TITLE I: FELONIES

Justifying Circumstances (Art. 11)

1. SELF-DEFENSE. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent or repel it.
Third. Lack of sufficient provocation on the part of the person defending himself.
2. DEFENSE OF RELATIVES. Any one who acts in defense of the person or rights of his spouse,
ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity
in the same degrees and those consanguinity within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding circumstance are present, and the further requisite, in
case the revocation was given by the person attacked, that the one making defense had no part therein.
3. DEFENSE OF STRANGER. Anyone who acts in defense of the person or rights of a stranger, provided
that the first and second requisites mentioned in the first circumstance of this Art. are present and that
the person defending be not induced by revenge, resentment, or other evil motive.
4. AVOID INJURE/EVIL. Any person who, in order to avoid an evil or injury, does not act which causes
damage to another, provided that the following requisites are present;
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.
5. FULFILLMENT OF DUTY AND LAWFUL EXERCISE. Any person who acts in the fulfillment of a duty
or in the lawful exercise of a right or office.
6. OBEDIENCE TO SUPERIOR. Any person who acts in obedience to an order issued by a superior for
some lawful purpose.
Exempting Circumstances (Art. 12)
1. IMBECILE/INSANE PERSON. An imbecile or an insane person, unless the latter has acted during a
lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a felony (delito),
the court shall order his confinement in one of the hospitals or asylums established for persons thus
afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.
2. 9 YEARS OLD. A person under nine years of age.
3. ACTING WITH DISCERNMENT. A person over nine years of age and under fifteen, unless he has
acted with discernment, in which case, such minor shall be proceeded against in accordance with the
provisions of Art. 80 of this Code.
When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions
of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be
charged with his surveillance and education otherwise, he shall be committed to the care of some
institution or person mentioned in said Art. 80.
4. MERE ACCIDENT. Any person who, while performing a lawful act with due care, causes an injury by
mere accident without fault or intention of causing it.
5. IRRESISTIBLE FORCE. Any person who act under the compulsion of irresistible force.
6. UNCONTRABLE FEAR. Any person who acts under the impulse of an uncontrollable fear of an equal or
greater injury.
7. OMMISION BY LAWFUL CAUSE. Any person who fails to perform an act required by law, when
prevented by some lawful insuperable cause.
Mitigating Circumstances (Art. 13)
PRIVILEGED (to always be applied, in which the penalty is reduced by DEGREES and not by periods which
is the case for the ones not listed):
When there are 2 or more MC and no AC are present
Accused is under 18 years of age
Crime is not wholly inexcusable (Art. 69)
1. INCOMPLETE SELF-DEFENSE Those mentioned in the preceding chapter, when all the requisites
necessary to justify or to exempt from criminal liability in the respective cases are not attendant.

2. MINOR WITH DISCERNMENT AND OLD PERSON. That the offender is above 15 but below 18 and
acting with discernment or over seventy years. In the case of the minor, he shall be proceeded against in
accordance with the provisions of Art. 80.
3. PRAETER INTENTIONEM. That the offender had no intention to commit so grave a wrong as that
committed.
4. PROVOCATION/THREAT. That sufficient provocation or threat on the part of the offended party
immediately preceded the act.
5. IMMEDIATE VINDICATION. That the act was committed in the immediate vindication of a grave
offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within
the same degrees.
6. PASSION/OBFUSCATION. That of having acted upon an impulse so powerful as naturally to have
produced passion or obfuscation.
7. VOLUNTARY SURRENDER/CONFESSION. That the offender had voluntarily surrendered himself to a
person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to
the presentation of the evidence for the prosecution;
8. DEAF/DUMB/BLIND. That the offender is deaf and dumb, blind or otherwise suffering some physical
defect which thus restricts his means of action, defense, or communications with his fellow beings.
9. ILLNESS AND WILLPOWER. Such illness of the offender as would diminish the exercise of the willpower of the offender without however depriving him of the consciousness of his acts.
10. OTHERS. And, finally, any other circumstances of a similar nature and analogous to those above
mentioned.
Aggravating Circumstances (Art. 14)
1. ADVANTAGE OF PUBLIC POSITION. That advantage be taken by the offender of his public position.
2. INSULT TO PUBLIC AUTHORITIES. That the crime be committed in contempt or with insult to the
public authorities.
3. INSULT TO PERSON AND DWELLING. That the act be committed with insult or in disregard of the
respect due the offended party on account of his rank, age, or sex, or that is be committed in the dwelling
of the offended party, if the latter has not given provocation.
4. ABUSE OF CONFIDENCE/OBVIOUS UNGRATEFULNESS. That the act be committed with abuse of
confidence or obvious ungratefulness.
5. PALACE, DUTIES, WORSHIP. That the crime be committed in the palace of the Chief Executive or in
his presence, or where public authorities are engaged in the discharge of their duties, or in a place
dedicated to religious worship.
6. NIGHTTIME, UNINHABITED, MALEFACTORS. That the crime be committed in the night time, or in
an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the
offense.
Whenever more than three armed malefactors shall have acted together in the commission of an offense,
it shall be deemed to have been committed by a band.
7. CALAMITY OR MISFORTUNE. That the crime be committed on the occasion of a conflagration,
shipwreck, earthquake, epidemic or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons who insure or afford impunity.
9. RECIDIVIST. That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of this Code.
10. HABITUAL DELINQUENT. That the offender has been previously punished by an offense to which
the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter
penalty.
11. PRICE, REWARD, PROMISE. That the crime be committed in consideration of a price, reward, or
promise.
12. INUNDATIONS, GREAT WASTE AND RUIN. That the crime be committed by means of inundation,
fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive,
or by the use of any other artifice involving great waste and ruin.
13. EVIDENT PREMEDITATION. That the act be committed with evident premeditation.
14. CRAFT, FRAUD, DISGUISE. That the craft, fraud or disguise be employed.
15. SUPERIOR STRENGTH. That advantage be taken of superior strength, or means be employed to
weaken the defense.
16. TREACHERY. That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes against the person, employing means,
methods, or forms in the execution thereof which tend directly and specially to insure its execution,
without risk to himself arising from the defense which the offended party might make.
17. IGNOMINY. That means be employed or circumstances brought about which add ignominy to the
natural effects of the act.
18. UNLAWFUL ENTRYThat the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken.
20. UNDER 15, MOTORS, ETC. That the crime be committed with the aid of persons under fifteen years
of age or by means of motor vehicles, motorized watercraft, airships, or other similar means. (As
amended by RA 5438).
21. CRUELTY. That the wrong done in the commission of the crime be deliberately augmented by causing
other wrong not necessary for its commissions.
TITLE II: PERSONS CRIMINALLY LIABLE FOR FELONIES
TITLE III: PENALTIES
Penalty punishment imposed by lawful authority upon a person who commits an unlawful, deliberate, or
negligent act.
Some principles:
Art. 21 Only those penalties prescribed by law may be imposed.
Art. 22 Retroactive effect on penal laws only apply when its favorable for the guilty person (who
is not a habitual criminal) who is already serving the published sentence.
Art. 23 Pardon from the offended party will not extinguish criminal action except for Art. 344 but
civil liabilities will be waived, if done expressly by the said party.
Art. 24 The following will not be considered as penalties:
o Arrest and temporary detention of accused persons, detention by reason of insanity or
imbecility, or illness in which they are confined in a hospital.
o Commitment of a minor to the institutions in Art. 80.
o Suspension from employment/public office during trial or in order to start proceedings
o Fines and other corrective measures which superior officials may impose on subordinates in
lieu of administrative or disciplinary powers
o Deprivation of rights and reparations which civil law punishes in penal form.
Art. 70 Maximum duration of a convicts sentence shall not be more than three times the length
of time corresponding to the most severe penalty imposed. Maximum period cannot go beyond 40
years.
Condensed version of penalties
Classification
Scale (for applying
Duration
In/divisible****
MC/AC)
Capital punishment
Death
Indivisible
Afflictive penalties
Reclusion perpetua*
20 yrs + 1 day to 40 yrs
Indivisible**
Reclusion temporal
12 yrs + 1 day to 20 yrs
Divisible
Prision mayor
6 yrs + 1 day to 12 yrs
Correctional
Prision correctional
6 mos + 1 day to 6 yrs
penalties
Aresto mayor
1 mo + 1 day to 6 mos
Destierro
Indivisible
Light penalties
Aresto menor
1 day to 30 days
Divisble
Public censure
Indivisible
Fine***
* - Different from life imprisonment:
o Imposed by special law (unlike RP which is RPC)
o Does not have any definite extent/duration re: pardon (RP imprisonment for 30 years
convict becomes eligible)
o No accessory penalties (unlike RP)
**- must be imposed in its entire duration
*** - afflictive if >Php6000; correctional if Php200>Php6000; light if <Php200

**** - Indivisible are those with no fixed duration; whereas, divisible penalties are those with a fixed
duration and can be divided into 3 periods.
Preventive Imprisonment - incarceration undergone by a person accused of a crime which is
not bailable or even if bailable, cannot afford to post the bond. During the trial of his case, he is
in jail and is known as a detention prisoner. (Note: when accused has undergone such imprisonment
for a period equal or more than the possible maximum imprisonment of the offense charged to which he
may be sentenced and case is not yet terminated, he shall be released immediately. He must agree in
writing to abide by disciplinary rules imposed on convicted prisoners if he is to be credited fully. If he does
not agree, only 4/5 of time he was under such will be deducted. [Art. 29] The trial will proceed, though. If
he is acquitted, he will have no criminal record. But if faced with conviction criminal records but no more
imprisonment. This DOES NOT apply to a recidivist or one who has been convicted twice or more or when
the person failed to surrender voluntarily despite summons to do so.)
Subsidiary imprisonment personal penalty prescribed by law in substitution of the payment of
fine embodied in the decision when the same cannot be satisfied because of culprits
insolvency. (Note: No such imprisonment if penalty is more than 6 years. The subsidiary imprisonment
will not exceed 1/3 of the principal penalty, or 1 year whichever is lesser.)
Duration of divisible penalties
Penalties
Entire duration
Minimum period
Medium period
Maximum period
Reclusion
temporal

12 yrs + 1 day to
20 yrs

12 yrs + 1 day to
14 yrs + 8 mos

Prision mayor

6 yrs + 1 day to
12 yrs
6 mos + 1 day to
6 yrs

6 yrs + 1 day to 8
yrs
6 mos + 1 day to
2 yrs + 4 months

1 mo + 1 day to 6
mos
1 day to 30 days

1 mo to 2 mos.

Prision
correctional,
suspension,
destierro
Arresto mayor
Arresto menor

If you
o
o
o

1 day to 10 days

14 yrs + 8 mos +
1 day to 17 yrs +
4 mos
8 yrs + 1 day to
10 yrs
2 yrs + 4 mos + 1
day 4 yrs + 2
mos

17 yrs + 4 mos +
1 day to 20 yrs

2 mos +1 day to 4
mos.
11 to 20 days

4 mos + 1 day to
6 mos
21 to 30 days

10 yrs + 1 day to
12 yrs
4 yrs + 2 mos 6
yrs

forget the periods, just follow the steps:

Step 1: get the duration of each period
Step 2: divide that by 3
Step 3: add the quotient to the beginning of each period starting with the minimum

STEPS IN ASCERTAINING THE PENALTY TO IMPOSE (already assuming that the person is found to be
criminally liable. Before this, also check if they fall under the EXEMPTING OR JUSTIFYING circumstances)
Whats the crime?
Whats the penalty prescribed by law?
What are the circumstances?
Apply now the appropriate (in terms of period):
o No aggravating and no mitigating medium period
o Mitigating only minimum period
o Aggravating only maximum period
o Some of both offset, then apply the above rules
o Two or more mitigating with no aggravating lower the penalty one degree but always in
the proper period
Note: Privileged mitigating always considered whether divisible or indivisible penalty,
and this will be in terms of DEGREES.
What was this persons participation in the crime?
What was the stage of execution?
Apply:

How to apply, in
degrees
Principal
Accomplice
Accessory

Consummated

Frustrated

Attempted

As provided by law
-1
-2

-1
-2
-3

-2
-3
-4

Rule when both MC and AC are present (Art. 62):

AC which constitute a crime in itself which is specially punishable by law or is included by the law in
defining a crime shall NOT INCREASE THE PENALTY
o By means of fire for arson
o Crime inside the dwelling for trespass to dwelling
o By means of poison for murder using poison
AC which are inherent in the crime to a degree that it is necessary in committing a crime shall NOT
INCREASE THE PENALTY
o Abuse of confidence for qualified theft
AC/MC which arise from the moral attributes of the offender or his private relations with the
offended party or personal cause SHALL AGGRAVATE OR MITIGATE THE LIABILITY TO WHOM THEY
ARE ATTENDANT
o XYZ conspired to kill W, who is Xs brother-in-law. Z committed the crime with evident
premeditation whereas Y is a recidivist.
AC of evident premeditation only to Z
AC of recidivism only to Y
AC (in terms of alternative circumstance) for relatives only to X
o MC of abandonment by husband applies both to wife and her lover because their act is one
Circumstances which are material in the execution of the act or that the means employed will serve
to aggravate or mitigate those who had knowledge of them at time of execution.
o ABC agree to kill X. Armed with guns they went to Xs house. A stayed in the yard as a
lookout. B and C saw X sleeping and killed him.
Treachery of C will affect ONLY AFFECT B because the latter was aware of the
treacherous act/
However, A's liability will not be aggravated by treacher because he had no
knowledge.
o ABC agree to kill X. A put poison in Xs drink. B saw and C didnt. X died.
AC only applies to A and B.
Other effects of penalty (Art. 45)
Penalties carry with it forfeiture of the proceeds of crime and instruments/tools with which it was
committed.
o Instruments and tools government UNLESS property of 3rd person not liable for offense
o But those which are not subjects of lawful commerce will be destroyed.
Complex crimes when a single act constitutes 2 or more grave or less grave felonies OR when an offense
is a necessary means for committing the other, the penalty for the most serious crime shall be imposed in
its maximum period.
Not applicable for special complex crimes like robbery with homicide/rape/arson or rape with arson
Applies only when no specific penalty is stated in the law
2 types of complex crimes
o COMPOUND CRIME (a single act constitutes 2 or more grave/less grave felonies)
Ex. A shot B but missed. Instead, killed X, As father.
Ex. Y hit the car of W which hit As car 2 cars damaged
o COMPLEX CRIME PROPER (offense is a necessary means of committing the other)
Government worker got Php10,000 from taxpayer and placed Php1,000 in the receipt
and used Php9,000. Guilty of malversation through falsification of a public document.
(Falsification was necessary)
In estafa through falsification, a casual employee encashed money by affixing
signature. Not complex crime like above because he was not an accountable officer
like the government worker.

Accused used intimidation and brought the victim to a building and raped her.
Complex crime of forcible abduction with rape.
One offense should not be punishable under another law. Both must be from RPC.
o So, for illegal possession of firearm (IPF) and the same was used for murder, cannot be
considered as complex crime because IPF is under a special law
One can be convicted only of rebellion when the robberies, murders, etc. were done to rebel and
further the rebellion. However, if one did it only for personal motives, it will be punished separately
even if simultaneous with rebellious acts.

Continuing crime a single crime consisting of a series of acts arising from one criminal resolution or
intent not susceptible of division
Taking of several cows belonging to different owners while committed through several acts one
crime when perpetrated during the same occasion
BUT in a train where a person murdered different people it was not a continuing crime and was
charged with 8 murders. Why? Because it was susceptible of division by jurisdiction while train was
passing through different cities.
Indeterminate Sentence imposing a prison sentence for an offense punished by RPC to which an
indeterminate sentence, the maximum term of which shall be, in view of the circumstance, could be
imposed under this Codes rules and minimum within the range of the next lower penalty prescribed by
the Code. If punished by another law, the court shall sentence the accused to an indeterminate sentence,
the maximum term will not exceed the maximum fixed by law and the minimum not less than the
minimum prescribed.
The following can NOT avail of the benefits of the ISL:
o Based on Penalties
Convicted and punished with death, LI, RP (for purposes of ISL: LI and RP are
synonymous)
Maximum term of imprisonment does not exceed one year
Non-prison sentences of fine, destierro, disqualification, etc
o Based on Offenses
Convicted of treason, misprision of treason, rebellion, sedition, espionage, piracy
o Based on Offenders
Habitual delinquents
Those who escaped from confinement or evaded sentence
Committed crimes while on parole
Violated conditional pardon
Probation disposition under which the defendant, after conviction and sentence is released subject to
conditions imposed by the court and to the supervision of a probation officer
Probation is a mere privilege, not a right.
REMEMBER: if you file an appeal, you lose probation. If you file for probation, you cannot appeal.
o Appeal and probation are mutually exclusive.
Except under RA 9344, which allows probation even if you appeal.
If you apply for probation, judgment is suspended, the accessory penalty included.
o But the civil liability is NOT suspended.
Even when the probation is granted, a writ of execution for the civil liability can still
be enforced. Civil liability is not extinguished by a grant of probation.
Following are disqualified from applying for probation:
o Sentenced to a max term of more than 6 years imprisonment
o Convicted of subversion or any crime against national security or the public order
o Previously convicted by final judgment of offense punished by imprisonment of not less than
1 month and 1 day and/or fine of not less than P200
o Once been on probation (you can do probation once)
o Convicted of drug pushing (DDA)
o Convicted of terrorism (Anti-Terrorism Act)
o Already serving sentence upon the effectivity of the law
o Those who already perfected appeals
Multiple prison terms should not add up. Sum total not determinative of eligibility or disqualification
for probation.

TITLE IV: EXTINCTION OF CRIMINAL LIABILITY

Criminal Liability is extinguished by (Art. 89)
Death of the convict*
Service of the sentence
Amnesty
Absolute Pardon
Prescription of crime
Prescription of penalty
By marriage of the offended woman as provided in Art. 344
* Death of convict as to personal liabilities; pecuniary liabilities will be extinguished if death came before
final judgment
Criminal Liability is partially extinguished by (Art. 94)
Conditional pardon
Commutation of the sentence
Good conduct allowances
How to qualify for allowance for good conduct, ___ days deducted for each month of good behavior (Art.
97)
1-2 years into imprisonment 20 days
3-5 years 23 days
6-10 years 25 days
11- +++ years 30 days
Anytime during period of imprisonment he/she will study/teach/give mentor service
15 days
Special time allowance for loyalty on occasion of calamity (Art. 98)
If evaded service by leaving AND DOES NOT surrender within 48 hours of issuance of the President
of the end of calamity INCREASE 1/5 of time still remaining to be served in prison [but
should not be more than 6 mos.] (Art. 158)
If evaded service by leaving AND surrenders within 48 hours of issuance of the President of the end
of calamity DECREASE 1/5 of period of his sentence
If stayed in the penal institution despite calamity DECREASE 2/5 of period of sentence
*applies to those undergoing preventive imprisonment or serving sentence
Prescription of Penalties imposed by final sentence (Art. 92)
Range
o Death and reclusion perpetua 20 years
o Other afflictive penalties (reclusion perpetua, reclusion temporal, prision mayor,
perpetual/temporary absolute/special disqualification) 15 years
o Correctional penalties (prision correccional, suspension, destierro) 10 years
Except arresto mayor 5 years
o Light penalties (arresto menor, public censure) 1 year
Notes:
o Must have been imposed by final judgment
o Offender must be serving the sentence, must have escaped and committing the crime of
evasion of service/sentence
o The prescription runs form day of his escape (Art. 93)
o If within the period he should give himself up, or be captured, or go to a foreign country, or
commit another crime period is interrupted and penalty will not prescribe anymore. (Art.
93)
o Marriage of the offender with offender in crimes of Seduction, Abduction, Rape and Acts of
Lasciviousness (SARA), the criminal action will be extinguished or the penalty will be
remitted (Art. 344).
o But the marriage must be in good faith.
o Will apply to all authors of the crime ONLY if good faith.

But multiple rapes, the principle will not apply.

Prescription of crimes
Definition: forfeiture of loss of the States right to prosecute an offender or file criminal
action after the lapse of a certain period of time
Range: (Art. 90)
o Death, reclusion perpetua, reclusion temporal 20 years
o Crimes punshiable by other afflicitive penalties prision mayor,
perpetual/temporary absolute/special disqualification) 15 years
o Punishable by correctional penalty (prision correccional, suspension, destierro)
10 years
Except arresto mayor 5 years
o Crime of libel and other similar offenses 1 year
o Oral defamation and slander by deed 6 months
o Light offenses 2 months (as in calendar month)
o Compound penalties highest penalty shall be made basis for the ones covered by
20, 15, and 10 years
Period will commence from day of discovery of the crime by the offended party, the authorities or
agents (Art. 91)
Period will be interrupted by filing of the complaint/information and shall commence to run again
when proceedings terminate without the accused being convicted or acquitted or are unjustifiably
stopped for any reason not imputable to him (Art. 91)
More prescription periods
o Criminal cases covered by Rule on Summary Procedure will be covered by Rules of Court
60 days
o Prescription of Falsification of public documents begins from registration of the falsified
document in the register of deeds since its considered as official notice to the whole world
o Bigamy commences to prescribe from discovery by the offended party or authorities, not
when bigamous marriage is registered to the LCR
Amnesty sovereign act of oblivion for past acts, granted by the Government to a certain class
of persons, charged or guilty of crime, usually political offenses and often conditioned upon
their return to obedience and duty within a prescribed time
Pardon an act of grace, which exempts an individual on whom it is bestowed from the
punishment the law inflicts for the crime he has committed
*Pardon should come from the President, and not the offended party for the pardon to extinguish criminal
liability. Pardon from the latter will only extinguish civil liability. CASARA pardons will extinguish the civil
liability ONLY if given BEFORE the institution of criminal action.
Pardon
Amnesty
Granted by the Chief Executive, a private act
Amnesty by Proclamation of the Chief Executive
which must be pleaded and proved by the person
with the concurrence of Congress, and it is a
pardoned, because the courts take no notice
public act of which the courts should take judicial
thereof
notice
Granted to one after conviction
Granted to classes of persons or communities
who may be guilty of political offenses, generally
before or after the institution of the criminal
prosecution and sometimes after conviction
Looks forward and relieves the offender from the
Looks backward and abolishes and puts into
consequences of an offense of which he has been
oblivion the offense itself, it so overlooks and
convicted, that is, it abolished or forgives the
obliterates the offense with which he is charged
punishment, and for that reason it does ""nor
that the person released by amnesty stands
work the restoration of the rights to hold public
before the law precisely as though he had
office, or the right of suffrage, unless such rights
committed no offense
be expressly restored by the terms of the pardon,"
and it "in no case exempts the culprit from the
payment of the civil indemnity imposed upon him
by the sentence" article 36, Revised Penal Code)