustrate# crime shall
!e impose# in its ma%imum perio#.
Art 4: has reference to the provision in the 1
st
par of Art 4 which provides
that criminal liabilit" shall be incurred Gb" an" person committing a felon"
although the wrongful act done be different from that which he intendedH
184
188
rt BA applicable only in cases when there is a mista#e in identity of the
victim of the crime and the penalty for the crime committed is different
from that for the crime intended to be committed.
Art 4: also has no application where a more serious conse2uence not
intended b" the offender befalls the same person.
0xample6 Iuan onl" wanted to inflict a wound upon !edro but because he
lost control of his right arm, he killed !edro. Art 4: not applicable.
ART <5 ART <F
>esser penalt" to be imposed in its
maximum pd
!enalt" for the more serious crime shall be
imposed in its maximum pd
/otes+
2. Art. 4: has reference to Art. 4415. (t applies onl" when there is error in
personae.
7. (n Art. 4: 4!aragraphs 1 and 25 the lower penalt" in its maximum period is
alwa"s imposed.
6. (n !ar. 3 the penalt" for the attempted or frustrated crime shall be imposed
in its maximum period. #his rule is not necessar" and ma" well be covered
b" Art. 4@, in view of the fact that the same act also constitutes an attempt
or a frustration of another crime.
Art. =G. Penalty to be imposed upon principals of a frustrated crime& K
The penalt" ne%t lower in #egree than that prescri!e# !" law for the
consummate# felon" shall !e impose# upon the principal in a frustrate#
felon".
Art. =2. Penalty to be imposed upon principals of attempted crimes. K A
penalt" lower !" two #egrees than that prescri!e# !" law for the
consummate# felon" shall !e impose# upon the principals in an attempt
to commit a felon".
Art. =7. Penalty to be imposed upon accomplices in consummated crime&
K The penalt" ne%t lower in #egree than that prescri!e# !" law for the
consummate# crime shall !e impose# upon the accomplices in the
commission of a consummate# felon".
Art. =6. Penalty to be imposed upon accessories to the commission of a
consummated felony& K The penalt" lower !" two #egrees than that
prescri!e# !" law for the consummate# felon" shall !e impose# upon
the accessories to the commission of a consummate# felon".
Art. =<. Penalty to be imposed upon accomplices in a frustrated crime. K
188
18/
The penalt" ne%t lower in #egree than prescri!e# !" law for the
frustrate# felon" shall !e impose# upon the accomplices in the
commission of a frustrate# felon".
Art. ==. Penalty to be imposed upon accessories of a frustrated crime& K
The penalt" lower !" two #egrees than that prescri!e# !" law for the
frustrate# felon" shall !e impose# upon the accessories to the
commission of a frustrate# felon".
Art. =A. Penalty to be imposed upon accomplices in an attempted crime& K
The penalt" ne%t lower in #egree than that prescri!e# !" law for an
attempt to commit a felon" shall !e impose# upon the accomplices in an
attempt to commit the felon".
Art. =E. Penalty to be imposed upon accessories of an attempted crime& K
The penalt" lower !" two #egrees than that prescri!e# !" law for the
attempte# felon" shall !e impose# upon the accessories to the attempt
to commit a felon".
Application of Article =G to =E
4articipation "onsummated 0rustrated #ttempted
Principal !enalt" imposed b" law 1 less 2 less
#ccomplice
1 less 2 less 3 less
#ccessory 2 less 3 less 4 less
/otes+
rt F?=FC not applicable when the law specifically prescribes the penalty
for the frustrated and attempted felony or that to be imposed upon the
accomplices and accessories.
3egree one whole penalt", one entire penalt" or one unit of the penalties
enumerated in the graduated scales provided for in Art .1
4eriod one of 3 e2ual portions, min?med?max of a divisible penalt". A
period of a divisible penalt" when prescribed b" the %ode as a penalt" for
a felon", is in itself a degree.
8istinctions between 8egree and "eriod
-egree Perio#
-efers to the penalt" imposable for a
felon" committed considering the stages of
execution and the degree of participation
of the offender
-efers to the duration of the penalt"
consisting of the maximum, medium, and
minimum, after considering the presence
or absence of aggravating ? mitigating
circumstances
Ma" refer to both divisible and indivisible
penalties
-efers onl" to divisible penalties
18/
18.
#he rules provided in Arts. 83, 88 and 8. do not appl" if the felon" is light
because accessories are not liable for the same
Bases for imposition of the penalty under the *4C
a. 3tage of the commission of the crime
1. !articipation of the persons liable
2. !resence of aggravating or mitigating circumstances
In making any reduction by one or more degrees, the basis used in
the penalty already prescribed, not as already reduced.
Art. =F. #dditional penalty to be imposed upon certain accessories. K
Those accessories falling within the terms of paragraphs 6 of Article 25
of this Co#e who shoul# act with a!use of their pu!lic functions. shall
suffer the a##itional penalt" of a!solute perpetual #is$ualification if the
principal offen#er shall !e guilt" of a grave felon". an# that of a!solute
temporar" #is$ualification if he shall !e guilt" of a less grave felon".
Art.8@ is limited onl" to grave and less grave felonies since it is not
possible to have accessories liable for light felonies. (t is further limited to
those whose participation in the crime is characteri+ed b" the misuse of
public office or authorit".
6xample* a5 A ma"or aided in friend, a wanted criminal, in escaping
b5 A senator gives protection to his &ueteng lord friend
Additional 4enalties for 4ublic !fficers who are accessories
1. Absolute perpetual dis2ualification, if the principal offender is guilt" of a
grave felon".
2. Absolute temporar" dis2ualification if the principal offender is guilt" of
less grave felon"
Art. =5. Penalty to be imposed in case of failure to commit the crime because
the means employed or the aims sought are impossible. K ,hen the person
inten#ing to commit an offense has alrea#" performe# the acts for the
e%ecution of the same !ut nevertheless the crime was not pro#uce# !"
reason of the fact that the act inten#e# was !" its nature one of
impossi!le accomplishment or !ecause the means emplo"e# !" such
person are essentiall" ina#e$uate to pro#uce the result #esire# !" him.
the court. having in min# the social #anger an# the #egree of criminalit"
shown !" the offen#er. shall impose upon him the penalt" of arresto
ma"or or a fine from 7GG to =GG pesos.
18.
18@
Basis for the imposition of proper penalty in impossible crimes+
social danger and degree of criminalit" shown b" the offender.
0xample6 Iuan fired a revolver at !edro at the distance of 2 kilometers.
#his shows stupidit" rather than danger. Iuan should not be punished as
there is no social danger nor degree of criminalit".
=ut if Iuan was a convicted felon, act ma" be punished.
Article limited to those cases of grave and less grave felonies.
Art. AG. 6xception to the rules established in #rticles >G to >?& K The
provisions containe# in Articles =G to =E. inclusive. of this Co#e shall
not !e applica!le to cases in which the law e%pressl" prescri!es the
penalt" provi#e# for a frustrate# or attempte# felon". or to !e impose#
upon accomplices or accessories.
" cases wherein the accomplice is punished wE the same penalty
imposed upon the principal
a5 ascendants, guardians, curators, teachers and an" person who b"
abuse of authorit" or confidential relationship shall cooperate as
accomplices in the crimes of rape, acts of lasciviousness, seduction,
corruption of minors, white slave trade or abduction.
b5 one who furnished the place for the perpetration of the crime of slight
illegal detention.
Accessory punished as principal+ Art 142 punishes an accessor" for
knowingl" concealed certain evil practices.
Cases when instead of a penalty " degrees lower one degree for
accessory+
a5 knowingl" using counterfeited seal or forged signature or stamp of the
!resident
b5 illegal possession and use of false treasur" or bank note
c5 using a falsified document
d5 using a falsified dispatch
Art. A2. !ules for graduating penalties& K >or the purpose of
gra#uating the penalties which. accor#ing to the provisions of Articles
=G to =E. inclusive. of this Co#e. are to !e impose# upon persons guilt"
as principals of an" frustrate# or attempte# felon". or as accomplices or
accessories. the following rules shall !e o!serve#:
2. ,hen the penalt" prescri!e# for the felon" is single an#
in#ivisi!le. the penalt" ne%t lower in #egrees shall !e that imme#iatel"
18@
18:
following that in#ivisi!le penalt" in the respective gra#uate# scale
prescri!e# in Article E2 of this Co#e.
7. ,hen the penalt" prescri!e# for the crime is compose# of two
in#ivisi!le penalties. or of one or more #ivisi!le penalties to !e impose
to their full e%tent. the penalt" ne%t lower in #egree shall !e that
imme#iatel" following the lesser of the penalties prescri!e# in the
respective gra#uate# scale.
6. ,hen the penalt" prescri!e# for the crime is compose# of one or
two in#ivisi!le penalties an# the ma%imum perio# of another #ivisi!le
penalt". the penalt" ne%t lower in #egree shall !e compose# of the
me#ium an# minimum perio#s of the proper #ivisi!le penalt" an# the
ma%imum perio#s of the proper #ivisi!le penalt" an# the ma%imum
perio# of that imme#iatel" following in sai# respective gra#uate# scale.
<. ,hen the penalt" prescri!e# for the crime is compose# of several
perio#s. correspon#ing to #ifferent #ivisi!le penalties. the penalt" ne%t
lower in #egree shall !e compose# of the perio# imme#iatel" following
the minimum prescri!e# an# of the two ne%t following. which shall !e
ta3en from the penalt" prescri!e#. if possi!le; otherwise from the
penalt" imme#iatel" following in the a!ove mentione# respective
gra#uate# scale.
=. ,hen the law prescri!es a penalt" for a crime in some manner not
especiall" provi#e# for in the four prece#ing rules. the courts.
procee#ing !" analog". shall impose correspon#ing penalties upon
those guilt" as principals of the frustrate# felon". or of attempt to
commit the same. an# upon accomplices an# accessories.
The rules provided in this rt should also apply in determining the
minimum of the Indeterminate ,entence 9aw %I,9'. It also applies in
lowering the penalty by one or two degrees by reason of the presence of
the privileged mitigating circumstance or when the penalty is divisible and
there are two or more mitigating circumstances.
Gra#uate# 'cale in Art E2
Indivisible 4enalties+
a5 9eath
b5 -eclusion !erpetua
3ivisible 4enalties+
a5 -eclusion #emporal
b5 !rision Ma"or
c5 !rision %orreccional
d5 Arresto Ma"or
e5 9estierro
f5 Arresto Menor
g5 !ublic %ensure
h5 7ine
18:
1/;
*ule /o. $+
.hen the penalty is single and indivisible 4ex. -!5, the penalt" next lower
shall be reclusion temporal.
*ule /o. "+
a5 when the penalty is composed of two indivisible penalties
6x. penalt" for parricide is reclusion perpetua to death, the next lower
penalt" is reclusion temporal
b5 when the penalty is composed of one or more divisible penalties to be
imposed to their full extent
0x. &' one divisible penalty is reclusion temporal. #he penalt"
immediatel" following -# is prision ma"or.
25 ) divisible penalties are prision correccional to prision ma"or. #he
penalt" immediatel" preceding the lesser of the penalties of prision
correccional to prision ma"or is arresto ma"or.
*ule /o. &+
.hen the penalty is composed of ) indivisible penalties and the maximum
period of a divisible penalty or when composed of one divisible penalty the
maximum of one divisible penalty
0x. penalt" for murder is reclusion temporal4max5 to death. #he point of
reference will be on the proper divisible penalt" which is reclusion
temporal. Bnder the 3
rd
rule, the penalt" next lower to reclusion
temporal is composed of the medium and minimum periods of
reclusion temporal and the maximum of prision ma"or.
*ule /o.A+
.hen the penalty is composed of several periods
0x. the GseveralH periods contemplated in this rule correspond to
different divisible penalties. A penalt" of prision ma"or in its medium
period to reclusion temporal in its minimum period is an example of
such. #he penalt" immediatel" following the minimum of the entire
sentence, which is prision ma"or medium, is prision ma"or in its
minimum and the 2 periods next following, which are prision
correccional max and medium.
*ule /o.8+
.hen the penalty has only ) periods
6x. Abduction punishable b" prision correccional in its medium and
minimum. #he next penalt" following is formed b" 2 periods to be taken
from the same penalt" if possible or from the periods of the penalt"
numericall" following the lesser of the penalties prescribed. #he
penalt" next following prision correccional in its med and min shall be
arresto ma"or in its med and max.
+itigating and ggravating circumstances are first disregarded in the
application of the rules for graduating penalties. (t is onl" after the penalt"
1/;
1/1
next lower in degree is alread" determined that the mitigating and
aggravating circumstances should be considered.
Art. A7. 6ffect of the attendance of mitigating or aggravating circumstances
and of habitual delinquency. K &itigating or aggravating circumstances
an# ha!itual #elin$uenc" shall !e ta3en into account for the purpose of
#iminishing or increasing the penalt" in conformit" with the following
rules:
2. Aggravating circumstances which in themselves constitute a
crime speciall" punisha!le !" law or which are inclu#e# !" the law in
#efining a crime an# prescri!ing the penalt" therefor shall not !e ta3en
into account for the purpose of increasing the penalt".
2.(a) ,hen in the commission of the crime. a#vantage was ta3en !"
the offen#er of his pu!lic position. the penalt" to !e impose# shall !e in
its ma%imum regar#less of mitigating circumstances.
The ma%imum penalt" shall !e impose# if the offense was committe# !"
an" person who !elongs to an organi9e# J s"n#icate# crime group.
An organi.ed = syndicated crime group means a group of two or more
persons colla!orating. confe#erating. or mutuall" helping one another
for purposes of gain in the commission of an" crime.
7. The same rule shall appl" with respect to an" aggravating
circumstance inherent in the crime to such a #egree that it must of
necessit" accompan" the commission thereof.
6. Aggravating or mitigating circumstances which arise from the
moral attri!utes of the offen#er. or from his private relations with the
offen#e# part". or from an" other personal cause. shall onl" serve to
aggravate or mitigate the lia!ilit" of the principals. accomplices an#
accessories as to whom such circumstances are atten#ant.
<. The circumstances which consist in the material e%ecution of the
act. or in the means emplo"e# to accomplish it. shall serve to aggravate
or mitigate the lia!ilit" of those persons onl" who ha# 3nowle#ge of
them at the time of the e%ecution of the act or their cooperation therein.
=. @abitual delinquency shall have the following effects&
(a) /pon a thir# conviction. the culprit shall !e sentence# to the
penalt" provi#e# !" law for the last crime of which he !e foun# guilt"
an# to the a##itional penalt" of prision correccional in its me#ium an#
ma%imum perio#s;
(!) /pon a fourth conviction. the culprit shall !e sentence# to the
penalt" provi#e# for the last crime of which he !e foun# guilt" an# to
1/1
1/2
the a##itional penalt" of prision ma"or in its minimum an# me#ium
perio#s; an#
(c) /pon a fifth or a##itional conviction. the culprit shall !e
sentence# to the penalt" provi#e# for the last crime of which he !e
foun# guilt" an# to the a##itional penalt" of prision ma"or in its
ma%imum perio# to reclusion temporal in its minimum perio#.
+otwithstan#ing the provisions of this article. the total of the two
penalties to !e impose# upon the offen#er. in conformit" herewith. shall
in no case e%cee# 6G "ears.
>or the purpose of this article. a person shall be deemed to be habitual
delinquent, if within a perio# of ten "ears from the #ate of his release or
last conviction of the crimes of serious or less serious ph"sical in:uries.
ro!o. hurto. estafa or falsification. he is foun# guilt" of an" of sai#
crimes a thir# time or oftener. (#s amended by +ection (5 of !&#& no& ?9>:)
4ar $+ ggravating circumstances are not to be ta#en into account when6
a5 the" themselves constitute a crime
6x. b" Gmeans of fireH arson
b5 the" are included b" law in the definition of a crime
'-ample" the aggravating circumstances of trespass or
>escalamiento? is in itself a crime -0rt. +B7(. The breaking of a roof,
foor or window may constitute malicious mischief. The burning of
anything of value may constitute arson. These aggravating
circumstances, if considered as felonies, do not increase the penalty.
0mong the aggravating circumstances included in the
de%nition of a crime are taking advantage of public position in
estafa under 0rt. +)3, abuse of con%dence in /uali%ed theft -0rt.
,)7(* the circumstances which /ualify homicide in murder -0rt.
+3B(* and the use of arti%ce involving great waste and ruin in the
crimes punished in 0rts. ,+3 and ,,7.
4ar "+ 3ame rules applies when the aggravating circumstance is inherent
in the crime
'-ample" .elationship is inherent in the crimes of parricide and
infanticide* abuse of con%dence is inherent in malversation,
/uali%ed theft, seduction and estafa* se is inherent in crimes
against chastity* taking advantage of public position, in crimes
committed by public o9cers* premeditation is inherent in robbery,
theft, estafa and similar ofenses. Kocturnity, abuse of superiority
and craft are absorbed by treachery and are therefore inherent in
murder /uali%ed by treachery. $remeditation, abuse of superiority
and treachery are inherent in treason.
1/2
1/3
4ar &. ggravating or mitigating circumstances arising from any of the ff
affect only those to whom such circumstances are attendant6
a5 from the moral attributes of the offender
b5 from his private relations w? the offended part"
c5 from an" other personal cause
'-ample" 5our malefactors commit homicide. One of them is
under )B. 0nother is drunk. The third is a recidivist, and the fourth is
neither under age, nor drunk, nor a recidivist. The %rst has in his
favor the mitigating circumstances of minority which does not afect
his co!defendants. The second has a diferent circumstances in his
favor, drun,enness, which does not etend to the other participants
in the crime. The third has an aggravating circumstance which
afects him only. The fourth shall sufer the penalty corresponding to
him without taking into consideration the aggravating
circumstances afecting one or the etenuating circumstances
afecting the others.
.ule , is illustrated in the crime of parricide wherein a
stranger had participated. De is guilty of homicide or murder and
not parricide. In the same manner, the stranger who participated in
the commission of /uali%ed theft involving abuse of con%dence and
who had no con%dential relationship with the victim is only guilty of
simple theft. 4ut the rule is diferent in malversation. 0 private
individual coordinating with the accountable public o9cer in
committing malversation is a co!principal in the crime.
In homicide, relationship aggravates the liability of the
relative, who is a co!principal, but not of the other principals who
are not related to the victim. <ack of instruction is mitigating as to
the principal, who is actually illiterate, but not with respect to the
other principals who have educational attainment.
Dowever, in adultery, the privileged mitigating circumstance
of abandonment would bene%t both ofenders, even if it was only
the ofending wife who was abandoned.- Pp vs& #velino (
4ar A+ the circumstances wJc consist of the ff shall serve to aggravate and
mitigate the liability only of those who had #nowledge of them at the time
of the commission of the offense
a5 material execution of the act
b5 means emplo"ed to accomplish the crime
:roi"ard says that the circumstances attending the
commission of a crime either relate to the persons participating in
the same or to its material e-ecution, or to the means employed.
The former do not afect all the participants in the crime, but only to
those whom, they particularly apply* the latter have direct bearing
upon the criminal liability of all defendants who had knowledge
1/3
1/4
thereof at the time of the commission of the crime, or of their
cooperation therein.
'-ample" 0 and 4 killed &. In the eecution of the act of
killing, 0 disguised himself in peace o9cer which was not made
known to 4. The aggravating circumstance of disguising as a peace
o9cer shall be appreciated only against 0, who employed the same
in the killing of &. It is only logical that 0 should be made to sufer a
more serious penalty, as the idea is to afect only those who have
knowledge of it at the time of the eecution of the act.
In the crime of murder, 0 hired 4 to kill &, to prevent the latter
from being a candidate for mayor in the @ay )), )AAB elections. In
the actual killing of &, deliberately augmented the sufering of &
chopping him into pieces and scattering his remains in several
places. The aggravating circumstances of cruelty and outraging or
sco9ng at the person or corpse of & should be appreciated only
against 4.
'-ample" 0, 4 and & agreed to kill I so armed with guns,
they proceeded to the house of the latter whereupon 0 told 4 and &
that he would stay in the yard to prevent any relative of I from
helping the victim. #hen 4 and & entered the room of I, and saw
him sleeping, it was & who shot him. The treachery that attended
the commission of the crime shall also afect 4 and not only & who
treacherously killed I in his sleep because 4 had knowledge of the
treacherous act being present actually during the shooting. 0=s
liability is not aggravated by treachery as he had no knowledge of it,
being in the yard.
Cases where the attending aggravating or mitigating circumstances
are not considered in the imposition of penalties.
!enalt" that is single and indivisible
7elonies through negligence
!enalt" is a fine
!enalt" is prescribed b" a special law
4ar 8+ 5abitual 3elin.uent is a person who within the period of &? years
from the date of his %last' release or last conviction of the crimes of6
a5 serious or less serious ph"sical in&uries
b5 robber"
c5 theft
d5 estafa
e5 falsification
is found guilty of any of the said crimes a third time or oftener.
1/4
1/8
#en "ear period to be computed from the time of last release or conviction
3ubse2uent crime must be committed after conviction of the former crime.
%ases still pending are not to be taken into consideration.
5ABIT:A? 3E?I/H:E/CC *ECI3I0I1'
%rimes to be committed are specified 3ame title
'? in 1; "ears )o time fixed b" law
Must be found guilt" 3
rd
time or oftener 3econd conviction
Additional penalt" is imposed (s not offset b" M%, increases penalt" to
maximum
Dabitual delin/uency is not a crime. It is a circumstance that
will authori"e the court to add an additional penalty for the present
crime committed. It is only a factor in determining the total penalty
to be imposed upon the ofender.
Dabitual delin/uency imposes an additional penalty, however,
if the same is imposed after the court has ac/uired jurisdiction over
the crime, and the total penalty would eceed the jurisdictional limit
of the court, such situation will not divest the court of its jurisdiction
over the crime. (Pp vs& ,lanco, F9 Phil& (:9)
In order that habitual delin/uency may be appreciated against
the accused, it must be alleged and detailed in the information or
complaint. The dates of the commission of the previous crimes* the
last conviction of release must be contained or written in the
information.
2nder 0rticle ++, when one is a habitual delin/uent and he
commits felony or ofense, any future punitive law that may favor
him in relation to the punishment imposed on him, will not be given
a retroactive efect insofar as said ofender is concerned.
De is not also entitled to the application of the Indeterminate
;entence <aw.
'-ample"
&.I@'; &O@@ITT'F F0T' O5 &OKLI&TIOK F0T' O5 .'<'0;'
;erious $hysical
Injury
Manuary, )A67 Manuary, )AH,
Theft 5ebruary, )A6B 5ebruary, )AHC
.obbery @arch, )AB7
In the eample mentioned above, as regards the conviction for
theft in 5ebruary, )A6B the starting point for the computation of the
ten!year period is the date of conviction for serious physical injuries
1/8
1//
in Manuary, )A67 because that is the last conviction with respect to
the second conviction for theft in 5ebruary, )A6B. The date of
release is not considered anymore because the conviction for theft
took place within ten years from the last conviction for serious
physical injuries. #e ignore the date of release because it came
after the conviction.
#ith respect to the third conviction for robbery in @arch
)AB7, the ten!year period is to be computed not from the date of
last conviction for theft in 5ebruary, )A6B because that would be
beyond the period provided by law, but from the date of release of
the accused in 5ebruary, )AHC, as the law provides for the
computation of the ten!year period in the alternative, either from
the last conviction or release. 0pparently, in the eample given, the
last or third conviction is more than ten years from )A6B, but within
ten years from release. The period of ten years is therefore satis%ed.
The ofender in the eample given is a habitual delin/uent.
Rulings on 1a!itual -elin$uenc":
a5 the law on habitual delin2uenc" does not contemplate the exclusion
from the computation of prior conviction those falling outside the 1; "r
period immediatel" preceding the crime for w?c the defendant is being
tried
b5 ten "r period is counted not from the date of commission of the
subse2uent offense but to the date of conviction thereof in relation to
the date of his last release or last conviction
c5 when an offender has committed several crimes mentioned in the
definition of habitual delin2uent, without being first convicted of an" of
them before committing the others, he is not a habitual delin2uent
d5 convictions on the same da" or at about the same time are considered
as one onl" 4da"s, weeks..5
e5 crimes committed on the same date, although convictions on different
dates are considered as one
f5 previous convictions are considered ever" time a new offense is
committed
g5 commissions of those crimes need not be consummated
h5 habitual delin2uenc" applies to accomplice and accessories as long it
is in the crimes specified
i5 a crime committed in the minorit" of the offender is not counted
1//
1/.
&5 imposition of additional penalt" is mandator" and constitutional
k5 modif"ing circumstances applicable to additional penalt"
l5 habitual delin2uenc" is not a crime, it is simpl" a fact or circumstance
which if present gives rise to the imposition of additional penalt"
m5 penalt" for habitual delin2uenc" is a real penalt" that determines
&urisdiction
n5 in imposing the additional penalt", recidivism is not aggravating. #he
additional penalt" must be imposed in its minimum
o5 an offender can be a habitual delin2uent w?o being a recidivist
/otes+
In no case shall be the total penalties imposed upon the offender exceed
D? years
#he law does not appl" to crimes described in Art. 1884alarms and
scandals5
#he imposition of the additional penalties on habitual delin2uents are
constitutional, it is simpl" a punishment on future crimes on account of the
criminal propensities of the accused.
Habitual delin(uency applies at any stage of the execution because
sub&ectivel", the offender reveals the same degree of depravit" or
perversit" as the one who commits a consummated crime.
Habitual delin(uency applies to all participants because it reveals
persistence in them of the inclination to wrongdoing and of the perversit"
of character that led them to commit the previous crime.
#ote" There is no habitual delin/uency in ofenses punished
by special laws. &ourts cannot also take judicial notice of the
previous convictions of the accused. 5acts of previous convictions
must be established during the trial of the accused.
Art. A6. !ules for the application of indivisible penalties. K )n all cases in
which the law prescri!es a single indivisible penalty. it shall !e applie#
!" the courts regar#less of an" mitigating or aggravating circumstances
that ma" have atten#e# the commission of the #ee#.
)n all cases in which the law prescri!es a penalt" compose# of two
indivisible penalties. the following rules shall !e o!serve# in the
application thereof:
1/.
1/@
2. ,hen in the commission of the #ee# there is present onl" one
aggravating circumstance. the greater penalt" shall !e applie#.
7. ,hen there are neither mitigating nor aggravating circumstances
in the commission of the #ee#. the lesser penalt" shall !e applie#.
6. ,hen the commission of the act is atten#e# !" some mitigating
circumstances an# there is no aggravating circumstance. the lesser
penalt" shall !e applie#.
<. ,hen !oth mitigating an# aggravating circumstances atten#e#
the commission of the act. the court shall reasona!l" allow them to
offset one another in consi#eration of their num!er an# importance. for
the purpose of appl"ing the penalt" in accor#ance with the prece#ing
rules. accor#ing to the result of such compensation.
Art /3 applies onl" when the penalt" prescribed b" the %ode is either one
indivisible penalt" or 2 indivisible penalties
0rticle 6, must be understood to mean and to refer only to ordinary
mitigating circumstances. It does not refer to privileged mitigating
circumstances.
General rule+ 'hen the penalt" is composed of ) indivisible penalties, the
penalty cannot be lowered by one degree no matter how many mitigating
circumstances are present
Exception+ in cases of privileged mitigating circumstances
4ar.A+ the moral value rather than the numerical weight shall be taken into
account
Rules for the application of in#ivisi!le penalties
Penalty is single and indivisible applied regardless of the presence of
aggravating and mitigating circumstances
Penalty composed of two indivisible penalties
1. >ne aggravating circumstance present higher penalt"
2. >ne mitigating circumstance present lower penalt"
3. ,ome mitigating circumstances present and no aggravating lower
penalt"
4. +itigating and ggravating *ircumstance are present basis in
number and importance
Art. A<. !ules for the application of penalties which contain three periods& K
)n cases in which the penalties prescri!e# !" law contain three perio#s.
1/@
1/:
whether it !e a single #ivisi!le penalt" or compose# of three #ifferent
penalties. each one of which forms a perio# in accor#ance with the
provisions of Articles EA an# EE. the court shall o!serve for the
application of the penalt" the following rules. accor#ing to whether there
are or are not mitigating or aggravating circumstances:
2. ,hen there are neither aggravating nor mitigating circumstances.
the" shall impose the penalt" prescri!e# !" law in its me#ium perio#.
7. ,hen onl" a mitigating circumstance is present in the
commission of the act. the" shall impose the penalt" in its minimum
perio#.
6. ,hen an aggravating circumstance is present in the commission
of the act. the" shall impose the penalt" in its ma%imum perio#.
<. ,hen !oth mitigating an# aggravating circumstances are present.
the court shall reasona!l" offset those of one class against the other
accor#ing to their relative weight.
=. ,hen there are two or more mitigating circumstances an# no
aggravating circumstances are present. the court shall impose the
penalt" ne%t lower to that prescri!e# !" law. in the perio# that it ma"
#eem applica!le. accor#ing to the num!er an# nature of such
circumstances.
A. ,hatever ma" !e the num!er an# nature of the aggravating
circumstances. the courts shall not impose a greater penalt" than that
prescri!e# !" law. in its ma%imum perio#.
E. ,ithin the limits of each perio#. the court shall #etermine the
e%tent of the penalt" accor#ing to the num!er an# nature of the
aggravating an# mitigating circumstances an# the greater an# lesser
e%tent of the evil pro#uce# !" the crime.
rt HB applies when the penalty has D periods because the" are divisible.
(f the penalt" is composed of 3 different penalties, each forms a period
according to Art ..
4ar A+ the mitigating circumstances must be ordinar", not privileged. #he
aggravating circumstances must be generic or specific, not 2ualif"ing or
inherent.
0xample6 a 2ualif"ing circumstance 4treacher"5 cannot be offset b" a
generic mitigating circumstance 4voluntar" circumstance5
#he court has discretion to impose the penalt" within the limits fixed b" law
1/:
1.;
rt HB not applicable when the penalt" is indivisible or prescribed b"
special law or a fine
Rules for the application of #ivisi!le penalties
No aggravating and no mitigating circumstances medium period
>ne mitigating circumstance minimum period
>ne aggravating circumstance maximum period
+itigating and aggravating circumstance offset each other and
according to relative weight
) or more mitigating without any aggravating circumstance on degree
lower
If in the commission of the crime, one aggravating
circumstance is present, and four mitigating circumstances are
likewise left, the ofsetting of one aggravating circumstance will not
entitle the accused to a reduction of his penalty by one degree. Nou
will only lower the penalty by one degree if it is divisible and there is
absolutely no aggravating circumstance.
"enalty for murder under the 1evised "enal *ode is reclusion temporal
maximum to death. ,o, the penalty would be reclusion temporal maximum /
reclusion perpetua / death. This penalty made up of three periods.
Art. A=. !ule in cases in which the penalty is not composed of three periods&
K )n cases in which the penalt" prescri!e# !" law is not compose# of
three perio#s. the courts shall appl" the rules containe# in the foregoing
articles. #ivi#ing into three e$ual portions of time inclu#e# in the penalt"
prescri!e#. an# forming one perio# of each of the three portions.
C!'4:TATI!/1+
A. Example+ 4rision 'ayor ,) yrs $ day to $" yrs-
2) su!tract the minimum (#isregar# 2 #a") from the ma%imum
12"rs /"rs Q / "rs
7) #ivi#e the #ifference !" 6
/ "rs ? 3 Q 2 "rs
6) use the minimum (A "rs an# 2 #a") as the minimum of the minimum
perio#. Then a## the 7 "rs (#isregar#ing the 2 #a") to the minimum to
get the ma%imum of the minimum
/ "rs 4minimum of the minimum5
R 2 "rs 4difference5
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
@ "rs 4maximum of the minimum5.
#herefore, minimum period of prision mayor- H yrs & day to @ yrs
1.;
1.1
<) use the ma%imum of the minimum perio# as the minimum of the
me#ium perio# an# a## 2 #a" to #istinguish from the minimum
perio#. Then a## 7 "ears to the minimum of the me#ium
(#isregar#ing the 2 #a") to get the ma%imum of the me#ium perio#.
@ "rs 4minimum of the medium5
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
1; "rs 4maximum of the medium5
#herefore, medium period of prision mayor- @ yrs & day to &? yrs
=) use the ma%imum of the me#ium perio# as the minimum of the
ma%imum p#. a## 2 #a" to #istinguish it from the me#ium perio#.
Then a## 7 "rs to the minimum of the ma%imum p# (#isregar#ing the
2 #a") to get the ma%imum of the ma%imum perio#)
1; "rs 4maximum of the medium5
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
12 "rs 4maximum of the maximum5
#herefore, maximum period of prision mayor- &? yrs & day to &) yrs
"omputation above applicable to all others except arresto mayor
B. Example+ 4rision 'ayor minimum ,) yrs $ day to # yrs- only
2) 'u!tract minimum from the ma%imum
@"rs /"rs Q 2 "rs
7) -ivi#e the #ifference !" 6
2"rs ? 3 Q @ months
6) /se the minimum of the given e%ample as the minimum perio#. Then
to get to get the ma%imum of the minimum. a## the F months
/ "rs R @ months Q / "rs and @ months
#herefore, minimum of prision mayor minimum- H yrs & day to H yrs @ months
<) /se the ma%imum of the minimum as the minimum of the me#ium
perio#. A## 2 #a" to #istinguish it from the ma%imum of the
minimum. A## the F months an# this !ecomes the ma%imum of the
me#ium
/ "rs @ months R @ months Q . "rs 4 months
#herefore, the medium period of prision mayor minimum- H yrs @ mos & day to
C yrs B mos
=) /se the ma%imum of the me#ium as the minimum perio# of the
ma%imum perio# an# a## 2 #a" to #istinguish. A## the F months to
get the ma%imum of this ma%imum
. "rs 4 mos R @ mos Q @ "rs
#herefore, maximum of prision mayor- C yrs B mos & day to @ yrs
Act +o. <G26 ()+-TR&)+AT '+T+C LA,). as amen#e#
Three things to 2now about the Indeterminate 1entence ?aw+
1.1
1.2
415 (ts purpose1
425 (nstances when it does not appl"1 and
435 0ow it operates
Indeterminate ,entence 9aw governs whether the crime is punishable under
the 1evised "enal *ode or a special 9aw. (t is not limited to violations of the
-evised !enal %ode.

It applies only when the penalty served is imprisonment. (f not b"
imprisonment, then it does not appl".
Purpose
#he purpose of the (ndeterminate 3entence law is to avoid prolonged
imprisonment, because it is proven to be more destructive than constructive to
the offender. 3o, the purpose of the (ndeterminate 3entence >aw in
shortening the possible detention of the convict in &ail is to save valuable
human resources. (n other words, if the valuable human resources were
allowed prolonged confinement in &ail, the" would deteriorate. !urpose is to
preserve economic usefulness for these people for having committed a crime
$$ to reform them rather than to deteriorate them and, at the same time, saving
the government expenses of maintaining the convicts on a prolonged
confinement in &ail.
(f the crime is a violation of the -evised !enal %ode, the court will impose a
sentence that has a minimum and maximum. The maximum of the
indeterminate sentence will be arrived at by ta#ing into account the
attendant mitigating andJor aggravating circumstances according to rticle HB
of the 1evised "enal *ode. In arriving at the minimum of the indeterminate
sentence, the court will ta#e into account the penalty prescribed for the crime
and go one degree lower. 'ithin the range of one degree lower, the court will
fix the minimum for the indeterminate sentence, and within the range of the
penalt" arrived at as the maximum in the indeterminate sentence, the court
will fix the maximum of the sentence. If there is a privilege mitigating
circumstance which has been ta#en in consideration in fixing the maximum
of the indeterminate sentence, the minimum shall be based on the penalty as
reduced by the privilege mitigating circumstance within the range of the
penalty next lower in degree.
(f the crime is a violation of a special law, in fixing the maximum of the
indeterminate sentence, the court will impose the penalty within the range of
the penalty prescribed by the special law, as long as it will not exceed the limit
of the penalty. In fixing the minimum, the court can fix a penalty anywhere
within the range of penalty prescribed by the special law, as long as it will not
be less than the minimum limit of the penalty under said law. Bo mitigating
and aggravating circumstances are ta%en into account&
1.2
1.3
The minimum and the maximum referred to in the Indeterminate ,entence
9aw are not periods. 3o, do not say maximum or minimum period. 7or
the purposes of the indeterminate 3entence >aw, use the term minimum to
refer to the duration of the sentence which the convict shall serve as a
minimum, and when we sa" maximum, for purposes of (3>A', we refer to
the maximum limit of the duration that the convict ma" be held in &ail. 'e are
not referring to an" period of the penalt" as enumerated in Article .1.
%ourts are re2uired to fix a minimum and a maximum of the sentence that
the" are to impose upon an offender when found guilt" of the crime charged.
3o, whenever the (ndeterminate 3entence >aw is applicable, there is alwa"s a
minimum and maximum of the sentence that the convict shall serve. If the
crime is punished by the 1evised "enal *ode, the law provides that the
maximum shall be arrived at b" considering the mitigating and aggravating
circumstances in the commission of the crime according to the proper rules of
the -evised !enal %ode. #o fix the maximum, consider the mitigating and
aggravating circumstances according to the rules found in Article /4. This
means /
415 !enalties prescribed b" the law for the crime committed shall be
imposed in the medium period if no mitigating or aggravating
circumstance1
425 (f there is aggravating circumstance, no mitigating, penalt" shall be
imposed in the maximum1
435 (f there is mitigating circumstance, no aggravating, penalt" shall be in
the minimum1
445 (f there are several mitigating and aggravating circumstances, the"
shall offset against each other. 'hatever remains, appl" the rules.
485 (f there are two or more mitigating circumstance and no aggravating
circumstance, penalt" next lower in degree shall be the one imposed.
!ule under #rt 9J shall apply in determining the maximum but not in determining
the minimum.
In determining the applicable penalty according to the Indeterminate
,entence 9aw, there is no need to mention the number of "ears, months and
da"s1 it is enough that the name of the penalt" is mentioned while the
(ndeterminate 3entence >aw is applied. To fix the minimum and the
maximum of the sentence, penalt" under the -evised !enal %ode is not the
penalt" to be imposed b" court because the court must appl" the
(ndeterminate 3entence >aw. The attendant mitigating andJor aggravating
circumstances in the commission of the crime are ta#en into consideration
only when the maximum of the penalty is to be fixed. $ut in so far as the
minimum is concerned, the basis of the penalty prescribed by the 1evised
"enal *ode, and go one degree lower than that. =ut penalt" one degree
lower shall be applied in the same manner that the maximum is also fixed
1.3
1.4
based onl" on ordinar" mitigating circumstances. #his is true onl" if the
mitigating circumstance taken into account is onl" an ordinar" mitigating
circumstance. If the mitigating circumstance is privileged, you cannot follow
the law in so far as fixing the minimum of the indeterminate sentence is
concerned- otherwise, it may happen that the maximum of the indeterminate
sentence is lower than its minimum.
(n one 3upreme %ourt ruling, it was held that for purposes of appl"ing the
(ndeterminate 3entence >aw, the penalt" prescribed b" the -evised !enal
%ode and not that which ma" be imposed b" court. #his ruling, however, is
obviousl" erroneous. #his is so because such an interpretation runs contrar"
to the rule of pro reo, which provides that the penal laws should alwa"s be
construed an applied in a manner liberal or lenient to the offender. Therefore,
the rule is, in applying the Indetermiante ,entence 9aw, it is that penalty
arrived at by the court after applying the mitigating and aggravating
circumstances that should be the basis.
%rimes punished under special law carr" onl" one penalt"1 there are no
degree or periods. Moreover, crimes under special law do not consider
mitigating or aggravating circumstance present in the commission of the
crime. 3o in the case of statutor" offense, no mitigating and no
aggravating circumstances will be ta2en into account. Iust the same,
courts are re2uired in imposing the penalt" upon the offender to fix a minimum
that the convict should serve, and to set a maximum as the limit of that
sentence. :nder the law, when the crime is punished under a special law, the
court may fix any penalty as the maximum without exceeding the penalty
prescribed by special law for the crime committed. In the same manner,
courts are given discretion to fix a minimum anywhere within the range of the
penalty prescribed by special law, as long as it will not be lower than the
penalty prescribed.
3is.ualification may be divided into three according to 7
%&' #he time committed1
%)' #he penalt" imposed1 and
%D' #he offender involved.
The Indeterminate 1entence ?aw shall not apply to+
%&' !ersons convicted of offense punishable with death penalt" or life
imprisonment1
%)' !ersons convicted of treason, conspirac" or proposal to commit
treason1
%D' !ersons convicted of misprision of treason, rebellion, sedition,
espionage1
1.4
1.8
%B' !ersons convicted of pirac"1
%F' !ersons who are habitual delin2uents1
%H' !ersons who shall have escaped from confinement or evaded
sentence1
%C' #hose who have been granted conditional pardon b" the %hief
6xecutive and shall have violated the term thereto1
%@' #hose whose maximum term of imprisonment does not exceed one
"ear4 consider the maximum term not the minimum term5, but not to
those already sentenced by final judgment at the time of the approval
of Indeterminate ,entence 9aw.
%A' Those sentenced to destiero or suspension% this are not punishable by
imprisonment '.
lthough the penalty prescribed for the felony committed is death or reclusion
perpetua, if after considering the attendant circumstances, the imposable
penalty is reclusion temporal or less, the Indeterminate ,entence 9aw applies
%People v& "empron, 'F? +"!# (?F'.
.ecidivists entitled to the availment of the Indeterminate
;entence <aw since those dis/uali%ed are Dabitula delin/uents.
(People vs& enus, 95 Phil& J5>)
#hen the accused escaped from jail while his case was on
appeal, he is not entitled to the bene%ts of the Indeterminate
;entence <aw. (People vs& Aartinado, ('J +"!# ?'()
0 youthful ofender whose sentence is suspended under ;ec.
)A+ of $.F. 67, and who escaped from his con%nement is still
entitled to the application of the Indeterminate ;entence <aw. The
same is true with an accused con%ned in the Kational &enter for
@ental Dealth -formerly Kational @ental Dospital( since their
con%nement cannot be considered punishment but more of
administrative matters for their rehabilitation. (People vs& +oler, 95 Phil&
F9F)
0 person sentenced to destierro who entered the prohibited
area within the prohibited period has evaded the service of his
sentence (People vs& #bilog, F( Phil& '?J) and when he committed a
crime in that area, he will not be entitled to the bene%ts of the
Indeterminate ;entence <aw for the new crime.
O I;< should not be applied when it is unfavorable to the accused.
O I;< does not apply to non!divisible penalties.
1.8
1./
1eason for the +/L ma- and min" so that the prisoner could be
released on parole after serving the minimum sentence and could
be rearrested to serve the maimum.
Illustrations:
5. #o mitigating6 aggravating6 or the circumstances (ere
o)set
'ample1 crime is punishable by reclusion temporal #homicide%
I+L max 8 .T medium
I+L min 8 $@ any period -discretion of the judge(
7. %ne mitigating
I+L max 8 .T minimum
I+L min 8 $@ any period -discretion of the judge(
,,, The mitigating circumstance shall be considered only in the
imposition of the maimum term of the sentence
8. %ne aggravating
I+L max 8 .T maimum
I+L min 8 $@, any period
9. &(o mitigating6 one aggravating
I+L max 8 .T minimum because after ofsetting one mitigating
and one aggravating, only one mitigating will be left.
:. Comple- crime
'ample1 homicide with assault
Domicide 8 .T
0ssault 8 $&
,,, .emember that comple crimes are punishable by the more
severe penalty of the two crimes to imposed in its ma period.
Therefore,
I+L max 8 .T ma
'ample1 frustrated homicide with assault -being frustrated, one
degree lower(
I+L max 8 $@ ma
I+L min ! $&, any period
6. 0rt. +B+ says that the crime of grave threats is punishable
by a penalty lower by two degrees than that prescribed by law
for the crime threatened.
1./
1..
'ample1 0 threatened to kill 4. Domicide is punishable by .T.
;ince 0 is liable only for threats of homicide, he shall be punished
by prision correctional. If there is an aggravating circumstance
-relationship of 0 to 4, for eample( then the maimum period
shall attach to the penalty -$&( only after lowering by + degrees.
I+L max 8 $& ma -with aggravating(
IL+ min 8 0@ any period
;. Comple- crime (ith t(o mitigating6 no aggravating
5or purposes of I;<, the penalty net lower should be determined
without due regard as to whether the basic penalty provided by
the &ode should be applied in its ma or min period as
circumstances modifying liability may re/uire. Dowever -as an
eemption(, whether the number of the mitigating is such as to
entitle the accused to the penalty net lower in degree, this
penalty in the I;< should be starting point for the determination
of the net lower in degree -I;< min(. 5or instance, if the more
serious ofense in the comple crime is punishable by prision
mayor, the whole of prision mayor should be considered for the
purposes of determining the penalty net lower in degree 8 KOT
prision mayor ma which is the usual rule.
;o now, we lower it by one degree because of the two mitigating
8 the I+L max will be $& ma -ma because it=s a comple
crime(. I+L min will be 0@ any period.
<. 2 privileged mitigating and an ordinary mitigating
#hen there is a privileged mitigating -minority or incomplete
self!defense( and an ordinary mitigating -plea of guilty or
voluntary surrender(, the rule is1 3ower +rst the penalty
prescribed by the Code by one degree -because of the privileged
mitigating(. This will be the ma of the I;< and the penalty net
lower will be the minimum of the I;<.
4-ample: 0, a minor, pleaded guilty to murder. @urder is
punishable by .T ma to death.
555 There being a privileged mitigating circumstance of
minority, the penalty should be one degree lower.
OOO There is also an ordinary mitigating circumstance -plea of
guilty(, so the lowered penalty will be imposed in its minimum
period which is $@ ma

I;< ma 8 $@ ma
I;< min 8 any period between $& ma to $@ med
1..
1.@

=. &(o privileged mitigating and ordinary mitigating
circumstance
4-ample: 0, a minor, killed 4 in self!defense but 0 did not employ
reasonable means. 0 surrendered to the authorities. The penalty
of homicide is .T.
I+L max 8 $& min
There are ' privileged mitigating namely minority and
incomplete self-defense so 6T should be lowered by ' degrees
#2C%. It should li,ewise be imposed in the minimum because of
the ordinary mitigating of voluntary surrender.
I+L min 8 0@ any period
5>. +ncomplete defense6 no mitigating6 no
aggravating
To determine the I+L max
2nlawful aggression only ! ordinary mitigating
2nlawful aggression plus one other re/uisite 8 ) degree lower
I+L min 8 penalty net lower to the above
55. +ncomplete self0defense6 plus 7 ordinary
mitigating6 no aggravating
'ample1 0 killed 4 in self!defense. 4ut means used was not
reasonable. Dowever, there were + ordinary mitigating1 0 acted
with obfuscation and he surrendered
The penalty for homicide is .T, .T should be lowered by ) degree
for incomplete self!defense -unlawful aggression and no
provocation from 0(, making it prision mayor. This should be
further reduced by one degree because of + ordinary mitigating
without any aggravating, making it $&.
I+L max 8 $& med
I+L min 8 0@ any period
57. ?urder (ith 7 or more mitigating6 no aggravating
&ode punishes murder with 6T ma- to death. If for instance,
there was voluntary surrender and plea of guilty, the penalty
should be lowered by one degree, there being + mitigating. One
degree lower to F@ ma to .T medium -refer to scale in Ko.B(.
1.@
1.:
This should be subdivided into , periods. The I;< ma would be
then the medium period of $@ ma to .T med which is )+ yrs, C
mos, )) days to )3 yrs, )7 mos, +7 days. The I;< min would be
anywhere within $& ma to $@ medium -refer to scale(
58. 1obbery in uninhabited house
This crime is punishable by .T. If the ofender is not armed and
the stolen thing is less than +C7 pesos, it should be lowered by
one degree which is $@ in its minimum period. The penalty is to
be imposed in the medium period, there no aggravating nor
mitigating. The I;< ma should then be to the $@ min.
If under special law
' no modifying circumstance is taken into account unless
specially provided for by the law
' the basis of the application of the I;< is the >penalty actually
imposed? and not that imposable by law
Presi#ential -ecree +o. 5AF (PR0(AT)0+ LA,)
4robation is a manner of disposing of an accused who have been convicted
by a trial court by placing him under supervision of a probation officer, under
such terms and conditions that the court may fix. #his ma" be availed of
before the convict begins serving sentence b" final &udgment and provided
that he did not appeal an"more from conviction.
he )$ are dis-uali.ed:
). those sentenced to a ma of term of imprisonment of more
than 6 years
+. those convicted of subversion or any crime against national
security or public order
,. those who were previously convicted by %nal judgment of an
ofense punished by imprisonment of not less than ) month
and ) day andPor %ne of not more than +77
3. those who have been once on probation
C. those already serving sentence
'ithout regard to the nature of the crime, only those whose penalty does not
exceed six years of imprisonment are those (ualified for probation. (f the
penalt" is six "ears plus one da", he is no longer 2ualified for probation.
If the offender was convicted of several offenses which were tried jointly and
one decision was rendered where multiple sentences imposed several prison
1.:
1@;
terms as penalty, the basis for determining whether the penalty dis(ualifies
the offender from probation or not is the term of the individual imprisonment
and not the totality of all the prison terms imposed in the decision. 3o even if
the prison term would sum up to more than six "ears, if none of the individual
penalties exceeds six "ears, the offender is not dis2ualified b" such penalt"
from appl"ing for probation.
<n the other hand, without regard to the penalt", those who are convicted of
subversion or any crime against the public order are not (ualified for
probation. 3o know the crimes under #itle (((, =ook 2 of the -evised !enal
%ode. Among these crimes is larms and ,candals, the penalt" of which is
onl" arresto menor or a fine. :nder the amendment to the "robation 9aw,
those convicted of a crime against public order regardless of the penalty are
not (ualified for probation.
+ay a recidivist be given the benefit of "robation 9aw;
s a general rule, N>
0xception6 If the earlier conviction refers to a crime the penalty of which does
not exceed D? days imprisonment or a fine of not more than ")??.?? %rresto
+enor', such convict is not dis(ualified of the benefit of probation. 3o even if
he would be convicted subse2uentl" of a crime embraced in the same title of
the -evised !enal %ode as that of the earlier conviction, he is not dis2ualified
from probation provided that the penalt" of the current crime committed does
not go be"ond six "ears and the nature of the crime committed b" him is not
against public order, national securit" or subversion.
Although a person ma" be eligible for probation, the moment he perfects an
appeal from the judgment of conviction, he cannot avail of probation anymore.
3o the benefit of probation must be invoked at the earliest instance after
conviction. 0e should not wait up to the time when he interposes an appeal
or the sentence has become final and executor". #he idea is that probation
has to be invoked at the earliest opportunit".
n application for probation is exclusively within the jurisdiction of the trial
court that renders the judgment. 7or the offender to appl" in such court, he
should not appeal such judgment.
>nce he appeals, regardless of the purpose of the appeal, he will be
dis2ualified from appl"ing for !robation, even though he ma" thereafter
withdraw his appeal.
If the offender would appeal the conviction of the trial court and the appellate
court reduced the penalty to say, less than six years, that convict can still file
an application for probation, because the earliest opportunity for him to avail
of probation came only after judgment by the appellate court.
.hether a convict who is otherwise (ualified for probation may be given the
benefit of probation or not, the courts are always re(uired to conduct a
hearing. (f the court denied the application for probation without the benefit of
1@;
1@1
the hearing, where as the applicant is not dis2ualified under the provision of
the !robation >aw, but onl" based on the report of the probation officer, the
denial is correctible b" certiorari, because it is an act of the court in excess of
&urisdiction or without &urisdiction, the order den"ing the application therefore
is null and void.
"robation is intended to promote the correction and rehabilitation of an
offender b" providing him with individuali+ed treatment1 to provide an
opportunit" for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence1 to prevent the commission of
offenses1 to decongest our &ails1 and to save the government much needed
finance for maintaining convicts in &ail
"robation is only a privilege. 3o even if the offender ma" not be dis2ualified
of probation, "et the court believes that because of the crime committed it was
not advisable to give probation because it would depreciate the effect of the
crime, the court ma" refuse or den" an application for probation.
7enerally, the courts do not grant an application for probation for violation of
the 8angerous 8rugs 9aw, because of the prevalence of the crime. 3o it is
not along the purpose of probation to grant the convict the benefit thereof, &ust
the individual rehabilitation of the offender but also the best interest of the
societ" and the communit" where the convict would be sta"ing, if he would be
released on probation. #o allow him loose ma" bring about a lack of respect
of the members of the communit" to the enforcement of penal law. (n such a
case, the court even if the crime is probationable ma" still den" the benefit of
probation.
*onsider not only the probationable crime, but also the probationable penalty.
(f it were the non$probationable crime, then regardless of the penalt", the
convict cannot avail of probation. 7enerally, the penalty which is not
probationable is any penalty exceeding six years of imprisonment.
!ffenses which are not probationable are those against natural security,
those against public order and those with reference to subversion.
"ersons who have been granted of the benefit of probation cannot avail
thereof for the second time. !robation is onl" available once and this ma" be
availed onl" where the convict starts serving sentence and provided he has
not perfected an appeal. (f the convict perfected an appeal, he forfeits his
right to appl" for probation. s far as offenders who are under preventive
imprisonment, that because a crime committed is not bailable or the crime
committed, although bailable, the" cannot afford to put up a bail, upon
promulgation of the sentence, naturall" he goes back to detention, that does
not mean that the" alread" start serving the sentence even after promulgation
of the sentence, sentence will onl" become final and executor" after the lapse
of the 18$da" period, unless the convict has waived expressl" his right to
appeal or otherwise, he has partl" started serving sentence and in that case,
the penalt" will alread" be final and exeuctor", no right to probation can be
applied for.
1@1
1@2
4robation shall be denied if the court finds+
415 #hat the offender is in need of correctional treatment that can be
provided most effectivel" b" his commitment to an institution1
425 #hat there is undue risk that during the period of probation the offender
will commit another crime1 or
435 !robation will depreciate the seriousness of the crime.
The probation law imposes two 2inds of conditions+
415 Mandator" conditions1 and
425 9iscretionar" conditions.
'andatory conditions+
415 #he convict must report to the !robation <fficer 4!<5 designated in the
court order approving his application for !robation within .2 hours from
receipt of )otice of such order approving his application1 and
425 #he convict, as a probationer, must report to the !< at least once a
month during the period of probation unless sooner re2uired b" the !<.
These conditions being mandatory, the moment any of these is violate, the
probation is cancelled.
3iscretionary conditions+
The trial court which approved the application for probation may impose any
condition which may be constructive to the correction of the offender,
provided the same would not violate the constitutional rights of the offender
and subject to this two restrictions6 %&' the conditions imposed should not be
unduly restrictive of the probationer- and %)' such condition should not be
incompatible with the freedom of conscience of the probationer
Procedure of Probation:
). trial court gives a sentence -one that /uali%es you to apply for
probation(
+. within the period for %ling an appeal, must apply for probation
in the trial court. If already %led an appeal. 0s long as records
haven=t reached appellate courts, must withdraw to apply for
probation. 0pplying for probation means waiver of .T to
appeal.
,. upon application, trial court to suspend eecution of sentence.
4ut does not mean already on probation
1@2
1@3
3. judge to order probation o9cer to investigate case-whether
/uali%ed, character antecedents, environment, mental and
physical condition and available institutional and community
resources( O9cer to submit report not later than 67 days.
&ourt to give decision not later than )C days after receipt of
report. $ending investigation, may be released under bail. Ko
bail %led, can be released on the custody of a responsible
member of the community.
C. the judge may grant the application or not
7ranted 8 released subject to certain conditions1 Two important
re/uirements1 -)( present self to probation o9cer within H+ hours
from receipt of order -+( you will report to said o9cer at least once a
month at such time and place as speci%ed by the o9cer.
Other conditions are special and discretionary and are provided in
;ec. )7 of the $robation <aw.
Once granted, accessory penalties are deemed suspended.
8enied 8 reasons of the court may be1
). that you need correctional treatment
+. there is undue risk that you will commit another crime
,. probation may depreciate the seriousness of the ofense
6. an order granting or denying probation is KOT appealable
9. probation will last according to the 1:
a. if sentence is not more than ) year, probation shall not
eceed + years
b. if sentence is more than ) year, probation shall not
eceed 6 years
c. if sentence is %ne with subsidiary imprisonment,
probation shall be twice the days of subsidiary
B. $robationer may be arrested at anytime during probation if
there was a serious violation of the conditions. If revoked,
must serve the sentence originally imposed. &ourt=s order not
appealable.
A. $robation ends after the court, basing on the probation=s
o9cer=s report, orders %nal discharge. 0ll civil rights will be
restored. $ay %ne for the original crime.
,,, 'piration of the probation period does not automatically
terminate probation. @ust have court order.
1@3
1@4
Art. AA. Imposition of fines& K )n imposing fines the courts ma" fi%
an" amount within the limits esta!lishe# !" law; in fi%ing the amount in
each case attention shall !e given. not onl" to the mitigating an#
aggravating circumstances. !ut more particularl" to the wealth or means
of the culprit.
Court must consider the following in imposing the fine+
a5 mitigating and aggravating circumstances
b5 the wealth and means of the culprit
'hen the minimum of the fine is not fixed, the court shall have the
discretion provided it does not exceed the amount authori+ed b" law
it is not only the mitigating andJor aggravating circumstances that the court
shall ta#e into consideration, but primarily, the financial capability of the
offender to pay the fine.
If the %ne imposed by the law appears to be ecessive, the
remedy is to ask the &ongress to amend the law by reducing the
%ne to a reasonable amount.
Art. AE. Penalty to be imposed when not all the requisites of exemption of the
fourth circumstance of #rticle '( are present.K ,hen all the con#itions
re$uire# in circumstances +um!er < of Article 27 of this Co#e to e%empt
from criminal lia!ilit" are not present. the penalt" of arresto ma"or in its
ma%imum perio# to prision correccional in its minimum perio# shall !e
impose# upon the culprit if he shall have !een guilt" of a grave felon".
an# arresto ma"or in its minimum an# me#ium perio#s. if of a less grave
felon".
Re$uisites of Art 27 par <(Acci#ent)
a5 act causing the in&ur" must be lawful
b5 act performed w? due care
c5 in&ur" was caused b" mere accident
d5 no fault or intention to cause in&ur"
if these conditions are not all present then the ff penalties shall be
imposed+
a5 grave felony arresto ma"or max to prision correccional min
b5 less grave felony arresto ma"or min to arresto ma"or med
Art. AF. Penalty to be imposed upon a person under eighteen years of age& K
,hen the offen#er is a minor un#er eighteen "ears an# his case is one
1@4
1@8
coming un#er the provisions of the paragraphs ne%t to the last of Article
FG of this Co#e. the following rules shall !e o!serve#:
2. /pon a person un#er fifteen !ut over nine "ears of age. who is not
e%empte# from lia!ilit" !" reason of the court having #eclare# that he
acte# with #iscernment. a #iscretionar" penalt" shall !e impose#. !ut
alwa"s lower !" two #egrees at least than that prescri!e# !" law for the
crime which he committe#.
7. /pon a person over fifteen an# un#er eighteen "ears of age the
penalt" ne%t lower than that prescri!e# !" law shall !e impose#. !ut
alwa"s in the proper perio#.
/otes+
Art. /@ applies to such minor if his application for suspension of sentence
is disapproved or if while in the reformator" institution he becomes
incorrigible in which case he shall be returned to the court for the
imposition of the proper penalt".
Art. )# provides for " privileged mitigating circumstances
under &F but over A and has acted wJ discerment* 2 degrees lower
under &@ but over &F* 1 degree lower
If the act is attended by two or more mitigating circumstance and no
aggravating circumstance, the penalt" being divisible a minor over 18 but
under 1@ ma" still get a penalt" two degrees lower.
Art. A5. Penalty to be imposed when the crime committed is not wholly
excusable& K A penalt" lower !" one or two #egrees than that prescri!e#
!" law shall !e impose# if the #ee# is not wholl" e%cusa!le !" reason of
the lac3 of some of the con#itions re$uire# to :ustif" the same or to
e%empt from criminal lia!ilit" in the several cases mentione# in Article
22 an# 27. provi#e# that the ma:orit" of such con#itions !e present. The
courts shall impose the penalt" in the perio# which ma" !e #eeme#
proper. in view of the num!er an# nature of the con#itions of e%emption
present or lac3ing.
Penalt" to !e impose# when the crime committe# is not wholl"
e%cusa!le
& or ) degrees lower if the majority of the conditions for justification or
exemption in the cases provided in rts. && and &) are present.
Art. EG. +uccessive service of sentence. K ,hen the culprit has to serve
two or more penalties. he shall serve them simultaneousl" if the nature
1@8
1@/
of the penalties will so permit otherwise. the following rules shall !e
o!serve#:
)n the imposition of the penalties. the or#er of their respective severit"
shall !e followe# so that the" ma" !e e%ecute# successivel" or as
nearl" as ma" !e possi!le. shoul# a par#on have !een grante# as to the
penalt" or penalties first impose#. or shoul# the" have !een serve# out.
>or the purpose of appl"ing the provisions of the ne%t prece#ing
paragraph the respective severit" of the penalties shall !e #etermine# in
accor#ance with the following scale:
2. -eath.
7. Reclusion perpetua.
6. Reclusion temporal.
<. Prision ma"or.
=. Prision correccional.
A. Arresto ma"or.
E. Arresto menor.
F. -estierro.
5. Perpetual a!solute #is$ualification.
2G Temporal a!solute #is$ualification.
22. 'uspension from pu!lic office. the right to vote an# !e vote# for.
the right to follow a profession or calling. an#
27. Pu!lic censure.
+otwithstan#ing the provisions of the rule ne%t prece#ing. the ma%imum
#uration of the convictLs sentence shall not !e more than three8fol# the
length of time correspon#ing to the most severe of the penalties
impose# upon him. +o other penalt" to which he ma" !e lia!le shall !e
inflicte# after the sum total of those impose# e$uals the same ma%imum
perio#.
'uch ma%imum perio# shall in no case e%cee# fort" "ears.
)n appl"ing the provisions of this rule the #uration of perpetual penalties
( penal perpetua) shall !e compute# at thirt" "ears. (#s amended by
"#N('?)&
0rt. H7 refers to service of sentence. It is therefore addressed
to the jail warden or to the director of prisons. The court or the
judge has no power to implement 0rticle H7 because the provision is
not for the imposition of penalties. If the penalty by their very
nature can be served simultaneously, then it must be so served.
'aximum duration of the convictLs sentence+ D times the most severe
penalty
+ax period shall not exceed B? years
1@/
1@.
1ubsidiary imprisonment this shall be excluded in computing for the
maximum duration
0xample6 Iuan has 1; sentences of / months and 1 da" each and a fine
of 1;;;. 0e was not able to pa" the fine. #herefore, he must serve
subsidiar" penalt" after 1@ months and 3 da"s in &ail.
The Three-9old *ule
Bnder this rule, when a convict is to serve successive penalties, he will not
actually serve the penalties imposed by law. (nstead, the most severe of the
penalties imposed on him shall be multiplied by three and the period will be
the only term of the penalty to be served by him. 0owever, in no case should
the penalty exceed B? years.
If the sentences would be served simultaneously, the #hree$7old rule does not
govern.
Although this rule is known as the #hree$7old rule, "ou cannot actuall" appl"
this if the convict is to serve onl" three successive penalties. The Three=Fold
1ule can only be applied if the convict is to serve four or more sentences
successively.
#he chronolog" of the penalties as provided in Article .; of the -evised !enal
%ode shall be followed.
It is in the service of the penalty, not in the imposition of the penalty, that the
Three=Fold rule is to be applied. #he three$7old rule will appl" whether the
sentences are the product of one information in one court, whether the
sentences are promulgated in one da" or whether the sentences are
promulgated b" different courts on different da"s. .hat is material is that the
convict shall serve more than three successive sentences.
For purposes of the Three=Fold 1ule, even perpetual penalties are ta#en into
account. 3o not onl" penalties with fixed duration, even penalties without an"
fixed duration or indivisible penalties are taken into account. For purposes of
the Three=Fold rule, indivisible penalties are given e2uivalent of 3; "ears. If
the penalty is perpetual dis(ualification, it will be given and e2uivalent
duration of 3; "ears, so that if he will have to suffer several perpetual
dis2ualification, under the #hree$7old rule, "ou take the most severe and
multipl" it b" three. The Three=Fold rule does not apply to the penalty
prescribed but to the penalty imposed as determined by the court.
Illustration6
!enalties imposed are
<ne prision correcional minimum 2 "ears and 4 months
<ne arresto ma"or $ 1 month and 1 da" to / months
1@.
1@@
<ne prision ma"or $ / "ears and 1 da" to 12 "ears
9o not commit the mistake of appl"ing the #hree$ 7old -ule in this case.
Never apply the Three=Fold rule when there are only three sentences. 6ven if
"ou add the penalties, "ou can never arrive at a sum higher than the product
of the most severe multiplied b" three.
#he common mistake is, if given a situation, whether the #hree$7old -ule
could be applied. (f asked, if "ou were the &udge, what penalt" would "ou
impose, for purposes of imposing the penalt", the court is not at libert" to
appl" the #hree$7old -ule, whatever the sum total of penalt" for each crime
committed, even if it would amount to 1,;;; "ears or more. It is only when
the convict is serving sentence that the prison authorities should determine
how long he should stay in jail.
This rule will apply only if sentences are to be served successively.
Art. E2. 7raduated scales. K )n the case in which the law prescri!e# a
penalt" lower or higher !" one or more #egrees than another given
penalt". the rules prescri!e# in Article A2 shall !e o!serve# in
gra#uating such penalt".
The lower or higher penalt" shall !e ta3en from the gra#uate# scale in
which is comprise# the given penalt".
The courts. in appl"ing such lower or higher penalt". shall o!serve the
following gra#uate# scales:
'CAL +0. 2
2. -eath.
7. Reclusion perpetua.
6. Reclusion temporal.
<. Prision ma"or.
=. Prision correccional.
A. Arresto ma"or.
E. -estierro.
F. Arresto menor.
5. Pu!lic censure.
2G. >ine.
'CAL +0. 7
2. Perpetual a!solute #is$ualification.
7. Temporal a!solute #is$ualification
6. 'uspension from pu!lic office. the right to vote an# !e
vote# for. the right to follow a profession or calling.
<. Pu!lic censure.
=. >ine.
1@@
1@:
Art. E7. Preference in the payment of the civil liabilities. K The civil
lia!ilities of a person foun# guilt" of two or more offenses shall !e
satisfie# !" following the chronological or#er of the #ates of the
:u#gments ren#ere# against him. !eginning with the first in or#er of
time.
the penalties shall be satisfied according to the scale of rt C?
Art. E6. Presumption in regard to the imposition of accessory penalties& K
,henever the courts shall impose a penalt" which. !" provision of law.
carries with it other penalties. accor#ing to the provisions of Articles <G.
<2. <7. <6 an# << of this Co#e. it must !e un#erstoo# that the accessor"
penalties are also impose# upon the convict.
subsidiary penalties are deemed imposed. 0owever, the subsidiary
imprisonment must be expressly stated in the decision.
The rule that the principal penalty imposed carries with it the
accessory penalties does not mean that the accused would serve
subsidiary imprisonment in case he is not able to pay the pecuniary
liabilities imposed in the judgment. ;ubsidiary imprisonment must
be epressly ordered.
Art. E<. Penalty higher than reclusion perpetua in certain cases. K )n cases
in which the law prescri!es a penalt" higher than another given penalt".
without speciall" #esignating the name of the former. if such higher
penalt" shoul# !e that of #eath. the same penalt" an# the accessor"
penalties of Article <G. shall !e consi#ere# as the ne%t higher penalt".
if the decision or law sa"s higher than -! or 2 degrees than -#, then the
penalt" imposed is -! or -# as the case ma" be. 3eath must be
designated by name. However, for the other penalties, this does not
appl".
0xample* the penalt" for crime F is 2 degrees lower than -!. #he penalt"
imposed is prision ma"or.
Art. E=. Increasing or reducing the penalty of fine by one or more degrees& K
,henever it ma" !e necessar" to increase or re#uce the penalt" of fine
!" one or more #egrees. it shall !e increase# or re#uce#. respectivel".
for each #egree. !" one8fourth of the ma%imum amount prescri!e# !"
law. without however. changing the minimum.
The same rules shall !e o!serve# with regar# of fines that #o not
consist of a fi%e# amount. !ut are ma#e proportional.
To get the lower degree+
1@:
1:;
+ax6 reduce b" one$fourth
+in6 the same
'ith respect to the penalt" of fine, if the fine has to be lowered b" degree
either because the felon" committed is onl" attempted or frustrated or
because there is an accomplice or an accessor" participation, the fine is
lowered b" deducting 1?4 of the maximum amount of the fine from such
maximum without changing the minimum amount prescribed b" law.
Illustration6
If the penalty prescribed is a fine ranging from ")??.?? to "F??.??, but the
felony is frustrated so that the penalty should be imposed one degree lower,
&JB of "F??.?? shall be deducted therefrom. This is done by deducting
"&)F.?? from "F??.??, leaving a difference of "DCF.??. The penalty one
degree lower is "DCF.??. To go another degree lower, "&)F.?? shall again be
deducted from "DCF.?? and that would leave a difference of ")F?.??. Hence,
the penalty another degree lower is a fine ranging from ")??.?? to ")F?.??.
If at all, the fine has to be lowered further, it cannot go lower than ")??.??.
,o, the fine will be imposed at ")??.??. This rule applies when the fine has
to be lowered by degree.
Art. EA. 8egal period of duration of divisible penalties. K The legal perio#
of #uration of #ivisi!le penalties shall !e consi#ere# as #ivi#e# into
three parts. forming three perio#s. the minimum. the me#ium. an# the
ma%imum in the manner shown in the following ta!le:
Art. EE. $hen the penalty is a complex one composed of three distinct
penalties& K )n cases in which the law prescri!es a penalt" compose# of
three #istinct penalties. each one shall form a perio#; the lightest of
them shall !e the minimum the ne%t the me#ium. an# the most severe
the ma%imum perio#.
,henever the penalt" prescri!e# #oes not have one of the forms
speciall" provi#e# for in this Co#e. the perio#s shall !e #istri!ute#.
appl"ing !" analog" the prescri!e# rules.
if there are 3 distinct penalties1 there shall be a minimum, a medium and a
maximum
0xample* -eclusion temporal max to death
*C/T)0+ A+- 'RB)C 0> P+ALT)'
Art. EF. $hen and how a penalty is to be executed& K +o penalt" shall !e
e%ecute# e%cept !" virtue of a final :u#gment.
1:;
1:1
A penalt" shall not !e e%ecute# in an" other form than that prescri!e#
!" law. nor with an" other circumstances or inci#ents than those
e%pressl" authori9e# there!".
)n a##ition to the provisions of the law. the special regulations
prescri!e# for the government of the institutions in which the penalties
are to !e suffere# shall !e o!serve# with regar# to the character of the
wor3 to !e performe#. the time of its performance. an# other inci#ents
connecte# therewith. the relations of the convicts among themselves
an# other persons. the relief which the" ma" receive. an# their #iet.
The regulations shall ma3e provision for the separation of the se%es in
#ifferent institutions. or at least into #ifferent #epartments an# also for
the correction an# reform of the convicts.
>nly penalty by final judgment can be executed. Iudgment is final if the
accused has not appealed within 18 da"s or he has expressl" waived in
writing that he will not appeal.
0n appeal suspends the service of the sentence imposed by
the trial court. In the absence of an appeal, the law contemplates a
speedy eecution of the sentence, and in the orderly administration
of justice, the defendant should be forthwith remanded to the sherif
for the eecution of the judgment.
#here could be no subsidiary liability if it was not expressly ordered in the
judgment
Art. E5. +uspension of the execution and service of the penalties in case of
insanity& K ,hen a convict shall !ecome insane or an im!ecile after final
sentence has !een pronounce#. the e%ecution of sai# sentence shall !e
suspen#e# onl" with regar# to the personal penalt". the provisions of
the secon# paragraph of circumstance num!er 2 of article 27 !eing
o!serve# in the correspon#ing cases.
)f at an" time the convict shall recover his reason. his sentence shall !e
e%ecute#. unless the penalt" shall have prescri!e# in accor#ance with
the provisions of this Co#e.
The respective provisions of this section shall also !e o!serve# if the
insanit" or im!ecilit" occurs while the convict is serving his sentence
Cases of insanity+
a5 after final sentence, suspend the sentence regarding the personal
penalties
b5 if he recovers, the sentence is executed unless it has prescribed
c' the payment of civil or pecuniary liabilities shall not be suspended
1:1
1:2
Art FG (as amen#e# !" P- AG6: Chil# an# Houth ,elfare Co#e)
a5 youthful offender over : but under 1@ at time of the commission of
the offense
0 child nine years of age or under at the time of the
commission of the ofense shall be eempt from criminal liability
and shall be committed to the care of his or her father or mother, or
nearest relative or family friend in the discretion of the court and
subject to its supervision. The same shall be done for a child over
nine years and under %fteen years of age at the time of the
commission of the ofense, unless he acted with discernment, in
which case he shall be proceeded against in accordance with 0rticle
)A+.
The .evised $enal &ode declared a youthful ofender to be one
who is under )B years old at the time he committed the crime
attributed to him. 5or him to be entitled to the bene%ts of the law,
the sentence must also be made while the accused is under )B
years of age. If the accused is already )B years old or above upon
promulgation, he will no longer be entitled to a suspension of his
sentence.
The suspension of the sentence is only observed if the
youthful ofender commits he crime above nine years and below )B
years of age and the promulgation of the judgment is likewise done
while the accused is under )B years of age.
The suspension of sentence is not automatic or mandatory for
the court to implement. The youthful ofender must apply for
suspension.
b5 a "outhful offender held for examination or trial who cannot furnish bail
will be committed to the 93'9?local rehab center or detention home
c- 6udgment of the court shall not be pronounced but suspended
except for the ff cases+
1. those who previousl" en&o"ed a suspension of sentence
2. those convicted of death or life imprisonment
3. those convicted for an offense b" the militar" tribunals
d5 the 93'9 ma" dismiss the case if the "outh behaves properl"
e5 the records of the proceeding shall be privileged and shall not be
disclosed
f5 the civil liabilit" of the "outhful offender ma" be voluntar" assumed b" a
relative or a friend
1:2
1:3
The civil liability for acts committed by a youthful ofender
shall devolve upon the ofender=s father and, in the case of his
death or incapacity, upon the mother, or in case of her death or
incapacity, upon the guardian. &ivil liability may also be voluntarily
assumed by a relative or family friend of the youthful ofender.
g5 the parent or guardian of the child is liable when he aids, abets or
connives w? the commission of the crime or does an act producing,
promoting or contributing to the childCs being a &uvenile delin2uent.
h5 #he penalties for the parent or guardian* 7ine not exceeding 8;;
and?or imprisonment not exceeding 2 "ears
Art. F2. $hen and how the death penalty is to be executed. K The #eath
sentence shall !e e%ecute# with preference to an" other an# shall
consist in putting the person un#er sentence to #eath !" lethal in:ection.
The #eath sentence shall !e e%ecute# un#er the authorit" of the -irector
of Prisons. en#eavoring so far as possi!le to mitigate the sufferings of
the person un#er sentence #uring the lethal in:ection as well as #uring
the procee#ings prior to the e%ecution.
The -irector of the (ureau of Corrections shall ta3e steps to insure that
the lethal in:ection to !e a#ministere# is sufficient to cause
instantaneous #eath of the convict.
The #eath sentence shall !e carrie# out not earlier than one(2) "ear !ut
not later than eighteen(2F) months after the :u#gment has !ecome final
an# e%ecutor" without pre:u#ice to the e%ercise !" the Presi#ent of his
clemenc" powers at all times . (#s amended by !#N F'??)
*EA/ PE0AL1
&o (hich crimes imposed"
0pplies only to those crimes which are speci%ed under .0
H6CA. If a crime is not included in the list of heinous crimes, the
penalty cannot be validly imposed for said crime.
What are heinous crimes?
These are grievous, odious and hateful ofenses, which by
reason of their inherent or manifest wickedness, viciousness,
atrocity and perversity are repugnant and outrageous to the
common standards and norms of decency and morality in a just,
civili"ed and ordered society.
What are the heinous crimes under 12 ;@:=?
). Treason
1:3
1:4
+. Guali%ed piracy P mutiny
,. Guali%ed bribery
3. $arricide
C. @urder
6. Infanticide
H. Qidnapping and ;erious Illegal Fetention
B. .obbery with Domicide
A. .obbery with rape
)7. .obbery with Intentional @utilation
)). .obbery with arson
)+. Festructive 0rson
),. .ape committed with the use of deadly weapon
)3. .ape committed by two or more persons
)C. .ape with Domicide P 0ttempted rape with homicide
)6. .ape under certain circumstances
)H. $lunder
)B. Liolation of .0 63+C, where /uantity involved is more
than or e/ual to that certi%ed under ;ec. +7 thereof
)A. &arnapping where the owner or occupant of the vehicle
is killed
Art. F7. Botification and execution of the sentence and assistance to the
culprit& K The court shall #esignate a wor3ing #a" for the e%ecution !ut
not the hour thereof; an# such #esignation shall not !e communicate#
to the offen#er !efore sunrise of sai# #a". an# the e%ecution shall not
ta3e place until after the e%piration of at least eight hours following the
notification. !ut !efore sunset. -uring the interval !etween the
notification an# the e%ecution. the culprit shall. in so far as possi!le. !e
furnishe# such assistance as he ma" re$uest in or#er to !e atten#e# in
his last moments !" priests or ministers of the religion he professes an#
to consult law"ers. as well as in or#er to ma3e a will an# confer with
mem!ers of his famil" or persons in charge of the management of his
!usiness. of the a#ministration of his propert". or of the care of his
#escen#ants.
9esignate a working da" w?c shall not be communicated to the offender
before the sunrise of said da". #he execution shall not take place until after
the expiration of at least @ hrs following such notification.
0e can execute a will.
Art. F6. +uspension of the execution of the death sentence. K The #eath
sentence shall not !e inflicte# upon a woman while she is pregnant or
within one(2) "ear after #eliver". nor upon an" person over sevent"
"ears of age. )n this last case. the #eath sentence shall !e commute# to
the penalt" of reclusion perpetua with the accessor" penalties provi#e#
in Article <G.
1:4
1:8
)n all cases where the #eath sentence has !ecome final. the recor#s of
the case shall !e forwar#e# imme#iatel" !" the 'upreme Court to the
0ffice of the Presi#ent for possi!le e%ercise of the par#oning power. (#s
amended by +ec& (>, !#N ?9>:)
3eath sentence commuted to *4+
a5 woman, while pregnant or within 1 "r after deliver" 4onl" suspended5
b5 person over .; "ears old.
Art. F<. Place of execution and persons who may witness the same. K The
e%ecution shall ta3e place in the penitentiar" or (ili!i# in a space close#
to the pu!lic view an# shall !e witnesse# onl" !" the priests assisting
the offen#er an# !" his law"ers. an# !" his relatives. not e%cee#ing si%.
if he so re$uest. !" the ph"sician an# the necessar" personnel of the
penal esta!lishment. an# !" such persons as the -irector of Prisons
ma" authori9e.
Art. F=. Provisions relative to the corpse of the person executed and its
burial& K /nless claime# !" his famil". the corpse of the culprit shall.
upon the completion of the legal procee#ings su!se$uent to the
e%ecution. !e turne# over to the institute of learning or scientific
research first appl"ing for it. for the purpose of stu#" an# investigation.
provi#e# that such institute shall ta3e charge of the #ecent !urial of the
remains. 0therwise. the -irector of Prisons shall or#er the !urial of the
!o#" of the culprit at government e%pense. granting permission to !e
present thereat to the mem!ers of the famil" of the culprit an# the
frien#s of the latter. )n no case shall the !urial of the !o#" of a person
sentence# to #eath !e hel# with pomp.
Art. FA. !eclusion perpetua, reclusion temporal, prision mayor, prision
correccional and arresto mayor& K The penalties of reclusion perpetua.
reclusion temporal. prision ma"or. prision correccional an# arresto
ma"or. shall !e e%ecute# an# serve# in the places an# penal
esta!lishments provi#e# !" the A#ministrative Co#e in force or which
ma" !e provi#e# !" law in the future.
Art. FE. -estierro. K An" person sentence# to #estierro shall not !e
permitte# to enter the place or places #esignate# in the sentence. nor
within the ra#ius therein specifie#. which shall !e not more than 7=G an#
not less than 7= 3ilometers from the place #esignate#.
3estierro shall be imposed in the ff cases+
a5 death or serious ph"sical in&uries is caused or are inflicted under
exceptional circumstance
1:8
1:/
b5 person fails to give bond for good behavior
c5 concubineCs penalt" for the crime of concubinage
d5 lowering the penalt" b" degrees
Execution of 3istierro
a' %onvict shall not be permitted to enter the place designated in the
sentence nor within the radius specified, which shall not be more than
28; and not less than 28 km from the place designated.
b' (f the convict enters the prohibited area, he commits evasion of
sentence
Art. FF. #rresto menor. K The penalt" of arresto menor shall !e
serve# in the municipal :ail. or in the house of the #efen#ant himself
un#er the surveillance of an officer of the law. when the court so
provi#es in its #ecision. ta3ing into consi#eration the health of the
offen#er an# other reasons which ma" seem satisfactor" to it.
1erved where+
(n the municipal &ail
(n the house of the offender, but under the surveillance of an officer of the
law whenever the court so provides in the decision due to the health of the
offender. =ut the reason is not satisfactor" &ust because the offender is a
respectable member of the communit"
*T)+CT)0+ 0> CR)&)+AL L)A()L)TH
Art. F5. @ow criminal liability is totally extinguished. K Criminal lia!ilit"
is totall" e%tinguishe#:
re=election to public office is not one of the grounds by which criminal liability
is extinguished. This is only true to administrative cases but not criminal
cases.
(2) (" the #eath of the convict. as to the personal penalties an# as to
pecuniar" penalties. lia!ilit" therefor is e%tinguishe# onl" when the
#eath of the offen#er occurs !efore final :u#gment.
6xtinguishment of criminal liabilit" is a ground of motion to 2uash
%riminal liabilit" whether before or after final &udgment is extinguished
upon death because it is a personal penalt"
!ecuniar" penalt" is extinguished onl" when death occurs before final
&udgement.
1:/
1:.
44 vs. BAC!TA1
). Feath of the accused pending appeal of his conviction
etinguishes his criminal liability as well as the civil liability
based solely thereon.
+. The claim of civil liability survives notwithstanding the death
of accused, if the same may also be predicated on a source of
obligation other than delict.
,. #here the civil liability survives, an action for recovery
therefore, may be pursued but only by way of %ling a separate
civil action and subject to ;ection ) .ule ))) of the )ABC
.ules on &riminal $rocedure as amended. This separate civil
action may be enforced either against the
eecutorPadministrator of the estate of the accused,
depending on the source obligation upon which the same is
based as eplained above.
If the act or omission complained of gives rise to a cause of
action arising from /uasi!delict, the separate civil action must be
%led against the eecutor or administrator of the estate of the
accused pursuant to ;ec. ), .ule BH of the .ules of &ourt.
If the same act or omission complained of also arises from
contract, the separate civil action must be %led against the estate of
the accused, pursuant to ;ec. C, .ule B6 of the .ules of &ourt.
#hen the civil liability does not arise from a certain crime and
predicated on law, contract, /uasi!contract, or /uasi!delict, the civil
liability survives notwithstanding the death of the accused during
the pendency of the trial of a criminal action or appeal.
#hat is contemplated in 0rticle BA is that the accused who
died before the %nality of a verdict or conviction cannot be ordered
to make restitution, reparation or indemni%cation to the ofended
party by way of moral and eemplary damages.
#here there are several accused, the death of one does not
result to the dismissal of the action because the liabilities, whether
civil or criminal of said accused are distinct and separate.
The death of the ofended party pending the trial is not
included in the total etinction of criminal liability under 0rt. BA,
neither is it a ground for the dismissal of a criminal complaint or
information. (Pp vs& ,undalian, ''? +"!# ?'F)
(7) (" service of the sentence
%rime is a debt, hence extinguished upon pa"ment
1:.
1:@
3ervice does not extinguish civil liabilit"
.(6) (" amnest". which completel" e%tinguishes the penalt" an# all its
effects
Amnesty is an act of the sovereign power granting oblivion or general
pardon. (t wipes all traces and vestiges of the crime but does not extinguish
civil liabilit"
(<) (" a!solute par#on
4ardon an act of grace proceeding from the power entrusted w? the
execution of laws, which exempts the individual from the punishment the
law inflicts for the crime.
"ardon, although absolute does not erase the effects of conviction. !ardon
onl" excuses the convict from serving the sentence. There is an exception to
this and that is when the pardon was granted when the convict had already
served the sentence such that there is no more service of sentence to be
executed then the pardon shall be understood as intended to erase the
effects of the conviction. =ut if he was serving sentence when he was
pardoned, that pardon will not wipe out the effects of the crime, unless the
language of the pardon absolutel" relieve the offender of all the effects
thereof. *onsidering that recidivism does not prescribe, no matter how long
ago was the first conviction, he shall still be a recidivist.
.hen the crime carries with it moral turpitude, the offender even if granted
pardon shall still remain dis2ualified from those falling in cases where moral
turpitude is a bar.
In 'onsanto v. 9actoran (r. $J@ 1C*A $%$. it was held that absolute
pardon does not ipso facto entitle the convict to reinstatement to the public
office forfeited b" reason of his conviction. lthough pardon restores his
eligibility for appointment to that office, the pardoned convict must reapply for
the new appointment
A&+'TH PAR-0+
6xtended to classes of persons who ma"
be guilt" of political offenses
6xercised individuall" b" the president
4an" crime5
6xercised even before trial or investigation 6xercised when one is convicted
>ooks backward and abolishes the offense
itself
>ooks forward and relieves the offender of
the conse2uences
9oes not extinguish civil liabilit" 3ame
A public act that needs the declaration of
the president with the concurrence of
%ongress
A private act of the president
%ourts should take &udicial notice Must be pleaded and proved
1:@
1::
"ardon becomes valid only when there is a final judgment. If given before
this, it is premature and hence void. There is no such thing as a premature
amnesty, because it does not re(uire a final judgment- it may be given before
final judgment or after it.
(=) (" prescription of the crime
'hen the crime prescribes, the state loses the right to prosecute
4rescription of a crime is the loss?forfeiture of the right of the state to
prosecute the offender after the lapse of a certain time.
(A) (" prescription of the penalt"
+eans6 the loss?forfeiture of the right of government to execute the final
sentence after the lapse of a certain time. %onditions* there must be final
&udgement and the period has elapsed.
(A) (" the marriage of the offen#e# woman. as provi#e# in Art 6<< of
this Co#e
(n the case of marriage, do not sa" that it is applicable for the crimes under
Article &AA. It is only true in the crimes of rape abduction seduction and
acts of lasciviousness. 9o not sa" that it is applicable to private crimes
because the term includes adulter" and concubinage. Marriages in these
cases ma" even compound the crime of adulter" or concubinage. It is only in
the crimes of rape, abduction, seduction and acts of lasciviousness that the
marriage by the offender with the offended woman shall extinguish civil
liability, not only criminal liability of the principal who marries the offended
woman, but also that of the accomplice and accessory, if there are any.
%o$principals who did not themselves directl" participate in the execution of
the crime but who onl" cooperated, will also benefit from such marriage, but
not when such co$principal himself took direct part in the execution of the
crime.
+arriage as a ground for extinguishing civil liability must have been
contracted in good faith. #he offender who marries the offended woman must
be sincere in the marriage and therefore must actuall" perform the duties of a
husband after the marriage, otherwise, notwithstanding such marriage, the
offended woman, although alread" his wife can still prosecute him again,
although the marriage remains a valid marriage. 9o not think that the
marriage is avoided or annulled. #he marriage still subsists although the
offended woman ma" re$file the complaint. #he 3upreme %ourt ruled that
marriage contemplated must be a real marriage and not one entered to and
1::
2;;
not &ust to evade punishment for the crime committed because the offender
will be compounding the wrong he has committed.
In cases of multiple rapes, however, the principle does not
apply. Thus, if 0, 4 and & raped # in that when 0 was having se
with #, 4 and & were holing the legs and arms, and when it was 4=s
turn, 0 and & were the ones holding #=s legs and arms, and when &
was the one having se with #, the ones holding her arms and legs
were 0 and 4. 'ven if later on, 0 contracted marriage with #, there
is no etinction of penal responsibility because this is a case of
multiple rapes.
The grant of probation may be considered as a form of
e-tinction of criminal liability which was bestowed while
accused who has never been encarcerated, was out on bail, may
thus be categori"ed as total etinction thereof. Dowever, if it was
granted after the conviction of the accused who was in jail, it can be
considered as partial etinction only. It must be noted however, that
unlike in service of sentence, in probation, the probationer is still
re/uired to report to $robation O9cer at a certain period until the
duration of the probation period.
Art. 5G. Prescription of crime. K Crimes punisha!le !" #eath.
reclusion perpetua or reclusion temporal shall prescri!e in twent" "ears.
Crimes punisha!le !" other afflictive penalties shall prescri!e in fifteen
"ears.
Those punisha!le !" a correctional penalt" shall prescri!e in ten "ears;
with the e%ception of those punisha!le !" arresto ma"or. which shall
prescri!e in five "ears.
The crime of li!el or other similar offenses shall prescri!e in one "ear.
The crime of oral #efamation an# slan#er !" #ee# shall prescri!e in si%
months.
Light offenses prescri!e in two months.
,hen the penalt" fi%e# !" law is a compoun# one. the highest penalt"
shall !e ma#e the !asis of the application of the rules containe# in the
first. secon# an# thir# paragraphs of this article. (#s amended by !# J99',
approved <une ':, ':99.)
In computing for the period, the first da" is excluded and the last da"
included. 3ub&ect to leap "ears
2;;
2;1
.hen the last day of the prescriptive period falls on a ,unday or a legal
holiday, the info can no longer be filed the ff da"
,imple slander prescribes in 2 months and grave slander in / months
3ince destierro is a correctional penalt", it prescribes in 1; "ears. Afflictive
penalties, 18 "ears.
If compound penalty, basis will be the highest penalt"
%)ense punished (ith a Ane
To determine whether the prescriptive period of an ofense
punished with a %ne is imposed as a single or as an alternative
penalty, such %ne should not be reduced or converted into a prison
term. It should be classi%ed into an aRictive, correctional, or light
penalty pursuant to 0rticle +6.
#hen %ne is imposed as an alternative penalty to
imprisonment 4imposed together w? a penalt" lower than the fine5, and %ne
constitute a higher penalty than the penalty of imprisonment, the
basis of the prescriptive period should be the %ne.
The rule on prescription as to %nes does not refer to
subsidiary imprisonment. It takes into consideration the nature of
the penalty as aRictive, correctional and light. It is a rule that
prescriptive period is always based on the %ne even if there is a
subsidiary imprisonment.
"rescription begins to run from the discovery thereof. (nterrupted when
proceedings are instituted and shall begin to run again when the
proceedings are dismissed.
The defense of prescription cannot be waived and it may be raised
during the trial or even on appeal. Dowever, the defense of
prescription of crime cannot defeat the right of the state to recover
its properties which were unlawfully ac/uired by public o9cials.
!rescription does not take awa" the courtCs &urisdiction but onl" absolves
the defendant and ac2uits him.
'tinction of crime by prescription does not etinguish civil liability
unless etinction proceeds from a declaration in a %nal judgment
that the fact from which the civil liability might arise did not eist.
#here the special law such as the &opyright <aw provides for
its own prescriptive period, said special law will govern. 0ct ,,+6
will not be applied.
2;1
2;2
!rescription of Crimes (2rt. =>)
Penalty or Felony Time after which Crime will Prescribe
Feath, reclusion perpetua or
reclusion temporal
+7 years
Other aRictive penalties )C years
&orrectional penalty, ecept
arresto mayor
)7 years
0rresto mayor C years
<ibel or other similar ofenses ) year
Oral defamation and slander by
deed
6 months
<ight ofenses + months
!rescriptive periods of o)enses punished under special la(s
and municipal ordinances (2ct #o. 8;@8)
Penalty or Offense Time after which offense will prescribe
5ine only* or
imprisonment for not more than )
month,
Or both,
) year
Imprisonment for more than )
month, but less than + years
3 years
Imprisonment for + years or more
but less than 6 years
B years
Imprisonment for 6 years or more )+ years
Internal .evenue <aw ofenses C years
Liolations of municipal ordinances + months
Liolations of the regulations or
conditions of certi%cate of
convenience by the $ublic ;ervice
&ommission
+ months
Art. 52. "omputation of prescription of offenses. K The perio# of
prescription shall commence to run from the #a" on which the crime is
#iscovere# !" the offen#e# part". the authorities. or their agents. an#
shall !e interrupte# !" the filing of the complaint or information. an#
shall commence to run again when such procee#ings terminate without
the accuse# !eing convicte# or ac$uitte#. or are un:ustifia!l" stoppe#
for an" reason not imputa!le to him.
The term of prescription shall not run when the offen#er is a!sent from
the Philippine Archipelago.
2;2
2;3
&he aforementioned rule6 ho(ever is not applicable in the
follo(ing cases1
a. In continuing crimes where the prescriptive period will start to
run only at the termination of the intended result*
b. In crimes which are not concealed because there is a
constructive notice to the public, such as to those which
involve a public document registered in public o9ces. It is a
rule that registration is tantamount to a declaration to the
whole world. In such cases, the prescriptive period shall
commence from the time of the registration of the document.
c. In the crime of false testimony where the prescriptive period is
reckoned from the day of %nal judgment is rendered by the
court and not at the time the false testimony was made.
If there is nothing concealed 4appears in a public document5, the crime
commences to run on the date of the commission
!eriod of prescription for crimes that is continuing never runs
Crime needs to be discovered by+
a5 offended part"
b5 authorities
c5 their agents
(f a person witnesses the crime but onl" tells the authorities 28 "ears later,
prescription commences on the da" the authorities were told.
<Commission of the crime is public= == This does not mean alone that the
crime was within public #nowledge or committed in public.
Illustration6
(n the crime of falsification of a document that was registered in the proper
registr" of the government like the -egistr" of !ropert" or the -egistr" of
9eeds of the %ivil registr", the falsification is deemed public from the time the
falsified document was registered or recorded in such public office so even
though, the offended part" ma" not reall" know of the falsification, the
prescriptive period of the crime shall alread" run from the moment the falsified
document was recorded in the public registr". 3o in the case where a deed of
sale of a parcel of land which was falsified was recorded in the corresponding
-egistr" of !ropert", the owner of the land came to know of the falsified
transaction onl" after 1; "ears, so he brought the criminal action onl" then.
#he 3upreme %ourt ruled that the crime has alread" prescribed. From the
moment the falsified document is registered in the 1egistry of "roperty, the
prescriptive period already commenced to run ,Constructive notice rule-.
Khat interrupts prescriptionF
2;3
2;4
a5 preliminar" examination or investigation w?c is similar to &udicial
proceeding
b5 filing the proper complaint w? the fiscalCs office and the prosecutor. !olice
not included.
c5 7iling complaint with the court that has proper &urisdiction
The prescription of the crime is interrupted or suspended /
%&' 'hen a complaint is filed in a proper baranga" for conciliation or
mediation as re2uired b" %hapter ., >ocal Eovernment %ode, but the
suspension of the prescriptive period is good only for H? days. fter
which the prescription will resume to run, whether the conciliation or
mediation is terminated for not-
%)' 'hen criminal case is filed in the prosecutorCs office, the prescription
of the crime is suspended until the accused is convicted or the
proceeding is terminated for a cause not attributable to the accused.
Doliday is not a legal e9cient cause which interrupts the
prescription of the ofense. #here the last day to %le an information
falls on a ;unday or legal holiday, the prescriptive period cannot be
etended up to the net working day.
$ut where the crime is subject to ,ummary "rocedure, the prescription of the
crime will be suspended onl" when the information is alread" filed with the
trial court. (t is not the filing of the complaint, but the filing of the information in
the trial which will suspend the prescription of the crime.
If the case involves a minor ofense and it is %led in the %scal=s
o9ce, the %ling of the case in the %scal=s o9ce will not interrupt the
running of the period of prescription.
Khen the period commences to run again
a5 'hen the proceeding is terminated without the accused being
convicted or ac2uitted
b5 'hen the proceeding is un&ustifiabl" stopped for a reason not
imputable to the offender
3when such proceedings terminate2 termination that is final1 an unappealed
conviction or ac2uittal
3unjustifiably stopped for any reason2 example* accused evades arrest,
proceedings must be stopped
rt A& applies to a special law when said law does not provide for the
application but onl" provides for the period of prescription
2;4
2;8
The prevailing rule now is, prescription of the crime is not waivable, 'hen a
crime prescribes, the 3tate loses the right to prosecute the offender, hence,
even though the offender may not have filed a motion to (uash on this ground
the trial court, but after conviction and during the appeal he learned that at the
time the case was filed, the crime has already prescribed, such accused can
raise the (uestion of prescription even for the first time on appeal, and the
appellate court shall have no jurisdiction to continue, if legally, the crime has
indeed prescribed.
Art. 57. $hen and how penalties prescribe. K The penalties impose# !"
final sentence prescri!e as follows:
2. -eath an# reclusion perpetua. in twent" "ears;
7. 0ther afflictive penalties. in fifteen "ears;
6. Correctional penalties. in ten "ears; with the e%ception of the
penalt" of arresto ma"or. which prescri!es in five "ears;
<. Light penalties. in one "ear.
When !enalties !rescribe (2rt. =7)
Penalty Prescripti"e Period
Feath
.eclusion perpetua
+7 years
Other aRictive penalties )C years
&orrectional penalties, ecept
arresto mayor
)7 years
0rresto mayor C years
<ight penalties ) year
)ote that final sentence must be imposed
The penalty, to be subject of prescription must have been
imposed by %nal judgment. Thus, if 0 after conviction by the trial
court, appealed the decision, and escaped from jail where he has
been detained during the trial, the penalty will never prescribe. In
prescription of penalty, the ofender must be serving sentence, and
must have escaped, committing the crime of 'vasion of ;entence.
5rom the day he escaped, the prescription of penalty commence to
run.
!roblem" 0 was sentenced to reclusion temporal for homicide
and while serving sentence, for Manuary ), )AB7. De must be able to
elude authorities up to Manuary +, )AAC to consider the penalty
prescribed. ;upposed he was arrested after %ve -C( years of escape
8 that is, on Manuary ), )ABC, and was able to hide for just ten -)7(
more years. The %ve!year period during his %rst escape must have
to be considered for purposes of completing the %fteen -)C(!year
period for the prescription of the penalty of Domicide.
2;8
2;/
(f a convict can avail of mitigating circumstances and the penalt" is
lowered, it is still the original penalt" that is used as the basis for
prescription. 0owever, if the convict alread" serves a portion of his
sentence and escapes after, the penalt" that was imposed 4not the
original5 shall be the basis for prescription
7ines less than 2;; fall under light penalt". #hose above are correccional.
Art. 56. "omputation of the prescription of penalties. K The perio# of
prescription of penalties shall commence to run from the #ate when the
culprit shoul# eva#e the service of his sentence. an# it shall !e
interrupte# if the #efen#ant shoul# give himself up. !e capture#. shoul#
go to some foreign countr" with which this Government has no
e%tra#ition treat". or shoul# commit another crime !efore the e%piration
of the perio# of prescription.
lements:
a5 penalt" is final
b5 convict evaded the sentence
c5 convict has not given himself up
d5 penalt" has prescribed because of lapse of time from the date of the
evasion of the service of the sentence
<n the prescription of the penalt", the period will onl" commence to run when
the convict has begun to serve the sentence. ctually, the penalty will
prescribe from the moment the convict evades the service of the sentence.
3o if an accused was convicted in the trial court, and the conviction becomes
final and executor", so this fellow was arrested to serve the sentence, on the
wa" to the penitentiar", the vehicle carr"ing him collided with another vehicle
and overturned, thus enabling the prisoner to escape, no matter how long
such convict has been a fugitive from &ustice, the penalt" imposed b" the trial
court will never prescribe because he has not "et commenced the service of
his sentence. For the penalty to prescribe, he must be brought to +untinlupa,
boo#ed there, placed inside the cell and thereafter he escapes.
Interruption of the period
(f the defendant surrenders
(f he is captured
(f he should go into a foreign countr" with which the !hilippines has no
extradition treat"
"resently the "hilippines has an extradition treaty with Taiwan, Indonesia,
*anada, ustralia, :, and ,wit!erland
2;/
2;.
(f he should commit another crime before the expiration of the period of
prescription
The moment the convict commits another crime while he is fugitive from
justice, prescriptive period of the penalty shall be suspended and shall not run
in the meantime. The crime committed does not include the initial evasion of
service of sentence that the convict must perform before the penalty shall
begin to prescribe, so that the initial crime of evasion of service of sentence
does not suspend the prescription of penalty, it is the commission of other
crime, after the convict has evaded the service of penalty that will suspend
such period.
Acceptance of a conditional pardon4"eople v. "untilos'
(f a government has an extradition treat" w? the countr" to w?c a convict
escaped and the crime is not included in the treat", the running of the
prescription is interrupted
3entence evasion clearl" starts the running of the prescription. (t does not
interrupt it. cceptance of the conditional pardon interrupts the prescriptive
period.
1olito 7o case* since he was captured, he is onl" supposed to serve the
remainder of his sentence. 1eason6 during the period he escaped, his
existence is one of fear and discomfort
Art. 5<. Partial 6xtinction of criminal liability& K Criminal lia!ilit" is
e%tinguishe# partiall":
2. (" con#itional par#on;
7. (" commutation of the sentence; an#
6. >or goo# con#uct allowances which the culprit ma" earn while he
is serving his sentence.
Con#itional par#on contract between the sovereign power of the executive
and the convict
%onvict shall not violate an" of the penal laws of the !hilippines
,iolation of conditions*
<ffender is re$arrested and re$incarcerated
!rosecution under Art. 18:
Commutation change in the decision of the court b" the chief regarding the
415 degree of the penalt"1
425 b" decreasing the length of the imprisonment or fine
Commutation allowed when+
2;.
2;@
a5 person over .; "rs old
b5 1; &ustices fail to reach a decision affirming the death penalt"
%onsent not necessar" in commutation
!risoner is also allowed special time allowance for loyalty w?c is 1?8
deduction of the period of his sentence.
Parole consists in the suspension of the sentence of a convict after serving
the minimum term of the indeterminate penalt", without granting pardon,
prescribing the terms upon which the sentence shall be suspended. In case
his parole conditions are not observed, a convict ma" be returned to the
custod" and continue to serve his sentence without deducting the time that
elapsed.
C0+-)T)0+AL PAR-0+ PAR0L
Eiven after final &udgement Eiven after service of the minimum penalt"
Eranted b" %hief 6xecutive Eiven b" the =d of !ardons and !arole
7or violation, convict ma" not be
prosecuted under 18:
7or violations, ma" be rearrested, convict
serves remaining sentence
7ood conduct allowance during confinement
9eduction for the term of sentence for good behavior
Goo# con#uct allowance
#his includes the allowance for lo"alt" under Article :@, in relation to Article
18@. convict who escapes the place of confinement on the occasion of
disorder resulting from a conflagration, earth(ua#e or similar catastrophe or
during a mutiny in which he has not participated and he returned within B@
hours after the proclamation that the calamity had already passed, such
convict shall be given credit of &JF of the original sentence from that
allowance for his loyalty of coming bac#. #hose who did not leave the
penitentiar" under such circumstances do not get such allowance for lo"alt".
rticle &F@ refers only to those who leave and return.
Art. 5=. ;bligation incurred by person granted conditional pardon. K
An" person who has !een grante# con#itional par#on shall incur the
o!ligation of compl"ing strictl" with the con#itions impose# therein
otherwise. his non8compliance with an" of the con#itions specifie# shall
result in the revocation of the par#on an# the provisions of Article 2=5
shall !e applie# to him.
%ondition of pardon is limited to unserved portion of the sentence, unless
an intention to extend it be"ond the time is manifest
2;@
2;:
Art. 5A. 6ffect of commutation of sentence. K The commutation of the
original sentence for another of a #ifferent length an# nature shall have
the legal effect of su!stituting the latter in the place of the former.
Art. 5E. #llowance for good conduct. K The goo# con#uct of an"
prisoner in an" penal institution shall entitle him to the following
#e#uctions from the perio# of his sentence:
2. -uring the first two "ears of his imprisonment. he shall !e allowe#
a #e#uction of five #a"s for each month of goo# !ehavior;
7. -uring the thir# to the fifth "ear. inclusive. of his imprisonment.
he shall !e allowe# a #e#uction of eight #a"s for each month of goo#
!ehavior;
6. -uring the following "ears until the tenth "ear. inclusive. of his
imprisonment. he shall !e allowe# a #e#uction of ten #a"s for each
month of goo# !ehavior; an#
<. -uring the eleventh an# successive "ears of his imprisonment. he
shall !e allowe# a #e#uction of fifteen #a"s for each month of goo#
!ehavior.
Allowance for good conduct not applicable when prisoner released under
conditional pardon.
Eood conduct time allowance is given in consideration of good conduct of
prisoner while he is serving sentence.
Allowances for Goo# con#uct per "ear
Cears Allowance
7irst 2 "ears 8 da"s per month of good behavior
3
rd
to 8
th
"ears @ da"s per month of good behavior
7ollowing "ears up to 1;
th
"ear 1; da"s per month of good behavior
11
th
"ear and successive "ears 18 da"s per month of good behavior
Art. 5F. +pecial time allowance for loyalty. K A #e#uction of one8fifth of
the perio# of his sentence shall !e grante# to an" prisoner who. having
eva#e# the service of his sentence un#er the circumstances mentione#
in article 2=F of this Co#e. gives himself up to the authorities within <F
hours following the issuance of a proclamation announcing the passing
awa" of the calamit" or catastrophe to in sai# article.
1pecial time allowance for loyalty of prisoners*
#he article applies onl" to prisoners who escaped
2;:
21;
deduction of 1?8 of the period of sentence of prisoner who having
evaded the service of his sentence during the calamit" or catastrophe
mentioned in Art 18@, gives himself up to the authorities w?in 4@ hrs ff
the issuance of the proclamation b" the !resident announcing the
passing awa" of the calamit" or catastrophe
deduction based on the original sentence and not on the unexpired
portion
Art $8# provides for increased penalties+
$ a convict who has evaded the service of his sentence b" leaving the
penal institution on the occasion of disorder resulting from conflagration,
earth2uake or similar catastrophe or during mutin" in which he did not
participate is liable to an increased penalt" 41?8 of the time still remaining
to be served not to exceed / months5, if he fails to give himself up to the
authorities w?in 4@ hrs ff the issuance of a proclamation b" the !resident
announcing the passing awa" of the calamit".
Art. 55. $ho grants time allowances. K ,henever lawfull" :ustifie#. the
-irector of Prisons shall grant allowances for goo# con#uct. 'uch
allowances once grante# shall not !e revo3e#.
a5 authorit" to grant time allowance for good conduct is exclusivel" vested in
the 9irector of prisons 4e.g. provincial warden cannot usurp 9irectorCs
authorit"5
b5 it is not an automatic right and once granted, cannot be revoked b" him
C)B)L L)A()L)TH
2cts or omissions resulting in felonies produce t(o
classes of inuries. The %rst injury is directed against the state and
is known as 3social inury4. The ofended party is the government
or the collective right of our people. It is repaired through the
imposition of penalties. The second injury is directed to the private
ofended party and is known as 3personal inury4. The injury is
caused to the victim of the crime who may have sufered damage,
either to his person, to his property, or to his honor which is
compensated by way of indemnity which is civil in nature.
0 person criminally liable is also civilly liable. The award of
civil damages arising from crime is governed by the .evised $enal
&ode, subject to the provisions of 0rticle ,+, ,, and ,3 of the Kew
&ivil &ode. $rocedural aspect of the civil liability of the accused, .ule
))) of the .evised .ules of &ourt governs. /ection 56 1ule 555
provides that1
21;
211
;ection ). Institution of criminal and civil actions. 8 #hen a
criminal action is instituted, the civil action for the recovery of civil
liability is implied instituted with the criminal action, unless the
ofended party waives the civil action, reserves his right to institute
it separately, or institutes the civil action prior to the criminal action.
0 waiver of any of the civil actions etinguishes the others.
The institution of, or the reservation of the right to %le, any of said
civil actions separately waives the others.
In no case may the ofended party recover damages twice for
the same act or omission of the accused.
In cases wherein the amount of damages, other than actual, is
alleged in the complaint or information, the corresponding %ling fees
shall be paid by the ofended party upon the %ling thereof in court
for trial.
&ivil liability in the aforecited rule is predicted on the crime
committed by the ofender. If the civil liability arose from crimes
covered under $rticles *'& ** and *: and '/9; of the <ew Civil
Code& an independent civil action can be instituted& either before or
after the +ling of the criminal case& provided that in the latter case&
the o1ended party ma,es an e-press reservation to +le a separate
civil action. #hen a civil action is %led as stated above, the same is
suspended upon %ling of the criminal action, meaning, the trial is
not to be done until the criminal case is resolved or decided. This
rule, however, is not applicable if the civil liability that is separately
instituted, arises or originates from the provisions of 0rticles ,+, ,,
and ,3 of the &ivil &ode.
It is necessary, however that the civil liability under all said
articles arise from the same act or omission of the accused.
#hen the civil liability arising from the crime is diferent from
civil liability arising from the &ivil &ode, if civil liability is already
awarded in the criminal action, the ofender cannot again claim civil
liability arising from crime, and one arising from /uasi!delict.
Civil Liabilities vs. !ecuniary Liabilities
Ci"il Liability Pecuniary Liability
Includes reparation of damage
caused and indemni%cation for
conse/uential damages
Includes reparation of damages
caused and indemni%cation for
conse/uential damages
Includes restitution Foes not include restitution
Foes not include %nes and costs of
the proceedings
Includes %ne and the costs of the
proceedings
211
212
Art. 2GG. "ivil liability of a person guilty of felony. K ver" person
criminall" lia!le for a felon" is also civill" lia!le.
(asis:
obligation to repair or to make whole the damage caused to another b"
reason of an act or omission, whether done intentionall" or negligentl" and
whether or not punishable b" law
If the crime is one from which no civil liability may arise, like
Illegal $ossession of 5irearm -$.F. )B66 as amended by ..0. B+A3(,
or illegal sale, transport or possession of prohibited drugs -..0.
63++C as amended by ..0. H6CA(, the convict incurs no civil liability.
-ual character of the crime as against:
a5 the state because of the disturbance of peace and order
b5 the private person in6ured unless it involves the crime of treason,
rebellion, espionage, contempt and others where no civil liabilit"
arises on the part of the offender either because there are no
damages or there is no private person in&ured b" the crime
The civil liability of the accused may be enforced in the
criminal action or in a direct civil action. The choice is in the
ofended party. If his preference is to prosecute the civil action in the
criminal proceedings, he cannot be compelled to institute a separate
civil action instead. (Pp vs& 7uido, >? Phil& >()
-amage that ma" !e recovere# in criminal cases:
*rimes against persons, li#e crime of physical injuries whatever he spent
for treatment of wounds, doctorCs fees, medicines as well as salar" or
wages unearned
+oral 8amages* seduction, abduction, rape or other lascivious acts,
adulter" or concubinage, illegal or arbitrar" detention or arrest, illegal
search, libel, slander or an" other form of defamation, malicious
prosecution
0xemplary 8amages* imposed when crime was committed with one or
more aggravating circumstances
/!TE1+
a5 (f there is no damage caused b" the commission of the crime, offender is
not civill" liable
b5 9ismissal of the info or the crime action does not affect the right of the
offended part" to institute or continue the civil action alread" instituted
arising from the offense, because such dismissal does not carr" with it the
extinction of the civil one.
212
213
c) 'hen accused is ac2uitted on ground that his guilt has not been proven
be"ond reasonable doubt, a civil action for damages for the same act or
omission ma" be instituted
#hen during the trial what was established was only the civil
aspect of the case and the same facts adduced did not constitute a
crime, civil liability is also awarded. (Padilla vs& "ourt of #ppeals, '(:
+"!# >>F)
d) 6xemption from criminal liabilit" in favor of an imbecile or insane person,
and a person under : "rs, or over : but under 18 who acted w?
discernment and those acting under the impulse of irresistible force or
under the impulse of an uncontrolable fear of an e2ual or greater in&ur"
does not include exemption from civil liabilit".
e) Ac2uittal in the criminal action for negligence does not preclude the
offended part" from filing a civil action to recover damages, based on the
theor" that the act is 2uasi$delict
f) 'hen the court found the accused guilt" of criminal negligence but failed
to enter &udgement of civil liabilit", the private prosecutor has a right to
appeal for the purposes of the civil liabilit" of the accused. #he appellate
court ma" remand the case to the trial court for the latter to include in its
&udgement the civil liabilit" of the accused
#here the accused was convicted in a criminal case but the
court did not make any pronouncement on his civil liability, such
omission on the part of the court will not operate to prevent or bar
the ofended party to %le a separate civil action. (,achrach Aotors, Inc&
vs& 7amboa, 'G' Phil& '(':) ;ilence is the declaration that the same is
reserved by the complainant and will not operate as res adjudicata.
g) =efore expiration of the 18$da" for appealing, the trial court can amend the
&udgement of conviction b" adding a provision for the civil liabilit" of the
accused, even if the convict has started serving the sentence.
h) n independent civil action may be brought by the injured party during the
pendency of the criminal case provided the right is reserved& !eservation is
necessary in the ff cases/
1. an" of the cases referred to in Art 32 4violation of ones
fundamental rights5
2. defamation, fraud and ph"sical in&ur" 4bodil" in&ur" and not the
crime of ph"sical in&ur"54Art.335
3. civil action is against a member of a cit" or municipal police
force for refusing or failing to render aid or protection to an"
person in case of danger to life or propert"4Art.345
213
214
4. in an action for damage arising from fault or negligence and
there is no pre$existing contractual relation between the parties
42uasi$delict54Art.21./5
i) 4re6udicial Huestion one w?c arises in a case, the resolution of which is
a logical antecedent of the issue involved in said case and the cogni+ance
of which pertains to another tribunal.
The following reBuisites must be present1
'& The civil case involves facts intimately related with those of
the criminal case* and
(& The resolution of the issue or issues raised in the civil action
wherein the guilt or innocence of the accused would
necessarily be determined. (+ec& >, !ule ''', !!")
For the principle to apply, it is essential that there be 2 cases involved, a
civil and a criminal case. !re&udicial 2uestions ma" be decided before an"
criminal prosecution ma" be instituted or ma" proceed.
An independent civil action ma" be brought b" the in&ured part" during the
pendenc" of the criminal case, provided that the right is reserved
#hen the civil aspect of the case is not reserved but is
prosecuted in the criminal action, the ofended party may, by
appropriate motion, pray or ask the trial court to issue a writ of
preliminary attachment against the property of the accused as
security for the satisfaction of any judgment that may be awarded in
favor of the ofended party upon the termination of the case.
If the ofended party in a criminal case is represented by a
private prosecutor, he cannot %le a separate civil action.
If the ofended party is represented by a private prosecutor
and the latter did not produce evidence to prove civil liability and
the case was resolved without the evidence to prove civil liability
and the case was resolved without the court disposing of the civil
aspect of the case, the decision of the court shall operate as a bar to
the recovery of civil liability. In a criminal case, the presence of a
private prosecutor is justi+ed because of the civil aspect of the
case. 0s a rule, the moment the private prosecutor makes a
manifestation that the ofended party is reserving the civil aspect of
the case, he is immediately dis/uali%ed to appear as private
prosecutor. (!oas vs& dela "ru.)
0xtinction of the penal action does not carry with it the extinction of the
civil, unless the extinction proceeds from a declaration in a final &udgement
that the fact from which the civil might arise did not exist
214
218
In a criminal case, the civil liability of the employee is
enforceable against the employer if the former is insolvent.
Art. 2G2. !ules regarding civil liability in certain cases. K The e%emption
from criminal lia!ilit" esta!lishe# in su!#ivisions 2. 7. 6. = an# A of
article 27 an# in su!#ivision < of article 22 of this Co#e #oes not inclu#e
e%emption from civil lia!ilit". which shall !e enforce# su!:ect to the
following rules:
0irst. )n cases of su!#ivisions 2. 7. an# 6 of Article 27. the civil lia!ilit"
for acts committe# !" an im!ecile or insane person. an# !" a person
un#er nine "ears of age. or !" one over nine !ut un#er fifteen "ears of
age. who has acte# without #iscernment. shall #evolve upon those
having such person un#er their legal authorit" or control. unless it
appears that there was no fault or negligence on their part.
'houl# there !e no person having such insane. im!ecile or minor un#er
his authorit". legal guar#ianship or control. or if such person !e
insolvent. sai# insane. im!ecile. or minor shall respon# with their own
propert". e%cepting propert" e%empt from e%ecution. in accor#ance with
the civil law.
+econd. )n cases falling within su!#ivision < of Article 22. the persons for
whose !enefit the harm has !een prevente# shall !e civill" lia!le in
proportion to the !enefit which the" ma" have receive#.
The courts shall #etermine. in soun# #iscretion. the proportionate
amount for which each one shall !e lia!le.
,hen the respective shares cannot !e e$uita!l" #etermine#. even
appro%imatel". or when the lia!ilit" also attaches to the Government. or
to the ma:orit" of the inha!itants of the town. an#. in all events.
whenever the #amages have !een cause# with the consent of the
authorities or their agents. in#emnification shall !e ma#e in the manner
prescri!e# !" special laws or regulations.
)hird. )n cases falling within su!#ivisions = an# A of Article 27. the
persons using violence or causing the fears shall !e primaril" lia!le an#
secon#aril". or. if there !e no such persons. those #oing the act shall !e
lia!le. saving alwa"s to the latter that part of their propert" e%empt from
e%ecution.
General *ule* exemption from criminal liabilit" does not include exemption
from civil liabilit"
Exception* no civil liability in par B and Cof art &). !ar 1,2,3,8 and / are )<#
exempt from civil liabilit" although exempt from criminal liabilit"
,ho are civill" lia!le for:
a. acts of insane or minor exempt from criminal liability
218
21/
1. primaril" devolve upon perosns having legal authorit" or control
over him, if at fault or negligent 4except if proven that the" acted
w?o fault or w? due diligence5
2. if no fault or negligence, or even w? fault but is insolvent and
there are no persons having legal authorit" over them, the
propert" of the insane, minor or imbecile not exempt from
execution shall be held liable.
b. over $8 but under $# w. discernment
1. civil code sa"s parent 4dad then mom5S
2. guardians
3. minors own propert" where a guardian ad litem shall be
appointed
In actual practice, when a minor or an insane person is
accused of a crime, the court will in/uire who are the persons
eercising legal control upon the ofender. #hen the names of such
persons are made known to the court, they are re/uired to
participate in the proceedings, not only to help the accused in his
defense but also for said persons in legal authority to protect their
interests as persons primarily liable to pay the civil liability caused
by the minor or insane. They may, however, invoke the defense
embodied under $rticle '/() of the Kew &ivil &ode which provides
that in order to escape civil liability& the persons primarily liable
must prove that they observed all the diligence of a god father of a
family to prevent damages.
In the event that the minor or insane has no parents or
guardian, the court will appoint a guardian ad litem to protect the
interests of the minor or insane. In such a case, the court will render
judgment %ing the civil liability of the minor or insane and under
such a situation, the property of the minor shall be primarily liable in
the payment of civil liability.
Jfinal release of a child based on good conduct does not remove his
civil liabilit" for damages.
c. persons acting under an irresistible force or uncontrollable
fear
1. persons using violence or causing the fear are primaril" liable
2. if there are none, those doing the act
d. no civil liability in 6ustifying circumstances 6F%6!#* par 4 of Art
11, the one benefited b" the act is civill" liable.
21/
21.
e. civil liability in case of state of necessity
#hose who benefited b" the act and court shall determine the
proportionate amount for which each shall be liable. (f the
government or ma&orit" of the inhabitants are liable, such will be
determined b" special laws or regulations.
Art. 2G7. +ubsidiary civil liability of inn%eepers, tavern%eepers and proprietors
of establishments. K )n #efault of the persons criminall" lia!le. inn3eepers.
tavern3eepers. an# an" other persons or corporations shall !e civill"
lia!le for crimes committe# in their esta!lishments. in all cases where a
violation of municipal or#inances or some general or special police
regulation shall have !een committe# !" them or their emplo"ees.
)nn3eepers are also su!si#iaril" lia!le for the restitution of goo#s ta3en
!" ro!!er" or theft within their houses from guests lo#ging therein. or
for the pa"ment of the value thereof. provi#e# that such guests shall
have notifie# in a#vance the inn3eeper himself. or the person
representing him. of the #eposit of such goo#s within the inn; an# shall
furthermore have followe# the #irections which such inn3eeper or his
representative ma" have given them with respect to the care an#
vigilance over such goo#s. +o lia!ilit" shall attach in case of ro!!er"
with violence against or intimi#ation of persons unless committe# !"
the inn3eeperLs emplo"ees.
Elements of 4ar $+
1. #hat the innkeeper of the establishment or his emplo"ee committed
a violation of municipal ordinance or some general or special police
regulation
2. A crime is committed in such establishment
3. !erson criminall" liable is insolvent
#hen the foregoing circumstances are present in the
commission of the crime, the civil liability of the ofender shall also
be the civil liability of the owners of the establishments. ;uch civil
liability arises only if the person criminally liable is insolvent
because the nature of the liability of the innkeeper and the others is
only subsidiary.
Elements of 4ar "+
1. guests notified in advance the innkeeper of the deposit of such
goods w?in the inn
2. guests followed the directions of the innkeeper w? respect to the
care and vigilance over the such goods
3. such goods of the guest lodging therein were taken b" robber" w? force
upon things or theft
21.
21@
'hen all these are present, the innkeeper is subsidiaril" liable
No civil liability in case of robbery wJ violence against or intimidation of
person, unless committed b" the innkeeperCs emplo"ees
Actual deposit of the things of the guest to the innkeeper is not necessar",
it is enough that the" were within the inn.
The ,upreme *ourt ruled that even though the guest did not obey the rules
and regulations prescribed by the management for safe#eeping of the
valuables, this does not absolve management from the subsidiary civil liability.
)on$compliance with such rules and regulations b" the guests will onl" be
regarded as contributor" negligence, but it wonCt absolve the management
from civil liabilit".
Art. 2G6. +ubsidiary civil liability of other persons. K The su!si#iar"
lia!ilit" esta!lishe# in the ne%t prece#ing article shall also appl" to
emplo"ers. teachers. persons. an# corporations engage# in an" 3in# of
in#ustr" for felonies committe# !" their servants. pupils. wor3men.
apprentices. or emplo"ees in the #ischarge of their #uties.
Elements
a. emplo"er, teacher, person or corporation is engaged in an" kind of industr"
b. an" of their servants, pupils, workmen, apprentices of emplo"ees commits
a felon" while in the discharge of his duties which are related to the
business of his emplo"er
c. the said emplo"ee is insolvent and has not satisfied his civil liabilit"
Industry an" department or branch of art, occupation or business1
especiall" one w?c emplo"s so much labor and capital is a distinct
branch of trade
0ospitals are not engaged in industr"1 hence not subsidiaril" liable for acts
of nurses
!rivate persons w?o business or industr", not subsidiarill" liable
there is no need to file a civil action against the employer in order to enforce
the subsidiary civil liability for the crime committed by his employee, it is
enough that the writ of execution is returned unsatisfied.
In the trial of the case, if the court will allow the participation
of the employer to protect its civil liability, it cannot put up the
defense of diligence of a good father of a family. ;uch kind of
defense is available only if the action is based or predicated on
/uasi!delict under 0rticle +)B7 of the &ivil &ode.
21@
21:
Distinctions bet(een the civil liability of the employer
under 2rticle 5>8 of the .evised $enal &ode and his liability under
2rticle 75<> of the Kew &ivil &ode1
). $s to the source of the civil liability of the o1ender-employer.
2nder 0rticle )7, of the .evised $enal &ode, the civil liability
arises from crime, while under 0rticle +)B7, the obligation
arises from /uasi!delict.
'. $s to the nature of the liability of the employer.
The liability of the employer under the .$& is subsidiary, while
under the &ivil &ode, it is direct and primary*
*. $s to whether a separate complaint must be +led against the
employer.
2nder the .$&, the %ling of a separate complaint against the
operator for recovery of subsidiary liability is clear from the
decision of conviction against the accused. 2nder the &ivil
&ode, the complaint must be %led against the employer
because his liability is direct and primary.
:. $s to the necessity of previous conviction in a criminal case.
The .$& re/uires previous conviction of the ofender!
employer. ;uch is not re/uired under the &ivil &ode.
0. $s to the availability of the defense of the =e-ercise of
diligence of a good father of the family in the selection and
supervision of employee.>
This defense is not available to defeat the employer=s
subsidiary liability under the .$&. On the other hand, the &ivil &ode
allows such defense in favor of the employer.
0 judgment of conviction sentencing a defendant employee to
pay an indemnity is conclusive upon the employer in an action for
the enforcement of the latter=s subsidiary liability. (!otea vs& @alili, 'G:
Phil& J:>)
0c/uittal of the driver in the criminal case is not a bar to the
prosecution of the civil action based on /uasi!delict. The source of
obligation in the criminal case is 0rticle )7,, or obligations arising
from crime, while the civil action is based on 0rticle +)H6 or /uasi!
delict. 0rticle ))CH of the &ivil &ode provides that /uasi!delicts and
acts or omissions punishable by law are two diferent sources of
obligations&( irata vs& ;choa )
21:
22;
Art. 2G<. $hat is included in civil liability. K The civil lia!ilit"
esta!lishe# in Articles 2GG. 2G2. 2G7. an# 2G6 of this Co#e inclu#es:
2. Restitution;
7. Reparation of the #amage cause#;
6. )n#emnification for conse$uential #amages.
7irst remed" granted b" law is no. 1, in case this is not possible no. 2.
(n either case, no. 3 ma" be re2uired
Restitution in theft, the culprit is dut" bound to return the propert" stolen
Reparation in case of inabilit" to return the propert" stolen, the culprit
must pa" the value of the propert" stolen.
(n case of ph"sical in&uries, the reparation of the damage cause would
consist in the pa"ment of hospital bills and doctorCs fees to the offended
part"
)n#emnification the lost of salar" or earnings
C)B)L L)A()L)T)' PC/+)ARH L)A()L)T)'
(ncludes reparation and indemnification 3ame
(ncludes restitution 4return propert" taken5,
nothing to pa" in terms of mone"
)o restitution as the liabilities are to be
paid out of the propert" of the offender
)o fines and costs of proceedings (ncludes fines and costs of proceedings
Art. 2G=. !estitution& M @ow made. K The restitution of the thing itself
must !e ma#e whenever possi!le. with allowance for an" #eterioration.
or #iminution of value as #etermine# !" the court.
The thing itself shall !e restore#. even though it !e foun# in the
possession of a thir# person who has ac$uire# it !" lawful means.
saving to the latter his action against the proper person. who ma" !e
lia!le to him.
This provision is not applica!le in cases in which the thing has !een
ac$uire# !" the thir# person in the manner an# un#er the re$uirements
which. !" law. !ar an action for its recover".
#he convict cannot b" wa" of restitution, give to the offended part" a
similar thing of the same amount, kind or species and 2ualit". The very
thing should be returned.
(f the propert" stolen while in the possession of the third part" suffers
deterioration due to his fault, the court will assess the amount of the
22;
221
deterioration and, in addition to the return of the propert", the culprit will be
ordered to pa" such amount
General *ule+ the owner of the propert" illegall" taken b" the offender can
recover it from whomsoever is in possession thereof. #hus, even if the
propert" stolen was ac2uired b" a 3
rd
person b" purchase w?o knowing that
it has been stolen, such propert" will be returned to the owner.
Exception+ purchased in a public sale or auction in good faith
*estitution or restoration presupposes that the offended part" was divested
of propert", and such propert" must be returned. If the property is in the
hands of a third party, the same shall nevertheless be ta#en away from him
and restored to the offended party, even though such third part" ma" be a
holder for value and a bu"er in good faith of the propert", except when such
third party buys the property from a public sale where the law protects the
buyer.
(f the thing is ac2uired b" a person #nowing that it was stolen, then he is
an accessor" and therefore criminall" liable%liable under anti=fencing law5
#he third part" who ac2uired the stolen propert" ma" be reimbursed w? the
price paid therefor if it be ac2uired at 4a5 a public sale and 4b5 in good faith
Circumstances which bar an action for recovery+
1. #orrens title
2. 'hen sale is authori+ed
.hen the liability to return a thing arises from a contract, not from a
criminal act, the court cannot order its return in the criminal case.
-estitution ma" be ordered, even if accused is ac2uitted, provided the
offense is proved and it is shown that the thing belongs to someone else
The obligation of the offender transcends to his heirs, even if the offender
dies, provided he died after judgment became final, the heirs shall assume
the burden of the civil liability, but this is only to the extent that they inherit
property from the deceased, if they do not inherit, they cannot inherit the
obligations.
.hen crime is not against property, no restitution or reparation of the thing
can be done
,ome believed that this civil liability is true only in crimes against property, this
is not correct. -egardless of the crime committed, if the propert" is illegall"
taken from the offended part" during the commission of the crime, the court
ma" direct the offender to restore or restitute such propert" to the offended
part". It can only be done if the property is brought within the jurisdiction of
that court.
221
222
#he court has authorit" to order the reinstatement of the accused ac2uitted
of a crime punishable b" the penalt" of perpetual or temporar"
dis2ualification
If the property cannot be restituted anymore, then the damage must be
repaired, re2uiring the offender to pa" the value thereof, as determined b" the
court. That value includes the sentimental value to the offended party, not
only the replacement cost. =ut if what would be restored is brand new, then
there will be an allowance for depreciation, otherwise, the offended part" is
allowed to enrich himself at the expense of the offender.
Art. 2GA. !eparation& M @ow made& K The court shall #etermine the
amount of #amage. ta3ing into consi#eration the price of the thing.
whenever possi!le. an# its special sentimental value to the in:ure#
part". an# reparation shall !e ma#e accor#ingl".
+otes:
-eparation will be ordered b" the court if restitution is not possible
*eparation shall be
a5 the price of the thing
b5 its sentimental value
In case of human life, reparation of the damage cause is basicall" !8;,;;;.;;
value of human life, exclusive of other forms of damages. #his !8;,;;;.;;
ma" also increase whether such life was lost through intentional felon" or
criminal negligence, whether the result of dolo or culpa. lso in the crime of
rape, the damages awarded to the offended woman is generall" !8;,;;;.;;
for the damage to her honor.3upreme %ourt ruled that even if the offended
woman does not adduce evidence or such damage, court can take &udicial
notice of the fact that if a woman was raped, she inevitabl" suffers damages.

(f there is no evidence as to the value of the thing unrecovered, reparation
cannot be made
!a"ment b" the insurance compan" does not relive the offender of his
obligation to repair the damage caused
#he damages shall be limited to those caused b" the crime
Accused is liable for the damages caused as a result of the destruction of
the propert" after the crime was committed either because it was lost or
destro"ed b" the accused himself or that of an" other person or as a result
of an" other cause or causes
Art. 2GE. Indemnification M $hat is included& K )n#emnification for
conse$uential #amages shall inclu#e not onl" those cause# the in:ure#
222
223
part". !ut also those suffere# !" his famil" or !" a thir# person !"
reason of the crime.
Indemnity refers to crimes against persons1 reparation to crimes against
propert"
Indemnification of conse(uential damages refers to the loss of earnings, loss
of profits. #his does not refer onl" to conse2uential damages suffered b" the
offended part"1 this also includes conse2uential damages to third part" who
also suffer because of the commission of the crime.
(ndemnit" for medical services still unpaid ma" be recovered
*ontributory negligence on the part of the offended part" reduces the civil
liabilit" of the offender
#he civil liabilit" ma" be increased onl" if it will not re2uire an aggravation
of the decision in the criminal case on w?c it is based
#he amount of damages for death shall be at least 8;,;;;, even though
there ma" have been mitigating circumstances.
In addition+
1. pa"ment for the loss of the
earning capacit" of the deceased
2. if the deceased was obliged to
give support, the recipient who is not an heir, ma" demand support
from the defendant
3. the spouse, illegitimate and
illegitimate descendants and ascendants of the deceased ma"
demand for moral damages.
'oral damages may be recovered in the ff+
1. ph"sical in&uries
2. seduction, abduction, rape
3. adulter", concubinage
4. illegal or arbitrar" detention
8. illegal search
/. libel, slander, defamation
.. malicious prosecution
223
224
Exemplary damages ma" be imposed when the crime was committed
with one or more aggravating circumstances1 cannot be recovered as a
matter of right, the court will decide whether the" should be ad&udicated.
Indemni%cation also includes the award of attorney=s fees.
$rivate prosecutor is therefore entitled to the award of attorney=s
fees.
Art. 2GF. ;bligation to ma%e restoration, reparation for damages, or
indemnification for consequential damages and actions to demand the same M
*pon whom it devolves. K The o!ligation to ma3e restoration or reparation
for #amages an# in#emnification for conse$uential #amages #evolves
upon the heirs of the person lia!le.
The action to #eman# restoration. reparation. an# in#emnification
li3ewise #escen#s to the heirs of the person in:ure#.
#he heirs of the person liable has no obligation if restoration is not
possible and the deceased left no propert"
*ivil liability is possible only when the offender dies after final judgement.
(f the death of the offender took place before an" final &udgement of
conviction was rendered against him, the action for restitution must
necessaril" be dismissed.
0n action for damages by reason of wrongful death may be
instituted by the heirs of the deceased against the administrator or
eecutor of the estate of the deceased ofender. It cannot be
brought by the administrator of the victim=s estate.
Art. 2G5. +hare of each person civilly liable. K )f there are two or more
persons civill" lia!le for a felon". the courts shall #etermine the amount
for which each must respon#.
In case of insolvency of the accomplices, the principal shall be subsidiaril"
liable for their share of the indemnit" and in case of the insolvency of the
principal, the accomplices shall be subsidiaril" liable, &ointl" and severall"
liable, for the indemnit" due from said principal
.hen there are several offenders, the court in the exercise of its discretion
shall determine what shall be the share of each offender depending upon the
degree of participation as principal, accomplice or accessor". (f within each
class of offender, there are more of them, such as more than one principal or
more than one accomplice or accessor", the liabilit" in each class of offender
shall be subsidiar". An"one of them ma" be re2uired to pa" the civil liabilit"
pertaining to such offender without pre&udice to recover" from those whose
share have been paid b" another.
224
228
If all the principals are insolvent, the obligation shall devolve upon the
accomplice4s5 or accessor"4s5. =ut whoever pa"s shall have the right of
recovering the share of the obligation from those who did not pa" but are
civill" liable. In case the accomplice and the principal cannot pay, the liabilit"
of those subsidiaril" liable is absolute.
To relate with rticle D@, when there is an order or preference of pecuniar"
4monetar"5 liabilit", therefore, restitution is not included here.
There is not subsidiary penalty for non=payment of civil liability.
The owners of taverns, inns, motels, hotels, where the crime is committed
within their establishment due to noncompliance with general police
regulations, if the offender who is primaril" liable cannot pa", the proprietor, or
owner is subsidiaril" liable.
Felonies committed by employees, pupils, servants in the course of their
employment, schooling or household chores. #he emplo"er, master, teacher
is subsidiaril" liable civill", while the offender is primaril" liable.
Art. 22G. +everal and subsidiary liability of principals, accomplices and
accessories of a felony M Preference in payment& K +otwithstan#ing the
provisions of the ne%t prece#ing article. the principals. accomplices.
an# accessories. each within their respective class. shall !e lia!le
severall" (in soli#um) among themselves for their $uotas. an#
su!si#iaries for those of the other persons lia!le.
The su!si#iar" lia!ilit" shall !e enforce#. first against the propert" of
the principals; ne%t. against that of the accomplices. an#. lastl". against
that of the accessories.
,henever the lia!ilit" in soli#um or the su!si#iar" lia!ilit" has !een
enforce#. the person !" whom pa"ment has !een ma#e shall have a
right of action against the others for the amount of their respective
shares.
1ubsidiary liability will be enforced on+
1. first, against the propert" of the principal
2. second, against that of the accomplice
3. third, against that of the accessories
+llustration" Two principals, two accomplices and two
accessories were convicted in a homicide case, and the indemnity to
the heirs of the victim was %ed at $hp6,777.77. The /uota of the
principals was %ed at $hp,,777.77* the accomplices at $hp+,777.77
228
22/
and the accessories at $hp),777.77 and as between themselves, the
liability of each was J. If both principals were insolvent, their /uota
would be borne by the two accomplices whose liability would be
$hp+,C77.77 each for a total of $hpC,777.77, the /uota of both
principals and accomplices. If the accessories were insolvent, the
principals would bear their /uota. ;ubsidiarily and in default of the
principals, the accomplices would bear the /uota of the accessories.
Art. 222. ;bligation to ma%e restitution in certain cases. K An" person who
has participate# gratuitousl" in the procee#s of a felon" shall !e !oun#
to ma3e restitution in an amount e$uivalent to the e%tent of such
participation.
/otes+
1. #his refers to a person who has participated gratuitousl" in the
commission of a felon" and he is bound to make restitution in an amount
e2uivalent to the extent of such participation
2. #he third person must be innocent of the commission of the crime
otherwise he would be liable as an accessor" and this article will not appl"
Art. 227. 6xtinction of civil liability. K Civil lia!ilit" esta!lishe# in
Articles 2GG. 2G2. 2G7. an# 2G6 of this Co#e shall !e e%tinguishe# in the
same manner as o!ligations. in accor#ance with the provisions of the
Civil Law.
Civil liability is extinguished by+
1. pa"ment or performance
2. loss of the thing due
3. condonation or remission of the debt
4. confusion or merger of the rights of creditor and debtor
8. compensation
/. novation
<ther causes of extinguishment of obligations* annulment, rescission,
fulfillment of a resolutor" condition and prescription .
Civil liability may arise from
1. %rime $ -!%
2. =reach of contract $ %%
3. #ortious act %%
#he civil liabilit" from an" of these is extinguished b" the same causes
enumerated above
#he accused shall still be liable for the pa"ment of the thing stolen even if
it is lost or destro"ed
22/
22.
*ivil liability of the offender is extinguished in the same manner as civil
obligation is extinguished but this is not absolutel" true. :nder civil law, a civil
obligation is extinguished upon loss of the thing due when the thing involved
is specific. This is not a ground applicable to extinction of civil liability in
criminal case if the thing due is lost, the offender shall repair the damages
caused.
The judgment for civil liability prescribes in ten years. It may
be enforced by writ of eecution within the %rst %ve years and by
action for revival of judgment during the net %ve years. Insolvency
is not a defense to an action to enforce judgment.
Art. 226. ;bligation to satisfy civil liability& K %cept in case of e%tinction
of his civil lia!ilit" as provi#e# in the ne%t prece#ing article the offen#er
shall continue to !e o!lige# to satisf" the civil lia!ilit" resulting from the
crime committe# !" him. notwithstan#ing the fact that he has serve# his
sentence consisting of #eprivation of li!ert" or other rights. or has not
!een re$uire# to serve the same !" reason of amnest". par#on.
commutation of sentence or an" other reason.
/otes+
Bnless extinguished, civil liabilit" subsists even if the offender has served
sentence consisting of deprivation of libert" or other rights or has served
the same, due to amnest", pardon, commutation of the sentence or an"
other reason.
Bnder the law as amended, even if the subsidiary imprisonment is served
for non=payment of fines, this pecuniary liability of the defendant is not
extinguished.
'hile amnesty wipes out all traces and vestiges of the crime, it does not
extinguish the civil liabilit" of the offender. A pardon shall in no case
exempt the culprit from the pa"ment of the civil indemnit" imposed upon
him b" the sentence
"robation affects onl" the criminal aspect of the crime.
22.

Callanta Notes

Hochgeladen von

Dokumentinformationen

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Callanta Notes

Hochgeladen von

Copyright:

Verfügbare Formate

1

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA

Das könnte Ihnen auch gefallen