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Example: An American who visits the Philippines in order immune from arrest for all offenses punishable by not
to kill his Filipina girlfriend because of extreme jealousy more than six years imprisonment while Congress is in
is still liable for murder although he is a foreigner. session.
General Rule: The jurisdiction of the civil courts is not An example of a law of preferential application would be
affected by the military character of the accused. R.A. No. 75, which penalizes acts which would impair
the proper observance by the Republic and inhabitants
Civil courts have concurrent jurisdiction with of the Philippines of the immunities, rights, and
general court-martial over soldiers of the privileges of duly accredited foreign diplomatic
Armed Forces of the Philippines even in times representatives in the Philippines.
of war, provided that in the place of the
commission of the crime no hostilities are in R.A. No. 75 exempts from arrest and imprisonment, as
progress and civil courts are functioning. well as from distrain, seizure or attachment of property,
Public Ministers, Ambassadors and Domestic Servants of
When the military court takes cognizance of Ambassadors and Public Ministers except (a) when such
the case involving a person subject to military person is a citizen or an inhabitant of the Philippines and
law, the Articles of War apply, not the RPC or the writ issued against him is founded upon a debt
other penal laws. contracted before he entered such service; or (b) when
said domestic servant is not registered with the DFA.
The prosecution of an accused before a court-
martial is a bar to another prosecution of the Warship Rule a foreign countrys warship is
accused for the same offense. considered an extension of the territory of the country
that it represents. Similar with an embassy, it cannot be
Offenders accused of war crimes are triable by subject to the laws of another country. (Reyes, p. 30)
military commission. A military commission has
jurisdiction even if actual hostilities have iii. Principles of Public International
ceased as long as a technical state of war Law
continues.
Persons exempt from the operation of our criminal laws
by virtue of the principles of public international law
a. Exceptions to the general application of (1) Sovereigns and other chiefs of state.
criminal law (2) Ambassadors, ministers, plenipotentiary,
ministers resident, and charges daffaires.
Art. 2, RPC, Except as provided in the treaties
or laws of preferential application a consul is not entitled to the privileges
Art. 14, Civil Code, subject to the principles and immunities of an ambassador or
of public international law and to treaty stipulations. minister (Schneckenburger v. Moran, 63
Phil. 250).
i. Treaty Stipulations
under the Constitution, members of
An example of a treaty or treaty stipulation is the Bases Congress are not liable for libel or slander
Agreement entered into by the Philippines and the US in connection with any speech delivered
on March 14, 1947 and expired on Sept. 16, 1991. on the floor of the house during regular or
special session.
Another example would be the VFA signed on Feb. 10,
1998 where the Philippines agreed that: U.S. v. Sweet
a. US military authorities shall have the 1 Phil 18 (1901)
right to exercise within the Philippines all Facts: Sweet was an employee of the US army
criminal and disciplinary jurisdiction conferred in the Philippines. He assaulted a prisoner of war for
on them by the military law of the US over US which he was charged with the crime of physical
personnel in RP; injuries. Sweet interposed the defense that the fact that
b. US authorities exercise exclusive he was an employee of the US military authorities
jurisdiction over US personnel with respect to deprived the court of the jurisdiction to try and punish
offenses, including offenses relating to the him.
security of the US punishable under the law of Held: The case is open to the application of the
the US, but not under the laws of RP; general principle that the jurisdiction of the civil
c. US military authorities shall have the tribunals is unaffected by the military or other special
primary right to exercise jurisdiction over US character of the person brought before them for trial,
personnel subject to the military law of the US unless controlled by express legislation to the contrary.
in relation to: (1) offenses solely against the
property or security of the US or offenses Liang v. People
solely against the property or person of US 355 SCRA 125
personnel; and (2) offenses arising out of any Facts: Petitioner is an economist working at
act or omission done in performance of official the Asian Development Bank (ADB). Sometime in 1994,
duty. he was charged before the Metropolitan Trial Court of
Mandaluyong City with two counts of oral defamation for
ii. Laws of Preferential Application allegedly uttering defamatory words against his
colleague. Thereafter, petitioner was arrested by virtue
Parliamentary Immunity under Section 11, Article of a warrant. After fixing petitioners bail, the MeTC
VI of the Constitution- Members of Congress are judge received an office of protocol from the DFA stating
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c. Commit any of the crimes against national General Rule: Acts or omissions will only be subject to
security and the law of nations, defined in a penal law if they are committed AFTER a penal law had
Title One of Book Two of the Revised already taken effect.
Penal Code. (RPC, Art. [4])
An act or omission which has been committed before the
Examples: Piracy, Treason, Espionage. effectivity of a penal law could not be penalized by such
penal law because penal laws operate only
U.S. v. Ah Sing prospectively.
36 Phil 978 (1917)
Facts: Defendant is a subject of China who Art.21. Penalties that may be imposed. - No felony shall
bought eight cans of opium in Saigon and brought them be punishable by any penalty not prescribed by law prior
on board the steamship Shun Chang during the trip to to its commission.
Cebu. When the steamer anchored in the port of Cebu,
the authorities in making the search found the 8 cans of
Civil Code, Art. 4
opium. Defendant admitted being the owner but did not
Laws shall have no retroactive effect, unless the
confess as to his purpose in buying the opium.
contrary is provided.
Held: Bringing opium in local territory even if it
is merely for personal use and does not leave the
foreign merchant vessel anchored in Philippine waters is Exception:
subject to local laws particularly under Sec. 4 Act. No.
2381 a.k.a. the Opium Law. Under said law, importation Art. 22. Retroactive effect of penal laws. Penal laws
includes merely bringing the drug from a foreign country shall have a retroactive effect in so far as they favor the
to Philippine port even if not landed. person guilty of a felony, who is not a habitual criminal,
as this term is defined in Rule 5 of Article 62 of this
Miquiabas v. Commanding General Code, although at the time of the publication of such
80 Phil 626 (1948) laws a final sentence has been pronounced and the
Facts: Petitioner is a Filipino citizen and a convict is serving the same.
civilian employee of the US army. He has been charged
with disposing in the Port of Manila area things Ex-Post Facto Law is prohibited
belonging to the US army. He is under the custody of Ex post facto law is prohibited. Ex post facto law is one
Commanding General, Philippines-Ryukus command and that is specifically made to retroact to cover acts before
an appointed General Court Martial found him guilty and it became effective to the prejudice of the accused; or to
sentenced him to 15 years imprisonment. make a certain crime graver or prescribe a heavier
Held: The General Court Martial has no penalty for it (The Matter Of The Petition For The
jurisdiction because the Port of Manila is not a base Declaration Of The Petitioner's Rights And Duties Under
under the Bases Agreement entered into by the Sec. 8 Of R.A. No. 6132, G.R. No. L-32485, 22 October
Philippines and the US. The Port area is merely a 1970).
temporary quarters. Also, a civilian employee cannot be
considered a member of the US Army as stated in the The law does not have any retroactive effect
agreement. Lastly, no waiver of jurisdiction can be made EXCEPT if it favors the offender unless he is a
either by the prosecuting attorney or by the Secretary of habitual delinquent or the law otherwise provides.
Justice.
This is consistent with the general principle that
criminal laws, being a limitation on the rights of the
people, should be construed strictly against the
State and liberally in favor of the accused.
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There is no crime when where is no law punishing 1987 Constitution, Article III, Sec. 14(2)
it. In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved.
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creed, the deference accorded to an individual even 3. Should be liable for acts connected with the
those suspected of the most heinous crimes is given due introduction into these islands of the obligations and
weight. securities mentioned in the presiding number;
4. While being public officers or employees,
D. GENERAL PROVISIONS should commit an offense in the exercise of their
functions; or
Art. 1 Time when Act takes effect. This Code shall 5. Should commit any of the Crimes Against
take effect on the first day of January, Nineteen National Security and the Law of Nations, defined in Title
Hundred and Thirty. One of Book Two of this Code.
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A. HOW
COMMITTED INTENT V. MOTIVE
Classification of felonies according to the means by INTENT is the purpose to use a particular
which they are committed (IN GENERAL ONLY) means to effect such result.
People v. Hassan
Actus non facit reum, nisi mens sit rea 157 SCRA 261 (1988)
the act itself does not make a man guilty Facts: The accused, an illiterate, 15-year-old
unless his intention were so pushcart cargador, was convicted of the crime of murder
A crime is not committed if the mind of for the death of Ramon. The lone eyewitness claimed he
the person performing the act complained of be saw the accused stab Ramon only once at the back. He
innocent. identified the accused alone at the funeral parlor without
It must be borne in mind that the act from being placed in a police line-up.
which the presumption of existence of criminal Held: The testimony of witness was weak. It
intent springs must be a criminal act. conflicted with the findings of the medico-legal officer
who identified 2 stab wounds which were inflicted while
Actus me invito factus non est meus actus assailant was in front of the victim. The manner by
an act done by me against my will is not my which the witness was made to identify the accused was
act (U.S. v. Ah Chong, 15 Phil. 499) pointedly suggestive and activated visual imagination
when there was none. The method of identification
Presumption of Criminal Intent became just a confrontation and was made in violation
Criminal intent is presumed from the commission of an of the constitutional right of the accused.
unlawful act BUT the presumption of criminal intent does The court noted the total absence of motive
not arise from the proof of the commission of an act, ascribed to the accused for stabbing Ramon who is a
which is not unlawful (Reyes, supra.). complete stranger to him. While as a general rule,
motive is not essential for purposes of complying with
the requirement that a judgment of guilty must stem
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he and his alleged business associate were using the penalty therefore are found in the special law. That the
money for a particular investment. latter imports or borrows from the RPC its nomenclature
of penalties. In short, the mere use by a special law of a
Padilla v. CA penalty found in the RPC can by no means make an
269 SCRA 402 (1997) offense thereunder an offense punished or punishable
Facts: Padilla, driving his Pajero at high speed by the RPC.
despite the bad weather, hit a balot vendor. A chase
took place and eventually, Padillas vehicle was stopped. Ladonga v People
He was arrested and several firearms were found inside 451 SCRA 673 (2005)
his vehicle. He admitted possession claiming he used Facts: Spouses Ladonga were convicted by the
them for shooting but was not able to produce any RTC for violation of B.P. Blg. 22 (3 counts). The husband
permit to carry. applied for probation while the wife appealed arguing
Held: P.D. No. 1886 provides only 2 requisites that the RTC erred in finding her criminally liable for
to establish crimes involving illegal possession of conspiring with her husband as the principle of
firearm: (1) existence of subject firearm and (2) the fact conspiracy is inapplicable to B.P. Blg. 22 which is a
that the accused who owned or possessed the firearm special law.
does not have the corresponding permit to possess. Held: B.P. Blg. 22 does not expressly prescribe
Either the testimony of a representative of or a the suppletory application of the provisions of the RPC.
certification from the PNP Firearms and explosives office Thus, in the absence of contrary provision in B.P. Blg.
would suffice to prove beyond reasonable doubt the 22, the general provisions of the RPC which, by their
second element of illegal possession. nature, are necessarily applicable, may be applied
PD 1866 is constitutional. To justify suppletorily. The court cited the case of Yu vs. People,
nullification, there must be a clear breach of the where the provision on subsidiary imprisonment under
constitution. The contention that the penalty of simple Article 39 of the RPC to B.P. Blg. 22 was applied
illegal possession is cruel and excessive in contravention suppletorily.
of the constitution does not merit serious consideration. The suppletory application of the principle of
The severity of a penalty does not ipso facto make the conspiracy in this case is analogous to the application of
same cruel and excessive. the provision on principals under Article 17 in U.S. v.
The court cited the People v. Simon doctrine as Ponte. For once conspiracy or action in concert to
to the penalties to be imposed although PD 1866 is a achieve a criminal design is shown, the act of one is the
special law, the penalties therein were taken from the act of all the conspirators, and the precise extent or
RPC, hence, the rules in the said code for graduating by modality of participation of each of them becomes
degrees or determining the proper period should be secondary, since all the conspirators are principals.
applied. The Court in this case however ruled in favor of
Ladonga(wife) as the prosecution failed to prove that
People v. Saley she performed any overt act in furtherance of the
291 SCRA 715 (1998) alleged conspiracy.
Facts: Saley was convicted of 16 cases of
illegal recruitment, one of which was on the large scale. People v. Bustinera
She was also convicted of 11 counts of estafa. She 431 SCRA 284 (2004)
claims that she was not engaged in recruitment but is Facts: Bustinera was convicted by the trial
merely acting as an agent. She also claimed that she Court for qualified theft under Article 310 of the Revised
was merely aiding the processing of the complainants Penal Code for the unlawful taking of the taxi cab driven
visas. by him which is owned and operated by Cipriano and
Held: Saley is guilty of illegal recruitment and was sentenced to suffer the penalty of reclusion
estafa. She has no valid license or authority to engage in perpetua.
placement of workers. There is no double jeopardy in Held: The unlawful taking of motor vehicles is
this case. Conviction under the Labor Code for illegal now covered by the anti-carnapping law (R.A. No. 6539)
recruitment is malum prohibita while estafa under the and not by the provisions on qualified theft or robbery.
RPC is malum in se. The trial court having convicted Bustinera of qualified
theft instead of carnapping, erred in the imposition of
People v. Simon the penalty. While the information alleges that the crime
234 SCRA 555 (1994) was attended with grave abuse of confidence, the same
Facts: The accused was arrested after a buy- cannot be appreciated as the suppletory effect of the
bust operation conducted by the police wherein the Revised Penal Code to special laws, as provided in
accused sold 2 tea-bags of marijuana to a poseur buyer Article 10 of said Code, cannot be invoked when there is
for P40. a legal impossibility of application, either by express
Held: To sustain a conviction for selling provision or by necessary implication.
prohibited drugs under the Dangerous Drugs Act of Moreover, when the penalties under the special
1972, the sale must be clearly established. The law are different from and are without reference or
commission of the offense of illegal sale of prohibited relation to those under the Revised Penal Code, there
drugs requires merely the consummation of the selling can be no suppletory effect of the rules, for the
transaction. application of penalties under the said Code or by other
The court held that in the instant case the relevant statutory provisions are based on or applicable
imposable penalty under R.A. No. 6425 as amended by only to said rules for felonies under the Code.
R.A. No. 7659 is prison correccional to be taken from the The court cited the case of People v. Panida
medium period thereof pursuant to Art. 64 of the RPC, which involved the crime of carnapping and the penalty
there being no aggravating and mitigating circumstance. imposed was the indeterminate sentence of 14 years
Dissent: It is thus clear that an offense is and 8 months, as minimum, to 17 years and 4 months,
punished by the RPC if both its definition and the as maximum, this Court did not apply the provisions of
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the Revised Penal Code suppletorily as the anti- injury to one person actually inflicts it on
carnapping law provides for its own penalties which are another; and
distinct and without reference to the said Code. c. PRAETER INTENTIONEM the act exceeds
Bustinera was sentenced to an indeterminate the intent, that is, the injurious result is
penalty of 14 years and 8 months as minimum, to 17 greater than that intended.
years and 4 months, as maximum for the crime of
carnapping under R.A. No. 6539, as amended.
The causes which may produce a result different from Art. 223. Conniving with or consenting to evasion.
that which the offender intended are: Any public officer who shall consent to the escape of a
a. ERROR IN PERSONAE mistake in the prisoner in his custody or charge, shall be punished:
identity of the victim; injuring one person 1. By prision correccional in its medium and
mistaken for another (this is a complex crime maximum periods and temporary special disqualification
under Art. 49) in its maximum period to perpetual special
b. ABERRATIO ICTUS mistake in the blow, disqualification, if the fugitive shall have been sentenced
that is, when the offender intending to do an by final judgment to any penalty.
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2. By prision correccional in its minimum punished by prision correccional in its medium period
period and temporary special disqualification, in case the and a fine not exceeding 2,000 pesos
fugitive shall not have been finally convicted but only
held as a detention prisoner for any crime or violation of Art. 186. Monopolies and combinations in restraint
law or municipal ordinance. of trade. The penalty of prision correccional in its
minimum period or a fine ranging from 200 to 6,000
Art. 234. Refusal to discharge elective office. pesos, or both, shall be imposed upon:
The penalty of arresto mayor or a fine not exceeding 1. Any person who shall enter into any contract
1,000 pesos, or both, shall be imposed upon any person or agreement or shall take part in any conspiracy or
who, having been elected by popular election to a public combination in the form of a trust or otherwise, in
office, shall refuse without legal motive to be sworn in or restraint of trade or commerce or to prevent by artificial
to discharge the duties of said office. means free competition in the market;
Art. 275. Abandonment of person in danger and Art. 306. Who are brigands; Penalty. When more
abandonment of ones own victim. The penalty of than three armed persons form a band of robbers for the
arresto mayor shall be imposed upon: purpose of committing robbery in the highway, or
1. Any one who shall fail to render assistance to any kidnapping persons for the purpose of extortion or to
person whom he shall find in an uninhabited place obtain ransom or for any other purpose to be attained
wounded or in danger of dying, when he can render by means of force and violence, they shall be deemed
such assistance without detriment to himself, unless highway robbers or brigands.
such omission shall constitute a more serious offense. Persons found guilty of this offense shall be
2. Anyone who shall fail to help or render assistance punished by prision mayor in its medium period to
to another whom he has accidentally wounded or reclusion temporal in its minimum period if the act or
injured. acts committed by them are not punishable by higher
3. Anyone who, having found an abandoned child penalties, in which case, they shall suffer such high
under seven years of age, shall fail to deliver said child penalties.
to the authorities or to his family, or shall fail to take If any of the arms carried by any of said
him to a safe place. persons be an unlicensed firearm, it shall be presumed
that said persons are highway robbers or brigands, and
It is the failure to perform a duty required by in case of convictions the penalty shall be imposed in
law. the maximum period.
It is important that there is a law requiring the
performance of an act. If there is no positive Art. 340. Corruption of minors. Any person who
duty, there is no liability shall promote or facilitate the prostitution or corruption
Examples: failure to render assistance, failure to of persons underage to satisfy the lust of another, shall
issue receipt or non-disclosure of knowledge of be punished by prision mayor, and if the culprit is a
conspiracy against the government. pubic officer or employee, including those in
government-owned or controlled corporations, he shall
3. PROPOSAL AND CONSPIRACY also suffer the penalty of temporary absolute
disqualification.
Art. 8. Conspiracy and proposal to commit felony.
Conspiracy and proposal to commit felony are Conspiracy and proposal to commit a felony are two
punishable only in the cases in which the law specially different acts or felonies: (1) conspiracy to commit a
provides a penalty therefore. felony, and (2) proposal to commit a felony.
A conspiracy exists when two or more persons
come to an agreement concerning the commission of a GENERAL RULE: Conspiracy and proposal to commit a
felony and decide to commit it. felony are not punishable
There is proposal when the person who has EXCEPTION: They are punishable only in the cases in
decided to commit a felony proposes its execution to which the law specially provides a penalty therefore.
some other person or persons. RATIONALE: Conspiracy and proposal to commit a
crime are only preparatory acts and the law regards
Art. 115. Conspiracy and proposal to commit them as innocent or at least permissible except in rare
treason; Penalty. The conspiracy or proposal to and exceptional cases.
commit the crime of treason shall be punished
respectively, by prision mayor and a fine not exceeding CONSPIRACY
P10,000 pesos, and prision correccional and a fine not
exceeding P5,000 pesos. - exists when two or more persons come to an
agreement concerning the commission of a felony and
Art. 136. Conspiracy and proposal to commit coup decide to commit it.
detat, rebellion or insurrection. The conspiracy
and proposal to commit coup detat shall be punished by The RPC specially provides a penalty for mere
prision mayor in minimum period and a fine which shall conspiracy in treason, coup detat, rebellion or sedition.
not exceed eight thousand pesos (P8,000.00). Treason, coup detat, rebellion or sedition must not
actually be committed or else conspiracy shall no longer
be punishable because it is not a separate offense from
the felony itself.
Art. 141. Conspiracy to commit sedition. Persons
conspiring to commit the crime of sedition shall be
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Criminal liability attaches to persons who participated Facts: Appellants Bautista, Puzon and De
in furtherance of a common design to commit a crime. Guzman were convicted in the Court of First Instance
Regardless of the nature of his participation in the of Manila of the crime of conspiracy to overthrow, put
commission of said crime, said person will be held down, and destroy by force the Government of the
equally liable. United States in the Philippine Islands and the
Government of the Philippine Islands, as defined and
INDICATIONS OF CONSPIRACY penalized in section 4 of Act No. 292 of the Philippine
- for a collective responsibility among the Commission.
accused to be established, it is sufficient that at the time Held: Only Bautista and Puzon are guilty of
of the aggression, all of them acted in concert, each conspiracy. In this case, evidence on record shows that
doing his part to fulfill their common design to commit Bautista was fully aware of the purposes of the
the felony. (Reyes, p. 124). meetings he participated in, and even gave an
assurance to the chief of the military forces that he is
REQUISITES OF CONSPIRACY making the necessary preparations. On the other hand,
a. That two or more persons came to an Puzon voluntarily accepted his appointment and in
agreement: doing so, assumed all the obligations implied by such
- Agreement presupposes meeting of the acceptance. These are considered evidence of the
minds of two or more persons. criminal connection of the accused.
b. That the agreement concerned the De Guzman, on the other hand, is not guilty
commission of a felony; and of conspiracy. While he might have been helping the
- The agreement must refer to the commission conspirators by accepting bonds in bundles, he was not
of a crime. It must be an agreement to act, to aware of the contents nor did he assume any obligation
effect, to bring about what has already been with respect to these bonds.
conceived and determined.
c. That the execution of the felony be People v. Fabro
decided upon. 325 SCRA 285 (2000)
- The conspirators have made up their minds Facts: Petitioner Fabro together with her
to commit the crime. There must be a common-law husband Pilay and Irene Martin was
determination to commit the crime of charged with the crime of "violation of Section 21 (b)
treason, rebellion or sedition. Art. IV, in relation to Section 4, Art. II of Republic Act
No. 6425 as amended, for selling to PO2 Apduhan, who
PROPOSAL acted as poseur buyer, one kilo of dried marijuana
leaves. Fabro contends that her guilt was not proven
Requisites: beyond reasonable doubt as based on the testimony of
a. That a person has decided to commit a the NBI, the real possessor of the confiscated properties
felony; and was her co-accused Martin.
b. That he proposes its execution to some Held: Fabros contention that Martin was the
other person or persons. real curlprit being the source of the contraband does not
in any way absolve her of the crime of selling marijuana.
There is no criminal proposal when: While it is true that it was Martin who took the money, it
a. The person who proposes is not was Fabro who negotiated with the poseur buyers,
determined to commit the felony. fetched her co-accused; and carried and handed over
b. There is no decided, concrete and formal the marijuana to Apduhan. The acts of Martin and Fabro
proposal. clearly show a unity of purpose in the consummation of
c. It is not the execution of a felony that is the sale of marijuana.
proposed. (Reyes, p. 128): It is clear that Section 21 (b) of R.A. 6425
punishes the mere conspiracy to commit the offense of
It is not necessary that the person to whom the selling, delivering, distributing and transporting of
proposal is made agrees to commit treason or rebellion. dangerous drugs. Conspiracy herein refers to the mere
agreement to commit the said acts and not the actual
Conspiracy and proposal is punishable in the execution thereof. While the rule is that a mere
following cases: conspiracy to commit a crime without doing any overt
Conspiracy and proposal to commit treason; act is not punishable, the exception is when such is
Conspiracy and proposal to commit coup specifically penalized by law, as in the case of Section 21
d'etat, rebellion or insurrection; of Republic Act 6425. Conspiracy as crime should be
Conspiracy to commit sedition; distinguished from conspiracy as a manner of incurring
criminal liability the latter being applicable to the case.
Conspiracy or combination in restraint of
trade;
People v. Bello
Conspiracy to commit arson;
428 SCRA 388 (2004)
Conspiracy to commit terrorism; and
Facts: Accused Bello et. al. mapped out a plan
Conspiracy to commit importation, sale,
to rob a moneychanger. Calling the moneychanger from
trading, administration, dispensation, delivery,
a motel room, Bello misrepresented that she came from
distribution, transportation, manufacture,
Japan and would like to convert her 40 pieces of yen to
cultivation of dangerous drugs and
pesos. She requested that the currency conversion be
maintenance of a den, dive or resort where
made in her room as she did not want to carry around a
any dangerous drug is used in any form.
huge sum of money. During the occasion of the robbery,
Andasan, the messenger who brought the money to
U.S. v. Bautista
Bello was killed. The trial court ruled that Bello conspired
6 Phil 581 (1906)
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with the other accused and was found guilty as principal Facts: Jeremias and his wife Merlinda were
for the crime of robbery with homicide. sleeping in their home when they were awakened by
Bello, argued that her alleged conspiracy with someone repeatedly calling Jeremias' name. Jeremias
the other accused was not sufficiently established by went to the window to see who it was and thereafter left
circumstantial evidence as there was no showing that their room to go outside. Merlinda remained in their
she had the same purpose and united with the other room, but peering through the window, she saw Caete
accused in the execution of the crime. She alleged that suddenly embrace Jeremias as the latter was opening
her mere presence in the crime scene is not per se a the gate. Thereupon, Bagano with ice pick in hand
sufficient indicium of conspiracy. She insists that she stabbed Jeremias on the chest. Jeremias struggled to
acted against her will due to the irresistible force free himself from Caete's clasp and ran, but Bagano
employed by her co-accused. gave chase. Jeremias died upon arrival at the hospital.
Held: The Court held that Bello conspired with Held: Conspiracy is attendant in the commission of the
her co-accused to commit the crime. Records clearly crime. For conspiracy to exist, it is sufficient that at the
reveal that Bello was part of the plan to rob the time of the commission of the offense the accused had
moneychanger. The chain of events and the conduct of the same purpose and were united in its execution.
Bello lead to no other conclusion than that she conspired Proof of an actual planning of the perpetuation of the
with her co-accused to commit the crime. crime is not a condition precedent. From the mode and
Conspiracy exists where the plotters agree, manner in which the offense was perpetrated, and as
expressly or impliedly, to commit the crime and decide can be inferred from their acts, it is evident that Bagano
to pursue it. Conspiracy is predominantly a state of mind and Caete were one in their intention to kill Jeremias.
as it involves the meeting of the minds and intent of the Hence, in accordance with the principle that in
malefactors. Consequently, direct proof is not essential conspiracy the act of one is the act of all, the fact that it
to establish it. The existence of the assent of minds of was Bagano who delivered the fatal blow on Jeremias
the co-conspirators may be inferred from proof of facts and Caete's participation was limited to a mere
and circumstances which, taken together, indicate that embrace is immaterial. Conspiracy bestows upon them
they are parts of the complete plan to commit the crime. equal liability; hence, they shall suffer the same fate for
their acts.
Li v. People
427 SCRA 217 (2001) People v. Bangcado
Facts: Because of an altercation between 346 SCRA 189 (2000)
Arugay and Li, the latter armed himself with a baseball Facts: SPO1 Bangcado together with SPO1
bat and used the same to hit Arugay on the arm. Arugay Banisa frisked and searched Cogasi, Clemente, Adawan
armed with a bolo, retaliated by hacking Li on the head and Lino to see if they were concealing any weapons.
causing the bat to fall from his hand and leaving him After making sure that the victims were unarmed,
unconscious or semi-unconsious. At this point in time, Bangcado directed the victims to form a line against a
Sangalang, who was also present stabbed Arugay Ford Fierra. Because Bangcado and Banisa were holding
several times which resulted to the latters death. The handguns, Cogasi and his friends did as they were told
lower court held that there was conspiracy in the and were caught unaware when they were shot by
present case Bangcado. Adawan and Lino died of gunshot wounds in
Held: The existence of conspiracy should be the head, while Cogasi and Clemente sustained head
ruled out. Sangalang was the main actor in stabbing wounds. The lower court convicted both Bangcado and
Arugay to death. As Li was incapacitated or probably Banisa for 2 counts of murder and 2 counts of frustrated
unconscious at the time Sangalang stabbed Arugay, it murder.
cannot be assumed that Sangalang did what he has Held: There being no finding of Conspiracy
done with the knowledge or assent of Li, much more in with Bangcado, the Court acquitted Banisa of all the
coordination with each other. Based on the charges against him. In the absence of any previous
circumstances, the Court is hard put to conclude that plan or agreement to commit a crime, the criminal
Sangalang and Li had acted in concert to commit the responsibility arising from different acts directed against
offense. In fact, the stabbing of Arugay could very well one and the same person is individual and not collective,
be construed as a spur-of-the-moment reaction by and that each of the participants is liable only for his
Sangalang upon seeing that his friend Li was struck on own acts. Consequently, Banisa must be absolved from
the head by Arugay. From such a spontaneous reaction, criminal responsibility for the assault on the victims. It is
a finding of conspiracy cannot arise. clear that neither the victims nor Banisa could have
Proving conspiracy is a dicey matter, especially anticipated Bangcado's act of shooting the victims since
difficult in cases such as the present wherein the the attack was sudden and without any reason or
criminal acts arose spontaneously, as opposed to purpose. Thus, the criminal design of Bangcado had not
instances wherein the participants would have the yet been revealed prior to the killings.
opportunity to orchestrate a more deliberate plan.
Spontaneity alone does not preclude the establishment People v. Ramos
of conspiracy, which after all, can be consummated in a 427 SCRA 299 (2004)
moments notice through a single word of assent to a Facts: The trial court found appellant Eulalia
proposal or an unambiguous handshake. Yet it is more San Roque guilty for conspiring and confederating with
difficult to presume conspiracy in extemporaneous her co-accused for the murder of her live-in-partner
outbursts of violence; hence, the demand that it be Lomida. Lomida was stabbed, shot and burned resulting
established by positive evidence. A conviction premised to his death. Appellant argues that the fact of such
on a finding of conspiracy must be founded on facts, not conspiracy has not been satisfactorily proven during the
on mere inferences and presumption. trial of the case. She vigorously contends that she did
not participate in the killing of the victim.
People v. Bagano Held: In determining the existence of
375 SCRA 470 (2002) conspiracy, it is not necessary to show that all the
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conspirators actually hit and killed the victim. The Held: There is conspiracy when two or more
presence of conspiracy among the accused can be persons come to an agreement concerning the
proven by their conduct before, during or after the commission of a felony and decide to commit it.
commission of the crime showing that they acted in Conspiracy is present when one concurs with the
unison with each other, evincing a common purpose or criminal design of another, indicated by the performance
design. There must be a showing that appellant of an overt act which produces the crime. In proving
cooperated in the commission of the offense, either conspiracy, direct evidence is not indispensable as its
morally, through advice, encouragement or agreement existence may be inferred from the conduct of the
or materially through external acts indicating a manifest accused before, during, and after the commission of the
intent of supplying aid in the perpetration of the crime in crime. In this, Joseph positively identified Charito and
an efficacious way. In such case, the act of one becomes declared that he saw him during the initial planning of
the act of all, and each of the accused will thereby be the commission of the crime and noted Charitos express
deemed equally guilty of the crime committed. agreement. He also testified that he saw Charito in the
The series of events in this case convincingly evening of August 8, 2004, when he brought the
show that appellant and her co-accused acted in unison accused near the house of spouses Vallecera and again
and cooperated with each other in killing Lomida. upon return to the drop-off area almost an hour later.
Appellant was the one who opened the door and allowed Hence, Charitos appeal was dismissed.
the other accused to enter the house. She joined them
in bringing the victim to the residence of Ramos, her STAGES OF COMMISSION OF A CRIME
brother-in-law. While her co-accused dragged the
helpless victim, tied him to a santol tree, stabbed him Art. 6. Consummated, frustrated, and attempted
twice by a bladed knife, and shot him 5 to 7 times, felonies. Consummated felonies as well as those
appellant merely watched intensely. She even turned which are frustrated and attempted are punishable.
her back as the lifeless body of the victim was being A felony is consummated when all the
burned. And after attaining their purpose, she fled with elements necessary for its execution and
the other accused. accomplishment are present; and it is frustrated when
The above circumstances clearly show the the offender performs all the acts of execution which
common purpose and concerted efforts on the part of would produce the felony as a consequence but which,
appellant and her co-accused. nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.
People v. Amar There is an attempt when the offender
G.R. No. 194235 (2016) commences the commission of a felony directly by overt
Each of the accused-appellants had intentional, acts, and does not perform all the acts of execution
direct, and substantial participation in the victims which should produce the felony by reason of some
kidnapping for ransom. The victim's abduction, his cause or accident other than this own spontaneous
being taken to and held up in a house in Ilocos Norte desistance.
under guard, the ransom demand and negotiation, and
finally, the ransom payout, which all happened in a span DEVELOPMENT OF A CRIME
of six (6) days, clearly took planning and coordination
among accused-appellants. Accused-appellant Efren a. internal acts such as mere ideas in the
Gascon (Gascon), in particular, was among the four mind of a person, are not punishable even if,
(4) men who abducted the victim in Meycauayan, had they been carried out, they would
Bulacan on October 8, 2002, and kept guard over the constitute a crime
victim for six (6) days in Dingras, Ilocos Norte. In view b. external acts cover a) preparatory and b)
thereof, accused-appellant Gascon could not be a mere acts of execution
accomplice as his presence at the scene/s of the crime c. preparatory acts tending toward the crime;
was definitely more than just to give moral support; his ordinarily not punishable unless specifically
presence and company were indispensable and essential provided for; these acts do not yet constitute
to the perpetration of the kidnapping for ransom. Thus, even the first stage of the acts of execution;
all the accused-appellants, as co-conspirators, were intent not yet disclosed
found guilty beyond reasonable doubt of the crime of d. acts of execution acts directly connected to
kidnapping for ransom. the intended crime; varies with the crime and
is punishable under the code; usually overt
People v. Olazo acts with a logical relation to a particular
G.R. No. 220761 (2016) concrete offense
Facts: An Information for the crime of Robbery
with Homicide was filed with the RTC against Eddie FORMAL CRIME OR CRIMES OF EFFECT
Olazo, Miguel and Charito, together with Rogelio, Felonies whereby a single act of the accused
Joseph, Dionesia, Rommel and Eddie. The RTC convicted consummates the commission thereof. There are no
Charito, together with Rogelio, Eddie Olazo and Miguel. stages to its commission.
Aggrieved Charito appealed before the CA, along with
Eddie Olazo and Miguel. The CA affirmed the decision of MATERIAL CRIMES
the RTC insofar as the conviction of Charito. Charito Crimes that may be committed in stages, i.e.,
then filed an Appeal with the Supreme Court claiming attempted, frustrated, and consummated.
that the prosecution was unable to prove his guilt
beyond reasonable doubt since his participation in the STAGES OF COMMISSION
planning stages of the crime was insufficient to sustain 1. Attempted there is an attempt when the
his conviction and the finding of conspiracy between him offender commences the commission of a
and his co-accused. felony directly by overt acts, and does not
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intact but since in previous Orita ruling, entry into labia accommodate the Adiao, Dino and Empelis rulings.
is considered rape even without rupture of hymen and Again, there is no language in Article 308 that expressly
full penetration is not necessary, question arises or impliedly allows that the free disposition of the items
whether what transpired was attempted or stolen is in any way determinative of whether the crime
consummated rape. of theft has been produced. We thus conclude that
Held: Attempted rape only. Mere touching of under the Revised Penal Code, there is no crime of
external genitalia by penis is already rape. However, frustrated theft.
touching should be understood as inherently part of
entry of penis into labia and not mere touching of the
pudendum. There must be clear and convincing proof FRUSTRATED FELONY
that the penis indeed touched the labia and slid into the
female organ and NOT MERELY STROKED THE ELEMENTS:
EXTERNAL SURFACE. Some degree of penetration 1. The offender performs all the acts of
beneath the surface must be achieved and the labia execution;
majora must be entered. Prosecution did not prove that 2. All the acts performed would produce the
the Campuhans penis was able to penetrate victims felony as a consequence;
vagina because the kneeling position of the accused 3. But the felony is not produced;
obstructed the mothers view of the alleged sexual 4. By reason of causes independent of the
contact. The testimony of the victim herself claimed that will of the perpetrator.
penis grazed but did not penetrate her organ.
There was only a shelling of the castle but no In frustrated felony, the offender must perform all the
bombardment of the drawbridge yet. acts of execution. Nothing more is left to be done by the
offender, because he has performed the last act
People v. Listerio necessary to produce the crime.
335 SCRA 40 (2000)
Facts: Brothers Jeonito and Marlon were FRUSTRATED FELONY VS. ATTEMPTED FELONY
passing by Tramo, Muntinlupa when a group composed 1. In both, the offender has not accomplished his
of Agapito Listerio, Samson, George, and Marlon, all criminal purpose.
surnamed Dela Torre and Bonifacio Bancaya blocked
their path and attacked them with lead pipes and bladed 2. While in frustrated felony, the offender
weapons. Listerio, Marlon and George, who were armed has performed all the acts of execution which
with bladed weapons, stabbed Jeonito from behind. would produce the felony as a consequence, in
Jeonitos brother, Marlon, was hit on the head by attempted felony, the offender merely
Samson and Bancaya with lead pipes and momentarily commences the commission of a felony directly
lost consciousness. When he regained his senses, he by overt acts and does not perform all the acts of
saw that Jeonito was already dead. Their assailants then execution.
fled after the incident. Marlon who sustained injuries in
the arm and back, was thereafter brought to a hospital ATTEMPTED OR IMPOSSIBLE CRIME
for treatment. The lower court found Listerio guilty for FRUSTRATED
the attempt to kill Marlon. The evil intent of the offender is not accomplished
Held: The SC held that the crime is a The evil intent of the The evil intent of the
frustrated felony not an attempted offense considering offender is possible of offender cannot be
that after being stabbed and clubbed twice in the head accomplishment accomplished
as a result of which he lost consciousness and fell, Marlo The evil intent cannot be The evil intent of the
n's attackers apparently thought he was already dead accomplished because of offender cannot be
and fled. the intervention of certain accomplished because it is
A crime cannot be held to be attempted unless cause or accident in which inherently impossible of
the offender, after beginning the commission of the the offender had no accomplishment or
crime by overt acts, is prevented, against his will, by participation. because the means
some outside cause from performing all of the acts employed by the offender
which should produce the crime. In other words, to be is inadequate or
an attempted crime the purpose of the offender must be ineffectual.
thwarted by a foreign force or agency which intervenes
and compels him to stop prior to the moment when he People v. Eria
has performed all of the acts which should produce the 50 Phil 998 (1927)
crime as a consequence, which acts it is his intention to Facts: The victim of the crime was a child of 3
perform. If he has performed all the acts which should years and 11 months. There are doubts whether the
result in the consummation of the crime and voluntarily accused succeeded in penetrating the vagina before
desists from proceeding further, it cannot be an being disturbed in the timely intervention of the mother
attempt. and sister. The physician found a slight inflammation of
the exterior parts of the organ, indicating an effort had
Valenzuela v. People (2007) been made to enter the vagina but it is doubtful whether
Facts: A grocery boy was caught trying to the entry had been effected.
abscond a box of Tide Ultrabar laundry soap from the Held: Though complete penetration is not
Super Sale Club. The guards apprehended him at the necessary, penetration of the labia is sufficient.
store parking lot while trying to board a taxi. He claimed However, since there is no sufficient evidence of such
the theft was merely frustrated for he was not able to penetration, the act is merely frustrated.
dispose of the goods. Dissent: It is consummated rape.
Held: The Revised Penal Code provisions on
theft have not been designed in such fashion as to People v. Orita
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Facts: The accused, a 70-year-old man was Art. 7. When light felonies are punishable. Light
convicted by the trial court of frustrated rape for having felonies are punishable only when they have been
intercourse with his granddaughter who was at that time consummated, with the exception of those committed
only 9 years of age. The lower court claimed that there against person or property.
can be no consummated rape without a complete Light felonies are those infractions of law for the
penetration of the hymen. commission of which a penalty of arresto menor or a
Held: Finding the hymen intact is not always fine not exceeding 200 pesos or both is provided.
proof that no rape has been committed. The law may
now indeed be considered as settled that while the This should be seen in the light of articles prescribing
rupturing of the hymen is not indispensable to a penalties for crimes in their different stages of
conviction, there must be proof of some degree of commission. This means that light felonies which are
entrance of the male organ within the labia of only attempted or frustrated are not punishable by law.
pudendum. In the present case, the physician found the
labia and the opening of the vagina inflamed together However, in the commission of crimes against persons
with an abundance of semen. Child even testified that and property, every stage of execution is punishable but
defendant succeeded partial penetration. The accused is only the principals and accomplices are liable in light
guilty of consummated rape. felonies, the accessories are not.
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- where it clearly appears that the injury would h. Arson and other crimes involving
not have cased death, in the ordinary course of events, destruction
but would have healed in so many days and where it is i. Malicious Mischief
shown beyond all doubt that the death was due to the
malicious or careless acts of the injured person or a
third person, the accused is not liable for homicide. 2. That the act was done with evil intent.
The offender must have intent to do injury to
The offended party is not obliged to submit to a another.
surgical operation to relieve the accused from the
natural and ordinary results of his crime. 3. That its accomplishment is inherently
The felony committed must be the proximate cause of impossible, or that the means employed is
the resulting injury. either inadequate or ineffectual.
In impossible crime, the act performed by the
Proximate Cause - that cause, which, in natural and offender cannot produce an offense against persons
continuous sequence, unbroken by any efficient or property because:
intervening cause, produces the injury, and without
which the result would not have occurred. [Bataclan v. a. the commission of the offense is
Medina, 102 Phil. 181, 186] inherently impossible of accomplishment
Efficient Intervening Cause - there is an efficient - The act intended by the offender is by its
supervening event if the event breaks the sequence nature one of impossible accomplishment.
leading from the cause of the ultimate result. [Allied - There must either 1) LEGAL IMPOSSIBILITY
Banking Corp. v. Wan, et al, G.R. No. 13319] when completed intended acts do not amount to a
crime, or 2) PHYSICAL IMPOSSIBILITY when
The causes which may produce a result different from extraneous circumstances unknown to the actor
that which the offender intended are: prevent the consummation of the intended crime.
a. ERROR IN PERSONAE - mistake in the - examples: 1) when one tries to kill another
identity of the victim; injuring one person by putting in his substance which he believes to be
mistaken for another (this is a complex arsenic when in fact it is common salt; 2) when one
crime under Art. 49) tries to murder a corpse.
b. ABERRATIO ICTUS - mistake in the
blow, that is, when the offender intending b. the means employed is either inadequate
to do an injury to one person actually or ineffectual
inflicts it on another; and - example: when one tries to poison another but
c. PRAETER INTENTIONEM the act the quantity of arsenic added in his substance was
exceeds the intent, that is, the injurious not sufficient to kill a person
result is greater than that intended. - but where the means employed is adequate
and the result expected is not produced, it is not an
* RPC, Art. 13 Mitigating circumstance impossible crime, but a frustrated felony.
That the offender had no intention to commit
so grave a wrong as that committed. 4. That the act performed should not
constitute a violation of another provision of
2. By any person performing an act which would the RPC
be an offense against persons or property, were it - example: A pointed a gun at B to rob the latter
not for the inherent impossibility of its of a watch but B was not wearing a watch. It is
accomplishment or an account of the employment not an impossible crime because As pointing his
of inadequate or ineffectual means. gun at B already constituted at least the crime of
grave threats.
3. Impossible Crimes
Why is an impossible crime punishable?
Requisites:
It is punishable in order to suppress criminal
1. That the act performed would be an offense tendencies. Objectively, the offender has not committed
against persons or property. a felony, but subjectively, he is a criminal.
Felonies Against Persons are:
a. Murder Urbano v. IAC
b. Homicide 157 SCRA 1 (1998)
c. Infanticide Facts: Urbano went to his rice field and found
d. Abortion his palay flooded with water. Urbano found out that it
e. Duel was Javier who was responsible for the opening of the
f. Physical Injuries irrigation canal. He got angry and tried to hack Javier
g. Rape but the latter tried to parry the attack and in the
Felonies Against Property: process, a two-inch incised wound was inflicted on the
a. Robbery right palm of Javiers hand. The wound was treated and
b. Brigandage incapacitation was diagnosed to be from 7-9 days. 22
c. Theft days after, Javier was rushed to the hospital in a very
d. Usurpation serious condition caused by tetanus toxin. Javier died
e. Culpable Insolvency the next day. Urbano was convicted of homicide.
f. Swindling and other deceits
g. Chattel Mortgage Held: Urbano is acquitted because the infection
was distinct and foreign to the crime. The proximate
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Third. That there be no other practical and The rule now is STAND GROUND WHEN IN THE
less harmful means of preventing it. RIGHT. So, where the accused is where he has the
right to be, the law does not require him to retreat
5. Any person who acts in fulfillment of a duty when his assailant is rapidly advancing upon him with
or in the lawful exercise of a right or office. a deadly weapon.
6. Any person who acts in obedience to an The belief of the person may be considered in
order issued by a superior for some lawful purpose. determining the existence of unlawful aggression.
Ex. If the aggressor used a toy pistol but the
accused believed it was a real gun, he may claim self-
Article 11 recognizes the acts of such persons as defense.
justified. Such persons are not criminals, as there is no
crime committed. b. Reasonable necessity of the means employed
to prevent or repel it
Par. 1 SELF-DEFENSE
The second requisite presupposes the existence of
unlawful aggression.
Self-defense includes not only the defense
of the person or body of the one assaulted but also that
The law protects not only the person who repels
of his rights, that is, those rights the enjoyment of which
an aggression (meaning actual), but even the person
is protected by law.
who tries to prevent an aggression that is expected
Includes Right to Honor and Defense of
(meaning imminent).
Property Rights.
The reasonableness of the necessity depends
Requisites:
upon the circumstances particularly the time and
location where the aggression took place.
a. There must be unlawful aggression
The means employed by the person making a
This is an indispensable requisite.
defense must be rationally necessary to prevent or
If there is no unlawful aggression, there is
repel an unlawful aggression.
nothing to prevent or repel.
Unlawful aggression is equivalent to assault or at
The reasonableness of the means used will depend
least threatened assault of an immediate and
upon the NATURE and QUALITY of the weapon used
imminent kind.
by the aggressor, his PHYSICAL CONDITION, SIZE
There must be an ACTUAL PHYSICAL assault upon
and other circumstances, and those of the person
a person, or at least a THREAT to inflict real injury.
defending himself, and also the place and occasion of
When there is no peril to ones life, limb or right,
the assault.
there is no unlawful aggression.
*** THE FIRST TWO REQUISITES ARE COMMON TO
PERIL TO ONES LIFE
THREE KINDS OF LEGITIMATE DEFENSE: 1) SELF-
DEFENSE, 2) DEFENSE OF A RELATIVE AND 3)
1. ACTUAL that the danger must be present, that
DEFENSE OF A STRANGER.
is, actually in existence.
c. Lack of sufficient provocation on the part of
2. IMMINENT- that the danger is on the point of
the person defending himself
happening. It is not required that the attack already
begins, for it may be too late.
The third requisite of self-defense is present:
1. When no provocation at all was given to the
A slap on the face constitutes unlawful aggression
aggressor by the person defending himself; or
since the face represents a person and his dignity.
2. When, even if a provocation was giver, it
Slapping it is a serious personal attack.
was not sufficient; or
3. When, even if the provocation was
Retaliation is different from an act of self-defense.
sufficient, it was not given by the person defending
In retaliation, the aggression that was begun by the
himself; or
injured party already ceased to exist when the
4. When, even if a provocation was given by
accused attacked him. In self-defense, the
the person defending himself, it was not proximate and
aggression was still existing when the aggressor was
immediate to the act of aggression.
injured or disabled by the person making a defense.
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continuously saying that he will kill her. The wife then Facts: The deceased tried to rape the accused
pulled out the knife of her husband tucked inside the while her husband was away. The deceased threatened
belt line and stabbed him. When she was released, she the accused with a knife to compel her to have sex with
ran home. The wife is claiming self-defense. him. As the deceased was preparing to lie down with
Held: The wife who being strangled and choked her, he placed the knife on the floor and so the accused
by a furious aggressor had no other recourse but to get took advantage of the situation by getting the knife and
hold of any weapon within her reach to save herself. The stabbing the deceased with it.
claim that it was not proper for the wife to be standing Held: An attempt to rape is a sufficient
in the middle of the night outside a yard giving the aggression for a legitimate claim of self-defense. We
impression that she is prostituting herself, is not have the right to HONOR. Womans honor is a right as
sufficient provocation. All that the accused did was to precious as her very existence because chastity once
provoke an imaginary commission of a wrong in the defiled cannot be restored.
mind of her husband which is not a sufficient
provocation under the law of self-defense. People v. Dela Cruz
61 Phil 344 (1935)
People v. Alconga Facts: Accused was found guilty of homicide
78 Phil 366 (1947) for stabbing and killing Rivera. Prosecution claimed that
Facts: The deceased Barion was the banker in Dela Cruz and Rivera had a relationship and that the
the game of black jack. Raposo played the game while accused was madly in love with the deceased and was
the accused posted himself behind Barion acting as a extremely jealous of another woman with whom Rivera
spotter of the cards of the latter and communicating it also had a relationship. Dela Cruz claimed, on the other
to his partner Raposo. When Barion learned about what hand, that on her way home one evening, Rivera
Raposo and Alconga were doing, an exchange of words followed her, embraced and kissed her and touched her
ensued. One morning, when Alconga was in the private parts. She didnt know that it was Rivera and
guardhouse, Barion arrived and swung his pingahan at that she was unable to resist the strength of Rivera so
the former but the accused was able to avoid the blow. she got a knife from her pocket and stabbed him in
In a crawling position, Alconga avoided the following defense of her honor.
blows and was able to draw his revolver and shoot Held: She is justified in using the pocketknife
Barion. He was able to crawl out of the guardhouse and in repelling what she believed to be an attack upon her
a hand-to-hand fight ensued. Having sustained several honor. It was a dark night and she could not have
wounds, Barion ran away but was followed by the identified Rivera. There being no other means of self-
accused and another fight took place. Alconga then defense.
slashed Barions head with a bolo which caused the
latters death. The accused pleaded self-defense. People v. Jaurigue
Held: An accused was no longer acting in self- 76 Phil. 174 (1946
defense when he pursued and killed a fleeing adversary, Facts: Amado (deceased) has been courting
though originally the unlawful aggressor, there being no the accused Avelina in vain. On the day of the crime,
more aggression to defend against, the same having Avelina and Amado were in Church. Amado sat beside
ceased from the moment the deceased took to his heels. Avelina and placed his hand on her thigh. Thereafter,
Avelina took out her knife and stabbed Amado in the
People v. Sumicad neck, causing the death of Amado.
56 Phil 643 (1932) Held: Although the defense of ones honor
Facts: Sumicad was hauling logs when Cubol exempts one from criminal liability, it must be proved
suddenly struck him with his fist. Sumicad tried to that there is actual danger of being raped. In this case,
escape but Cubol continued to strike him with his fists. 1) the church was well-lit, 2) there were several people
Sumicad receded until he found himself cornered by a in the church, including the father of the accused and
pile of logs which prevented him from further retreat. As other town officials. In light of these circumstances,
Cubol advanced towards him, Sumicad drew out his bolo accused could not have possibly been raped. The means
and struck him. Cubol tried to wrest the bolo from employed in defense of her honor was evidently
Sumicad and to prevent this, the latter struck him again excessive.
twice which broke Cubols cranium resulting to his
death. U.S. v. Bumaglang
Held: As a general rule, a man is not justified 14 Phil 644 (1909)
in killing an assailant who is not armed with any Facts: Bumanglang was missing 40 bundles of
dangerous weapon. This rule applies only when the palay. Later, accompanied by his co-defendants, he
contending parties are in the open and the person awaited the culprit and caught Ribis so they confronted
assaulted can escape. However, where one has no him assaulted him with sticks and other cutting and
means of escaping, the one who is assaulted can use a stabbing weapons. As a result, Ribis died. Defendants
weapon in any way reasonably necessary to his declared that during the fight they only beat the
protection against the aggressor. deceased with sticks and Ribis unsheathed his bolo.
The deceased here is a bully of known violent Bumanglang et al were convicted of homicide.
character and although unarmed, he attempted to take Held: The bolo of the deceased was sheathed
from the accused a bolo which is the only means of when the body was discovered. There was no unlawful
defense possessed by the latter. It would have been an aggression on the part of Ribis. Thus, there can be no
act of suicide on the part of the accused to allow the claim of self-defense.
bolo to pass into the hands of his antagonist. Separate Opinion: A man who ambushed one
he suspects to be a thief can claim defense of property.
People v. Luague Not only was there unlawful aggression against
62 Phil 504 (1935) Bumanglag, there was also a wrongful invasion of his
habitat and attempt to commit a felony against his
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property. With the imminence of danger to his life, he and pursuant to the rule on the burden of evidence
realized that he had to ask assistance from his friends, imposed by law on the party invoking self-defense, the
considering Ribis criminal record, character and unusual admission of Eusebio that he killed Leo made it
strength. incumbent upon appellant to convincingly prove that
there was unlawful aggression on the part of the victim
which necessitated the use of deadly force by Eusebio.
Unfortunately, Eusebio miserably failed to prove the
Toledo v. People existence of unlawful aggression on the part of the
439 SCRA 94 (2004) victim. Eusebio is guilty of murder.
Facts: Toledo saw his nephew, Ricky, and the
latter's friends about 5 m away from his house, having a Cano v. People
drinking spree. He ordered them not to make loud 413 SCRA 92 (2003)
noises, and they obliged. He then went to his house and Facts: Conrado and his deceased brother were
went to sleep. After some time, Ricky and his friends rivals in the Rush ID Photo business and had booths
also went to sleep. They had not laid down for long along the sidewalk of Rizal Avenue, Sta. Cruz, Manila.
when he heard stones being hurled at the roof of the Condrado borrowed the permit of the deceased and had
house. Ricky saw Toledo stoning their house and asked it photocopied without the latters permission. The
him why he was doing the same. Toledo did not answer deceased confonted Conrado and tried to stab him with
but met Ricky at the doorstep of his house and without a fan knife. The latter locked himself in the dark room of
warning stabbed Ricky on the abdomen with a bolo his booth to protect himself but was followed by the
which resulted to his death. In the lower court, Toledo deceased and they ended up attacking each other.
defended himself by alleging that his bolo accidentally During the scuffle, the scissors which Orlando was able
hit the stomach of the victim and that he was able to to grab fell from his hands. He then grabbed the knife
prove all the essential elements of self-defense. of the deceased who in turn picked the scissors. They
Held: The Court ruled that it is an aberration again attacked each other which resulted to the death of
for Toledo to invoke the two defenses at the same time the other.
because the said defenses are intrinsically antithetical. Held: Conrados act of killilng his brother was
There is no such defense as accidental self-defense in attended by a justifying circumstance of self-defense. It
the realm of criminal law. was the deceased who purposely sought and initially
The court further ruled that Toledo was not attacked Orlando with a knife. The act of a person
justified in stabbing Ricky. There was no imminent armed with a bladed weapon pursuing another
threat to his life necessitating his assault. Records reveal constitutes unlawful aggression because it signifies the
that there is no unlawful aggression, a condition sine pursuers intent to commit an assault with his weapon.
qua non for the justifying circumstance of self-defense, There was also lack of sufficient provocation on the part
on the part of Ricky. Ricky arrived at Toledos house of Condrado. His act of photocopying the permit of his
unarmed. With no weapon to attack Toledo or defend brother without the latters permission can hardly be
himself, no sign of hostility may be deduced from him. considered as provocation to merit so deadly an assault
with a bladed weapon.
People vs. Enfectana
381 SCRA 359 (2002) Balunueco v. CA
Facts: While Adelaida and her husband Leo 401 SCRA 76
were on their way home, they were sideswiped by a Facts: Amelia was coddling her youngest child
tricycle driven by appellant Erwin with Efren both in front of her house when she saw accused Reynaldo,
surnamed Enfectana as passenger. As a result, her his father Juanito, brothers Ricardo and Ramon, all
husband fell in a crouching position. When he was about surnamed Balunueco, and one Flores chasing her
to get up, Eusebio also surnamed Enfectana came from brother-in-law Servando. With the 5 individuals in hot
behind to stab him. Then Erwin and Efren took turns in pursuit, Servando scampered into the safety of Amelia's
stabbing Leo. He died as a result. In court, Eusebio house. Meanwhile, Senando, who was then cooking
Enfectana admitted that he killed Leo. He, however, supper, went out of the house unaware of the
alleged that he acted in self-defense commotion going on outside. Upon seeing Senando,
Held: It is an established principle that once Reynaldo turned his attention on him and gave chase.
this justifying circumstance is raised, the burden of Senando instinctively fled towards the fields but he was
proving the elements of the claim shifts to him who met by Armando who hit him with a stone, causing
invokes it. The elements of self-defense are: (1) that the Senando to feel dizzy. Reynaldo, Ricardo, and Armando
victim has committed unlawful aggression amounting to cornered their quarry near a canal and ganged up on
actual or imminent threat to the life and limb of the him. Armando placed a can on top of Senando's head
person claiming self-defense; (2) that there be and Ricardo repeatedly struck Senando with an ax on
reasonable necessity in the means employed to prevent the head, shoulder, and hand. At one point, Ricardo lost
or repel the unlawful aggression; and (3) that there be his hold on the ax, but somebody tossed him a bolo and
lack of sufficient provocation on the part of the person then he continued hacking the victim who fell on his
claiming self-defense or, at least, that any provocation knees. To shield him from further violence, Amelia put
executed by the person claiming self-defense be not the her arms around her husband but it was not enough to
proximate and immediate cause of the victim's detract Ricardo from his murderous frenzy. Amelia was
aggression. The condition of unlawful aggression is a also hit on the leg. The RTC and CA convicted Ricardo of
sine qua non; otherwise stated, there can be no self- Homicide. He now imputes errors to the CA in not taking
defense, complete or incomplete, unless the victim has into consideration the fact that if indeed he participated,
committed unlawful aggression against the person he had acted in defense of his relatives.
defending himself. Held: Of the three (3) requisites of defense of
Given the fact that the relationship between relatives, unlawful aggression is a condition sine qua
the parties had been marred by ill will and animosities, non, for without it any defense is not possible or
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justified. In order to consider that an unlawful Facts: In the evening of October 25, 1995, Severino
aggression was actually committed, it is necessary that Manalo (victim) and Vicente were talking to each other
an attack or material aggression, an offensive act in front of the house of Alfredo Asi (Alfredo). Then,
positively determining the intent of the aggressor to Vicente saw the accused-appellant approach Severino
cause an injury shall have been made; a mere from behind and suddenly stab the latter thrice with a
threatening or intimidating attitude is not sufficient to white sharp bladed weapon. The three successive stab
justify the commission of an act which is punishable per blows landed on Severino's back, his stomach and on his
se, and allow a claim of exemption from liability on the side. Vicente testified that Severino was caught off
ground that it was committed in self-defense or defense guard when he was stabbed by the accused-appellant as
of a relative. the victim was facing the former while they were talking.
In the case at bar, petitioner Ricardo utterly Immediately after Severino was stabbed, the accused-
failed to adduce sufficient proof of the existence of a appellant fled from the place of the incident. For fear
positively strong act of real aggression on the part of the that he might also be attacked, Vicente scampered away
deceased Senando. It was he and his kin who had to a safer distance until he reached his place where he
initiated the unlawful aggression and not Senando. called for help. Vicente, together with some people,
Further, the natural impulse of any person who has returned to the crime scene where they found Severino
killed someone in defense of his person or relative is to sprawled on the ground already dead.
bring himself to the authorities and try to dispel any Accused raised self-defense as an excuse.
suspicion of guilt that the authorities might have against Held: After taking into account the location and the
him. Ricardo failed to do the same. With the exception number of stab wounds sustained by the victim, the
of his self-serving allegations, there is nothing on record accused-appellant's claim of self-defense further
that would justify his killing of Senando. crumbles. To reiterate, the first stab blow hit Severino's
back jibing with Vicente's assertion that the former was
People v. Dijan stabbed from behind. Then, when the victim was totally
383 SCRA 15 (2002) caught by surprise with the initial attack, the second and
Facts: Silvestre and Hilario were at a store to third stab blows were delivered. Additionally, the
buy some cigarettes when they saw the group of Dijan, number of wounds suffered by Severino invalidates the
Paglinawan and Lizardo, passing by the store. accused-appellant's allegation that he was only
Paglinawan suddenly confronted Hilario for purportedly defending himself for the number of wounds inflicted are
giving him a "bad stare." Silvestre apologized and rather demonstrative of deliberate and criminal intent to
explained that it was the natural way Hilario gazed at end the life of the victim. Likewise weakening accused
people. Dijan, Paglinawan and Lizardo then left the place appellant's contention that he acted in self-defense was
while Silvestre and Hilario proceeded home. While his behavior immediately after the incident. In the case
Silvestre and Hilario were walking, the 3 accused, at bar, the accused-appellant himself admitted that
ganged up on, and took turns in stabbing, Hilario. At upon seeing the victim lying on the ground, he boarded
that point, Hilario, who was walking slightly ahead of a jeep to go to his sister's place in San Pascual,
Silvestre, cried out and told the latter to flee. Silvestre Batangas before moving to Bicol where he hid from the
ran away until he was able to cling to a passing authorities for several years. The accused-appellant's
passenger jeepney. Hilario was found to have sustained flight negates his plea of self-defense and indicates his
several stab wounds, punctured and incised wounds, guilt.
and abrasion in various parts of the body which caused
his death. Appealing his conviction in court, Dijan
invoked the justifying circumstance of defense of a Par. 4 AVOIDANCE OF A GREATER EVIL
stranger.
Held: In order to successfully put up this Any person who, in order to avoid an evil or injury,
defense an accused must show the existence of unlawful does an act which causes damage to another.
aggression on the part of the victim. The unlawful
aggression must be a continuing circumstance or must DAMAGE TO ANOTHER the term covers
have been existing at the time the defense is made. injury to persons and damage to property. Damage done
Once unlawful aggression is found to have ceased, the deliberately to avoid a greater evil.
one making the defense of a stranger would likewise
cease to have any justification for killing, or even just Requisites:
wounding, the former aggressor. From the defense 1. That the evil sought to be avoided
account, it would appear that Hilario was already actually exists;
disarmed and the unlawful aggression by Hilario (if - The evil must actually exist and not
indeed he was the aggressor) to have by then been merely expected or anticipated or may happen
abated, when Dijan still delivered the fatal thrusts on in the future.
the victim.
The number of wounds sustained by the victim 2. That the injury feared is greater than that
would itself likewise negate Dijans claim of defense of a done to avoid it;
stranger. The autopsy conducted on the corpse would Note: The instinct of self-preservation
show that the deceased sustained 14 injuries consisting will always make one feel that his own safety is
of 9 stab wounds, 3 punctured wounds, an incised of greater importance than that of another.
wound and an abrasion. Certainly, the nature and - The greater evil should not be brought
number of wounds inflicted by an accused on the victim about by the negligence or imprudence of the
should be significant indicia in determining the actor.
plausibility of the defense plea. - The evil which brought about the greater
evil must not result from a violation of law by
People v. Nestor Roxas the actor.
G.R. No. 218396, 10 February 2016
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3. That there be no other practical and less other forms of security instead of postdated checks to
harmful means of preventing it. secure her obligation.
Moreover, for the defense of state of necessity
General rule: No liability in justifying to be availing, the greater injury feared should not have
circumstances because there is no crime. been brought about by the negligence or imprudence,
Exception: There is CIVIL LIABILITY under more so, the willful inaction of the actor. In this case,
this paragraph. It is borne by the persons benefited by the issuance of the bounced checks was brought about
the act. They shall be liable in proportion to the benefit by Ty's own failure to pay her mother's hospital bills.
which they may have received.
29
CRIMINAL LAW 1
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never justified in using unnecessary force or in treating police officers. Sound discretion and restraint dictated
him with wanton violence or in resorting to dangerous that accused-appellant, a veteran policeman, should
means when the arrest could be effected otherwise. have ceased firing at the victim the moment he saw the
latter fall to the ground. The victim at that point no
longer posed a threat and was already incapable of
mounting an aggression against the police officers.
Pomoy v. People Shooting him in the head was obviously unnecessary.
439 SCRA 439 (2004) The law does not clothe police officers with
:
Fats Police sergeant Pomoy, went near the
authority to arbitrarily judge the necessity to kill- it must
be stressed that their judgment and discretion as police
door of the jail where Balboa was detained for robbery officers in the performance of their duties must be
and directed the latter to come out, purportedly for exercised neither capriciously nor oppressively, but
tactical interrogation at the investigation room. At that within reasonable limits.
time, petitioner had a gun, a .45 caliber pistol, tucked in
a holster which was hanging by the side of his belt. The
Par. 6 OBEDIENCE TO AN ORDER ISSUED FOR
gun was fully embedded in its holster, with only the
SOME LAWFUL PURPOSE
handle of the gun protruding from the holster. Balboa
tried to remove Pomoys gun and the two grappled for
possession of the gun. Thereafter, 2 gunshots were Requisites:
heard. When the source of the shots was verified, 1. That an order has been issued by a
petitioner was seen still holding a .45 caliber pistol, superior.
facing Balboa, who was lying in a pool of blood. Pomoy 2. That such order must be for some lawful
invoked the defense of accident for his defense. purpose.
Held: Pomoy is acquitted. At the time of the 3. That the means used by the subordinate to
incident, petitioner was a member specifically, one of carry out said order is lawful.
the investigators of the Philippine National Police
(PNP) stationed at the Iloilo Provincial Mobile Force When the order is not for a lawful purpose,
Company. Thus, he was in the lawful performance of his the subordinate who obeyed it is criminally liable.
duties as investigating officer that, under the The subordinate is not liable for carrying out
instructions of his superior, he fetched the victim from an illegal order of his superior, if he is not aware of the
the latter's cell for a routine interrogation. illegality of the order and he is not negligent.
The participation of petitioner, if any, in the
victim's death was limited only to acts committed in the People v. Beronilla
course of the lawful performance of his duties as an 96 Phil 566(1955)
enforcer of the law. The removal of the gun from its Facts: Borjal was the elected mayor of La Paz,
holster, the release of the safety lock, and the firing of Abra at the outbreak of war and continued to serve as
the two successive shots all of which led to the death Mayor during Japanese occupation. Beronilla was
of the victim were sufficiently demonstrated to have appointed later as Military Mayor. Later, while the
been consequences of circumstances beyond the control operations for the liberation of Abra was in progress,
of petitioner. At the very least, these factual Beronilla, pursuant to his instructions, placed Borjal in
circumstances create serious doubt on Pomoys his custody and asked the residents to file charges of
culpability. espionage, aiding the enemy, and abuse of authority
against him. After trial, Borjals execution took place.
People v. Ulep Later, Beronilla, together with a priest, executioner,
340 SCRA 688 (2000) grave digger, etc. were indicted for murder. The
Accused-appellant and the other police officers prosecution claimed that Col. Volkmann transmitted a
involved originally set out to perform a legal duty: to radiogram message stating that the jury system
render police assistance, and restore peace and order at organized by the municipality is illegal and cannot order
Mundog Subdivision where the victim was then running execution of Borjal.
amuck. There were two (2) stages of the incident at Held: There is no proof that Beronilla was able
Mundog Subdivision. During the first stage, the victim to receive the radiogram message. The records are
threatened the safety of the police officers by ample to sustain the claim of the accused that the
menacingly advancing towards them, notwithstanding arrest, prosecution and trial were done pursuant to
accused-appellant's previous warning shot and verbal express orders of the 15th Infantry HQ. Where the
admonition to the victim to lay down his weapon or he accused acted upon orders of superior officers that the
would be shot. As a police officer, it is to be expected military subordinates, could not question, and obeyed in
that accused-appellant would stand his ground. Up to good faith, without being aware of their illegality,
that point, his decision to respond with a barrage of without any fault or negligence on their part, the act is
gunfire to halt the victim's further advance was justified not accompanied by criminal intent. A crime is not
under the circumstances. After all, a police officer is not committed if the mind of the person performing the act
required to afford the victim the opportunity to fight be innocent.
back. Neither is he expected when hard pressed and in
the heat of such an encounter at close quarters to Tabuena v. Sandiganbayan
pause for a long moment and reflect coolly at his peril, 268 SCRA 332 (1997)
or to wait after each blow to determine the effects Facts: Pres. Marcos instructed Tabuena over
thereof. the phone to pay directly to the Office of the President in
However, he cannot be exonerated from cash what MIAA owes the Phil. National Construction
overdoing his duty during the second stage of the Corporation (PNCC) which later was reiterated in writing.
incident when he fatally shot the victim in the head, The Marcos memo indicated the amount of P55m for
even after the latter slumped to the ground due to partial payment of the obligation to PNCC as mentioned
multiple gunshot wounds sustained while charging at the in Ongpins memo. In obedience to Marcos instruction,
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the accused withdrew the amount by means of 3 6. Any person who acts under the impulse of
separate issuances of managers check and encashment an uncontrollable fear of an equal or greater injury.
in 3 separate dates as well. The money withdrawn were 7. Any person who fails to perform an act
placed in peerless boxes and duffle bags and delivered required by law, when prevented by some lawful
to the private secretary of Marcos also in 3 separate insuperable cause.
days. According to the accused, the disbursement was
not in the normal procedure since it is paid in cold cash, One who acts by virtue of any of the exempting
there were no vouchers supporting it and no receipt circumstances commits a crime, although by the
from PNCC. complete absence of any of the conditions which
Tabuena and Peralta were convicted by the constitute free will or voluntariness of the act, no
Sandiganbayan of malversation as defined in Art. 217, criminal liability arise.
RPC for misappropriating funds of Manila International
Airport Authority (MIAA) worth P55M.
Par. 1 AN IMBECILE OR INSANE PERSON,
Held: The accused are acquitted. The accused
UNLESS THE LATTER HAS ACTED DURING A LUCID
is entitled to the justifying circumstance of obedience to
INTERVAL
an order issued by a superior for some lawful purpose.
Sandiganbayan claimed that are Marcos memo was
unlawful because it orders disbursement of P55M when IMBECILE
the Ongpin memo reveals that the liability is only 34.5M. - one who, while advanced in age, has a
Granting this to be true, it will not affect Tabuenas good mental development comparable to that of children
faith as to make him criminally liable. Thus, even if the between 2 and 7 years of age.
order is illegal if it is patently legal and the subordinate one who is deprived completely of reason or
is not aware of its illegality, the subordinate is not liable, discernment and freedom of the will at the time of
for then there would only be a mistake of fact committing the crime.
committed in good faith. - exempt in all cases from criminal liability
INSANE
2. EXEMPTING CIRCUMSTANCES there is a complete deprivation of intelligence in
committing the act but capable of having lucid intervals.
Exempting circumstances (non-imputability) During a lucid interval, the insane acts with intelligence
are those grounds for exemption from punishment and thus, not exempt from criminal liability.
because there is wanting in the agent of the crime any - Cognition Test complete deprivation of
of the condition which make the act voluntary or intelligence.
negligent. While the act is criminal, the actor is not - Volition Test complete deprivation of will.
liable. There is, however, civil liability.
PROCEDURE WHEN AN IMBECILE OR INSANE
The exemption from punishment is based on COMMITTED A FELONY
the COMPLETE ABSENCE of intelligence, freedom of - The court shall order his confinement in one
action, or intent, or on the absence of negligence on the of the hospitals or asylums established for persons
part of the accused. afflicted, which he shall not be permitted to leave
without first obtaining the permission of the court. The
Art. 12. Circumstances which exempt from criminal court must obtain the opinion of the Director of Health
liability. the following are exempt from criminal before permitting his release.
liability:
1. An imbecile or an insane person, unless the When the person is sane at the time of the commission
latter has acted during a lucid interval. of the crime but he becomes insane at the time of the
When the imbecile or an insane person has trial, he is liable criminally. The trial, however, shall be
committed an act which the law defines as a felony suspended until mental capacity of the accused be
(delito), the court shall order his confinement in one of restored to afford him a fair trial.
the hospitals or asylums established for persons thus
afflicted, which he shall not be permitted to leave Evidence of insanity must refer to the time preceding
without first obtaining the permission of the same court. the act under prosecution or to the very moment of its
2. A person under nine years of age. execution. If the evidence points to insanity subsequent
3. A person over nine years of age and under to the commission of the crime, the accused cannot be
fifteen, unless he has acted with discernment, in which acquitted.
case, such minor shall be proceeded against in
accordance with the provisions of Art. 80 of this Code. Feeblemindedness is not imbecility because a feeble-
When such minor is adjudged to be criminally minded person can distinguish right from wrong.
irresponsible, the court, in conformably with the Cases covered under this article:
provisions of this and the preceding paragraph, shall a. Dementia praecox
commit him to the care and custody of his family who b. Kleptomania if found by a competent
shall be charged with his surveillance and education psychiatrist as irresistible
otherwise, he shall be committed to the care of some c. Epilepsy
institution or person mentioned in said Art. 80. d. Somnambulism sleep-walking
4. Any person who, while performing a lawful e. Malignant malaria which affects the
act with due care, causes an injury by mere accident nervous system
without fault or intention of causing it.
5. Any person who act under the compulsion of People v. Mejaro Roa
irresistible force. G.R. No. 225599, 22 March 2017
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Facts: Eliseo was approached from behind by dementia praecox, the crime is usually preceded by
accused who suddenly stabbed him on the left lower much complaining and planning. In these people,
back with a bolo. The accused surrendered voluntarily. homicide attacks are common because of delusions that
Accused is known to have suffered mental disorder prior they are being interfered with sexually or that their
to his commission of the crime charged. The RTC found property is being taken. During period of excitement,
the accused guilty of the offense of Murder. The CA such person has no control whatever of his acts. An
affirmed the finding of conviction by the trial court. irresistible homicide impulse was considered embraced
Held: Insanity as an exempting circumstance is in the term of insanity.
not easily available to the accused as a successful
defense. It is an exception rather than the rule on the People v. Taneo
human condition. Anyone who pleads insanity as an 58 Phil 87(1933)
exempting circumstance bears the burden of proving it Facts: A fiesta was being celebrated in the
with clear and convincing evidence. The testimony or barrio and visitors were being entertained at the house
proof of an accused's insanity must relate to the time of Taneo and his wife. That afternoon, Taneo went to
immediately preceding or simultaneous with the sleep and while sleeping, he suddenly got up, left the
commission of the offense with which he is charged. room with a bolo in his hand. He wounded his wife who
Accused further argues that the presumption of sanity was pregnant at that time in the abdomen when she
must not be applied in his case, because of the rule that tried to stop him. He attacked two of his visitors and his
a person who has been committed to a hospital or to an father, after which, he wounded himself. 5 days later,
asylum for the insane is presumed to continue to be his wife died because of the wound. He was charged of
insane. In this case, however, it is noteworthy that while parricide.
accused was confined in a mental institution in 2001, he Held: The accused acted while in a dream and
was properly discharged therefrom in 2002. This proper his acts, with which he is charged, were not voluntary in
discharge from his confinement clearly indicates an the sense of entailing criminal liability.
improvement in his mental condition; otherwise, his
doctors would not have allowed his discharge from People v. Formigones
confinement. Absent any contrary evidence, then, the 87 Phil 658(1950)
presumption of sanity resumes and must prevail. Held: One day, the accused stabbed his wife
from the back who was sitting at the top of the stairs in
People v. Tubogoca their house. Accused admitted the killing and that he
285 SCRA 312(1998) was jealous and had suspicions that his wife and his
Facts: Jacqueline, together with her sisters, brother were having a relationship. Counsel for accused
lived with their father after their mother died. One night, interposed the defense of insanity stating that in prison,
she was roused by her father who asked her to scratch the accused behaved like an insane person, would go
his back but later she was forced to have intercourse stark naked in the presence of his fellow inmates,
with him. Her sister Jinky also experienced the same remain indifferent to his surroundings and sang chorus
with his father 2 years after. When their grandmother with inmates or by himself.
found out about the incident, they filed charges against Held: At most, the accused is found to be
the accused. The accused claim that he cannot feeble-minded but this does not exempt him from
remember anything because he often drinks liquor at liability but may serve as a mitigating circumstance. The
home. accused admitted to his motive for the killing which is
Held: The law presumes every man to be sane. jealousy so he must know what he was doing at that
The accused failed to overthrow the presumption of time. His actions immediately after he struck his wife
sanity. Failure to remember is in itself no proof of the and his behavior in prison may only be due to remorse
mental condition of the accused when the crime was at having killed his wife due to his feeblemindedness.
performed. His charade of amnesia is a desperate
gambit for exculpation. People v. Valledor (supra)
Facts: Roger was in his house working on a
People v. Madarang lettering job inside his bedroom together with his first
332 SCRA 99(2000) cousin, Elsa and his friends, Simplicio and Antonio. All
Facts: Fernando and his wife quarreled. In the of a sudden, Valledor entered the room uttered Roger's
heat of the fight, the accused stabbed his wife causing nickname ("Jer") and immediately attacked him with a
her death. The accused declared that he had no knife. Valledor then stabbed Elsa on the chest and said,
recollection of the stabbing incident. Further, he alleges "Ako akabales den, Elsa." (I had my revenge, Elsa).
that he did not know where he was that day. Court Thereafter, Valledor fled, leaving Simplicio and Antonio
ordered the accuseds confinement in a mental unharmed. Roger and Elsa were immediately brought to
institution where it was found that he was inflicted with the hospital. On their way out, Antonio noticed a
schizophrenia. He was submitted to treatment for 2 commotion and saw that Ricardo, a neighbor of the
years, after which, he faced the charges against him. victim, who was likewise stabbed by Valledor was
Held: The accused failed to prove that he was wounded. Elsa was declared dead on arrival. Roger on
completely deprived of intelligence in committing the the other hand was treated for the 5-centimeter wound
act. He did not show any signs of insanity prior to and sustained by him on his right forearm. Valledor invoked
immediately after the act. He was only diagnosed of the defense of insanity.
schizophrenia months after the incident. Also, schizos Held: Valledor failed to discharge the burden of
have lucid intervals. overcoming the presumption of sanity at the time of the
commission of the crime.
People v. Bonoan Judging from his acts, Valledor was clearly
64 Phil 87 (1937) aware and in control of what he was doing as he in fact
A person suffering from dementia praecox purposely chose to stab only the two victims. Two other
pleaded insanity as a defense for committing murder. In people were also inside the room, but Valledor went for
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the victims. His obvious motive of revenge against the A child above fifteen (15) years but below
victims was accentuated by calling out their names and eighteen (18) years of age shall likewise be exempt
uttering the words, "I had my revenge" after stabbing from criminal liability and be subjected to an
them. Finally, his act of immediately fleeing from the intervention program, unless he/she has acted with
scene after the incident indicates that he was aware of discernment, in which case, such child shall be
the wrong he has done and the consequence thereof. subjected to appropriate proceedings.
As consistently held by this Court, "A man may
act crazy but it does not necessarily and conclusively The exemption from criminal liability does not
prove that he is legally so. Then, too, the medical include exemption from civil liability.
findings showing that Valledor was suffering from a
mental disorder after the commission of the crime, has Note: A child fifteen (15) years of age or under at
no bearing on his liability. What is decisive is his mental the time of the commission of the offense shall be
condition at the time of the perpetration of the offense. exempt from criminal liability. A child is deemed to be
Failing to discharge the burden of proving that he was fifteen (15) years of age on the day of the fifteenth
legally insane when he stabbed the victims, he should anniversary of his/her birthdate (R.A. No. 10630,
be held liable for his felonious acts. amending Section 6 o R.A. No. 9344).
Par. 3. A PERSON OVER 9 YEARS OF AGE AND Repetition of Offenses (R.A. No. 10630, amending
UNDER 15 UNLESS HE HAS ACTED WITH Section 20 of R.A. No. 9344)
DISCERNMENT, IN WHICH CASE, SUCH MINOR
SHALL BE PROCEEDED AGAINST IN COORDANCE A child who is above twelve (12) years of age
WITH THE PROVISIONS OF ARTICLE 80 OF THIS up to fifteen (15) years of age and who commits an
CODE. offense for the second time or oftener shall be deemed
a neglected child under P.D. No. 603, as amended, and
A minor over 15 and under 18 years of age must have shall undergo an intensive intervention program
acted without discernment to be exempted from criminal supervised by the local social welfare and development
liability. officer, provided that:
DISCERNMENT means the mental capacity of a minor 1. the child was previously subjected to a
between 15 and 18 years of age to fully appreciate the community-based intervention program;
consequences of his lawful act. 2. if the best interest of the child requires
that he/she be placed in a youth care facility or Bahay
DISCERNMENT INTENT Pag-asa, the childs parents or guardians shall execute
Moral significance that a Desired act of the person a written authorization for the voluntary commitment
person ascribes to the said of the child; and
act 3. if the child has no parents or guardians or
if they refuse or fail to execute the written
Discernment may be shown by 1) the manner the authorization for voluntary commitment, the proper
crime was committed or 2) the conduct of the offender petition for involuntary commitment shall be
after its commission. immediately filed by the DSWD or the LSWDO pursuant
to P.D. No. 603, as amended (Sec. 20-B of R.A. No.
R.A. 9344, Sec. 6 (Juvenile Justice and Welfare 9344, as amended).
Act of 2006)
A child fifteen (15) years of age or under at the Note: In the following cases the minor offenders are
time of the commission of the offense shall be exempt under 15 years of age when they committed the crime.
from criminal liability. However, the child shall be They are thus exempt from criminal liabilities.
subjected to an intervention program.
People v. Doquena
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government, or duly licensed agencies or any other to the right for a writ of execution for the recovery of civil
responsible person, until he shall have reached twenty-one damages.
years of age or, for a shorter period as the court may deem
proper, after considering the reports and recommendations Article 199. Living Quarters for Youthful
of the Department of Social Welfare or the agency or Offenders Sentence. - When a judgment of conviction is
responsible individual under whose care he has been pronounced in accordance with the provisions of Article 197,
committed. and at the time of said pronouncement the youthful offender
The youthful offender shall be subject to visitation is still under twenty-one, he shall be committed to the
and supervision by a representative of the Department of proper penal institution to serve the remaining period of his
Social Welfare or any duly licensed agency or such other sentence: Provided, That penal institutions shall provide
officer as the Court may designate subject to such conditions youthful offenders with separate quarters and, as far as
as it may prescribe. practicable, group them according to appropriate age levels
or other criteria as will insure their speedy rehabilitation:
Article 193. Appeal. - The youthful offender Provided, further, That the Bureau of Prisons shall maintain
whose sentence is suspended can appeal from the order of agricultural and forestry camps where youthful offenders
the court in the same manner as appeals in criminal cases. may serve their sentence in lieu of confinement in regular
penitentiaries.
Article 194. Care and Maintenance of
Youthful Offender. - The expenses for the care and Article 200. Records of Proceedings. - Where
maintenance of the youthful offender whose sentence has a youthful offender has been charged before any city or
been suspended shall be borne by his parents or those provincial fiscal or before any municipal judge and the
persons liable to support him: Provided, That in case his charges have been ordered dropped, all the records of the
parents or those persons liable to support him can not pay case shall be destroyed immediately thereafter.
all or part of said expenses, the municipality in which the Where a youthful offender has been charged and
offense was committed shall pay one-third of said expenses the court acquits him, or dismisses the case or commits him
or part thereof; the province to which the municipality to an institution and subsequently releases him pursuant to
belongs shall pay one-third; and the remaining one-third this Chapter, all the records of his case shall be destroyed
shall be borne by the National Government. Chartered cities immediately after such acquittal, dismissal or release, unless
shall pay two-thirds of said expenses; and in case a civil liability has also been imposed in the criminal action, in
chartered city cannot pay said expenses, part of the internal which case such records shall be destroyed after satisfaction
revenue allotments applicable to the unpaid portion shall be of such civil liability. The youthful offender concerned shall
withheld and applied to the settlement of said indebtedness. not be held under any provision of law, to be guilty of
All city and provincial governments must exert perjury or of concealment or misrepresentation by reason of
efforts for the immediate establishment of local detention his failure to acknowledge the case or recite any fact related
homes for youthful offenders. thereto in response to any inquiry made of him for any
purpose.
Article 195. Report on Conduct of Child. - The "Records" within the meaning of this article shall
Department of Social Welfare or its representative or duly include those which may be in the files of the National
licensed agency or individual under whose care the youthful Bureau of Investigation and with any police department, or
offender has been committed shall submit to the court every any other government agency which may have been
four months or oftener as may be required in special cases, involved in the case.
a written report on the conduct of said youthful offender as
well as the intellectual, physical, moral, social and emotional Article 201. Civil Liability of Youthful
progress made by him. Offenders. - The civil liability for acts committed by a
youthful offender shall devolve upon the offender's father
Article 196. Dismissal of the Case. - If it is and, in case of his death or incapacity, upon the mother, or
shown to the satisfaction of the court that the youthful in case of her death or incapacity, upon the guardian. Civil
offender whose sentence has been suspended, has behaved liability may also be voluntarily assumed by a relative or
properly and has shown his capability to be a useful member family friend of the youthful offender.
of the community, even before reaching the age of majority, Article 202. Rehabilitation Centers. - The
upon recommendation of the Department of Social Welfare, Department of Social Welfare shall establish regional
it shall dismiss the case and order his final discharge. rehabilitation centers for youthful offenders. The local
government and other non-governmental entities shall
Article 197. Return of the Youth Offender to collaborate and contribute their support for the
Court. - Whenever the youthful offender has been found establishment and maintenance of these facilities.
incorrigible or has wilfully failed to comply with the Article 203. Detention Homes. - The
conditions of his rehabilitation programs, or should his Department of Local Government and Community
continued stay in the training institution be inadvisable, he Development shall establish detention homes in cities and
shall be returned to the committing court for the provinces distinct and separate from jails pending the
pronouncement of judgment. disposition of cases of juvenile offenders.
When the youthful offender has reached the age Article 204. Liability of Parents or Guardian
of twenty-one while in commitment, the court shall or Any Person in the Commission of Delinquent Acts
determine whether to dismiss the case in accordance with by Their Children or Wards. - A person whether the
the next preceding article or to pronounce the judgment of parent or guardian of the child or not, who knowingly or
conviction. wilfully,
In any case covered by this article, the youthful 1. Aids, causes, abets or connives with the
offender shall be credited in the service of his sentence with commission by a child of a delinquency, or
the full time spent in actual commitment and detention 2. Does any act producing, promoting, or
effected under the provisions of this Chapter. contributing to a child's being or becoming a juvenile
delinquent, shall be punished by a fine not exceeding five
Article 198. Effect of Release of Child Based hundred pesos or to imprisonment for a period not
on Good Conduct. - The final release of a child pursuant to exceeding two years, or both such fine and imprisonment, at
the provisions of this Chapter shall not obliterate his civil the discretion of the court.
liability for damages. Such release shall be without prejudice
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duly licensed child-placement or child-caring agency or (i) Hearing. The court shall direct the person or
individual. agency which has custody of the child to bring the latter
(b) Venue. The petition shall be filed with the to the court on the date of the hearing of the petition
Family Court of the province or city in which the parent and shall ascertain the facts and determine whether the
or guardian resides or where the child is found. child is dependent, abandoned, or neglected, and if so,
(c) Contents of Verified Petition. The petition the cause and circumstances of such condition.
must state: (j) Judgment. If, after the hearing, the court
(1) The names of the parents or guardian shall find the child to be dependent, abandoned, or
and their place of residence. If the child's parents neglected, it shall render judgment committing him to
are unknown, petitioner must allege that diligent the care and custody of the Department or any duly
efforts have been exerted to locate them. If said licensed child-placement or child-caring agency or
parents are deceased, petitioner shall attach a individual until he reaches the age of eighteen (18). The
certified true copy of their death certificate; judgment shall likewise make proper provisions for the
(2) The facts showing that the child is custody of the property or money belonging to the
dependent, abandoned, or neglected; committed child.
(3) The facts showing who has custody of If the child is committed to the Department, it shall
the child at the time of the filing of the petition; and notify the court within thirty (30) days from the order of
(4) The name, address and written commitment, the name and address of the duly licensed
consent of the Department or duly licensed child- and accredited child-placement or child-caring agency or
placement or child-caring agency or individual to individual where the child shall be placed.
whose care the commitment of the child is sought However, if the court finds that the abandonment or
to be entrusted. neglect of the child may be remedied, the child may be
(d) Summons; Court to Set Time for Hearing. If allowed to stay in his own home under the care and
the court is satisfied that the petition is sufficient in form control of his parents or guardian, subject to supervision
and substance, it shall direct the clerk of court to and direction of the Department.
immediately issue summons which shall be served (k) Visitation or Inspection. Any duly licensed
together with a copy of the petition and a notice of child-placement or child-caring agency or individual to
hearing, upon the parents or guardian of the child and whom a child has been committed by the court shall be
the office of the public prosecutor not less than five (5) subject to visitation or inspection by a representative of
days before the date of the hearing. The office of the the court or of the Department, as the case may be or of
public prosecutor shall be directed to immediately both, to determine whether the welfare and interests of
transmit the summons to the prosecutor assigned to the the child are being served.
Family Court concerned. (l) Report of Person or Institution. Any duly
If it appears from the petition that both parents of licensed child-placement or child-caring agency or
the child are dead or that neither parent can be found in individual to whom a child has been committed by
the province or city where the court is located and the judicial order may at any time be required by the court
child has no guardian residing therein, summons may to submit a report, containing all necessary information
not be issued and the court shall thereupon appoint a for determining whether the welfare of the child is being
guardian ad litem pursuant to Sub-section (f) below and served.
proceed with the hearing of the case with due notice to (m) Temporary Custody of Child. The duly
the provincial or city prosecutor, licensed child-placement or child-caring agency or
(e) Social Worker. After the court sets the individual to whom a child has been committed may file
petition for hearing in accordance with Sub-section (d) a verified motion with the court which granted the
above, it shall direct the social worker to submit, before petition for involuntary commitment of a child to place
the hearing, a case study report of the child to aid it in him in the care of any suitable person, upon the latter's
evaluating whether said child should be committed to request, for a period not exceeding one month at a time.
the care of the Department or any duly licensed child- The court may order the social worker to submit a case
placement or child-caring agency or individual. The study report to aid it in evaluating whether such
report shall bear the signature of the social worker on temporary custody shall be for the best interests of the
every page. child. The period of temporary custody of the child may
(f) Guardian Ad Litem of Child. If neither of the be extended by the court for a period not exceeding one
parents nor the guardian of the child can be located or month at a time upon motion of the duly licensed child-
does not appear in court despite due notice, or if the placement or child-caring agency or individual to which
court finds them incompetent to protect the best the child has been committed.
interests of the child, it shall be the duty of the court to The court, motu proprio, or upon request of the
appoint a suitable person as guardian ad litem to child assisted by his guardian ad litem, or at the
represent the child. In making the appointment, the instance of the agency or person to whom the child was
court shall consider the background of the guardian ad committed, after due notice and hearing, shall
litem and his familiarity with the judicial process, social discontinue the temporary custody of the child if it
service programs and child development. A member of appears that he is not being given proper care.
the Philippine Bar may be appointed guardian ad litem. After one month from the date temporary custody
(g) Child's Right to Counsel. The court, upon of the child was given to another suitable person, the
request of the child capable of forming his own views or agency or individual shall submit to the court a verified
upon request of his guardian ad litem, shall appoint a report on whether the temporary custody of the child
lawyer to represent him in the proceedings. has promoted his best interests.
(h) Duty of Public Prosecutor. The provincial or (n) Change of Custody. If the child is
city prosecutor shall appear for the State and ascertain committed to the Department, it shall have the authority
if there has been due notice to all parties concerned and to change the custody of a child it had placed with any
that there is justification for the declaration of duly licensed child-placement or child-caring agency or
dependency, abandonment or neglect. individual if it appears that such change is for the best
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interests of the child. The Department shall notify the person or institution to which he has been judicially
court of any change in custody of the child. committed or the person under whose custody he has
When conflicting interests arise among child- been judicially committed in accordance with Subsection
placement or child-caring agencies, the court which (m) of Section 4 of this Rule. It shall likewise have
granted the involuntary commitment of the child, upon jurisdiction over the person who induced the child to
motion of the Department or any of the agencies leave such person or institution, except in case of actual
concerned, shall order the change of commitment of the or imminent grave physical or moral danger to the child.
child. The Family Court which granted the involuntary
(o) Removal of Custody. A motion to remove commitment shall also have jurisdiction over the
custody of a child may be filed by an authorized prosecution of parents or guardians of the child who
representative of the Department with knowledge of the may be held liable under Articles 59 and 60 of P.D. No.
facts against a child-placement or child-caring agency or 603 and Sections 9, 10 and 31 of R.A. No. 7610.
individual to whose custody a child has been committed
by the court on the ground of neglect of such child as SECTION 5. Voluntary Commitment
defined in Section 3 (e) of this Rule. The court shall set of a Child to an Institution or Individual. The
the motion for hearing with notice to the public parent or guardian of a dependent, abandoned or
prosecutor and the court-designated social worker. If neglected child may voluntarily commit him to the
the court finds after hearing that the allegations of the Department or any duly licensed child-placement or
motion have been established and that it is for the best child-caring agency or individual subject to the rules of
interests and welfare of the child, the court shall issue the Department. However, no child shall be committed
an order removing him from the custody of the person unless he is surrendered in writing by his parents or
or agency, as the case may be, and committing him to guardian stating such voluntary commitment and
the custody of another duly licensed child-placement or specifically naming the office, agency, or individual to
child-caring agency or individual. whose custody the child is to be committed. Such
In the same proceeding, the court may suspend or written instrument should be notarized and signed in the
revoke the license of the agency or individual found presence of an authorized representative of the
guilty of such neglect depending upon the gravity or Department after counseling and other services have
frequency of the offense. been made available to encourage the child's parents to
(p) Restoration of Parental Authority After keep the child.
Involuntary Commitment. (a) Petition for removal of Custody.
(i) Who may file; Ground. The parents (i) Who may file; Ground. The parents
or guardian of a child committed to the care of a or guardian who voluntarily committed the child, or
person, agency or institution by judicial order in their absence or failure, any person with
may file a verified motion for the restoration of knowledge of the facts, may file a verified petition
his rights over the child with the court which to remove custody of the child against the child-
granted the involuntary commitment on the placement or child-caring agency or individual to
ground that he is now able to take proper care whose custody the child has been voluntarily
and custody of said child, provided, however, committed on the ground of neglect of such child as
that the child has not yet been adopted. defined in Section 3 (e) of this Rule. A child may
HDATSI also be removed from the custody of the child-
(ii) Notice of Hearing. The court shall placement or child-caring agency or individual on
fix the time and date for the hearing of the the ground that the voluntary commitment of the
motion, which shall not be earlier than thirty (30) child was unjustified.
days nor later than sixty (60) days from the date (ii) Venue. The petition shall be filed
of the filing of said motion and cause notice of with the Family Court of the province or city where
the hearing to be sent to the person, agency or the child-placement or child-caring agency to which
institution to which the child has been the child has been voluntarily committed is located
committed, the public prosecutor and the court- or where the child may be found.
designated social worker, at least five (5) days (iii) Contents of Verified Petition The
before the date of hearing. petition must state:
(iii) Hearing. At the hearing, any (1) The name and address of the child-
person may be allowed to intervene at the placement or child-caring agency or individual
discretion of the court to contest the right to the to whose custody the child has been voluntarily
relief demanded. Witnesses may be called and committed; SEIDAC
examined by the parties or by the court motu (2) The facts showing that the child has
proprio. been neglected by the agency or in cases
(iv) Resolution. If it is found that the where the voluntary commitment was
cause for the commitment of the child no longer unjustified, that the parents of the child are
exists and that the movant is already able to take actually capable of taking care and custody of
proper care and custody of the child, the court, the child;
after taking into consideration the best interests (3) The name, address and written
and the welfare of the child, shall issue a consent of the duly licensed child-placement or
resolution terminating the parental authority of child-caring agency or individual to whose care
the person, agency or institution to whom the the child may be transferred.
child was committed by judicial order and (4) The facts showing that petitioner has
restoring parental authority to the movant. exhausted the administrative remedies
q) Jurisdiction for Prosecution of Punishable Acts. available to him.
The Family Court which granted the involuntary (iv) Notice of Hearing. If the petition is
commitment shall have jurisdiction over the prosecution sufficient in form and substance, the court shall set
of a child who left without prior permission from the the same for hearing with notice to the
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Department, the public prosecutor, the court- with cerebral palsy or with similar afflictions and
designated social worker, the agency or individual needs institutional care; IADCES
to whom the child has been committed and in (2) The name of the parents and their
appropriate cases, the parents of the child. residence, if known, or if the child has no living
(v) Judgment. If after hearing the parent, the name and residence of the guardian, if
court finds that the allegations of the petition have any; and
been established and that it is for the best interests (3) The fact that the parents or guardian
and welfare of the child, it shall issue an order or any duly licensed disabled child-placement or
removing the child from the custody of the person child-caring agency, as the case may be, has
or agency concerned, and committing him to the opposed the commitment of such child;
custody of another duly licensed child-placement or (4) The name and written conformity of
child-caring agency or individual. the institution where the child is to be committed.
The court, in the same proceeding may, after (5) An estimate of the costs and other
hearing the comment or recommendation of the expenses of maintaining the child in the institution.
Department, suspend or revoke the license of the The verified petition shall be sufficient if based
agency or individual found guilty of such neglect upon the personal knowledge of the petitioner.
depending upon the gravity or frequency of the offense. (d) Order of Hearing; Notice. If the petition filed
(b) Restoration of Parental Authority After is sufficient in form and substance, the court, by an
Voluntary Commitment. The restoration of rights of order reciting the purpose of the petition, shall fix the
the parent or guardian over the child who has been date of the hearing thereof, and a copy of such order
voluntarily committed shall be governed by the rules of shall be served on the child alleged to be mentally
the Department, provided, however, that the petition for retarded, physically handicapped, emotionally disturbed,
restoration is filed within six (6) months from the date of mentally ill, with cerebral palsy or with similar afflictions
voluntary commitment. In case the Department refuses and on the person having charge of him or any of his
to grant legal custody and parental authority to the relatives residing in the province or city as the court
parent or guardian over the child who has been may deem proper.
voluntarily committed to an agency or individual, the The order shall also direct the sheriff or any other
parent or guardian may file a petition in court for officer of the court to produce, if necessary, the alleged
restoration of parental authority in accordance with disabled child on the date of the hearing.
Section 4 (p) of this Rule. (e) Hearing and Judgment. If the court finds
(c) Jurisdiction for Prosecution of Punishable Acts. that the allegations of the petition have been established
The Family Court of the place where the child may be and that institutional care of the child is for his best
found or where the duly licensed child-placement or interests or the public welfare and that his parents, or
child-caring agency or individual is located shall have guardian or relatives are unable for any reason
jurisdiction over the prosecution of a child who left whatsoever to take proper care of him, the court shall
without prior permission from the person or institution order his commitment to the proper institution for
to which he has been voluntarily committed. It shall disabled children. The court shall likewise make proper
likewise have jurisdiction over the person who induced provisions for the custody of the property or money
the child to leave such person or institution, except in belonging to the committed child.
case of grave actual or imminent physical or moral The expense of maintaining a disabled child in the
danger, to the child. The same Family Court shall also institution to which he has been committed shall be
have jurisdiction over the prosecution of parents or borne primarily by the parents or guardian and
guardians of the child who may be held liable under secondarily, by such disabled child, if he has property of
Articles 59 and 60 of P.D. No. 603 and Sections 9, 10 his own.
and 31 of R.A. No. 7610. In all cases where the expenses for the
maintenance of the disabled child cannot be paid in
SECTION 6. Petition for Commitment accordance with the immediately preceding paragraph,
of a Disabled Child. the Department shall bear the expenses or such part
(a) Who may file. Where a child appears to be thereof as may remain unpaid.
mentally retarded, physically handicapped, emotionally The court shall furnish the institution to which the
disturbed, mentally ill, with cerebral palsy or with similar child has been committed with a copy of its judgment,
afflictions and needs institutional care but his parents or together with all the reports and other data pertinent to
guardians are opposed thereto, the Department, or any the case.
duly licensed child-placement or child-caring agency or (f) Discharge of Judicially Committed Disabled
individual may file a verified petition for commitment of Child. Upon motion of the parent, guardian or
the said child to any reputable institution providing care, institution to which the child has been judicially
training and rehabilitation for disabled children. committed under this rule, the court, after hearing, shall
The parents or guardian of the child may file a order the discharge of such child if it is established and
similar petition in case no immediate placement can be certified by the Department that:
arranged for the disabled child when his welfare and (1) He is no longer a danger to himself
interests are at stake. AEHTIC and the community;
(b) Venue. The petition for commitment of a (2) He has been sufficiently rehabilitated,
disabled child shall be filed with the Family Court of the from his physical handicap or if of working age, is
place where the parent or guardian resides or where the already fit to engage in gainful occupation; or
child is found. (3) He has been sufficiently relieved of
(c) Contents of Verified Petition. The petition for his psychological, mental and emotional problems
commitment must state the following: and is ready to assume normal social relations.
(1) The facts showing that the child
appears to be mentally retarded, physically SECTION 7. Effectivity. This rule
handicapped, emotionally disturbed, mentally ill, shall take effect on April 15, 2002 after its publication in
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a newspaper of general circulation not later than March interests of the child in conformity with Philippine laws
15, 2002. and the United Nations' Convention on the Rights of the
Child.
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permitted to remain in his home after conviction and (a) Identify himself and present proper
sentence. The juvenile is subject to conditions imposed identification to the juvenile;
in the sentence and to supervision by the court and a (b) Inform the juvenile of the reason for such
probation officer who has the duty to return the juvenile custody and advise him of his constitutional rights in a
to the court in case of violation of a condition of his language or dialect understood by him;
probation. (c) Refrain from using vulgar or profane words and
(k) Suspended sentence is the holding in abeyance from sexually harassing or abusing, or making sexual
of the service of the sentence imposed by the court advances on the juvenile;
upon a finding of guilt of the juvenile in conflict with the (d) Avoid displaying or using any firearm, weapon,
law who will undergo rehabilitation. handcuffs or other instruments of force or restraint,
(l) Community continuum is a community-based unless absolutely necessary and only after all other
group therapy process that provides continuous methods of control have been exhausted and have
guidance and support to the juvenile in conflict with the failed;
law upon his release from rehabilitation and his (e) Refrain from subjecting the juvenile to greater
reintegration into society. restraint than is necessary for his apprehension;
(m) Age of criminal responsibility is the age when a (f) Avoid violence or unnecessary force;
juvenile who is nine (9) years or over but under fifteen (g) Notify the parents of the juvenile or his nearest
(15) years commits an offense with discernment. relative or guardian, if any, and the local social welfare
(n) Discernment means the mental capacity to officer as soon as the apprehension is made;
understand the difference between right and wrong and (h) Take the juvenile immediately to an available
its consequences. government medical or health officer for a physical and
(o) Restorative Justice is a principle which requires mental examination. The examination results shall be
a process of resolving conflicts with the maximum kept confidential unless otherwise ordered by the Family
involvement of the victim, the offender, and the Court. Whenever treatment for any physical or mental
community. It seeks to obtain reparation for the victim, defect is necessary, steps shall be immediately taken by
reconciliation of the offender, the offended and the the said officer to provide the juvenile with the
community and reassurance to the offender that he can necessary and proper treatment; and
be reintegrated into society. It. also enhances public (i) Hold the juvenile in secure quarters separate
safety by activating the offender, the victim and the from that of the opposite sex and adult offenders.
community in prevention strategies.
(p) Initial contact is the apprehension or taking SECTION 7. Taking Custody of a
into custody of a juvenile in conflict with the law by law Juvenile Without a Warrant. A peace officer or a
enforcement officers or private citizens. It includes the private person taking into custody a juvenile in conflict
time when the juvenile receives a subpoena under with the law without a warrant shall likewise follow the
Section 3 (b) of Rule 112 of the Revised Rules of provisions of Sections 5, 8 and 9 of Rule 113 of the
Criminal Procedure or summons under Section 6 (a) or Revised Rules of Criminal Procedure and shall forthwith
Sec. 9 (b) of the same Rule in cases that do not require deliver him to the nearest police station. The juvenile
preliminary investigation or where there is no necessity shall be proceeded against in accordance with Section 7
to place the juvenile under immediate custody. of Rule 112.
(q) Corporal punishment is any kind of physical
punishment inflicted on the body as distinguished from SECTION 8. Conduct of Initial
pecuniary punishment or fine. Investigation by the Police. The police officer
conducting the initial investigation of a juvenile in
SECTION 5. Exemption from Criminal conflict with the law shall do so in the presence of either
Liability. A minor under nine (9) years of age at the of the parents of the juvenile; in the absence of both
time of the commission of the offense shall be exempt parents, the guardian or the nearest relative, or a social
from criminal liability. welfare officer, and the counsel of his own choice. In
A minor nine (9) years and above but under fifteen their presence, the juvenile shall be informed of his
(15) years of age at the time of the commission of the constitutional rights during custodial investigation.
offense shall be committed to the care of his father or The right of the juvenile to privacy shall be
mother, or nearest relative or family friend; in the sound protected at all times. All measures necessary to
discretion of the court and subject to its supervision. promote this right shall be taken, including the exclusion
However, if the prosecution proves that he has acted of the media.
with discernment; he shall be proceeded against in
accordance with Sections 24 to 28, or 36 to 40 of this SECTION 9. Fingerprinting and
Rule, as the case may be, and subjected to a Photographing of the Juvenile. While under
delinquency prevention program as determined by the investigation, no juvenile in conflict with the law shall be
court. fingerprinted or photographed in a humiliating and
Exemption from criminal liability does not include degrading manner. The following guidelines shall be
exemption from civil liability which shall be enforced in observed when fingerprinting or photographing the
accordance with the provisions of Article 221 of the juvenile:
Family Code in relation to Article 101 of the Revised (a) His fingerprint and photograph files shall be
Penal Code and Rule 111 of the Revised Rules of kept separate from those of adults and shall be kept
Criminal Procedure. confidential. They may be inspected by law enforcement
In case the act or omission of the juvenile involves officers only when necessary for the discharge of their
a quasi-delict, Article 2180 of the Civil Code shall apply. duties and upon prior authority of the Family Court;
TADCSE
SECTION 6. Procedure in Taking a (b) His fingerprints and photographs shall be
Juvenile into Custody. Any person taking into removed from the files and destroyed: (1) if the case
custody a juvenile in conflict with the law shall: against him is not filed, or is dismissed; or (2) when the
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juvenile reaches twenty one (21) years of age and there responsible for the juveniles' appearance in court
is no record that he committed an offense after reaching whenever required.
eighteen (18) years of age.
SECTION 16. When Bail a Matter of
SECTION 10. Intake Report by the Right. All juveniles in conflict with the law shall be
Social Welfare Officer. Upon the taking into admitted to bail as a matter of right before final
custody of a juvenile in conflict with the law, the social conviction of an offense not punishable by death,
welfare officer assigned to him by the DSWD shall reclusion perpetua or life imprisonment.
immediately under take a preliminary background In the event the juvenile cannot post bail for lack of
investigation of the juvenile and submit, prior to financial resources, the Family Court shall commit the
arraignment of the juvenile, a report on his findings to juvenile pursuant to Section 18 of this Rule.
the Family Court in which the case may be filed. However, where the juvenile does not pose a threat
to public safety, the Family Court may, motu proprio or
SECTION 11. Filing of Criminal Action. upon motion and recommendation of the DSWD, release
A criminal action may be instituted against a juvenile the juvenile on recognizance to the custody of his
in conflict with the law by filing a complaint with the parents or other responsible person.
prosecutor or the municipal trial court in cases where a
preliminary investigation is required. In Manila and other SECTION 17. When Bail Not A Matter
chartered cities, if their charters so provide, the of Right. No juvenile charged with an offense
complaint shall be filed with the Office of the Prosecutor. punishable by death, reclusion perpetua or life
It may also be filed directly with the Family Court if no imprisonment shall be admitted to bail when evidence of
preliminary investigation is required under Section 1 of guilt is strong.
Rule 112 of the Revised Rules of Criminal Procedure.
All criminal actions commenced by complaint or SECTION 18. Care of Juveniles in
information shall be prosecuted under the direction and Conflict with the Law. The juvenile charged with
control of the public prosecutor assigned to the Family having committed a delinquent act, held for trial or while
Court. the case is pending appeal, if unable to furnish bail or is
denied bail, shall, from the time of his being taken into
SECTION 12. Prosecution of Civil custody, be committed by the Family Court to the care
Action. When a criminal action is instituted against a of the DSWD, a youth detention center, or a local
juvenile in conflict with the law, the action for recovery rehabilitation center recognized by the government in
of civil liability arising from the offense charged shall be the province, city or municipality within the jurisdiction
governed by Rule 111 of the Revised Rules of Criminal of the said court. The center or agency concerned shall
Procedure. be responsible for the juvenile's appearance in court
whenever required. In the absence of any such center or
SECTION 13. Preliminary agency within a reasonable distance from the venue of
Investigation. As far as consistent with this Rule, the trial, the juvenile shall be detained in the provincial,
the preliminary investigation of a juvenile in conflict with city or municipal jail which shall provide adequate
the law shall be governed by Section 3 of Rule 112 of quarters for the juvenile separate from adult detainees
the Revised Rules of Criminal Procedure. If clarificatory and detainees of the opposite sex.
questions become necessary, the Rule on Examination of
a Child Witness shall apply. SECTION 19. Case Study Report.
If a preliminary investigation is required before the After the institution of the criminal action, the social
filing of a complaint or information, the same shall be worker of the Family Court shall immediately undertake
conducted by the judge of the Municipal Trial Court or a case study of the juvenile and his family, his
the public prosecutor in accordance with the pertinent environment and such other matters relevant to the
provisions of Rule 112 of the Revised Rules of Criminal proper disposition of the case. His report shall be
Procedure. submitted within the period fixed by the Family Court,
If the investigating prosecutor finds probable cause preferably before arraignment, to aid it in the proper
to hold the juvenile for trial, he shall prepare the disposition of the case.
corresponding resolution and information for approval by
the provincial or city prosecutor, as the case may be. SECTION 20. Diversion Proceedings
The juvenile, his parents/nearest relative/guardian and Before Arraignment. Where the maximum penalty
his counsel shall be furnished forthwith a copy of the imposed by law for the offense with which the juvenile in
approved resolution. conflict with the law is charged is imprisonment of not
more than six (6) months, regardless of fine or fine
SECTION 14. Venue. Subject to the alone regardless of amount, and the corresponding
provisions of Section 15, Rule 110 of the Revised Rules complaint or information is filed with the Family Court,
of Criminal Procedure, any criminal or civil action the case shall not be set for arraignment; instead, it
involving a juvenile in conflict with the law shall be shall forthwith be referred to the Diversion Committee
instituted and tried in the Family Court of or nearest the which shall determine whether the juvenile can be
place where the offense was committed or where any of diverted and referred to alternative measures or
its essential elements occurred. services offered by non-court institutions. Pending
determination by the Committee, the court shall deliver
SECTION 15. Recognizance. Before the juvenile on recognizance to the custody of his
final conviction, all juveniles charged with offenses parents or legal guardian who shall be responsible for
falling under the Revised Rule on Summary Procedure the presence of the juvenile during the diversion
shall be released on recognizance to the custody of their proceedings.
parents or other suitable person who shall be
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SECTION 21. Diversion Committee. approved by the Family Court. The program, which shall
In each Family Court, there shall be a Diversion be enforced under the supervision and control of the
Committee to be composed of its branch clerk of court Family Court, shall contain the following terms and
as chairperson, and the prosecutor, a lawyer of the conditions:
Public Attorney's Office and the social worker assigned a) The juvenile shall present himself to the social
to the said Family Court as members. worker of the Family Court that approved the diversion
The chairperson of the Committee shall call for a program at least once a month for evaluation of its
conference with notice to the juvenile, his parents/legal effectiveness. Whenever the juvenile is permitted to
guardian and his counsel, and the private complainant reside in a place under the jurisdiction of another Family
and his counsel, and recommend to the Family Court Court, control and supervision over him shall be
whether the juvenile should be diverted to a diversion transferred to the Family Court of that place, and in
program or undergo formal court proceedings. In such case, a copy of the undertaking, the intake and
making its recommendation, the Committee shall case study reports and other pertinent records shall be
consider the following factors: furnished the said court. Thereafter, the Family Court to
a) The record of the juvenile on his conflict with which jurisdiction over the juvenile is transferred shall
the law; have the power with respect to the latter that was
b) Whether the imposable maximum penalty of previously possessed by the Family Court that approved
the offense is more than six (6) months, regardless of the diversion and such other conditions as the
fine; or only a fine, regardless of amount; Committee may deem just and proper under the
c) Whether the juvenile is an obvious threat to circumstances.
himself and/or the community; b) The juvenile shall faithfully comply with the
d) Whether the juvenile is unrepentant; terms and conditions in the undertaking. His non-
e) Whether the juvenile or his parents are compliance shall be referred by the Committee to the
indifferent or hostile; and Family Court where the case has been transferred for a
Whether the juvenile's relationships with his peers show-cause hearing with notice to the juvenile and
increase the possibility of delinquent behavior. private complainant. The court shall determine whether
If the Committee recommends diversion, it shall the juvenile should continue with the diversion program
submit the diversion program for the juvenile for the or his case returned to the original court for formal
consideration and approval of the court. proceedings.
The Committee cannot recommend diversion should The Family Court shall exert its best efforts to
the juvenile or the private complainant object thereto. If secure satisfaction of the civil liability of the juvenile and
no diversion program is recommended, the court shall his parents or guardian. However, inability to pay the
include the case in its calendar for formal proceedings. said liability shall not by itself be a ground to discontinue
Consent to diversion by the juvenile or payment by the diversion program of the juvenile.
him of civil indemnity shall not in any way be construed
as admission of guilt and used as evidence against him SECTION 25. Closure Order. The
in the event that his case is included in the court juvenile subject of diversion proceedings shall be visited
calendar for formal proceedings. periodically by the Family Court social worker who shall
submit to the Committee his reports thereon. At any
SECTION 22. Diversion Programs. time before or at the end of the diversion period, a
The diversion program designed by the Committee shall report recommending closure or extension of diversion,
be distinct to each juvenile in conflict with the law as the case may be, shall be filed by the Committee with
limited for a specific period. It may include any or a the Family Court. The report and recommendation shall
combination of the following: be heard by the Family Court within fifteen (15) days
a) Written or oral reprimand or citation; from its receipt thereof, with notice to the members of
b) Return of property; the Committee, the juvenile and his parents or legal
c) Payment of the damage caused; guardian and counsel and the complainant to determine
d) Written or oral apology; whether the undertaking has been fully and satisfactorily
e) Guidance and supervision orders; complied with. If the juvenile has complied with his
f) Counseling for the juvenile and his family; undertaking, the Family Court shall issue the
g) Training, seminars and lectures on (i) anger corresponding closure order terminating the diversion
management skills; (ii) problem-solving and/or conflict program. It may, however, extend the period of
resolution skills; (iii) values formation; and (iv) other diversion to give the juvenile a further chance to be
skills that will aid the juvenile to properly deal with rehabilitated. In the event the court finds that the
situations that can lead to a repetition of the offense; diversion program will no longer serve its. purpose, it
h) Participation in available community-based shall include the case of the juvenile in its calendar for
programs; formal proceedings.
i) Institutional care and custody; or j) Work-
detail program in the community. SECTION 26. Duty of the Family Court
to Protect the Rights of the Juvenile. In all
SECTION 23. Hearing of Diversion criminal proceedings in the Family Court, the judge shall
Program. The Family Court shall set the ensure the protection of the following rights of the
recommendation and diversion program for hearing juvenile in conflict with the law:
within ten (10) days from receipt thereof. a) To be presumed innocent until the contrary is
proved beyond reasonable doubt;
SECTION 24. Undertaking. In all b) To be informed promptly and directly of the
cases where a juvenile in conflict with the law is given nature and cause of the charge against him, and if
the benefit of a diversion program, an undertaking appropriate, through his parents or legal guardian;
describing the program shall be signed by him, his c) To be present at every stage of the
parents or legal guardian and the complainant, and proceedings, from arraignment to promulgation of
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judgment. The juvenile may, however, waive his interests of the juvenile and in an environment that will
presence at the trial pursuant to the stipulations set allow him to participate fully and freely in accordance
forth in his bail, unless his presence at the trial is with the Rule on Examination of a Child Witness.
specifically ordered by the court for purposes of
identification. The absence of the juvenile without SECTION 30. Guiding Principles in
justifiable cause at the trial of which he had notice shall Judging the Juvenile. Subject to the provisions of
be considered a waiver of his right to be present the Revised Penal Code, as amended, and other special
thereat. When the juvenile under custody escapes, he laws, the judgment against a juvenile in conflict with the
shall be deemed to have waived his right to be present law shall be guided by the following principles:
in all subsequent hearings until custody over him is 1. It shall be in proportion to the gravity of the
regained; offense, and shall consider the circumstances and the
d) To have legal and other appropriate assistance best interests of the juvenile, the rights of the victim,
in the preparation and presentation of his defense; the needs of society in line with the demands of
e) To testify as a witness in his own behalf and restorative justice.
subject to cross-examination only on matters covered by 2. Restrictions on the personal liberty of the
direct examination, provided that the Rule on the juvenile shall be limited to the minimum. Where
Examination of a Child Witness shall be observed discretion is given by law to the judge to determine
whenever convenient and practicable. whether the penalty to be imposed is fine or
The juvenile shall not be compelled to be a witness imprisonment, the imposition of the latter should be
against himself and his silence shall not in any manner preferred as the more appropriate penalty.
prejudice him; 3. No corporal punishment shall be imposed.
f) To confront and cross-examine the witnesses
against him; SECTION 31. Promulgation of
g) To have compulsory process issued to secure Sentence. If after trial the Family Court should find
the attendance of witnesses and production of other the juvenile in conflict with the law guilty, it shall impose
evidence in his behalf; the proper penalty, including any civil liability which the
h) To have speedy and impartial trial, with legal juvenile may have incurred, and promulgate the
or other appropriate assistance and preferably in the sentence in accordance with Section 6, Rule 120 of the
presence of his parents or legal guardian, unless such Revised Rules of Criminal Procedure.
presence is considered not to be in the best interests of
the juvenile taking into account his age or other peculiar SECTION 32. Automatic Suspension of
circumstances; Sentence and Disposition Orders. The sentence
(i) To appeal in all cases allowed and in the shall be suspended without need of application by the
manner prescribed by law; juvenile in conflict with the law. The court shall set the
j) To be accorded all the rights under the Rule on case for disposition conference within fifteen (15) days
Examination of a Child Witness; and from the promulgation of sentence which shall be
k) To have his privacy fully respected in all stages attended by the social worker of the Family Court, the
of the proceedings. juvenile, and his parents or guardian ad litem. It shall
proceed to issue any or a combination of the following
SECTION 27. Arraignment and Plea. disposition measures best suited to the rehabilitation
The provisions of Rules 116 and 117 of the Revised and welfare of the juvenile:
Rules of Criminal Procedure shall apply to the 1. Care, guidance, and supervision orders;
arraignment of the juvenile in conflict with the law. The 2. Community service orders;
arraignment shall be scheduled within seven (7) days 3. Drug and alcohol treatment;
from the date of the filing of the complaint or 4. Participation in group counseling and similar
information with the Family Court, unless a shorter activities;
period is provided for by law. 5. Commitment to the Youth Rehabilitation Center
Arraignment shall be held in chambers and conducted by of the DSWD or other centers for juveniles in conflict
the judge by furnishing the juvenile a copy of the with the law authorized by the Secretary of the DSWD.
complaint or information, reading the same in a The Social Services and Counseling Division (SSCD)
language or dialect known to and understood by him, of the DSWD shall monitor the compliance by the
explaining the nature and consequences of a plea of juvenile in conflict with the law with the disposition
guilty or not guilty and asking him what his plea is. measure and shall submit regularly to the Family Court
a status and progress report on the matter. The Family
SECTION 28. Pre-trial. The provisions Court may set a conference for the evaluation of such
of Rule 118 of the Revised Rules of Criminal Procedure report in the presence, if practicable, of the juvenile, his
shall govern the pre-trial of the juvenile in conflict with parents or guardian, and other persons whose presence
the law. Agreements or admissions made during the pre may be deemed necessary.
trial conference shall be in writing and signed by the The benefits of suspended sentence shall not apply
juvenile, his parents or guardian and his counsel; to a juvenile in conflict with the law who has once
otherwise, they cannot be used against him. enjoyed suspension of sentence, or to one who is
Whenever possible and practicable, the Family convicted of an offense punishable by death, reclusion
Court shall explore all possibilities of settlement of the perpetua or life imprisonment, or when at the time of
case, except its criminal aspect. Plea bargaining shall be promulgation of judgment the juvenile is already
resorted to only as a last measure when it will serve the eighteen (18) years of age or over.
best interests of the juvenile and the demands of
restorative justice. SECTION 33. Discharge of Juvenile
Subject of Disposition Measure. Upon the
SECTION 29. Trial. All hearings shall recommendation of the SSCD and a duly authorized
be conducted in a manner conducive to the best officer of the DSWD, the head of an appropriate center
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or the duly accredited child-caring agency which has Any form of physical restraint imposed on the
custody over the juvenile, the Family Court shall, after juvenile in conflict with the law, including community
due notice to all parties and hearing, dismiss the case service and commitment to a rehabilitation center, shall
against the juvenile who has been issued disposition be considered preventive imprisonment.
measures, even before he has reached eighteen (18)
years of age, and order a final discharge if it finds that SECTION 36. Confidentiality of
the juvenile has behaved properly and has shown the Proceedings and Records. All proceedings and
capability to be a useful member of the community. records involving juveniles in conflict with the law from
If the Family Court, however, finds that the juvenile initial contact until final disposition of the case by the
has not behaved properly, has been incorrigible, has not Family Court shall be considered privileged and
shown the capability of becoming a useful member of confidential. The public may be excluded from the
society, has willfully failed to comply with the conditions proceedings and, pursuant to the provisions of Section
of his disposition or rehabilitation program, or should his 31 of the Rule on Examination of a Child Witness, the
continued stay in the training institution where he has records shall not be disclosed directly or indirectly to
been assigned be not in his best interests, he shall be anyone by any of the parties or the participants in the
brought before the court for execution of his judgment. proceedings for any purpose whatsoever, except to
If the juvenile in conflict with the law has reached determine if the juvenile may have his sentence
the age of eighteen (18) years while in commitment, the suspended under Section 25 of this Rule or if he may be
Family Court shall determine whether to dismiss the granted probation under the Probation Law, or to
case in accordance with the first paragraph of this enforce the civil liability imposed in the criminal action.
Section or to execute the judgment of conviction. In the The Family Court shall take other measures to
latter case, unless the juvenile has already availed of protect this confidentiality of proceedings including non-
probation under Presidential Decree No. 603 or other disclosure of records to the media, the maintenance of a
similar laws, he may apply for probation if qualified separate police blotter for cases involving juveniles in
under the provisions of the Probation Law. conflict with the law and the adoption of a system of
The final release of the juvenile shall not extinguish coding to conceal material information, which will lead to
his civil liability. The parents and other persons the juvenile's identity. Records of juveniles in conflict
exercising parental authority over the juvenile shall be with the law shall not be used in subsequent
civilly liable for the injuries and damages caused by the proceedings or cases involving the same offender as an
acts or omissions of the juvenile living in their company adult.
and under their parental authority subject to the
appropriate defenses provided by law. SECTION 37. Non-liability for perjury or
concealment or misrepresentation. Any person
SECTION 34. Probation as an who has been in conflict with the law as a juvenile shall
Alternative to Imprisonment. After promulgation not be held guilty of perjury or of concealment or
of sentence and upon application at any time by the misrepresentation by reason of his failure to
juvenile in conflict with the law within the period to acknowledge the case or recite any fact related thereto
appeal, the Family Court may place the juvenile on in response to any inquiry made to him for any purpose.
probation, if he is qualified under the Probation Law.
SECTION 38. Sealing of Records.
SECTION 35. Credit in Service of The Family Court motu proprio, or on application of a
Sentence. The juvenile in conflict with the law who person who has been adjudged a juvenile in conflict with
has undergone preventive imprisonment shall be the law, or if still a minor, on motion of his parents or
credited in the service of his sentence consisting of legal guardian, shall, upon notice to the prosecution and
deprivation of liberty, with the full time during which he after hearing, order the sealing of the records of the
has undergone preventive imprisonment, if he agrees case if it finds that two (2) years have elapsed since the
voluntarily in writing to abide by the same or similar final discharge of the juvenile after suspension of
disciplinary rules imposed upon convicted prisoners, sentence or probation, or from the date of the closure
except in any of the following cases: order and he has no pending case of an offense or a
1. When the juvenile is a recidivist or has been crime involving moral turpitude.
convicted previously twice or more times of any crime; Upon entry of the order, the case shall be treated
or as if it never occurred. All index references shall be
2. When upon being summoned for execution of deleted and in case of inquiry, the Family Court,
sentence, he failed to surrender voluntarily. prosecution, law enforcement officers and all other
If the juvenile does not agree to abide by the same offices and agencies that dealt with the case shall reply
disciplinary rules imposed upon convicted prisoners, he that no record exists with respect to the juvenile
shall be credited in the service of his sentence with four- concerned. Copies of the order shall be sent to these
fifths of the time during which he has undergone officials and agencies named in the order. Inspection of
preventive imprisonment. the sealed records thereafter may be permitted only by
Whenever the juvenile has undergone preventive order of the Family Court upon petition. of the juvenile
imprisonment for a period equal to or more than the who is the subject of the records or of other proper
possible maximum imprisonment of the offense charged parties.
to which he may be sentenced and his case is not yet This procedure shall be without prejudice to the rule
terminated, he shall be released immediately without on destruction of video or audio tapes under Section 31
prejudice to the continuation of the trial thereof or the of the Rule on the Examination of a Child Witness.
proceeding on appeal, if the same is under review. In
case the maximum penalty to which the juvenile may be SECTION 39. Prohibition Against
sentenced is destierro, he shall be released after thirty Labeling. In the conduct of proceedings from initial
(30) days of preventive imprisonment. contact with the juvenile in conflict with the law to the
final disposition of the case, there shall be no branding
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mere accident; and (4) he had no fault in or intention of bar and then, delivering the weapon to the accused
causing the injury. ordered him to come forward and assist. The accused
struck the captain on the head which caused the latters
Par 5. ANY PERSON WHO ACTS UNDER THE death.
COMPULSION OF AN IRRESISTIBLE FORCE. Held: Before one uses the defense of acting
under uncontrollable fear, it must appear that the threat
ELEMENTS: which caused the fear was an evil greater than or at
1. That the compulsion is by means of least equal to that which he required to commit and that
physical force. it promised an evil of such gravity and imminence that it
2. That the physical force must be might be said that the ordinary man would have
irresistible. succumbed to it. Evidence fails to establish that the
3. That the physical force must come from a threat directed to the accused by the chiefmate, if any,
third person was of such character as to deprive him of all volition
and to make him a mere instrument without will. The
Complete absence of freedom. fear was not insuperable.
Before force can be considered to be an irresistible
one, it must produce such an effect upon the individual U.S. v. Caballeros
that, in spite of all resistance, it reduces him to a mere 4 Phil 350 (1905)
instrument and, as such, incapable of committing a Facts: The defendants have been sentenced as
crime. accessories in the crime of assassination of 4 American
school teachers. The defendants took part in the burial
The irresistible force can never consist in an impulse or of the corpses of the victims.
passion or obfuscation. It must consist of an extraneous Held: The defendant Baculi is exempt from
force coming from a third person. criminal liability because he only assisted in the burial
because he was compelled to do so by the murderers.
A person who acts under the compulsion of an As to defendant Caballeros, there is no proof that he
irresistible force, like one who acts under the impulse of took part in any way in the execution of the crime. His
uncontrollable fear of equal or greater injury is exempt confession cannot be accepted as proof on a trial
from criminal liability because he does not act with because it was not done voluntarily.
freedom.
People v. Fronda
People v. Lising 222 SCRA 71 (1993)
285 SCRA 595 (1998) Facts: Balaan brothers were taken by 7 armed
Facts: Manalili asked Garcia if he could find NPA members accompanied by accused Fronda and
someone who could effect the arrest of Robert Herrera, Padua. The accused are both residents of the same
the suspect on the killing of his brother. Garcia place. The two were convicted of murder. Fronda
introduced Lising and they came up with an agreement. appealed claiming he was merely taken by the armed
Lisings surveillance group was at the Castanos men as a pointer.
residence in the hope of spotting Herrera. The group Held: Records show that appellants
saw a man and a woman (the victims) leave the participation in the commission of the crime consisted
residence and followed them. Alighting from the car, the of: 1) leading the members of the armed group to the
two were accosted. The abduction of the 2 hit the front house where the victims were found, 2) tying the
pages and two guards told the police that their friends victims hands and 3) digging the grave where the
who were employees of Lising informed them that Lising victims were buried. He is not a principal by
killed the 2 victims. Later, the bodies of the 2 were indispensable cooperation but only an accomplice. The
found. Lower court found that since there was an defense of uncontrollable fear cannot be accepted
agreement among Manalili, Garcia and Lising, they were because the fact that the accused was seen being
all co-conspirators of the crime and therefore liable handed by and receiving a hunting knife from one of the
principally. Garcia claimed that he acted under armed men, as well as, his inexplicable failure to report
compulsion of irresistible force. the incident to the authorities for more than 3 years
Held: To be exempt from criminal liability, a negates the existence of uncontrollable fear, such acts
person invoking irresistible force must show that the being indicative of his conscious concurrence with the
force exerted was such that it reduced him to a mere acts of the assailants.
instrument who acted not only without will but against
his will. Garcias participation and presence from the Ty v. People (supra)
time the abduction was hatched up to the killing of the Facts: Ty's mother Chua Lao So Un was
victims is undisputed. Conspiracy has been established. confined at the Manila Doctors' Hospital from October
1990 until June 1992. Being the patient's daughter, Ty
People v. Elicanal signed the "Acknowledgment of Responsibility for
35 Phil 209 (1916) Payment" in the Contract of Admission. Ty's sister, Judy
Facts: The accused was a member of the crew Chua, was also confined at the same hospital. The total
of a lorcha and Guiloresa was the chief mate. The latter hospital bills of the two patients amounted to
mentioned that he was going to kill the captain because P1,075,592.95. Ty executed a promissory note wherein
he was very angry with him and asked him to assist she assumed payment of the obligation in installments.
him. The accused took this statement as a joke and he To assure payment of the obligation, she drew 7
was smiling only when he made the statement. The postdated checks against Metrobank payable to the
following morning, Guillermo assaulted the captain and hospital which were all dishonored by the drawee bank
with the help of the crew (except the accused) seized and returned unpaid to the hospital due to insufficiency
the captain and tied him with a rope. Guillermo then of funds. For her defense, Ty claimed that she issued the
struck the captain at the back of the neck with an iron checks because of an uncontrollable fear of a greater
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injury She averred that she was forced to issue the No civil liability except in There is civil liability
checks to obtain release for her mother who was being no. 4 except no. 4 and 7.
inhumanely and harshly treated by the hospital. She
alleged that her mother has comtemplated suicide if she
would not be discharged from the hospital. Ty was found
guilty by the lower courts of 7 counts of violation of
BP22.
Held: The court sustained the findings of the
lower courts. The evil sought to be avoided is merely Par. 7 ANY PERSON WHO FAILS TO PERFORM AN
expected or anticipated. If the evil sought to be avoided ACT REQUIRED BY LAW, WHEN PREVENTED BY
is merely expected or anticipated or may happen in the SOME LAWFUL OR INSUPERABLE CAUSE.
future, the defense of an uncontrollable fear of a greater
injury is not applicable. Ty could have taken advantage
ELEMENTS:
of an available option to avoid committing a crime. By
1. That an act is required by law to be done;
her own admission, she had the choice to give jewelry or
2. That a person fails to perform such act;
other forms of security instead of postdated checks to
3. That his failure to perform such act was
secure her obligation.
due to some lawful or insuperable cause.
Moreover, for the defense of state of necessity
to be availing, the greater injury feared should not have
U.S. v. Vicentillo
been brought about by the negligence or imprudence,
19 Phil 118 (1911)
more so, the willful inaction of the actor. In this case,
A policeman cannot be held liable for illegal
the issuance of the bounced checks was brought about
detention when after arresting his victims, it took him
by Ty's own failure to pay her mother's hospital bills.
three days to reach the nearest judge. The distance
which required a journey for three days was considered
Par 6. ANY PERSON WHO ACTS UNDER THE to be an insuperable cause.
IMPULSE OF AN UNCONTROLLABLE FEAR OF AN
EQUAL OR GREATER INJURY. People v. Bandian
63 Phil 530 (1936)
ELEMENTS: A woman cannot be held liable for infanticide
1. That the threat which causes the fear is of when she left her newborn child in the bushes without
an evil greater than or at least equal to, being aware that she had given birth at all. Severe
that which he is required to commit; dizziness and extreme debility made it physically
2. That it promises an evil of such gravity impossible for Bandian to take home the child plus the
and imminence that the ordinary man assertion that she didnt know that she had given birth.
would have succumbed to it.
A threat of future injury is not enough. The compulsion CLASSES OF MITIGATING CIRCUMSTANCES
must be of such a character as to leave no opportunity
to the accused for escape or self-defense in equal 1. ORDINARY MITIGATING
combat. - Those mentioned in subsections 1 to 10 of Art.
13.
Speculative, fanciful and remote fear is not
uncontrollable fear. 2. PRIVILEGED MITIGATING
The case of US v. Exaltation is also an example were Art. 68. Penalty to be imposed upon a person
there is real, imminent or reasonable fear. under eighteen years of age. When the offender is
a minor under eighteen years and his case is one
IRRESISTIBLE FORCE UNCONTROLLABLE coming under the provisions of the paragraphs next to
FEAR the last of Article 80 of this Code, the following rules
The offender uses violence The offender employs shall be observed:
or physical force to compel intimidation or threat in 1. Upon a person under fifteen but over nine
another person to commit compelling another to years of age, who is not exempted from liability by
the crime. commit a crime. reason of the court having declared that he acted with
discernment, a discretionary penalty shall be imposed,
JUSTIFYING EXEMPTING but always lower by two degrees at least than that
There is neither a crime There is a crime but no prescribed by law for the crime which he committed.
nor a criminal. criminal. The act is not 2. Upon a person over fifteen and under
justified but the actor is eighteen years of age the penalty next lower than that
not criminally liable.
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prescribed by law shall be imposed, but always in the restricts his means of action, defense, or
proper period. communications with his fellow beings.
9. Such illness of the offender as would
Art. 69. Penalty to be imposed when the crime diminish the exercise of the will-power of the offender
committed is not wholly excusable. A penalty without however depriving him of the consciousness of
lower by one or two degrees than that prescribed by law his acts.
shall be imposed if the deed is not wholly excusable by 10. And, finally, any other circumstances of a
reason of the lack of some of the conditions required to similar nature and analogous to those above mentioned.
justify the same or to exempt from criminal liability in
the several cases mentioned in Article 11 and 12,
provided that the majority of such conditions be present. Par. 1- THOSE MENTIONED IN THE PRECEDING
The courts shall impose the penalty in the period which CHAPTER, WHEN ALL THE REQUISITES NECESSARY
may be deemed proper, in view of the number and TO JUSTIFY OR TO EXEMPT FROM CRIMINAL
nature of the conditions of exemption present or lacking. LIABILITY IN THE RESPECTIVE CASES ARE NOT
ATTENDANT.
Privileged mitigating circumstances which are
applicable only to particular crimes: The circumstances of justification or exemption
1. Art. 268, par. 3. Voluntary release of the which may give place to mitigation, because not all the
person illegally detained within 3 days without the requisites necessary to justify the act or to exempt from
offender attaining his purpose and before the institution criminal liability in the respective cases are attendant,
of criminal action. The penalty is one degree lower. are the ff: (see Article 69)
2. Art. 333, par. 3. Abandonment without 1. Self-defense
justification of the spouse who committed adultery. The 2. Defense of Relatives
penalty is one degree lower. 3. Defense of Strangers
4. State of necessity
5. Performance of duty
ORDINARY MC PRIVILEDGED MC 6. Obedience to order of superior
Susceptible of being offset Cannot be offset by 7. Minority over 15 and under 18 years of
by any aggravating aggravating circumstance age
circumstance 8. Causing injury by mere accident
If not offset by The effect of imposing 9. Uncontrollable fear
aggravating circumstance, upon the offender the
produces the effect of penalty lower by one or INCOMPLETE JUSTIFYING CIRCUMSTANCE
applying the penalty two degrees than that
provided by law for the provided by law for the 1. Incomplete self-defense, defense of
crime in its min period in crime. relatives, defense of stranger
case of divisible penalty
In these 3 classes of defense, UNLAWFUL
NOTE: Mitigating circumstances only reduce the AGGRESSION must always be present. It is an
penalty but do not change the nature of the crime. indispensable requisite.
Par. 1 of Art. 13 is applicable only when unlawful
Art. 13. Mitigating circumstances. The following aggression is present but the other 2 requisites are not
are mitigating circumstances; present in any of the cases referred to in circumstances
1. Those mentioned in the preceding chapter, number 1, 2 and 3 or Art. 11.
when all the requisites necessary to justify or to exempt Ex. When the one making defense against unlawful
from criminal liability in the respective cases are not aggression used unreasonable means to prevent or repel
attendant. it, he is entitled to a privileged mitigating circumstance.
2. That the offender is under eighteen year of
age or over seventy years. In the case of the minor, he 2. Incomplete justifying circumstance of
shall be proceeded against in accordance with the avoidance of greater evil or injury.
provisions of Art. 80.
3. That the offender had no intention to REQUISITES under par. 4 of Art. 11:
commit so grave a wrong as that committed. a. That the evil sought to be avoided
4. That sufficient provocation or threat on the actually exists;
part of the offended party immediately preceded the act. b. That the injury feared be greater
5. That the act was committed in the than that done to avoid it;
immediate vindication of a grave offense to the one c. That there be no other practical and
committing the felony (delito), his spouse, ascendants, less harmful means of preventing it.
or relatives by affinity within the same degrees.
6. That of having acted upon an impulse so Avoidance of greater evil or injury is a justifying
powerful as naturally to have produced passion or circumstance if all the three requisites mentioned in par.
obfuscation. 4 of Art. 11 are present. But if any of the last two
7. That the offender had voluntarily requisites are lacking, there is only a mitigating
surrendered himself to a person in authority or his circumstance.
agents, or that he had voluntarily confessed his guilt
before the court prior to the presentation of the 3. Incomplete justifying circumstance of
evidence for the prosecution; performance of duty.
8. That the offender is deaf and dumb, blind or
otherwise suffering some physical defect which thus REQUISITES under par. 5 of Art. 11:
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a. That the accused acted in the suspend all further proceedings and shall commit such
performance of a duty or in the lawful minor to the custody or care of a public or private,
exercise of a right or office; and benevolent or charitable institution, established under
b. That the injury caused or offense the law of the care, correction or education of orphaned,
committed be the necessary consequence homeless, defective, and delinquent children, or to the
of the due performance of such duty or custody or care of any other responsible person in any
the lawful exercise of such right or office. other place subject to visitation and supervision by the
Director of Public Welfare or any of his agents or
In People v. Oanis, the SC considered one of representatives, if there be any, or otherwise by the
the 2 requisites as constituting the majority. It seems superintendent of public schools or his representatives,
that there is no ordinary mitigating circumstance under subject to such conditions as are prescribed herein
Art. 13 par. 1 when the justifying or exempting below until such minor shall have reached his majority
circumstance has 2 requisites only. age or for such less period as the court may deem
proper.
INCOMPLETE EXEMPTING CIRCUMSTANCE The court, in committing said minor as
provided above, shall take into consideration the religion
1. Incomplete exempting circumstance of of such minor, his parents or next of kin, in order to
minority over 15 and under 18 years of age. avoid his commitment to any private institution not
under the control and supervision of the religious sect or
REQUISITES under par. 3 of Art. 12: denomination to which they belong.
a. That the offender is over 9 and under 15 The Director of Public Welfare or his duly
years old; and authorized representatives or agents, the
b. That he does not act with discernment. superintendent of public schools or his representatives,
or the person to whose custody or care the minor has
2. Incomplete exempting circumstance of been committed, shall submit to the court every four
accident. months and as often as required in special cases, a
written report on the good or bad conduct of said minor
REQUISITES under par. 4 of Art. 12: and the moral and intellectual progress made by him.
a. A person is performing a lawful act; The suspension of the proceedings against a
b. With due care; minor may be extended or shortened by the court on
c. He causes an injury to another by mere the recommendation of the Director of Public Welfare or
accident; and his authorized representative or agents, or the
d. Without fault or intention of causing it. superintendent of public schools or his representatives,
according as to whether the conduct of such minor has
If the 2nd requisite and 1st part of the 4th been good or not and whether he has complied with the
requisite are absent, the case will fall under Art. 365 conditions imposed upon him, or not. The provisions of
which punishes reckless imprudence. the first paragraph of this article shall not, however, be
affected by those contained herein.
If the 1st requisite and 2nd part of the 4th If the minor has been committed to the
requisite are absent, it will be an intentional felony. custody or care of any of the institutions mentioned in
the first paragraph of this article, with the approval of
3. Incomplete exempting circumstance of the Director of Public Welfare and subject to such
uncontrollable fear. conditions as this official in accordance with law may
deem proper to impose, such minor may be allowed to
REQUISITES under par. 6 of Art. 12: stay elsewhere under the care of a responsible person.
a. That the threat which caused the fear was If the minor has behaved properly and has
of an evil greater than, or at least equal complied with the conditions imposed upon him during
to, that which he was required to commit; his confinement, in accordance with the provisions of
b. That it promised an evil of such gravity this article, he shall be returned to the court in order
and imminence that an ordinary person that the same may order his final release.
would have succumbed to it. In case the minor fails to behave properly or to
comply with the regulations of the institution to which
If only one of these requisites is present, he has been committed or with the conditions imposed
there is only a mitigating circumstance. upon him when he was committed to the care of a
responsible person, or in case he should be found
Par. 2 THAT THE OFFENDER IS [UNDER 18 YEARS incorrigible or his continued stay in such institution
OF AGE] OR OVER 70 YEARS. IN THE CASE OF THE should be inadvisable, he shall be returned to the court
MINOR, HE SHALL BE PROCEEDED AGAINST IN in order that the same may render the judgment
ACCORDANCE WITH THE PROVISIONS OF ART. 80. corresponding to the crime committed by him.
The expenses for the maintenance of a minor
Par. 2 contemplates the ff: delinquent confined in the institution to which he has
1. An offender over 70 years old. been committed, shall be borne totally or partially by his
parents or relatives or those persons liable to support
Art. 80. Suspension of sentence of minor him, if they are able to do so, in the discretion of the
delinquents. Whenever a minor of either sex, under court; Provided, That in case his parents or relatives or
sixteen years of age at the date of the commission of a those persons liable to support him have not been
grave or less grave felony, is accused thereof, the court, ordered to pay said expenses or are found indigent and
after hearing the evidence in the proper proceedings, cannot pay said expenses, the municipality in which the
instead of pronouncing judgment of conviction, shall offense was committed shall pay one-third of said
expenses; the province to which the municipality
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belongs shall pay one-third; and the remaining one-third be burned also. When Napola was already suffering
shall be borne by the National Government: Provided, much from the burns, Ural became frightened and he
however, That whenever the Secretary of Finance and Siton helped put out the fire. Napola died later
certifies that a municipality is not able to pay its share in because of the burns.
the expenses above mentioned, such share which is not Held: Offender is criminally liable although
paid by said municipality shall be borne by the National consequence of his felonious act was not intended by
Government. Chartered cities shall pay two-thirds of him. This is covered by Art. 4 of the RPC. The TC failed
said expenses; and in case a chartered city cannot pay to appreciate the mitigating circumstance that the
said expenses, the internal revenue allotments which offender has no intention to commit so grave a wrong
may be due to said city shall be withheld and applied in as that committed. It is manifest from the facts that the
settlement of said indebtedness in accordance with accused had no intent to kill the victim. His only design
section five hundred and eighty-eight of the was only to maltreat him maybe because of his drunken
Administrative Code. condition. When the accused realized the fearful
consequences of his act, he allowed the victim to secure
medical treatment.
People v. Amit
LEGAL EFFECTS OF VARIOUS AGES OF OFFENDER: 32 SCRA 95(1970)
1. Minor delinquent under 18 years of age, the Facts: Amit pleads guilty to rape with homicide
sentence may be suspended. (Art. 192, P.D. No. and sentenced to death. Amit appeals claiming that
603 as amended by P.D. No. 1179) there are 3 mitigating circumstances including lack of
2. Under 18 years of age, privileged mitigating intention to commit so grave a wrong.
circumstance (Art. 68) Held: A great disproportion between means
3. 18 years or over, full criminal responsibility. employed to accomplish the criminal act on the one
hand, and its consequences on the other, must first be
shown. Otherwise, the mitigating circumstance could
Par. 3 THAT THE OFFENDER HAD NO INTENTION not be considered.
TO COMMIT SO GRAVE WRONG AS THAT Based on the narration given by the accused
COMMITTED. where he said that he held victims neck down as he
boxed her in the face, and considering moreover that
This circumstance can be taken into account the victim was 57 years old while the accused was only
only when the facts proven show that there is a notable 32, the court held that the means employed by the
and evident disproportion between the means accused was sufficient to have caused the death of the
employed to execute the criminal act and its victim.
consequences. Death penalty should be imposed. It is a single
The intention, as an internal act, is judged indivisible penalty applied regardless of mitigating
not only by the proportion of the means employed by circumstance, especially when records of the present
him to the evil produced by his act, but also by the fact case evince the aggravating circumstances of nighttime
that the blow was or was not aimed at a vital part of and abuse of superior strength.
the body.
Intention must be judged by considering the People v. Regato
weapon used, the injury inflicted and the attitude of the 127 SCRA 287 (1984)
mind when the accused attacked the deceased. Facts: Regato, Ramirez and Salceda robbed
This mitigating circumstance is not the store of Victor Flores. Victor was maltreated to force
applicable when the offender employed brute force. him to reveal where their money was. The robbers
Lack of intent to commit so grave a wrong is found the money in a place different from where Victor
not appreciated where the offense committed is revealed to them. Ramirez got mad and called Victor a
characterized by treachery. liar. Victor retorted, you robbers!. With this remark,
In crimes against persons who do not die as Ramirez shot Victor and the three rushed out of the
a result of the assault, the absence of the intent to kill house.
reduces the felony to mere physical injuries, but it does Held: The SC did not find merit in the
not constitute a mitigating circumstance under Art. 13 contention that there was lack of intent to commit so
par 3. grave a wrong as that committed. Intention is a mental
It is not applicable to felonies by negligence process and is an internal state of mind. The intention
because in these kinds of felonies, there is no intent on must be judged by the ACTION, CONDUCT and
the part of the offender which may be considered EXTERNAL ACTS of the accused. What men do is the
diminished. best index of their intention. In the case at bar, the
Par. 3 is only applicable to offense resulting aforesaid mitigating circumstance cannot be
in physical injuries or material harm. It is not applicable appreciated considering that the acts employed by the
to defamation or slander. accused were reasonably sufficient to produce the
result that they actually made the death of the victim.
People v. Ural
56 SCRA 138 (1974) People v. Callet
Facts: Witness Alberto saw policeman Ural 382 SCRA 43 (2002)
inside the jail boxing detention prisoner Napola. As Facts: Alfredo, Lecpoy and Eduardo were
Napola collapsed on the floor, Ural went out to get a beside each other as they watched a cara y cruz game.
bottle. He poured the contents to the dress of Napola Alfredo sat close to the ground, with his buttocks
and set it on fire. Napola got burned and he asked resting on his right foot. Lecpoy and Eduardo sat on a
mercy from Ural. Instead, Ural locked him up and piece of wood and on a stone, respectively. Out of
threatened the witness not to tell anyone or else he will nowhere, the accused, Callet, appeared behind Alfredo
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and stabbed the latter on the left shoulder near the already asleep, Roy told her to wake her husband up.
base of the neck with a 9-inch hunting knife. Romera went down the house and asked who was at
Instinctively, Alfredo stood up and managed to walk a the door. Just as he opened the door for Roy, Roy
few meters. When he fell on the ground, Lecpoy and thrust his bolo at him. He successfully parried the bolo
Eduardo rushed to help him but to no avail. Alfredo died and asked Roy what it was all about. Roy answered he
shortly thereafter. Calleto voluntary surrendered. He would kill Romera. Romera tried to prevent Roy from
claims that his liability should be mitigated by the fact entering, so he pushed the door shut. As Roy was
that he had no intention to commit so grave a wrong. hacking at the wall, Romeras wife held the door to
Held: The lack of "intent" to commit a wrong allow Romera to exit in another door to face Roy. He
so grave is an internal state. It is weighed based on the hurled a stone at Roy, who dodged it. Roy rushed to
weapon used, the part of the body injured, the injury him and hacked him, but he parried the blow. Petitioner
inflicted and the manner it is inflicted. The fact that the grappled for the bolo and stabbed Roy in the stomach.
accused used a 9-inch hunting knife in attacking the Wounded, Roy begged petitioner for forgiveness.
victim from behind, without giving him an opportunity Romera ceased harming Roy for fear he might kill him.
to defend himself, clearly shows that he intended to do
what he actually did, and he must be held responsible
Held: There was sufficient provocation and the
therefor, without the benefit of this mitigating
circumstance of passion or obfuscation attended the
circumstance.
commission of the offense. Thrusting his bolo at
Romera, threatening to kill him, and hacking the
Par. 4. THAT SUFFICIENT PROVOCATION OR bamboo walls of his house are sufficient provocation to
THREAT ON THE PART OF THE OFFENDED PARTY enrage any man, or stir his rage and obfuscate his
IMMEDIATELY PRECEDED THE ACT. thinking, more so when the lives of his wife and
children are in danger. Romera stabbed the victim as a
PROVOCATION result of those provocations, and while Romera was still
- Any unjust or improper conduct or act of the in a fit of rage.
offended party, capable of exciting, inciting, or irritating The court however stressed that provocation
anyone. and passion or obfuscation are not 2 separate
mitigating circumstances. Well-settled is the rule that if
REQUISITES: these 2 circumstances are based on the same facts,
a. That the provocation must be sufficient they should be treated together as one mitigating
b. That it must originate from the offended circumstance. From the facts established in this case, it
party is clear that both circumstances arose from the same
c. That the provocation must be immediate set of facts aforementioned. Hence, they should not be
to the act, i.e., to the commission of the crime by treated as two separate mitigating circumstances.
the person who is provoked.
Par. 5. THAT THE ACT WAS COMMITTED IN THE
People v. Pagal IMMEDIATE VINDICATION OF A GRAVE OFFENSE
79 SCRA 570 (1977) TO THE ONE COMMITTING THE FELONY (DELITO),
Facts: Pagal and Torcelino, employees of Gau HIS SPOUSE, ASCENDANTS, DESCENDANTS,
Guan, conspired together to take away from their LEGITIMATE, NATURAL OR ADOPTED BROTHERS
employer P1,281.00. When Gau Guan refused to open OR SISTERS, OR RELATIVES BY AFFINITY WITHIN
the kaha de yero, they stabbed him with an icepick and THE SAME DEGREE.
clubbed him with an iron pipe which resulted to his
death. The two accused were charged with the crime of REQUISITES:
robbery with homicide. On appeal, they claimed that a. That there be a grave offense done to the
they are entitled to 2 mitigating circumstances: one committing the felony, his spouse,
sufficient provocation or threat on the part of the ascendants, descendants, legitimate, natural or
offended party and having acted upon an impulse so adopted brothers or sisters, or relatives by
powerful as to produce passion and obfuscation. affinity within the same degree.
Held: The 2 mitigating circumstances cannot b. That the felony is committed in vindication
be considered as 2 distinct and separate circumstances of such grave offense. A lapse of time is allowed
but should only be treated as one because they both between the vindication and the doing of the
arose from the same incident the alleged grave offense.
maltreatment of Pagal and Torcelino by Gau Guan. The
circumstance of passion and obfuscation cannot be PROVOCATION VINDICATION
mitigating in a crime which is planned and calmly It is made directly only to The grave offense may be
meditated before its execution. Also, provocation in the person committing the committed also against the
order to be mitigating must be sufficient and offense offenders relatives
immediately preceding the act. In this case, it was mentioned in the law.
months ago when the incident of alleged maltreatment The cause that brought The offended party must
took place. about the provocation have done a grave offense
need not be a grave to the offender or his
Romera v. People offense. relatives mentioned in the
434 SCRA 467(2004) law.
Facts: While lying in bed, Romera heard the It is necessary that the The vindication of the
victim Roy call him and his wife, asking if they had beer provocation or threat grave offense may be
and a fighter for sale. He did not answer Roy because immediately preceded the proximate, which admits of
he knew that Roy was already drunk. Roy asked for act. an interval of time
Romera but when the latter's wife told him that he was between the grace offense
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done by the offended party elopement of a daughter with a man constitutes a grave
and the commission of the offense to their honor and causes disturbance of the
crime. peace of the home. The fact that the accused saw the
deceased run upstairs when he became aware of their
presence, as if he refused to deal with them after
Basis to determine the gravity of offense in having gravely offended them, was certainly a stimulus
vindication strong enough to produce in their mind a fit of passion
The question whether or not a certain personal which blinded them and led them to commit that crime.
offense is grave must be decided by the court, having in
mind the social standing of the person, the place and
the time when the insult was made.
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place with that young ravishing woman, almost naked engendered by the refusal of the woman to continue to
and therefore, liable to succumb to the uncontrollable live in illicit relations with him, which she had a perfect
passion of his bestial instinct. right to do.
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committed and that the provocation must be clear case of someone acting out of anger in the spirit of
commensurate to the crime committed. The sufficiency revenge.
of provocation varies according to the circumstances of
the case. The aggressive behavior of Andres towards Par. 7. THAT THE OFFENDER HAD VOLUNTARILY
Gonzales and his son may be demeaning or humiliating SURRENDERED HIMSELF TO A PERSON IN
but it is not sufficient provocation to shoot at Gonzales AUTHORITY OR HIS AGENTS, OR THAT HE HAD
vehicle. VOLUNTARILY CONFESSED HIS GUILT BEFORE THE
COURT PRIOR TO THE PRESENTATION OF THE
EVIDENCE FOR THE PROSECUTION.
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People v. Amaguin
229 SCRA 166 (1994) The extrajudicial confession made by the
Facts: Celso and Gildo, together with others, accused is not voluntary confession. Such
attacked the Oros. During the fray, Gildo was armed confession was made outside the court. The
with a knife and an Indian target. And just as they confession must be made in open court.
were about to finish off the Oro brothers, Willie, the
eldest of the Amaguins, appeared with a revolver and c. That the confession of guilt was made
delivered the coup de grace. prior to the presentation of evidence for the
Held: SC agrees with the accused-appellants prosecution.
view that voluntary surrender should be appreciated in
their favor. While it may have taken both Willie and The change of plea should be made at the
Gildo a week before turning themselves in, the fact is, first opportunity when his arraignment was
they voluntarily surrendered to the police before arrest first set.
could be effected. A conditional plea of guilty is not mitigating
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Par. 9. SUCH ILLNESS OF THE OFFENDER AS Aggravating circumstances are those which, if
WOULD DIMINISH THE EXERCISE OF THE WILL- attendant in the commission of the crime, serve to
POWER OF THE OFFENDER WITHOUT HOWEVER increase the penalty without, however, exceeding the
DEPRIVING HIM OF CONSCIOUSNESS OF HIS maximum of the penalty provided by law for the offense.
ACTS.
They are based on the greater perversity of the
REQUISITES: offender manifested in the commission of the felony as
a. That the illness of the offender must shown by:
diminish the exercise of his will-power. a. motivating power itself;
b. That such illness should not deprive the b. the place of commission;
offender of consciousness of his acts. c. the means and ways employed;
d. the time; or
When the offender completely lost the exercise of will- e. the personal circumstances of the
power, it may be an exempting circumstance. offender, or of the offended party.
It is said that this paragraph refers only to diseases of
pathological state that trouble the conscience or will. FOUR KINDS OF AGGRAVATING CIRCUMSTANCES
Ex. A mother who, under the influence of a puerperal
fever, killed her child the day following her delivery.
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1. GENERIC Those that can generally apply offense, it shall be deemed to have been committed by a
to all crimes. Nos. 1, 2, 3 (dwelling), 4, 5, 6, 9, 10, 14, band.
18, 19, and 20 except by means of motor vehicles. 7. That the crime be committed on the
2. SPECIFIC Those that apply only to occasion of a conflagration, shipwreck, earthquake,
particular crimes. Nos. 3 (except dwelling), 15, 16, 17 epidemic or other calamity or misfortune.
and 21. 8. That the crime be committed with the aid of
3. QUALIFYING Those that change the armed men or persons who insure or afford impunity.
nature of the crime. Art. 248 enumerates the qualifying 9. That the accused is a recidivist.
AC which qualify the killing of person to murder. A recidivist is one who, at the time of his trial
4. INHERENT Those that must accompany for one crime, shall have been previously convicted by
the commission of the crime. final judgment of another crime embraced in the same
title of this Code.
GENERIC AC QUALIFYING AC 10. That the offender has been previously
The effect of a generic AC, The effect of a qualifying punished by an offense to which the law attaches an
not offset by any AC is not only to give the equal or greater penalty or for two or more crimes to
mitigating circumstance, is crime its proper and which it attaches a lighter penalty.
to increase the penalty exclusive name but also to 11. That the crime be committed in
which should be imposed place the author thereof in consideration of a price, reward, or promise.
upon the accused to the such a situation as to 12. That the crime be committed by means of
MAXIMUM PERIOD. deserve no other penalty inundation, fire, poison, explosion, stranding of a vessel
than that specially or intentional damage thereto, derailment of a
prescribed by law for said locomotive, or by the use of any other artifice involving
crime. great waste and ruin.
A generic aggravating A qualifying AC cannot be 13. That the act be committed with evident
circumstance may be offset by a mitigating premeditation.
compensated by a circumstance. 14. That the craft, fraud or disguise be
mitigating circumstance. employed.
According to the new rules, generic and qualifying 15. That advantage be taken of superior
aggravating circumstances must be alleged in order to strength, or means be employed to weaken the defense.
be appreciated. 16. That the act be committed with treachery
(alevosia).
There is treachery when the offender commits
AGGRAVATING CIRCUMSTANCES WHICH DO NOT any of the crimes against the person, employing means,
HAVE THE EFFECT OF INCREASING THE PENALTY methods, or forms in the execution thereof which tend
AC 1) which in themselves constitute a crime directly and specially to insure its execution, without risk
specially punishable by law, or b) which are included by to himself arising from the defense which the offended
the law in defining a crime and prescribing the penalty party might make.
therefore shall not be taken into account for the purpose 17. That means be employed or circumstances
of increasing the penalty (Art. 62, par. 1) brought about which add ignominy to the natural effects
of the act.
AC which arise: a) from the moral attributes of the 18. That the crime be committed after an
offender or b) from his private relations with the unlawful entry.
offended party, or c) from any other personal cause, There is an unlawful entry when an entrance of
shall only serve to aggravate the liability of the a crime a wall, roof, floor, door, or window be broken.
principals, accomplices, and accessories as to whom 19. That as a means to the commission of a
such circumstances are attendant. crime a wall, roof, floor, door, or window be broken.
20. That the crime be committed with the aid
Art. 14. Aggravating circumstances. The following of persons under fifteen years of age or by means of
are aggravating circumstances: motor vehicles, motorized watercraft, airships, or other
1. That advantage be taken by the offender of similar means. (As amended by R.A. No. 5438).
his public position. 21. That the wrong done in the commission of
2. That the crime be committed in contempt or the crime be deliberately augmented by causing other
with insult to the public authorities. wrong not necessary for its commissions.
3. That the act be committed with insult or in
disregard of the respect due the offended party on People v. Antonio
account of his rank, age, or sex, or that is be committed 393 SCRA 169 (2002)
in the dwelling of the offended party, if the latter has not Facts: Kevin Paul, 7 year-old son of the victim
given provocation. Sergio was lying on the bed beside his father Sergio in
4. That the act be committed with abuse of the bedroom when he heard a window being opened and
confidence or obvious ungratefulness. the sound of feet stepping on the floor. Then someone
5. That the crime be committed in the palace kicked open the door to the bedroom. Kevin saw Wilson
of the Chief Executive or in his presence, or where public Antonio carrying a shotgun. Wilson aimed his gun at
authorities are engaged in the discharge of their duties, Sergio who was asleep on the bed and fired hitting
or in a place dedicated to religious worship. Sergio on the chest, shoulder and back. He was also hit
6. That the crime be committed in the night on his left thigh. Immediately after firing his gun, Wilson
time, or in an uninhabited place, or by a band, whenever hurriedly left the room. When the police arrived, Sergio
such circumstances may facilitate the commission of the was already dead. Wilson surrendered to the police
offense. after eluding arrest for more than 1 yr. The trial court
Whenever more than three armed malefactors convicted him of murder qualified by treachery and
shall have acted together in the commission of an aggravated by the circumstance of evident
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premeditation, dwelling and unlawful entry. The above Par. 1. - THAT ADVANTAGE BE TAKEN BY THE
aggravating circumstances were not alleged in the OFFENDER OF HIS PUBLIC POSITION.
Information.
Held: Pursuant to the 2000 Revised Rules of
The public officer must use the influence, prestige or
Criminal Procedure, every complaint or information must
ascendancy which his office gives him as the means by
state not only the qualifying but also the aggravating
which he realizes his purpose. The essence of the matter
circumstances. This rule may be given retroactive effect
is presented in the inquiry, did the accused abuse his
in the light of the well-established rule that statutes
office in order to commit the crime?
regulating the procedure of the courts will be construed
as applicable to actions pending and undetermined at
When a public officer commits a common crime
the time of their passage. The aggravating
independent of his official functions and does acts that
circumstances of evident premeditation, dwelling and
are not connected with the duties of his office, he should
unlawful entry, not having been alleged in the
be punished as a private individual without this AC.
Information, may not now be appreciated to enhance
the liability of Wilson.
The mere fact that he was in fatigue uniform and had
army rifle at the time is insufficient to establish that he
People v. Suela
misused his public position in the commission of the
373 SCRA 163 (2002)
crimes (People v. Pantoja)
Facts: Brothers Edgar and Nerio Suela, and
Edgardo Batocan, sporting ski masks, bonnets and
Even if defendant did not abuse his office, if it is
gloves, brandishing handguns and knife, barged into the
proven that he has failed in his duties as such public
room of Director Rosas who was watching television
officer, this circumstance would warrant the aggravation
together with his adopted son, Norman and his friend
of his penalty.
Gabilo. They threatened Rosas, Norman and Gabilo to
give the location of their money and valuables, which
Taking advantage of public position, cannot be taken
they eventually took. They dragged Gabilo downstairs
into consideration in offenses where it is made by law an
with them. Upon Nerios instructions, Batocan stabbed
integral element of the crime such as in malversation or
Gabilo 5 times which caused the latters death . The trial
in falsification of documents committed by public
court sentenced Edgar, Nerio and Batocan to suffer the
officers.
penalty of death appreciating the aggravating
circumstance of disguise which was not alleged in the
People v. Capalac
Information against the three.
117 SCRA 874 (1982)
Held: Following current Rules on Criminal
Facts: Magaso stabbed Moises in a cockpit. The
Procedure, particularly Section 9 of the new Rule 110,
aggressor attempting to escape was confronted by 2
and current jurisprudence, the aggravating circumstance
brothers of Moises, Jesus (deceased) and appellant
of disguise cannot be appreciated against appellants. In
Mario Capalac. Magaso, seeing that he was cornered,
as much as the same was not alleged in the
raised his hands as a sign of surrender. The brothers
Information, the aggravating circumstance of disguise
were not appeased. Mario proceeded to pistol-whip
cannot now be appreciated to increase the penalty to
Magaso and after he had fallen, Jesus stabs him. The
death notwithstanding the fact that the new rule
lower court convicted the accused of murder and took
requiring such allegation was promulgated only after the
into consideration the aggravating circumstance of
crime was committed and after the trial court has
taking advantage of public office because the accused is
already rendered its Decision. It is a cardinal rule that
a police officer.
rules of criminal procedure are given retroactive
Held: On the aggravating circumstance that
application insofar as they benefit the accused.
the accused used his public position as a policeman, it
was held that the mere fact that he was a member of
People v. Mendoza
the police force was insignificant to the attack. He acted
327 SCRA 695 (2000)
like a brother, instinctively. He pistol-whipped the
Facts: Anchito and Marianito passed by
deceased because he had a pistol with him. It came in
appellant's house and asked for a drink from appellant's
handy and so he acted accordingly. That he was a
wife, Emily. Anchito began talking with Emily and they
policeman is of no relevance.
were about 4 arms-length from Marianito when
appellant suddenly appeared. Appellant hacked Anchito
People v. Gapasin
on the nape, which prompted Marianito to flee out of
231 SCRA 728 (1994)
fear for his life. Anchito died in a kneeling position with
Facts: Gapasin was a member of the Phil.
hack wounds at the back of the neck and body.
Constabulary. He was issued a mission order to
Appellant voluntary surrendered. The trial court ruled
investigate a report regarding the presence of
that voluntary surrender was offset by the aggravating
unidentified armed men in one barrio. He was informed
circumstance of treachery.
that a certain Calpito had an unlicensed firearm. He shot
Held: The trial court erred in ruling that
Calpito with the use of an armalite after seeing the latter
voluntary surrender was offset by the aggravating
walking along the road. Gapasin was convicted of
circumstance of treachery. Treachery in the present case
murder.
is a qualifying, not a generic aggravating circumstance.
Held: The accused took advantage of his public
Its presence served to characterize the killing as
position because as a member of the PC, he committed
murder; it cannot at the same time be considered as a
the crime with an armalite which was issued to him
generic aggravating circumstance to warrant the
when he received his order.
imposition of the maximum penalty. Thus, it cannot
offset voluntary surrender.
People v. Villamor
373 SCRA 254 (2002)
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Facts: Brothers Jerry and Jelord Velez were on Lack of knowledge on the part of the offender that a
their way home on board a motorcycle. Jerry was public authority is present indicates lack of intention to
driving. As they neared a junction, they heard a insult the public authority.
speeding motorcycle fast approaching from behind. The
brothers ignored the other motorcycle, which caught up Par. 3. - THAT THE ACT BE COMMITTED (1) WITH
with them. As they were about to cross the bridge INSULT OR IN DISREGARD OF THE RESPECT DUE
leading to their home, gunshots rang out from behind THE OFFENDED PARTY ON ACCOUNT OF HIS (a)
them. They abruptly turned the motorcycle around RANK, (b) AGE, OR (c) SEX, OR (2) THAT IS BE
towards the direction of the gunfire. The light of their COMMITTED IN THE DWELLING OF THE OFFENDED
motorcycle's headlamp fell on their attackers aboard the PARTY, IF THE LATTER HAS NOT GIVEN
second motorcycle. The assailants fired at them a PROVOCATION.
second time and fled. Jerry saw PO3 Villamor and
Maghilom on board the motorcycle behind them.
Four circumstances are enumerated in this paragraph,
Maghilom was driving the motorcycle while Villamor was
which can be considered single or together. If all the 4
holding a short gun pointed at them. Jerry sustained
circumstances are present, they have the weight of one
gunshot wounds but survived. Jelord, however, died on
aggravating circumstance only.
the spot during the first gun burst.
Held: There was no showing that Villamor took
This circumstance (rank, age or sex) may be taken
advantage of his being a policeman to shoot Jelord Velez
into account only in crimes against person or honor.
or that he used his "influence, prestige or ascendancy"
in killing the victim. Villamor could have shot Velez even
There must be evidence that in the commission of the
without being a policeman. In other words, if the
crime, the accused deliberately intended to offend or
accused could have perpetrated the crime even without
insult the sex or age of the offended party.
occupying his position, there is no abuse of public
position. The Court cited the case of People v. Herrera,
(1) WITH INSULT OR IN DISREGARD OF
where the Court emphatically said that the mere fact
THE REPECT DUE THE OFFENDED PARTY ON
that accused-appellant is a policeman and used his
ACCOUNT:
government issued .38 caliber revolver to kill is not
sufficient to establish that he misused his public position
(a) OF THE RANK OF THE OFFENDED PARTY
in the commission of the crime.
ex. An attempt upon the life of a general of the
Philippine Army is committed in disregard of his rank.
Par. 2. - THAT THE CRIME BE COMMITTED IN
CONTEMPT OR WITH INSULT TO THE PUBLIC (b) OF THE AGE OF THE OFFENDED PARTY
AUTHORITIES. ex. When the aggressor is 45 years old and the
victim was an octogenarian.
It is not proper to consider disregard of old
REQUISITES:
age in crimes against property. Robbery with homicide is
a. That the public authority is engaged in the
primarily a crime against property.
exercise of his functions.
b. That he who is thus engaged in the
(c) OF THE SEX OF THE OFFENDED PARTY
exercise of his functions is not the person
This refers to the female sex, not to the male
against whom the crime is committed.
sex (Reyes)
c. The offender knows him to be a public
Killing a woman is not attended by this AC if
authority.
the offender did not manifest any specific insult or
d. His presence has not prevented the
disrespect towards her sex.
offender from committing the criminal act.
THIS AGGRAVATING CIRCUMSTANCE IS
PUBLIC AUTHORITY / PERSON IN AUTHORITY
NOT APPLICABLE TO THE FOLLOWING:
A public officer who is directly vested with
1. When the offender acted with passion and
jurisdiction, that is, a public officer who has the power to
obfuscation.
govern and execute the laws. The councilor, mayor,
2. When there exists a relationship between the
governor, barangay captain etc. are persons in
offended party and the offender.
authority. A school teacher, town municipal health
3. When the condition of being a woman is
officer, agent of the BIR, chief of police, etc. are now
indispensable in the commission of the crime
considered a person in authority.
i.e. parricide, rape, etc.
Par. 2 is not applicable if committed in the presence of
Disregard of sex absorbed in treachery.
an agent only such as a police officer.
(2) THAT BE COMMITTED IN THE
AGENT
DWELLING OF THE OFFENDED PARTY
A subordinate public officer charged with the
maintenance of public order and the protection and
DWELLING BUILDING OR STRUCTURE,
security of life and property, such as barrio policemen,
EXCLUSIVELY USED FOR REST AND COMFORT.
councilmen, and any person who comes to the aid of
a combination house and store or a market
persons in authority.
stall where the victim slept is not a dwelling.
This is considered an AC primarily because of
The crime should not be committed against the public
the sanctity of privacy, the law accords to human abode.
authority or else it becomes direct assault.
Also, in certain cases, there is an abuse of confidence
which the offended party reposed in the offender by
opening the door to him.
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The evidence must show clearly that the Facts: 13-year-old Margarita was at the bus
defendant entered the house of the deceased to attack station when the accused, Daniel, started molesting her,
him. asking her name and trying to get her bag to carry it for
The offended party must not give her. She refused and asked the help of the conductor
provocation. If the provocation did not take place in the and driver but they did not help her. She ran to the
house, dwelling may be considered as an AC. jeepney stop and rode the jeep. Daniel followed her to
Dwelling is aggravating, even if the offender the boarding house and he raped her.
did not enter the upper part of the house where the Held: Although Margarita was merely renting a
victim was, but shot from under the house. bedspace in a boarding house, her room constituted for
Even if the killing took place outside the all intents and purposes a dwelling as the term is used
dwelling, it is aggravating provided that the commission in Art. 14(3) of the RPC. Be she a lessee, a boarder, or a
of the crime was begun in the dwelling. bedspacer, the place is her home the sanctity of which
Dwelling is aggravating in abduction or illegal the law seeks to protect and uphold.
detention.
It is not aggravating where the deceased was People v. Banez
called down from his house and he was murdered in the 301 SCRA 248 (1999)
vicinity of his house. Facts: The accused was living with his parents.
Dwelling includes dependencies, the foot of His sisters complained to their father that the accused
the staircase and the enclosure under the house. If the made trouble whenever he was drunk. They wanted to
deceased was only about to step on the first rung of the put the accused in another house. That night while they
ladder when he was assaulted, the AC of dwelling will were discussing the plans for the accused, while their
not be applicable. father went to his room, the accused, who looked drunk,
ran to the kitchen and got 2 knives and then stabbed
DWELLING NOT APPLICABLE: the father. The father died.
1. When both offender and offended party are Held: The aggravating circumstance of dwelling
occupants of the same house. cannot be considered aggravating where the accused
2. When the robbery is committed by the use of and the victim were living in the same house where the
force upon things, dwelling is not aggravating because crime was committed. The rationale for considering
it is inherent to the crime. dwelling an aggravating circumstance is the violation by
3. In the crime of trespass to dwelling, it is also the offender of the sanctity of the home of the victim by
inherent or included by law in defining the crime. trespassing therein to commit the crime. This reason is
4. When the owner of the dwelling gave sufficient entirely absent in this case.
and immediate provocation.
5. When the dwelling where the crime was People v. Lapaz
committed did not belong to the offended party. 171 SCRA 539 (1989)
6. When the rape was committed in the ground Facts: Eulalia Cabunag, a 70-year-old woman
floor of the 2-storey structure, the lower floor being who was living alone, was beaten to death by 3 men.
used as a video rental store and not as a private place Appellant Barleso, Lapaz and Cristoto agreed to kill
of abode or residence. Eulalia because there was one incident when the victim
called Barleso a thief in front of many people.
A victim raped in the boarding house where she was a Held: The presence of treachery is clear as
bed spacer. Her room constituted a dwelling. Barleso invited two companions to help him execute his
plan to beat the victim to death with pieces of wood in
Dwelling may be temporary dwelling. the middle of the night, insuring death of the victim
without risk to himself arising from the defense with the
Note: The Code speaks of dwelling, not domicile. offended party might make.
While it may be true that nighttime is absorbed
Dwelling is not aggravating in adultery when paramour in the aggravating circumstance of treachery, the
also lives in the conjugal home. aggravating circumstance of disregard of sex and age
cannot be similarly absorbed. Treachery refers to the
Dwelling is not included in treachery. manner of the commission of the crime. Disregard of sex
and age pertains to the relationship of the victim, who is
People v. Rodil a 70-year old woman, and the appellant who is a young
109 SCRA 308 (1981) man, 27 years old, at the time of the commission of the
Facts: Lt. Mesana approached Rodil and offense.
identifies himself as a PC officer. He asked Rodil whether
or not the gun which the latter possessed had a license. People v. Taboga
Rodil attempted to draw his gun but was prevented by 376 SCRA 500 (2002)
Mesanas companions. Rodil was asked to sign a Facts: Taboga entered the house of Tubon, a
document attesting to the confiscation of the gun but he widowed septuagenarian, robbed, stabbed and burned
refused. Instead, he drew a dagger and managed to beyond recognition the latters house.
stab Mesana in the chest repeatedly. Held: Anent the circumstance of age, there
Held: The AC of disregard of rank should be must be a showing that the malefactor deliberately
appreciated because it is obvious that Mesana identified intended to offend or insult the age of the victim.
himself as a PC officer to the accused who is merely a Neither could disregard of respect due to sex be
member of the Anti-Smuggling Unit and therefore appreciated if the offender did not manifest any
inferior both in rank and social status to the victim. intention to offend or disregard the sex of the victim. In
other words, killing a woman is not attended by the
People v. Daniel aggravating circumstance if the offender did not
86 SCRA 511 (1978) manifest any specific insult or disrespect towards the
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offended party's sex. In the case at bar, there is complainant's employer, "which doubles as a video
absolutely no showing that Taboga deliberately intended rental shop.
to offend or insult the victim. However, even if Held: Dwelling cannot be appreciated as an
disrespect or disregard of age or sex were not aggravating circumstance in this case because the rape
appreciated, the four circumstances enumerated in was committed in the ground floor of a two-story
Article 14, paragraph 3 of the Revised Penal Code, as structure, the lower floor being used as a video rental
amended, can be considered singly or together. store and not as a private place of abode or residence.
People v. Rios
333 SCRA 823(2000)
Facts: Rios hurled stones at the house of
People v. De Mesa Ambrocio and Anacita Benedicto. A few minutes later,
354 SCRA 397 (2001) and while the Benedicto spouses were tending their
Facts: Motas, Barangay Chairman of Barangay store, Rios bought cigarettes. Ambrocio confronted Rios
Sta. Cruz Putol, San Pablo City, was shot by De Mesa about the stoning incident and an altercation ensued
while playing a card game with some town mates at a between them. Having heard the appellant shout at
neighborhood store resulting to his death. The trial Ambrocio, Mesa intervened and requested the 2 to part
court, in convicting De Mesa for murder, appreciated the ways and escorted them to their respective residences.
aggravating circumstance of commission of the crime in A few minutes later, appellant went back to the store.
contempt of or with assault to public authorities. Ambrocio went to the terrace of their house. Appellant
Held: The trial court also erred in appreciating suddenly approached Ambrocio and stabbed his right
the aggravating circumstance that the commission of stomach. Mesa and his group saw Anacita weeping while
the crime was in contempt of or with assault to public Ambrocio was lying lifeless in the terrace of their house.
authorities. The requisites of this circumstance are: (1) Ambrocio died before he was brought to the hospital.
the public authority is engaged in the discharge of his The trial court appreciated the aggravating circumstance
duties and (2) he is not the person against whom the of dwelling.
crime is committed. None of these circumstances are Held: The trial court correctly appreciated the
present in this case. In the first place, the crime was aggravating circumstance of dwelling or morada in this
committed against the barangay chairman himself. At case. The word dwelling includes every dependency of
the time that he was killed, he was not engaged in the the house that forms an integral part thereof and
discharge of his duties as he was in fact playing a card therefore it includes the staircase of the house and much
game with his neighbors. more, its terrace. When a crime is committed in the
dwelling of the offended party and the latter has not
People v. Montinola (Supra) given provocation, dwelling may be appreciated as an
Facts: Montinola boarded a passenger jeepney aggravating circumstance.
driven by Hibinioda. Among the passengers was
Reteracion. All of a sudden, appellant drew his gun, an People v. Arizobal
unlicensed firearm, .380 cal pistol and directed 348 SCRA 143 (2000)
Reteracion to hand over his money or else he would be Facts: Arizobal and two others entered the
killed. Montinola aimed the firearm at the neck of house of spouses Clementina and Laurencio Gimenez.
Reteracion and fired successive shots at the latter. As a They then ransacked the house and ordered Laurencio
result Reteracion slumped dead. Montinola was charged to go with them to his son Jimmys house. Upon
with robbery with homicide and illegal possession of reaching the house of Jimmy, they tied the latter and
firearm. one Francisco also surnamed Gimenez. They consumed
Held: Disregard of age, sex or rank is not the food and cigarettes Jimmys wife Erlinda, was
aggravating in robbery with homicide, which is primarily selling. They proceeded to ransack the household in
a crime against property, as the homicide is regarded as search of valuables. Thereafter, Erlinda was ordered to
merely incidental to the robbery. produce P100,000 in exchange for Jimmys life. Erlinda
offered to give a certificate of large cattle but the
People v. Tao document was thrown back at her. The 3 then dragged
331 SCRA 448 (2000) Jimmy outside the house together with Laurencio. One
Facts: Amy was tending a video rental shop of the culprits returned and told Erlinda that Jimmy and
owned by Marina. Tao kept going in and out of the Laurencio had been killed for trying to escape. The trial
shop and on the last time he went inside said shop, he court appreciated the aggravating circumstance of
suddenly jumped over the counter, strangled Amy, dwelling.
poked a knife at the left side of her neck, pulled her Held: The trial court is correct in appreciating
towards the kitchen where he forced her to undress, and dwelling as an aggravating circumstance. Generally,
gained carnal knowledge of her against her will and dwelling is considered inherent in the crimes which can
consent. Before they could reach the upper floor, he only be committed in the abode of the victim, such as
suddenly pulled Amy down and started mauling her until trespass to dwelling and robbery in an inhabited place.
she lost consciousness; then he freely ransacked the However, in robbery with homicide the authors thereof
place. Leaving Amy for dead after repeatedly banging can commit the heinous crime without transgressing the
her head, first on the wall, then on the toilet bowl, he sanctity of the victim's domicile. In the case at bar, the
took her bracelet, ring and wristwatch. He then robbers demonstrated an impudent disregard of the
proceeded upstairs where he took as well the jewelry inviolability of the victims' abode when they forced their
box containing other valuables belonging to his victim's way in, looted their houses, intimidated and coerced
employer. The trial court appreciated dwelling as an their inhabitants into submission, disabled Laurencio and
aggravating circumstance because the incident took Jimmy by tying their hands before dragging them out of
place supposedly at the residence of private the house to be killed.
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Par. 4. - THAT THE ACT BE COMMITTED WITH (1) facilitating the commission of the crime, the culprit
ABUSE OF CONFIDENCE OR (2) OBVIOUS taking advantage of the offended party's belief that the
UNGRATEFULNESS. former would not abuse said confidence.
The confidence between the offender and the offended PLACE WHER PUBLIC CONTEMPT OR INSULT
party must be immediate and personal. AUTHORITIES ARE TO PUBLIC
ENGAGED IN THE AUTHORITIES
It is inherent in malversation, qualified theft, estafa by DISCHARGE OF THEIR (par. 2)
conversion or misappropriation and qualified seduction. DUTIES (par. 5)
The public authorities are in the performance of their
(2) OBVIOUS UNGRATEFULNESS duties.
The public authorities who The public authorities are
The ungratefulness must be obvious are in the performance of performing their duties
manifest and clear. their duties must be in outside of their offices.
their office.
1. offended party trusted the The public authority may The public authority should
offender; be the offended party. not be the offended party.
2. offender abused said trust by
committing a crime against the offended; and If it is the Malacaang palace or a church, it is
3. the act committed is with aggravating, regardless of whether State or official or
Obvious Ungratefulness. religious functions are being held.
People v. Mandolado The President need not be in the palace. His presence
123 SCRA 128 (1983) alone in any place where the crime is committed is
Facts: Mandolado and Ortillano, with Erinada enough to constitute the AC. It also applies even if he is
and Simon are trainees/draftees of the AFP. They got to not engaged in the discharge of his duties in the place
know each other and had a drinking session at the bus where the crime was committed.
terminal. The accused was drunk. He got his gun and
started firing. Erinada and Simon rode a jeep and tried However, as regards the place where the public
to escape from Mandolado and Ortillano but the two authorities are engaged in the discharge of their duties,
eventually caught up with them. The two accused shot there must be some performance of public functions.
the victims to death.
Held: There is no aggravating circumstance of Cemeteries are not places dedicated for religious
abuse of confidence. In order that abuse of confidence worship.
be deemed as aggravating, it is necessary that there
exists a relation of trust and confidence between the Offender must have the intention to commit a crime
accused and one against whom the crime was when he entered the place.
committed and that the accused made use of such a
relationship to commit the crime. It is also essential that
Par. 6. - THAT THE CRIME BE COMMITTED (1) IN
the confidence between the parties must be immediate
THE NIGHT TIME, OR (2) IN AN UNINHABITED
and personal such as would give the accused some
PLACE, OR (3) BY A BAND, WHENEVER SUCH
advantage to commit the crime. It is obvious that the
CIRCUMSTANCES MAY FACILITATE THE
accused and the victims only met for the first time so
COMMISSION OF THE OFFENSE.
there is no personal or immediate relationship upon
WHENEVER MORE THAN THREE ARMED
which confidence might rest between them.
MALEFACTORS SHALL HAVE ACTED TOGETHER IN
THE COMMISSION OF AN OFFENSE, IT SHALL BE
People v. Arrojado
DEEMED TO HAVE BEEN COMMITTED BY A BAND.
350 SCRA 679 (2001)
Facts: Arrojado is the first cousin of the victim,
Mary Ann and lived with her and her father. Arrojado These 3 circumstances may be considered separately
helped care for the victims father for which he was paid when their elements are distinctly perceived and can
a monthly salary of P1,000.00. Arrojado killed Mary Ann subsist independently, revealing a greater degree of
by stabbing her with a knife. Thereafter he claimed that perversity.
the latter committed suicide.
Held: The aggravating circumstance of abuse Nighttime, uninhabited place or band is
of confidence is present in this case. For this aggravating:
aggravating circumstance to exist, it is essential to show 1. When it facilitated the commission of the
that the confidence between the parties must be crime; or
immediate and personal such as would give the accused 2. When especially sought for by the
some advantage or make it easier for him to commit the offender to insure the commission of the crime or
criminal act. The confidence must be a means of for the purpose of impunity; or
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335 SCRA 232 (2000) their aid, for actual aid is commission of an offense.
Facts: Edwin and his daughter Aileen, and a not necessary.
relative, Fernando, were traversing a hilly portion of a
trail on their way home when they met Raelito Librando, If there are 4 armed men, aid of armed men is
Larry and Eddie. Edwin was carrying a torch at that time absorbed by employment of a band
as it was already dark. Raelito inquired from Edwin the Aid of armed men includes armed women
whereabouts of Fernando and without any warning hit
Edwin with a piece of wood. Eddie followed suit and
delivered another blow to Edwin. Edwin ran but he was Art 14, Par. 6 By a Art. 295 and 296:
chased by Raelito. Thereafter, the three men took turns Band Robbery
hitting Edwin with pieces of wood until the latter fell and Generic Aggravating Applies only to ROBBERY
died. The trial court considered nighttime and Circumstance. with unnecessary violence
uninhabited place as just one aggravating circumstance. or physical injuries under
Held: The court did not err in considering 263, par.2, 3 and 4 in
nighttime and uninhabited place as just one aggravating relation to Art, 294, par.
circumstance. The court cited the case of People vs. 3.4 and 5.
Santos where it has been held that if the aggravating
circumstances of nighttime, uninhabited place or band This aggravating circumstance shall not be considered
concur in the commission of the crime, all will constitute when:
one aggravating circumstance only as a general rule
although they can be considered separately if their both the attacking party and the party attacked were
elements are distinctly perceived and can subsist equally armed.
independently, revealing a greater degree of perversity. the accused as well as those who cooperated with him
in the commission of the crime acted under the same
Par. 7. - THAT THE CRIME BE COMMITTED ON THE plan and for the same purpose.
OCCASION OF A CONFLAGRATION, SHIPWRECK,
EARTHQUAKE, EPIDEMIC OR OTHER CALAMITY OR Par. 9. - THAT THE ACCUSED IS A RECIDIVIST.
MISFORTUNE.
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- when a person, within a period of 10 years sister of the victim and his two small children. The trial
from the date of his release or last conviction of the court convicted him as charged and sentenced him to
crimes of serious or less serious physical injuries, death.
robbery, theft, estafa or falsification, is found guilty of Held: The records show that the crime was
any of said crimes a third time or oftener. In habitual aggravated by reiteracion under Art. 14, par. 10, of The
delinquency, the offender is either a recidivist or one Revised Penal Code, the accused having been convicted
who has been previously punished for two or more of frustrated murder in 1975 and of homicide, frustrated
offenses (habituality). He shall suffer an additional homicide, trespass to dwelling, illegal possession of
penalty for being a habitual delinquent. firearms and murder sometime in 1989 where his
sentences were later commuted to imprisonment for 23
4. QUASI-RECIDIVISM years and a fine of P200,000.00. He was granted
- Any person who shall commit a felony after conditional pardon by the President of the Philippines on
having been convicted by final judgment, before 8 November 1991. Reiteracion or habituality under Art.
beginning to serve such sentence or while serving the 14, par. 10, herein cited, is present when the accused
same, shall be punished by the maximum period of the has been previously punished for an offense to which
penalty prescribed by law for the new felony. the law attaches an equal or greater penalty than that
attached by law to the second offense or for two or more
People v. Gaorana offenses to which it attaches a lighter penalty. As
289 SCRA 652 (1998) already discussed, herein accused can be convicted only
Facts: Marivel, upon instruction of Rowena of simple rape and the imposable penalty therefor is
(common-law wife of the accused) went to the house of reclusion perpetua. Where the law prescribes a single
Gaorana and saw the couple lying down. Marivel was indivisible penalty, it shall be applied regardless of the
asked to come and Rowena stood up to urinate. Gaorana mitigating or aggravating circumstances attendant to
covered her mouth and pointed a hunting knife to her the crime, such as in the instant case.
neck and raped her. The second incident of rape
occurred while Marivel was sleeping in the sala with her Par. 11. - THAT THE CRIME BE COMMITTED IN
brother and sister. Marivel did not shout because she CONSIDERATION OF A PRICE, REWARD, OR
was afraid of the accused who was a prisoner and had PROMISE.
already killed somebody.
Held: The 2 Information alleged that both
When this AC is present, there must be 2 or more
instances of rape were attended by the aggravating
principals, the one who gives or offers the price or
circumstance of quasi-recidivism. The trial court made
promise and the one who accepts it, both of whom are
no express ruling that the appellant was a quasi-
principals to the former, because he directly induces
recidivist, and rightly so. During the trial, the
the latter to commit the crime, and the latter because
prosecution manifested that appellant had been
he commits it.
convicted by the RTC and was serving sentence for the
crime of homicide. However, the prosecution failed or
When this AC is present, it affects not only the person
neglected to present in evidence the record of
who received the price or reward, but also the person
appellants previous conviction. Quasi-recidivism, like
who gave it.
recidivism and reiteracion, necessitates the presentation
of a certified copy of the sentence convicting an
The evidence must show that one of the accused used
accused. The fact that appellant was an inmate of
money or other valuable consideration for the purpose
DAPECOL does not prove that final judgment had been
of inducing another to perform the deed.
rendered against him.
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arson, crime involving destruction, and damages and Held: There is evident premeditation because
obstruction to means of communication. the 3 requisites are present. There was evident
In these cases, they do not serve to increase the premeditation where 2 hours had elapsed from the time
penalty, because they are already included by the law in the accused clung to his determination to kill the victim
defining the crimes. up to the actual perpetration of the crime.
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interval of time separating them for calculation and Held: The Court ruled that there was no
meditation. evidence directly showing any pre-conceived plan or
devise employed by accused-appellant to kill the victim.
People v. Mondijar Accused-appellant did not go to Barangay Dangdangla,
392 SCRA 356(2002) Bangued to kill the victim but to attend to some
Facts: In a previous incident, Aplacador had important matters. Accused-appellant was just invited
stabbed Mondijar, his father in law on the knee. A by his relatives, whom he had not seen for a while after
month after, Mondiijar stabbed and hacked his son-in- he changed residence, to have a drinking spree. The
law with the use of a sharp and pointed bolo which probability is that the decision to shoot the victim was
resulted to his death. made only right there and then. This should at least cast
Held: There was no evident premeditation. For reasonable doubt on the existence of a premeditated
the circumstance of evident premeditation to be plan to kill the victim. Further, the mere existence of ill-
appreciated, the prosecution must present clear and feeling or grudge between the parties is not sufficient to
positive evidence of the planning and preparation establish premeditated killing. Hence, it would be
undertaken by the offender prior to the commission of erroneous to declare that the killing of the victim was
the crime. Settled is the rule that evident premeditation, premeditated.
like any other circumstance that qualifies a killing to
murder, must be established beyond reasonable doubt
as conclusively and indubitably as the killing itself. In
the present case, no evidence was presented by the People v. Biso
prosecution as to when and how appellant planned and 400 SCRA 300 (2003)
prepared for the killing of the victim. There is no Facts: Dario, a black belt in karate, entered an
showing of any notorious act evidencing a determination eatery, seated himself beside Teresita and made sexual
to commit the crime which could prove appellant's advances to her in the presence of her brother, Eduardo.
criminal intent. Eduardo contacted his cousin, Biso, an ex-convict and a
known toughie in the area, and related to him what
People v. Torpio (supra) Dario had done to Teresita. Eduardo and Pio, and 2
Facts: While having a drinking spree in a others decided to confront Dario. They positioned
cottage, Anthony tried to let Dennis Torpio drink gin themselves in the alley near the house of Dario. When
and as the latter refused, Anthony bathed Dennis with Dario arrived on board a taxicab, the four assaulted
gin and mauled him several times. Dennis crawled Dario. Eduardo held, with his right hand, the wrist of
beneath the table and Anthony tried to stab him with a Dario and covered the mouth of Dario with his left hand.
22 fan knife but did not hit him. Dennis got up and ran The 2 others held Dario's right hand and hair. Pio then
towards their home. Upon reaching home, he got a stabbed Dario near the breast with a fan knife. Eduardo
knife. He went back to the cottage by another route stabbed Dario and fled with his three companions from
and upon arrival Anthony was still there. Upon seeing the scene.
Dennis, Anthony avoided Dennis and ran by passing the Held: There was no evident premeditation. The
shore towards the creek but Dennis met him, blocked prosecution failed to prove that the four intended to kill
him and stabbed him. When he was hit, Anthony ran Dario and if they did intend to kill him, the prosecution
but got entangled with a fishing net beside the creek failed to prove how the malefactors intended to
and fell on his back. Dennis then mounted on him and consummate the crime. Except for the fact that the
continued stabbing him resulting to the latters death. appellant and his three companions waited in an alley
Thereafter, Dennis left and slept at a grassy meadow for Dario to return to his house, the prosecution failed to
near a Camp. In the morning, he went to Estrera, a prove any overt acts on the part of the appellant and his
police officer to whom he voluntarily surrendered. cohorts showing that that they had clung to any plan to
Held: There is no evident premeditation in this kill the victim.
case. There was no sufficient interregnum from the
time Dennis was stabbed by the victim, when Dennis People v. Olazo, supra
fled to their house and his arming himself with a knife, Facts: An Information was filed with the RTC
and when he stabbed the victim. In a case of fairly against Eddie Olazo, Miguel and Charito, together with
recent vintage, it was ruled that there is no evident Rogelio, Joseph, Dionesia, Rommel and Eddie with the
premeditation when the fracas was the result, not of a crime of Robbery with Homicide alleging evident
deliberate plan but of rising tempers, or when the premeditation and taking advantage of superior strength
attack was made in the heat of anger. and conspiracy. However, both the RTC and the CA
failed to consider evident premeditation and taking
People v. Bernal advantage of superior strength as ordinary aggravating
388 SCRA 211 (2002) circumstance.
Facts: Appellant, Fernando, Felix, Rey all Held: The requirements to prove the
surnamed Bernal and the victim Pedrito went to a pub aggravating circumstance of evident premeditation are
house. Pedrito, Rey and appellant went inside while the following: (i) the time when the offender determined
Fernando and Felix waited outside. Fernando later went to commit the crime; (ii) an act manifestly indicating
inside and saw the three in a sleeping position. Fernando that the culprit has clung to his determination; and (iii)
then asked Felix to start the tricycle as they would bring sufficient lapse of time between the determination and
home the three. He first brought Pedrito out of the pub execution to allow him to reflect upon the consequences
and had him seated at the passengers seat inside the of his act. To warrant a finding of evident premeditation,
tricycle. Fernado then got appellant who was roused it must appear not only that the accused decided to
when they reached the tricycle. While Fernado was commit the crime prior to the moment of its execution,
fetching Rey, accused positioned himself at the back of but also that such decision was the result of "meditation,
Pedrito who was still asleep and discharged his firearm calculation, reflection, or persistent attempt".
twice hitting the latter on the head.
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While the SC had previously ruled that the CRAFT involves intellectual trickery and cunning on
circumstance of evident premeditation is inherent in the part of the accused. It is employed as a scheme in
Robbery, it may be considered in the special complex the execution of the crime.
crime of Robbery with Homicide if there is premeditation e.x. Where the defendants pretended to be
to kill besides stealing. Here, the evidence clearly constabulary soldiers to gain entry into the place of the
established how and when Charito and his co- victims.
conspirators hatched their plan to rob the spouses The act of the accused in pretending to be
Vallecera and likewise kill Erlinda. The first attempt of bona fide passengers of the taxicab driven by the
the malefactors to carry out their scheme was foiled and deceased, when they were not so in fact, in order not to
it was only on their second attempt that they were able arouse his suspicion, and then killing him, constituted
to consummate the conspiracy. Hence, that there were craft.
persistent attempts made by the accused sufficiently
demonstrate how determined they were to adhere to Where craft partakes of an element of the offense, the
their agreement despite the sufficient lapse of time. same may not be appreciated independently for the
Moreover, that Charito and his cohorts went to great purpose of aggravation.
lengths to hire Joseph to ferry them back and forth to
the scene of the crime shows the sobriety and FRAUD insidious words or machinations used to
circumspection surrounding their decision. Such induce the victim to act in a manner which would enable
circumstances therefore show that the crime committed the offender to carry out his design.
was a product of intent and coordination among the e.x. To enter the house, one of the accused
accused. Hence, the aggravating circumstance of shouted from the outside that they wanted to buy
evident premeditation is present in this case. cigarettes.
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Facts: Under the pretext of selling 3 cows to and property, such as robbery with physical injuries or
the victim, Labuguen convinced the victim to see the homicide.
cows and bring P40,000.00.00 with him. The two rode This AC is absorbed in treachery.
on the victims motorcycle and Labuguen lured him to Ex. One who, while fighting with another,
where he could divest the victim of his money with the suddenly casts sand or dirt upon the latters eyes and
least danger of being caught. He then boarded a bus then wounds or kills him, evidently employs means
leaving the motorcycle of the victim on the side of the which weaken the defense of his opponent.
road. The victims dead body was found on the middle of
a rice field, 50 meters from the service drop of an People v. Cabato
irrigation canal. 160 SCRA 98(1988)
Held: The generic aggravating circumstances Facts: The accused with 2 other men who are
of fraud and craft are present in this case. Craft involves still at large, armed with firearms and stones and using
intellectual trickery and cunning on the part of the face masks, entered the dwelling of the victim. They
offender. When there is a direct inducement by insidious held the victim tight as well as the wife, who was able to
words or machinations, fraud is present. By saying that scratch the face of the masked man, and as a result was
he would accompany the victim to see the cows which able to identify the accused. Not satisfied with the
the latter intended to buy, appellant was able to lure the money given by the couple, the two unknown robbers
victim to go with him. hit the victim with stone at the back of his head and the
accused did the same to the wife which caused her
Par. 15. - THAT (1) ADVANTAGE BE TAKEN OF death. The prosecution argued that since the attack was
SUPERIOR STRENGTH, OR (2) MEANS BE by a robust man of 29 years with a huge stone against
EMPLOYED TO WEAKEN THE DEFENSE. an ageing defenseless human, abuse of superior
strength should aggravate the crime.
Held: The prosecution failed to prove that
(1) SUPERIOR STRENGTH
there was indeed a notorious inequality between the
ages, sizes and strength of the antagonists and that
To TAKE ADVANTAGE of superior strength
these notorious advantages were purposely sought for
means to use purposely excessive force out of
or used by the accused to achieve his ends.
proportion to the means of defense available to the
person attacked.
People v. Ruelan
One who attacks another with passion and
231 SCRA 650(1994)
obfuscation dos not take advantage of his superior
Facts: Ruelan (20 yrs old) was hired by the
strength.
spouses Ricardo and Rosa (76 yrs old) to help them sell
An attack made by a man with a deadly
and deliver rice to their customers. One day, Rosa asked
weapon upon an unarmed and defenseless woman
Ruelan to accompany her in opening their store in the
constitutes the circumstance of abuse of that superiority
public market; she also ordered him to bring a sack and
which his SEX and the WEAPON used in the act afforded
an axe. When they were about to leave the premises,
him, and from which the woman was unable to defend
the house dog got loose and went towards the street.
herself.
Rosa got angry and scolded Ruelan. Ruelan pleaded her
No abuse of superior strength in parricide
to stop but Rosa did not so Ruelan struck her behind her
against the wife because it is inherent in the crime. It is
right ear, causing her to fall face down. He left her in a
generally accepted that the husband is physically
grassy portion beside the street and fled. He
stronger than the wife.
surrendered to the police after 2 days.
There must be evidence that the accused
Held: Although abuse of superior strength was
was physically stronger and that they abused such
proven since Ruelan was only 20 years old, whereas his
superiority. The mere fact of there being a superiority in
victim was 76 years old already, this was not pleaded in
numbers is not sufficient to bring the case within the
the information. Hence, it shall only be considered as a
aggravating circumstance.
generic circumstance in the imposition of the correct
There is abuse of superior strength when
penalty.
weapon used is out of proportion to the defense
available to the offended party.
People v. Padilla
Abuse of superior strength is absorbed in
233 SCRA 46 (1994)
treachery.
Facts: Pat. Omega was on duty when Ontuca
Abuse of superior strength is aggravating in
approached him asking for help claiming he was being
coercion and forcible abduction, when greatly in excess
maltreated by strangers. They proceeded to the place
of that required to commit the offense.
where they saw 3 men and a woman. An argument
ensued between Ontuca and the 3 men, one of which
BY A BAND ABUSE OF SUPERIOR
was Sgt. Padilla. Omega left but returned when he saw
STRENGTH
that the 3 men were ganging up on Ontuca. The latter
When the offense is The gravamen of abuse of
was stripped of his service revolver. Ontuca was pursued
committed by more than 3 superiority is the taking
by Padilla. The former, with only a piece of plywood as a
armed malefactors advantage by the culprits
defense, was shot by the latter in the head.
regardless of the of their collective strength
Held: The killing was qualified by the AC of
comparative strength of to overpower their weaker
abuse of superior strength which was alleged in the
the victim. victims.
information and proved during trial. The abuse of
superior strength is present not only when the offenders
enjoy numerical superiority, or there is a notorious
(2) MEANS EMPLOYED TO WEAKEN DEFENSE inequality of forces between the victim and the
aggressor, but also when the offender uses a powerful
This circumstance is applicable only to
crimes against persons and sometimes against person
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weapon which is out of proportion to the defense himself. In the case at bar, the victim Uldarico de Castro
available to the victim as in this case. was the one who picked a fight with the accused-
appellants because he did not like the joke by one of the
People v. Lobrigas accused-appellants. There was no evidence to show that
394 SCRA 170 (2002) the accused-appellants purposely sought and took
Facts: Frank, Marlito, both surnamed Lobrigas advantage of their number to subdue the victim.
and Mante mauled and box Taylaran who was already 76
years old. The victim died caused by severe beating and People v. Ventura
mauling on the chest portion on the victims body. 433 SCRA 389 (2004)
Held: The crime committed was murder Facts: Ventura armed with a .38 Caliber Home-
qualified by the aggravating circumstance of abuse of made Revolver and Flores armed with a bladed weapon,
superior strength. To appreciate abuse of superior entered the house of the Bocatejas by cutting a hole in
strength, there must be a deliberate intent on the part the kitchen door. Ventura announced a hold-up and hit
of the malefactors to take advantage of their greater Jaime on the head and asked for the keys. Jaime called
number. They must have notoriously selected and made out for help and tried to wrestle the gun away from
use of superior strength in the commission of the crime. Ventura. Flores then stabbed Jaime 3 times. Flores also
To take advantage of superior strength is to use stabbed Jaimes wife Aileen who had been awakened.
excessive force that is out of proportion to the means for Aileen tried to defend herself with an electric cord to no
self-defense available to the person attacked; thus, the avail. Aileen died on the hospital on the same day.
prosecution must clearly show the offenders' deliberate Held: By deliberately employing a deadly
intent to do so. weapon against Aileen, Flores took advantage of the
superiority which his strength, sex and weapon gave
People v. Barcelon him over his unarmed victim. The fact that Aileen
398 SCRA 556(2002) attempted to fend off the attack on her and her husband
Facts: Barcelon went inside the house of by throwing nearby objects, such as an electric cord, at
Amador. Thereafter, accused strangled and stabbed the appellant Flores does not automatically negate the
victim with a knife. Amador died as a result. At the time possibility that the latter was able to take advantage of
the crime was committed, Amador was a 69 year-old his superior strength
woman and Barcelon was only 29 years old.
Held: Abuse of superior strength was present Par. 16. - THAT THE ACT BE COMMITTED WITH
in the commission of the crime. The court cited the case TREACHERY (ALEVOSIA).
of People v. Ocumen, where an attack by a man with a
deadly weapon upon an unarmed woman constitutes the
TREACHERY means that the offended party
circumstance of abuse of that superiority which his sex
was not given opportunity to make a defense.
and the weapon used in the act afforded him, and from
There is treachery when the offender
which the woman was unable to defend herself.
commits any of the crimes against the person,
The disparity in age between the assailant and
employing means, methods or forms in the execution
the victim, aged 29 and 69, respectively, indicates
thereof which tend directly and specially to insure its
physical superiority on appellant's part over the
execution, without risk to himself arising from the
deceased. It did not matter that appellant was "dark"
defense which the offended party might make.
with a "slim body build" or "medyo mataba." What
mattered was that the malefactor was male and armed
REQUISITES:
with a lethal weapon that he used to slay the victim.
a. That at the time of the attack,
People v. Sansaet
the victim was not in a position to defend
376 SCRA 426 (2002)
himself; and
Facts Uldarico was drinking with 15 other men
b. That the offender consciously
that include the Sansaet brothers, Rogelio, Leopoldo and
adopted the particular means, method or form
Silverio. Because of a bad joke that cropped up, verbal
of attack employed by him.
exchanges ensued. Thereafter, Rogelio and Uldarico
Treachery does not connote the element of surprise
started hacking each other with bolos. Silverio and
alone.
Leopolo positioned themselves behind the victim and
There is no treachery when the attack is preceded by a
also hacked him. Uldarico retaliated wounding Silverio.
warning or the accused gave the deceased a chance to
Rogelio then hacked Uldarico a 2 nd time. Leopoldo and
prepare.
Rogelio continued hacking Uldarico when the latter fell.
The qualifying circumstance of treachery may not be
They then dragged Uldarico towards the river and there
simply deduced from presumption as it is necessary that
they each twice hacked Uldarico resulting to his death.
the existence of this qualifying or aggravating
Held: Mere superiority in number, even
circumstance should be proven as fully as the crime
assuming it to be a fact, would not necessarily indicate
itself in order to aggravate the liability or penalty
the attendance of abuse of superior strength. The
incurred by the culprit.
prosecution should still prove that the assailants
purposely used excessive force out of proportion to the
RULES REGARDING TREACHERY
means of defense available to the persons attacked.
a. Applicable only to crimes against
Finally, to appreciate the qualifying
persons.
circumstance of abuse of superior strength, what should
b. Means, methods or forms need
be considered is whether the aggressors took advantage
not insure accomplishment of crime.
of their combined strength in order to consummate the
c. The mode of attack must be
offense. To take advantage of superior strength means
consciously adopted.
to purposely use excessive force out of proportion to the
means available to the person attacked to defend
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Mere suddenness of the attack is not enough to Nighttime and craft are absorbed in treachery except if
constitute treachery. Such method or form of attack treachery rests upon an independent factual basis.
must be deliberately chosen by the accused.
Treachery is inherent in murder by poisoning.
ATTACKS SHOWN INTENTION TO ELIMINATE
RISK: Treachery cannot co-exist with passion and
a. Victim asleep obfuscation.
b. Victim half-awake or just awakened
c. Victim grappling or being held. People v. Calinawan
d. Attacked from behind G.R. No. 226145, 13 February 2017
There is treachery in killing a child because the Facts: Janices seven year old daughter saw
weakness of the victim due to his tender age results in Calinawan stabbing her mother in their kitchen.
the absence of any danger to the accused. Thereafter, Calinawan quickly fled the scene. Janice told
his husband that Calinawan stabbed her. After three
ADDITIONAL RULES: days, Janice died due to the severity of the injuries.
1. When the aggression is CONTINUOUS, Held: The following elements must be
treachery must be present in the BEGINNING established before the existence of treachery may be
of the assault. appreciated: (a) at the time of the attack, the victim
2. When the assault WAS NOT CONTINUOUS, in was not in a position to defend himself; and (b) the
that there was an interruption, it is sufficient accused consciously and deliberately adopted the
that treachery was present AT THE MOMENT particular means, methods, or forms of attack employed
THE FATAL BLOW WAS GIVEN. by him. The suddenness or unexpectedness alone,
however, of the attack is insufficient to support the
In treachery, it makes no difference whether or not finding of treachery. Other than Marigor's first-hand
the victim was the same person whom the accused account, no other witness actually saw the stabbing
intended to kill. incident. Obviously, her narration of the events that
When it is NOT SHOWN that the principal by induction unfolded was crucial in determining how the killing was
directed the killer of the deceased to adopt the means or perpetrated because she was the only one who actually
methods actually used by the latter in accomplishing the saw its execution. Her testimony, however, was lacking
murder, because the former left to the latter the details in details; thus, it is insufficient to conclude that the
as to how it was to be accomplished, treachery cannot killing was attended with treachery. Absent clear and
be taken into consideration as to the principal by convincing evidence on how the attack was perpetrated,
induction. the conclusion that there was treachery is nothing more
A treacherous attack is one in which the victim was but an assumption. It is unfortunate that the particular
not afforded any opportunity to defend himself or resist means, manner or method of attack was never clearly
the attack. The existence of treachery is not solely illustrated in her testimony leaving the evidence for
determined by the type of weapon used. If it appears murder wanting.
that the weapon was deliberately chosen to insure the
execution of the crime, and to render the victim People vs. Sibbu
defenseless, then treachery may be properly appreciated G.R. No. 214757, 29 March 2017
against the accused (People v. Labiaga, G.R. No. Facts: Bryan saw from a distance a person in
202867, 15 July 2013). camouflage uniform with a long firearm slung across his
chest and a black bonnet over his head. Bryan also saw
two men in crouching position at a distance of three
TREACHERY ABUSE OF MEANS meters away from the appellant. Fearing the worst,
SUPERIOR EMPLOYED TO Bryan shouted a warning to his family. Appellant then
STRENGTH WEAKEN fired upon them killing three persons. The RTC found the
DEFENSE accused guilty beyond reasonable doubt of murder and
The means, The offender The offender, attempted murder. The CA affirmed the RTCs decision.
methods or does not employ like in treachery, Held: Treachery is present when the offender
forms of attack means, methods employs means commits any of the crimes against person, employing
are employed to or forms of but the means means, methods, or forms in the execution thereof
make it attack; he only employed only which tend directly and specially to insure its execution,
impossible or takes advantage materially without risk to himself arising from the defense which
hard for the of his superior weakens the the offended party might make. In the case, the
offended party strength. resisting power evidence on record reveals that at the time of the
to defend of the offended shooting incident, the victims were at the porch of their
himself. party. house totally unaware of the impending attack. In
addition, they were all unarmed thus unable to mount a
When there is conspiracy, treachery is considered defense in the event of an attack. The use of disguise
against all the offenders. was likewise correctly appreciated as an aggravating
Treachery, evident premeditation and use of superior circumstance in this case. There could be no other
strength are, by their nature, inherent in the offense of possible purpose for wearing a bonnet over appellants
treason. face but to conceal his identity
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compound owned by Velasquez. During the couples stay Held: As a general rule, a sudden attack by
in the compound, Velasquez would notice them the assailant, whether frontally or from behind, is
frequently quarreling and Mendoza on occasions would treachery if such mode of attack was deliberately
run to Velasquez for help for the beatings inflicted on adopted by him with the purpose of depriving the victim
her by her husband. Velasquez then noticed a foul odor of a chance to either fight or retreat. The rule does not
emanating from the couples shanty which he at first apply if the attack was not pre-conceived but merely
thought to be that of a poultry feed or kaning baboy. triggered by infuriation of the appellant on an act made
With the assistance of the police who broke the shantys by the victim. In the present case, it is apparent that the
walls, the decomposing body of Mendoza was found attack was not preconceived. It was triggered by the
inside. The trial court found Umayam guilty of murder. appellant's anger because of the victim's refusal to have
Held: The qualifying circumstance of treachery a drink with the appellant and his companions.
was not established with concrete evidence. The
circumstantial evidence on record does not clearly show People v. Rebucan
that there was any conscious and deliberate effort on G.R. No. 182551 (2011)
the part of the accused to adopt any particular means, Facts: Carmela stated that at the time of the
method or form of attack to ensure the commission of incident, she was playing with a toy camera inside the
the crime without affording the victim any means to house and she was situated beside a chicken cage, near
defend herself. The conclusion that there was treachery a bench. Felipe, her grandfather was also there near the
can hardly be gleaned because the victim and Umayam bench and he was carrying Ranil, her brother, in his
were inside their shanty and no one witnessed how the right arm. Accused-appellant then came inside the
killing took place. Notably, the medical findings of the house in a sudden manner. She insisted that Ranil was
victim's cadaver show, contusions on her arms and legs, carried by Felipe when the accused-appellant entered
indicating that there may have been a quarrel prior to the house. She said that no fight or altercation occurred
the stabbing. This reasonably negates treachery. between Felipe and the accused-appellant. After Felipe
was hacked, he immediately ran outside of the
People v. Piedad house. Carmela and Jericho then ran to the back of the
393 SCRA 488 (2002) house.
The essence of treachery is a deliberate and Held: The abruptness of the unexpected
sudden attack, affording the hapless, unarmed and assault rendered Felipe defenseless and deprived him of
unsuspecting victim no chance to resist or to escape. any opportunity to repel the attack and retaliate. As
While it is true that the victim herein may have been Felipe was carrying his grandson Ranil, the child
warned of a possible danger to his person, since the unfortunately suffered the same fatal end as that of his
victim and his companion headed towards their grandfather. In the killing of Ranil, the trial court
residence when they saw the group of accused- likewise correctly appreciated the existence of
appellants coming back for them after an earlier quarrel treachery. The said circumstance may be properly
just minutes before, in treachery, what is decisive is that considered, even when the victim of the attack was not
the attack was executed in such a manner as to make it the one whom the defendant intended to kill, if it
impossible for the victim to retaliate. appears from the evidence that neither of the two
In the case at bar, Mateo did not have any chance of persons could in any manner put up defense against the
defending himself from the accused-appellant's attack or become aware of it. Furthermore, the killing of
concerted assault, even if he was forewarned of the a child is characterized by treachery even if the manner
attack. Mateo was obviously overpowered and helpless of assault is not shown. For the weakness of the victim
when accused-appellants' group numbering around due to his tender years results in the absence of any
eight, ganged up and mauled him. Luz came to Mateo's danger to the accused.
succor by embracing him and pacifying his aggressors,
but accused-appellants were unrelenting. More
importantly, Mateo could not have actually anticipated People v. Amora
the sudden landing of a large concrete stone on his G.R. No. 190322 (2014)
head. The stone was thus treacherously struck. Neither Facts: Anselmo, Aurelio, and the victim Romeo
could the victim have been aware that Lito came up were walking on their way to Sampol Market in San Jose
beside him to stab his back as persons were beating him Del Monte City. As they were making their way to the
from every direction. Lito's act of stabbing the victim market, they saw appellant in his store located on the
with a knife, inflicting a 15-cm deep wound shows right side of the street. Suddenly, appellant rushed
deliberate intent of using a particular means of attack. towards them and stabbed Romeo twice - one on the
Considering the location of the injuries sustained by the chest and another on the abdomen. They were all
victim and the absence of defense wounds, Mateo caught by surprise due to the suddenness of the attack.
clearly had no chance to defend himself. Romeo fell to the ground while appellant quickly ran
away from the scene.
People v. Dumadag Held: The appellants sudden attack on Romeo
432 SCRA 65 (2004) amply demonstrates that treachery was employed in the
Facts: Prudente with his friends including commission of the crime. It is of no consequence that
Meliston agreed to meet at a swimming pool to celebrate appellant was in front of Romeo when he thrust the
the feast of St. John. On their way home, there was knife to his torso. Records show that appellant initially
heavy downpour so they decided to take a shelter at a came from behind and then attacked Romeo from the
store where 2 men, 1 of whom is Dumadag are having front. In any event, "[e]ven a frontal attack could be
some drinks. Dumadag offered Prudente a drink of treacherous when unexpected and on an unarmed victim
Tanduay but the latter refused then left. Dumadag who would be in no position to repel the attack or avoid
followed Prudente and stabbed the victim on his breast it," as in this case. Undoubtedly, the RTC and CA
with a knife which resulted to his death. correctly held that the crime committed was murder
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under Article 248 of the RPC by reason of the qualifying was caught off guard by the sudden and deliberate
circumstance of treachery. attack coming from the appellant, leaving him with no
opportunity to raise any defense against the attack.
People v. Libre Also, appellant deliberately and consciously adopted his
G.R. No. 192790 (2016) mode of attack by using a gun and made sure that
There is treachery when the killing was Montegrico, who was unarmed, would have no chance to
committed through an unexpected and sudden attack defend himself. Hence, the accused is guilty of two
which renders the victim unable and unprepared to put counts of murder and one count of frustrated murder.
up a defense.
There is treachery when the offender commits People v. Buenafe
any of the crimes against the person, employing means, G.R. No. 212930 (2016)
methods or forms in the execution thereof which tend Facts: Appellant and two (2) unidentified men
directly and specially to insure its execution, without risk alighted from a vehicle and thereafter, while Rommel
to himself arising from the defense which the offended was unwarily texting inside a tent, the two men
party might make. The essence of treachery is that the suddenly restrained his arms behind his back.
attack comes without a warning and in a swift, Subsequently, appellant approached Rommel and
deliberate, and unexpected manner, affording the delivered several blows to his abdomen until he
hapless, unarmed, and unsuspecting victim no chance to crumpled to the ground. After which, appellant walked
resist or escape. towards a nearby hut while the two men dragged
Respondents attack was well-planned and the Rommel. Inside the hut, appellant shot the victim using
series of events that transpired clearly established a lead pipe ("sumpak").
conspiracy among them. First, the perpetrators Held: In this case, the victim was merely
undoubtedly acted in concert as they went to the house unwarily texting inside the tent when the two men held
of Ruben together, each with his own firearms. Second, him from behind so that the appellant can deliver blows
the perpetrators used Lucy Sabando and her child to to his abdomen. The victim was too unprepared and
trick Ruben and ensure that he will come out of the helpless to defend himself against these three men.
house clueless to their presence. Third, after a moment Furthermore, appellant's acts of dragging him to the
of struggling, Caman immediately shot Ruben Barte at nearby hut and using a lead pipe (sumpak) evidently
the back. Fourth, perpetrators simultaneously strafed shows that he consciously adopted means to ensure the
Barte's house for a long period to ensure that those execution of the crime. Thus, treachery is appreciated.
inside the house are likewise killed. Fifth, despite Juanita
Barte's plea to stop shooting as there were children with Rustia v. People
them, the shooting continued thus manifesting clear G.R. No. 208351 (2016)
intent to kill. Lastly, when they ceased firing, they There is no treachery when the killing was
rested at the same time and fled together. The committed during the heat of an argument.
suddenness and unexpectedness of the assault deprived Treachery exists when the following elements
the victims of an opportunity to resist it or offer any are present: (a) at the time of the attack, the victim was
defense of their persons. Clearly, the victims were not in a position to defend himself; and (b) the accused
unaware that they would be attacked by accused with a consciously and deliberately adopted the particular
hail of bullets from their firearms. In fact, they were means, methods, or forms of attack employed by him.
already in bed when Lucy Sabando called for help which Thus, it is not sufficient that the victim was unable to
prompted Ruben Barte to come out of the house. Hence, defend himself. It must be clearly shown that the
the subsequent shooting was deliberate, unexpected, accused consciously adopted such mode of attack to
swift and sudden which foreclosed any escape, facilitate the perpetration of the killing without risk to
resistance or defense coming from the victims. himself. Since the killing of the victim was committed in
the heat of their argument, it is quite clear that
People v. Oandasan Benjamin, Jr. had not consciously adopted his mode of
G.R. No. 194605 (2016) attack in killing the victim. The fact remains that it was
Facts: Three informations were filed against the victim who had brought the gun to the meeting. To
Oandasan, two of which were for murder involving the establish the attendance of treachery in such an
fatal shooting of Tamanu and Montegrico, and the third environment, the Prosecution's evidence must
was for frustrated homicide involving the near-fatal competently and convincingly show that the accused
shooting of Paleg alleging treachery in all the made some preparation to kill the victim; hence, a
informations. The trial court properly appreciated the killing done at the spur of the moment cannot be
attendance of treachery and pronounced that Oandasan treacherous. Even where the victim was shot from
guilty of murder for the fatal shooting of Montegrico. behind, if the shooting was done in the course of a
However, the trial court pronounced Oandasan guilty of heated argument between the victim and the assailant,
homicide for killing Tamanu and frustrated homicide as treachery should not be appreciated, for in that
to the wounding of Paleg, on the basis that treachery situation, the assailant was filled with anger and rage
was not shown to be attendant which was affirmed by and excitement, and had no time to reflect on his
the CA. actions; in other words, he could not be shown to have
Held: Treachery is also attendant in the consciously adopted the mode of attacking the victim
shooting of Tamanu and Paleg The evidence in this case from behind to facilitate the killing without risk to
shows that the attack was unexpected and swift. himself.
Montegrico and his friends were just drinking outside the
bunkhouse when the appellant suddenly appeared from People v. Berk
the back of a dump truck, walked towards their table G.R. No. 204896 (2016)
and, without any warning, fired at Montegrico. This shot Facts: Berk and his co-accused Serencio were
was followed by more shots directed at Montegrico's charged with Murder for the death of Disu. During
friends, Tamanu and Paleg. Indisputably, Montegrico arraignment, Berk pleaded not guilty to the crime
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charged. Serencio remains at large. After trial, the RTC accused to the single indivisible penalty of reclusion
gave credence to the eyewitness accounts of Marbie and perpetua. It has been held that where the accused in
Loreto of Berks liability in the killing of the victim and committing the rape used not only the missionary
found him guilty of Murder, qualified by treachery which position, the AC of ignominy attended the commission
was affirmed by the Court of Appeals. thereof.
Held: In the prosecution of the crime of
murder as defined in Article 248 of the Revised Penal People v. Cachola
Code (RPC), the following elements must be established 420 SCRA 520 (2004)
by the prosecution: (1) that a person was killed; (2) Facts: Jessie was about to leave their house to
that the accused killed that person; (3) that the killing watch cartoons in his uncle's house next door when
was attended by treachery; and (4) that the killing is not accused suddenly entered the front door of their house.
infanticide or parricide. They ordered Jessie to drop to the floor, and then hit
The prosecution ably established the presence him in the back with the butt of a long gun. Without
of the element of treachery as a qualifying circumstance. much ado, the intruders shot to death Jessie's uncle,
The shooting of the unsuspecting victim was sudden and Victorino who was then in the living room. Jessie
unexpected which effectively deprived her of the chance forthwith crawled and hid under a bed, from where he
to defend herself or to repel the aggression, insuring the saw the feet of a third man who had also entered the
commission of the crime without risk to the aggressor house. The men entered the kitchen and continued
and without any provocation on the part of the victim. shooting. When the rampage was over and after the
malefactors had already departed, Jessie came out of his
People v. Salahuddin (supra) hiding place and proceeded to the kitchen. There he saw
The essence of treachery is the sudden attack his mother, Carmelita; his brother Felix.; and his cousin
by the aggressor without the slightest provocation on Rubenson all slaughtered. The death certificate of
the part of the victim, depriving the latter of any real Victorino reveals that his penis was excised.
chance to defend himself, thereby ensuring the Held: Ignominy cannot be appreciated in this
commission of the crime without risk to the aggressor. case. For ignominy to be appreciated, it is required that
Two conditions must concur for treachery to exist, the offense be committed in a manner that tends to
namely, (a) the employment of means of execution gave make its effect more humiliating, thus adding to the
the person attacked no opportunity to defend himself or victim's moral suffering. Where the victim was already
to retaliate; and (b) the means or method of execution dead when his body or a part thereof was dismembered,
was deliberately and consciously adopted. ignominy cannot be taken against the accused. In this
case, the information states that Victorino's sexual
Par. 17. - THAT MEANS BE EMPLOYED OR organ was severed after he was shot and there is no
CIRCUMSTANCES BROUGHT ABOUT WHICH ADD allegation that it was done to add ignominy to the
IGNOMINY TO THE NATURAL EFFECTS OF THE ACT. natural effects of the act. We cannot, therefore, consider
ignominy as an aggravating circumstance.
IGNOMINY it is a circumstance pertaining to the
People v. Bumidang
moral order, which adds disgrace and obloquy to the
346 SCRA 807(2000)
material injury caused by the crime.
Facts: Baliwang Bumidang raped Gloria in front
of her 80 year old father, Melecio. Melecio helplessly saw
This AC is applicable to crimes against chastity and
the accused rape her daughter but did not move
persons.
because he was too afraid and weak. Before raping the
victim, Baliwang examined the genitals of Gloria with a
When the accused raped a woman after winding cogon
flashlight.
grass around his genital organ, he thereby augmented
Held: The aggravating circumstance of
the wrong done by increasing its pain and adding
ignominy shall be taken into account if means are
ignominy thereto (People v. Torrefiel).
employed or circumstances brought about which add
* NOTE: According to Professor Ambion, this is
ignominy to the natural effects of the offense; or if the
not ignominy but cruelty.
crime was committed in a manner that tends to make its
effects more humiliating to the victim, that is, add to her
The means employed or the circumstances brought
moral suffering. It was established that Baliwang used
about must tend to make the effects of the crime MORE
the flashlight and examined the genital of Gloria before
HUMILIATING or TO PUT THE OFFENDED PARTY TO
he ravished her. He committed his bestial deed in the
SHAME.
presence of Gloria's old father. These facts clearly show
ex. When the accused raped a married woman
that Baliwang deliberately wanted to further humiliate
in the presence of her husband.
Gloria, thereby aggravating and compounding her moral
sufferings. Ignominy was appreciated in a case where a
People v. Siao
woman was raped in the presence of her betrothed, or
327 SCRA 231 (2000)
of her husband, or was made to exhibit to the rapists
Facts: Estrella worked as a housemaid of Rene
her complete nakedness before they raped her.
Siaos family. One day, Rene ordered Reylan, their
houseboy, to bring Estrella to a room. While holding a
gun, Rene forced Reylan to have sex with Estrella (oral
sex, missionary position, and in the manner dogs Par. 18. - THAT THE CRIME BE COMMITTED AFTER
perform sexual intercourse). AN UNLAWFUL ENTRY.
Held: The accused was held guilty of rape with THERE IS AN UNLAWFUL ENTRY WHEN AN
the use of a deadly weapon, which is punishable by ENTRANCE IS EFFECTED BY A WAY NOT INTENDED
reclusion perpetua to death. But the trial court FOR THE PURPOSE.
overlooked and did not take into account the
aggravating circumstance of ignominy and sentenced
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There is unlawful entry when an entrance is effected carrying away the effects thereof, and if facilitating their
by a way not intended for the purpose. escape.
Unlawful entry must be a means to effect entrance and If the motor vehicle was used only in
not for escape. facilitating the escape, it should not be an aggravating
There is no unlawful entry when the door is broken circumstance.
and thereafter the accused made an entry thru the Estafa, which is committed by means of
broken door. The breaking of the door is covered by deceit or abuse of confidence, cannot be committed by
paragraph 19. means of motor vehicle.
Theft, which is committed by merely taking
RATIONALE FOR PAR. 18: One who acts, not respecting personal property which need not be carried away,
the walls erected by men to guard their property and cannot be committed by means of motor vehicles.
provide for their personal safety, shows a greater or other similar means the expression
perversity, a greater audacity; hence, the law punishes should be understood as referring to MOTORIZED
him with more severity. vehicles or other efficient means of transportation
similar to automobile or airplane.
This AC is inherent in robbery with force upon things.
Dwelling and unlawful entry is taken separately in Par. 21. - THAT THE WRONG DONE IN THE
murders committed in a dwelling. COMMISSION OF THE CRIME BE DELIBERATELY
Unlawful entry is not aggravating in trespass to AUGMENTED BY CAUSING OTHER WRONG NOT
dwelling. NECESSARY FOR ITS COMMISSION.
People v. Baello
CRUELTY
224 SCRA 218 (1993)
There is cruelty when the culprit enjoys and
Facts: Brgy. Captain Borja awoke one night to
delights in making his victim suffer slowly and gradually,
find out that their front door was open and that their TV
causing him unnecessary physical pain in the
set was missing. He and his wife saw their dead
consummation of the criminal act.
daughter lying in bed. The TV set was recovered by the
police at the house of Tadifo, Baellos brother-in-law.
For cruelty to exist, it must be shown that the accused
Tadifo claimed that Baello and Jerry had an agreement
enjoyed and delighted in making his victim suffer.
to rob the house of Borja. It was Jerry who killed Borjas
daughter because it was he who was left inside the
REQUISITES:
house.
1. That the injury caused be deliberately
Held: The aggravating circumstances of
increased by causing other wrong;
unlawful entry was properly appreciated against the
2. That the other wrong be unnecessary for
accused as he and his companion, Jerry, had entered
the execution of the purpose of the
the Borja residence through the second floor window, a
offender.
way not intended for ingress.
Cruelty refers to physical suffering of victim purposely
Par. 19. - THAT AS A MEANS TO THE COMMISSION intended by offender.
OF A CRIME, A WALL, ROOF, FLOOR, DOOR, OR Plurality of wounds alone does not show cruelty.
WINDOW BE BROKEN. There is no cruelty when other wrong was done after
the victim was dead.
To be considered as an AC, breaking the door must be
utilized as a means to the commission of the crime. IGNOMINY CRUELTY
Involves moral suffering. Refers to physical
It is only aggravating in cases where the offender suffering.
resorted to any of said means TO ENTER the house. If
the wall, etc. is broken in order to get out of the place, it People v. Lacao
is not aggravating. 60 SCRA 89 (1974)
Facts: Gallardo, coming from a gathering,
Par. 19 Par. 18 decided to go home. As he was descending the stairs
It involves the breaking Presupposes that there is Baltazar followed him and stabbed him with a knife at
(rompimiento) of the no such breaking as by the right side of his body. Baltazar tried to pull out the
enumerated parts of the entry is through the knife. Gallrado ran. When the latter reached the bamboo
house. window grove, he was assaulted by David and his son, Salvador,
Jose and Federico. Gallardo sustained 14 wounds by
Par. 20. - THAT THE CRIME BE COMMITTED (1) different bladed instruments. His assailants dragged him
WITH THE AID OF PERSONS UNDER FIFTEEN to the field. He died later. It was found that each of the
YEARS OF AGE (SEE R.A 9344) OR (2) BY MEANS 9 wounds could have caused his death if there were no
OF MOTOR VEHICLES, MOTORIZED WATERCRAFT, timely medical assistance.
AIRSHIPS, OR OTHER SIMILAR MEANS. (AS Held: The numerousness of wound is not the
AMENDED BY RA 5438). criterion for appreciating cruelty. The test is whether the
accused deliberately and sadistically augmented the
wrong by causing another wrong not necessary for its
(1) WITH THE AID OF PERSONS UNDER 15 YEARS
commission or inhumanly increased the victims
OF AGE
suffering or outraged or scoffed at his person or corpse.
(2) BY MEANS OF A MOTOR VEHICLE
It is aggravating where the accused used the
People v. Ilaoa (supra)
motor vehicle in going to the place of the crime, in
The fact that Nestors decapitated body bearing
43 stab wounds, 24 of which were fatal, was found
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Whenever the rape is committed with the use of a deadly Under R.A. No. 7659 otherwise known as
weapon or by two or more persons, the penalty shall be the Organized/Syndicated Crime Group:
prision mayor to reclusion temporal.
When by reason or on the occasion of the rape, The maximum penalty shall be imposed if the
the victim has become insane, the penalty shall be reclusion offense was committed by any person who belongs to
temporal. any organized / syndicated crime group.
When the rape is attempted and a homicide is
committed by reason or on the occasion thereof, the penalty Owner, driver or passenger of carnapped
shall be reclusion temporal to reclusion perpetua. vehicle is killed or raped:
When by reason or on the occasion of the rape,
homicide is committed, the penalty shall be reclusion
The penalty of life imprisonment to death is
perpetua.
imposed.
Reclusion temporal shall also be imposed if the
rape is committed by any of the ten aggravating/qualifying
circumstances mentioned in this article. People v. Balgos
323 SCRA 372 (2000)
Article 266-C. Effect of Pardon - The subsequent Facts: Balgos was accused of raping a 6-year
valid marriage between the offender and the offended party old child named Criselle. While the victim was playing,
shall extinguish the criminal action or the penalty imposed. the accused asked his nieces to go outside and buy
In case it is the legal husband who is the offender, the cheese curls. When they left, the accused opened his
subsequent forgiveness by the wife as the offended party zipper and made Criselle hold his penis. The 2 girls came
shall extinguish the criminal action or the penalty. Provided, back and he asked them to go out and buy more cheese
That the crime shall be extinguish or the penalty shall not be curls. When they left, he locked the door and had carnal
abated if the marriage is void ab initio. knowledge with Criselle. The accused cannot penetrate
the victims organ. The lower court convicted the
Article 266-D. Presumptions. - Any physical accused of qualified rape.
overt act manifesting resistance against the act of rape in
Held: The trial court was correct. Under Art.
any degree from the offended party, or where the offended
335 of the RPC as amended by RA 7659 and further
party is so situated as to render her/him incapable of giving
valid consent, may be accepted as evidence in the amended by RA 8353, the penalty of death shall be
prosecution of the acts punished under Article 266-A." imposed if the crime of rape is committed against a child
SECTION 3. Separability Clause.- If any part, below 7 years of age. There is no dispute that the victim
section, or provision of this Act is declared invalid or was 6 years of age when the accused had carnal
unconstitutional, the other parts thereof not affected thereby knowledge with her.
shall remain valid.
People v. Ladjaalam
SECTION 4. Repealing Clause.- Article 335 of 340 SCRA 617(2000)
Act No. 3815, as amended, and all laws, acts presidential Facts: Accused who is maintaining a drug den
decrees, executive orders, administrative orders, rules and fired an unlicensed M-14 rifle at the policemen who were
regulations, inconsistent with or contrary to the provisions of about to enter his house to serve a search warrant.
this Act are deemed amended, modified or repealed Held: If an unlicensed firearm is used in the
accordingly.
commission of any crime, there can be no separate
offense of simple illegal possession of firearms. Hence, if
SECTION 5. Effectivity. - This Act shall take
effect fifteen (15) days after completion of its publication in the "other crime" is murder or homicide, illegal
two (2) newspapers of general circulation. possession of firearms becomes merely an aggravating
circumstance, not a separate offense. Since direct
assault with multiple attempted homicide was
Under Republic Act No. 10591, otherwise
committed in this case, appellant can no longer be held
known as the Comprehensive Firearms and
liable for illegal possession of firearms.
Ammunition Regulation Act:
Moreover, penal laws are construed liberally in
favor of the accused. In this case, the plain meaning of
If the use of a loose firearm is inherent in the
RA 8294's simple language is most favorable to herein
commission of a crime punishable under the RPC or
appellant. Verily, no other interpretation is justified, for
other special laws the use of loose firearm is an
the language of the new law demonstrates the
aggravating circumstance. Hence, the penalty for the
legislative intent to favor the accused. Accordingly,
use of a loose firearm is not imposed (Sec. 29).
appellant cannot be convicted of 2 separate offenses of
illegal possession of firearms and direct assault with
However, if the crime is committed by the
attempted homicide. Since the crime committed was
person without using the loose firearm, the violation of
direct assault and not homicide or murder, illegal
this law shall be considered as a distinct and separate
possession of firearms cannot be deemed an
offense (Sec. 29).
aggravating circumstance. (Decided under the old law)
Under R.A. No. 9165, as amended,
otherwise known as the Comprehensive 5. ALTERNATIVE CIRCUMSTANCES
Dangerous Drugs Act of 2002:
Alternative circumstances are those which must be
Notwithstanding the provisions of any law to
taken into consideration as AGGRAVATING or
the contrary, a positive finding for the use of dangerous
MITIGATING according to the nature and effects of the
drugs shall be a qualifying aggravating circumstance in
crime and the other conditions attending its commission.
the commission of a crime by an offender, and the
application of the penalty provided for in the Revised
Penal Code shall be applicable (Sec. 25). Art. 15. Their concept. Alternative circumstances
are those which must be taken into consideration as
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aggravating or mitigating according to the nature and relationship is MITIGATING if the offended party is a
effects of the crime and the other conditions attending relative of lower degree and AGGRAVATING if the
its commission. They are the relationship, intoxication offended party is a relative of a higher degree than the
and the degree of instruction and education of the offender.
offender.
The alternative circumstance of relationship shall be When the crime against persons is homicide or
taken into consideration when the offended party is the murder, relationship is aggravating even if the victim of
spouse, ascendant, descendant, legitimate, natural, or the crime is a relative of lower degree.
adopted brother or sister, or relative by affinity in the
same degrees of the offender. Relationship is mitigating in trespass to dwelling.
The intoxication of the offender shall be taken into
consideration as a mitigating circumstances when the Relationship is neither mitigating nor aggravating,
offender has committed a felony in a state of when relationship is an element of the offense.
intoxication, if the same is not habitual or subsequent to
the plan to commit said felony but when the intoxication In crimes against chastity, relationship is always
is habitual or intentional, it shall be considered as an aggravating.
aggravating circumstance. - Because of the nature and effect of the crime
committed, it is considered AGGRAVATING although the
The alternative circumstances are: offended party is a relative of lower degree.
a. RELATIONSHIP
b. INTOXICATION People v. Atop
c. DEGREE OF INSTRUCTION AND 286 SCCRA 157 (1998)
EDUCATION OF THE OFFENDER Facts: 11-year-old Regina lives with her
grandmother. Atop is the common-law husband of her
grandmother. Atop was found guilty of 4 counts of rape
which was committed in 1993 (2x), 1994 and 1995. The
lower court took into account the aggravating
a. RELATIONSHIP circumstance of relationship.
Held: The law cannot be stretched to include
This is taken into consideration when the persons attached by common-law relations. In this case,
offended party is the: there is no blood relationship or legal bond that links
a. spouse Atop to his victim.
b. ascendant
c. descendant People v. Marcos
d. legitimate, natural or adopted brother or 349 SCRA 537 (2001)
sister Facts: Virgilio arrived at the house of the
e. relative by affinity in the same degree of Marcoses and proceeded to the artesian well (jetmatic)
the offender located just at the back of the house. Virgilio bent down
to put on the ground the tools he was carrying. Cesar
As a rule, relationship is MITIGATING in crimes against then came out of the kitchen door with a bolo in hand
property by analogy to the provisions of Art. 332. and suddenly hacked Virgilio from behind. Virgilio was
- Under Art. 332 of the RPC, no criminal, but hit on the nape of the neck which caused him to fall to
only civil, liability shall result from commission of the the ground. Then Cesar hacked him again and this time
crime of theft, swindling or malicious mischief Virgilio was hit on the right side of the head. Virgilio is
committed or caused mutually by spouses, ascendants, the elder brother of Cesar.
and descendants, or relatives by affinity in the same Held: In order that the alternative
line; brothers and sisters and brothers-in-law and circumstance of relationship may be taken into
sisters-in-law, if living together. consideration in the imposition of the proper penalty,
- Relationship becomes actually an exempting the offended party must either be the (a) spouse, (b)
circumstance since there is no occasion to consider a ascendant, (c) descendant, (d) legitimate, natural or
mitigating or an aggravating circumstance because there adopted brother or sister, or (e) relative by affinity in
is no criminal liability. the same degree, of the offender. In the case at bar,
Cesar and Virgilio Marcos are brothers. Accused likewise
It is aggravating in CRIMES AGAINST PERSONS in declared that Virgilio is his brother. That the victim is
cases where the offended party is a relative of a higher the elder brother of Cesar is likewise alleged in the
degree than the offender, or when the offender and the Information. The rule is that relationship is aggravating
offended party are relatives of the same level, as killing in crimes against persons as when the offender and the
a brother, a brother-in-law, a half-brother or adopted offended party are relatives of the same level such as
brother. killing a brother. Thus, relationship was correctly
appreciated as an aggravating circumstance.
When the CRIME AGAINST PERSONS is any of the
SERIOUS PHYSICAL INJURIES (Art. 263), even if the b. INTOXICATION
offended party is a descendant of the offender,
relationship is an AGGRAVATING CIRCUMSTANCE. MITIGATING
- But the serious physical injuries must not be a. if intoxication is not habitual, or
inflicted by a parent upon his child by excessive b. if intoxication is not subsequent to the
chastisement. plan to commit a felony.
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b. if it is intentional (subsequent to the plan and education is aggravating, when the offender avails
to commit a felony) himself of his learning in committing the crime.
- It is intentional when the offender
drinks liquor fully knowing its effects, to find in LACK OF INSTRUCTION, AS MITIGATING
the liquor a stimulant to commit a crime or a - Lack of instruction cannot be taken into
means to suffocate any remorse. account where the defendant admitted that he studied in
the first grade in a public elementary school. Art. 15
When the offender has committed a felony in a state applies only to him who really has not received any
of intoxication. instruction.
- This clause means that the offenders mental
faculties must be affected by drunkenness. Not illiteracy alone, but also lack of sufficient
- The accuseds state of intoxication must be intelligence are necessary to invoke the benefit of the
proved. alternative circumstance of lack of instruction, the
determination of which is left to the trial court.
WHEN THE INTOXICATION IS HABITUAL
- A habitual drunkard is one given to Lack of sufficient instruction is not mitigating when the
intoxication by excessive use of intoxicating drinks. The offender is a city resident who knows how to sign his
habit should be actual and confirmed, but it is not name.
necessary that it be continuous or by daily occurrence.
Lack of instruction must be proved positively and
People v. Renejane directly and cannot be based on mere deduction or
158 SCRA 258 (1988) inference.
Facts: The accused was convicted for the crime
of murder of 1 policeman and his companion. It was The question of lack of instruction cannot be raised for
found that Renejane was with these 2 persons and some the first time in appellate court.
other people and they were having a drinking session
when the incident took place. It was also found that the Ordinarily, LOW DEGREE OR LACK OF INSTRUCTION
policeman apprehended Renejane a month before the IS MITIGATING IN ALL CRIMES.
incident for illegal possession of marijuana. Exceptions:
Held: Drunkenness is not necessarily an (1) crimes against property such as estafa, theft,
aggravating circumstance. The fact that the accused robbery arson except theft of large cattle and robbery
drank liquor prior to the commission of the crime did not with homicide.
necessarily qualify such action as an aggravating (2) crimes against chastity
circumstance. Intoxication is aggravating if it is habitual (3) treason: because love of country should be a
or intentional. There is no finding of either by the lower natural feeling of every citizen, however unlettered or
court. The affair was an ordinary drinking party. Neither uncultured he may be
can this be considered as a mitigating circumstance in (4) murder: because to kill is forbidden by
the absence of proof that the intake of alcoholic drinks natural law which every rational being is endowed to
was of such quantity as to blur the appellants reason know and feel.
and deprive him of a certain degree of control.
HIGH DEGREE OF INSTRUCTION, AS AGGRAVATING
People v. Camano
115 SCRA 688 (1982) Degree of instruction is aggravating when the
Facts: After the accused had been drinking offender availed himself or took advantage of it in
liquor, he stabbed twice the victim Pascua with a bolo committing the crime.
while the latter was walking along the barrio street.
After hacking and stabbing to death the victim, the
accused proceeded to the seashore and on finding
ABSOLUTORY CAUSES AND OTHER
Buenaflor hacked the latter with the same bolo. SPECIAL SITUATIONS
Held: Intoxication is mitigating if accidental,
and neither habitual nor intentional, that is, no Absolutory causes are those where the act
subsequent to the plan to commit the crime. It is committed is a crime but for reasons of public policy and
aggravating if habitual or intentional. To be mitigating, it sentiment there is no penalty imposed.
must be indubitably proved. A habitual drunkard is one
given to intoxication by excessive use of intoxicating a. ENTRAPMENT AND INSTIGATION
drinks. The habit should be actual and confirmed. It is
unnecessary that it be a matter of daily occurrence. It ENTRAPMENT INSTIGATION
lessens individual resistance to evil thought and Ways and means are The instigator practically
undermines will-power making its victim a potential evil resorted to for the purpose induces the would-be
doer. of trapping and capturing accused into the
The intoxication of the appellant not being the lawbreaker in the commission of the offense
habitual and considering that the said appellant was in a execution of his criminal and himself becomes a co-
state of intoxication at the time of the commission of the plan principal.
felony, the alternative circumstance of intoxication
The means originate from The law enforcer conceives
should be considered mitigating.
the mind of the criminal. the commission of the
crime and suggests to the
c. DEGREE OF INSTRUCTION AND EDUCATION OF
accused who adopts the
THE OFFENDER
idea and carries it into
Low degree of instruction and education or lack
execution.
of it is generally mitigating. High degree of instruction
A person has planned or is A public officer or a private
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about to commit a crime detective induces an Yap instructed Congzon to get the money from the car.
and ways and means are innocent person to commit Congzon returned and gave the "boodle money" to Atty.
resorted to by a public a crime and would arrest Yap who handed the money to Pacis. Upon Pacis' receipt
officer to trap and catch him upon or after the of the payment, the officers identified themselves as NBI
the criminal. commission of the crime agents and arrested him.
by the latter. Held: The operation that led to the arrest of
Not a bar to the The accused must be appellant was an entrapment, not instigation. In
prosecution and conviction acquitted. entrapment, ways and means are resorted to for the
of the lawbreaker. purpose of trapping and capturing lawbreakers in the
execution of their criminal plan. In instigation on the
People v. Lua Chu and Uy Se Ting other hand, instigators practically induce the would-be
56 Phil. 44 (1931) defendant into the commission of the offense and
Facts: Samson was the chief of customs secret become co-principals themselves. It has been held in
service in Cebu and Natividad was the former collector numerous cases by this Court that entrapment is
of customs. He was instructed to make sure that the sanctioned by law as a legitimate method of
shipment containing opium shall be unloaded in the apprehending criminal elements engaged in the sale and
country. He went along the plan and then he informed distribution of illegal drugs.
the Philippine Constabulary of all that had taken place
and they discussed a plan to capture the opium owners. b. EFFECT OF PARDON
Held: The mere fact that the chief of customs
secret service pretended to agree to a plan for RPC, Art. 23. Effect of pardon by the offended
smuggling illegally imported opium through the party. A pardon of the offended party does not
customhouse, in order the better to assure the seizure extinguish criminal action except as provided in Article
of said opium and the arrest of its importers, is no bar to 344 of this Code; but civil liability with regard to the
the prosecution and conviction of the accused. interest of the injured party is extinguished by his
Samson did not induce nor instigate the express waiver.
accused to import the opium but merely pretended to
have an understanding with the collector of customs.
There is nothing immoral in this or against the public R.A. No. 8353. Anti-Rape Law of 1997.
good which should prevent the government from Article 266-C. Effect of Pardon - The
prosecuting and punishing the culprits, for this is not a subsequent valid marriage between the offender and the
case where an innocent person is induced to commit a offended party shall extinguish the criminal action or the
crime merely to prosecute him, but it is simply a trap penalty imposed.
set to catch a criminal. In case it is the legal husband who is the
offender, the subsequent forgiveness by the wife as the
Araneta v. CA offended party shall extinguish the criminal action or the
142 SCRA 532 (1986) penalty. Provided, That the crime shall not be extinguish
Facts: Atty. Araneta was the hearing officer of or the penalty shall not be abated if the marriage is void
the Dept. of Labor in Cabanatuan while Mrs. Yoyongco is ab initio.
the widow of a government employee. The latter went to
see Araneta regarding her claim for death compensation
A pardon by the offended party does not
and Araneta asked for P100 for her claim to be
extinguish criminal action because a crime is an offense
processed. The widow reported this to the PC and the PC
against the State. In criminal cases, the intervention of
decided to entrap Araneta. The entrapment was
the aggrieved parties is limited to being witnesses for
successful and Atty. Araneta was charged for violating
the prosecution.
the anti-graft law.
Compromise does not extinguish criminal liability.
Held: Entrapment is not a defense in a criminal
The offended party in crimes of adultery and
case. It is different from instigation. There is instigation
concubinage cannot institute criminal prosecution, if he
when the accused was induced to commit the crime. In
shall have consented or pardoned the offenders.
entrapment, the mens rea originates from the mind of
- the pardon here may be implied, as
the criminal. Entrapment does not exempt the criminal
continued inaction of the offended party after learning
from liability.
the offense.
- both offenders must be pardoned by the
People v. Pacis
offended party.
384 SCRA 684 (2002)
Facts: Atty. Yap, supervising agent of the
c. ABSOLUTORY CAUSES
Dangerous Drugs Division-NBI, received information that
Pacis was offering to sell kg of "shabu." A buy-bust
operation was approved. Yap and Senior Agent Congzon, Art. 6(3). - There is an attempt when the offender
Jr., were assigned to handle the case. Yap, Congzon commences the commission of a felony directly or over
and the informant then went to the house of Pacis. The acts, and does not perform all the acts of execution
informant introduced Yap to Pacis as interested buyer. which should produce the felony by reason of some
They negotiated the sale of kg of shabu. It was cause or accident other than this own spontaneous
agreed that payment and delivery of shabu would be desistance.
made on the following day. The next day, the NBI
agents and the informant went to Pacis's house as Art. 7. When light felonies are punishable.
agreed. Pacis handed to Yap a paper bag with markings Light felonies are punishable only when they have been
"yellow cab". When he opened the bag, Yap found a consummated, with the exception of those committed
transparent plastic bag with white crystalline substance against person or property.
inside. While examining it, Pacis asked for the payment.
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Art. 16. Who are criminally liable. The The exemption established by this article shall
following are criminally liable for grave and less grave not be applicable to strangers participating in the
felonies: commission of the crime.
1. Principals.
2. Accomplices. Art. 344. Prosecution of the crimes of adultery,
3. Accessories. concubinage, seduction, abduction, rape and acts
of lasciviousness. The crimes of adultery and
Art. 20. Accessories who are exempt from concubinage shall not be prosecuted except upon a
criminal liability. The penalties prescribed for complaint filed by the offended spouse.
accessories shall not be imposed upon those who are The offended party cannot institute criminal
such with respect to their spouses, ascendants, prosecution without including both the guilty parties, if
descendants, legitimate, natural, and adopted brothers they are both alive, nor, in any case, if he shall have
and sisters, or relatives by affinity within the same consented or pardoned the offenders.
degrees, with the single exception of accessories falling The offenses of seduction, abduction, rape or
within the provisions of paragraph 1 of the next acts of lasciviousness, shall not be prosecuted except
preceding article. upon a complaint filed by the offended party or her
parents, grandparents, or guardian, nor, in any case, if
Art. 247. Death or physical injuries inflicted the offender has been expressly pardoned by the above
under exceptional circumstances. Any legally named persons, as the case may be.
married person who having surprised his spouse in the In cases of seduction, abduction, acts of
act of committing sexual intercourse with another lasciviousness and rape, the marriage of the offender
person, shall kill any of them or both of them in the act with the offended party shall extinguish the criminal
or immediately thereafter, or shall inflict upon them any action or remit the penalty already imposed upon him.
serious physical injury, shall suffer the penalty of The provisions of this paragraph shall also be applicable
destierro. to the co-principals, accomplices and accessories after
If he shall inflict upon them physical injuries of the fact of the above-mentioned crimes.
any other kind, he shall be exempt from punishment.
These rules shall be applicable, under the same d. ACTS NOT COVERED BY LAW AND IN CASE OF
circumstances, to parents with respect to their EXCESSIVE PUNISHMENT
daughters under eighteen years of age, and their
seducer, while the daughters are living with their Art. 5. Duty of the court in connection
parents. with acts which should be repressed but which are
Any person who shall promote or facilitate the not covered by the law, and in cases of excessive
prostitution of his wife or daughter, or shall otherwise penalties. Whenever a court has knowledge of any
have consented to the infidelity of the other spouse shall act which it may deem proper to repress and which is
not be entitled to the benefits of this article. not punishable by law, it shall render the proper
decision, and shall report to the Chief Executive, through
Art. 280. Qualified trespass to dwelling. the Department of Justice, the reasons which induce the
Any private person who shall enter the dwelling of court to believe that said act should be made the subject
another against the latter's will shall be punished by of legislation.
arresto mayor and a fine not exceeding 1,000 pesos. In the same way, the court shall submit to the
If the offense be committed by means of violence or Chief Executive, through the Department of Justice,
intimidation, the penalty shall be prision correccional in such statement as may be deemed proper, without
its medium and maximum periods and a fine not suspending the execution of the sentence, when a strict
exceeding 1,000 pesos. enforcement of the provisions of this Code would result
The provisions of this article shall not be in the imposition of a clearly excessive penalty, taking
applicable to any person who shall enter another's into consideration the degree of malice and the injury
dwelling for the purpose of preventing some serious caused by the offense.
harm to himself, the occupants of the dwelling or a third
person, nor shall it be applicable to any person who shall People v. Veneracion
enter a dwelling for the purpose of rendering some 249 SCRA 244 (1995)
service to humanity or justice, nor to anyone who shall Facts: The accused was found guilty of the
enter cafes, taverns, inn and other public houses, while crime of Rape with Homicide. The instant petition raised
the same are open. the issue whether or not the respondent judge acted
with grave abuse of discretion when he failed or refused
to impose the mandatory penalty of death under RA
Art. 332. Persons exempt from criminal
7659
liability. No criminal, but only civil liability, shall
Held: The law plainly and unequivocably
result from the commission of the crime of theft,
provides that when by reason or on the occasion of
swindling or malicious mischief committed or caused
rape, a homicide is committed, the penalty shall be
mutually by the following persons:
death. Courts are not concerned with wisdom, efficacy
1. Spouses, ascendants and descendants, or
or morality of law. The discomfort faced by those forced
relatives by affinity in the same line.
by law to impose death penalty is an ancient one, but it
2. The widowed spouse with respect to the
is a matter upon which judges have no choice. The Rules
property which belonged to the deceased spouse before
of Court mandates that after an adjudication of guilt, the
the same shall have passed into the possession of
judges should impose the proper penalty and civil
another; and
liability provided for by the law on the accused.
3. Brothers and sisters and brothers-in-law and
sisters-in-law, if living together.
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EFFECTS OF ACQUITTAL OF PRINCIPAL BY DIRECT To be liable as principals, the offender must fall
PARTICIPATION UPON THE LIABILITY OF under any of the three concepts defined in Article 17.
PRINCIPAL BY INDUCEMENT There is collective criminal responsibility when
1) Conspiracy is negated by the acquittal of co- the offenders are criminally liable in the same manner
defendant. and to the same extent. The penalty to be imposed must
2) One cannot be held guilty of having instigated be the same for all.
the commission of a crime without first being Principals by direct participation have collective
shown that the crime has been actually criminal responsibility. Principal by induction, except
committed by another. that who directly forced another to commit a crime, and
principal by direct participation have collective criminal
responsibility. Principal by indispensable cooperation has
People v. Dela Cruz collective criminal responsibility with the principal by
97 SCRA 385 (1980) direct participation.
Facts: Dela Cruz met with Salip and a
couple of other men when he proposed to them the People v. Montealegre
killing of Antonio Yu and the kidnapping of the latters 161 SCRA 700 (1988)
brother for a ransom. A group of men sailed for Basilan Facts: Abadilla was eating at a restaurant
where they met with Salip. They proceeded to the when he detected the smell of marijuana smoke coming
accuseds house where the accused informed the group from a nearby table. Intending to call a policeman, he
of the whereabouts of the Chinese brothers and other went outside and saw a police and reported the matter.
details of the plan. The group was able to kidnap and The police approached the table and held Montealgre
detain the brother for a short while before he attempted and Capalad. Capalad suddenly pulled out his knife and
to escape and was shot by one of the men. started stabbing the police at the back. The police
Held: The contention of the accused that released the 2 in order to draw his gun but Montealegre
since he did not take part in the commission of the restrained the police so that Capalad may continue
crime, conspiracy does not exist, is untenable. The stabbing. The 3 grappled and the police was able to
requisites necessary in order that a person may be draw his gun and fired at the 2 assailants. A chase
convicted as principal by inducement are present. ensued. Capalad was shot which resulted to his death.
Without Dela Cruz, the crime would not have been The police also died because of the wounds inflicted by
conceived, much less committed. Clearly, he was the Capalad.
principal by induction. Held: The accused was correctly considered a
US v. Indianan co-principal for having collaborated with Capalad in the
24 Phil. 203 (1913) killing of the police officer. The 2 acted in concert. Even
Facts: Indianan was the HEADMAN of the if the accused did not himself commit the act of
district of Parang. He ordered his subordinates to seize stabbing, he is nonetheless equally guilty thereof for
Sariol (victim) and bring the latter to Indianan. The having prevented the police from resisting the attack
victim was detained by Indianan until nightfall, then against him. The accused was a principal by
Indianan ordered his subordinates to take Sariol to an indispensable cooperation.
isolated place and kill him. Indianan bolstered his
command by claiming that he had an order from the B. ACCOMPLICES
governor that Sariol be executed. Indianans
subordinates took Sariol to a cemetery and killed him. Art. 18. Accomplices. Accomplices are those persons
Held: Indianan had a very powerful who, not being included in Art. 17, cooperate in the
influence over his subordinates based on TRADITION execution of the offense by previous or simultaneous
AND CUSTOM as well as his representation that he had acts.
an order from the governor. Hence, his power over them
was such that any order issued by him had the force and
In quasi-collective criminal responsibility,
efficacy of physical coercion. The domination of Indianan
some of the offenders in the crime are principals and the
was such as to make him responsible for whatever they
others are accomplices.
did in obedience to such orders. He is a principal by
The participation of an accomplice
inducement.
presupposes the commission of the crime by the
principal by direct participation.
PAR. 3. PRINCIPALS BY INDISPENSABLE When there is no conspiracy between or
COOPERATION among the defendants but they were animated by one
and the same purpose to accomplish the criminal
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objective, those who cooperated by previous or The moral aid may be through advice,
simultaneous act but cannot be held liable as principals encouragement or agreement.
are accomplices. There must be a relation between the criminal act
An accomplice does not have a previous of the principal and the act of the one charged as
agreement or understanding or is not in conspiracy with accomplice.
the principal by direct participation.
PRINCIPAL by ACCOMPLICE
CONSPIRATOR ACCOMPLICE COOPERATION
They know and agree with the criminal design. Cooperation is Cooperation is not
Conspirators know the Accomplices come to know indispensable in the indispensable in the
criminal intention because about it after the principals commission of the act. commission of the act.
they themselves have have reached the decision
decided upon such course and only then do they People v. Mandolado (supra)
of action. agree to cooperate in its Held: An accomplice cooperates in the
execution. execution of the offense by previous or simultaneous
Conspirators decide that a Accomplices merely assent acts, provided he has no direct participation in its
crime should be to the plan and cooperate execution or does not force or induce others to commit
committed. in it accomplishment it, or his cooperation is not indispensable to its
accomplishment.
Conspirators are the Accomplices are merely In the case at bar, Ortillano, by his acts
authors of a crime instruments who perform showed knowledge of the criminal design of Mandolado.
acts not essential to the He was present when the latter tried to attack the driver
perpetration of the of the Ford Fiera with a knife and fired at the vehicle
offense. hitting a female passenger. When Mandolado cocked his
gun and ordered Tenorio to stop the jeep, their 2 other
REQUISITES: companion, Simon and Erinada, immediately jumped off
1. That there be community of design; that the jeep and ran away but Ortillano stayed. In a display
is, knowing the criminal design of the principal by of unity with Mandolado, Ortillano fired his armalite
direct participation, he concurs with the latter in while they were riding in the jeep of the victim. And
his purpose; Ortillanos act of firing his gun towards the ground
2. That he cooperates in the execution of the manifested his concurrence with the criminal intent. In
offense by previous or simultaneous acts, with other words, his simultaneous acts supplied moral aid in
the intention of supplying material or moral aid in the execution of the crime in an efficacious way. His
the execution of the crime in an efficacious way; presence served to encourage Mandolado, the principal,
and or to increase the odds against the victims.
3. That there be a relation between the acts
done by the principal and those attributed to the People v. Doctolero
person charged as accomplice. 193 SCRA 632 (1991)
Facts: The 3 accused, Ludovico, Conrado
The community of design need not be to and Virgilio (all surnamed Doctolero) threw stones at
commit the crime actually committed. It is sufficient if Saguns house and called to all the men in the house to
there was a common purpose to commit a particular come out. Epifiana and Lolita and Jonathan (1 year
crime and that the crime actually committed was a old child of Lolita) were struck and stabbed by the
natural or probable consequence of the intended crime. accused inside the house of Sagun. Epifiana and Lolita
The cooperation of an accomplice is not due died while Jonathan was slightly injured. The same
to a conspiracy. accused while already on the road, hacked and stabbed
When the acts of the accused are not Marcelo which caused his death.
indispensable in the killing, they are merely accomplices. Held: There is no question that while the
The accomplice merely supplies the principal 3 accused were still stoning at the house, they heard the
with material or moral aid without conspiracy with the 2 women protesting and Ludovico went inside and
latter. brutally killed the 2 women inside the room of the said
The wounds inflicted by an accomplice in house. It is impossible to claim that Virgilio and Conrado
crimes against persons should mot have caused the did not know what their brother was doing. They knew
death of the victim. and they just stood by and did nothing to stop their
brother. Their presence gave Ludovico encouragement
RULES: in the commission of the crime. Thus, the 2 are
1. The one who had the original criminal accomplices. One can be an accomplice even if he did
design is the person who committed the not know of the actual crime intended by the principal
resulting crime. provided he was aware that it was an illicit act.
2. The accomplice, after concurring in the
criminal purpose of the principal, cooperates People v. Roche
by previous or simultaneous acts. 330 SCRA 91 (2000)
When the cooperation is by simultaneous act, Facts: Roderick and Rodel Ferol were having
the accomplice takes part while the crime is drinks with a friend named Bobot inside the Ferol
being committed by the principal by direct compound. Without any warning, Roche and Gregorio
participation or immediately thereafter. barged into the compound. Gregorio tried to hit Rodel
3. The accomplice in crimes against persons with an empty beer bottle but failed because his
does not inflict the more or most serious common-law wife, Helen, pulled him away on time.
wounds. Roderick however was stabbed on the back with an ice
pick by Roche. Roderick ran towards the house of his
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friend Bobot but outside the compound, Caballes caught cooperated in bringing about and accelerated the death
up with him. Roderick fell to the ground and was of the victim or contributed materially thereto.
repeatedly stabbed with a knife by Caballes. One Rossel
tried to stop Caballes but he was chased by the latter. A People v. Garcia
brother of the victim, Jon-Jon, threw bottles at Caballes, 373 SCRA 134 (2002)
forcing the latter to run away, and leave his victim Facts: Valler and Garcia kidnapped Atty.
behind. Roderick was then taken to his house by Rogelio Tioleco for the purpose of extorting ransom. Lariba and
and Jon-Jon. But at the time, Roderick was already Rogel were caught by police officers inside the house
dead. where a handcuffed and blinfolded Atty. Tioleco was
Held: Roche can not be held liable as an detained. Both were unarmed although guns inside the
accomplice for the crime charged. There is no evidence house are found in their possession.
to show that he performed any previous or simultaneous Held: Lariba and Rogel, were merely guarding
act to assist Caballes in killing Roderick. It has not been the house for the purpose of either helping the other
proven that he was aware of Caballes plan to attack accused-appellants in facilitating the successful
and kill Roderick. Absent any evidence to create the denouement to the crime or repelling any attempt to
moral certainty required to convict Roche, the court rescue the victim, as shown by the availability of arms
cannot uphold the trial courts finding of guilt. and ammunition to them. They thus cooperated in the
execution of the offense by previous or simultaneous
People v. Pilola acts by means of which they aided or facilitated the
405 SCRA 134 (2003) execution of the crime but without any indispensable act
Facts: Joselito, Julian, Edmar and Odilon were for its accomplishment. Under Art. 18 of The Revised
having a drinking spree. In the course of their drinking, Penal Code, they are mere accomplices.
an altercation between Edmar and Julian ensued. Edmar
and Odilon then left the store. Joselito and Julian were
also about to leave when Edmar and Odilon returned,
blocking their way. Edmar punched Julian in the face. C. ACCESSORIES
The two then traded fist blows. For his part, Odilon
positioned himself on top of a pile of hollow blocks and Art. 19. Accessories. Accessories are those who,
watched as Edmar and Julian swapped punches. Joselito having knowledge of the commission of the crime, and
tried to placate the protagonists but his intervention without having participated therein, either as principals
apparently did not sit well with Odilon. He pulled out his or accomplices, take part subsequent to its commission
knife with his right hand and stepped down from his in any of the following manners:
perch. He placed his left arm around Joselito's neck, and 1. By profiting themselves or assisting the
stabbed the latter. Ronnie and the appellant Pilola, who offender to profit by the effects of the crime.
were across the street, saw their gangmate Odilon 2. By concealing or destroying the body of the
stabbing the victim and decided to join the fray. They crime, or the effects or instruments thereof, in order to
pulled out their knives, rushed to the scene and stabbed prevent its discovery.
Joselito. The victim fell in the canal. Odilon and the 3. By harboring, concealing, or assisting in the
appellant fled. Before running away from the scene, escape of the principals of the crime, provided the
Ronnie picked up a piece of hollow block and with it accessory acts with abuse of his public functions or
bashed Joselito's head. Not content, Ronnie got a piece whenever the author of the crime is guilty of treason,
of broken bottle and struck Joselito once more. Joselito parricide, murder, or an attempt to take the life of the
died on the spot. Chief Executive, or is known to be habitually guilty of
Held: To hold a person liable as an accomplice, some other crime.
two elements must concur: (a) the community of
criminal design; that is, knowing the criminal design of
An accessory does not participate in the
the principal by direct participation, he concurs with the
criminal design, nor cooperate in the commission of the
latter in his purpose; (b) the performance of previous or
felony, but, with knowledge of the commission of the
simultaneous acts that are not indispensable to the
crime, he subsequently takes part in 3 ways:
commission of the crime. Accomplices come to know
a) by profiting from the effects of the crime;
about the criminal resolution of the principal by direct
b) by concealing the body, effects or instruments
participation after the principal has reached the decision
of the crime in order to prevent its discovery;
to commit the felony and only then does the accomplice
and
agree to cooperate in its execution. Accomplices do not
c) by assisting in the escape or concealment of
decide whether the crime should be committed; they
the principal of the crime, provided he acts
merely assent to the plan of the principal by direct
with abuse of his public functions or the
participation and cooperate in its accomplishment.
principal is guilty of treason, parricide, murder,
However, where one cooperates in the commission of
or an attempt to take the life of the Chief
the crime by performing overt acts which by themselves
Executive, or is known to be habitually guilty of
are acts of execution, he is a principal by direct
some other crime.
participation, and not merely an accomplice
All things considered, it was ruled that Ronnie
knowledge of the commission of the crime
and the appellant conspired with Odilon to kill the
Mere possession of stolen property does not
victim; hence, all of them are criminally liable for the
make the accused an accessory where the thief was
latter's death. The appellant is not merely an accomplice
already convicted.
but is a principal by direct participation.
Entertaining suspicion that a crime has been
Even assuming that the appellant did not
committed is not enough.
conspire with Ronnie and Odilon to kill the victim, the
Knowledge of the commission of the crime may
appellant is nevertheless criminally liable as a principal
be established by circumstantial evidence
by direct participation. The stab wounds inflicted by him
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luggage compartment of her sister Rubys car. Ruth and the penalties consisting in deprivation of
Ruby were both convicted of murder by the trial court. liberty.
Held: Ruby is the sister of Ruth. As such, their c. SOCIAL DEFENSE shown by its inflexible
relationship exempts Ruby from criminal liability under severity to recidivist and habitual delinquents.
Art. 20 of the Revised Penal Code ARTICLE 20.
Accessories who are exempt from criminal liability.The A. GENERAL PRINCIPLES
penalties prescribed for accessories shall not be imposed
upon those who are such with respect to their spouses, NO ex post facto laws
ascendants, descendants, legitimate, natural and
adopted brothers and sisters, or relatives by affinity
within the same degrees, with the single exception of Art. 21. Penalties that may be imposed. No felony
accessories falling within the provisions of paragraph 1 shall be punishable by any penalty not prescribed by law
of the preceding article. The reason for exemption is prior to its commission.
obvious; it is based on ties of blood and the preservation
of the cleanliness of one's name, which compels one to This article prohibits the Government from
conceal crimes committed by relatives so near as those punishing any person for any felony with any penalty
mentioned in the above-quoted article. Ruby Mariano is which has not been prescribed by the law.
acquitted. It has no application to any of the provisions
of the RPC for the reason that for every felony defined in
the Code, a penalty has been prescribed.
REASON: An act or omission cannot be
punished by the State if at the time it was committed
there was no law prohibiting it, because a law cannot be
rationally obeyed unless it is first shown, and a man
cannot be expected to obey an order that has not been
V. PENALTIES given.
OTHER CONSTITUTIONAL PROHIBITIONS
Penalty is the suffering that is inflicted by the State for
the transgression of a law. 1987 CONSTITUTION
Section 18. (1) No person shall be detained
Different Juridical Conditions of Penalty: solely by reason of his political beliefs and aspirations.
10. Must be PRODUCTIVE OF SUFFERING, without (2) No involuntary servitude in any form shall exist
however affecting the integrity of the human except as a punishment for a crime whereof the party
personality. shall have been duly convicted.
11. Must be COMMENSURATE with the offense Section 19. (1) Excessive fines shall not be
different crimes must be punished with imposed, nor cruel, degrading or inhuman punishment
different penalties. inflicted. Neither shall death penalty be imposed, unless,
12. Must be PERSONAL no one should be for compelling reasons involving heinous crimes, the
punished for the crime of another. Congress hereafter provides for it. Any death penalty
13. Must be LEGAL it is the consequence of a already imposed shall be reduced to reclusion perpetua.
judgment according to law. Section 20. No person shall be imprisoned for
14. Must be CERTAIN no one may escape its debt or non-payment of a poll tax.
effects. Section 22. No ex post facto law or bill of
15. Must be EQUAL for all. attainder shall be enacted.
16. Must be CORRECTIONAL.
In Re: Kay Villegas Kami
The purpose of the State in punishing crimes is TO 35 SCRA 429 (1970)
SECURE JUSTICE. Penal justice must therefore be Facts: Petition for declaratory relief challenging
exercised by the State in the service and satisfaction of the validity of Sec. 8 of RA 6132 on the ground that it
a duty and rests primarily on the moral rightfulness of violates due process, right of association, freedom of
the punishment inflicted. expression and that it is an ex post facto law.
Held: An ex post facto law is one which:
Theories justifying penalty: 1. makes criminal an act done before
a. PREVENTION to suppress danger to the State the passage of the law and which was innocent
b. SELF-DEFENSE to protect the society from when done, and punishes such an act.
the threat and wrong inflicted by the criminal. 2. aggravates a crime, or makes it
c. REFORMATION to correct and reform the greater than it was when committed;
offender. 3. changes the punishment and inflicts a
d. EXEMPLARITY to serve as an example to greater punishment than the law annexed to
deter others from committing crimes. the crime when committed;
e. JUSTICE for retributive justice, a vindication 4. alters the legal rules of evidence, and
of absolute right and moral law violated by the authorizes conviction upon less or different
criminal. testimony than the law required at the time of
the commission of the offense;
Purpose of penalty under the RPC: 5. assuming to regulate civil rights and
a. RETRIBUTION OR EXPIATION the penalty is remedies only, in effect imposes penalty or
commensurate with the gravity of the offense. deprivation of a right for something which
b. CORRECTION OR REFORMATION as shown when done was lawful; and
by the rules which regulate the execution of 6. deprives a person accused of a crime
of some lawful protection to which he has
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become entitled, such as the protection of a the persons guilty of a felony, who is not a habitual
former conviction or acquittal, or a criminal, as this term is defined in Rule 5 of Article 62 of
proclamation of amnesty. this Code, although at the time of the publication of such
The constitutional inhibition refers only to criminal laws a final sentence has been pronounced and the
laws which are given retroactive effect. While it is true convict is serving the same.
that Sec. 18 penalizes a violation of any provision of
R.A. No. 6132 including Sec. 8 thereof, the penalty is
CIVIL CODE, Art. 14. Penal laws and those of public
imposed only for acts committed after the approval of
security and safety shall be obligatory upon all who live
the law and not those perpetrated prior thereto.
or sojourn in the Philippine territory, subject to the
principles of public international law and to treaty
People v. Ferrer
stipulations.
48 SCRA 382(1972)
WON the Anti-subversion Act is a bill of
attainder? The trial court ruled that the Act is a bill of GENERAL RULE: TO GIVE CRIMINAL LAWS
attainder because it tars and feathers the communist PROSPECTIVE EFFECT
party as a continuing menace to the freedom and Exception: to give them retroactive effect when
security of the country. favorable to the accused.
Held: A bill of attainder is a legislative act Reason for the exception: The sovereign, in
which inflicts punishment without a trial. The Act simply enacting a subsequent penal law more favorable to the
declares the Communist Party to be an organized accused, has recognized that the greater severity of the
conspiracy for the overthrow of the government. Its former law is unjust. The sovereign would be
focus is not on the individuals but on the conduct. It is inconsistent if it would still enforce its right under
not enough that the statute specify persons or groups in conditions of the former law, which has already been
order that it may be called a bill of attainder. It is regarded by conscientious public opinion as juridical
necessary that it must apply retroactively and reach burdensome.
past conduct. This requirement follows from the nature
of a bill of attainder as a legislative adjudication of guilt. The favorable retroactive effect of a new law may find
the defendant in one of these 3 situations:
People v. Bracamonte a. The crime has been committed and prosecution
257 SCRA 380 (1996) begins;
Facts: Violeta and her common law husband, b. Sentence has been passed but service has not
Clark Din, arrived home and saw 3 men rushing out of begun;
the house. Inside the house, they found their maid c. The sentence is being carried out.
hands tied with her mouth gagged and bathed in her When the culprit is HABITUAL DELINQUENT, he is not
own blood. Thereafter, they saw their son in the kitchen entitled to the benefit of the provisions of the new
his head and body immersed in a pail of water, dead. favorable statute.
Held: To impose upon the accused the death A person shall be deemed to be a HABITUAL
penalty under R.A. No. 7659 which took effect on DELINQUENT if within a period of 10 years from the date
December 31, 1993 for a crime committed back on of his release of last conviction of the crimes of serious
September 23, 1987 would violate the basic rule in or less serious physical injuries, robbery, theft, estafa or
criminal law that, if the new law imposes a heavier falsification, he is found guilt of an said crimes a third
penalty, the law in force at the time of the commission time or oftener.
of the offense shall be applied. The principle against retroactivity does not apply to
civil liability.
People v. Valdez - but a new law increasing the civil liability
304 SCRA 611 (1999) cannot be given retroactive effect.
Facts: Accused was convicted by the RTC and The provisions of this article are applicable even to
sentenced him to death for the complex crime of special laws which provide more favorable conditions to
Multiple Murder with Double Frustrated Murder, and the accused.
likewise separately sentenced him to suffer the prison Criminal liability under the former law is obliterated
term of reclusion perpetua for the crime of Illegal when the repeal is absolute.
Possession of Firearms (P.D. No. 1866) Criminal liability under the repealed law subsists:
Held: There can be no separate conviction of a. When the provisions of the former law are
the crime of illegal possession under P.D. No. 1866 in REENACTED; or
view of the amendments introduced by R.A. No. 8294 b. When the repeal is by IMPLICATION;
wherein illegal possession being merely taken as an c. When there is a SAVING CLAUSE
aggravating circumstance to other crimes committed.
Insofar as RA 8294 will spare the accused from a What penalty may be imposed for the commission of a
separate conviction for the crime of illegal possession, it felony?
may be given retroactive effect. - Only the penalty prescribed by law prior tot the
commission of the felony may be imposed.
- Felonies are punishable under the laws in force
PROSPECTIVITY; EXCEPTION
at the time of their commission.
- But the penalty prescribed by law enacted after
RPC, Art. 21. Penalties that may be imposed. No the commission of the felony may be imposed, if
felony shall be punishable by any penalty not prescribed it is favorable to the offender.
by law prior to its commission.
People v. Gallo
Art. 22. Retroactive effect of penal laws. Penal 315 SCRA 461 (1999)
Laws shall have a retroactive effect insofar as they favor
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Facts: The accused seeks a modification of his possession of firearm and ammunition, since subversion
death sentence to reclusion perpetua in line with the is no longer a crime.
new Court rulings which annunciate that the 7 attendant
circumstances introduced in Sec. 11 of RA 7659 partake B. PENALTIES WHICH MAY BE IMPOSED
of the nature of qualifying circumstances that must be
pleaded in the indictment in order to warrant the Art. 25. Penalties which may be imposed. The
imposition of the penalty (Garcia doctrine reiterated in penalties which may be imposed according to this Code,
Medina). and their different classes, are those included in the
Held: By operation of law, the appellant is following:
rightfully entitled to the beneficial application of the
Garcia or Medina doctrine. Sentence modified. Scale
PRINCIPAL PENALTIES
People v. Patalin
311 SCRA 187 (1999)
Facts: The accused were convicted of Capital punishment:
Robbery with Physical Injuries and Robbery with Multiple Death.
Rape and were sentenced to imprisonment and death
penalty respectively for the two convictions. Afflictive penalties:
Held: There is no question that the Reclusion perpetua,
abolition of the death penalty benefits herein accused. Reclusion temporal,
The subsequent reimposition of the death penalty will Perpetual or temporary absolute disqualification,
not affect them. The framers of the Constitution Perpetual or temporary special disqualification,
themselves state that the law to be passed by Congress Prision mayor.
reimposing the death penalty (RA 7659) can only have
prospective application. A subsequent statute cannot be Correctional penalties:
so applied retroactively as to impair a right that accrued Prision correccional,
under the old law. Arresto mayor,
DIFFERENT EFFECTS OF REPEAL OF PENAL LAW. Suspension,
a. If the repeal makes the penalty Destierro.
lighter in the new law, the new law shall be applied,
except when the offender is a habitual delinquent or
when the new law is made not applicable to Light penalties:
pending action or existing causes of action. Arresto menor,
Public censure.
b. If the new law imposes a heavier
penalty, the law in force at the time of the Penalties common to the three preceding
commission of the offense shall be applied. classes:
c. If the new law totally repeals the Fine, and
existing law so that the act which was penalized Bond to keep the peace.
under the old law is no longer punishable, the crime
is obliterated. ACCESSORY PENALTIES
Perpetual or temporary absolute disqualification,
When the repeal is absolute the offense ceases Perpetual or temporary special disqualification,
to be criminal. Suspension from public office, the right to vote and be
voted for, the profession or calling.
When the new law and the old law penalize the Civil interdiction,
same offense, the offender can be tried under Indemnification,
the old law. Forfeiture or confiscation of instruments and proceeds of
the offense,
When the repealing law fails to penalize the Payment of costs.
offense under the old law, the accused cannot
be convicted under the new law.
PRINCIPAL PENALTIES those expressly imposed by
the court in the judgment of conviction.
A person erroneously accused and convicted
ACCESSORY PENALTIES those that are deemed
under a repealed statute may be punished
included in the imposition of the principal penalties.
under the repealing statute.
Other classifications of penalties:
A new law which omits anything contained in
According to their divisibility:
the old law dealing on the same subject,
1. Divisible
operates as are penal of anything not so
- those that have fixed duration and are divisible
included in the amendatory act.
into three periods.
2. Indivisible
People v. Pimentel (supra)
- those which have no fixed duration.
Held: Where the repeal of a penal law is total
a. Death
and absolute and the act which was penalized by a prior
b. Reclusion perpetua
law ceases to be criminal under the new law, the
c. Perpetual absolute or special
previous offense is obliterated.
disqualification
With the enactment of RA 7636, the charge of
d. Public censure
illegal possession of firearm and ammunition qualified by
subversion should be amended to simple illegal
According to subject-matter
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1. Corporal (death) "Art. 114. Treason. - Any Filipino citizen who levies war
2. Deprivation of freedom against the Philippines or adheres to her enemies giving
(reclusion, prision, arresto) them aid or comfort within the Philippines or elsewhere,
3. Restriction of freedom (destierro) shall be punished by reclusion perpetua to death and shall
4. Deprivation of rights pay a fine not to exceed 100,000 pesos."
(disqualification and suspension) No person shall be convicted of treason unless on the
5. Pecuniary (fine) testimony of two witnesses at least to the same overt act or
on confession of the accused in open court.
Likewise, an alien, residing in the Philippines, who
According to their gravity
commits acts of treason as defined in paragraph 1 of this
1. Capital
Article shall be punished by reclusion temporal to death and
2. Afflictive shall pay a fine not to exceed 100,000 pesos."
3. Correctional
4. Light Section 3. Section Three, Chapter One, Title One of
Book Two of the same Code is hereby amended to read as
NOTE: Public censure is a penalty, thus, it is not proper follows:
in acquittal. However, the Court in acquitting the "Section Three. - Piracy and mutiny on the high seas or
accused may criticize his acts or conduct. in the Philippine waters
Art. 122. Piracy in general and mutiny on the high seas
Penalties that are either principal or accessory. or in Philippine waters. - The penalty of reclusion perpetua
Perpetual or temporary absolute shall be inflicted upon any person who, on the high seas, or
disqualification, perpetual or temporary special in Philippine waters, shall attack or seize a vessel or, not
disqualification, and suspension may be principal or being a member of its complement nor a passenger, shall
seize the whole or part of the cargo of said vessel, its
accessory penalties, because they formed in the 2
equipment or passengers.
general classes.
The same penalty shall be inflicted in case of
mutiny on the high seas or in Philippine waters."
Art. 123. Qualified piracy. - The penalty of reclusion
perpetua to death shall be imposed upon those who commit
any of the crimes referred to in the preceding article, under
DURATION OF EACH OF DIFFERENT PENALTIES any of the following circumstances:
1. Whenever they have seized a vessel by boarding or
1. Reclusion perpetua 20 years and 1 day firing upon the same;
to 40 years 2. Whenever the pirates have abandoned their victims
2. Reclusion temporal 12 years and 1 day without means of saving themselves or;
to 20 years 3. Whenever the crime is accompanied by murder,
3. Prision mayor and temporary homicide, physical injuries or rape."
disqualification - 6 years and 1 day to 12 years except
Section 4. There shall be incorporated after Article 211
when disqualification is accessory penalty; in which case
of the same Code a new article to read as follows:
its duration is that of the principal penalty
4. Prision correccional, suspension and "Art. 211-A. Qualified Bribery. - If any public officer is
destierro - 6 months and 1 day to 6 years except entrusted with law enforcement and he refrains from
when suspension is an accessory penalty, in which case arresting or prosecuting an offender who has committed a
its duration is that of the principal penalty. crime punishable by reclusion perpetua and/or death in
5. Arresto Mayor - 1 month and 1 day to 6 consideration of any offer, promise, gift or present, he shall
months suffer the penalty for the offense which was not prosecuted.
6. Arresto Menor 1 day to 30 days. If it is the public officer who asks or demands such gift
or present, he shall suffer the penalty of death."
CAPITAL PUNISHMENT "Art. 246. Parricide. - Any person who shall kill his
father, mother, or child, whether legitimate of illegitimate,
or any of his ascendants, or descendants, or his spouse,
REPUBLIC ACT NO. 7659
shall be guilty of parricide and shall be punished by the
AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN
penalty of reclusion perpetua to death."
HEINOUS CRIMES, AMENDING FOR THAT PURPOSE
THE REVISED PENAL LAWS, AS AMENDED, OTHER
Section 6. Article 248 of the same Code is hereby
SPECIAL PENAL LAWS, AND FOR OTHER PURPOSES
amended to read as follows:
Section 1. Declaration of Policy. - It is hereby declared
"Art. 248. Murder. - Any person who, not falling within
the policy of the State to foster and ensure not only
the provisions of Article 246 shall kill another, shall be guilty
obedience to its authority, but also to adopt such measures
of murder and shall be punished by reclusion perpetua, to
as would effectively promote the maintenance of peace and
death if committed with any of the following attendant
order, the protection of life, liberty and property, and the
circumstances:
promotion of the general welfare which are essential for the
1. With treachery, taking advantage of superior
enjoyment by all the people of the blessings of democracy in
strength, with the aid of armed men, or employing means to
a just and humane society;
weaken the defense or of means or persons to insure or
afford impunity.
Section 2. Article 114 of the Revised Penal Code, as
2. In consideration of a price, reward or promise.
amended, is hereby amended to read as follows:
3. By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or assault upon
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a railroad, fall of an airship, or by means of motor vehicles, intimidation employed in the commission of the robbery
or with the use of any other means involving great waste shall have been carried to a degree clearly unnecessary for
and ruin. the commission of the crime, or when in the course of its
4. On occasion of any of the calamities enumerated in execution, the offender shall have inflicted upon any person
the preceding paragraph, or of an earthquake, eruption of a not responsible for its commission any of the physical
volcano, destructive cyclone, epidemic or other public injuries covered by subdivisions 3 and 4 of said Article 263.
calamity. 5. The penalty of prision correccional in its maximum
5. With evident premeditation. period to prision mayor in its medium period in other cases."
6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or outraging or Section 10. Article 320 of the same Code is hereby
scoffing at his person or corpse." amended to read as follows:
Section 7. Article 255 of the same Code is hereby "Art. 320. Destructive Arson. - The penalty of reclusion
amended to read as follows: perpetua to death shall be imposed upon any person who
"Art. 255. Infanticide. - The penalty provided for shall burn:
parricide in Article 246 and for murder in Article 248 shall be 1. One (1) or more buildings or edifices, consequent to
imposed upon any person who shall kill any child less than one single act of burning, or as a result of simultaneous
three days of age. burnings, committed on several or different occasions.
If any crime penalized in this Article be committed by 2. Any building of public or private ownership, devoted
the mother of the child for the purpose of concealing her to the public in general or where people usually gather or
dishonor, she shall suffer the penalty of prision mayor in its congregate for a definite purpose such as, but not limited to,
medium and maximum periods, and if said crime be official governmental function or business, private
committed for the same purpose by the maternal transaction, commerce, trade, workshop, meetings and
grandparents or either of them, the penalty shall be conferences, or merely incidental to a definite purpose such
reclusion temporal." as but not limited to hotels, motels, transient dwellings,
public conveyances or stops or terminals, regardless of
Section 8. Article 267 of the same Code is hereby whether the offender had knowledge that there are persons
amended to read as follows: in said building or edifice at the time it is set on fire and
regardless also of whether the building is actually inhabited
"Art. 267. Kidnapping and serious illegal detention. - or not.
Any private individual who shall kidnap or detain another, or 3. Any train or locomotive, ship or vessel, airship or
in any other manner deprive him of his liberty, shall suffer airplane, devoted to transportation or conveyance, or for
the penalty of reclusion perpetua to death: public use, entertainment or leisure.
1. If the kidnapping or detention shall have lasted 4. Any building, factory, warehouse installation and any
more than three days. appurtenances thereto, which are devoted to the service of
2. If it shall have been committed simulating public utilities.
public authority. 5. Any building the burning of which is for the purpose
3. If any serious physical injuries shall have been of concealing or destroying evidence of another violation of
inflicted upon the person kidnapped or detained; or if law, or for the purpose of concealing bankruptcy or
threats to kill him shall have been made. defrauding creditors or to collect from insurance.
4. If the person kidnapped or detained shall be a minor, Irrespective of the application of the above enumerated
except when the accused is any of the parents, female or a qualifying circumstances, the penalty of reclusion perpetua
public officer. to death shall likewise be imposed when the arson is
The penalty shall be death penalty where the perpetrated or committed by two (2) or more persons or by
kidnapping or detention was committed for the purpose of a group of persons, regardless of whether their purpose is
extorting ransom from the victim or any other person, even merely to burn or destroy the building or the burning merely
if none of the circumstances above-mentioned were present constitutes an overt act in the commission or another
in the commission of the offense. violation of law.
When the victim is killed or dies as a consequence The penalty of reclusion perpetua to death shall
of the detention or is raped, or is subjected to torture or also be imposed upon any person who shall burn:
dehumanizing acts, the maximum penalty shall be imposed." 1. Any arsenal, shipyard, storehouse or military
powder or fireworks factory, ordnance, storehouse, archives
Section 9. Article 294 of the same Code is hereby or general museum of the Government.
amended to read as follows: 2. In an inhabited place, any storehouse or factory
of inflammable or explosive materials.
"Art. 294. Robbery with violence against or intimidation If as a consequence of the commission of any of
of persons - Penalties. - Any person guilty of robbery with the acts penalized under this Article, death results, the
the use of violence against or intimidation of any person mandatory penalty of death shall be imposed."
shall suffer:
1. The penalty of reclusion perpetua to death, when by Section 11. Article 335 of the same Code is hereby
reason or on occasion of the robbery, the crime of homicide amended to read as follows:
shall have been committed, or when the robbery shall have "Art. 335. When and how rape is committed. -
been accompanied by rape or intentional mutilation or Rape is committed by having carnal knowledge of a woman
arson. under any of the following circumstances:
2. The penalty of reclusion temporal in its medium 1. By using force or intimidation;
period to reclusion perpetua, when or if by reason or on 2. When the woman is deprived of reason or
occasion of such robbery, any of the physical injuries otherwise unconscious; and
penalized in subdivision I of Article 263 shall have been 3. When the woman is under twelve years of age
inflicted. or is demented.
3. The penalty of reclusion temporal, when by reason The crime of rape shall be punished by reclusion
or on occasion of the robbery, any of the physical injuries perpetua.
penalized in subdivision 2 of the article mentioned in the Whenever the crime of rape is committed with the
next preceding paragraph, shall have been inflicted. use of a deadly weapon or by two or more persons, the
4. The penalty of prision mayor in its maximum period penalty shall be reclusion perpetua to death.
to reclusion temporal in its medium period, if the violence or
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When by reason or on the occasion of the rape, should a prohibited drug involved in any offense under this
the victim has become insane, the penalty shall be death. Section be the proximate cause of the death of a victim
When the rape is attempted or frustrated and a thereof, the maximum penalty herein provided shall be
homicide is committed by reason or on the occasion thereof, imposed.
the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, a "Sec. 5. Maintenance of a Den, Dive or Resort for
homicide is committed, the penalty shall be death. Prohibited Drug Users. - The penalty of reclusion perpetua to
The death penalty shall also be imposed if the death and a fine ranging from five hundred thousand pesos
crime of rape is committed with any of the following to ten million pesos shall be imposed upon any person or
attendant circumstances: group of persons who shall maintain a den, dive or resort
1. when the victim is under eighteen (18) years of where any prohibited drug is used in any form or where such
age and the offender is a parent, ascendant, step-parent, prohibited drugs in quantities specified in Section 20,
guardian, relative by consanguinity or affinity within the Paragraph 1 of this Act are found.
third civil degree, or the common-law-spouse of the parent
of the victim. Notwithstanding the provisions of Section 20 of this Act to
2. when the victim is under the custody of the the contrary, the maximum of the penalty shall be imposed
police or military authorities. in every case where a prohibited drug is administered,
3. when the rape is committed in full view of the delivered or sold to a minor who is allowed to use the same
husband, parent, any of the children or other relatives within in such place.
the third degree of consanguinity.
4. when the victim is a religious or a child below Should a prohibited drug be the proximate cause of the
seven (7) years old. death of a person using the same in such den, dive or
5. when the offender knows that he is afflicted resort, the maximum penalty herein provided shall be
with Acquired Immune Deficiency Syndrome (AIDS) disease. imposed on the maintainer notwithstanding the provisions of
6. when committed by any member of the Armed Section 20 of this Act to the contrary.
Forces of the Philippines or the Philippine National Police or
any law enforcement agency. "Sec. 7. Manufacture of Prohibited Drug. - The penalty of
7. when by reason or on the occasion of the rape, reclusion perpetua to death and fine ranging from five
the victim has suffered permanent physical mutilation." hundred thousand pesos to ten million pesos shall be
imposed upon any person who, unless authorized by law,
Section 12. Section 2 of Republic Act No. 7080 shall engage in the manufacture of any prohibited drug.
(An Act Defining and Penalizing the Crime of Plunder) is
hereby amended to read as follows: "Sec. 8. Possession or Use of Prohibited Drugs. - The
"Sec. 2. Definition of the Crime of Plunder; penalty of reclusion perpetua to death and a fine ranging
Penalties. - Any public officer who, by himself or in from five hundred thousand pesos to ten million pesos shall
connivance with members of his family, relatives by affinity be imposed upon any person who, unless authorized by law,
or consanguinity, business associates, subordinates or other shall possess or use any prohibited drug subject to the
persons, amasses, accumulates or acquires ill-gotten wealth provisions of Section 20 hereof.
through a combination or series of overt criminal acts as
described in Section 1 (d) hereof in the aggregate amount or "Sec. 9. Cultivation of Plants which are Sources of
total value of at least Fifty million pesos (P50,000,000.00) Prohibited Drugs. - The penalty of reclusion perpetua to
shall be guilty of the crime of plunder and shall be punished death and a fine ranging from five hundred thousand pesos
by reclusion perpetua to death. Any person who participated to ten million pesos shall be imposed upon any person who
with the said public officer in the commission of an offense shall plant, cultivate or culture any medium Indian hemp,
contributing to the crime of plunder shall likewise be opium poppy (papaver somniferum), or any other plant
punished for such offense. In the imposition of penalties, the which is or may hereafter be classified as dangerous drug or
degree of participation and the attendance of mitigating and from which any dangerous drug may be manufactured or
extenuating circumstances, as provided by the Revised Penal derived.
Code, shall be considered by the court. The court shall
declare any and all ill-gotten wealth and their interests and The land or portions hereof, and/or greenhouses on which
other incomes and assets including the properties and any of said plants is cultivated or cultured shall be
shares of stocks derived from the deposit or investment confiscated and escheated to the State, unless the owner
thereof forfeited in favor of the State." thereof can prove that he did not know such cultivation or
culture despite the exercise of due diligence on his part.
Section 13. Sections 3, 4, 5, 7, 8 and 9, of Article II of
Republic Act No. 6425, as amended, known as the If the land involved in is part of the public domain, the
Dangerous Drugs Act 1972, are hereby amended to read as maximum of the penalties herein provided shall be imposed
follows: upon the offender."
"Sec. 3. Importation of Prohibited Drugs. - The penalty of
reclusion perpetua to death and a fine ranging from five Section 14. Sections 14, 14-A, and 15 of Article III of
hundred thousand pesos to ten million pesos shall be Republic Act No. 6425, as amended, known as the
imposed upon any person who, unless authorized by law, Dangerous Drugs Act of 1972, are hereby amended to read
shall import or bring into the Philippines any prohibited drug. as follows:
"Sec. 4. Sale, Administration, Delivery, Distribution and "Sec. 14. Importation of Regulated Drugs. - The penalty
Transportation of Prohibited Drugs. - The penalty of of reclusion perpetua to death and a fine ranging from five
reclusion perpetua to death and a fine from five hundred hundred thousand pesos to ten million pesos shall be
thousand pesos to ten million pesos shall be imposed upon imposed upon any person who, unless authorized by law,
any person who, unless authorized by law, shall sell, shall import or bring any regulated drug in the Philippines.
administer, deliver, give away to another, distribute,
dispatch in transit or transport any prohibited drug, or shall "Sec. 14-A. Manufacture of Regulated Drugs. - The
act as a broker in any of such transactions. penalty of reclusion perpetua to death and a fine ranging
from five hundred thousand pesos to ten million pesos shall
Notwithstanding the provisions of Section 20 of this Act to be imposed upon any person who, unless authorized by law,
the contrary, if the victim of the offense is a minor, or shall engage in the manufacture of any regulated drug.
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not less than seventeen years and four months and not 1. Aggravating circumstances which in themselves
more than thirty years, when the carnapping is committed constitute a crime especially punishable by law or which
by means of violence against or intimidation of any are included by the law in defining a crime and prescribing
person, or force upon things; and the penalty of reclusion the penalty therefor shall not be taken into account for
perpetua to death shall be imposed when the owner, the purpose of increasing the penalty.
driver or occupant of the carnapped motor vehicle is killed
or raped in the course of the commission of the 1(a). When in the commission of the crime,
carnapping or on the occasion thereof." advantage was taken by the offender of his public
position, the penalty to be imposed shall be in its
Section 21. Article 27 of the Revised Penal Code, maximum regardless of mitigating circumstances.
as amended, is hereby amended to read as follows:
"Art. 27. Reclusion perpetua. - The penalty of The maximum penalty shall be imposed if the
reclusion perpetua shall be from twenty years and one offense was committed by any group who belongs to an
day to forty years. organized/syndicated crime group.
Reclusion temporal. - The penalty of reclusion temporal
shall be from twelve years and one day to twenty years. An organized/syndicated crime group means a
Prision mayor and temporary disqualification. - group of two or more persons collaborating, confederating
The duration of the penalties of prision mayor and or mutually helping one another for purposes of gain in
temporary disqualification shall be from six years and one the commission of any crime.
day to twelve years, except when the penalty of
disqualification is imposed as an accessory penalty, in 2. The same rule shall apply with respect to any
which case, it shall be that of the principal penalty. aggravating circumstances inherent in the crime to such a
Prision correccional, suspension, and destierro. - degree that it must of necessity accompany the
The duration of the penalties of prision correccional, commission thereof.
suspension, and destierro shall be from six months and 3. Aggravating or mitigating circumstances which
one day to six years, except when the suspension is arise from the moral attributes of the offender, or from
imposed as an accessory penalty, in which case, its his private relations with the offended party, or from any
duration shall be that of the principal penalty. other personal cause, shall only serve to aggravate or
mitigate the liability of the principals, accomplices and
Arresto mayor. - The duration of the penalty of accessories as to whom such circumstances are
arresto mayor shall be from one month and one day to six attendant.
months. 4. The circumstances which consist in the material
execution of the act, or in the means employed to
Arresto menor. - The duration of the penalty of accomplish it, shall serve to aggravate or mitigate the
arresto menor shall be from one day to thirty days. liability of those persons only who had knowledge of them
at the time of the execution of the act or their cooperation
Bond to keep the peace. - The bond to keep the therein.
peace shall be required to cover such period of time as 5. Habitual delinquency shall have the following
the court may determine." effects :
(a) Upon a third conviction the culprit shall be
Section 22. Article 47 of the same Code is hereby sentenced to the penalty provided by law for the last
amended to read as follows: crime of which he be found guilty and to the additional
penalty of prision correccional in its medium and
Art. 47. In what cases the death penalty shall not maximum periods;
be imposed; Automatic review of the Death Penalty (b) Upon a fourth conviction, the culprit shall be
Cases. - The death penalty shall be imposed in all cases in sentenced to the penalty provided for the last crime of
which it must be imposed under existing laws, except which he be found guilty and to the additional penalty of
when the guilty person is below eighteen (18) years of prision mayor in its minimum and medium periods; and
age at the time of the commission of the crime or is more (c) Upon a fifth or additional conviction, the culprit
than seventy years of age or when upon appeal or shall be sentenced to the penalty provided for the last
automatic review of the case by the Supreme Court, the crime of which he be found guilty and to the additional
required majority vote is not obtained for the imposition penalty of prision mayor in its maximum period to
of the death penalty, in which cases the penalty shall be reclusion temporal in its minimum period.
reclusion perpetua. Notwithstanding the provisions of this article, the
total of the two penalties to be imposed upon the
In all cases where the death penalty is imposed by offender, in conformity herewith shall in no case exceed
the trial court, the records shall be forwarded to the 30 years.
Supreme Court for automatic review and judgment by the For purposes of this article, a person shall be
Court en banc, within twenty (20) days but not earlier deemed to be a habitual delinquent, if within a period of
than fifteen (15) days after promulgation of the judgment ten years from the date of his release or last conviction of
or notice of denial of any motion for new trial or the crimes of serious or less serious physical injuries,
reconsideration. The transcript shall also be forwarded robo, hurto, estafa or falsification, he is found guilty of
within ten (10) days from the filing thereof by the any of said crimes a third time or oftener.
stenographic reporter."
Section 24. Article 81 of the same Code, as
Section 23. Article 62 of the same Code, as amended, is hereby amended to read as follows :
amended, is hereby amended to read as follows:
"Art. 81. When and how the death penalty is to be
"Art. 62. Effects of the attendance of mitigating or executed. - The death sentence shall be executed with
aggravating circumstances and of habitual delinquency. - preference to any other and shall consist in putting the
Mitigating or aggravating circumstances and habitual person under sentence to death by electrocution. The
delinquency shall be taken into account for the purpose of death sentence shall be executed under the authority of
diminishing or increasing the penalty in conformity with the Director of Prisons, endeavoring so far as possible to
the following rules: mitigate the sufferings of the person under the sentence
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during electrocution as well as during the proceedings "Pursuant to this, all personnel involved in the
prior to the execution. administration of lethal injection shall be trained prior to the
performance of such task.
If the person under sentence so desires, he shall
be anaesthetized at the moment of the execution. "The authorized physician of the Bureau of
Corrections, after thorough examination, shall officially make
As soon as facilities are provided by the Bureau of a pronouncement of the convict's death and shall certify
Prisons, the method of carrying out the sentence shall be thereto in the records of the Bureau of Corrections.
changed to gas poisoning.
The death sentence shall be carried out not earlier
The death sentence shall be carried out not later than one (1) year nor later than eighteen (18) months after
than one (1) year after the judgment has become final. the judgment has become final and executory without
prejudice to the exercise by the President of his executive
Section 25. Article 83 of the same Code is hereby clemency powers at all times."
amended to read as follows:
Sec. 2. Persons already sentenced by judgment,
"Art. 83. Suspension of the execution of the death which has become final and executory, who are waiting to
sentence. - The death sentence shall not be inflicted upon undergo the death penalty by electrocution or gas poisoning
a woman while she is pregnant or within one (1) year shall be under the coverage of the provisions of this Act
after delivery, nor upon any person over seventy years of upon its effectivity. Their sentences shall be automatically
age. In this last case, the death sentence shall be modified for this purpose.
commuted to the penalty of reclusion perpetua with the
accessory penalties provided in Article 40. Sec. 3. Implementing Rules. The Secretary of
Justice in coordination with the Secretary of Health and the
In all cases where the death sentence has become Bureau of Corrections shall, within thirty (30) days from the
final, the records of the case shall be forwarded effectivity of this Act, promulgate the rules to implement its
immediately by the Supreme Court to the Office of the provisions.
President for possible exercise of the pardoning power."
Sec. 4. Repealing Clause. All laws,
Section 26. < modified or repealed hereby are presidential decrees and issuances, executive orders, rules
Act this of provisions the with inconsistent thereof parts and regulations or parts thereof inconsistent with the
regulations and rules orders, executive issuances, decrees provisions of this Act are hereby repealed or modified
presidential laws,> accordingly.
Section 27. If, for any reason or reasons, any Sec. 5. Effectivity. This Act shall take effect
part of the provision of this Act shall be held to be fifteen (15) days after its publication in the Official Gazette
unconstitutional or invalid, other parts or provisions or in at least two (2) national newspapers of general
hereof which are not affected thereby shall continue to be circulation, whichever comes earlier. Publication shall not be
in full force and effect. later than ten (10) days after the approval thereof.
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e. "Secretary" refers to the Secretary of the the premises of the penal institution where the convict is
Department of Justice; confined.
SECTION 3. Principles. The following SECTION 15. How Lethal Injection is to be
principles shall be observed in the implementation of these Administered. The execution of the death sentence by
Rules: lethal injection shall be done under the authority of the
a. There shall be no discrimination in the treatment of a Director who shall endeavor to mitigate the sufferings of the
death convict on account of race, color, religion, language, convict prior to and during the execution.
politics, nationality, social origin, property, birth or other SECTION 16. Notification and Execution of the
status. Sentence and Assistance to the Convict. The court shall
b. In the execution of a death penalty, the death designate a working day for the execution of the death
convict shall be spared from unnecessary anxiety or distress. penalty but not the hour thereof. Such designation shall only
c. The religious beliefs of the death convict shall be be communicated to the convict after sunrise of the day of
respected. the execution, and the execution shall not take place until
SECTION 4. Prison Services. Subject to after the expiration of at least eight (8) hours following the
the availability of resources, a death convict shall enjoy the notification, but before sunset. During the interval between
following services and privileges to encourage and enhance the notification and execution, the convict shall, as far as
his self-respect and dignity: possible, be furnished such assistance as he may request in
a. Medical and Dental; order to be attended in his last moments by a priest or
b. Religious, Guidance and Counseling; minister of the religion he professes and to consult his
c. Exercise; lawyers, as well as in order to make a will and confer with
d. Visitation; and members of his family or of persons in charge of the
e. Mail. management of his business, of the administration of his
SECTION 5. Confinement. Whenever property, or of the care of his descendants.
practicable, the death convict shall be confined in an SECTION 17. Suspension of the Execution of the
individual cell in a building that is exclusively assigned for Death Sentence. Execution by lethal injection shall not be
the use of death convicts. The convict shall be provided with inflicted upon a woman within the three years next following
a bunk, a steel/wooden bed or mat, a pillow or blanket and the date of the sentence or while she is pregnant, nor upon
mosquito net. any person over seventy (70) years of age. In this latter
case, the death sentence shall be commuted to the penalty
SECTION 6. Religious Services. Subject of reclusion perpetua with the accessory penalties provided
to security conditions, a death convict may be visited by the in Article 40 of the Revised Penal Code.
priest or minister of his faith and given such available SECTION 18. Place of Execution. The
religious materials which he may require. execution by lethal injection shall take place in the prison
SECTION 7. Exercise. A death convict establishment and space thereat as may be designated by
shall be allowed to enjoy regular exercise periods under the the Director. Said place shall be closed to public view.
supervision of a guard. SECTION 19. Execution Procedure. Details of
SECTION 8. Meal Services. Meals shall, the procedure prior to, during and after administering the
whenever practicable, be served individually to a death lethal injection shall be set forth in a manual to be prepared
convict inside his cell. Mess utensils shall be made of plastic. by the Director. The manual shall contain details of, among
After each meal, said utensils shall be collected and others, the sequence of events before and after the
accounted. execution; procedures in setting up the intravenous line; the
SECTION 9. Visitation. A death convict administration of the lethal drugs; the pronouncement of
shall be allowed to be visited by his immediate family and death; and the removal of the intravenous system.
reputable friends at regular intervals and during designated Said manual shall be confidential and its distribution
hours subject to security procedures. shall be limited to authorized prison personnel.
SECTION 10. List of Visitors. A list of persons SECTION 20. Quantity and Safekeeping of Drugs
who may visit a death convict shall be compiled and Purchased. The exact quantities of the drugs needed for
maintained by the prison authorities. The list may include an execution of a death penalty shall be purchased by the
the members of the convict's immediate family such as his Director pursuant to existing rules and regulations not
parents, step parents, foster parents, brothers and sisters, earlier than ten (10) days before the scheduled date of
wife or husband and children. The list may, upon the request execution. The drugs shall be kept securely at the office of
of the convict, include his grandparents, aunts, uncles, in- the superintendent of the prison where the death sentence is
laws and cousins. Other visitors may, after investigation, be to be executed. All unused drugs shall be inventoried and
included in the list if it will assist in raising the morale of the disposed of properly under the direct supervision of the
convict. Director.
SECTION 11. Interviews of Convicts. SECTION 21. Administering Lethal Drugs. The
Television, radio and other interviews by media of a death injection of the lethal drugs to a death convict shall be made
convict shall not be allowed. by a person designated by the Director.
SECTION 12. Handling of Inmate Mail. The SECTION 22. Identity of Person Administering
sending and receiving of mail by a death convict shall be Lethal Injection. The identity of the person who is
controlled to prevent illicit communication. Mail shall be designated to administer the lethal injection shall be kept
censored in accordance with existing prison rules. secret.
SECTION 13. Outside Movement. A death SECTION 23. Persons Who May Witness
convict may be allowed to leave his place of confinement Execution. The execution of a death convict shall be
only for diagnosis of a life-threatening situation or treatment witnessed only by the priest or minister assisting the
of a serious ailment, if the diagnosis cannot be done or the offender and by his lawyers, and by his relatives, not
treatment provided in the prison hospital. exceeding six, if the convict so desires, by the physician and
SECTION 14. Court Appearance. A death the necessary personnel of the penal establishment, and by
convict shall not be brought outside the penal institution such persons as the Director may authorize.
where he is confined for appearance or attendance in any A person below eighteen (18) years of age shall
court except when the Supreme Court authorizes, upon not be allowed to witness an execution.
proper application, said outside movement. A judge who SECTION 24. Expulsion of Witness. Any
requires the appearance or attendance of a death convict in person who makes unnecessary noise or displays rude or
any judicial proceeding shall conduct such proceeding within improper behavior during an execution shall be expelled
from the lethal injection chamber.
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SECTION 25. Non-Recording of Execution. Majority vote of the SC is required for the
The Director shall not allow the visual, sound or other imposition of the death penalty.
recording of the actual execution by media or by any private The 1987 Constitution suspended the
person or group. imposition of the death penalty but RA 7659 restored it.
SECTION 26. Disposition of Corpse of Death penalty is not imposed in the following
Convict. Unless claimed by his family, the corpse of a cases:
death convict shall, upon the completion of the legal a. When the
proceedings subsequent to the execution, be turned over to guilty person is below 18 years of age at the
an institution of learning or scientific research first applying
time of the commission of the crime.
for it, for the purpose of study and investigation, provided
b. When the
that such institution shall take charge of the decent burial of
the remains. Otherwise, the Director shall order the burial of guilty person is more than 70 years of age.
the body of the convict at government expense, granting c. When upon
permission to be present thereat to the members of the appeal or automatic review of the case by the
family of the convict and the friends of the latter. In no case SC, the vote of 8 members is not obtained for
shall the burial of a death convict be held with pomp. the imposition of the death penalty.
SECTION 27. Effectivity. These Rules
shall take effect fifteen (15) days after publication in a The death penalty is not excessive, unjust or cruel
newspaper of general circulation. within the meaning of that word in the Constitution.
Punishments are cruel when they involve torture or
APPROVED. lingering death.
RA 296 providing that eight justices must concur
Adopted: April 28, 1997
in the imposition of death penalty is retroactive.
Review by the SC of the death sentence is
absolutely necessary.
In what crimes is death penalty imposed:
1. Treason
2. Piracy
1987 CONSTITUTION. Section 19. 3. Qualified Piracy
1. Excessive fines shall not be imposed, nor cruel, 4. Qualified bribery
degrading or inhuman punishment inflicted. Neither shall 5. Parricide
death penalty be imposed, unless, for compelling 6. Murder
reasons involving heinous crimes, the Congress 7. Infanticide
hereafter provides for it. Any death penalty already 8. Kidnapping and serious
imposed shall be reduced to reclusion perpetua. illegal detention
2. The employment of physical, psychological, or 9. Robbery with homicide
degrading punishment against any prisoner or detainee 10. Destructive arson
or the use of substandard or inadequate penal facilities 11. Rape with homicide
under subhuman conditions shall be dealt with by law. 12. Plunder
13. Certain violations of the
RPC, Art. 40. Death; Its accessory penalties. Dangerous Drugs Act
The death penalty, when it is not executed by reason 14. Carnapping
of commutation or pardon shall carry with it that of
perpetual absolute disqualification and that of civil RPC, Art. 81. When and how the death penalty is
interdiction during thirty years following the date to be executed. The death sentence shall be
sentence, unless such accessory penalties have been executed with reference to any other and shall consist in
expressly remitted in the pardon. putting the person under sentence to death by
electrocution. The death sentence shall be executed
under the authority of the Director of Prisons,
RPC, Art. 47. In what cases the death endeavoring so far as possible to mitigate the sufferings
penalty shall not be imposed. The death penalty of the person under sentence during electrocution as
shall be imposed in all cases in which it must be well as during the proceedings prior to the execution.
imposed under existing laws, except in the following If the person under sentence so desires, he shall be
cases: anaesthetized at the moment of the electrocution.
1. When the guilty person be more than seventy
years of age. Death sentence shall be executed with preference to
2. When upon appeal or revision of the case by any other penalty.
the Supreme court, all the members thereof are not Death sentence is executed by lethal injection.
unanimous in their voting as to the propriety of the The death sentence shall be carried out not earlier
imposition of the death penalty. For the imposition of than 1 year nor later than 18 months after the judgment
said penalty or for the confirmation of a judgment of the becomes final and executory, without prejudice to the
inferior court imposing the death sentence, the Supreme exercise by the President of his executive clemency
Court shall render its decision per curiam, which shall be powers.
signed by all justices of said court, unless some member
or members thereof shall have been disqualified from Art. 82. Notification and execution of the
taking part in the consideration of the case, in which sentence and assistance to the culprit. The court
even the unanimous vote and signature of only the shall designate a working day for the execution but not
remaining justices shall be required. the hour thereof; and such designation shall not be
communicated to the offender before sunrise of said
day, and the execution shall not take place until after
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the expiration of at least eight hours following the study and investigation, provided that such institute
notification, but before sunset. During the interval shall take charge of the decent burial of the remains.
between the notification and the execution, the culprit Otherwise, the Director of Prisons shall order the burial
shall, in so far as possible, be furnished such assistance of the body of the culprit at government expense,
as he may request in order to be attended in his last granting permission to be present thereat to the
moments by priests or ministers of the religion he members of the family of the culprit and the friends of
professes and to consult lawyers, as well as in order to the latter. In no case shall the burial of the body of a
make a will and confer with members of his family or person sentenced to death be held with pomp.
persons in charge of the management of his business, of
the administration of his property, or of the care of his The burial of the body of a person sentenced to death
descendants. should not be held with pomp.
- The purpose of the law is to prevent anyone
A convict sentenced to death may make a will. from making a hero out of a criminal.
Art. 47 provides for cases in which death penalty is Echegaray v. Secretary of Justice
not to be imposed. On the other hand, Art. 83 provides 301 SCRA 96 (1999)
for suspension only of the execution of death sentence. Facts: Upon conviction of Echegaray in People
RTC can suspend execution of death sentence. v. Echegaray, the SC temporarily restrained the
The records of the case shall be forwarded to the execution of its own decision. The respondents claim
Office of the President, when the death sentence has that SC has no more jurisdiction over the case because
become final, for possible exercise of the pardoning judgment has become final and it cannot restrain the
power. execution of its decision.
Held: The rule on finality of judgment cannot
divest the SC of its jurisdiction to execute and enforce
Art. 84. Place of execution and persons
the same judgment. Notwithstanding the order of
who may witness the same. The execution shall
execution and the executory nature thereof on the date
take place in the penitentiary of Bilibid in a space closed
set, the date can be postponed. The power to control the
to the public view and shall be witnessed only by the
execution of its decision is an essential aspect of
priests assisting the offender and by his lawyers, and by
jurisdiction supervening events may change the
his relatives, not exceeding six, if he so request, by the
circumstance of the parties and compel the courts to
physician and the necessary personnel of the penal
intervene and adjust the rights of the litigants to
establishment, and by such persons as the Director of
prevent unfairness. The SC did not restrain the
Prisons may authorize.
effectivity of the law enacted by the Congress. It merely
restrained the execution of its judgment to give
The execution shall take place in the penitentiary or reasonable time to check its fairness in light of
Bilibid in a space closed to the public view. supervening events in Congress.
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of the SC but also it is its duty to review all death pardoned after undergoing the penalty for thirty years,
penalty cases. unless such person by reason of his conduct or some
Sec. 8 of Rule 124 of the Rules of Court which other serious cause shall be considered by the Chief
authorizes the dismissal of an appeal when the appellant Executive as unworthy of pardon.
jumps bail has no application to cases where the death Reclusion temporal. The penalty of
penalty has been imposed. reclusion temporal shall be from twelve years and one
day to twenty years.
People v. Munoz Prision mayor and temporary
170 SCRA 107(1989) disqualification. The duration of the penalties of
Facts: Of the 11 persons who were charged prision mayor and temporary disqualification shall be
with murder, only 4 were identified and convicted. They from six years and one day to twelve years, except
were held guilty for killing 3 persons. when the penalty of disqualification is imposed as an
Held: The advocates of the Masangkay ruling accessory penalty, in which case its duration shall be
argue that the Constitution abolished the death penalty that of the principal penalty.
and thereby limited the penalty for murder to the
remaining periods, to wit, the minimum and the
Art. 41. Reclusion perpetua and reclusion
medium. However, a reading of the Constitution will
temporal; Their accessory penalties. The
readily show that there is really nothing therein which
penalties of reclusion perpetua and reclusion temporal
expressly declares the abolition of death penalty. It
shall carry with them that of civil interdiction for life or
merely states that the death penalty shall not be
during the period of the sentence as the case may be,
imposed unless for compelling reasons involving heinous
and that of perpetual absolute disqualification which the
crimes the Congress hereafter provides for it and, if
offender shall suffer even though pardoned as to the
already imposed, shall be reduced to reclusion perpetua.
principal penalty, unless the same shall have been
The Constitution does not change the
expressly remitted in the pardon.
periods of the penalty prescribed by Art. 248 of the RPC,
except only in so far as it prohibits the imposition of the
death penalty and reduces it to reclusion perpetua. The Art. 42. Prision mayor; Its accessory
range of the medium and minimum penalties remains penalties. The penalty of prision mayor, shall carry
unchanged. The problem is an event is addressed not to with it that of temporary absolute disqualification and
this Court but to the Congress. that of perpetual special disqualification from the right of
suffrage which the offender shall suffer although
Abolition of the Death Penalty pardoned as to the principal penalty, unless the same
Republic Act No. 9346 shall have been expressly remitted in the pardon.
People v. Ramirez
Art. 27. Reclusion perpetua. Any person
356 SCRA 595 (2001)
sentenced to any of the perpetual penalties shall be
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The court shall determine, according to its Art. 33. Effects of the penalties of suspension from
discretion, the period of duration of the bond. any public office, profession or calling, or the right
Should the person sentenced fail to give the of suffrage. The suspension from public office,
bond as required he shall be detained for a period which profession or calling, and the exercise of the right of
shall in no case exceed six months, is he shall have been suffrage shall disqualify the offender from holding such
prosecuted for a grave or less grave felony, and shall office or exercising such profession or calling or right of
not exceed thirty days, if for a light felony. suffrage during the term of the sentence.
The person suspended from holding public office shall
The offender must present 2 sufficient not hold another having similar functions during the
sureties who shall undertake that the offender will not period of his suspension.
commit the offense sought to be prevented, and that in
case such offense be committed they will pay the Art. 34. Civil interdiction. Civil interdiction shall
amount determined by the court; or deprive the offender during the time of his sentence of
The offender must deposit such amount with the rights of parental authority, or guardianship, either
the clerk of court to guarantee said undertaking; or as to the person or property of any ward, of marital
The offender may be detained, if he cannot authority, of the right to manage his property and of the
give the bond, for a period not to exceed 6 months if right to dispose of such property by any act or any
prosecuted for grave or less grave felony, or for a period conveyance inter vivos.
not to exceed 30 days, if for a light felony.
Art. 41. Reclusion perpetua and reclusion
Bond to keep the peace is different from bail bon which
temporal; Their accessory penalties. The
is posted for the provisional release of a person arrested
penalties of reclusion perpetua and reclusion temporal
for or accused of a crime.
shall carry with them that of civil interdiction for life or
during the period of the sentence as the case may be,
D. ACCESSORY PENALTIES and that of perpetual absolute disqualification which the
offender shall suffer even though pardoned as to the
Art. 30. Effects of the penalties of perpetual or principal penalty, unless the same shall have been
temporary absolute disqualification. The penalties expressly remitted in the pardon.
of perpetual or temporary absolute disqualification for
public office shall produce the following effects:
Art. 42. Prision mayor; Its accessory penalties.
1. The deprivation of the public offices and
The penalty of prision mayor, shall carry with it that of
employments which the offender may have held even if
temporary absolute disqualification and that of perpetual
conferred by popular election.
special disqualification from the right of suffrage which
2. The deprivation of the right to vote in any
the offender shall suffer although pardoned as to the
election for any popular office or to be elected to such
principal penalty, unless the same shall have been
office.
expressly remitted in the pardon.
3. The disqualification for the offices or public
employments and for the exercise of any of the rights
mentioned. Art. 43. Prision correccional; Its accessory
In case of temporary disqualification, such penalties. The penalty of prision correccional shall
disqualification as is comprised in paragraphs 2 and 3 of carry with it that of suspension from public office, from
this article shall last during the term of the sentence. the right to follow a profession or calling, and that of
4. The loss of all rights to retirement pay or perpetual special disqualification from the right of
other pension for any office formerly held. suffrage, if the duration of said imprisonment shall
exceed eighteen months. The offender shall suffer the
disqualification provided in the article although pardoned
Art. 31. Effect of the penalties of perpetual or
as to the principal penalty, unless the same shall have
temporary special disqualification. The penalties
been expressly remitted in the pardon.
of perpetual or temporal special disqualification for
public office, profession or calling shall produce the
following effects: Art. 44. Arresto; Its accessory penalties. The
1. The deprivation of the office, employment, penalty of arresto shall carry with it that of suspension
profession or calling affected; of the right to hold office and the right of suffrage during
2. The disqualification for holding similar the term of the sentence.
offices or employments either perpetually or during the
term of the sentence according to the extent of such Art. 45. Confiscation and forfeiture of the proceeds
disqualification. or instruments of the crime. Every penalty
imposed for the commission of a felony shall carry with
Art. 32. Effect of the penalties of perpetual or it the forfeiture of the proceeds of the crime and the
temporary special disqualification for the exercise instruments or tools with which it was committed.
of the right of suffrage. The perpetual or Such proceeds and instruments or tools shall be
temporary special disqualification for the exercise of the confiscated and forfeited in favor of the Government,
right of suffrage shall deprive the offender perpetually or unless they be property of a third person not liable for
during the term of the sentence, according to the nature the offense, but those articles which are not subject of
of said penalty, of the right to vote in any popular lawful commerce shall be destroyed.
election for any public office or to be elected to such
office. Moreover, the offender shall not be permitted to PERPETUAL OR TEMPORARY ABSOLUTE
hold any public office during the period of his DISQUALIFICATION
disqualification.
Effects:
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a. Deprivation of any public office or employment from the confiscation as that would increase the penalty
f offender already imposed.
b. Deprivation of the right to vote in any election
or to be voted upon PAYMENT OF COSTS
c. Loss of rights to retirement pay or pension Includes:
All these effects last during the lifetime of the convict a. Fees, and
and even after the service of the sentence except as b. Indemnities, in the course of judicial
regards paragraphs 2 and 3 of the above in connection proceedings.
with temporary absolute disqualification.
Costs may be fixed amounts already determined by
PERPETUAL OR TEMPORARY SPECIAL law or regulations or amounts subject to a schedule.
DISQUALIFICATION If the accused is convicted; costs may be charged
Effects: against him. If he is acquitted, costs are de officio,
For public office, profession or calling: meaning each party bears his own expense.
a. Deprivation of the office, employment, profession
or calling affected; E. MEASURES NOT CONSIDERED PENALTY
b. Disqualification for holding similar offices or
employments during the period of disqualification; RPC, Art. 24. Measures of prevention or
For the exercise of right to suffrage: safety which are nor considered penalties. The
c. Deprivation of the right to vote or to be elected in following shall not be considered as penalties:
an office; 1. The arrest and temporary detention of
d. Cannot hold any public office during the period of accused persons, as well as their detention by reason of
disqualification insanity or imbecility, or illness requiring their
confinement in a hospital.
The penalty for disqualification if imposed as an 2. The commitment of a minor to any of the
accessory penalty is imposed for PROTECTION and NOT institutions mentioned in Article 80 and for the purposes
for the withholding of a privilege. specified therein.
Temporary disqualification or suspension if imposed as 3. Suspension from the employment of public
an accessory penalty, the duration is the same as that of office during the trial or in order to institute
the principal penalty. proceedings.
4. Fines and other corrective measures which,
SUSPENSION FROM PUBLIC OFFICE, THE RIGHT TO in the exercise of their administrative disciplinary
VOTE AND BE VOTED FOR, THE RIGHT TO powers, superior officials may impose upon their
PRACTICE A PROFESSION OR CALLING subordinates.
5. Deprivation of rights and the reparations
Effects: which the civil laws may establish in penal form.
a. Disqualification from holding such office or the
exercise of such profession or right of suffrage
They are not penalties because they are not imposed
during the term of the sentence;
as a result of judicial proceedings. Those mentioned in
b. Cannot hold another office having similar
par. 3 and 4 are merely preventive measures before
functions during the period of suspension.
conviction of offenders.
The commitment of a minor mentioned in par. 2 is not
CIVIL INTERDICTION
a penalty because it is not imposed by the court in a
Effects:
judgment of conviction. The imposition of the sentence
Deprivation of the following rights:
in such case is suspended.
1) Parental
The succeeding provisions are some examples of
authority
deprivation of rights established in penal form:
2) Guardianship
over the ward
3) Marital authority Family Code, Art. 228. Parental authority
4) Right to manage terminates permanently:
property and to dispose of the same by acts (1) Upon the death of the parents;
inter vivos (2) Upon the death of the child; or
(3) Upon emancipation of the child. (327a)
Civil interdiction is an accessory penalty to the
following principal penalties: Family Code, Art. 229. Unless subsequently
a) Death if commuted to life imprisonment; revived by a final judgment, parental authority also
b) Reclusion perpetua terminates:
c) Reclusion temporal (1) Upon adoption of the child;
(2) Upon appointment of a general guardian;
INDEMNIFICATION OR CONFISCATION OF (3) Upon judicial declaration of abandonment
INSTRUMENTS ORPROCEES OF THEOFFENSE of the child in a case filed for the purpose;
(4) Upon final judgment of a competent court
This is included in every penalty for the commission of divesting the party concerned of parental authority; or
the crime. (5) Upon judicial declaration of absence or
The confiscation is in favor of the government. incapacity of the person exercising parental authority.
Property of a third person not liable for the offense is (327a)
not subject to confiscation.
If the trial court did not order any confiscation of the F. APPLICATION AND COMPUTATION
proceeds of the crime, the government cannot appeal
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circumstance and there is no aggravating circumstance, 0 represents the penalty prescribed by law in defining
the lesser penalty shall be applied. a crime, which is to be imposed n the PRINCIPAL in a
CONSUMMATED OFFENSE, in accordance with the
PRINCIPALS, ACCOMPLICES AND ACCESSORIES IN provisions of Art. 46. The other figures represent the
CONSUMMATED, FRUSTRATED AND ATTEMPTED degrees to which the penalty must be lowered, to meet
FELONIES. the different situation anticipated by law.
Art. 46. Penalty to be imposed upon EXCEPTIONS: Arts. 50 to 57 shall not apply to cases
principals in general. The penalty prescribed by law where the law expressly prescribes the penalty for
for the commission of a felony shall be imposed upon frustrated or attempted felony, or to be imposed upon
the principals in the commission of such felony. accomplices or accessories.
Whenever the law prescribes a penalty for a felony is
general terms, it shall be understood as applicable to the
consummated felony.
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GENERAL RULE: An accomplice is punished by a commit the same, and upon accomplices and
penalty one degree lower than the penalty imposed accessories.
upon the principal.
EXCEPTIONS: This article provides for the rules to be observed in
a. The ascendants, guardians, curators, lowering the penalty by one or two degrees.
teachers and any person who by abuse of a. For the principal in frustrated felony one
authority or confidential relationship, shall degree lower;
cooperate as accomplices in the crimes of rape, b. For the principal in attempted felony two
acts of lasciviousness, seduction, corruption of degrees lower;
minors, white slate trade or abduction. (Art. 346) c. For the accomplice in consummated felony
b. One who furnished the place for the one degree lower; and
perpetration of the crime of slight illegal d. For the accessory in consummated felony
detention. (Art. 268) two degrees lower.
The rules provided for in Art. 61 should also apply
GENERAL RULE: An accessory is punished by a penalty in determining the MINIMUM of the indeterminate
two degrees lower than the penalty imposed upon the penalty under the Indeterminate Sentence Law. The
principal. MINIMUM of the indeterminate penalty is within the
EXCEPTION: When accessory is punished as principal range of the penalty next lower than that prescribed by
knowingly concealing certain evil practices is ordinarily the RPC for the offense.
an act of the accessory, but in Art. 142, such act is Those rules also apply in lowering the penalty by
punished as the act of the principal. one or two degrees by reason of the presence of
When accessories are punished with a penalty privileged mitigating circumstance (Arts. 68 and 69), or
one degree lower: when the penalty is divisible and there are two or more
a. Knowingly using counterfeited seal or forged mitigating circumstances (generic) and no aggravating
signature or stamp of the President (Art. 162). circumstance (Art. 64).
b. Illegal possession and use of a false treasury The lower penalty shall be taken from the
or bank note (Art. 168). graduated scale in Art. 71.
c. Using falsified document (Art. 173 par.3 )
d. Using falsified dispatch (Art. 173 par. 2) The INDIVISIBLE PENALTIES are:
a. death
Art. 61. Rules for graduating penalties. b. reclusion perpetua
For the purpose of graduating the penalties which, c. public censure
according to the provisions of Articles 50 to 57, The DIVISIBLE PENALTIES are:
inclusive, of this Code, are to be imposed upon persons a. reclusion temporal
guilty as principals of any frustrated or attempted b. prision mayor
felony, or as accomplices or accessories, the following c. prision correccional
rules shall be observed: d. arresto mayor
1. When the penalty prescribed for the felony e. destierro
is single and indivisible, the penalty next lower in f. arresto menor
degrees shall be that immediately following that * the divisible penalties are divided into three periods:
indivisible penalty in the respective graduated scale MINIMUM, MEDIUM AND THE MAXIMUM
prescribed in Article 71 of this Code.
2. When the penalty prescribed for the crime is RULES:
composed of two indivisible penalties, or of one or more
divisible penalties to be impose to their full extent, the FIRST RULE:
penalty next lower in degree shall be that immediately When the penalty is single and indivisible.
following the lesser of the penalties prescribed in the Ex. reclusion perpetua
respective graduated scale. The penalty immediately following it is
3. When the penalty prescribed for the crime is reclusion temporal. Thus, reclusion temporal is the
composed of one or two indivisible penalties and the penalty next lower in degree.
maximum period of another divisible penalty, the
penalty next lower in degree shall be composed of the SECOND RULE:
medium and minimum periods of the proper divisible When the penalty is composed of two indivisible
penalty and the maximum periods of the proper divisible penalties
penalty and the maximum period of that immediately Ex. reclusion perpetua to death
following in said respective graduated scale. The penalty immediately following
4. when the penalty prescribed for the crime is the lesser of the penalties, which is reclusion
composed of several periods, corresponding to different perpetua, is reclusion temporal.
divisible penalties, the penalty next lower in degree shall When the penalty is composed of one or more divisible
be composed of the period immediately following the penalties to be imposed to their full extent
minimum prescribed and of the two next following, Ex. prision correccional to prision mayor
which shall be taken from the penalty prescribed, if The penalty immediately following
possible; otherwise from the penalty immediately the lesser of the penalties of prision
following in the above mentioned respective graduated correccional to prision mayor is arresto mayor.
scale.
5. When the law prescribes a penalty for a THIRD RULE:
crime in some manner not especially provided for in the When the penalty is composed of two indivisible
four preceding rules, the courts, proceeding by analogy, penalties and the maximum period of a divisible penalty
shall impose corresponding penalties upon those guilty Ex. reclusion temporal in its MAXIMUM period
as principals of the frustrated felony, or of attempt to to death
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only cannot be offset by aggravating circumstances but 2. That one or some of the offenses must be
also reduces the penalty by one or two degrees than necessary to commit the other
that prescribed b law. The governing provision is Art. 69 3. That both or all the offenses must be
of the RPC. punished under the same statute.
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- Ex. A stabbed B. Then, A also stabbed C. when he commits said crimes through separate and
There are two crimes committed. distinct acts.
People v. Geronimo
PLURALITY OF CRIMES RECIDIVISM
100 Phil. 99 (1956)
There is no conviction of There must be conviction As in treason, where both intent and overt act
any of the crimes by final judgment of the are necessary, the crime of rebellion is integrated by the
committed. first or prior offense. coexistence of both the armed uprising for the purposes
expressed in Art. 134 of the RPC, and the overt acts of
CONTINUED CRIME violence described in the first paragraph of Art. 135.
1. A That both purpose and overt acts are essential
single crime consisting of a series of acts but all components of one crime and that without either of
arising from one criminal resolution. them the crime of rebellion legally does not exist, is
2. A shown by the absence of any penalty attached to Art.
continuous, unlawful act or series of acts set on foot 134. It follows, therefore, that any or all of the acts
by a single impulse and operated by an described in Art. 135, when committed as a means to or
unintermittent force, however long a time it may in furtherance of the subversive ends described in Art.
occupy. 134, become absorbed in the crime of rebellion and
Ex. a collector of a commercial firm cannot be regarded or penalized as distinct crimes in
misappropriates for his personal use several themselves.
amounts collected by him from different persons. Not every act of violence is to be deemed
One crime only because the different appropriations absorbed in the crime of rebellion solely because it
are but the different moments during which once happens to be committed simultaneously. If the killing,
criminal resolution arises and a single defraudation robbing, etc were done for private purposes, the crime
develops. would be separately punishable and would not be
absorbed by the rebellion.
A continued crime is not a complex crime.
A continued crime is different from a TRANSITORY Enrile v. Salazar
CRIME which is also called a MOVING CRIME. 186 SCRA 217(1990)
The appellants proposed 3 options to the
REAL OR MATERIAL CONTINUED CRIME court:
PLURALITY (b) abandon Hernandez and adopt the
There is a series of acts performed by the offender. minority view in said case that rebellion cannot
Each act performed b the The different acts absorb more serious crimes, and that under Art.
offender constitutes a constitute only one crime 48 rebellion may be properly complexed with
separate crime because because all of the acts common offenses,
each act is generated by a performed arise from one (c) hold Hernandez applicable only to
criminal impulse. criminal resolution. offense committed in furtherance, or as a
necessary means for the commission, of
People v. Escober (supra) rebellion, but not to acts committed in the course
Special complex crime of robbery with of a rebellion which also constitute common
homicide. The established rule is that whenever a crimes of grave or less grave character,
homicide has been committed as a consequence of or on (d) maintain Hernandez as applying to
the occasion of a robbery, all those who took part are make rebellion absorb all other offenses
principals in the special complex crime of robbery with committed in its course, whether or not
homicide, although they did no actually take part in the necessary to its commission or in furtherance
homicide unless endeavored to prevent homicide. While thereof.
it has been established that Punzalans participation in Held: The Hernandez doctrine remains binding
the crime was to act as a look-out, and as such he did and operates to prohibit the complexing of rebellion with
not participate in the killing of the two helpless victims, another offense committed on the occasion thereof,
he cannot evade responsibility. either as a means necessary to its commission or as an
unintended effect of an activity that constitutes
People v. Hernandez rebellion.
99 Phil. 515 (1956)
Facts: Hernandez and others were charged People v. Toling
with the crime of rebellion with multiple murder, arsons 62 SCRA 17 (1975)
and robberies. He was found guilty and sentenced to The eight killings and the attempted killing
suffer life imprisonment. should be treated as separate crimes of murder and
Held: Murder, arson and robbery are mere attempted murder qualified by treachery. The
ingredients of the crime of rebellion, as a means unexpected surprise assaults perpetrated by the twins
necessary for the perpetration of the offense. Such upon their co-passengers, who did not anticipate that
common offenses are absorbed or inherent in the crime the twins would act like juramentados and who were
of rebellion. Inasmuch as the acts specified in Art. 135 unable to defend themselves was a mode of execution
constitute one single crime, it follows that said acts offer that insured the consummation of the twins diabolical
no occasion for the application of Art. 48 which requires objective to butcher their co-passengers. The conduct of
therefore the commission of at least 2 crimes. the twins evinced conspiracy and community of design.
Principle of pro reo. Art. 48 is intended to favor The eight killings and the attempted murder were
the culprit: when two or more crimes are the result of a perpetrated by means of different acts. Hence, they
single act, the offender is deemed less perverse than cannot be regarded as constituting a complex crime
under art. 48 of the RPC which refers to cases where a
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345 SCRA 728 (2000) courts between those cases where the killing of the
Facts: Velasquez, poked a toy gun and forced kidnapped victim was purposely sought by the
Karen to go with her at his grandmothers house. Out of accused, and those where the killing of the victim
fear and not knowing that the gun that Velasquez was was not deliberately resorted to but was merely an
holding is a mere toy, Karen went with Velasquez. afterthought. Consequently, the rule now is: Where
Velasquez then raped Karen twice. The trial court the person kidnapped is killed in the course of the
convicted Velasquez of two counts of rape. detention, regardless of whether the killing was
Held: Considering that Velasquez forcibly purposely sought or was merely an afterthought,
abducted Karen and then raped her twice, he should be the kidnapping and murder or homicide can no
convicted of the complex crime of forcible abduction with longer be complexed under Art. 48, nor be treated
rape and simple rape. The penalty for complex crimes is as separate crimes, but shall be punished as a
the penalty for the most serious crime which shall be special complex crime under the last paragraph of
imposed in its maximum period. Rape is the more Art. 267, as amended by RA No. 7659.
serious of the two crimes and is punishable with
reclusion perpetua under Article 335 of the Revised CRIME DIFFERENT FROM THAT INTENDED
Penal Code and since reclusion perpetua is a single
indivisible penalty, it shall be imposed as it is. The Art. 49. Penalty to be imposed upon the principals
subsequent rape committed by Velasquez can no longer when the crime committed is different from that
be considered as a separate complex crime of forcible intended. In cases in which the felony committed is
abduction with rape but only as a separate act of rape different from that which the offender intended to
punishable by reclusion perpetua. commit, the following rules shall be observed:
1. If the penalty prescribed for the felony
SPECIAL COMPLEX CRIMES committed be higher than that corresponding to the
offense which the accused intended to commit, the
Art. 48 does not apply when the law provides one penalty corresponding to the latter shall be imposed in
single penalty for special complex crimes: its maximum period.
1. Robbery with Homicide (Art. 294 (1)) 2. If the penalty prescribed for the felony
2. Robbery with Rape (Art. 294 (2)) committed be lower than that corresponding to the one
3. Kidnapping with serious physical injuries (Art. which the accused intended to commit, the penalty for
267 (3)) the former shall be imposed in its maximum period.
4. Rape with Homicide (Art. 335) 3. The rule established by the next preceding
paragraph shall not be applicable if the acts committed
People v. Empante (1999) by the guilty person shall also constitute an attempt or
Facts: The accused was found guilty of three frustration of another crime, if the law prescribes a
counts of rape against his daughter who was then below higher penalty for either of the latter offenses, in which
18 years old and sentenced him to death and to case the penalty provided for the attempted or the
indemnify his daughter in the amount of P50k with frustrated crime shall be imposed in its maximum
moral damages amounting to another P50k for each period.
count of rape. On appeal, he claims that the trial court
should have appreciated two mitigating circumstances in Art. 49 has reference to Art. 4(1). It applies only when
his favor namely voluntary confession of guilt and there is ERROR IN PERSONAE.
intoxication and sentenced him to a lesser penalty. In Art. 49 pars. 1 and 2, the LOWER PENALTY in its
Held: Qualified rape is punishable by the single MAXIMUM PERIOD is always imposed.
indivisible penalty of death, which must be applied In Par. 3, the penalty for the attempted or frustrated
regardless of any mitigating or aggravating crime shall be imposed in its maximum period. This rule
circumstance which may have attended the commission is not necessary and may well be covered by Art. 48, in
of the deed. view of the fact that the same act also constitutes an
attempt or a frustration of another crime.
IMPOSSIBLE CRIMES
People v. Elizalde
G.R. No. 210434 (2016) Art. 59. Penalty to be imposed in case of
In People v. Mercado, the Court explained that failure to commit the crime because the means
when the person kidnapped is killed in the course of the employed or the aims sought are impossible.
detention, the same shall be punished as a special When the person intending to commit an offense has
complex crime, to wit: already performed the acts for the execution of the
same but nevertheless the crime was not produced by
In People v. Ramos, the accused was found reason of the fact that the act intended was by its
guilty of two separate heinous crimes of kidnapping for nature one of impossible accomplishment or because the
ransom and murder committed on July 13, 1994 and means employed by such person are essentially
sentenced to death. On appeal, this Court modified the inadequate to produce the result desired by him, the
ruling and found the accused guilty of the "special court, having in mind the social danger and the degree
complex crime" of kidnapping for ransom with murder of criminality shown by the offender, shall impose upon
under the last paragraph of Article 267, as amended by him the penalty of arresto mayor or a fine from 200 to
Republic Act No. 7659. This Court said: 500 pesos.
x x x This amendment introduced in our Art. 59 is limited to cases where the act performed
criminal statutes the concept of 'special complex would be grave or less grave felonies.
crime' of kidnapping with murder or homicide. It Basis of penalty:
effectively eliminated the distinction drawn by the
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The penalties which can be simultaneously served Art. 65. Rule in cases in which the penalty
are: is not composed of three periods. In cases in
1. Perpetual absolute disqualification which the penalty prescribed by law is not composed of
2. Perpetual special disqualification three periods, the courts shall apply the rules contained
3. Temporary absolute disqualification in the foregoing articles, dividing into three equal
4. Temporary special disqualification portions of time included in the penalty prescribed, and
5. Suspension forming one period of each of the three portions.
6. Destierro
7. Public Censure
MEANING OF THE RULE
8. Fine and Bond to keep the peace
1. Compute and determine first the 3 periods of
9. Civil interdiction
the entire penalty.
10. Confiscation and payment of costs
2. The time included in the penalty prescribed
should be divided into 3 equal portions, after subtracting
The above penalties, except destierro, can be
the minimum (eliminate the 1 day) from the maximum
served simultaneously with imprisonment.
of the penalty.
Penalties consisting in deprivation of liberty
3. The minimum of the minimum period should
cannot be served simultaneously by reason of
be the minimum of the given penalty (including the 1
the nature of such penalties.
day)
4. The quotient should be added to the minimum
Three-fold Rule
prescribed (eliminate the 1 day) and the total will
The maximum duration of the convicts
represent the maximum of the minimum period. Take
sentence shall not be more than three times the length
the maximum of the minimum period, add 1 day and
of time corresponding to the most severe of the
make it the minimum of the medium period; then add
penalties imposed upon him.
the quotient to the minimum (eliminate the 1 day) of
the medium period and the total will represent the
The phrase the most severe of the penalties includes
maximum of the medium period. Take the maximum of
equal penalties.
the medium period, add 1 day and make it the minimum
The three-fold rule applies only when the convict has
of the maximum period; then add the quotient to the
to serve at least four sentences.
minimum (eliminate the 1 day) of the maximum period
All the penalties, even if by different courts at
and the total will represent the maximum of the
different times, cannot exceed three-fold the most
maximum period.
severe.
- The Rules of Court specifically provide that
any information must not charge more than one offense. H. THE INDETERMINATE SENTENCE LAW
Necessarily, the various offense punished with different
penalties must be charged under different informations ACT NO. 4103
which may be filed in the same court or in different AN ACT TO PROVIDE FOR AN INDETERMINATE
courts, at the same time or at different times. SENTENCE AND PAROLE FOR ALL PERSONS
Subsidiary imprisonment forms part of the penalty. CONVICTED OF CERTAIN CRIMES BY THE COURTS OF
Indemnity is a penalty. THE PHILIPPINE ISLANDS; TO CREATE A BOARD OF
Court must impose all the penalties for all the crimes INDETERMINATE SENTENCE AND TO PROVIDE FUNDS
of which the accused is found guilty, but in the service THEREFOR; AND FOR OTHER PURPOSES
of the same, they shall not exceed three times the most
SECTION 1. Hereafter, in imposing a prison sentence
severe and shall not exceed 40 years.
for an offense punished by the Revised Penal Code, or its
amendments, the court shall sentence the accused to an
Mejorada v. Sandiganbayan indeterminate sentence the maximum term of which shall be
151 SCRA 339 (1987) that which, in view of the attending circumstances, could be
Facts: The petitioner was convicted of violating properly imposed under the rules of the said Code, and the
Section 3(E) of RA No. 3019 aka the Anti-Graft and minimum which shall be within the range of the penalty next
Corrupt Practices Act. One of the issues raised by the lower to that prescribed by the Code for the offense; and if
petitioner concerns the penalty imposed by the the offense is punished by any other law, the court shall
Sandiganbayan which totals 56 years and 8 days of sentence the accused to an indeterminate sentence, the
imprisonment. He impugns this as contrary to the three- maximum term of which shall not exceed the maximum
fold rule and insists that the duration of the aggregate fixed by said law and the minimum shall not be less than the
penalties should not exceed 40 years. minimum term prescribed by the same. (As amended by Act
Held: Petitioner is mistaken in his application No. 4225.)
of the 3-fold rule as set forth in Art. 70 of the RPC. This
SECTION 2. This Act shall not apply to persons
article is to be taken into account not in the imposition
convicted of offenses punished with death penalty or life-
of the penalty but in connection with the service of the
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imprisonment; to those convicted of treason, conspiracy or records and status of prisoners who shall have been
proposal to commit treason; to those convicted of misprision convicted of any offense other than those named in Section
of treason, rebellion, sedition or espionage; to those 2 hereof, and have been sentenced for more than one year
convicted of piracy; to those who are habitual delinquents; by final judgment prior to the date on which this Act shall
to those who have escaped from confinement or evaded take effect, and shall make recommendation in all such
sentence; to those who having been granted conditional cases to the Governor-General with regard to the parole of
pardon by the Chief Executive shall have violated the terms such prisoners as they shall deem qualified for parole as
thereof; to those whose maximum term of imprisonment herein provided, after they shall have served a period of
does not exceed one year, not to those already sentenced by imprisonment not less than the minimum period for which
final judgment at the time of approval of this Act, except as they might have been sentenced under this Act for the same
provided in Section 5 hereof. (As amended by Act No. offense.
4225.)
SECTION 6. Every prisoner released from
SECTION 3. There is hereby created a Board of confinement on parole by virtue of this Act shall, at such
Pardons and Parole to be composed of the Secretary of times and in such manner as may be required by the
Justice who shall be its Chairman, and four members to be conditions of his parole, as may be designated by the said
appointed by the President, with the consent of the Board for such purpose, report personally to such
Commission on Appointments who shall hold office for a government officials or other parole officers hereafter
term of six years: Provided, That one member of the board appointed by the Board of Indeterminate Sentence for a
shall be a trained sociologist, one a clergyman or educator, period of surveillance equivalent to the remaining portion of
one psychiatrist unless a trained psychiatrist be employed by the maximum sentence imposed upon him or until final
the board, and the other members shall be persons qualified release and discharge by the Board of Indeterminate
for such work by training and experience. At least one Sentence as herein provided. The officials so designated
member of the board shall be a woman. Of the members of shall keep such records and make such reports and perform
the present board, two shall be designated by the President such other duties hereunder as may be required by said
to continue until December thirty, nineteen hundred and Board. The limits of residence of such paroled prisoner
sixty-six and the other two shall continue until December during his parole may be fixed and from time to time
thirty, nineteen hundred and sixty-nine. In case of any changed by the said Board in its discretion. If during the
vacancy in the membership of the Board, a successor may period of surveillance such paroled prisoner shall show
be appointed to serve only for the unexpired portion of the himself to be a law-abiding citizen and shall not violate any
term of the respective members. (As amended by Republic of the laws of the Philippine Islands, the Board of
Act No. 4203, June 19, 1965.) Indeterminate Sentence may issue a final certificate of
release in his favor, which shall entitle him to final release
SECTION 4. The Board of Pardons and Parole is and discharge.
authorized to adopt such rules and regulations as may be
necessary for carrying out its functions and duties. The SECTION 7. The Board shall file with the court which
Board is empowered to call upon any bureau, office, branch, passed judgment on the case, and with the Chief of
subdivision, agency or instrumentality of the Government for Constabulary, a certified copy of each order of conditional or
such assistance as it may need in connection with the final release and discharge issued in accordance with the
performance of its functions. A majority of all the members provisions of the next preceding two sections.
shall constitute a quorum and a majority vote shall be
necessary to arrive at a decision. Any dissent from the SECTION 8. Whenever any prisoner released on
majority opinion shall be reduced to writing and filed with parole by virtue of this Act shall, during the period of
the records of the proceedings. Each member of the Board, surveillance, violate any of the conditions of his parole, the
including the Chairman and the Executive Officer, shall be Board of Indeterminate Sentence may issue an order for his
entitled to receive as compensation fifty pesos for each re-arrest which may be served in any part of the Philippine
meeting actually attended by him, notwithstanding the Islands by any police officer. In such case the prisoner so re-
provisions of Section two hundred and fifty-nine of the arrested shall serve the remaining unexpired portion of the
Revised Administrative Code, and in addition thereto, maximum sentence for which he was originally committed to
reimbursement of actual and necessary travelling expenses prison, unless the Board of Indeterminate Sentence shall, in
incurred in the performance of duties: Provided, however, its discretion, grant a new parole to the said prisoner. (As
That the Board meetings will not be more than three times a amended by Act No. 4225.)
week. (As amended by Republic Act No. 4203, June 19,
1965.) SECTION 9. Nothing in this Act shall be construed to
impair or interfere with the powers of the Governor-General
SECTION 5. It shall be the duty of the Board of as set forth in Section 64(i) of the Revised Administrative
Indeterminate Sentence to look into the physical, mental Code or the Act of Congress approved August 29, 1916
and moral record of the prisoners who shall be eligible to entitled "An Act to declare the purpose of the people of the
parole and to determine the proper time of release of such United States as to the future political status of the people of
prisoners. Whenever any prisoner shall have served the the Philippine Islands, and to provide a more autonomous
minimum penalty imposed on him, and it shall appear to the government for those Islands."
Board of Indeterminate Sentence, from the reports of the
prisoner's work and conduct which may be received in SECTION 10. Whenever any prisoner shall be released
accordance with the rules and regulations prescribed, and on parole hereunder he shall be entitled to receive the
from the study and investigation made by the Board itself, benefits provided in Section 1751 of the Revised
that such prisoner is fitted by his training for release, that Administrative Code.
there is a reasonable probability that such prisoner will live Approved and effective on December 5, 1993.
and remain at liberty without violating the law, and that
such release will not be incompatible with the welfare of
society, said Board of Indeterminate Sentence may, in its The indeterminate sentence is composed of:
discretion, and in accordance with the rules and regulations
1. a MAXIMUM taken from the penalty
adopted hereunder, authorize the release of such prisoner
imposable under the penal code
on parole, upon such terms and conditions as are herein
prescribed and as may be prescribed by the Board. The said 2. a MINIMUM taken from the penalty next
Board of Indeterminate Sentence shall also examine the lower to that fixed in the code.
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and one (1) day to twelve (12) years, in any of its voluntarily in writing after being informed of the effects
periods. thereof and with the assistance of counsel to abide by
the same disciplinary rules imposed upon convicted
People v. Saley (supra) prisoners, except in the following cases:
Under the Indeterminate Sentence Law, the "1. When they are recidivists, or have been
maximum term of the penalty shall be "that which, in convicted previously twice or more times of any crime;
view of the attending circumstances, could be properly and
imposed" under the Revised Penal Code, and the "2. When upon being summoned for the
minimum shall be "within the range of the penalty next execution of their sentence they have failed to surrender
lower to that prescribed" for the offense. The penalty voluntarily.
next lower should be based on the penalty prescribed by
the Code for the offense, without first considering any "If the detention prisoner does not agree to
modifying circumstance attendant to the commission of abide by the same disciplinary rules imposed upon
the crime. The determination of the minimum penalty is convicted prisoners, he shall do so in writing with the
left by law to the sound discretion of the court and it can assistance of a counsel and shall be credited in the
be anywhere within the range of the penalty next lower service of his sentence with four-fifths of the time during
without any reference to the periods into which it might which he has undergone preventive imprisonment.
be subdivided. The modifying circumstances are
considered only in the imposition of the maximum term "Credit for preventive imprisonment for the
of the indeterminate sentence. penalty of reclusion perpetua shall be deducted from
The fact that the amounts involved in the instant thirty (30) years.
case exceed P22,000.00 should not be considered in the
initial determination of the indeterminate penalty; "Whenever an accused has undergone
instead, the matter should be so taken as analogous to preventive imprisonment for a period equal to the
modifying circumstances in the imposition of the possible maximum imprisonment of the offense charged
maximum term of the full indeterminate sentence. This to which he may be sentenced and his case is not yet
interpretation of the law accords with the rule that penal terminated, he shall be released immediately without
laws should be construed in favor of the accused. Since prejudice to the continuation of the trial thereof or the
the penalty prescribed by law for the estafa charge proceeding on appeal, if the same is under review.
against accused-appellant is prision correccional Computation of preventive imprisonment for purposes of
maximum to prision mayor minimum, the penalty next immediate release under this paragraph shall be the
lower would then be prision correccional minimum to actual period of detention with good conduct time
medium. Thus, the minimum term of the indeterminate allowance: Provided, however, That if the accused is
sentence should be anywhere within six (6) months and absent without justifiable cause at any stage of the trial,
one (1) day to four (4) years and two (2) months . the court may motu proprio order the rearrest of the
accused: Provided, finally, That recidivists, habitual
I. SPECIAL PENAL LAWS ON delinquents, escapees and persons charged with heinous
PENALTIES crimes are excluded from the coverage of this Act. In
case the maximum penalty to which the accused may be
Subsidiary Penalty (R.A. 10592) sentenced is lestierro, he shall be released after thirty
Preventive Imprisonment (R.A. 10592) (30) days of preventive imprisonment."
Good Conduct Time Allowance and other
Allowances (R.A. 10592) SECTION 2. Article 94 of the same Act is hereby further
Obstruction of Justice (P.D. 1829) amended to read as follows:
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twenty-three days for each month of good behavior SECTION 8. Separability Clause. If any part hereof
during detention; is held invalid or unconstitutional, the remainder of the
"3. During the following years until the tenth provisions not otherwise affected shall remain valid and
year, inclusive, of his imprisonment, he shall be allowed subsisting.
a deduction of twenty-five days for each month of good
behavior during detention;
"4. During the eleventh and successive years SECTION 9. Repealing Clause. Any law, presidential
of his imprisonment, he shall be allowed a deduction of decree or issuance, executive order, letter of instruction,
thirty days for each month of good behavior during administrative order, rule or regulation contrary to or
detention; and inconsistent with the provisions of this Act is hereby
"5. At any time during the period of repealed, modified or amended accordingly.
imprisonment, he shall be allowed another deduction of
fifteen days, in addition to numbers one to four hereof, SECTION 10. Effectivity Clause. This Act shall take
for each month of study, teaching or mentoring service effect fifteen (15) days from its publication in the Official
time rendered. Gazette or in at least two (2) new papers of general
circulation.
"An appeal by the accused shall not deprive
him of entitlement to the above allowances for good
conduct." PRESIDENTIAL DECREE No. 1829
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caseload is heavy and the office is understaff or where the Facts: The respondent is a deputy sheriff who
residence of the clientele is very far from the Parole and was charged of violating the Dangerous Drugs Act and is
Probation Office. As defined, a Volunteer Probation Aide is a now claiming he is in probation. The OCA filed an
volunteer who is a citizen of good moral character and good administrative case against him and he was suspended
standing in the community, who has been carefully selected from office.
and trained to do volunteer probation work. He is appointed Held: While indeed the purpose of the
by the Administrator after successful completion of the
Probation Law is to save valuable human material, it
Introductory Training Course for probation volunteers. His
must not be forgotten that unlike pardon probation does
term of office is one year but can be renewed thereafter or
terminated earlier depending upon his performance and
not obliterate the crime of which the person under
willingness to serve. probation has been convicted. The image of the judiciary
is tarnished by conduct involving moral turpitude. The
Further, the PAROLE AND PROBATION ADMINISTRATION - reform and rehabilitation of the probationer cannot
(PPA), through its Community Services Division, Regional justify his retention in the government service.
and Field Offices nationwide, has been tapping
government/non-government organizations/individuals for Suspension in case of Insanity or Minority
various rehabilitation programs and activities for
probationers, parolees and pardonees.
Art. 79. Suspension of the execution and
service of the penalties in case of insanity. When
Llamado v. CA a convict shall become insane or an imbecile after final
174 SCRA 566 (1989) sentence has been pronounced, the execution of said
In its present form, Section 4 of the Probation sentence shall be suspended only with regard to the
Law establishes a much narrower period during which an personal penalty, the provisions of the second paragraph
application for probation ma be filed with the trial court: of circumstance number 1 of Article 12 being observed
after the trial court shall have convicted and sentenced in the corresponding cases.
a defendant and within the period for perfecting an If at any time the convict shall recover his
appeal. The provision expressly prohibits the grant of reason, his sentence shall be executed, unless the
an application for probation if the defendant has penalty shall have prescribed in accordance with the
perfected an appeal from the judgment of conviction. provisions of this Code.
Petitioners right to apply for probation was The respective provisions of this section shall
lost when he perfected his appeal from the judgment of also be observed if the insanity or imbecility occurs while
the trial court. The trial court lost jurisdiction already the convict is serving his sentence.
over the case.
Only execution of personal penalty is suspended: civil
Bala v. Martinez
liability may be executed even in case of insanity of
181 SCRA 459 (1990)
convict.
P.D. No. 1990 which amends Sec. 4 of P.D. No.
An accused may become insane:
968 is not applicable to the case at bar. It went into
a. at the time of commission of the crime
effect on Jan. 15, 1985 and cannot be given retroactive
exempt from criminal liability
effect because it would be prejudicial to the accused.
b. at the time of the trial
Bala was placed on probation on Aug. 11, 1982.
- court shall suspend hearings and order
Expiration of probation period alone does not
his confinement in a hospital until he
automatically terminate probation; a final order of
recovers his reason
discharge from the court is required. Probation is
c. at the time of final judgment or while
revocable before the final discharge by the court.
serving sentence
Probationer failed to reunite with responsible society. He
execution suspended with regard to the
violated the conditions of his probation. Thus, the
personal penalty only
revocation of his probation is compelling.
see Exempting Circumstance of Minority for P.D. No.
Salgado v. CA
603 and Rule on Juveniles in Conflict with Law.
189 SCRA 304 (1990)
There is no question that the decision
convicting Salgado of the crime of serious physical
injuries had become final and executory because the VI. EXTINCTION OF CRIMINAL
filing by respondent of an application for probation is
deemed a waiver of his right to appeal. LIABILITY
The grant of probation does not extinguish the
civil liability of the offender. The order of probation with
one of the conditions providing for the manner of
A. TOTAL EXTINCTION
payment of the civil liability during the period of
probation, did not increase or decrease the civil liability Art. 89. How criminal liability is totally
adjudged. extinguished. Criminal liability is totally
The conditions listed under Sec. 10 of the extinguished:
Probation law are not exclusive. Courts are allowed to 1. By the death of the convict, as to the
impose practically any term it chooses, the only personal penalties and as to pecuniary penalties, liability
limitation being that it does not jeopardize the therefor is extinguished only when the death of the
constitutional rights of the accused. offender occurs before final judgment.
2. By service of the sentence;
Office of the Court Administrator v. Librado 3. By amnesty, which completely extinguishes
260 SCRA 625 (1996) the penalty and all its effects;
4. By absolute pardon;
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Art. 97. Allowance for good conduct. grant allowances for good conduct. Such allowances
The good conduct of any prisoner in any penal institution once granted shall not be revoked.
shall entitle him to the following deductions from the
period of his sentence:
1. During the first two years of his
imprisonment, he shall be allowed a deduction of five VII. CIVIL LIABILITY ARISING FROM
days for each month of good behavior; FELONY
2. During the third to the fifth year, inclusive,
of his imprisonment, he shall be allowed a deduction of
eight days for each month of good behavior; As a general rule, an offense causes two classes of
3. During the following years until the tenth injuries:
year, inclusive, of his imprisonment, he shall be allowed 1. SOCIAL INJURY produced by the
a deduction of ten days for each month of good disturbance and alarm which are the outcome
behavior; and of the offense
4. During the eleventh and successive years of - this is sought to be repaired through the
his imprisonment, he shall be allowed a deduction of imposition of the corresponding penalty.
fifteen days for each month of good behavior. 2. PERSONAL INJURY caused to the victim of
the crime who may have suffered damage,
GOOD CONDUCT ALLOWANCES OF A PRISONER IN either to his person, to his property, to his
A PENAL INSTITUTION: honor, or to her chastity.
1. First 2 years - this is sought to be repaired through
a. 5 days per month of good behavior indemnity which is civil in nature.
2. 3rd 5th year
b. 8 days A. GENERAL RULE
3. following years to 10th year
c. 10 days
RPC, Art. 100. Civil liability of a person
4. 11th year and successive years
guilty of felony. Every person criminally liable for a
d. 15 days
felony is also civilly liable.
These allowances are granted by the Director of
Prisons and once given cannot be revoked. BASIS: A crime has dual character: a) as an offense
against the state because of the disturbance of the
social order; and b) as an offense against the private
Art. 98. Special time allowance for loyalty.
person injured by the crime unless it involves the crime
A deduction of one-fifth of the period of his sentence
of treason, rebellion, espionage, contempt and others
shall be granted to any prisoner who, having evaded the
wherein no civil liability arises on the part of the
service of his sentence under the circumstances
offender either because there are no damages to be
mentioned in Article 58 of this Code, gives himself up to
compensated or there is no private person injured by
the authorities within 48 hours following the issuance of
the crime.
a proclamation announcing the passing away of the
calamity or catastrophe to in said article.
In crimes against persons, like the crime of physical
injuries, the injured party is entitled to be paid for
SPECIAL TIME ALLOWANCE FOR LOYALTY whatever he spent for the treatment of his wounds,
- it is a deduction of 1/5 of the period of his sentence if doctors fees etc. as well as for loss or impairment of
he, having evaded the service of his sentence under the earning capacity.
circumstances mentioned in Art. 158, gives himself up
to the authorities within 48 hours following the issuance Moral damages may be recovered as well.
of a proclamation announcing the passing away of the
calamity. Exemplary damages as part of the civil liability ma be
imposed when the crime was committed with one or
This article does not apply to prisoners who did not more aggravating circumstances.
escape.
But if there is no damage caused by the commission
The deduction of 1/5 is based on the original of the crime, the offender is not civilly liable.
sentence.
Civil liability arises from the commission of the felony.
Under Art. 158, a convict who evaded service of his It is determined in the criminal action except:
sentence by leaving the penal institution on the occasion a. the offended party waives
of disorder resulting from a conflagration, earthquake, his right to file a civil action
explosion or similar catastrophe or during a mutiny in b. the offended party reserves
which he did not participate, is liable to an increased his right to institute it separately, or
penalty (1/5 of the time still remaining to be served c. the offended party institutes
not to exceed 6 months) if he fails to give himself up the civil action prior to the criminal action.
within 48 hours following the issuance of a proclamation
by the President announcing the passing away of the A reservation of the right to file a separate civil action
calamity. only gives the party aggrieved the right to choose under
which body of laws he must bring the civil action, either
under the:
Art. 99. Who grants time allowances.
Whenever lawfully justified, the Director of Prisons shall
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1. RPC where the recovery may be defeated the recovery of civil liability arising from the offense
by proof that the acts on which the action is based do charged shall be deemed instituted with the criminal
not exist, or action unless the offended party waives the civil action,
2. Civil Code where the same proof is reserves the right to institute it separately or institutes
required to preclude recovery, or proof of diligence in the civil action prior to the criminal action.
the selection and employment of the employee The reservation of the right to institute
separately the civil action shall be made before the
Effect of ACQUITTAL: prosecution starts presenting its evidence and under
As a rule, if the offender is acquitted, the civil circumstances affording the offended party a reasonable
liability is extinguished, except: opportunity to make such reservation.
a) if the acquittal is on the ground that the guilt When the offended party seeks to enforce civil
has not been proved beyond reasonable doubt liability against the accused by way of moral, nominal,
b) the acquittal was due to an exempting temperate, or exemplary damages without specifying
circumstance like insanity and the amount thereof in the complaint or information, the
c) when the court finds and states in its judgment filing fees thereof shall constitute a first lien on the
that there is only civil responsibility. judgment awarding such damages.
Where the amount of damages, other than
SEPARATE CIVIL ACTION actual, is specified in the complaint or information, the
The rule is that when the criminal action is corresponding filing fees shall be paid by the offended
instituted, a separate civil action cannot be instituted or party upon the filing thereof in court.
if already instituted, it is to be suspended. Said rule Except as otherwise provided in these Rules,
applies only when the plaintiff in the civil action is the no filing fees shall be required for actual damages.
offended party in the criminal action and both cases No counterclaim, cross-claim or third-party
arise from the same offense. complaint may be filed by the accused in the criminal
Exceptions: case, but any cause of action which could have been the
Independent civil actions may be filed for: subject thereof may be litigated in a separate civil
a. violations of fundamental rights (Art. 32) action. (1a)
b. defamation, fraud and physical injuries (b) The criminal action for violation of Batas
(Art. 33) Pambansa Blg. 22 shall be deemed to include the
c. failure or refusal of a member of the corresponding civil action. No reservation to file such
police force to render aid or protection to any civil action separately shall be allowed.
person in case of danger to life or property Upon filing of the aforesaid joint criminal and
(Art. 34) civil actions, the offended party shall pay in full the filing
PERTINENT PROVISIONS fees based on the amount of the check involved, which
shall be considered as the actual damages claimed.
Civil Code, Art. 20. Every person who, Where the complaint or information also seeks to
contrary to law, wilfully or negligently causes damage to recover liquidated, moral, nominal, temperate or
another, shall indemnify the latter for the same. exemplary damages, the offended party shall pay
additional filing fees based on the amounts alleged
Art. 1161. Civil obligations arising from therein. If the amounts are not so alleged but any of
criminal offenses shall be governed by the penal laws, these damages are subsequently awarded by the court,
subject to the provisions of Article 2177, and of the the filing fees based on the amount awarded shall
pertinent provisions of Chapter 2, Preliminary Title, on constitute a first lien on the judgment
Human Relations, and of Title XVIII of this Book, Where the civil action has been filed separately
regulating damages. (1092a) and trial thereof has not yet commenced, it may be
consolidated with the criminal action upon application
Art. 2176. Whoever by act or omission causes with the court trying the latter case. If the application is
damage to another, there being fault or negligence, is granted, the trial of both actions shall proceed in
obliged to pay for the damage done. Such fault or accordance with section 2 of this Rule governing
negligence, if there is no pre-existing contractual consolidation of the civil and criminal actions. (cir. 57-
relation between the parties, is called a quasi-delict and 97)
is governed by the provisions of this Chapter. Section 2. When separate civil action is
suspended. After the criminal action has been
Art. 2177. Responsibility for fault or commenced, the separate civil action arising therefrom
negligence under the preceding article is entirely cannot be instituted until final judgment has been
separate and distinct from the civil liability arising from entered in the criminal action.
negligence under the Penal Code. But the plaintiff If the criminal action is filed after the said civil
cannot recover damages twice for the same act or action has already been instituted, the latter shall be
omission of the defendant. (n) suspended in whatever stage it may be found before
judgment on the merits. The suspension shall last until
final judgment is rendered in the criminal action.
RULE 111 Nevertheless, before judgment on the merits is rendered
PROSECUTION OF CIVIL ACTION in the civil action, the same may, upon motion of the
2000 Revised Rules on Criminal Procedure offended party, be consolidated with the criminal action
in the court trying the criminal action. In case of
Section 1. Institution of criminal and civil actions. (a) consolidation, the evidence already adduced in the civil
When a criminal action is instituted, the civil action for action shall be deemed automatically reproduced in the
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criminal action without prejudice to the right of the subsequent criminal action, and (b) the resolution of
prosecution to cross-examine the witnesses presented such issue determines whether or not the criminal action
by the offended party in the criminal case and of the may proceed. (5a)
parties to present additional evidence. The consolidated
criminal and civil actions shall be tried and decided
jointly. Quinto v. Andres (2005)
During the pendency of the criminal action, the Facts: Garcia, a Grade 4 elementary school
running of the period of prescription of the civil action pupil, and his playmate, Wilson Quinto, who was about
which cannot be instituted separately or whose 11 years old saw Andres and Pacheco who invited them
proceeding has been suspended shall be tolled. (n) to go fishing inside a drainage culvert. Wilson assented
The extinction of the penal action does not but Garcia seeing that it was dark inside opted to remain
carry with it extinction of the civil action. However, the seated in a grassy area about 2meters from the
civil action based on delict shall be deemed extinguished entrance of the drainage system. Pacheco, Andres and
if there is a finding in a final judgment in the criminal Quinto, entered the drainage system which was covered
action that the act or omission from which the civil by concrete culvert about a meter high and a meter
liability may arise did not exist. (2a) wide, with water about a foot deep. After a while,
Section 3. When civil action may proceeded respondent Pacheco, who was holding a fish, came out
independently. In the cases provided for in Articles of the drainage system and left without saying a word.
32, 33, 34 and 2176 of the Civil Code of the Philippines, Andres also came out, went back inside, and emerged
the independent civil action may be brought by the again, this time, carrying Wilson who was already dead.
offended party. It shall proceed independently of the Andres laid the boy's lifeless body down in the grassy
criminal action and shall require only a preponderance of area. Shocked at the sudden turn of events, Garcia fled
evidence. In no case, however, may the offended party from the scene. For his part, Andres went to the house
recover damages twice for the same act or omission of petitioner Melba Quinto, Wilson's mother, and
charged in the criminal action. (3a) informed her that her son had died. Melba Quinto rushed
Section 4. Effect of death on civil actions. to the drainage culvert while respondent Andres followed
The death of the accused after arraignment and during her. The respondents aver that since the prosecution
the pendency of the criminal action shall extinguish the failed to adduce any evidence to prove that they
civil liability arising from the delict. However, the committed the crime of homicide and caused the death
independent civil action instituted under section 3 of this of Wilson, they are not criminally and civilly liable for the
Rule or which thereafter is instituted to enforce liability latters death.
arising from other sources of obligation may be Held: The extinction of the penal action does
continued against the estate or legal representative of not carry with it the extinction of the civil action.
the accused after proper substitution or against said However, the civil action based on delict shall be
estate, as the case may be. The heirs of the accused deemed extinguished if there is a finding in a final
may be substituted for the deceased without requiring judgment in the civil action that the act or omission from
the appointment of an executor or administrator and the where the civil liability may arise does not exist. In the
court may appoint a guardian ad litem for the minor present case, the court ruled that respondents cannot be
heirs. held criminally nor civilly liable for the death of Wilson.
The court shall forthwith order said legal In this case, the petitioner failed to adduce proof of any
representative or representatives to appear and be ill-motive on the part of either respondent to kill the
substituted within a period of thirty (30) days from deceased before or after the latter was invited to join
notice. them in fishing. Indeed, the petitioner testified that
A final judgment entered in favor of the respondent Andres used to go to their house and play
offended party shall be enforced in the manner with her son before the latter's death. When the
especially provided in these rules for prosecuting claims petitioner's son died inside the drainage culvert, it was
against the estate of the deceased. respondent Andres who brought out the deceased. He
If the accused dies before arraignment, the then informed the petitioner of her son's death. Even
case shall be dismissed without prejudice to any civil after informing the petitioner of the death of her son,
action the offended party may file against the estate of respondent Andres followed the petitioner on her way to
the deceased. (n) the grassy area where the deceased was.
Section 5. Judgment in civil action not a bar.
A final judgment rendered in a civil action absolving Chua v. CA
the defendant from civil liability is not a bar to a criminal 443 SCRA 142 (2004)
action against the defendant for the same act or Facts: Hao, treasurer of Siena Realty
omission subject of the civil action. (4a) Corporation, filed a complaint-affidavit with the City
Section 6. Suspension by reason of prejudicial Prosecutor of Manila charging Spouses Francis and Elsa
question. A petition for suspension of the criminal Chua, of 4 counts of falsification of public documents
action based upon the pendency of a prejudicial question pursuant to Article 172 in relation to Article 171 of the
in a civil action may be filed in the office of the RPC. Accused allegedly prepared, certified, and falsified
prosecutor or the court conducting the preliminary the Minutes of the Annual Stockholders meeting of the
investigation. When the criminal action has been filed in BOD of the Siena Realty Corporation by causing it to
court for trial, the petition to suspend shall be filed in appear in said Minutes that Hao was present and has
the same criminal action at any time before the participated in said proceedings. During the trial in the
prosecution rests. (6a) MeTC, Atty. Sua-Kho and Atty. Rivera appeared as
Section 7. Elements of prejudicial question. private prosecutors. Chua moved to exclude
The elements of a prejudicial question are: (a) the complainant's counsels as private prosecutors in the
previously instituted civil action involves an issue similar case on the ground that Hao failed to allege and prove
or intimately related to the issue raised in the any civil liability in the case. Petitioner cites the case of
Tan, Jr. v. Gallardo, holding that where from the nature
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of the offense or where the law defining and punishing commits "while" in the discharge of such duties; and 4)
the offense charged does not provide for an indemnity, that said employee is insolvent.
the offended party may not intervene in the prosecution Basilio knew of the criminal case that was filed
of the offense. against his driver because it was his truck that was
Held: Petitioner's contention lacks merit. involved in the incident. Further, it was the insurance
Generally, the basis of civil liability arising from crime is company, with which his truck was insured, that
the fundamental postulate that every man criminally provided the counsel for Pronebo, pursuant to the
liable is also civilly liable. When a person commits a stipulations in their contract. Basilio did not intervene in
crime he offends two entities namely (1) the society in the criminal proceedings, despite knowledge, through
which he lives in or the political entity called the State counsel, that the prosecution adduced evidence to show
whose law he has violated; and (2) the individual employer-employee relationship. With the convict's
member of the society whose person, right, honor, application for probation, the trial court's judgment
chastity or property has been actually or directly injured became final and executory. All told, it is our view that
or damaged by the same punishable act or omission. An the lower court did not err when it found that Basilio was
act or omission is felonious because it is punishable by not denied due process. He had all his chances to
law, it gives rise to civil liability not so much because it intervene in the criminal proceedings, and prove that he
is a crime but because it caused damage to another. was not the employer of the accused, but he chooses
Additionally, what gives rise to the civil liability is really not to intervene at the appropriate time.
the obligation and the moral duty of everyone to repair
or make whole the damage caused to another by reason
Philippine Rabbit v. People
of his own act or omission, whether done intentionally or
427 SCRA 526 (2004)
negligently. The indemnity which a person is sentenced
Facts: Accused Roman, an employee of
to pay forms an integral part of the penalty imposed by
Philippine Rabbit was found guilty and convicted of the
law for the commission of the crime. The civil action
crime of reckless imprudence resulting to triple
involves the civil liability arising from the offense
homicide, multiple physical injuries and damage to
charged which includes restitution, reparation of the
property. The court further ruled that Philippine Rabbit,
damage caused, and indemnification for consequential
in the event of the insolvency of accused, shall be liable
damages.
for his civil liabilities. Accused then jumped bail and
Under the Rules, where the civil action for
remained at-large. Philippine Rabbit filed a notice of
recovery of civil liability is instituted in the criminal
appeal. It argues that, as an employer, it is considered a
action pursuant to Rule 111, the offended party may
party to the criminal case and is conclusively bound by
intervene by counsel in the prosecution of the offense.
the outcome thereof. Consequently, petitioner must be
31 Rule 111(a) of the Rules of Criminal Procedure
accorded the right to pursue the case to its logical
provides that, "[w]hen a criminal action is instituted, the
conclusion including the appeal.
civil action arising from the offense charged shall be
Held: The argument has no merit.
deemed instituted with the criminal action unless the
Undisputedly, petitioner is not a direct party to the
offended party waives the civil action, reserves the right
criminal case, which was filed solely against Roman, its
to institute it separately, or institutes the civil action
employee.
prior to the criminal action."
The cases dealing with the subsidiary liability
Hao did not waive the civil action, nor did she
of employers uniformly declare that, strictly speaking,
reserve the right to institute it separately, nor institute
they are not parties to the criminal cases instituted
the civil action for damages arising from the offense
against their employees. Although in substance and in
charged. Thus, we find that the private prosecutors can
effect, they have an interest therein, this fact should be
intervene in the trial of the criminal action.
viewed in the light of their subsidiary liability. While they
may assist their employees to the extent of supplying
Basilio v. CA
the latter's lawyers, as in the present case, the former
328 SCRA 341 (2000)
cannot act independently on their own behalf, but can
Facts: Pronebo was found guilty by the trial
only defend the accused.
court of Reckless Imprudence resulting to the death of
When the accused-employee absconds or
one Advincula. Pronebo then filed an application for
jumps bail, the judgment meted out becomes final and
probation. Subsequently, the trial court issued an Order
executory. The employer cannot defeat the finality of
granting the motion for execution of the subsidiary
the judgment by filing a notice of appeal on its own
liability of his employer Basilio. Basilio now asserts that
behalf in the guise of asking for a review of its
he was not given the opportunity to be heard by the trial
subsidiary civil liability. Both the primary civil liability of
court to prove the absence of an employer-employee
the accused-employee and the subsidiary civil liability of
relationship between him and accused. Nor that,
the employer are carried in one single decision that has
alternatively, the accused was not lawfully discharging
become final and executory.
duties as an employee at the time of the incident.
Held: The statutory basis for an employer's
subsidiary liability is found in Article 103 of the RPC. This B. SPECIAL CASES
liability is enforceable in the same criminal proceeding
where the award is made. However, before execution Art. 101. Rules regarding civil liability in
against an employer ensues, there must be a certain cases. The exemption from criminal liability
determination, in a hearing set for the purpose of 1) the established in subdivisions 1, 2, 3, 5 and 6 of Article 12
existence of an employer-employee relationship; 2) that and in subdivision 4 of Article 11 of this Code does not
the employer is engaged in some kind of industry; 3) include exemption from civil liability, which shall be
that the employee is adjudged guilty of the wrongful act enforced subject to the following rules:
and found to have committed the offense in the First. In cases of subdivisions 1, 2, and 3 of
discharge of his duties (not necessarily any offense he Article 12, the civil liability for acts committed by an
imbecile or insane person, and by a person under nine
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