Art 16 Who are criminally liable (for grave and less grave 1-3, for light felonies 1-2)

1. Principals
2. Accomplices
3. Accessories
Art 17 - Principals
1. By direct participation
Requisites:
a. Participated in the criminal resolution (collective criminal responsibility-conspiracy)
b. Carried out the plan and personally took part in the execution , by acts which directly tended
to the same end
2. By induction
Ways:
a. By forcing another
i. By using irresistible force
ii. Causing uncontrollable fear
b. By inducing another
i. By giving price, reward or promise
ii. Using words of command
Requisites to be liable
One uttering command has intention of procuring the crime
Command must have an ascendency or influence over the person who acted
Words were so direct, efficacious and powerful to amount to coercion
Uttered prior to the commission of the crime
Executor has no personal reason to commit crime
3. By indispensible cooperation
Art. 18 ACCOMPLICE
One who does not take direct part in the commission of the act, induces another and does not cooperate in
the commission of the criminal act, yet cooperates in the execution of the act by previous or simultaneous
actions
Accomplice
They know and agree with the criminal
design
Come to know criminal intention after
principal have reached a decision
Only concurs the decision, assent and
cooperate accomplishment; are the
instruments only

Conspirator
-sameKnow the criminal intention because they
decided it themselves
Decide that the crime should be committed;
are the authors of the crime

ART 19 ACCESSORIES -Those who have knowledge of the crime without having participated therein either
as principal or accomplice, take part by:
1. Profiting themselves or assisting the offender
2. By concealing or destroying the body of the crime to prevent discovery
3. By harboring , concealing or assisting in the escape of the principal of the crime
ART 20 Accessories who are exempt from criminal liability when principal is his:
1.
2.
3.
4.

Spouse
Ascendant / descendant
Legitimate, natural or adopted sibling
Relative by affinity within the same degree

ART 21-24 PENALTY

Is the suffering that is inflicted by the state for transgressing the law

No crime if there is no law punishing it (art 21)

Penal laws have retroactive effect if it favors the accused and if he is not a habitual delinquent( art
22)
Pardon does not extinguish criminal action because it is a crime against the state (art 23) except
marriage between offender and offended party

If not imposed by judicial proceeding, not a penalty (art 24); temporary detention, institutions for
criminal minors, suspension from employment, fines, deprivation of rights by the civil law

ART 25-26 classification of penalties accdg to gravity and their fines

PRINCIPAL PENALTIES
1.

2.

3.

Afflictive penalties over P6000.00

Reclusion perpetua
Reclusion temporal
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prision mayor
Correctional penalties P200-P6000
Prision correctional
Arresto mayor
Suspension
Destierro
Light penalties less than P200
Arresto menor
Public censure

ACCESSORY PENALTIES

Perpetual or temporary absolute disqualification

Perpetual or temporary special disqualification
Suspension from public office
Civil interdiction
Forfeiture or confiscation of instruments
Payment of costs

Art 27 DURATION OF PENALTIES

1. Reclusion perpetua = 20.01 40 yrs
2. Reclusion temporal = 12.01 20 yrs
3. Prision mayor and temporary disqualification = 6.01 yrs to 12 yrs exc if disqualification is accessory
penalty
4. Prision correctional, Suspension and Destierro = 6.01 months to 6 years exc if suspension is
accessory
5. Arresto mayor = 1.01 month -6 months
6. Arresto menor = 1 day to 1 month/ 30 days
Art 28 Computation of penalties
1. When offender is in prison duration of temporary penalty (ex. Temporary absolute/special and
suspension) is from the day of final conviction
2. If not in prison duration of penalty consisting in deprivation of liberty (ex. imprisonment and
destierro) is from the day he is placed at the disposal of the judicial authorities
3. Other penalties is from the day he commences to serve his sentence
Art 29 Period of preventive imprisonment, consisting deprivation of liberty, is deducted from the term of
imprisonment except if the is a recidivist or those summoned to fir execution of sentence but failed to
surrender voluntarily (full time if detention prisoner agrees voluntarily in writing, if not agree four fifths)
Art 30 35
Perpetual absolute disqualification is effective during the lifetime of the convict and even after the
service of the sentence
Temporary absolute disqualification lasts during the term of the sentence and is removed after the
service of the seame
Effects of Civil interdiction, deprivation of:
a. rights of parental authority/ guardianship
b. marital authority
c. right to manage property

Art 36 PARDON exercised only after convicted and does not extend to cases of impeachment, does not
include civil liability (except if offended party waives it).

Costs (fees and indemnities) are expenses of litigation chargeable to the accused in cases of
conviction, if acquittal costs are de officio meaning each party bears expenses (art 37)
PECUNIARY LIABILITIES(art 38) when property of offender is not sufficient for payment, it shall met
in the ff order: reparation of damage, indemnification, fine, costs of proceedings.
SUBSIDIARY PENALTY (art 39) if convict has no property, he shall be subject to a subsidiary
personal liability at the rate of P8.00 per day.
*this applies only to prision correccional, arresto mayor/menor, suspension, destierro, and fine ONLY
o Prision correctional/ arresto AND fine = subsidiary imprisonment must not exceed 1/3 of the
term of sentence or 1 year or 365 days.
o If fine only = not exceed 6 months if grave and less grave felony and light felony not exceed
15 days (if exactly P200 apply art 9)
o If higher than prision correctional, no fixed duration= no subsidiary imprisonment (6 years
and 1 DAY)

Art 40 45

Accessory penalties need not be expressly imposed, they are deem imposed because accessories
follow the principal
Principal penalty determines jurisdiction
Destierro has no accessory penalty as provided in the law
Courts cannot order the confiscation of propert belonging to a 3rd person if the latter is not indicted
(art 45)
Instruments of the crime belonging to a 3rd person may be recovered but it is submitted in evidence
or placed at the disposal of the court cannot be recovered

Art 46-49 Application of penalties

Graduation of degrees refers to stages of execution (consummated, frustrated or attempted)
Degree of the criminal participation principal, accomplice, accessory
Period of penalty maximum, minimum and medium
PENALTY FOR COMPLEX CRIME (art 48)
If 2 or more grave and less grave crimes are committed as a result of a single act, or an offense must be a
necessary means for committing another, the PENALTY for the most serious crime shall be imposed
Complex crime 2 or more crimes committed which constitute one crime in the eyes of the law, one
criminal intent or impulse.
2 kinds of COMPLEX crime
1. Single act constitutes 2 or more grave or less grave felonies (compound crime)
2. When an offense is a necessary means for committing the other(complex proper crime)
a. At least 2 offenses
b. One must be necessary to commit the other
c. All are punished in the same statute
No complex crime in rebellion. Murder, arson, robbery are mere ingredients in rebellion
Kidnapping with murder is a special complex crime
Case: falsification of docs by an accountable officer, is an offense NECESSARY to commit malversation,
thus, a complex crime
Plurality of crimes consists in the successive execution by the same individual of different criminal acts
upon any of which no conviction has yet been declared
1. Formal or ideal plurality there is one criminal liability
2. Material or real plurality different crimes in law as well as in the conscience of the offender
Continued crime is a single crime, consisting of a series of acts but all arising from one criminal
resolution, NOT A COMPLEX CRIME, this is not a single act but a series of acts

Penalty imposed upon the principals when the crime committed is different form that which is
intended = lower penalty at in its maximum period (art 49)
Art 49 applies ONLY to mistake in the identity

Art 50 57
Consummated
Principal
0
Accomplice
1
Accessory
2
1-4 = degrees lower from the principal

Frustrated
1
2
3

Attempted
2
3
4

Degree one entire penalty enumerated in the graduated scales provided on art 71

Penalty for impossible crime is arresto mayor or a fine of 200-500, this has penalty because of
social danger and degree of criminality shown by the offender

Article 61 GG haha.. basta rule is, if divisible( 3,2,1 period) the next penalty consisting in the (3,2,1)
periods down the scale is used ( scale in art 71)
Art 62
Habitual Delinquent if within 10 yrs from date of last release of last CONVICTION of a series/less serious
physical injuries, robbery, theft ,estafa, falsification, he is found guilty of any of the said crimes :Requisites
1. Offender was convicted
2. After conviction, he has committed within 10 yrs for any of the said crimes for the 2 nd time
3. After conviction of the 2nd offense, he committed again within 10 yrs for the 3rd time
ARTICLE 71 GRADUATED SCALE : SCALE 1

Reclusion perpetua
Reclusion temporal
Prision mayor
Prision correccional
Arresto mayor
Destierro
Arresto menor
Public censure
Fine

SCALE 2

perpetual absolute disqualification

temporary absolute
suspension
public censure
fine

Articles 70 and 71 compared:

Article 70 classifies the penalties, for the purpose of the successive service of sentences, according to their
severity
Article 71 provides for the scales which should be observed in graduating penalties by degrees in
accordance with article 61. This speaks of lower or higher penalty.
In article 71, destierro is placed above arresto menor because it is classified as a correctional penalty thus,
higherc than arresto menor, a light penalty. While in article 70, destierro is placed under arresto menor,
because of its severity, it is considered lighter than arresto menor.
Art 76 Legal period, divided into 3 parts :How:
1. subtract the max from the min
2. divide the difference by 3
3. use min as minimum and add the difference from no. 2
PENALTY

Entire period

Minimum period

Medium

Maximum

Reclusion
temporal
Prision mayor,
absolute/special
disqualification

12.01 years to
20 yrs
6.01 years to 12
years

12.01 to 14 yrs
and 8 mos
6 .01 years to 8
years

14.81 to 17.40

17.41 to 20 yrs

8.01 to 10 years

10.01 to 12 year

Prision
correccional,
suspension and
destierro
Arresto mayor

6.01 months- 6
years

6.01 months to
2 yrs and 4 mos

2.40 yrs to 4.20

4.21 to 6.01

1.01 month 6
1 to 2 months
2.01 mos to 4
4. 01 mos to 6
months
months
mos
Arresto menor
1 30 days
1 to 10 days
11-20 days
21 to 30 days
Complex penalty it is a penalty prescribed by law composed of three distinct penalties, each forming a
period; the lightest of them shall be the minimum, the next medium and the most severe the maximum
period.
INDETERMINATE SENTENCE LAW
Is to uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of
personal liberty and economic usefulness
Indeterminate Sentence Law not applicable: (Disqualifications)
1. Persons convicted of offenses punished with death penalty or life imprisonment
2. Those convicted of treason, conspiracy, or proposal to commit treason
3. Those convicted of misprision of treason, rebellion, sedition, or espionage
4. Those convicted of piracy
5. Those who are habitual delinquents
6. Those who shall have escaped from confinement or evaded sentence
7. Those who violated the terms of conditional pardon granted to them by the chief executive
8. Those whose maximum term of imprisonment does not exceed 1 year
9. Those who, upon the approval of the law (Dec. 3, 1933) had been sentenced by final judgment
10. Those sentenced to the penalty of destierro or suspension
PROBATION
a disposition under which a defendant, after conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation officer. ( this affects only the criminal aspect of
the crime.
Purpose of the decree establishing a probation system (Three fold purpose)
1. Promote the correction and rehabilitation of an offender by providing him with individualized
treatment
2. Provide an opportunity for the reformation of a pertinent offender, which might be less probable if
he were to serve a prison sentence
3. Prevent the commission of offenses.
For how long may a convict be placed on probation
1. If the convict is sentenced to a term of imprisonment of not more than one year, the period of
probation shall not exceed two years
2. In all other cases, if he is sentenced to more than one year , said person shall not exceed six years
Offenders disqualified from being placed on probation
1.
2.
3.
4.
5.

If sentenced to serve a max term of imprisonment for more than 6 years

Convicted of subversion or crime against national security
Convicted by final judgment of not less than 1 month and 1 day and/or a fine of not more than P200
Once on probation
Already serving the sentence

Art 79 RULES REGARDING EXECUTION AND SERVICE OF PENALTIES IN CASE OF INSANITY

1. If became insane or imbecile AFTER final sentence suspended only as regards the personal
penalty
2. If he recovers his reason executed unless prescribed
3. If WHILE serving the sentence follow no.2
4. PAYMENT of civil or pecuniary liabilities NOT SUSPENDED
CIVIL LIABILITY OF YOUTHFUL OFFENDERS, devolve upon the:
1.
2.
3.
4.

Father
Mother
Guardian
Relative/family

PERSONS WHO MAY WITNESS EXECUTION

1.
2.
3.
4.
5.

Priests assisting the offender

Offenders lawyers
Relatives not exceeding 6
Physician
Necessary personnel of penal establishment

ART 89 How criminal liability is totally extinguished:

1. By death of the convict, as to the personal penalties; as to pecuniary penalties, liability therefore is
extinguished only when the death of the offender occurs before final judgment
2. By service of the sentence
3. By amnesty
4. Absolute pardon
5. Prescription of the crime
6. Prescription of the penalty
7. Marriage of the offended woman
AMNESTY VS PARDON
PARDON
Include any crime and is exercised
individually by the president
Must be convicted
Looks forward and no restore the offender
his rights
*both do not extinguish civil liability

AMNESTY
Is a blanket pardon to classes of persons who
are found guilty of political offenses
Before or after trial
Looks backward and abolishes the crime as
though he had committed no offense

Art 90 - PRESCRIPTION OF CRIME forfeiture of the right of the state to prosecute the offender after the
lapse of a certain crime

Afflictive penalties 15 years

Correctional penalty , destierro 10 years
Arresto mayor 5 years
Libel 1 year
Oral defamation or grave slander by deed 6 months
Light offenses, simple slander, arresto menor (fine below P200) 2 months

If compound, use the highest penalty

COMPUTATION of the prescription of crime
1. Prescription runs from the day on which the crime is discovered by the OFFENDED PARTY,
AUTHORITIES OR THEIR AGENTS ONLY
2. Interrupted by filing of complaint
3. Run again when proceedings are terminated without conviction or acquittal
4. Do not run if offender is absent from the philippines
Art 92 - PRESCRIPTION OF PENALTY forfeiture of the state to EXECUTE the final SENTENCE after the lapse
of a certain time

Death and reclusion perpetua 20 years

Afflictive penalties 15 years
Correctional penalties 10 years
Arresto mayor - 5 years
Light penalties 1year

*penalty must be imposed by FINAL sentence

Less than P200-light felony
Not less than P200 correctional penalty
If P200 if issue is prescription of penalty then art 26 prevails, a correctional penalty
COMPUTATION of the prescription of penalties
1. Prescription runs from the date the convict evades his sentence
2. It is interrupted if the convict:
a. Give himself up

b. Captured
c. Goes to a foreign country which we do not have extradition treaty
d. Commits another crime before the expiration of the prescription period
Art 91 Partial extinction of criminal liability
1. Conditional pardon must comply strictly with the conditions, failure to comply results to revocation
of pardon and be liable under art 159
2. Commutation of sentence have the effect of substituting the different sentence to the original
one.
3. Good conduct allowances are deductions from the term of sentence for good behavior
a. First 2 yrs deduction of 5 day/month
b. 3 to 5 yrs 8 days/month
c. Ff yrs 10 years 10 days/month
d. 11 year and above 15 days/month
*no allowance if released on conditional pardon
Director of prisons grants the allowance
4. Parole consist in the suspension of the sentence after serving the minimum term or the
indeterminate penalty.
Art 103 SUBSIDIARY CIVIL LIABILITY ; Elements:
1. Employer, teacher, person engaged in INDUSTRY
a. Enterprise not conducted as a means of livelihood or for profit does not come within the
meaning of the term business or trade or industry
2. Any of their servants or employees while in the discharge of his duties
3. Said employees are in insolvent and has not satisfied the civil liability
Art. 104What civil liability includes
1. Restitution return of the thing with allowance for any deterioration
a. May be recovered without reimbursement if the possessor acquired it through PUBLIC SALE
and IN GOOD FAITH
2. Reparation of damage determined by the courts taking in consideration of the value of the thing
and the sentimental value
3. Indemnification include the injury suffered by the family or a 3 rd person
*FOR LOST EARNINGS
Net earning capacity = life expectancy x (gross annual income living expenses)
Temperate damages- loss suffered but its amount cannot be proved with certainty
Moral damages trauma of mental, physical and psychological sufferings
Exemplary damages imposed by way of example for public good
Art. 112Modes of extinguishing civil liability:
1. By payment or performance
2. By loss of the thing due
3. Condonation or remission of the debt
4. Confusion or merger of rights of creditor and debtor
5. Compensation
6. Novation
7. Annulment
8. Rescission
9. Fulfillment of a resolutory condition
10. Prescription
Civil liability may arise from:
1. Crime
2. Breach of contract
3. Tortious acts