EDIMAR QUICK NOTES IN

REVISED PENAL CODE BOOK 1

By: Edito T. Maribojoc, Llb., MSCJ

RPC BOOK 1 REVIEW MODULES:

I ... FUNDAMENTAL PRINCIPLES
II ...... FELONY AND CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
III .. PERSONS CRIMINALLY LIABLE OF FELONIES
IV ... ALL ABOUT PENALTIES
V .. EXTINCTION OF CRIMINAL LIABILITY
VI .. ALL ABOUT CIVIL LIABILITY

I - FUNDAMENTAL PRINCIPLES

WHAT IS LAW?

Law is a body of rules of action or conduct prescribed by the controlling authority having a binding
legal effect. The paramount objective of having law in every particular country is peace and harmony
among its people. Without law, violence reigns.

PROGNOSTIC TEST: TEST ANALYSIS PRACTICE

Which one is NOT a law in the Philippines?

A. Criminal law C. Philippine 1987 Constitution

B. Administrative law D. Divine law

WHAT IS CRIMINAL LAW?

Criminal law is that branch or division of law which defines crimes, treats of their nature, and
provides for their punishment. It applies only to acts and omissions of people declared by the state or
controlling authority as criminal.

PROGNOSTIC TEST: PRATICE ON PROBLEM ANALYSIS

That branch or division of public law that defines crime, treats of their nature, and provide for their
punishment.

Standard giving of choices:

A. Constitutional law C. Criminal law

B. Civil law D. Administrative law

Misleading or tricky type of giving choices:

A. Crimes C. Offense E. All of these

B. Felony D. Criminal law

BROTHERLY ADVICE: BE RESPONSIVE WITH WHAT IS BEING ASKED. BE CAREFUL IN

READING THE TEST QUESTIONS. BE ANALYTICAL. MAKE IT SURE THAT IT WILL BE THE PRC
EXAMINERS WHO WILL CRY NOT YOU.

WHO IS AN ACCUSED?

Accused - is a person formally charged in court for having violated a penal law, either in the Revised
Penal Code or special law. Or, one who is a defendant in a criminal case.
WHAT ARE THE SOURCES OF CRIMINAL LAW IN THE PHILIPPINES?

1. The Revised Penal Code, which is Act No. 3815, as amended, (took effect on January 1, 1932, but
the date of its approval by the Philippine Legislature was in December 8, 1930).

BRIEF HISTORICAL NOTE: Act No. 3815, is the act that codified the Revised Penal Code of the
Philippines. Its main source was the Spanish Penal Code (SPC) of 1870. Prior to the effectivity of the
RPC, the SPC was the one enforced in the Philippines. The codification of the RPC was prepared by
the Code Committee headed by Justice Anacleto Diaz.

2. Special penal laws enacted by the Philippine Legislative department variously known as Philippine
Commission, Philippine Assembly, Philippine Legislature, National Assembly, Batasang Pambansa, the
Congress of the Philippines;

3. Penal Presidential Decrees of former Pres. Marcos; and

4. Executive Orders which are penal in character of former Pres. Corazon Aquino.
 PROGNOSTIC TEST: ON SOURCES OF CRIMINAL LAW

Which of the following is NOT a source of Philippine penal laws? (2009 CLE)

A. Revised penal code C. Legislative decrees

B. Penal presidential decrees D. Special penal laws

WHAT IS THE SCOPE OF CRIMINAL LAW?

Criminal law covers the following:

1. Criminal procedure is the method prescribed by law for the apprehension and prosecution of
persons accused of any criminal offense and for their punishment in case of conviction.

2. Substantive criminal law is one which defines crimes and prescribes penalty for the commission
thereof. It includes crimes punished under the RPC and SPL.

PROGNOSTIC TEST: ON SCOPE OF CRIMINAL LAW

A method fixed by law for the apprehension and prosecution of persons alleged to have committed a
crime, and for their punishment in case of conviction. (2010 CLE)

A. Criminal law C. Criminal procedure

B. Criminal evidence D. Criminal jurisprudence

WHAT ARE THE LEGAL BASES IN COMPLYING (OBEYING) CRIMINAL LAWS?

1. Article 14, Civil Code of the Philippines, which provides that, penal laws and those of public
security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to
the principles of public international law, treaty stipulations and laws of preferential application.

PROGNOSTIC TEST: TEST PRATICE ON PROBLEM ANALYSIS

An American national was arrested for illegal possession of firearm. He contended that it is legal in
America for their citizens to bear firearms even without a license. And since he is an American citizen
he could not be held liable for illegal possession. Is the contention (reasoning) of the said American
national correct? (People vs. Galacgac, C.A. 54 O.G. 1027)

A. Yes, very correct C. Maybe yes

B. No, very wrong D. Probably wrong

2. Article 3, Civil Code of the Philippines, which likewise provides that ignorance of the law
excuses no one from compliance therewith, which in Latin is: IGNORANTIA LEGIS NEMINEM
EXCUSAT OR IGNORANTIA LEGE NON EXCUSAT OR IGNORANTIA JURIS NON EXCUSAT.

PROGNOSTIC TEST: UNDERSTANDING ON LEGAL PRINCIPLES

A no read, no write individual came to Cebu City for the first time. He was arrested by the Cebu City
Traffic enforcer for violation of City Ordinance on anti-jaywalking while the dont cross signal for
pedestrian is still on. When arrested, he reasoned out that since he did not know about the ordinance
he should not be made liable for merely crossing the road. Is the no read, no write individual correct?

A. Yes, very correct C. Maybe yes

B. No, very wrong D. Probably wrong

PROGNOSTIC TEST: ON LATIN MAXIM

Ignorance of the law excuses no one from compliance therewith. (2010 CLE)

A. Ignorantia leges non excusat C. Res ipsa loquitur

B. Parens patriae D. Dura lex sed lex

In contrast, IGNORATIA FACTI EXCUSAT which means, Ignorance of fact excuses one from
criminal liability. This is also known as MISTAKE OF FACT (People vs. Ah Chong 15 Phil. 488). To be
discussed later.

WHERE DOES THE STATE GET ITS POWER TO DEFINE ACTS AND OMISSIONS CRIMINAL?

The state or government derived its power or authority to enact or pass criminal laws from its plenary
and inherent power on POLICE POWER. This power to enact penal laws is vested in the CONGRESS
OF THE PHILIPPINES.
 The other two (2) inherent powers of the state are; the power of eminent domain which is the power
to take private property for public use upon payment of just compensation to the property owner; and
the power of taxation, which is the power of the state to levy taxes upon person and property.

WHAT IS POLICE POWER?

Police power - is the inherent and plenary power of the state to enact penal laws which enables it to
prohibit all things that are hurtful to the comfort, safety, and welfare of society. The primary objective of
police power is to regulate the freedom and property rights of individuals for an orderly and
harmonious society.
THUS:

To protect public safety - committing acts of rape (RA 8353, the new law on
rape), homicide, murder, physical injuries, etc. are penalized under the RPC, and possession of
firearms without license is penalized by PD 1866, as amended by RA 8294, and further amended
by RA 10591 which was approved on May 29, 2013;

To protect public health - smoking in public places or slaughtering of livestock outside of public
slaughter houses may be banned and be regulated by laws or local ordinances. Note: R.A. 9211
Tobacco Regulation Act of 2003.

To protect public morals - the State penalizes the acts of prostitution or obscene and indecent
shows in public under the RPC and other special penal laws. Note: R.A. 9208 Anti-Trafficking in
Person Act of 2003, and amended by R.A. 10364, known as the Expanded Anti-Trafficking of
Person Act of 2012.

To promote public convenience - violations of traffic rules and regulations is penalized under RA
4136, and other city or municipal ordinances; and

To promote general prosperity - issuance of unfunded checks or bouncing checks is criminalized

under Batas Pambansa Blg. 22.

PROGNOSTIC TEST: ON POLICE POWER (FAQ)

What power promotes the public welfare by restraining and regulating the use of liberty and property?
(2003 CLE)

A. Law enforcement C. Eminent domain

B. All of these D. Police power

PROGNOSTIC TEST: ON POLICE POWER

Which of the following refers to the power of the state to define and punish crime? (2009, 2011 CLE)

A. Power of eminent domain C. Legislative power

B. Police power D. Executive power

WHAT ARE THE LIMITATIONS OF CONGRESS TO MAKE PENAL LAWS?

1. Penal laws must be of general application provides that Philippine penal laws must apply to all
person and property belonging to the same class. Hence congress cannot enact penal laws that are
selective in its application.

PROGNOSTIC TEST: UNDERSTANDING GENERAL APPLICATION OF LAW

During their stint (duration of stay) as official ambassador and consul to the Philippines, respectively,
Ambassador X of the Republic of Panama and Consul Naruto of the Republic of Japan, raped a sexy
Filipina. To which of the two (2) rapists does the Philippine law on rape apply?

A. Both rapists C. Only against consul Naruto

B. Ambassador X only D. Its up to the Philippine government

2. It cannot impose cruel, degrading and inhuman punishment nor impose excessive fine - this
is in compliance to the Constitutional mandate for the respect for human rights. Thus beheading a
convicted accused in public as a form of punishment for murder or rape with homicide is prohibited for
being cruel, degrading and inhuman.

3. It must observe substantial and procedural due process - thus, before a person is deprived of
his life, liberty or property, he has to be given an opportunity before the court of justice to defend
himself and to proffer evidence for and in his behalf, as well as to meet his accuser face to face, and to
know the nature of the charges against him.

WHAT IS DUE PROCESS OF LAW?

 Due Process of law it is a law which hears before it condemns, which proceeds upon inquiry, and
renders judgment only after trial. It simply means basic fairness and adequate justice. Under the 1987
Constitution, Sec. 1 Article III thereof, no person shall be deprived of life, liberty or property without due
process of law, nor shall any person be denied the equal protection of the laws.

PROGNOSTIC TEST: ON DUE PROCESS OF LAW

The law which hears before it condemns, proceeds upon inquiry and render judgement after a fair trial.
(2010 CLE)

A. Ex post facto law C. Rule of law

B. Equal protection of the law D. Due process of law

WHAT ARE THE TWO ASPECTS OF DUE PROCESS OF LAW?

Substantive due process provides that the imputations of criminal charges must be based on a fair,
reasonable, and just penal law. There should be no imputations of any crime except with what is
provided in the law either penalized under the Revised Penal Code or Special Penal Laws.

Procedural due process - refers to the method or manner by which the law is enforced. Its basic
elements are notice, hearing and jurisdiction. This includes criminal procedure and evidence on how
criminal acts and omissions in the dispensation of justice by the courts.

4. Congress cannot enact an Ex Post Facto Law nor a Bill of Attainder thus, pursuant to Article
21 of the RPC (implementing provision of RPC on ex post facto rule), no felony shall be punishable by
any penalty not prescribed by law prior to its commission, which in Latin is nullum crimen sine poena;
nulla poena sine lege (meaning, there is no crime without a penalty and there is no penalty without a
law), or, he be put in prison without his case being tried in the Courts of law.

WHAT IS A BILL OF ATTAINDER?

Bill of Attainder - is a legislative act which inflicts punishment without the benefit of judicial trial. (Sec.
22, Art. III, 1987 Constitution)

NOTE: When the punishment is less than death, the law is termed as Bill of Pains and Penalties.
(Bernas, Political Law Reviewer-Primer)

WHAT IS AN EX POST FACTO LAW?

Ex Post Facto law (Literally mean, AFTER THE FACT) it is defined in any of these, as:

A law making an act punishable when it was not punishable when committed;

A law aggravating the seriousness of the crime when it was not that serious in the prior law
when committed;

A law imposing higher penalty when it was not in the prior law when committed;

A law making it easier or requires the prosecution to present a lesser quantum of evidence to
establish the guilt of the accused when it was not in the prior law when committed;

A law depriving a person accused of crime of some legal protection under the law of which he
is entitled to, like protection from being prosecuted for similar offenses after having been
granted absolute pardon or amnesty pursuant to the principle on double jeopardy; or

A law shortening the prescriptive period of a crime.

NOTE: The doctrine of ex post facto is a prohibition giving retroactive application of a penal law under
Section 22 of Article III of the 1987 Constitution. However, penal laws shall have a retroactive
application insofar as they favor the accused or even those already serving sentence provided they are
not a habitual delinquents. (Art. 22, RPC)

PROGNOSTIC TEST: PRACTICE ON PROBLEM ANALYSIS

The present Congress of the Philippines under the administration of Pres. Pnoy enacted a law
lowering the imposable penalty of illegal possession of firearms. This law can be best described as:

A. Unconstitutional law C. Bill of attainder

B. Ex post facto law D. None of the above

PROGNOSTIC TEST: ON BILL OF ATTAINDER (FAQ)

A legislative act which inflicts punishment without judicial trial. (2010 CLE)

A. Bill of attainder C. Ex post facto law

B. Bill of rights D. Penal law
 PROGNOSTIC TEST: ON BILL OF ATTAINDER

What is the legislative act that punishes without trial? (2009, 2011 CLE)

A. Ex-post facto law C. Bill of attainder

B. Unconstitutional law D. Penal attainder

WHAT IS COMMON LAW?

Common law - is that body of principles, usages and rules of actions which inflict punishment without
any express authority from the legislature. NOTE: Most European countries have common laws
especially United Kingdom of Great Britain.
PROGNOSTIC TEST: ON COMMON LAW

Known in other countries as the body of principles, practices, usages and rules of action which are not
recognized in our country. (2010 CLE)

A. Penal laws C. Common laws

B. Special laws D. Statutory laws

ARE THERE COMMON LAW CRIMES IN THE PHILIPPINES?

NONE, as no person can be made to suffer for a penalty NOT prescribed by law, no matter how
perverse or heinous the crime committed was. Not even customs and tradition can be used in
imposing a penalty. In fact, customs are not sources of criminal law. The rule is: Nullum crimen nulla
poena sine lege THERE IS NO CRIME IF THERE IS NO LAW PUNISHING IT.

NOTE: If there is no law that punishes an act or omission for which a person is being charged, the
court must acquit the accused and dismiss the case.

PROGNOSTIC TEST: ON DUTY OF JUDGE WHERE NO LAW PUNISHES AN ACT

What will a judge do if the acts done by a person being tried in court is not covered by law?

A. Convict the accused C. Place the accused under probation

B. Acquit the accused D. Give the accused Parole

WHAT IS HEINOUS CRIME?

Heinous crime - is one regarded as seriously outrageous to the common standards or norms of
decency and morality in a just, civilized and orderly society manifested by wickedness, viciousness,
atrocity and perversity.

NOTE: RA 7659 is the law that define what are considered heinous crimes, and the law that re-
imposed the death penalty on certain heinous crimes thru lethal injection. RA 7659 was repealed by
RA 9346, an act prohibiting the imposition of death penalty.

WHAT ARE THE CHARACTERISTICS OF CRIMINAL LAW?

1. General (a.k.a. Generality) which means that Philippine criminal laws are binding on all persons
who live or sojourn in the Philippines whether they be a Filipino or Foreign citizens and regardless of
their sex, creed or religion. So, any person who committed a crime in the Philippines is subject to our
penal laws. This is the general rule.

PROGNOSTIC TEST: ON GENERALITY THEORY (FAQ)

A character of Criminal Law, making it binding upon all persons who live or sojourn in the Philippines.
(2010 CLE)

A. General C. Prospective
B. Territorial D. Retroactive

WHAT ARE THE EXCEPTIONS TO THE GENERAL APPLICATION OF PENAL LAW?

Treaty or Treaty Stipulations a treaty is a bilateral agreement between two countries normally
for political, economic or military affairs, like the RP-US Military Bases Agreement, and the RP-
US Visiting Forces Agreement.

Law of Preferential Application law that gives immunity to certain preferred individuals from
the coverage of Philippine criminal laws, like RA 75 which penalizes non-observance by public
officers and employees extended to duly accredited foreign diplomatic representative assigned in
the Philippines and their domestic servants. Likewise, Section 11 of article VI of the 1987
 Constitution which exempts members of Congress from being liable for any speeches delivered
by them in Congress or any committee thereof no matter how libelous it may be.

Principles of Public International Law pursuant to the Vienna Convention on Diplomatic

Relation, the following diplomatic officials are exempt from criminal jurisdiction of the Philippines,
namely:

1. Sovereigns and other Heads of State

2. Ambassadors
3. Ministers plenipotentiary
4. Ministers-resident
5. Charges daffairs
6. Attaches

NOTE WELL: CONSULS ARE NOT INCLUDED HENCE, NOT EXEMPTED.

PROGNOSTIC TEST: PRACTICE ON PROBLEM ANALYSIS

One is NOT an exception to the general characteristic in criminal law. (2009, 2011 CLE)

A. Laws of preferential application C. Treaties

B. Principles of public international law D. None of the above

PROGNOSTIC TEST: ON IMMUNITY FROM CRIMINAL LIABILITY PURSUANT TO

THE PRINCIPLES OF PUBLIC INTERNATIONAL LAW

Who among the following persons is not exempted from criminal liability?
(2011 CLE)

A. Ambassadors C. Ministers
B. Charges d affaires D. Consuls

PROGNOSTIC TEST: ON CHARACTERISTICS IN CRIMINAL LAW

Heads of State or Ambassadors can NOT be held criminally liable in another state or place of
assignment under the principles of international law. This is an EXCEPTION to the general
characteristics of Criminal Law which is: (2009 CLE)

A. Prospectivity C. Generality
B. Territorially D. Immunity

2. Territorial (a.k.a. Territoriality) it provides that Philippine penal laws are enforceable and
applicable on all crimes committed within the territory of the Philippines including its atmosphere, its
interior waters and maritime zones.
NOTE: The declaration contemplated on the territorial application of Philippine penal laws is by
authority of Article 2 of the Revised Penal Code, which speaks of the two modes on the application of
the provisions of the Code the Territorial and Extraterritorial. The territory of the Philippines is
defined and delineated under Article I, of the 1987 constitution.

PROGNOSTIC TEST: ON TERRITORIALITY

Philippine Penal Law is applicable within the Philippine territory to include:

(2011 CLE)

A. All of these C. Interior waters

B. Its atmosphere D. Maritime zone

PROGNOSTIC TEST: ON TERRITORIALITY

Which characteristic of criminal law is described by the following statement: criminal laws are
undertaken to punish crimes committed in Philippine territory. (2003 CLE)

A. General C. Prospective
B. Preferential D. Territorial

WHAT ARE THE EXCEPTIONS OF TERRITORIAL THEORY?

Philippine Courts not only have jurisdiction on crimes committed within the Philippine archipelago
including its atmosphere, its interior waters and maritime zone, but also on crimes committed outside
of its jurisdiction against those who:

1. SHOULD COMMIT AN OFFENSE WHILE ON A PHILIPPINE SHIP OR AIRSHIP;

 RULES TO OBSERVE ON PHILLIPPINE SHIPS OR AIRSHIPS:

While in another territorial jurisdiction:

The ship or airship must be of Philippine registry. Ownership of the vessel is not a controlling
factor to determine jurisdiction.

When a Philippine registered ship is in the territorial waters of another country and a crime
was committed on board, the courts of that foreign country will have jurisdiction. However, if
the case is not tried in that country, our Philippine courts can still try the case since the crime
was committed on board a Philippine ship which is considered an extension of Philippine
territory under the principle of Exterritoriality in International law.

While on Philippine waters or in the high seas:

Any crime committed on board a Philippine ship while on Philippine waters or in the high seas,
Philippine courts will ALWAYS have jurisdiction over the crime. NOTE: High seas is considered
res communes (things own in common), hence not under the jurisdiction of any country.

RULES TO OBSERVE ON FOREIGN MERCHANT SHIPS WHILE IN PHILIPPINE WATERS:

Any crime committed on board foreign merchant ships while in Philippine waters that affects
our national security and safety, or peace and order, Philippine Courts will have
jurisdiction. Thus, if the crime does not affect our safety and security or peace and order, the
case will be tried in the country where such foreign merchant ship is registered. This is in
accordance with the ENGLISH RULE (rule practiced in the Philippines) which adopts the
TERRITORIALITY PRINCIPLE OR SITUS (PLACE) OF THE CRIME.

The English rule is in contrast with the French rule which adopts the flag or nationality rule.
Under the FRENCH RULE, crimes committed on board foreign merchant ships shall be tried in
the country to which the ship is registered, EXCEPT if the crime committed affects the internal
security, safety or peace and order of the host country. In such a case, the crime will be tried in
the courts of the host country.

RULES TO OBSERVE ON FOREIGN WARSHIPS WHILE IN PHILIPPINE WATERS:

Territorial application of Philippine penal laws on crimes committed on foreign merchant ships,
does NOT apply to crimes committed on board a WARSHIPS belonging to foreign countries,
even if such foreign warship was within the territorial waters of the Philippines when the crime
was committed. REASON: Warships are considered floating territory of the country to which it
belongs.

PROGNOSTIC TEST: ON TERRITORIALITY THEORY

If an offense was committed by a Japanese national on board a Singapore Airlines plane, abort to land
at the NAIA. What penal law will apply? (2009, 2011 CLE)

A. Singapore Law C. Japanese Law

B. Philippine Law D. International Law

2. SHOULD FORGE OR COUNTERFEIT ANY COIN OR CURRENCY NOTE OF THE PHILIPPINE

ISLANDS OR OBLIGATIONS AND SECURITIES ISSUED BY THE GOVERNMENT OF THE
PHILIPPINE ISLANDS;

3. SHOULD BE LIABLE FOR ACTS CONNECTED WITH THE INTRODUCTION INTO THESE
ISLANDS OF THE OBLIGATIONS AND SECURITIES MENTIONED IN THE PRESIDING NUMBER;

NOTE: Forgery is committed by giving to a treasury or bank notes or any instruments payable to
bearer or to order the appearance of a true and genuine document; or by erasing, substituting,
counterfeiting or altering, by any means the figures, letters, words or signs contained therein (Art. 169,
RPC). Note further that for forgery committed abroad to be triable in Philippine courts, what is forged
must be any coins, currency note or obligations and securities issued by the Philippine government
otherwise it is not cognizable here. Faking of Philippine Lotto tickets done abroad is included as the
same is an obligation issued by the Philippine government.

PROGNOSTIC TEST: ON OBJECT OF FORGING PHILIPPNE CURRENCY

The following are the best examples of obligation and securities issued by the Philippine Government,
except: (2011 CLE)
 A. Money bills C. Coins
B. Government Bonds D. Letter of Credit

4. WHILE BEING PUBLIC OFFICERS OR EMPLOYEES, SHOULD COMMIT AN OFFENSE IN THE

EXERCISE OF THEIR PUBLIC FUNCTIONS;

NOTE: The following are crimes that may be committed by public officers or employees in the exercise
of their public functions like: Falsification; Direct Bribery; Indirect Bribery; Qualified Bribery; Corruption
of Public Officials; Fraud against Public treasury and similar offenses; Possession of prohibited
interest; Malversation of Public Funds or Property; Failure to render an account; Failure to render an
account before leaving the country; Illegal use of public funds or property; Failure to make delivery of
public funds or property.

PROGNOSTIC TEST: ON EXCEPTION TO TERRITORIALITY RULE

Which one is an exception to the territorial application of Criminal Law? (2009, 2011 CLE)

A. Law is given retroactive effect.

B. Law of preferential application.
C. Bill of Attainder.
D. While being public officers or employees, should commit an offense in the exercise of their
function.
E. All of these.

5. SHOULD COMMIT ANY OF THE CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF
NATIONS.

PROGNOSTIC TEST: UNDERSTANDING EXTRATERRITORIAL RULE

X went to the United States. While he was there, he courted Y an American. They eventually got
married. When X returned to the Philippines, his wife, Z filed an action against him for violating their
marriage. (2009, 2011 CLE)

FIRST QUERY: What is X liable for?

A. Crime C. Adultery
B. Concubinage D. Bigamy
E. B OR C

SECOND QUERY: Will the case filed by Z prosper?

A. Yes C. Maybe no
B. No D. most probably yes

NOTE: The following are crimes against national security and the law of nations such as: Treason;
conspiracy and Proposal to commit Treason; Misprision of Treason; Espionage; Inciting to war or
giving motives for reprisals; violation of Neutrality; correspondence with Hostile Country; Flight to an
enemy country; Piracy and Mutiny on the High seas or in Philippine waters; Qualified Piracy.

PROGNOSTIC TEST: ON EXCEPTION TO TERRITORIAL RULE

What crime is committed against mankind, and whose jurisdiction consequently recognizes no
territorial limits? (2009, 2011 CLE)

A. Piracy C. Felonies
B. Theft D. Suicide

PROGNOSTIC TEST: ON EXCEPTION TO TERRITORIAL RULE

Which of the following crimes over which the Philippine laws have jurisdiction even if committed
outside the country? (2009 CLE)

A. Espionage C. Treason
B. Piracy and Mutiny D. All of these

3. Prospective (a.k.a. Prospectivity or Irretrospectivity) it provides that penal laws cannot make
an act punishable when it was not punishable when committed. In other words, penal laws are made to
apply only to future acts and not to previous acts committed before its effectivity - Lex prospicit, non
respicit which means, the law looks forward not backward. Hence, penal laws shall not retroactively
apply to acts already committed when there was yet no law punishing the same nullum crimen nulla
poena sine lege. The exception is when the law itself shall provide for the retroactive application and is
favorable to the accused who is not a habitual delinquent.
 PROGNOSTIC TEST: UNDERSTANDING PROSPECTIVE THEORY

Sometime in May 2000, a Computer Science student unleashed a computer virus known as Love
bug. Said virus infected the computers of business companies worldwide creating substantial damage
amounting to more than $10 billion combined. Will said computer science student be held criminally
liable for act of hacking computer under the Philippine Courts?

A. Yes, he is liable C. Maybe he is liable

B. Cannot be held liable D. He should be made liable

NOTE: R.A. 8792, otherwise known as the E-Commerce Law, is the law that penalizes computer
hacking. This law took effect on June 19, 2000. It defined hacking or cracking as the unauthorized
access including the introduction of computer viruses and is punishable by an imprisonment from six
(6) months to three (3) years, and a fine ranging from One hundred thousand pesos up to the amount
of the damage caused, as maximum.

PROGNOSTIC TEST: ON PROSPECTIVITY THEORY

This characteristic of criminal law is denounced in Article 366 of the Revised Penal Code: crimes are
punished under the laws in force at the time of their commission. (2003 CLE)

A. Prospective C. Territorial
B. General D. Preferential

WHAT ARE THE THEORIES OR SCHOOL OF THOUGHTS IN CRIMINAL LAW?

1. Classical (a.k.a. Juristic Theory) - it believed in this theory that man is essentially a moral creature
with an absolute freewill to choose between good and evil. Here, the basis of criminal liability is human
freewill and the purpose of the penalty is retribution. Thus the maxim, an eye for an eye, tooth for a
tooth. The law gives emphasis on the crime not on the offender. NOTE: The RPC is mainly based on
this theory.

2. Positivist (a.k.a. Realistic Theory) it is viewed under this theory that man is subdued
occasionally by a strange and morbid phenomenon which compels him to do wrong in spite of or
contrary to his volition. Here, man is considered inherently good but because of some societal
influences he became socially sick. It is for this reason that man cannot entirely be blamed for what he
has done. In this sense, the aim of the penalty is to reform the offender and the emphasis of the law is
on him and not on the offense.

3. Eclectic (a.k.a. Mixed Theory) This theory combines the good features of the classical and
positivist theories. Ideally, classical theory is one applied to heinous crimes while positivist theory
seeks to rationalize the imposition of penalty to crimes resulting from social and economic inequalities
with a modicum of compassion.

4. Utilitarian (a.k.a. Protective Theory) Under this theory, it provides that the primary function of the
punishment in criminal law is to protect society from potential and actual wrong-doers. The retributive
aspect of penal laws should be directed against them (Magno vs. CA, G.R. No. 96132).

HOW ARE PENAL LAWS INTERPRETED OR CONSTRUED?

If a penal law is clear and unambiguous no room for interpretation and courts must apply what
the law provides.

When a penal law is ambiguous courts must interpret the law liberally in favor of the accused
and strictly against the State (pro reo doctrine).

If a conflict in the interpretation between the Spanish Text and English text of the RPC arises, the
Spanish text prevails as the code was originally written in Spanish.

WHAT IS PRO REO AND EQUIPOIS DOCTRINES IN INTERPRETING PENAL LAW?

Pro reo doctrine is a principle that if a circumstance in the application of a penal law admits of two
interpretations one favorable to the accused and the other is not, that interpretation which favors the
accused shall be adopted.

Equipoise doctrine it means that when the evidence of the prosecution and of the defense is
equally balanced, the scale of justice is tilted in favor of the accused. This is in obedience to the
constitutional mandate on presumption of innocence. The accused shall be acquitted.

WHAT ARE THE EFFECTS OF REPEAL ON PENAL LAWS?

 If a repealing law expressly or completely repeal an existing law the crime is obliterated (erased);
any pending case must be dismissed; serving prisoner is released from prison.

If the repealing law only impliedly repeals an existing law, the pending criminal case is not dismissed.
The penalty of the repealing law is applied only if it is favorable to the accused. This is known as
repeal by reenactment.

WHAT IS A CRIME?

Crime - is an act committed or omitted in violation of public law forbidding or commanding it. It is a
generic word used to refer to acts or omissions punished as a felony, offense or misdemeanor.

NOTE: Acts refers to any movement tending to produce an effect, while Omissions are those which
resulted from inaction or failure to perform a positive duty which one is bound to do. Crime is basically
an offense against the State making the victim of the crimes a mere prosecuting witness for the state.

WHAT ARE THE GENERAL CLASSES OF CRIMES?

1. Felony is an act or omission punishable under the Revised Penal Code. It is classified as
intentional and culpable felonies. (Art. 3, RPC)

2. Offense is an act or omission defined and made punishable by a special law.

3. Misdemeanor is an act which is less serious than a felony and generally punishable by city or
municipal ordinance by a fine, a jail term of up to a year or both.

PROGNOSTIC TEST: PRATICE ON PROBLEM ANALYSIS

Refers to an act committed or omitted in violation of public law forbidding or commanding it.

A. Crime C. Offense
B. Felony D. Criminal

PROGNOSTIC TEST: ON SPECIAL LAW DEFINING ACT AS CRIMINAL

Acts and omissions punishable by special penal laws. (2010 CLE)

A. Offenses C. Felonies
B. Misdemeanors D. Ordinances

WHAT ARE THE CLASSIFICATIONS OF CRIME?

ACCORDING TO THE MANNER OR MODE OF COMMISSION: (Art. 3, RPC)

1. Intentional Felonies are felonies committed with deliberate intent or malice.

Requisites of Intentional Felonies:

The offender must have freedom while performing the act or omission;
The offender must have intelligence while performing the act or omission;
The offender must have intent to do the act.

PROGNOSTIC TEST: ON ELEMENTS OF INTENTIONAL FELONY

What is the basis of exempting a person from criminal liability under Article 12 of the Revised Penal
Code? (2003 CLE)

A. All of these
B. Complete absence of intelligence
C. Complete absence of freedom of action
D. Complete absence of intent

PROGNOSTIC TEST: ON INTENTIONAL FELONY

Felonies where the acts or omissions of the offender are malicious. (2010 CLE)

A. Culpable C. Deliberate
B. Intentional D. Inculpable

NOTE WELL:
 Freedom means that the offender acted voluntarily without external compulsion. For, if a person acts
without freedom he is not considered human but a mere tool. Hence no crime exists, as he is likened
to a knife that wounds, a lighter that sets fire, or a key that opens a door in robbery. Hence, it is
negated by irresistible force and uncontrollable fear.

Intelligence is the capacity to know and understand the consequences of an act. Thus, an insane, an
imbecile, and minors who are 15 years old and below, OR, even over 15 but below 18 years of age,
unless they acted with discernment are EXEMPT from criminal liability for in the eyes of the law, they
act without intelligence. (RA 9344, the Juvenile and Justice Welfare Act)

Intent is the purpose to use a particular means to effect the desired result. It is a mental state
demonstrated by an overt act of the person, like the use of a gun, knife or poison with intention to kill
another. Intent is either general or specific.

A general intent, that which is presumed from the commission of an unlawful act, like when
death occurs in a consummated homicide or murder, or obtaining complete control of the
stolen item in theft; and
Specific intent is where the desired result is not attained, as in the case of a frustrated or
attempted homicide or murder, as the case may be. Here, since death did not occur, the intent
to kill MUST be established otherwise the crime would result to a mere physical injury.

Absence of intent, no intentional felony is committed thus the Latin maxim: actus non facit reum,
nisi mens sit rea - meaning, an act cannot be criminal unless the mind is criminal. However, even if
intent is lacking there is still a crime if the wrongful act was the result of imprudence, negligence, lack
of foresight or lack of skill in culpable felonies, AND in crimes mala prohibita.

2. Culpable Felonies are felonies committed as a result of imprudence, negligence, lack of foresight
or lack of skill.

Requisites of culpable felonies:

The offender must have acted with freedom;

The offender must have intelligence (knowledge) while performing the act
or omission;
The offender was imprudent, negligent, or failed to exercise the necessary
foresight or skill in performing the act or omission.

PROGNOSTIC TEST: ON THE ELEMENTS OF CULPABLE FELONY

Which one of the following does not belong to the group? (2003 CLE)

A. Lack of Skill C. Negligence

B. Imprudence D. Intent

NOTE: Negligence refers to a deficiency of perception or failure to pay proper attention and use of
diligence to avoid a foreseeable damage or injury. It involves lack of foresight. Imprudence refers to
a deficiency of action or failure to take necessary precaution to avoid damage or injury. Here, lack of
skill is usually involved.

PROGNOSTIC TEST: ON CULPABLE FELONY

It indicates deficiency of perception. (2010 CLE)

A. Negligence C. Imprudence
B. Diligence D. Inference

PROGNOSTIC TEST: SITUATIONAL QUESTION ON IMPRUDENCE

What crime is committed when A, while driving a truck, ran over a girl crossing the street during a
torrential rain and the girl died? (2011 CLE)

A. Homicide C. Serious physical injury

B. Reckless imprudence resulting to homicide D. Murder

WHAT ARE THE PHASES OF COMMITTING A FELONY?

Subjective phase it is that portion in the commission of the crime starting from the point where
the offender begins the commission of the crime to that point where he still has control over his
acts.

Thus, if the offender after commencing but to the point where he still has control of his actions
stops to continue committing the crime by reason of a cause or accident other than his own
spontaneous desistance, had not yet passed the subjective phase, hence his act is still in the
attempted stage.
 Objective phase it is that portion of the acts of the offender where he has no more control over
his actions, as he already performed all the acts of execution of his intended felony. The moment
the offender had reached the objective phase, the act is already in the consummated or
frustrated stage.

PROGNOSTIC TEST: ON HOW TO KNOW THE STAGE OF COMMITTING A FELONY

A suspected arsonist was caught. Evidence showed that he poured gasoline under the house of
another and was about to strike the match to set the house on fire when he was apprehended. What
crime was committed, if there is any? (2003 CLE)

A. Frustrated arson C. Attempted arson

B. Consummated arson D. NONE of these

ACCORDING TO THE STAGES OF EXECUTION: (Art. 6, RPC)

1. Consummated felony is one where all the elements necessary for its execution and
accomplishments are present.

PROGNOSTIC TEST: ON STAGES OF COMMITTING FELONIES (CONSUMMATED)

1. What is the stage of the commission of a felony when all the elements necessary for its
execution and accomplishment are present? (2011 CLE)

A. Attempted C. Consummated
B. Frustrated D. Enumerated

2. A stage of execution when all the elements necessary for its execution and accomplishment are
present. (2010 CLE)

A. Attempted C. Consummated
B. Frustrated D. Accomplished

2. Frustrated felony is one where the offender performs all the acts of execution which would
produce the felony as a consequence but which nevertheless do not produce it by reason of causes
independent of the will of the perpetrator.

3. Attempted felony is one where the offender commences the commission of a felony directly by
overt acts, but does not perform all the acts of execution which should produce the felony by reason of
some cause or accident other than his own spontaneous desistance.

NOTE WELL: To determine the stages of execution of felony the nature of the offense, the
elements, and the manner of committing the felony must be considered.

PROGNOSTIC TEST: FACTORS DETERMINING STAGES OF COMMITTING FELONY

What must be considered in determining whether the crime committed is only attempted, frustrated or
consummated? (2009 CLE)

A. The elements constituting the felony

B. None of these
C. The nature of the offense
D. The manner of committing the felony
E. All of these

PROGNOSTIC TEST: SITUATIONAL QUESTION ON ATTEMPTED FELONY

1. When Juan starts to commit indirectly by overt acts, a crime under the Revised Penal Code, but
does NOT perform all the acts of its execution because of an accident other than his own
spontaneous desistance, what stage in the commission of crime would his case fall? (2003 CLE)

A. Frustrated C. All of them

B. Consummated D. Attempted
2. PO1 A caught B one night in the act of removing the glass jalousies of the window of the house
of C which was closed. B had already detached three glass blades. If A was arrested, what crime
should be book against B? (2009 CLE)

A. Attempted robbery D. Consummated theft

B. Attempted trespass to dwelling E. Consummated the space to dwelling
C. Attempted theft
HOW TO DETERMINE WHETHER A FELONY IS ATTEMPTED, FRUSTRATED OR IN
CONSUMMATED STAGE?

In Homicide and Murder:

Where the offender performed the act with intent to kill but no mortal or fatal wound is inflicted
ATTEMPTED STAGE

ILLUSTRATION:
A with intent to kill fired his gun at B but the gun jammed and did not fire.

Where the offender performed the act with intent to kill and were able to inflict wound but not
mortal or fatal ATTEMPTED STAGE

ILLUSTRATION:
A with intent to kill fired his gun at B and B was hit in his ear. B did not die.

Where the offender performed the act with intent to kill and the wound inflicted is mortal or fatal
but victim was saved and did not die FRUSTRATED STAGE

ILLUSTRATION:
A with intent to kill fired his gun at B and B was hit in the chest. The wound was fatal, that
were it for the timely medical intervention B would have died.

Where the offender performed the act with intent to kill and the victim died
CONSUMMATEDTED STAGE

ILLUSTRATION:
A with intent to kill fired his gun at B and B died as a result.

In Robbery and Theft:

The moment the robber or thief gets hold or have complete control of the thing taken or stolen,
the crime is consummated even if it were for a few moments only. It is not necessary that the
offender should be able to carry the loot (things stolen or robbed) away from the owner or crime
scene or successfully escaped with it.

In Rape:
In rape, mere skin to skin contact of the male organ with the labia (vaginal lip) is
CONSUMMATED RAPE. Complete penetration is not necessary. But bombardment of the
citadel of passion in an effort to enter the kingdom heaven is ATTEMPTED RAPE.

In Arson:
The crime of arson, mere scorching or slight discoloration or burning of a part of the building is
CONSUMMATED ARSON. Total raze of the building is not necessary. Hence, where the
offender was caught in the act about to lit a burning material, or had already lit it but no part of the
building had yet been affected, such stage of arson is ATTEMPTED ARSON.

PROGNOSTIC TEST: SITUATIONAL QUESTION ON CONSUMMATED ARSON

As superior officer fired him for no apparent reason. A lit a rag soaked with petroleum and placed near
the wooden wall of his office to get even. Only a small portion of the wall got burned because another
employee put out the fire. What crime was committed by A? (2003 CLE)

A. Frustrated arson C. Arson

B. Attempted arson D. Consummated arson

ACCORDING TO THE GRAVITY OF THE CRIME: (Art. 9, RPC)

1. Grave felonies are those to which the law attaches the capital punishment or penalties which in
any of their periods are afflictive, like; Rape, Parricide, Murder, etc.

2. Less grave felonies are those which the law punishes with penalties which in their maximum
period are correctional, like; Attempted homicide, Illegal discharge of firearm, etc.

3. Light felonies are those infractions of law for the commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos or both is provided, like; Slight physical injuries, Alarms and
scandal, etc.

Note Well: Light felonies are punishable ONLY when they have been consummated. Hence, frustrated
and attempted stage is not punishable. But if the crime committed is against person or property, in all
stage of the commission of the crime are punishable (Art. 7, RPC).

And if Light felony is committed, only the principals AND accomplices are liable. Accessories are not
liable of light felonies pursuant to article 16 RPC.

WHAT IS THE SIGNIFICANCE OF DETERMINING THE GRAVITY OF FELONIES?

 IT IS IMPORTANT TO KNOW WHETHER OR NOT:

1. The felony committed is punishable as in Light felony of Art. 7, RPC;

2. The accessory is liable (Art. 16, RPC);

3. The felonies committed can be complexed with one another (Art. 48, RPC)

4. The crime or it penalty has prescribed (Art. 90 and Art. 92, RPC, respectively);

5. A subsidiary penalty in imposable (Art. 39, no. 2, RPC)

6. The crime is subject of inquest or preliminary investigation (Rule 112, RCP)

PROGNOSTIC TEST: ON IMPORTANCE OF KNOWING THE GRAVITY OF FELONY

What is the importance of classifying felonies based on gravity of penalties? (2003 CLE)

A. All of these
B. It ascertains whether the suspect is detainable or not
C. It gives the period that he may be legally detainable
D. It determines whether the case is for inquest or not

ACCORDING TO THE NATURE OF THE CRIME:

1. Crimes mala in se or malum in se are those which are wrongful from their nature and serious in
their effects on society as to call for the unanimous condemnation of its members. Good faith or lack of
intent is a valid defense in crimes mala in se, like; Murder, Homicide, etc.

Note: Crimes defined under the RPC are considered mala in se, hence the imposable penalty
depends whether the act is consummated, frustrated or in its attempted stage.

2. Crimes mala prohibita or malum prohibitum are those violations of mere rules of convenience
that are designed to secure a more orderly regulation of the affairs of society. They are wrong merely
because they are prohibited by law, like; Illegal Possession of Firearm

Note: Crimes punishable under Special Laws are mala prohibita, hence the stages of execution are
not considered, unless the law itself uses the nomenclature of the RPC in the imposition of penalty.

PROGNOSTIC TEST: ON CRIMES MALA PROHIBITA

What are the infractions of mere rules of convenience designed to secure a more orderly regulation of
the affairs of society? (2011 CLE)

A. Mala prohibita D. Felonies

B. Violation of ordinances E. Mala perse
C. Misdemeanor

POINTS TO REMEMBER IN PLURALITY OF CRIMES: There is plurality of crimes when the offender
commits many crimes, each with a corresponding penalty distinct and separate from those of the
others. Plurality of crimes has two types. First, is the real or material plurality, where the crimes
committed was the product of separate criminal resolutions resulting to as many crimes as there are
acts. Second, is the ideal plurality, where the crimes committed are the products of a single criminal
resolution but constitutes only one offense.

ACCORDING TO THE PLURALITY OF CRIMES:

1. Complex crime is one where a single act constitutes two or more grave or less grave felonies OR
where an offense is a necessary means for committing the other (art. 48, RPC). It is further classified
into delito compuesto and delito complejo:

PROGNOSTIC TEST: ON COMPLEX CRIME

What crime exists when a single act constitutes two or more grave or less grave felonies or when an
offense is a necessary means for committing the other? (2011 CLE)

A. Complex C. Continuing
B. Composite D. Compound

a. Delito Compuesto (a.k.a. Compound Crime) it is one where a single act constitutes two or more
grave or less grave felonies.

Elements of delito compuesto:

That the offender has performed only one single act.
That the single act produces two or more grave or less grave felonies.
CASE ANALYSIS ON DELITO COMPUESTO OR COMPOUND CRIME (2011 BAR Q)

A, intending to kill B, a store owner, fired his gun at B from the street, but the shot did not only kill B but
also C who was inside the store. As a case of aberratio ictus, it is punishable as a:

A. Complex crime proper C. Special complex crime

B. Continuing crime D. Compound crime

PROGNOSTIC TEST: ON DELITO COMPUESTO

The legal term DELITO COMPUESTO is best described as: (2011 CLE)

A. Two acts producing two or more grave or less felony.

B. A crime as a necessary means of committing another crime.
C. A single act producing two or more grave or less felony.
D. A single act producing two or more light felonies.

NOTE WELL: Delito Compuesto is a crime which consists of 2 or more grave felony, 2 or more less
grave felonies, or a combination of 1 grave and 1 less grave felonies. Light felonies are NOT included
to be complexed with grave or less grave felonies because light felonies are to be treated as a
separate crime, like slight physical injuries, etc. Hence, if there is only one crime, whether it be a
grave or less grave felony, do not think of complex crime.

EXAMPLES: Double Homicide or Murder; Multiple Homicide or Murder; Homicide with Frustrated or
Attempted Homicide

When two deaths have resulted from the commission of a single act, the crime is DOUBLE HOMICIDE
OR DOUBLE MURDER, as the case may be. If there are more than two deaths, the crime is
MULTIPLE HOMICIDE OR MULTIPLE MURDER. There is no such crime as triple, quadruple or
quintuple Homicide or Murder.

ILLUSTRATIONS:

X with intent to kill, shoot A with his gun. The bullet that hit A, also hit B, as a result, both of
them died. Here, the two grave felonies of Homicide were the result of a single act of X. X, is
therefore liable of DOUBLE HOMICIDE.

Under the same set of facts, if X killed A, and seriously injured D who survived because of
timely medical intervention. X is liable for HOMICIDE WITH FRUSTRATED HOMICIDE.

In People vs. Toling, 62 SCRA 17, the accused-twins ran amuck (huramentado) inside a train killing 8
people on that same occasion. The accused-twins are guilty of MULTIPLE MURDERS punished by
one penalty only.

PROGNOSTIC TEST: ON DELITO COMPUESTO OR COMPOUND CRIME

Which of the following is a compound crime? (2003 CLE)

A. A man fired his revolver twice in succession directed against two different
persons, killing one person and the other.
B. NONE of these
C. Placing a time bomb in a plane, which cause it to explode in mid-air killing 13
persons therein.
D. The accused fired his Thompson sub-machine gun at several persons. The
first burst of shots hit three persons. The accused let loose a second burst of
shots wounding 2 others.
b. Delito Complejo (a.k.a. Complex Crime Proper) is one where an offense is a necessary means
for committing another offense.

NOTE: To constitute delito complejo determine what is the real crime intended by the offender then
determine whether the other crime facilitates and insure the commission of the real crime intended.

ILLUSTRATION:

X, a municipal treasurer, after receiving payment of 10,000.00 pesos from a taxpayer, only 1,000.00
pesos was placed in the duplicate original receipt and misappropriated the 9,000.00 pesos. X is guilty
of Malversation through falsification of public document. Here, the real intention of X is to
misappropriate government money, and the falsification of the duplicate original receipt was the means
to commit the crime of malversation.

If after committing the crime, another crime was again committed by the offender for the purpose of
concealing or hiding the other, there is no complex crime because the second offense was not the
necessary means to commit the other crime, as the two crimes were the product of two separate
criminal resolutions.

ILLUSTRATION:
After killing Y inside his house, and in order to hide the crime, X also burned the house with Y inside.
Here, the killing and the burning of the house proceeds from two separate criminal resolutions. It is not
complex crime. The burning of the house by X was NOT the necessary means to kill Y. X is liable for
two separate crimes of Homicide and Arson.

QUERY:
Suppose if in the above set of facts, X in order to kill Y burned the house knowing fully-well that Y is
sleeping inside. What will X be liable of? X is liable of MURDER aggravated by dwelling.

ANOTHER QUERY:
Suppose if the real intention of X is just to burn the house of Y but X did not know that Y was inside
when he burned the house that resulted in the death of Y, what is now the liability of X? X will be guilty
of aggravated ARSON, a special complex crime. Death will serve as a qualifying circumstance
pursuant to P.D. 1613.

IMPORTANT POINTS TO REMEMBER ON COMPLEX CRIME:

Complex crime is a crime composed of several felonies but the law treat them as only one
offense as the offender was impelled by only one criminal intent, hence only one penalty is
imposed and that is the penalty for the most serious crime to be applied in the maximum period
(Art. 48, RPC);

Both or all the offenses MUST be punished under the RPC. Hence, crimes punished under
special laws CANNOT be complexed with crimes punished under the RPC;

In complex crime, only grave and less grave felonies can be complexed. Light felonies are to be
treated as separate crime;

The rule on complex crime shall likewise apply in culpable felony thus, Reckless Imprudence
resulting in Homicide or Physical Injury;

Throwing of hand grenade killing some and seriously wounding a number of persons is a
COMPOUND CRIME, as it is a result of a single criminal act (People vs. Guillen);

But the killing of several persons with the use of a submachine gun or any automatic rifle is
NOT compound crime knowing of the special property of such a firearm. Hence, each bullet fired
from an automatic rifle hitting each and every victim will result to as many crimes as there are
persons killed or injured (People vs. Tabaco).

No complex crime in the following offenses:

1. In cases of continuing crimes, like Rebellion;

2. When one offense is committed to conceal the other crime, like where the principal purpose is
to kill the victim and order to hide the killing, accused burn the house together with the victim. The
crime is Murder;

3. When the other crime is an indispensable part or an element of the offense, like in trespass to
dwelling to commit the real criminal objective of Robbery;

4. Where the offense is punishable by special law, like estafa and BP blg. 22;

5. In cases of special complex crimes, like Robbery with Homicide;

6. When the law provides for a two-tiered penalty, like Direct Bribery.

3. Delito continuado (a.k.a. Continued, Continuous, Continuing crime) is a single crime whereby
the offender committed a series of acts arising from one criminal resolution at about the same time in
about the same place and for the same provision of law being violated.

Elements of delito continuado:

Multiplicity of acts;
Unity of criminal purpose or intent; and
Unity of criminal offense violated.

PROGNOSTIC TEST: ON DELITO CONTINUADO OR CONTINIOUS CRIME

What crime is committed when the offender, acting under a single criminal resolution, commits a series
of acts in the same place at about the same time and all the overt acts committed violated one and the
same penal provisions? (2011 CLE)

A. Composite D. Continuing crime

B. Compound E. Complex
C. B or D

SOME EXAMPLES OF DELITO CONTINUADO:

 a. The taking 6 roasters from the same coop but owned by 2 different owners during the same time
constitutes only one crime of Theft. (People vs. Jaranillo, 55 SCRA 563)

b. Theft of 13 cows owned by different owners committed at the same time and at the same place
constitutes only one Theft. (People vs. Tulmos, 67 Phil. 320)

NOTE WELL: IMPORTANT POINTS TO REMEMBER IN DELITO CONTINUADO:

There is no continued crime if the series of acts were committed on different occasions and on
different places;
It still is a delito continuado even if the properties stolen are owned by the same person provided
that the place and time of the taking happened on the same occasion.

In appearance, a delito continuado consists of several crimes but in reality there is only one crime
in the mind of the perpetrator (criminal).

4. Continuing crime (a.k.a. Transitory crime) is one where any of the elements of the offense were
committed in different localities and the accused may be charged in any of those localities.

EXAMPLES OF CONTINUING CRIME:

a. Rebellion, Insurrection, conspiracy and proposal to commit rebellion or insurrection.

b. Violation of Batas Pambansa Blg. 22, or the Anti-Bouncing Check Law.

c. Abduction, Kidnapping and Illegal detention where the victim was transported from place of
abduction to another place and/or held for a time period.

ILLUSTRATION:

X kidnapped and illegally detained Y. Y is being transported in the cities of Mandaue City, Bogo City,
Lapu-lapu City every other day and deprived of her liberty during all those period of detention until Y
was rescued by the NBI operatives. X bringing of Y in 3 different cities does not constitute 3 separate
crimes of illegal detention. X committed a continuing crime of only one kidnapping and Illegal
detention.

NOTE: Under Sec. 15, Rule 110 of the Revised Rules on Criminal Procedures, continuing crimes can
be filed in the proper courts in any of the city or municipality where the essential elements of the crime
have taken place, as in kidnapping where the victim was brought in different places.

5. Composite crimes (a.k.a. Special complex crimes) are a crimes consisting of two component
crimes but which defined specifically by the Revised Penal Code as a single indivisible offense with a
single penalty.

EXAMPLES OF SPECIAL COMPLEX CRIME:

Articles 294-296, RPC provides the following Special Complex Crimes or Composite crimes, e.g.
Robbery with homicide; Robbery with rape; Robbery with intentional mutilation; Robbery with arson;
Robbery with physical injuries; Robbery with unnecessary violence.

WHAT IS THE DIFFERENCE BETWEEN INTENT AND MOTIVE?

Motive is the reason which impels or forces one to commit the act for a definite result, like jealousy,
rivalry in business, revenge, etc. Motive is not an element of crime; WHILE

Intent is the purpose to use a particular means to effect the desired result, like the use of gun, knife,
fire or arsenic substance, etc. Thus, as an example; claim of an insurance proceed by a losing
company is the motive, and the setting on fire of its Bodega is the means. Intent is an important
element in intentional felonies.
PROGNOSTIC TEST: ON MOTIVE

Which among the following, best describes the moving power which impels on to action for definite
result? (2003 CLE)

A. Mala in se C. Motive
B. Ignorantia Facti Excusat D. Intent

WHAT INSTANCES WHERE MOTIVE IS IMPORTANT?

Where the act will bring about variant crimes;

When nobody has witnessed the commission of the crime;
In determining whether the shooting was intentional or accidental;
To determine the specific nature of the crime;
Where the accused claims self-defense.
 II - FELONIES AND CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

WHAT ARE FELONIES?

Felonies are acts and omissions punishable by the Revised Penal Code.

Elements of felony:
1. There must be Act or Omission;
2. The act or omission is punishable by the RPC;
3. The act or omission is committed either by means of dolo or culpa;

PROGNOSTIC TEST: ON FELONY

What are the criminal acts punished by the Revised Penal Code? (2011 CLE)

A. Felonies C. Crimes
B. Offenses D. Misdemeanors

WHAT ARE FORMAL FELONIES AND MATERIAL FELONIES?

Formal felonies are those which are always consummated because the offender cannot perform the
act without consummating the offense. They are those crimes where the degree of injury cannot be
determined without first consummating the offense, like; Libel, Physical Injuries, Slander, etc.

Material felonies are those which have various stages of execution. Here the imposable penalty
would depend whether the felony is consummated, frustrated or attempted.

PROGNOSTIC TEST: ON WHETHER A FELONY IS FORMAL OR MATERIAL

Crime that have three stages of execution. (2010 CLE)

A. Material C. Seasonal
B. Formal D. Continuing

Note: There is no frustrated rape and frustrated arson. In rape the essence of the crime is carnal
knowledge hence even slight penetration of the male organ of the female organ consummates the
crime of rape. Likewise in arson, mere slightest burning of the house or building consummates the
crime. Hence, arson is punishable only in its attempted and consummated stage not in frustrated
stage.
WHAT ARE THE 2 WAYS OF COMMITTING FELONIES?

Felonies are not only committed by means of deceit (aka, dolo) or by means of fault (aka, culpa).

PROGNOSTIC TEST: OF THE WORD DOLO

Which of the following words has the same meaning as the word deceit? (2011 ` CLE)
A. Dolo C. Fault
B. Culpa D. Negligence

WHEN IS THERE DECEIT (DOLO) AND WHEN IS THERE FAULT (CULPA)?

There is deceit or dolo, when the act is performed with deliberate intent or malice.

There is fault or culpa, when the wrongful act, damage or injury was the result of negligence,
imprudence, lack of foresight, or lack of skill.

EXAMPLES OF FELONY BY MEANS OF DECEIT (DOLO):

X, with intent to kill, shot B with a gun. B died then and there. X is liable of Homicide, an intentional
felony.

In order to kill B, X set the house of the former on fire, and as a result, B died. X is liable for Murder,
another intentional felony.

EXAMPLE OF FELONY BY MEANS OF FAULT (CULPA):

PO1 X, overwhelmed by a joyous new years celebration, fired his government issued armalite rifle into
the air wherein the bullet went through the roof of his neighbor and hit B. PO1 X would be liable for
Reckless Imprudence resulting in Homicide. Here, there was no intent to kill but there was lack of
foresight. PO1 X was negligent.

NOTE WELL: Article 365, RPC punishes negligent acts. In culpable felonies, it is necessary that there
must be a law that punishes negligent or imprudent acts, otherwise no crime is committed. Thus, one
is not liable for not reporting a crime of homicide or murder which he or she had witnessed.

MAY A PERSON BE HELD CRIMINALLY LIABLE EVEN WITHOUT INTENT?

 The answer is a very big YES. In cases of; (1) Culpable felonies, where the wrongful act or crime was
the result of imprudence, negligence, lack of foresight or lack of skill, and; (2) In crimes punishable
under special laws classified as Mala Prohibita or Malum Prohibitum.

WHAT ARE THE DIFFERENT FACTORS SHOWING CRIMINAL INTENT IN THE COMMISSION OF
CRIMES?
1. Death of victim or attaining complete control of stolen property in theft.
2. Performance of an overt act (Like act of stabbing or snatching a wallet).
3. The intensity or gravity, or number of injuries inflicted.
4. The manner of committing the crime (Like beheading or chopping off the limbs).
5. The nature of the weapon used in committing the crime (Like using an axe or automatic rifle or a
bazooka or thru arson).
6. The time and place of commission of crime.

NOTE WELL: The accused cannot legally claim of acting without intent in perpetrating the crime when
any of the above-mentioned factors exists.

Overt act refers to an outward act done in pursuance and manifestation of a criminal intent or
design. It must have an immediate and necessary relation to the crime intended. Overt act must clearly
show its relation with the offense intended and not presumed.

Hence, the offender could not be properly charged for an attempted robbery after being caught in the
act of detaching a wooden wall of a house, since in that stage of his overt act his real intention is not
yet known or could not properly be determined. But it is certain that at the time when he was caught,
he was already performing an act necessary to commit the crime of attempted trespass to dwelling
(Gregorio).

PROGNOSTIC TEST: UNDERSTANDING OVERT ACT VIS--VIS CRIMINAL ACT

Ador, a policeman, was cleaning his service pistol inside his house when it fell from his hand and fired.
The bullet hit a neighbour on the stomach and a second neighbour on the leg. The injuries sustained
by the two neighbours required thirty-five (35) days and nine (9) days of medical attendance,
respectively. What crime should be filed against Ador? (2011 CLE)

A. Frustrated homicide and slight physical injuries

B. 1 count of frustrated homicide
C. 1 separate crime of serious physical injuries and slight physical injuries
D. A separate crimes of serious physical injuries and slight physical injuries, both through
reckless imprudence
E. Serious physical injuries

PROGNOSTIC TEST: ON OVERT ACT

PO1 A caught B one night in the act of removing the glass jalousies of the window of the house of
C which was closed. B had already detached three glass blades. If A was arrested, what crime
should book against B? (2011 CLE)

A. Attempted robbery D. Consummated theft

B. Attempted trespass to dwelling E. Consummated the space to dwelling
C. Attempted theft

WHAT IS CRIMINAL LIABILITY?

Criminal liability shall mean that in law, as the legal responsibility where a person is liable for an act
or omission, whether different than that intended or impossibility of accomplishment.

NOTE: A person is criminally liable if the two elements of criminal liability are present that is; MENS
REA and ACTUS REA or REUS.

PROGNOSTIC TEST: ON CRIMINAL LIABILITY

This is incurred by a person committing a felony although the wrongful act done by different from what
he intend to do. (2011 CLE)

A. Felony C. Offense
B. Criminal liability D. Civil liability

WHAT IS MEANT BY MENS REA AND ACTUS REA?

Mens rea refers to a wrongful criminal intent or criminal mind.

Actus rea refers to a wrongful act or criminal act. It is in furtherance of a wrongful criminal intent.
HOW IS CRIMINAL LIABILITY INCURRED?

FIRST MODE OF INCURRING CRIMINAL LIABILITY:

1. Criminal liability can be incurred by any person committing a felony (delito) although the wrongful
act done is different from that which he intended. (Art. 4, RPC)

Elements of the first mode:

 That an intentional felony is committed;
That the wrong done must be the direct, natural and logical consequence of the felony
committed although different from that intended.

Note: The first mode of incurring criminal liability is based on the Spanish maxim of El que es causa
de la causa es causa del mal causado.- He who is the cause of the cause is the cause of the evil
caused. Here the felonious act of the offender must be the proximate cause of the resulting felony
even if different from that intended by the perpetrator.

NOTE:
1. Imputability is the quality by which an act may be ascribed (blamed) to a person as its author.

2. Responsibility is the obligation of suffering the penal and civil consequences of the crime.

3. Guilt is an element of responsibility that a person has not only committed an act but it has also
amounted to a crime.

PROGNOSTIC TEST: ON TERMS USED IN CRIMINAL LIABILITY

The quality by which an act may be subscribed to a person as its owner or author. (2010 CLE)

A. Responsibility C. Guilt
B. Duty D. Imputability

WHAT IS PROXIMATE CAUSE?

Proximate cause - is that cause which in its natural and continuous sequence, unbroken by an
efficient intervening cause, produces the injury and without which the result would not have occurred.

WHAT ARE THE FACTORS AFFECTING INTENT AND CORRESPONDINGLY CRIMINAL LIABILITY?

1. Aberratio ictus (MISTAKE IN THE BLOW INTENDED UPON THE VICTIM)

PROGNOSTIC TEST: ON DEFINITION OF ABERRATIO ICTUS

1. Aberration ictus has the same meaning as: (2011 CLE)

A. Mistaken identity D. Mistake in the blow

B. Results are less than intended E. Neither
C. Result is greater than intended

2. It means mistake in the blow. (2010 CLE)

A. Abberatio ictus C. Dura lex sed lex

B. Error in personae D. Praetor intentionem

2. Error in personae (MISTAKE IN THE IDENTITY OF THE VICTIM)

3. Praeter intentionem (NO INTENTION TO COMMIT SO GRAVE A WRONG)

PROGNOSTIC TEST: ON DEFINITION OF ERROR IN PERSONAE

It means that the resulting injury is greater than that which is intended. (2010 CLE)

A. Aberratio ictus C. Dura Lex Sed lex

B. Error in personae D. Praeter intentionem

4. Ignorantia facti (MISTAKE OF FACT)

PROGNOSTIC TEST: ON MISTAKE OF FACT (FAQ)

1. An act or omission which is a result of a misapprehension of facts that is voluntary but not
intentional. (2010 CLE)

A. Impossible crime C. Accidental crime

B. Mistake of facts D. Complex crime
 2. An act or omission which is the result of a misapprehension of facts that is voluntary but not
intentional. (2010 CLE)

A. Absolutory cause C. Conspiracy

B. Mistake of facts D. Felony

WHAT IS ABERRATIO ICTUS?

Is a scenario wherein the blow of the offender did not hit its intended victim, or even if it did hit, the
wound was merely superficial, and the blow landed and inflicted a graver injury upon another but
unintended person. Here, there are 3 persons involved, that is - the offender; the intended victim; and
the unintended actual victim. Consequently, in this scenario the single act will result to a complex crime
under article 48, RPC on complex crime. Hence, the penalty imposable would be that of the most
serious crime and in the maximum period.

Elements of aberratio ictus:

a. Offender had performed an intentional act;

b. Such intentional act did not hit, or even if he has hit his intended victim the wound inflicted were
merely superficial, and landed on an unintended victim.

c. That there are 3 persons involved: the offender the intended victim the unintended victim.

ILLUSTRATION:

A with intent to kill shot B with his 9mm pistol, but because of poor aim the bullet instead hit the
head of his own father resulting its instantaneous death. Here A will be liable of Parricide (for the
death of his father) with attempted Homicide (for the unsuccessful killing of B).

WHAT IS ERROR IN PERSONAE?

Is a scenario wherein the offender delivered a blow upon its intended victim but the victim turned out to
be a different person. Here, there are 2 personalities involved the offender and the intended victim
but happen to be another person.

Element of error in personae:

a. the offender performed an act hitting its intended victim;

b. But the actual victim turned out to be a different person.

c. That there are 2 persons involved: the offender the unintended actual victim.

NOTE: The circumstance of error in personae is extenuating (mitigating). Thus a lower penalty is
imposed in accordance with article 49, RPC.

ILLUSTRATION:

2 police officers were ordered to arrest a notorious escaped convict, named Balagtas. The 2 officers
proceeded and upon reaching the house of the said convict, they saw a man sleeping with his back
towards the door and thereupon and without any query fired on said man that turned out be Serapio
Tecson. The Supreme Court convicted the 2 police officers of Murder. (People vs. Oanis, et al, 74
Phil.257)

NOTE: In both aberratio ictus and error in personae, the TRANSFERRED-INTENT RULE applies.
The rule means that the criminal intent of the offender is being transferred on the resulting crime
inflicted on his unintended actual victim.

PROGNOSTIC TEST: ON ERROR IN PERSONAE

Banong, thinking that the person walking in a dark alley was Erap, his bitter enemy, fired at that
person, who was killed as a result. It turned out that the victim was Banongs own father. There was -
___________. (2011 CLE)

A. Error in personae C. Praeter intentionem

B. Aberration ictus D. Complex crime

WHAT IS PRAETER INTENTIONEM?

Is a scenario wherein the offender does not have the intention of inflicting grave injury or harm to an
intended victim. Here, the blow delivered by the offender was precisely made towards the intended
victim but the resulting injury is greater than that intended. This scenario will amount to a mitigating
circumstance under article 13, par. 3, RPC.

Elements of praeter intenionem:

a. Offender has performed an intentional act;
 b. The intentional act of lesser felony resulted to a graver felony not intended.

C. There 2 persons involved: the offender and the intended victim.

ILLUSTRATION:

X quarreled with his wife Y. In the heat of their quarrel, X slapped Y. As Y lost balance, she hit
her head on the cemented floor causing her death. X intention was merely to slap Y. Here, X is
liable even if the resulting felony is not one intended by him, as his act of slapping his wife was the
proximate cause of her death.

WHAT IS MISTAKE OF FACT OR IGNORANTIA FACTI?

Mistake of fact is an act or omission which is the result of a misapprehension of facts that is voluntary
but not intentional.

NOTE WELL: The following are requisites of Mistake of Fact:

1. That the act would have been lawful had the fact been true as the accused believed them to be;
2. In performing the act, the intent of the accused was lawful; and
3. The mistake was without fault or carelessness (negligence) on the part of the accused. (case of
People vs. Oanis, supra)

PROGNOSTIC TEST: SITUATIONAL QUESTION ON MISTAKE OF FACT

A and B are board mates. B went out from their boarding house. A, put chair to block the door.
Suddenly, a person is forcing to open the door blocked with chair. A ask the person who is forcing to
open the door, but the person is not responding. A went to the kitchen to get a knife. B forced to open
the door. Then A struck B with the knife. B died. What crime did A committed? (2011 CLE)

A. Mistake in the blow C. Mistake of fact

B. Error in personae D. Mistake of identity
E. None of these

SECOND MODE OF INCURRING CRIMINAL LIABILITY:

2. By any person performing an act which would be an offense against persons or property, were it not
for the inherent impossibility of its accomplishment or on account of the employment of inadequate or
ineffectual means. This second mode deals on impossible crimes. (2nd par., Art. 4, RPC)

WHAT IS AN IMPOSSIBLE CRIME?

Impossible crimes is a crime against person or property were it not for the inherent impossibility of its
accomplishment or on account of the employment of an inadequate or ineffectual means the intended
felony would have been successfully committed.

Elements of impossible crime:

a. Acts committed is a crime against person, like Parricide, Murder, Homicide, Rape, Abortion, Duel or
Physical Injuries, OR property, like Robbery, Brigandage, Theft, Usurpation, Culpable Insolvency,
Estafa and Other Deceits, Chattel Mortgage, arson and malicious Mischief.

b. That the act done was with evil intent.

c. That the offender must have without knowledge that its accomplishment is inherently impossible or
the means employed is either inadequate or ineffectual.

PROGNOSTIC TEST: ON DEFINITION OF IMPOSSIBLE CRIME

An act which would be an offense against persons or property were it not for the inherent impossibility
of its accomplishment. (2010 CLE)

A. Compound crime C. Complex crime

B. Impossible crime D. Accidental crime

WHAT IS MEANT BY INADEQUATE AND INEFFECTUAL MEANS?

Inadequate means, the means employed was real but the amount or quantity of the means employed
was not enough to consummate the act, like putting poison on a glass of milk but the quantity is not
sufficient to kill.

Ineffectual means, the means employed thought to be real is not true regardless of the amount or
quantity introduced in the commission of an act, like putting a powdery substance into a glass of milk
which the offender thought to be poison but actually it was a sugar.

IMPORTANT POINTS TO REMEMBER ON IMPOSSIBLE CRIME:

 To be liable for impossible crime, the offender must have NO knowledge that there was legal
or factual impossibility of accomplishing his intended felony against person or property.

The act performed by the offender should not constitute into another felony otherwise the
offender would be liable for that other felony.

There is NO FRUSTRATED or ATTEMPTED stage in impossible crime because of the

inherent impossibility of its accomplishment.

WHAT IS MEANT BY LEGAL AND FACTUAL IMPOSSIBILITY?

Legal impossibility It is that impossibility which exists where the intended acts would not amount to
a crime even if completed, like killing person already dead or raping a woman already dead, or picking
an empty pocket.

Factual or physical impossibility this impossibility exists when extraneous circumstances

unknown to the perpetrator prevented the successful commission of the intended felony, like riddling
with bullets from outside of a house where the victim was believed to be sleeping, but unknown to
them the intended victim was not inside at the time of the attack. (Intod vs. Court of Appeals, et al.)

ILLUSTRATION OF IMPOSSIBLE CRIME AGAINST PERSON:

X on his way to his farm saw his bitter enemy Y his back leaning on a trunk of a mango tree.
Thinking that Y is on his deep sleep, did there and then stab Y on the chest not knowing that Y
had been dead an hour ago. This is an impossible crime of murder, a crime against person. Indeed, if
Y was merely sleeping and alive, X would have been liable for MURDER and not of impossible
crime of murder.

ILLUSTRATION OF IMPOSSIBLE CRIME AGAINST PROPERTY:

A secretly took a gold wedding ring from the pocket of B. It turned out that the ring was his own ring
with his name written on it, which he lost a week ago to a pickpocket. This is a case of impossible
crime of theft, for how can one be liable of theft of his own property.

There is also an impossible crime of theft after a thief had successfully opened a vault which he
thought to have contained a lot of money but turned out to be empty.

PROGNOSTIC TEST: SITUATONAL QUESTION ON IMPOSSIBLE CRIME

Lando is an employee of Baltik Trade Corp. As an employee thereof, he was able to learn the safety
vault combination. One Saturday evening he went to their office to steal the money placed in the safety
vault. He found it empty. For what crime is he liable of: (2009, 2011 CLE)

A. Attempted Theft C. Frustrated Theft

B. Impossible Crime D. Attempted Robbery

ILLUSTRATION OF IMPOSSIBLE CRIME RESULTING TO ANOTHER FELONY:

X, entered the house of his sexy neighbor Y, wife of an OFW. He saw Y lying on her bed wearing
only a nightgown. X, thinking that Y is only sleeping and alive successfully had sexual intercourse
with Y not knowing that Y was already dead 20 minutes ago due to heart attack. Although the case
is one of an impossible crime of rape, X cannot may not be made liable thereof.

RATIONALE: X cannot be made liable for the crime of rape as Y is already dead. Neither X is
liable of impossible crime of rape since X having entered the house of Y without the latters
consent, a crime of trespass to dwelling was committed. So, X could be held liable for TRESPASS
TO DWELLING.

WHAT IS THE DUTY OF COURTS IF ACT CHARGED IS NOT COVERED BY LAW BUT OUGHT TO
BE PUNISHED, AND IN CASES OF EXCESSIVE PENALTIES?

Whenever the court has knowledge of any act which ought to be suppressed but the same is not
covered by any law, it has to render a proper judgment by acquitting the accused, and make a report to
the Chief Executive (President), through DOJ for possible legislation in congress.
Likewise, without suspending the execution of the sentence, to report to the President for his possible
exercise of executive clemency, when in the strict enforcement of the provisions of the code (RPC)
would result to an excessive imposition of penalty, taking into consideration the degree of malice and
the injury caused by the offense. (Article 5, RPC)

Note: The Judge is duty-bound to apply and impose the penalty provided for by law, regardless of his
religious convictions (beliefs) and denomination (People vs. Veneracion, 249 SCRA 244).

PROGNOSTIC TEST: ON DUTY OF COURTS WHERE NO LAW PUNISHING AN ACT

What will a judge do if the acts done by a person being tried in court is not covered by law? (2011,
CLE)

A. Convict the accused C. Place the accused under probation

 B. Acquit the accused D. Give the accused Parole

WHAT IS CONSPIRACY AND PROPOSAL TO COMMIT FELONY?

Conspiracy - is that which exists where two or more persons come to an agreement concerning the
commission of a felony and decide to commit it. Conspiracy can be either express or implied. (Art. 8,
PRC)

NOTE: Express conspiracy is one where the parties (conspirators) to a crime expressly agreed to
commit the act written or verbal. Implied conspiracy, on the other hand, is one where the
perpetrators acted in concert demonstrating unity of criminal intent or purpose notwithstanding lack of
prior agreement. Conspiracy has been called the darling of the modern of the prosecutors nursery.

PROGNOSTIC TEST: ON PROPOSAL TO COMMIT FELONY

This is committed when a person who decided to commit a felony proposes its execution to another
person. (2011 CLE)

A. Accessory C. Accomplice
B. Conspiracy D. Proposal

EXAMPLES OF CONSPIRACY PUNISHABLE AS A FELONY: Conspiracy to commit Treason,

Rebellion, Insurrection, Arson, Coup d etat, Sedition, and Terrorism under R.A. 9372.

NOTE: There is conspiracy to commit sedition but no such crime as proposal to commit sedition.

In conspiracy the act of one is the act of all. Thus, even if there is no express (clear) agreement by
the offenders, conspiracy still exist by determining the commonality of their actions tending to produce
the desired act. This is known as IMPLIED CONSPIRACY. There is implied conspiracy when the
perpetrators acted in concert demonstrating unity of criminal intent notwithstanding lack of prior
agreement.

Proposal - is one where a person who has decided to commit a felony proposes its execution to some
other person or persons. (Art. 8, PRC)
EXAMPLES OF PROPOSAL PUNISHABLE AS FELONY: Proposal to commit Treason, Rebellion,
Insurrection, Coup d etat, and Terrorism.

NOTE: Conspiracy and proposal to commit felony are punishable only in the cases in which the law
specially provides a penalty therefore. This is because conspiracy and proposal are still in the planning
stage of the felony.

PROGNOSTIC TEST: ON CONSPIRACY TO COMMIT A FELONY

A, B, C are board mates of D. A, B, and C conspire to kill X, a witch, because he is perceived to cause
misery among many in the barangay. D knew about it all along after conspiracy but made no move to
report to the authorities. In this case, D (2011 CLE)

A. Is liable for murder D. Is an accessory to murder

B. Is a conspirator E. Neither
C. Incurs no criminal liability

WHAT IS THE DIFFERENCE BETWEEN CONSPIRACY AND A SYNDICATE?

1. Conspiracy exists when 2 or more persons agree and decide to commit any crime, WHILE, a
syndicate (as defined by RA 7659), refers to a group of 2 or more persons collaborating, confederating
or mutually aiding one another for the purpose of gain.

2. A syndicate is composed of an organized group of persons for the purpose of gain, but such factors
are not necessary in conspiracy.

WHAT IS THE FUCNTION OF THE RPC WITH REGARDS TO CRIMES DEFINED AND PUNISHED
UNDER SPECIAL LAWS?

The RPC shall be suppletory or supplementary to the special laws, unless such special laws uses
the nomenclature of the RPC. (Art. 10, PRC)

WHAT ARE THE CIRCUMSTANCES THAT AFFECTS CRIMINAL LIABILITY? (JEMAA)

A. Justifying circumstances (JC) those circumstances wherein the acts of the actor are within the
bounds of or in accordance with law hence he incurs no criminal and civil liability except in par. 4 on
state of necessity, where the civil liability are to be shared by those who benefited by the act. (Art.
11, RPC)

PROGNOSTIC TEST: ON DEFINITION OF JUSTIFYING CIRCUMSTANCE

 Circumstances wherein the acts of the person are in accordance with the law, and hence, he incurs
no criminal and civil liability. (2010 CLE)

A. Exempting C. Justifying
B. Alternative D. Aggravating

B. Exempting circumstances those circumstances which if present in the commission of a felony

would render the actor (offender) not criminally liable, as there is wanting (lacking) in the agent of the
crime or any of the conditions that would make the act voluntary or negligent. In exempting
circumstance, although there is a crime yet there is no criminal but there is however a civil liability. (Art.
12, RPC)
PROGNOSTIC TEST: ON DEFINITION OF EXEMPTING CIRCUMSTANCE

1. Circumstances wherein there is an absence in the agent of the crime any of all the conditions that
would make an act voluntary and hence, though there is no criminal liability there is civil liability. (2010
CLE)

A. Exempting C. Justifying
B. Alternative D. Aggravating

2. What are those circumstances that affect criminal liability because of the conditions which make the
act voluntary or that negligence is wanting as an agent of the crime. (2003 CLE)

A. Exempting circumstances C. Mitigating circumstances

B. Justifying circumstances D. Aggravating circumstances

PROGNOSTIC TEST: ON DISTINCTION OF JUSTIFYING AND EXEMPTING

Which of the following statement is NOT true? (2003 CLE)

A. In justifying circumstance, there is no civil liability except in causing damage to another in

state of necessity
B. A person who acts by virtue of a justifying circumstance does not transgress the law because
there is nothing unlawful in the act as well as in the intention of the actor
C. NONE of these
D. In exempting circumstances there is a crime but there is no criminal

C. Mitigating circumstances those circumstances which if present in the commission of the crime
would only have the effect of reducing the imposable penalty by degree or period but not to entirely
free the actor from criminal and civil liability. (Art. 13, RPC)

PROGNOSTIC TEST: ON MITIGATING CIRCUMSTANCE

Which of the following circumstances are considered mitigating? (2003 CLE)

A. All of these
B. Offender had no intention to commit so grave a wrong as that committed
C. Offender is over seventy (70) years old
D .Incomplete justifying and incomplete exempt service

Two kinds of mitigating circumstance:

1. Ordinary mitigating- one which can be offset by aggravating, and which if

present tends to reduce the penalty by periods.

2. Privileged mitigating- one which cannot be offset by any aggravating

circumstance and which if present tends to reduce the penalty by degrees.

D. Aggravating circumstances those which if present in the commission of the crime would have
the effect of increasing the imposable penalty due to greater perversity of the offender in committing
the crime, OR change the nature of the crime qualifying or elevating the crime committed into a graver
offense without however exceeding the maximum period provided for by law for the offense committed.
(Art. 14, RPC)

NOTE:
The following are factors manifesting greater perversity of the offender:

1. The motivating power itself;

2. The place of the commission of the crime;
3. The means and ways employed;
4. The time of the commission of the crime; and
5. The personal circumstances of the offender or of the offended party.

Four Kinds of Aggravating circumstances:

1. Specific- those that apply only to particular felony, like cruelty in crimes against persons or
ignominy in crimes against chastity.
 2. Generic- those which generally applies to all crimes, like dwelling, recidivism, in consideration of
price, reward or promise.

PROGNOSTIC TEST: ON GENERIC AGGRAVATING CIRCUMSTANCE

Which aggravating circumstance generally, can be applied to all offense like dwelling, recidivism, in
consideration of price, reward or promise? (2010 CLE)

A. Specific C. Qualifying
B. Inherent D. Generic

3. Inherent- that which is part of the felony committed, as in unlawful entry in robbery with force
upon things, or evident premeditation in theft or robbery.

4. Qualifying- those which if present would alter or change the nature of the crime as in treachery or
by means of poison in murder, or grave abuse of confidence which make stealing a case of qualified
theft. NOTE: This aggravating circumstance must be alleged in the information otherwise it cannot
be appreciated against the accused.
E. Alternative circumstances those circumstances 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. (Art. 15, RPC)

G. Extenuating circumstances these are mitigating circumstances not found in Art. 13 like
UNJUSTIFIED ABANDONMENT by the husband of his wife who committed adultery under Art. 333,
RPC and, CONCEALMENT by a mother who killed her child to hide a dishonor in infanticide of Art.
255, RPC.

WHAT ARE JUSTIFYING CIRCUMSTANCES?

1. Doctrine of Self-defense this situation takes place where ones person or rights is in actual or
imminent danger of being attacked that may cause injury to himself or upon his rights, PROVIDED that
the following circumstances occurs:

Unlawful aggression, that must come from the victim;

Reasonable necessity of the means employed, to prevent or repel the aggression employed
by the accused. This requires the reasonableness of the weapon used by the accused in repelling
the aggression coming from the victim.
Lack of sufficient provocation, on the part of the person defending himself. It means that the
accused gives no reason of being provoked or attacked by the victim.

PROGNOSTIC TEST: SITUATIONAL PROBLEM ON JC OF SELF-DEFENSE

PO1 Guzman saw Gorio, inmate, escaping from jail and ordered the latter to surrender. Instead of
doing so, Gorio attacked PO1 Guzman with a bamboo spear. Gorio missed in his first attempt to hit
PO1 Guzman and before he could strike again, PO1 Guzman shot and killed him. Is PO1 Guzman
criminally liable? (2009 CLE)

A. Yes, self defense was proper

B. No, crime of murder was committed
C. No, there was treachery
D. No Crime of homicide was committed
E. Yes, because Filemon was a criminal

2. Defense of relatives this circumstance occurs when a person acted in defense of his Spouse,
Ascendants, Descendants, Legitimate, natural, or adopted brothers or sisters; relatives by affinity in the
same degree of the offender such as his parents-in-law, brothers or sisters-in-law; and relatives by
consanguinity (SADBroSAC) within the fourth civil degree of the offender which includes aunts and
uncles, nephews and nieces and first cousins, PROVIDED that the first and second requisites of self-
defense are present, and the third requisite that in case the provocation was given by the person being
attacked, the person making the defense has no knowledge thereof or had no part therein.

3. Defense of strangers this occurs when anyone has acted in defense of the person or rights of a
stranger PROVIDED that the first and second requisites of self-defense are present, and that the person
making the defense was not induced by revenge, resentment or other evil motive.

PROGNOSTIC TEST: ON THE REQUISITES OF DEFENSE OF STRANGERS

1. Which is NOT a common requisite in justifying circumstances of self-defense, defense of a relative

and defense of a stranger? (2003 CLE)

A. NONE of these
B. Unlawful aggression
C. Reasonable necessity of the means employed to prevent or repel it.
D. The person defending be not induced by revenge, resentment, or other
evil motive.

NOTE WELL: Unlawful aggression contemplates an actual, sudden and unexpected attack on the
life and limb of a person or an imminent danger thereof. The aggression must be offensive and
positively strong that shows the wrongful intent to cause injury and not merely threatening or
intimidating attitude.
 More importantly, ABSENCE of the element of unlawful aggression there is NO self-defense, defense
of relatives or defense of strangers to speak of, since UA is the primordial requisite in all of these
situations. There is likewise no INCOMPLETE JUSTIFYING if unlawful aggression is absent. Hence,
there is no unlawful aggression when the peril (danger) to ones life, limb or right no longer exists, as
when the aggressor ran away from the fight, or after having been disarmed by the person attacked
discontinued the aggression, or when there is an agreement to fight since any attack by either side is
merely an incidental to their agreement.

PROGNOSTIC TEST: SITUATIONAL QUESTION ON DEFENSE OF STRANGERS

Caleb saw Mark attacking his own (Marks) wife with a Rambo knife. Caleb approached Mark and
struggled for the possession of the weapon, in the course of which Caleb killed Mark. What justifying
circumstance is present? (2011 CLE)

A. Defense of Stranger C. Defense of Relative

B. Self-defense D. Avoidance of Greater Evil of Injury

4. Avoidance of greater evil or injury (State of necessity) this happens when any person has
acted in order to avoid an evil or injury which may cause damage to another, PROVIDED that the evil
sought to be avoided actually exists, and the injury feared is greater than that done to avoid it,
and that there is no other practical or less harmful means of preventing it. Hence, the one who
avoided the injury or harm is not criminally and civilly liable. But a civil liability may devolve from those
who may have benefited by the avoidance of injury or harm pursuant to Art. 101, RPC. This is the only
JC where there is civil liability.

PROGNOSTIC TEST: ON CIRCUMSTANCE OF AVOIDANCE OF GREATER EVIL

Which of these is NOT a requisite of avoidance of greater evil or injury? (2003 CLE)

A. That the injury feared be greater than the injury done to avoid it.
B. That the means used to avoid the injury is lawful.
C. That the evil sought to be avoided actually exists.
D. That there be no practical or less harmful means of preventing it.

5. Fulfillment of a duty or lawful exercise of right or office this takes place when the resulting
injury caused by the accused was the necessary consequence of the due performance of such duty or
lawful exercise of his rights or office. Thus, a policeman responding to a robbery alarm and on the
process killed the robbers, or a lawful possessor or owner of a thing who use reasonable force to
prevent an actual physical invasion of his property under the doctrine of self help of Art. 429 of the
Civil Code, incurs no criminal and civil liability.

6. Obedience to a lawful order issued by a superior this takes place when a subordinate has
acted in obedience to an order issued by a superior officer for some lawful purpose and he executed
said order with a lawful means. NOTE: Thus, a subordinate is not liable in carrying out an illegal order
issued by his superior provided that he is not aware of its illegality and was not negligent.

PROGNOSTIC TEST: ON JUSTIFYING CIRCUMSTANCE OF OBEDIENCE OF ORDER

Which is NOT a requisite in obedience to an order issued for some lawful purpose? (2003 CLE)

A. That the means used by the subordinate to carry out said order is lawful
B. NONE of these
C. That an order has been issued by a superior
D. That an order has been issued for some lawful purpose

To be taken note of as an additional justifying circumstance is the Battered Woman syndrome pursuant
to RA 9262, or the Anti-Violence Against Women and Children Act of 2004, AKA the VAWC law.

WHAT IS A BATTERED WOMAN SYNDROME?

Battered Woman syndrome refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse.

NOTE: For a woman to be considered battered woman, she must go through the battering cycle at
least twice that is, the tension-building phase, which is the minor battering stage; the acute
battering incident, which is the cycle characterized by brutality, destructiveness and sometimes
death; and the final cycle of violence which is the tranquil period, where the battering incident ends as
the batterer may show tender nurturing behavior towards his wife.

Thus, a battered woman does not incur any criminal and civil liability notwithstanding the absence of
any of the elements of self defense under justifying circumstances of the RPC. (Sec. 26 of RA 9262)

WHAT ARE EXEMPTING CIRCUMSTANCES?

1. Imbecility and insanity this is exempting as the actor acted without intelligence and lack of intent
in committing the act.

Note: Insanity exists when there is a complete deprivation of intelligence or freedom of the will. It is
not always exempting as the insane person may become liable if he committed the crime during a lucid
interval. Imbecility is feeblemindedness. It exists when a person while of advanced age, has a mental
development of a child between two and seven years of age. Imbecility is ALWAYS exempting.

THUS, INSANITY IF:

Existed during the commission of crime EXEMPTING (Art. 12, RPC)

Existed during trial of the case TRIAL IS SUSPENDED (Art. 79, RPC)

Existed after promulgation of sentence - PERSONAL LIABILITY IS SUSPENDED

BUT NOT THE PECUNIARY LIABILITY.

After accused recovers from insanity - SENTENCE EXECUTED IF IT HAS NOT

YET PRESCRIBED.

PROGNOSTIC TEST: ON INSANITY

One who is deprived completely of reason or discernment and freedom of the will at the time of the
commission of the crime. (2010 CLE)

A. Discernment C. Epilepsy
B. Insanity D. Imbecility

PROGNOSTIC TEST: ON INSANITY AND EMBECILITY

Which of the following is exempted from criminal liability? (2003 CLE)

A. All of these C. Insane

B. Imbecile D. Moron

PROGNOSTIC TEST: ON INSANITY

What will be the effect on the criminal liability of the accused who was sane when he committed the
crime, but becomes insane at the time of the trial? (2003 CLE)

A. He is exempt from the criminal liability under paragraph 1 of Article 12 of

the Revised Penal Code.
B. He is still criminally liable but his trial will be suspended until his mental
capacity will be restored to afford a fair trial.
C. His criminal liability will be extinguished.
D. NONE of these.

2 - 3. Minority is exempting because a minor in the eyes of the law they act without intelligence
thus making them without the ability to appreciate their acts.

Note: Pursuant to R.A. 9344: minors 15 years old and below are totally exempt from criminal liability.
Minors above 15 but below 18 years of age are likewise exempt unless such minor has acted with
discernment while committing the crime. Discernment refers to the mental capacity to fully appreciate
the consequences of ones unlawful acts or of what is right or wrong.

PROGNOSTIC TEST: ON DEFINITION OF DISCERNMENT

1. The mental capacity to understand the difference between right and wrong. (2010 CLE)

A. Treachery C. Recidivism
B. Premeditation D. Discernment

2. What is meant by discernment under paragraph 3 Article 12 of the Revised Penal Code? (2003
CLE)

A. It is the mental capacity to understand the difference between right and wrong
B. It is the mental capacity of a minor between 9 and 15 years of age to fully appreciate the
consequences
C. It is the ability to grasp the significant factors of a complex problem of a new situation
D. Some of these

PROGNOSTIC TEST: ON CIRCUMSTANCE OF MINORITY-INSANITY-EMDECILITY

 Who is exempt in all cases, from criminal liability? (2003 CLE)

A. A person under nine years of age C. An imbecile

B. An insane D. all of these

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

NOTE: Accident refers to any happening beyond the control of a person the consequences of which
are not foreseeable. NOTE: If the happening or event is foreseeable, there is fault or culpa. The
exempting circumstance of accident is based on the Latin maxim of damnum absque injuria which
means Damage without injury.

PROGNOSTIC TEST: ON DEFINITION OF ACCIDENT

Something that happen outside the sway of our will, and although it comes about through some acts
of our will, lies beyond the bounds of humanly foreseeable consequences. (2010 CLE)

A. Fortuitous event C. Accident

B. Faith D. Destiny

5. Compulsion of an irresistible force here, the person is compelled (forced) to do act due to the
physical force inflicted upon his person by another person. Thus, if X was being struck with the butts
of the guns of A and B for X to bury the victim killed by A and B, X cannot be made liable as
an accessory to the crime committed by A and B because X acted under the compulsion of an
irresistible force of being subjected to a physical force.

6. Impulse of an uncontrollable fear of an equal or greater injury here, no physical force is used
but a psychological fear by leading the actor to believe that an equal or greater injury would be inflicted
upon his person or his family if he will not do what the other person who gave the fear wanted him to
perform. Thus, if X is compelled under threat of being killed if he will not join the rebel, X is not
liable for Rebellion because X acted under an impulse of an uncontrollable fear. (US vs. Exaltacion, 3
Phils. 339)

NOTE: Irresistible force and uncontrollable fear are circumstance that reduces the actor to a mere tool
or instrument since he acted not only without a will but also against his will, hence he incurs no
criminal liability. These are based on the Latin maxim of actus me invito factus non est meus
actus which means an act done by me against my will is not my act.

7. Failure to perform an act required by law, when prevented by some lawful insuperable cause.
NOTE: This applies to crime by omission.

Insuperable cause is that cause which prevents a person to do what the law requires him to
perform. Insuperable shall mean impossible to overcome.

ILLUSTRATION:

A was arrested by PO1 X during a fiesta in an island barangay passable only by

a motorboat from the municipality. Due to big waves no motorboat were allowed to depart from the
island, and so PO1 X were not able to file the case within the period prescribed under Art. 125, RPC
(12, 18, or 36 hours from arrest), because of insuperable cause of non-availability of transportation
due to big waves.
WHAT ARE THE DIFFERENT ACTS OF MALPRACTICE COMMITTED BY PUBLIC OFFICIALS?

Misfeasance it is the improper performance of an act that is lawful in itself.

Malfeasance it is the doing of a wrongful or illegal act by a public official.

Nonfeasance it is the failure to perform an act when under obligation to do so.

Dereliction is a willful neglect or abandonment of ones duty.

PROGNOSTIC TEST: 0N MALPRACTICES OF PUBLIC EMPLOYEES

The improper performance of some act which might lawfully be done. (2010 CLE)

A. Misfeasance C. Nonfeasance
B. Malfeasance D. Dereliction

WHAT ARE THE OTHER CIRCUMSTANCES NOT PROVIDED UNDER ART. 12, RPC WHICH MAY
EXEMPT A PERSON OF CRIMINAL LIABILITY?

Absolutory causes those where the act is considered a crime but by reason of public policy the
accused is exempted from criminal liability. Thus the following are absolutory causes:
 1. Spontaneous desistance during the attempted stage under Art. 6;

2. Exemption of accessories for light felonies under Art. 16 in relation to Art. 7;

3. Accessories exempted from criminal liability under Art. 20 in relation to Art.19;

4. Exemption of certain persons from criminal liability in crimes of theft, estafa

and malicious mischief under Art. 332, RPC;

5. Death or physical injuries inflicted under exceptional circumstances under Art.

247, RPC;

6. Relationship under Art. 332, RPC;

7. Marriage by the offended party with the offender under Art. 344, RPC; and

8. Instigation by a police officer of innocent person.

WHAT IS INSTIGATION AND ENTRAPMENT?

Instigation is one where it takes place when a peace officer (police officer) induces an innocent
person to commit a crime. It is exempting by reason of public policy because the mens rea originates
from a peace officer.

NOTE WELL: If it is a private person who is the inducer, the person induced is criminally liable.

PROGNOSTIC TEST: SITUATIONAL QUESTION ON INSTIGATION

Suspecting that Juan was a drug pusher, SPO2 Mercado, leader of the NARCOM team, gave Juan a
P100-bill and asked him to buy some marijuana cigarettes. Desirous of pleasing SPO2 Mercado, Juan
went inside the shopping fifteen minutes, Juan returned with the sticks of marijuana cigarettes which
he gave to SPO2 Mercado who thereupon placed Juan under arrest and charged him with violation of
The Dangerous Drug Law by selling marijuana cigarettes. Is Juan guilty of any offense punishable
under the Dangerous Drugs Act? (2011 CLE)

A. No, Juan is not guilty of any offense

B. Yes, Juan is guilty under any offense
C. Yes, for illegal possession of marijuana
D. Yes, for illegal selling of marijuana
E. C and D only

Entrapment is the employment of ways and means resorted to by police officers for the purpose of
trapping or capturing usually an elusive criminal. It is not exempting nor mitigating as the mens rea
originated from the person who is already violating a law being entrapped. NOTE: Buy-bust in drug
cases is a form of entrapment.

PROGNOSTIC TEST: SITUATIONAL QUESTION ON ENTRAPMENT

Rudy is an informer who told the Police authorities that Aldo is a drug pusher. PO2 Cruz then posed as
a buyer and persuaded Rudy to tell Aldo to sell marijuana worth P10.00 to him. Rudy agreed. He
delivered the goods and so Aldo was apprehended with the marked money. Aldo is now prosecuted for
violation of the Dangerous Drugs Act. Is the act of the police officer proper?

A. No, because there was investigation

B. Yes, because Aldo is a pusher
C. Yes, because there was entrapment
D. A and C
E. No, because it was the policeman himself who acted as pusher buyer

WHAT ARE MITIGATING CIRCUMSTANCES?

1. Incomplete justifying (IJ) and incomplete exempting (IE) circumstances this takes place
when the act of the accused is not wholly excusable as there is lack of the elements to fully justify or
exempt the actor from criminal liability. Pursuant to Art. 69, RPC, the rule shall be observed in the
mitigating the imposable penalty.

THUS: IF ONLY UNLAWFUL AGGRESSION (UA) IS PRESENT 1 DEGREE LOWER

ILLUSTRATION:

A slapped B in a public meeting. Embarrassed by the incident, B attacked A with a ball pen. A
defended himself by shooting B with a gun. B died as a result. In this case, there is only one
element of unlawful aggression - that is, when B attacked A with a ball pen. The second element of
reasonable necessity of the means employed by A to repel the aggression of B is absent as there is
great disparity by the use of gun as against a ball pen. The third element is also lacking as A was the
first one who gave the provocation.

THUS: U/A PLUS REASONABLE NECESSITY OR LACK OF SUFFICIENT PROVOCATION 2

DEGRESS LOWER

ILLUSTRATION:

A jokingly greeted B with a slight kicked in the leg but B got offended and attacked A with a ball
pen. A defended himself by shooting B with a gun who died there and then. In this situation, slight
kicking by A with B is not sufficient provocation. So, there are two elements involved here
unlawful aggression and lack of sufficient provocation. There was however unreasonableness of the
means employed by B in repelling the aggression of B.

ILLUSTRATION OF INCOMPLETE EXEMPTING:

The best example is the exempting circumstance of ACCIDENT, where the accused is guilty of a
contributory negligence by did not performing the act with due care. In such a case, the accused
cannot properly invoke the exempting circumstance of accident for him to be completely exempt from
criminal liability.

2. The offender is over 15 but below 18 years of age or those over seventy years the mitigating
circumstance of minority shall apply only to those minors who are over 15 but below 18 years of age
and have acted with discernment when they committed the crime, otherwise they are exempt of
criminal liability pursuant to RA 9344. Minority is always a privileged mitigating circumstance that
warrants one degree lower than that imposed by law as provided in Art. 68, RPC. Both in Art. 47 RPC
and RA 9344, minority exempts all minors from death penalty. Accused over 70 years old if imposed
with death penalty, such penalty shall be commuted to reclusion perpetua.

PROGNOSTIC TEST: ON PRIVILIGED MITIGATING OF MINORITY

The penalty to be imposed to an accused over 9 years of age but below 15 years old will be lowered
by (2011 CLE)

A. Two degrees C. One degree

B. Three degrees D. Four degrees

3. Lack of intent to commit so grave a wrong (Praeter intentionem) this takes place where the
offenders intent was merely to inflict a minor offense but the felony resulted is grave by circumstances
beyond the control of the offender.

NOTE: The intent of the offender may be ascertained by considering the weapon used; part of the
body injured; the nature of the injury inflicted; and the manner of the attack. However, if death occurs
intent is presumed.

4. Sufficient provocation or threat this circumstance is appreciated if the following requisites are
present, namely: that, (a) the provocation must be sufficient or enough to excite the offender to commit
the crime; (b) the provocation have originated from the offended party; and (c) the provocation must be
immediate to the commission of the crime.

NOTE: Provocation means any act of the offended party that excites or stirs up emotions or actions,
while threat refers to any act that would indicate that harm or injury will be inflicted.

5. Immediate vindication of a grave offense this circumstance occurs when the accused
responded as an immediate vindication to the offense committed by the victim upon his person, or
upon his wife, ascendants, descendant, legitimate, natural or adopted brothers or sisters or
relatives by affinity within the same degrees.

NOTE: The grave offense mentioned in this circumstance need not be a crime or a felony. Highly
offensive and degrading words uttered against the accused and his immediate relatives mentioned
above may be considered a grave offense that warrants an immediate vindication from him. To
determine the gravity of the offense in vindication is age and social standing of the accused, and the
time and place of the commission of the crime.

DISTINCTIONS BETWEEN PROVOCATION AND VINDICATION OF GRAVE OFFENSE:

a. In provocation, the attack is directed against the person committing a felony, while in vindication, the
attack need not only be directed against the accused but also an attack against his relatives
mentioned in the law;

b. In provocation, the provocation must be immediate to the commission of the crime, whereas in
vindication, the vindication may be proximate (relative nearness of time) but not necessarily be
immediate after the attack.

PROGNOSTIC TEST: ON DIFFERENCE OF PROVOCATION AND VINDICATION

 Which of the following statement is NOT true? (2003 CLE)

A. In vindication, the grave offense must be made directly only to the person committing the felony.
B. In vindication, the vindication of the grave offense must be proximate which admits of an interval of
time between the grave offense done by the offender and the commission of the crime by the
accused.
C. In provocation, it is necessary that the provocation or threat immediately preceded the act, or there
must be no interval of time between the provocation and the commission of crime.
D. In provocation, the cause that brought about the provocation need not be a grave offense.

6. Passion or obfuscation this arises when the offender was provoked by a previous unjust or
improper conduct of the offended party or victim that made the offender to loss his reason and self-
control. To be mitigating the passion or obfuscation must proceeds from a lawful and NOT unlawful
sentiments. Thus, there is passion or obfuscation when the husband saw his wife with another man in
a park embracing and kissing each other. But passion or obfuscation is absent where the 2 girls were
killed and raped by the offender for the reason that their mother failed to pay his wages; or where the
offender raped the victim because according to him he was obfuscated (blackened or mystified) upon
seeing the voluptuous (provocative and sexually alluring) body of the victim. (People vs. Laspardas, L-
46146, Oct. 1979)

PROGNOSTIC TEST: ON CIRCUMSTANCE OF PASSION OR OBFUSCATION

Which of the following is an mitigating circumstance? (2003 CLE)

A. An act done under the impulse of an uncontrollable fear of an equal or
greater injury.
B. An act done in obedience to an order by a superior for some lawful purpose.
C. Having acted upon an impulse so powerful as to have naturally produced
passion and obfuscation.
D. An act done in fulfilment of a duty or in the lawful exercise of a right or
office.

PROGNOSTIC TEST: SITUATIONAL QUESTION ON PASSION OR OBFUSCATION

Rudy killed Dick out of rivalry for the love of Dina. What mitigating circumstance is present? (2009
CLE)

A. Passion and Obfuscation C. Confession of guilt

B. Vindication of grave offense D. Provocation of threat

7. Voluntary surrender and voluntarily plea of guilty - these circumstances arises only after the
commission of the crime. For voluntary surrender to be mitigating the offender must have voluntarily
surrendered to the person in authority or its agent before he is actually arrested. On the other hand, for
voluntary plea of guilty to be mitigating, the plea must be made spontaneously and unconditionally
by the accused in open court before the presentation of evidence by the prosecution.

NOTE WELL: A person in authority is one who is directly vested with jurisdiction and power to govern
and execute the law. While, an agent of a person in authority, is one charged with the maintenance of
peace and order and the protection and security of life and property, 1or any private person who
comes to the aid of persons in authority. (Art. 152, RPC)

EXAMPLES OF PERSON IN AUTHORITY:

Governors and mayors, Division Superintendent of public schools, , Provincial and City Prosecutors,
Judges of the Courts, Municipal Councilors, Barangay Captain and barangay chairman, Members of
Sangguniang Panlalawigan, Panglungsod, and Members of the Lupong tagapamayapa and Pangkat
ng Tagapagkasundo.

NOTE: Public and Private School teachers are considered person in authority only for the purpose of
Direct Assault (Art. 148) and Resistance (Art. 151) in connection with their duties. Barangay Police and
Members of the PNP are mere agents of a person in authority.

8. The offender is deaf and dumb, blind or otherwise suffering some physical defect the
physical defect contemplated under this circumstance is such that it restricts the offenders means of
action, defense, or communications with his fellow beings, otherwise it is not mitigating.

9. Illness that diminishes the will-power of the offender - the illness suffered by the accused
though affect his will power must not deprived the offender of the consciousness of his acts like a
person who suffered from mild psychosis or schizophrenic reaction.

10. Analogous circumstances of similar nature - like returning stolen property in theft cases, a
crime committed by a 60 year old with failing eyesight is analogous to a crime committed by a person
over 70 year of age, jealousy by a husband of his wife is similar to passion and obfuscation.

WHAT ARE AGGRAVATING CIRCUMSTANCES?

1. That advantage was taken by the offender of his public position this AGC applies only when
the offender is a public officer who used the influence, prestige or ascendancy inherent in his position
for the purpose of committing the crime.
 NOTE: This circumstance of taking advantage of public position shall not be considered if it is an
integral element of the crime as in Direct, Indirect or Qualified Bribery. But this circumstance is present
where a police officer after committing robbery with homicide succeeded in going through a check
point unsuspected using his public position as a police officer.

2. Crime was committed in contempt of or with insult to the public authorities this
circumstance is present in the commission of crime if the following requisites are present:
a. The public authority is performing his duties;
b. The offender knows him to be a public authority;
c. That despite the offenders knowledge of the presence of such public authority he continued to
commit the crime;
d. The crime committed must not be against the public authority otherwise it is direct assault and
this AGC will not be considered as it is inherent in said crime.

PROGNOSTIC TEST: ON WHO IS A PERSON IN AUTHORITY

Which of the following is not person in authority? (2010 CLE)

A. Municipal mayor C. Police Officer

B. Private School Teacher D. Municipal Councilor

NOTE: The term public authority for purposes of this circumstance shall refer to a person in authority
who is directly vested with jurisdiction and power to govern and execute the laws such as, the
President, Vice President, Senators, Congressmen, Governors, Mayors, Councilors, Judges, and
Barangay Captains. Hence, a killing while a policeman is present is not aggravated by contempt or
insult of public authority as the policeman is merely an agent of a person in authority.

PROGNOSTIC TEST: ON IN CONTEMPT OR INSULT OF PUBLIC AUTHORITY

Rino introduced himself as the Municipal Mayor as he was pacifying Bruno and Kulas who were
fighting inside a beer joint. Notwithstanding his presence, Bruno and Kulas continued to fight until
Bruno succeeded in killing Kulas. What aggravating circumstance is present? (2011 CLE)

A. In contempt or with insult to the public authority C. Disregard of Rank

B. Abuse of confidence D. Band

PROGNOSTIC TEST: ON IN CONTEMPT OR INSULT OF PUBLIC AUTHORITY

Pascual operated a rice thresher in Barangay Napud where he resided. Renato, a resident of the
neighboring Barangay Guihaman, also operated a mobile rice thresher which he often brought to
Barangay Napnud to thresh the Palay of the farmers there. This was bitterly resented by Pascual. One
afternoon Pascual, and his two sons confronted Renato and his men who were operating their mobile
rice thresher along a feeder road in Napnud. A heated argument ensued. A barangay captain who was
fetched by his men tried to pacify the confrontation. However, Pascual resented the intervention of the
barangay captain and hacked him to death. (2009 CLE)

A. Homicide with direct assault upon a person in authority C. Direct assault

B. Homicide with assault upon an agent of a person in authority D. Homicide
E. Indirect assault

3. The act was committed (a) with insult or in disregard of the respect due the offended party on
account of his rank, age, or sex, or that (b) it be committed in the dwelling of the offended party, if
the latter has not given provocation there are 4 circumstances in this category of AGC, such as:

a. Disrespect of sex of the offended party refers only to female sex and not to the male sex, like
attacking and killing a woman. Here, there was disregarded of due respect on account of sex as Y
being a woman.

NOTE WELL: But sex is not aggravating in Parricide, Rape, Forcible abduction or Seduction, because
being a woman is a necessary element in these crimes.

b. Disrespect of age of the offended party refers to old age or the tender age of the victim, like an
attack and killing by a 25 year old boy of a 75 year old man.

PROGNOSTIC TEST: ON DISRESPECT OF AGE AND SEX OF VICTIM

What circumstances can be considered aggravating with the slaying of an 80 years old woman. (2011
CLE)

A. Abuse of confidence C. Disregard of age and sex

B. Neglect of elders D. Disrespect of rank

c. Disrespect of rank of the offended party refers to the public position which the offended party
holds in relation to others, like an attacked by a subordinate police officer of his senior ranking officer,
but not an attack of an Inspector with another Inspector of the same position.

NOTE WELL: The above 3 mentioned aggravating circumstances can be considered only in crimes
against person and honor.
d. Dwelling (aka, morada) refers to a structure or building exclusively used for rest and comfort
which includes dependencies, staircase, and enclosures under the house. But a sari-sari store, or a
market stall, a gambling or prostitution den is NOT a dwelling. The offender need not enter the dwelling
of the offended party in order to attain his purpose. The victim need not even own the house when he
was killed (People vs, Basa, 83 Phil. 622). Thus, a boarding house is included in the definition. There
is still dwelling even if the attacker shot the victim in his house from outside, for as long as the victim
did not give the provocation. In People vs. Lacanieta, the SC held there is dwelling where the victim
was forcibly taken from her house and then was raped or killed outside.

PROGNOSTIC TEST: ON DEFINITION OF DWELLING

A building or structure, exclusively used for rest and comfort. (2010 CLE)

A. Sanctuary C. Jail
B. Prison D. Dwelling

NOTE WELL: Dwelling is not considered in the following cases:

a. Where the victim while inside his house has given provocation to the offender.
b. When the offender and the victim are both occupant of the same dwelling.
c. In the crime of Trespass to Dwelling as it is inherent of the crime.
d. In Robbery with force upon things as the dwelling is inherent in said crime, but aggravating in
Robbery with Homicide as this kind of robbery can be committed without transgressing the sanctity of
the house. (People vs. Pareja, 265 SCRA 429)

PROGNOSTIC TEST: SITUATIONAL QUESTION ON DWELLING

Berto unlawfully shot to death Facundo while the latter was at his brothers house. What aggravating
circumstance is present? (2011 CLE)

A. Disregard of sex C. Nighttime

B. Dwelling D. Superior strength

4. The act was committed with abuse of confidence or obvious ungratefulness there are 2
circumstances under this category abuse of confidence and obvious ungratefulness.

There is abuse of confidence when the following requisites are present:

The offended party had given a trust and confidence to the offender;
The offender abused the trust by committing a crime against the offended party;
The abuse of confidence facilitated the commission of the crime.

EXAMPLE: A housemaid who stole the jewelries of her employer or a collector of lending company
who did not remit and instead pocketed his collections.

There is obvious ungratefulness when the following requisites concur:

The offended party had trusted the offender;
The offender abused such trust by committing a crime against the offended party;
The crime was committed with obvious ungratefulness on the part of the offender.

5. The crime was committed in the (a) palace of the Chief Executive or (b) in his presence, or (c)
where public authorities are engaged in the discharge of their duties, or(d) in a place dedicated
to religious worship there are 4 circumstances mentioned in this category of aggravating
circumstance, namely:

1. Committing crime in the Palace of the Chief Executive (Malacaang Palace);

2. Committing crime in the presence of the Chief Executive (President);

3. Committing crime while public authorities are engaged (performing) their public function; and

4. Committing crime in a place dedicated to religious worship.

NOTE WELL: In the first category, it is appreciated even if the President is not present at the time
when offender committed the crime, as long as the offense was committed in the palace of the Chief
Executive (inside Malacaang Palace).

The second category, is appreciated whether the President is performing his function or not, for as
long as the crime was committed in his presence.

The third category, the public authority should be actually engaged in the discharge of their duties for
such to be considered and appreciated.

The fourth category, it is considered even if no religious rite is actually held. For as long as the crime
was committed in the place dedicated to religious worship, it is appreciated because it shows the
offenders greater perversity for his lack of respect for the place. But a cemetery is not a place
dedicated for religious worships.

6. The crime was committed in the night time, or in an uninhabited place, or by a band,
whenever such circumstances may facilitate the commission of the offense.
For Nighttime (aka, nocturnity), Uninhabited Place (aka, despoblado) or Band (en cuadrilla) to be
aggravating the following elements must concur:

a. When it facilitated the commission of the crime;

b. When especially sought for by the offender to insure the commission of the crime or for the purpose
of impunity;
c. When the offender took advantage thereof for the purpose of impunity.
NOTE: Nighttime it is that period of time from sunset to sunrise or from dusk to dawn. Thus, there is no
aggravating circumstance of nocturnity if offenders identity is known because the place where he
committed the crime is well-lighted.

NOTE: The circumstance of a band is appreciated if the crime was committed by more than 3 armed
malefactors (at least 4).

NOTE: It is not that the place is uninhabited that the offender especially sought to facilitate his evil
purpose, or of the distance of nearest houses to the crime scene for this circumstance to be
appreciated, but for the greater impossibility of the victim to seek for assistance.

7. The crime was committed on the occasion of a conflagration, shipwreck, earthquake,

epidemic or other calamity or misfortune.

NOTE: For any of the calamity mentioned in this category of aggravating circumstance to be
appreciated, it is necessary that the offender took advantage of them, otherwise they cannot be
considered as when the crime coincidentally happened only during the calamity.

8. The crime was committed with the aid of armed men or persons who insure or afford
impunity.

NOTE: For the offender to be aggravated of his liability with the aid of armed men, it is important that
the offender had availed and relied of their presence without which the offender could not possibly
attain his evil purpose. The armed men must not directly take part in committing the crime, for it is so,
this aggravating circumstance is absent as the other aggravating circumstance of abuse of superior
strength is the one considered. It will give rise also to a conspiracy IF proven that they acted with unity
of purpose.

9. The accused is a recidivist.

DIFFERENT FORMS OF HABITUALITY:

Recidivism this takes place when at the time of his trial for one crime, the accused shall have been
previously convicted by final judgment of another crime embraced in the same title of the Revise
Penal Code. NOTE: it is appreciated against the accused no matter how many years have intervened
between the first and second felonies.

Thus the RULE:

HOMICIDE PLUS MURDER OR RAPE = R
RAPE PLUS ROBBERY = NOT R
NO PREVIOUS CONVICTION BY FINAL JUDGMENT = NO R

PROGNOSTIC TEST: ON DEFINITION OF A RECIDIVIST

One, who at the time of his trial for one crime have been previously convicted by final judgement of
another crime embraced in the same title of the Revised Penal Code. (2010 CLE)

A. Recidivism C. Reiteracion
B. Habitual delinquency D. Quasi-recidivism

PROGNOSTIC TEST: SITUATIONAL QUESTION ON RECIDIVISM

Jorge is under detention for killing Artemio. One day he was involved in a fight with a fellow inmate. He
killed his fellow inmate, thus a case of homicide was also filed. Is Jorge a recidivist? (2011 CLE)

A. Yes, because his second crime is considered as felony.

B. Yes, because he is embraced in the same title of the code.
C. No, because he is convicted of his first crime.
D. No, because he is not yet convicted of his first crime.

PROGNOSTIC TEST: ANOTHER SITUATIONAL QUESTION ON RECIDIVISM

Accused was convicted of Homicide on September 15, 1983. No appeal was made, judgement
became final on October 1, 1983. He got his second conviction rendered on October 26, 1983 for
Murder. He is called by law as a ______________. (2003 CLE)

A. Hardened criminal C. Recidivist

B. Habitual offender D. Habitual delinquent

Quasi- recidivism - it takes place when a person before serving sentence or while serving sentence
shall commit another felony.

Thus the rule is:

Felony plus felony = QR
Offense plus felony = QR
Felony plus Offense = NOT QR

PROGNOSTIC TEST: ON DEFINITION OF QUASI-RECIDIVISM

A special aggravating circumstance where a person, after having been convicted by final judgement,
shall commit a new felony before beginning to serve such sentence, or while serving the same offense.
(2010 CLE)

A. Quasi-recidivism C. Reiteracion
B. Recidivism D. Charivari

Reiteracion (aka, habituality) is one which occurs when the accused who at the time of his trial for
an offense, had previously served a sentence for 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. Concept to remember:
FROM BIGTIME TO SMALL TIME

PROGNOSTIC TEST: ON REITERACION OR HABITUALITY

1. When an accused is on trial for a new crime and has previously served sentence for another crime
to which the law attaches an equal greater penalty, or for two or more crimes to which the law attaches
a lighter penalty, theres an aggravating circumstance of: (2009, 2011 CLE)

A. Abuse of Confidence C. Treachery or alevosia

B. Reiteracion or habituality D. Unlawful Entry

2. The offender has been previously punished for an offense to which the law attaches an equal or
greater penalty or two or more crimes to which it attaches a lighter penalty. (2010 CLE)

A. Reiteracion C. Quasi-recidivism
B. Recidivism D. Habitual delinquency

Habitual delinquency (aka, multi-recidivism) this occurs when within a period of 10 years from the
date of conviction or last release of a person for any of the crimes of falsification, robbery, estafa, theft,
serious or less Serious physical injuries, he is found guilty a 3rd time or oftener.

The rule is: 10 BY 3 of FRETSEL = HD

PROGNOSTIC TEST: ON DEFINITION OF HABITUAL DELINQUENCY

1. A person if within the period of 10 years from the date of his release or last conviction of the crime of
serious or less serious physical injuries, robbery, theft, estafa or falsification, he is found of the said
crimes a third or oftener. (2010 CLE)

A. Recidivist C. Habitual delinquent

B. Quasi-recidivist D. Hardened criminal

2. When a person within a period of ten years from the date of his release or last conviction of the
crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of
any of the said crimes a third time or oftener, it is ___________. (2003 CLE)

A. Quasi-recidivism C. Habitual delinquency

B. Reiteracion or habituality D. Recidivism

DISTINCTION BETWEEN: RECIDIVISM QUASI- RECIDIVISM - REITERACION HABITUAL

DELINQUENCY

In Recidivism, offender was previously convicted by final judgment of a crime embraced under same
title of the RPC. It is always aggravating if present.

In Quasi-recidivism, offender before or while serving sentence commits another felony not a crime
punished by special law. If present cannot be offset by any mitigating circumstance.

In Reiteracion, offender is previously punished with equal or greater penalty or of 2 lighter penalty for
crimes even not of the same title of the code. Its appreciation is discretionary of the court, hence not
always aggravating.

In Habitual Delinquency, offender within the period of ten years committed the crime of falsification,
robbery (robo), estafa (swindling), theft (hurto) or serious or less serious physical injury for a third time
or oftener.

10. 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.

Note: This is the case of reiteracion or habituality, wherein despite the previous punishment by the
offender, he did not learn his lesson.

11. The crime was committed in consideration of a price, reward, or promise this takes place
where the crime was committed by reason of a price, reward or promise in money or in kind, without
which the offender would not have committed the offense. The offeror and the offeree are both
principals of the crime committed. The former is principal by induction and the latter as principal by
direct participation. Mere promise of something for the attainment of the crime is sufficient. If present,
the killing of person is elevated to murder.

12. The crime was committed by means of inundation, fire, poison, explosion, stranding of a
vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other
artifice involving great waste and ruin.

NOTE: the above-mentioned circumstances are also provided in Art. 249, RPC that if present would
qualify the killing of person to the crime of murder. Thus, if fire was used to kill a person the crime
committed is Murder and NOT arson with homicide. But if the intention was to burn the house and by
reason or on the occasion thereof a person is killed, the crime is denominated Arson with Homicide, as
a special complex crime.
13. The act was committed with evident premeditation.

NOTE: There is evident premeditation when the following elements are present:
a. The time when the offender determined to commit the crime;
b. An act manifestly indicating that the offender has clung to his determination;
c. Sufficient lapse of time between such determination and execution allowing him to reflect upon
the consequences of his act.

Hence, there is no evident premeditation if the attack was made in the sudden outburst or in the
heat of anger as it is not a product of a pre-planned or pre-conceived attack. Evident premeditation
is also absent in crimes against property as it is inherent in said crimes. However, in robbery with
homicide it may be appreciated if aside from stealing the offender has also that pre-meditated
intent to kill the victim.

PROGNOSTIC TEST: ON EVIDENT PREMEDITATION

Which among the following IS NOT a requisite for evident premeditation and therefore should NOT
be apprehended? (2003 CLE)

A. One day meditation/reflection and offered reward to killer

B. Sudden outburst of anger
C. Sufficient interval of time between time crime was conceived and actual perpetuation
D. Time when offender planned to commit the offense

14. That craft, fraud or disguise was employed.

NOTE WELL:

Craft, is cunning or intellectual trickery or chicanery resorted to by the accused in committing the
crime. There is craft where the means employed by the offender is such as not to arouse suspicion
from the victim.

EXAMPLE: pretending to be a police officer or NBI agent or a lineman of telephone company in order
to gain entry into the house of the victim, OR where the offender befriended the victim and lured the
latter to go to a secluded place and killed the victim.

Fraud is one which constitutes deceit manifested by insidious (deceptive) words or machinations (wily
plot) like making somebody to believe ones act or thing as true.

EXAMPLE: where the offender told the victim to drop his weapon as he is unarmed and just settle their
differences amicably, but once the victim had dropped his weapon, the offender stab him with his knife
hidden in his back.

Disguise, is the use of any device or artifice resorted to by the accused to conceal (hide) his identity,
like covering the face with a handkerchief or where the offender blackened his entire with a charcoal in
order not to be identified by his raped victim. NOTE: Despite the offender have used a disguise but he
is recognized, there is no aggravating circumstance of disguise.

PROGNOSTIC TEST: ON CIRCUMSTANCE OF CRAFT-FRAUD-DISGUISE

1. Which of the following terms means resorting to any evidence to conceal identity? (2003 CLE)

A. Disguise C. Craft
B. NONE of these D. Fraud

2. _____________ is the use of any device or artifice by the accused to conceal his identity. (2003
CLE)

A. Mistaken identity C. Cover

B. Craft D. Disguise

15. That advantage be taken of superior strength or means be employed to weaken the defense.
If present in the crime of killing a person the case will be elevated to murder.

NOTE: For the aggravating circumstance of abuse of superior strength to be appreciated, the size,
age, gender and strength between the offender and the victim must be considered in every case. But
superiority in number does not necessarily amounts to abuse of superior strength unless the great
disparity is manifest and specially sought for by the offender. Thus, killing of a 10 year old boy by
a 25 year old big guy is murder. Likewise, an attack by an armed man upon an unarmed and
defenseless woman present a clear case of abuse of superior strength because of great disparity in
gender plus the weapon used.

16. The act was committed with treachery (aka, alevosia).

Note: There is treachery or alevosia when the offender commits any of the crimes against 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.

ELEMENTS OF TREACHERY:
a. That at the time of the attack, the victim was not in a position to defend himself;
b. The means method and manner were deliberately and consciously adopted by the offender.

PROGNOSTIC TEST: ON TREACHERY

Alevosia means (2010 CLE)

A. Craft C. Evident premeditation

B. Treachery D. Cruelty

Thus, there is treachery even if the attack was frontal if the mode of attack is in such a way that the
victim was not given any chance to either fight or retreat.

NOTE: The killing of child of tender years is Murder qualified by treachery, even if the manner of the
attack is not shown, as being of tender age they could not be expected to put up the necessary
defense.

17. That means be employed or circumstances brought about which add ignominy to the
natural effects of the act.

Ignominy- is a circumstance which adds disgrace and obloquy to the injury caused by the crime.

It is the performance of an act by the offender which would add disgrace, shame and humiliation or an
act of adding to the moral suffering of the victim because of the crime. THUS: raping the wife in the
presence of her husband after robbing them; or putting mud on the genital organ of the victim after
raping her; or putting cogon grass around the offenders penis before raping the victim, or raping the
victim in a dog-style position (People vs. Saylan, 130 SCRA 159).

NOTE: Hence, it is wrong to consider ignominy where victims body was dismembered after its death.
18. The crime was committed after an unlawful entry unlawful entry is appreciated when an
entrance is effected by way not intended for the purpose like entering through a window. But escaping
through a window after committing the crime, unlawful entry is not aggravating. Likewise, breaking the
door to enter is not unlawful entry as this is covered by par. 19 of art. 14, RPC. There is also no
unlawful entry in trespass to dwelling or in robbery with force upon things as this circumstance is
inherent in these crimes.

19. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken
- this aggravating circumstance is present where any parts of house or building is broken as means of
committing the crime, but not if it is broken as a means of escape after committing the offense.

20. 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.

NOTE: The use of minors is aggravating as it shows the greater perversity of the adult offenders.

The use of motor vehicles or similar means is aggravating is only if it was purposely used for by the
offender to facilitate the commission of the crime, or to afford an easy escape, and not when it is
merely incidental.

21. The wrong done in the commission of the crime be deliberately augmented by causing
other wrong not necessary for its commissions.

Note: There is Cruelty when the accused deliberately augmented the physical pain and suffering of
the victim while still alive and have enjoyed and delighted watching the victim suffers gradually. It is a
deliberate prolongation of the suffering of the victim.

DISTINCTION OF IGNOMINY AND CRUELTY:

Ignominy refers to the moral suffering of the victim, while cruelty refers to the physical suffering of the
victim.

OTHER ADDITIONAL AGGRAVATING CIRCUMSTANCES NOT PROVIDED BY THE RPC:

 1. When the crime is committed by a syndicate. Syndicate refers to a group of 2 or more persons
collaborating, confederating or mutually aiding one another for the purpose of gain in the commission
of any crime.

2. When the offender committed the crime under the influence of drugs.

3. When the crime was committed with the use of a firearm per PD 1866, as amended by RA 8294

WHAT ARE ALTERNATIVE CIRCUMSTANCES? (ACRONYM - RIDE)

1. Relationship - The alternative circumstance of relationship is mitigating in crimes against property,

and it is aggravating in crimes against person except in less serious or slight physical injury which is
mitigating. Relationship shall be considered only when the offended party is the SADBroSA including
stepparent and stepchildren and the adopter and the adopted. In the case of brothers/sisters related
by blood and in law- they must be living together.
2. Intoxication - Intoxication is MITIGATING when the offender has committed the crime in a state of
intoxication, and the same is not habitual or subsequent to the plan to commit the felony. Intoxication
is AGGRAVATING if is habitual or intentional, or purposely sought for by the offender prior to the
commission of the crime.

PROGNOSTIC TEST: ON ALTERNATIVE CIRCUMSTANCE OF INTOXICATION

Before killing his victim, Abel drank gin to make him bolder in the commission of the crime. What
alternative circumstance is present? (2011 CLE)

A. Age and Rank C. Education

B. Intoxication D. Relationship

PROGNOSTIC TEST: ON ALTERNATIVE CIRCUMSTANCE OF INTOXICATION

How is accidental drunkenness appreciated as a circumstance in the commission of an offense?

(2003 CLE)

A. Exempting C. Mitigating
B. Justifying D. Aggravating

3. Degree of instruction or education- High degree of education and instruction is always

aggravating never mitigating when applicable, while low degree of education and instruction is
always mitigating never aggravating when applicable.

NOTE: It is not illiteracy alone but also lack of intelligence that one can properly avail of the alternative
mitigating circumstance of having low degree of education or instruction.

III PERSONS CRIMINALLY LIABLE

WHO ARE PERSONS CRIMINALLY LIABLE FOR FELONY?

For grave and less grave felonies: Principals Accomplices Accessories

For light felonies: Principals and Accomplices only (Art. 16, RPC)

WHO ARE PRINCIPALS?

1. Those who personally and directly takes part in the execution of the act, or so-called - Principal by
direct participation (PDP);

NOTE: A PDP may consist of 1, 2 or more offenders. To be called PDP, the offender or all of the
offenders must have participated in the commission of the crime otherwise, as in the case of
conspiracy, a conspirator who agreed to participate but did not appear at the scene of the crime is not
liable as PDP unless his liability is that of a PBI or PIC, or not liable at all if his non-appearance is a
desistance on his part. A PDP is an indispensable partner of PBI and PIC, for with whom will the PBI
and PIC cooperates, forced or induced.

PROGNOSTIC TEST: ON WHO ARE PRINCIPALS IN FELONIES

Persons who take direct part in the execution of a crime. (2010 CLE)

A. Accomplices C. Instigators
B. Accessories D. Principals

2. Those who directly force or induce others to commit the crime, or so-called Principal by
inducement or by induction (PBI);

NOTE: PBI may also consist of 1, 2 or more offenders. There are two ways of becoming PBI. FIRST:
by directly forcing another using irresistible force or causing uncontrollable fear. SECOND: by directly
inducing another by giving price, reward, promise or using words of command.
 Under the first category, the one who used irresistible force or caused uncontrollable fear shall be
liable as PBI, and the person or persons acting under such situation shall be exempt from criminal
liability.

In the second mode, the one who induced another to commit the crime in consideration of a price,
reward or promise is liable as PBI, and the one induced by any of the reasons aforementioned, will be
liable as PDP.

Likewise, by the words of command, the one who give the words of command is liable as PBI, while
the one who acted by such words of command is liable as PDP.

3. Those who cooperate in the commission of the offense by another act without which it would not
have been accomplished or so-called - Principal by indispensable cooperation (PIC).

NOTE: PIC may also consist of 1, 2 or more offenders. To be considered PIC, the PIC must have
participated in the criminal resolution (evil purpose) with the PDP, and that the PIC cooperated in the
commission of the crime by performing another act without which the crime would not have been
committed.

WHO IS AN ACCOMPLICE?

Accomplice (aka, accessory before the fact) is one who, not having participated as principal
cooperates in the execution of the offense by previous or simultaneous act.

NOTE: An accomplice must NOT conspire with the principal of the crime or be part of the conspiracy in
committing the crime lest he becomes principal also of the crime committed.

PROGNOSTIC TEST: ON ACCOMPLICE TO A FELONY

Those who, not being principals cooperate in the execution of the offense by previous or simultaneous
acts. (2010 CLE)

A. Accomplices C. Principal actors

B. Suspects D. Accessories

WHO ARE ACCESSORIES?

Accessories:
Those who profited or assisted the offender to profit by the effects of the crime and have
knowledge thereof but did not participate as principal or accomplice but takes part subsequent to
its commission.

NOTE: Those who profited from the effects of the crime knowing it to be the product of such crime
may be held liable as principal in the Anti-fencing law under P.D. 1612, aside from his liability as
accessory to the crime committed by the principal.

Those who concealed or destroyed the body, effects or instruments of the crime to prevent its
discovery.

Those who harbored, concealed or assisted in the escape of the principal of the crime with
abuse of his public function, OR whenever the principal is guilty of treason, parricide, murder or
an attempt to take the life of the President or that the principal is known to be habitually guilty of
some other crime

PROGNOSTIC TEST: ON ACCESSORY TO A FELONY

Who are criminally liable, when having knowledge of the commission of the crime, without having
principally participated therein, takes part subsequent to the commission, either in profiting, by the
effects of the crime, or by concealing or destroying the body of the crime? (2011 CLE)

A. Witnesses C. Principals E. All of these

B. Accessories D. Accomplices
NOTE: Where the principal is the spouse, ascendants, descendants, legitimate, natural, and adopted
brothers and sisters, or relatives by affinity within the same degree like, parents-in-law, brothers or
sisters-in-law of the accessories, one who takes part subsequent to the commission of the crime as
accessory is not liable, except those accessory who profited from the effects of the crime OR assisted
the principal to profit from the effects of the crime, is liable (Art. 20, RPC). However, those who
concealed or destroyed the corpus delicti or who harbored, concealed or assisted in the escape of the
principal may become liable for Obstruction of Justice under PD 1829.

IV - ALL ABOUT PENALTIES

WHAT IS PENALTY?

Penalty - is the punishment imposed by the lawful authority upon a person who commits an unlawful,
deliberate or negligent act.
 NOTE: No felony shall be punishable by any penalty not prescribed by law prior to its commission
(Art.21) nullum crimen nulla poena, nulla poena sine lege. there is no crime where there is no
penalty, there is no penalty without law.

WHAT ARE THE THEORIES JUSTIFYING THE IMPOSITION OF PENALTY?

1. Justice that crime has to be punished to vindicate the right violated by the
offender.

2. Correction or reformation that penalty are imposed to reform a criminal for man is considered as
basically good and economically beneficial to the state.

3. Self-defense that penalty is a form of social defense being an obligation of the State as protection
of its existence from the threat and wrong caused by criminals.

4. Exemplarity that penalty serves as an example to deter others from doing the same criminal acts
done by criminals.

WHAT ARE THE KINDS OF PENALTIES UNDER THE RPC?

1. PRINCIPAL PENALTIES those expressly imposed by the court as a penalty provided by law for
the felony committed.

2. ACCESSORY PENALTIES - those penalties deemed included in the imposition of the principal
penalties.
WHAT ARE THE CLASSIFICATIONS OF PENALTIES?

ACCORDING TO DIVISIBILITY:

1. Divisible those having fixed duration and can be divided into 3 periods.

NOTE: Period refers to one of the equal portions of divisible penalty known as minimum, medium-
maximum, while a degree refers to one unit of a penalty in the scale of penalties.

RULE ON DIVISIBLE PENALTY BY PERIOD PURSUANT TO ART. 64, RPC:

No MC and AC MEDIUM PERIOD
MC only - MINIMUM PERIOD
AC only - MAXIMUM PERIOD
MC and AC - OFFSET THEN APPLY ABOVE RULES
2 or more MC and NO AC - LOWER BY 1 DEGREE BUT IN PROPER PERIOD

NOTE WELL: Courts cannot lower the penalty by degree when there is presence of AC. In like
manner, courts cannot impose greater penalty than what is prescribed by law regardless of the
number and nature of the AC.

2. Indivisible those without duration such as death, reclusion perpetua, perpetual absolute or
special disqualification, and public censure.

NOTE: THE RULE ON INDIVISIBLE PENALTY PURSUANT TO ART. 63, RPC:

When the penalty imposed by law of the crime committed is single indivisible PENALTY
IMPOSED BY LAW regardless of any mitigating or aggravating circumstances attendant in the
crime.

If penalty is composed of 2 indivisible penalties, like reclusion perpetua to death for the penalty
of Murder, Infanticide, Parricide, etc:

THUS:

Presence of 1 mitigating circumstance (MC) LESSER PENALTY

Presence of aggravating circumstance (AC) GREATER PENALTY
No mitigating, no aggravating circumstance - LESSER PENALTY
Presence of MC and AC - OFF-SETTING

ACCORDING TO GRAVITY:

1. Capital Penalty those imposed on certain heinous crimes as a corporal punishment.

Death (re-imposed by RA 7659 effective Dec. 13, 1993 thru Lethal Injection but repealed by
RA 9346 effective 24, 2006).

NOTE: The death sentence shall be executed under the authority of the Director of Prisons at
the National Bilibid Prison. It is to be carried out after 1 year but not later than 18 months
from finality of judgment of conviction. (Art. 81, RPC)

2. Afflictive Penalty those imposed on grave felonies.

 Reclusion perpetua 20 yrs. and 1 day to 40 years.
Reclusion temporal -12 yrs. and 1 day to 20 years.
Prision mayor and Temporary disqualification (TD) 6 yrs, and 1 day to 12 years. If TD is
imposed as an accessory penalty the duration is that of principal penalty.
3. Correctional Penalty those imposed on less grave felonies.

Prision correccional 6 months and 1 day to 6 years.

Arresto mayor 1 month and 1 day to 6 months.
Suspension 6 months and 1 day to 6 years. When imposed as an accessory penalty the
duration shall be that of the principal penalty.
Destierro 6 months and 1 day to 6 years.

NOTE WELL: Reclusion perpetua, reclusion temporal, Prision mayor, Prision correccional, and
arresto mayor are to be executed and served in the places and penal establishments provided by
the Administrative Code. (Art. 86, RPC)

THUS:

MUNICIPAL PRISONERS (those with less than 6 months imprisonment) - Municipal Jails

CITY OR PROVINCIAL PRISONERS (those with over 6 months but not more than 3 years
imprisonment) City or Provincial Jails

NATIONAL PRISONERS (those with more than 3 years imprisonment) - National Penitentiary

4. Light Penalty those imposable on light felonies.

Arresto menor 1 day to 30 days. NOTE: Has to be served in municipal jail or in defendants
house under surveillance by officer of the law.
Public censure

ACCORDING TO SUBJECT MATTER:

Corporal
Deprivation of freedom as in the case of reclusion perpetua.
Reduction of freedom as in the case of destierro.
Deprivation of rights as disqualification and suspension.
Pecuniary as in the imposition of fine.

WHAT ARE THE ACCESSORY PENALTIES IMPOSABLE UNDER RPC?

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for, profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
Payment of costs.

WHAT ARE NOT CONSIDERED PENALTIES?

1. The arrest and temporary detention of accused persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their confinement in a hospital.

2. The commitment of minors considered as child in conflict with the law (CICL) to any of the
institutions under a suspended sentence by the court pursuant to Article 80, RPC in relation to PD 603,
as amended by Art. 38 of RA 9344.

3. Suspension from the employment of public office during the trial or in order to institute proceedings.
4. Fines and other corrective measures which, in the exercise of their administrative disciplinary
powers, superior officials may impose upon their subordinates.

5. Deprivation of rights and the reparations which the civil laws may establish in penal form.

NOTE: Above-mentioned measures are not considered penalties as penalties are to be imposed only
upon conviction by the courts after a fair trial.

WHAT IS THE DIFFERENCE OF RECLUSION PERPETUA (RP) AND LIFE IMPRISONMENT (LI)?

RP is a penalty imposed on crimes defined under the RPC, while LI penalty imposed on crime
punished by Special laws;
RP has a duration of 40 years but convict becomes pardonable after serving 30 years, while LI
has no fixed duration of imprisonment;
RP has accessory penalties, while does not have accessory penalties.
WHAT IS THE DIFFERENCE BETWEEN PREVENTIVE IMPRISONMENT (PI) AND
SUBSIDIARY IMPRISONMENT (SI)?

PI is an incarceration undergone by an accused charged with a non-bailable crime, or even if

bailable the detention prisoner cannot afford to post the bond for his temporary liberty. PI applies
only if the penalty imposed is consists of deprivation of liberty. (Art. 29, RPC)

NOTE WELL: Rule on PREVENTIVE IMPRISONMENT:

1. If the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules
imposed upon convicted prisoners, accused shall be credited FULL TIME of his PI, if not he shall
be credited only of 4/5 of the time, except if recidivist or convicted previously twice or more of
any crime, or fail to surrender when summoned for the execution of his sentence in which case
he is disqualified for a deduction of his PI.
2. When accused have already undergone PI for a period equal to or more than the possible
maximum penalty of his sentence for the offense charged and his case is not yet terminated, he
shall be released immediately without prejudice to the continuation of the trial.
3. In case the maximum penalty to which the accused may be sentenced is destierro, accused
shall be released after thirty (30) days of his PI.

SI is a personal penalty prescribed by law in substitution of the payment of fine embodied in the
decision when the same cannot be satisfied because of the culprits insolvency, at the rate of
P8.00 per day. (Art. 39, RPC)

NOTE WELL: Rule on SUBSIDIARY IMPRISONEMNT

NO subsidiary imprisonment if the penalty imposed is higher than prision correccional that is
more than 6 years imprisonment or prision mayor up.

If the penalty imposed is prision correccional or arresto and fine, the SI must not exceed 1/3 of
the term of the sentence, and in no case, to continue for more than 1 year. No fraction or part of
the day shall be counted against the accused.

If the accused is prosecuted for grave or less grave felony and the principal penalty imposed is
FINE only, the SI shall not exceed 6 months, and for light felony must not exceed 15 days.
WHAT IS A PENALTY OF FINE?

Fine - is one imposed as a single OR as an alternative pecuniary penalty other than imprisonment.

WHAT ARE THE PECUNIARY LAIBILITIES OF AN OFFENDER UNDER RPC?

1. The reparation of the damage caused.

2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.

WHEN IS FINE CONSIDERED AFFLICTIVE, CORRECTIONAL OR LIGHT PENALTY?

a. If amount of fine exceeds 6,000 pesos - AFFLICTIVE PENALTY

b. If amount of fine does not exceed 6,000 pesos but not below 200 pesos -
CORRECTIONAL PENALTY

c. If amount of fine is less than 200 pesos LIGTH PENALTY

QUERY: If X is imposed a single penalty of exactly 200 pesos, what kind of felony did X
committed?

NOTE WELL: If what is ask in the Board exam is what kind of penalty if the amount of fine is
exactly 200 pesos your answer shall be CORRECTIONAL PENALTY (Art. 26, RPC). But if the
question is what kind of felony, then you answer LIGHT FELONY (Art. 9, RPC).

PROGNOSTIC TEST: ON THE PENALTY OF FINE

What kind of penalty is imposed when an accused was sentenced to pay a fine of exactly PhP200.00.
(2009 CLE)

A. Correctional Penalty C. Less grave felony

B. Grave felony D. Light penalty

WHAT IS A TWO-TIERED PENALTY?

Two-tiered penalty is that penalty which occurs when the law provides that a penalty to a particular
crime is in addition to the penalty imposable for another crime which results from the commission of
such particular crime.
 EXAMPLE: Where a Jail guard was found guilty for Maltreatment of Prisoners under Art. 235, RPC
shall be punished of prision correccional in addition to the penalty for the physical injury suffered by
the maltreated prisoner.

WHAT IS A COMPLEX PENALTY?

Complex penalty - is a penalty composed of three distinct penalties each forming a period, the
lightest penalty shall be the minimum, the next the medium, and the most severe the maximum.

EXAMPLE: Reclusion temporal to death that is Death is the maximum; Reclusion perpetua is the
medium; Reclusion temporal as the Minimum.

PROGNOSTIC TEST: ON COMPLEX PENALTY

Which of the following is composed of three distinct penalties each forming a period? (2009 CLE)

A. Complex crime C. Complex Penalty

B. Complex Law D. Complex term

WHAT IS THE PENALTY OF CIVIL INTERDICTION?

Civil interdiction is the deprivation of the offender during the time of his sentence of the rights of
parental authority, or guardianship, either as to the person or property of any ward, of marital authority,
of the right to manage his property and of the right to dispose of such property by any act or any
conveyance inter vivos (during his lifetime). (Art. 34, RPC)

WHAT IS THE PENALTY OF DESTIERRO?

Destierro is a penalty imposed on certain crimes prohibiting the a convicted accused from entering
the place or places designated in the sentence , nor within the radius of not less than 25 but not more
than 250 kilometers from the place designated. (Art. 87, RPC)

IN WHAT CASES THE PENALTY OF DESTIERRO IS IMPOSED?

1. In death or serious physical injuries under exceptional circumstances (Art. 247, RPC). NOTE: But if
the injury inflicted is one other than serious physical injuries, he shall be exempt from punishment.

2. In case of failure to give bond for good behavior under Art. 284 RPC.

3. As a penalty for the concubine in the crime of concubinage under Art. 334, RPC.

4. When after reducing the penalty by one or more degrees, destierro is the proper penalty.

WHAT IS A THREE-FOLD RULE?

The three-fold rule it is a rule that if the convict were to suffer several penalties, the maximum
duration of his sentence shall not be more than three times the length of time corresponding to the
most severe penalty. (Art. 70, RPC)

NOTE WELL: Article 70 of the RPC applies if there are multiple imposition of penalties. It provides for
the rule on how the penalty is to be served, first simultaneously, if the nature of the penalty permits to
be served so, if not, the prisoner has to serve his penalty successively in the order of severity of
penalties prescribed in Art. 70, RPC. The three-fold rule provides for the rule mandating for the
prisoner not serve more than 3 times the most severe of the penalty and in no case to be deprived of
his liberty for more than 40 years. The 3-fold rule is used not to lengthen but to lessen the penalty.

ILLUSTRATION OF 3-FOLD RULE:

X was sentenced of 4 penalty of imprisonment that is: 3 years, 4 years, 5 years, 2 years. In totality,
that is 14 years imprisonment. Applying the 3-fold rule, get the most severe of the penalty, and that is
the penalty of 5 years. Then, multiply it with 3 and you will have 15 years. X will only have to serve 14
years

NOTE WELL: For reclusion perpetua, the duration shall be computed at 30 years, but in no case
shall it exceed 40 yrs as maximum period.

IN WHAT INSTANCES THAT DEATH SENTENCE SHALL NOT BE IMPOSED?

When the guilty person is below 18 years of age when he committed the crime.
When the guilty person is more than 70 years old, in which case the penalty shall be commuted
to reclusion perpetua.
When upon appeal or automatic review of the case by the Supreme Court, the required majority
vote is not obtained for the imposition of the death penalty, in which case, the penalty is
reclusion perpetua.

IN WHAT INSTANCES THAT DEATH SENTENCE SHALL BE SUSPENDED?

Upon a woman within three years from date of rendition of final sentence;
Upon a woman while she is pregnant or within 1 year after delivery (after giving birth to a child);
 Upon a convict who became insane after promulgation of final judgment, in which case, he shall
be committed to a government asylum for insane person for treatment.

WHAT ARE CRIMES PUNISHABLE BY DEATH?

Per RA. 7659, the following are punishable by death:

1. Treason
2. Qualified Piracy
3. Qualified Bribery
4. Parricide
5. Murder
6. Infanticide
7. Kidnapping and Serious Illegal Detention
8. Robbery with homicide, rape, intentional mutilation or arson
9. Rape with homicide, Rape with the use of deadly weapon, Rape committed by 2 or more persons.
10. Qualified Rape
11. Violation of certain provision of RA. 9165
12. Plunder
13. Destructive Arson
14. Qualified Carnapping

WHAT ARE THE RESPECTIVE LIABILITY OF THE PRINCIPAL, ACCOMPLICE, AND ACCESSORY IN
CONSUMMATED, FRUSTRATED AND ATTEMPTED FELONY?

SIMPLIFICATION OF PENALTY FOR THE 3 STAGES AGAINST OFFENDERS OF FELONIES AS

PROVIDED UNDER ARTICLES 50 TO 57 OF THE RPC:

CONSUMMATED FRUSTRATED ATTEMPTED

PRINCIPAL PENALTY GIVEN 1 degree lower of 2 degree lower of
BY LAW consummated Consummated
felony felony
ACCOMPLICE 1 degree lower of 2 degree lower 3 degree lower
consummated from consummated from consummated
felony felony felony
ACCESSORY 2 degree lower of 3 degree lower 4 degree lower
consummated from consummated from consummated
felony felony felony

EXAMPLE: HOMICIDE PENALTY PROVIDED BY LAW IS RECLUSION TEMPORAL

CONSUMMATED FRUSTRATED ATTEMPTED

PRINCIPAL RT PM PC
ACCOMPLICE PM PC AMA
ACCESSORY PC AMA AME

LEGEND: RTReclusion Temporal; PM-Prision Mayor; PC-Prision Correccional; AMA- Arresto Mayor;
AME-Arresto Menor

V - EXTINCTION OF CRIMINAL LIABILITY

HOW IS CRIMINAL LIABILITY TOTALLY EXTINGUISHED?

ACRONYM: DASPPAM

1. Death, extinguishes criminal liability even before finality of judgment, pecuniary (monetary)
liabilities is extinguished only if convict dies before final judgment, and shall survive if convict dies
after finality of sentence.

PROGNOSTIC TEST: ON TOTAL EXTINCTION OF CRIMINAL LIABILITY (DEATH)

What is the effect of the death of the offended party in a criminal action for libel? (2003 CLE)

A. No effect at all
B. The criminal liability is partially extinguished
C. The criminal liability is extinguished
D. The criminal liability is NOT extinguished

NOTE: Judgment of conviction shall become final after the lapse of 15 days from rendition of
sentence where no appeal is made, and in cases which requires an automatic review by the
Supreme Court (now, CA before SC), after the judgment of conviction is affirmed or modified by the
SC.
2. Amnesty - is an act of the sovereign power granting oblivion or general pardon for past offenses
usually granted in favor of certain class of persons who have committed crimes of a political
character, such as treason, sedition, or rebellion. Amnesty erases the effects of criminal liability but
not the civil liability.

PROGNOSTIC TEST: TOTAL EXTINCTION OF CRIMINAL LIABILITY (AMNESTY)

What kind of executive clemency wipes away the guilt of the convicted person, subject to the three
limitations to be executed by the President? (2011 CLE)

A. Pardon C. Reprieve
B. Amnesty D. Penalty

3. Service of Sentence - It is a ground for extinction of criminal liability once the sentence has been
fully served by the convict, but it does not extinguish civil liability.

4. Prescription of crime - refers to the loss or forfeiture of the right of the State to prosecute the
offender after the lapse of a certain time fixed by law. (ART. 90, RPC)

Thus the PERIOD OF PRESCRIPTION OF CRIMES:

1. Death, reclusion perpetua and reclusion temporal 20 years

2. Other afflictive penalties (prision mayor) 15 years

3. Correctional penalties- 10 years

except arresto mayor 5 years

4. Libel or similar offenses 1 year

5. Grave oral defamation and Slander by Deed 6 months

6. Light penalties 2 months

PROGNOSTIC TEST: ON PRESCRIPTION OF CRIMES

1. The crime of libel will prescribe how many days? (2011 CLE)

A. One (1) year D. Two (2) years

B. Four (4) years E. Three (3) years
C. None of these

2. The period of prescription of crimes punishable by death. (2010 CLE)

A. 20 years C. 10 years
B.15 years D. 40 years

3. What is the period prescription of crime punishable by death reclusion perpetua temporal?
(2003 CLE)

A. 15 years C. 20 years
B. 5 years D. 10 years

PRESCRIPTIVE PERIODS OF OFFENSES PUNISHED UNDER SPECIAL LAWS AND

ORDINANCES (Act No. 3326, as amended by Act No. 3763):

THUS, OFFENSES PUNISHED BY:

1. Fine or not more than 1 month imprisonment or both - 1 YEAR

2. Over 1 month but less than 2 years imprisonment - 4 YEARS

3. 2 years or more but less than 6 years imprisonment - 8 YEARS

4. For 6 years imprisonment - 12 YEARS

5. Violation of National Internal Revenue Code - 5 YEARS

6. Violation of Municipal Ordinances - 2 MONTHS

7. Violation of conditions of Certificate of Convenience

of the Public Service Commission - 2 MONTHS

NOTE: Act No. 3326 does not apply if the special law provides its own prescriptive period.
WHEN IS THE PERIOD OF PRESCRIPTION OF CRIMES BEGIN TO RUN?

The period of prescription of crimes shall commence to run:

1. If known - From the date of the commission of the crime; or

2. If not known - from date of discovery by the offended party, by the authorities, or its agents.

NOTE WELL: The prescriptive period is interrupted by the filing of the complaint or information,
and shall commence to run again when such proceedings terminate without the accused being
convicted or acquitted, or are unjustifiably stopped for any reason not imputable to the accused.

The term of prescription shall not run when the offender is outside of the Philippine, except if there
is an extradition treaty between the Philippines and the country where the accused has fled.

5. Prescription of penalty - it is the loss or forfeiture of the right of the State to execute the final
sentence after the lapse of a certain period of time fixed by law. (ART. 92, RPC)

PROGNOSTIC TEST: ON PRESCRIPTION OF PENALTY

The loss or forfeiture of the right of the government to execute the final sentence after the lapse of a
certain time fixed by law. (2010 CLE)

A. Prescription of crime
B. Prescription of prosecution
C. Prescription of judgement
D. Prescription of penalty

Thus the PERIOD OF PRESCRIPTION OF PENALTIES:

1. Death and reclusion perpetua 20 years

2. Other afflictive penalties, such as reclusion temporal, prision mayor - 15 years

3. Correctional penalties - 10 years

except for arresto mayor 5 years

4. Light penalties 1 year

PROGNOSTIC TEST: ON PRESCRIPTION OF PENALTY

Death and Reclusion Perpetua prescribe in _____________. (2009 CLE)

A. 30 years C. 20 years
B. 40 years D. 10 years

Note: The period of prescription of penalties shall commence to run from the date the culprit evades
the service of his sentence after final Judgment. It is interrupted if the accused surrenders,
captured, or should go to a foreign country with which the Philippines has no extradition treaty, or
should commit another crime before the expiration of the period of prescription.

6. Absolute Pardon - is an act of grace proceeding from the power entrusted with the President
which exempts the offender from punishment the law inflicts for the crime he has committed. It is one
granted without conditions by the President.

NOTE WELL: DISTINCTION BETWEEN PARDON AND AMNESTY:

1. Pardon includes any crime, while Amnesty generally given to political crimes;

2. Pardon is given after conviction, while Amnesty may be given even before, during, or after
conviction or institution of crime;

3. Pardon looks forward and forgives the punishment, while Amnesty looks backward and
abolishes the crime itself;

4. Pardon as a defense must be proved, while the court may take judicial notice on amnesty as it
is the result of proclamation;

5. Pardon is granted by the President alone, while Amnesty needs the concurrence of the majority
of all the members of Congress;

6. Pardon is granted for infraction of the peace of the state, while Amnesty is granted against the
sovereignty of the state; and

7. Both do not extinguish civil liability.

 7. Marriage a valid marriage by the offended party, in the crime against chastity and in the crime of
rape, extinguishes criminal liability provided it is entered into in good faith.

NOTE: In rape where there are 2 or more rapists, a marriage entered in good faith by of one of
the rapist and the rape victim extinguishes his liability but NOT as to the others, because the rape
that they committed is separate and distinct from the rape committed by the rapist who married
the victim.

WHAT IS THE DIFFERENCE OF THE PARDON GRANTED BY THE PRESIDENT

AND PARDON GRANTED BY THE OFFENDED PARTY?

Pardon by the President applies to any crimes, whereas Pardon by the offended party applies
only to crimes against chastity and rape;
Pardon by the offended party in seduction, abduction, acts of lasciviousness extends to co-
principals, accomplices and accessories. In Adultery and Concubinage, the pardon must include
both the offenders, whereas Pardon by the President can be granted to any or all of the
offenders;
Pardon by the offended party cannot be made subject to a condition, whereas Pardon by the
President may be without condition (absolute) or without condition (conditional).

NOTE: The pardoning power of the President does not extend to cases of impeachment

PROGNOSTIC TEST: ON PARDONING POWER OF THE PRESIDENT

What is an effect of pardon by the President? (2003 CLE)

A. NONE of these
B. The pardoning power can be exercised even before conviction
C. The pardoning power of the President can be exercised only after conviction
D. The pardon power does not extend to cases of impeachment

HOW CRIMINAL LIABILITY PARTIALLY EXTINGUISHED UNDER THE RPC?

1. Conditional pardon - it is silent contract or covenant between the President and the convict which
the latter is mandated to comply with the conditions otherwise if he violates the condition of his
pardon, the President may order his recommitment (re-arrest) aside from his being liable for evasion
of service of sentence under Art. 159, RPC.

PROGNOSTIC TEST: ON PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Criminal liability is partially extinguished by _________. (2009 CLE)

A. Serving completely the sentence C. Conditional Pardon

B. Amnesty D. Parole

2. Commutation of sentence - is an act of the President reducing the degree of the penalty inflicted
upon the convict or by decreasing the length of imprisonment or the amount of fine.

NOTE: Death sentence imposed upon a convict over 70 yrs old, and the required number of
affirmation by the Justices of the Supreme Court in death penalty is by law be commuted to
reclusion perpetua.

3. Good conduct time allowance (GCTA) - is granted by the Director of Prison for good conduct
earned by the convict while serving sentence.

NOTE: It is not to be granted to detention prisoner, those on conditional pardon, parole, or those
sentenced to destierro since they are not in prison.

RULE OF DEDUCTION ON GCTA:

First 2 yrs of imprisonment of good behavior 5 DAYS PER MONTH

3 - 5 years of good behavior - 8 DAYS PER MONTH

6 -10 years of good behavior -10 DAYS PER MONTH

11th month and succeeding years of good behavior - 15 DAYS PER MONTH

OTHER FORMS OF PARTIAL EXTINCTION NOT FOUND UNDER RPC:

1. Parole - refers to the conditional release of a prisoner from a correctional institution after serving
the minimum of his sentence pursuant to RA 4103, otherwise known as The Indeterminate Sentence
Law. It is extended by the Board of Pardon and Parole.

NOTE WELL: THE FOLLOWING ARE DISQUALIFIED TO BE GRANTED PAROLE:

1. Those convicted of offenses punished with death penalty, reclusion perpetua or life
imprisonment;
 2. Those convicted of treason, conspiracy or proposal to commit treason or espionage;

3. Those convicted of misprision of treason, rebellion, sedition or coup detat;

4. Those convicted of piracy;

5. Those who are habitual delinquents;

6. Those who escaped from confinement or evaded sentence;

7. Those who violated the conditions of his conditional pardon granted by the President;

8. Those whose maximum term of imprisonment does not exceed 1 year;

9. Those convicted of offenses punished death and whose sentence were reduced to reclusion
perpetua pursuant RA 9346 (Law abolishing death penalty); and

10. Those convicted for violation of the laws on Terrorism, plunder and Transnational crimes.

2. Probation - is a disposition under which the accused after conviction and sentence is released to
the condition imposed by the court and the supervision of a probation officer. It is granted by the court
where the case is tried pursuant to PD 968, the Probation law.

NOTE: The application for probation shall be made within the 15 day period to perfect an appeal
from a judgment of conviction. If the accused appealed his judgment of conviction in the trial court
to the next higher level court, he loses his right to apply for probation.

WHAT ARE THE OTHER FORMS OF EXECUTIVE CLEMENCY?

Reprieve - refers to the power of the President withholding or postponing the execution of a sentence
already imposed by the court to some other time.

Remission - refers to an act of liberality by virtue of which a fine imposed by the court arising from the
commission of crime is remitted.

Forfeiture - is the confiscation of the proceeds or instrument of crime, or any contraband in favor of the
government.

PROGNOSTIC TEST: ON EXECUTIVE CLEMENCY POWER OF THE PRSIDENT

A kind of executive clemency whereby the execution of penalty is suspended. (2010 CLE)

A. Pardon C. Amnesty
B. Commutation D. Reprieve

WHO ARE NOT ENTITLED TO PROBATION?

1. Those sentenced of more than 6 years imprisonment.

2. Those convicted of subversion or any of the crime against national security or public order.

3. Those previously convicted by final judgment of an offense punished by imprisonment of not less than
1 month and 1 day and/or a fine of not more than 200 pesos.

4. Those who have been ONCE on probation.

5. Those already serving sentence at the time of the approval of PD 968.

WHAT IS SPECIAL TIME ALLOWANCE FOR LOYALTY?

Special time allowance is given to a serving prisoner for loyalty after he had escaped during a calamity or
catastrophe and gives himself up to the authorities within 48 hours following the issuance of a
proclamation by the President announcing of the passing away of such calamity or catastrophe, shall be
entitled to a deduction of 1/5 of the period of his sentence. NOTE: For this provision of the code to apply,
the prisoner must have evaded (escaped) his sentence.

VI - ALL ABOUT CIVIL LIABILITY

WHO ARE PERSONS CIVILLY LIABLE FOR FELONIES?

Every person criminally liable for a felony is also civilly liable (Art. 100, RPC). Upon the filing of
the criminal case, the civil liability arising from the crime is also deemed filed unless there is a
reservation as to the civil liability or where there is an express waiver of the civil liability by the
offended party.

NOTE WELL: Civil liability may also devolve from a person who may have legal or moral
relationships with another person like the parents-children, the innkeepers or tavernkeepers or
proprietors of establishments and their employees, and teachers-students while inside school
 premises. For example, a parent can be held responsible for some acts of a child, or an employer can
be made liable for the negligent acts or acts of his/her employee. This is known as IMPUTED
NEGLIGENCE. It is a negligence resulting from a partys special relationship with another party who
is originally negligent. In other words, imputed negligence is an attribution of fault done by another but
he/she has made legally responsible for said negligence.

PROGNOSTIC TEST: ON SUBSIDIARY CIVIL LIABILITY ARISING FROM CRIME

Which of the following statements best defines IMPUTED NEGLIGENCE? (2009 CLE)

A. Negligence that was cut-off.

B. That the parents of the minor are presumed negligent if the minor staying with them commits
a crime.
C. Crime that can be avoided.
D. Felony committed through negligence.

WHAT IS THE EFFECT OF DISMISSAL OF CRIMINAL CASE OF THE CIVIL LIABILITY?

Dismissal of the criminal action does not carry with it the dismissal of the civil action, and does
not preclude the complainant from instituting the civil case that arose from the crime.

WHAT IS THE EFFECT OF DEATH OF OFFENDER OF HIS CRIMINAL AND CIVIL LIABILITY?

If accused dies before, during trial or while his case is pending appeal the criminal case is
dismissed and his civil liability arising from the crime is extinguished.
If accused dies after judgment has been rendered, only the personal liability (imprisonment) is
extinguished but the civil liability arising from crime is not extinguished.

WHAT IS THE EFFECT IF ACCUSED IS ACQUITTED OF HIS CIVIL LIABILITY?

Acquittal of the accused in criminal action does not include extinction from civil liability, unless the
decision in the criminal action declares that the civil liability in relation to the offense did not exist.

WHAT DOES CIVIL LIABILITY IN RELATION TO CRIME INCLUDES?

1. Restitution- it is the return or restoration of the thing itself with allowance for any deterioration or
diminution of value. The restoration of the thing is made without any obligation from the owner of the
thing. (Art. 105, RPC)

2. Reparation- is one which requires the culprit in case of inability to return the stolen property to pay
the value of the property or to pay for the damaged property. It is made by considering: (a) the price of
the thing; (b) its special sentimental value to the offended party. (Art. 106, RPC)

3. Indemnification- one given for consequential damages for lost of unrealized salary or earning of:
(a) the offended party; (b) those suffered by his family; and (c) those suffered by the third person by
reason of the crime. (Art. 107, RPC)

UPON WHOM THE OBLIGATION TO MAKE RESTORATION, REPARATION, AND

INDEMNIFICATION DEVOLVES?
It devolves upon the heirs of the person liable (offender). The action to demand restoration,
reparation and indemnification shall likewise descend to the heirs of the person injured (victims).
(Art. 108, RPC)

HOW IS CIVIL LIABILITY EXTINGUISHED?

Civil liability is extinguished in the same manner on how the obligation under the Civil Code is
extinguished in the following mode:

By payment or performance
By the loss of the thing due
By the condonation or remission of the debt
By confusion or merger of the right of the creditor and debtor
Compensation
Novation

NOTE WELL: Loss of the thing due does not extinguish civil liability since if the offender cannot make
the restitution he is obliged to make reparation.

============================================================

END OF LECTURE

BOOK 1 OF THE REVISED PENAL CODE

 GOOD LUCK AND GOD BLESS YOU ALL!

NOTA BENE: GIVE YOUR BEST AND LET IT BE THE

EXAMINERS CRY, NOT YOU!
BY: EDIMAR, 20115