Preliminary Title 2.

English rule—such crimes are triable in that country, unless they

DATE OF EFFECTIVENESS AND APPLICATION merely affect things within the vessel or they refer to the internal
management thereof
1. Time when Act takes effect. This code shall take effect on the 1st day of  Philippine courts have no jurisdiction over offenses committed on
January, 1932. board foreign warships in territorial waters

2. Application of its provisions. Except as provided in the treaties and Title One
laws of preferential application, the provisions of this Code shall be FELONIES AND CIRCUMSTANCES
enforced not only within the Philippine Archipelago, including its WHICH AFFECT CRIMINAL LIABILITY
atmosphere, its interior waters and maritime zone, but also outside of its
jurisdiction, against those who: Chapter One
1. Should commit an offense while on a Philippine ship or airship FELONIES
2. Should forge or counterfeit any coin or currency note of the 3. Definitions. Acts and omissions punishable by law are felonies
Philippine Islands or obligations and securities issued by the (delitos).
Government of the Philippine Islands
3. Should be liable for acts connected with the introduction into these Felonies are committed not only be means of deceit (dolo) but also by
islands of the obligations and securities mentioned in the presiding means of fault (culpa).
number; There is deceit when the act is performed with deliberate intent and
4. While being public officers or employees, should commit an offense there is fault when the wrongful act results from imprudence,
in the exercise of their functions negligence, lack of foresight, or lack of skill.
5. Should commit any of the crimes against national security and the  Elements of felonies:
law of nations, defined in Title One of Book Two of this Code. 1. There must be an act or omission
 Philippine vessel or aircraft (merchant ships) 2. The act or commission must be punishable by law
o Merchant ships 3. The act is performed or the omission incurred by means of dolo or
o Must be registered in the Phil. Bureau of Customs culpa
o If a Philippine vessel is in foreign territory, and a crime is committed  Act—an external act which has direct connection with the felony
on the said vessel, the laws of the said foreign country will apply o Only external act is punishable
o If there is a continuing offense on board a foreign vessel and the said  Omission—inaction
vessel docked at the Philippine port, Philippines will have jurisdiction o Failure to perform a positive duty which is one is bound to do
and the crime is triable here o The omission must be punishable by law
o For foreign merchant vessel, crimes will only be triable if the vessel
 There is no crime when there is no law punishing it—nulla crimen, nulla
landed on a Philippine soil or docked at the Philippine terminal point
poena sine lege
o Rules as to jurisdiction over crimes committed aboard foreign
merchant vessels on a foreign territory:  Classification of felonies:
1. French rule—such crimes are not triable in the Courts of that 1. Intentional felonies (dolo)
country, unless their commission affects the peace and security of o The act or omission is malicious and is performed with deliberate
the territory or the safety of the state is endangered intent
o It must be voluntary
o Requisites:

Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 1 of 50

 a. Freedom
b. Intelligence
c. Intent—existence is shown by overt acts
 It is presumed from the commission of an unlawful act
 It is necessary for intentional felonies
2. Culpable felonies (culpa)
o Act or omission is not malicious and the injury caused is
unintentional resulting from imprudence, negligence, lack of
foresight, or lack of skill
o Negligence—deficiency of perception or lack of foresight
 Failure to pay attention and to use due diligence
o Imprudence—deficiency of action or lack of skill
 Failure to take necessary precaution to avoid injury
o Requisites:
a. Freedom
b. Intelligence
c. Imprudent, negligent, lack of foresight or lack of skill
 Mistake of fact
o Ignorance relieves the accused from criminal liability
o Requisites for defense:
1. The act done would have been lawful had the facts been as the
accused believed them to be
2. Intention of the accused in performing the act should be lawful
3. The mistake must be without fault or carelessness on the part of the
accused
 Classes of crimes:
1. Intentional or culpable felonies—punished by the Revised Penal Code
2. Crimes punished by special laws
o Dolo is not required
o The act alone, irrespective of its motives, constitutes the offense
o Motive—moving power to do an act for a definite result
 It is not an essential element of a crime
 Only relevant to testimony of witnesses:
a. If there is doubt in the identity of the assailant
b. If evidence is merely circumstantial
o Mala prohibita—wrong because it is prohibited by statute
o Mala in se—wrong in nature
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
4. Criminal liability. Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful
act done be different from that which he intended.
2. By any person performing an act which would be an offense against
persons or property, were it not for the inherent impossibility of its
accomplishment or an account of the employment of inadequate or
ineffectual means.
 ―He who is the cause of the cause is the cause of the evil caused‖
o Not criminally liable if:
a. There is no provision in the RPC which punishes the act
b. The law allows the person to use necessary force to retain what
belongs to him
o Criminally liable if:
a. There is error in personae or mistake of identity
b. There is a mistake in the blow
c. The injurious result is greater than that intended
o Requisites:
1. An intentional felony has been committed
 A man who creates a sense of danger in the mind of another is
responsible for the resulting injuries
2. The wrong done be direct, natural and logical consequence of the
felony committed
 Proximate cause—a cause which, unbroken by any efficient
intervening cause, produces the injury and without which the
result would not have occurred
 Not a proximate cause:
a. There is an active force that intervened which is a distinct or
foreign act from the accused
b. The resulting injury is due to the intentional act of the victim
 Impossible Crimes
o There is no attempted or frustrated
o Penalty is arresto mayor or a fine of 200 to 500 pesos
o Punishable to suppress criminal propensity or criminal tendency
o Requisites:
1. The act performed would be an offense against persons or property
2. The act was done with evil intent
3. Its accomplishment is inherently impossible, or that the means
employed is either inadequate or ineffectual
Page 2 of 50
 4. The act performed should not constitute a violation of another a. Preparatory acts—ordinarily, they are not punishable except buying
provision of the RPC a picklock (art. 304)
b. Acts of execution—punishable under RPC
5. Duty of the court in connection with acts which should be repressed I. First Stage: Attempted Felony (elements)
but which are not covered by the law, and in cases of excessive penalties. a. Offender commences the commission of the felony directly by
Whenever a court has knowledge of any act which it may deem proper overt acts
to repress and which is not punishable by law, it shall render the proper  No wound or the inflicted wound is not mortal
decision, and shall report to the Chief  There should be an external act and it has direct connection
with the crime intended to be committed
Executive, through the Department of Justice, the reasons which induce
 Indeterminate offense—purpose of the offender in
the court to believe that said act should be made the subject of performing an act is not certain
legislation. b. Does not perform all the acts of execution
In the same way, the court shall submit to the Chief Executive, through c. By reason of some cause or accident
the Department of Justice, such statement as may be deemed proper, d. Other than his own spontaneous desistance
o In attempted felony, the offender never passes the subjective
without suspending the execution of the sentence, when a strict
phase of the offense
enforcement of the provisions of this Code would result in the
o The offender begins the commission of the crime to the point
imposition of a clearly excessive penalty, taking into consideration the where he still has control over his acts
degree of malice and the injury caused by the offense. II. Second Stage: Frustrated Felony
 Based on ―nullum crimen, nulla poena sine lege‖ o Infliction of mortal wound
 Contemplates a trial of a criminal case o Reached the objective phase
o Elements:
6. Consummated, frustrated, and attempted felonies. Consummated a. Performs all the acts of execution which would produce the
felonies as well as those which are frustrated and attempted, are felony
punishable. b. Do not produce the felony
c. Independent of the will of the perpetrator
A felony is consummated when all the elements necessary for its  Timely intervention of a 3rd person
execution and accomplishment are present; and it is frustrated when the  If it comes from the perpetrator himself, this element does
offender performs all the acts of execution which would produce the not exist
felony as a consequence but which, nevertheless, do not produce it by I. Third Stage: Consummated Felony
reason of causes independent of the will of the perpetrator. o All the elements necessary for its execution and accomplishment
are present
There is an attempt when the offender commences the commission of a o Determination of the stages:
felony directly or over acts, and does not perform all the acts of 1. Nature of the offense or crime
execution which should produce the felony by reason of some cause or 2. Elements constituting the felony
accident other than this own spontaneous desistance. 3. Manner of committing the felony
 Development of crime: a. Formal Crimes—consummated in one instant, no attempt
1. Internal acts—mere ideas in the mind and are not punishable b. Crimes consummated by mere attempt or proposal by overt
2. External acts act
c. Felony by omission

Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 3 of 50

 d. Crimes requiring the intervention of 2 persons to commit
them are consummated by mere agreement
e. Material crimes—has 3 stages of execution
7. When light felonies are punishable. Light felonies are punishable only
when they have been consummated, with the exception of those
committed against person or property.
 Infractions of law for the commission which the penalty of arresto menor
or a fine not exceeding 200 pesos or both, is provided
 Arresto menor—imprisonment from 1 to 30 days
 Light felonies committed against persons or property are punishable
even if frustrated or attempted
 Light felonies committed against persons
a. Slight physical injuries
b. Intriguing against honor
 Light felonies committed against property
a. Theft
b. Malicious mischief
c. Alteration of boundary marks
8. Conspiracy and proposal to commit felony. Conspiracy and proposal to
commit felony are punishable only in the cases in which the law specially
provides a penalty therefor.
A conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.
There is proposal when the person who has decided to commit a felony
proposes its execution to some other person or persons.
 General Rule: conspiracy and proposal are not punishable because they
are only deemed as preparatory acts
 Exception: it is only punishable if the law specifically provides for a
penalty therefor
 Conspiracy—the act of one is the act of all
o If it is only a manner of incurring criminal liability, then it is not
punishable as a separate offense
 Proposal—it is not necessary that the person to whom the proposal is
made agrees
o There is no criminal proposal when:
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
1. The person who proposes is not determined to commit the felony
2. There is no decided, concrete and formal proposal
3. It is not the execution of a felony that is proposal
9. Grave felonies, less grave felonies and light felonies. Grave felonies are
those to which the law attaches the capital punishment or penalties
which in any of their periods are afflictive, in accordance with Art. 25 of
this Code.
Less grave felonies are those which the law punishes with penalties
which in their maximum period are correctional, in accordance with the
above-mentioned article.
Light felonies are those infractions of law for the commission of which a
penalty of arrest menor or a fine not exceeding 200 pesos or both; is
provided.
 Afflictive penalties:
1. Reclusion perpetua—from 20 years and 1 day to 40 years
2. Reclusion temporal—from 12 years and 1 day to 20 years
3. Perpetual or temporary absolute disqualification
4. Perpetual or temporary special disqualification
5. Prision mayor—from 6 years and 1 day to 12 years
 Correctional penalties:
1. Prision correccional—from 6 months and 1 day to 6 years
2. Arresto mayor—from 1 month and 1 day to 6 months
3. Suspension
4. Destierro
10. Offenses not subject to the provisions of this Code. Offenses which
are or in the future may be punishable under special laws are not subject
to the provisions of this Code. This Code shall be supplementary to such
laws, unless the latter should specially provide the contrary.
 Special legal provisions prevail over general ones
 Special law
o A penal law which punishes act not defined and penalized by RPC
o A statute enacted by the legislative branch, penal in character, which is
not an amendment to the RPC
Page 4 of 50
 Chapter Two f. A light push on the head with a hand
JUSTIFYING CIRCUMSTANCES g. Threat to inflict injury without action
AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY o Reasons that can belie the claim of self-defense:
a. Nature, character, location and extent of the wound
11. Justifying circumstances. The following do not incur any criminal b. Improbability because of age or sex
liability: c. fleeing
 The act of the person is said to be in accordance with law  Reasonable necessity:
1. Necessity of the course of action taken
 There is no criminal liability, hence, there is no crime and no criminal o The place and occasion must be considered
 There is also no civil liability except in No. 4 2. Necessity of the means used
A. Anyone who acts in defense of his person or rights, provided that o Must be rationally necessary
the following circumstances concur; o The test will depend upon:
a. Nature and quality of the weapons
First. Unlawful aggression.
b. Physical condition, character and size
Second. Reasonable necessity of the means employed to prevent or  Requisites of Lack of sufficient provocation:
repel it. 1. When no provocation at all was given to the aggressor by the person
defending himself
Third. Lack of sufficient provocation on the part of the person 2. Even when a provocation was given, it was not sufficient
defending himself. 3. If the provocation is sufficient, it was not given by the person
 Self-defense defending himself
o The burden of proof rests upon the accused 4. Even if a provocation was given by the person defending himself, it
o Rights included are: was not proximate and immediate to the act of aggression
a. Right to life B. Any one who acts in defense of the person or rights of his spouse,
b. Right to property ascendants, descendants, or legitimate, natural or adopted brothers
c. Right to honor or sisters, or his relatives by affinity in the same degrees and those
d. Right to chastity consanguinity within the fourth civil degree, provided that the first
o Based on the impulse of self-preservation born to man and offers
and second requisites prescribed in the next preceding
protection to the person unjustly attacked
circumstance are present, and the further requisite, in case the
 Unlawful aggression—an assault or at least threatened assault of an
revocation was given by the person attacked, that the one making
immediate and imminent kind
o There must be an actual physical assault or threat to inflict injury, or defense had no part therein.
the accused believe that there is danger  Defense of Relatives—based on a humanitarian sentiment and also
o Present on the part of the person injured or killed by the accused upon an impulse of blood
o There is peril to one’s life, limb or right that is actual or imminent C. Anyone who acts in defense of the person or rights of a stranger,
o Not an unlawful aggression: provided that the first and second requisites mentioned in the first
a. Paramour killed the offended husband circumstance of this article are present and that the person
b. Foot-kick greeting defending be not induced by revenge, resentment, or other evil
c. Retaliation motive.
d. Voluntarily joined a fight  Defense of a Stranger
e. Insulting words
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 5 of 50
 o Strangers are also those who are not included in the enumeration of
relatives
D. Any person who, in order to avoid an evil or injury, does not act
which causes damage to another, provided that the following
requisites are present;
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of
preventing it.
 Covers injury to persons and damage to property
 Civil liability is borne by the persons benefited
 The greater evil should not be brought about by the negligence or
imprudence of the actor
E. Any person who acts in the fulfillment of a duty or in the lawful
exercise of a right or office.
 Not necessary that there is unlawful aggression against the person
exercising his right to property
F. Any person who acts in obedience to an order issued by a superior
for some lawful purpose.
 When the order is unlawful or illegal, the subordinate who obeyed it
will be criminally liable
12. Circumstances which exempt from criminal liability. — The following
are exempt from criminal liability:
 Non-imputability
 Based on the complete absence of intelligence, freedom of action, or
intent, or on the absence of negligence on the part of the accused
 There is a crime but no criminal liability, hence, no criminal
 There is civil liability except in nos. 4 and 7
 Must be proved by the defendant
A. An imbecile or an insane person, unless the latter has acted during a
lucid interval.
When the imbecile or an insane person has committed an act which
the law defines as a felony (delito), the court shall order his
confinement in one of the hospitals or asylums established for
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
persons thus afflicted, which he shall not be permitted to leave
without first obtaining the permission of the same court.
 Based on the complete absence of intelligence, an element of
voluntariness
 Imbecile—one who, while advanced in age, has a mental capacity
comparable to that of children between 2 and 7 years of age
o Exempt in all cases
 Insanity—one who is deprived completely of reason or discernment
and freedom of the will at the time of committing the crime
o During a lucid interval, the insane acts with intelligence, hence, is
not exempt
 Court has no power to permit the insane person to leave the asylum
without first obtaining the opinion of the Director of Health that he
may be released without danger
 The defense must prove the condition through circumstantial
evidence because the presumption is in favor of insanity
 If the insanity is only occasional or intermittent in its nature, the
presumption is that the offense was committed during a lucid interval
 Examples of insanity:
a. Dementia praecox
b. Schizophrenia
c. Kleptomania
d. Epilepsy
e. Somnambulism
f. Suffering from malignant malaria
B. A person under nine years of age.
 Repealed by RA 9344 ―Juvenile Justice and Welfare Act of 2006‖
o A person 15 years of age and under
 Based on the complete absence of intelligence
C. A person over nine years of age and under fifteen, unless he has
acted with discernment, in which case, such minor shall be
proceeded against in accordance with the provisions of Art. 80 of
this Code.
When such minor is adjudged to be criminally irresponsible, the
court, in conformably with the provisions of this and the preceding
paragraph, shall commit him to the care and custody of his family
who shall be charged with his surveillance and education otherwise,
Page 6 of 50
 he shall be committed to the care of some institution or person
mentioned in said Art. 80.
 Repealed by RA 9344
o A person above 15 years but below 18 years of age
o Exempt if the person acted without discernment
o Not exempt if the person acted with discernment
 Discernment—mental capacity to understand the difference between
right and wrong
o Shown by:
a. Manner the crime was committed
b. Conduct of the offender after its commission
 The person is subjected to an intervention program if acted with
discernment
D. Any person who, while performing a lawful act with due care,
causes an injury by mere accident without fault or intention of
causing it.
 Accident—something that happens outside the sway of our will
E. Any person who act under the compulsion of irresistible force.
 Based on the complete absence of freedom
 Irresistible force—produces an effect to an individual which reduces
him to a mere instrument
o The use of violence or physical force to compel another to commit
the crime
F. Any person who acts under the impulse of an uncontrollable fear of
an equal or greater injury.
 Employs intimidation or threat in compelling to commit a crime
 The fear must be real and imminent
G. Any person who fails to perform an act required by law, when
prevented by some lawful or insuperable cause.
 Based on the absence of intent
 Absolutory causes—the act committed is a crime but for reasons of
public policy and sentiment, there is no penalty imposed
a. Justifying circumstances
b. Exempting circumstances
c. Spontaneous desistance during attempted case
d. Light felony is only attempted or frustrated, and is not against
persons or property
e. Accessory is a relative of the principal
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
f. Legal grounds for arbitrary detention
g. Legal grounds for trespass
h. Crime of theft, swindling or malicious mischief is committed against
a relative
i. When only slight or less serious physical injuries are inflicted by the
person who surprised his spouse or daughter in the act of sexual
intercourse with another person
j. Marriage of the offender with the offended party when the crime
committed is rape, abduction, seduction or acts of lasciviousness
k. Instigation—based on a sound public policy requiring the courts to
condemn this practice by directing the acquittal of the accused
o The instigator practically induces the would-be accused into the
commission of the offense and he, himself, becomes a co-
principal
o Made by public officers or private detectives
o Entrapment—ways and means are resolved to for the purpose of
trapping and capturing the lawbreaker in the execution of his
criminal plan
Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY
13. Mitigating circumstances. — The following are mitigating
circumstances;
 Mitigating circumstances which are personal to the offenders:
a. From the moral attitude of the offender
b. From his private relations with the offended party
c. From any personal cause
 Circumstances which are neither exempting or mitigating:
a. Mistake in the blow
b. Mistake in identity
c. Entrapment of the accused
d. Accused is over 18 years old
e. Performance of righteous action
A. Those mentioned in the preceding chapter, when all the requisites
necessary to justify or to exempt from criminal liability in the
respective cases are not attendant.
 Based on lack of requisites to justify or exempt the act
Page 7 of 50
  (1) Self-defense, (2) Defense of Relatives, (3) Defense of Strangers—
unlawful aggression must be present to have ordinary mitigating
circumstance
o If other requisites are also present, it will become a privileged
mitigating circumstance
 (4) State of necessity—the evil actually exists must be present to have
ordinary mitigating circumstance
o If other requisites are also present, it will become a privileged
mitigating circumstance
 (5) fulfillment of a duty, (6) obedience to an order
o There are 2 requisites, hence, no ordinary mitigating
o If one is present, it is privileged mitigating circumstance right away
 (7) minority over 15 but under 18
o Age must be present and must act with discernment to become
ordinary mitigating circumstance
 (8) causing injury by mere accident
o Requisites:
a. Performing a lawful act
b. With due care
c. Causes injury by mere accident
d. Without fault or intention of causing it
o If (b) and first part of (d) are absent, it is a mitigating circumstance
and a culpable felony under Art. 365
o If (a) and second part of (d) are absent, it is an intentional felony
and is not mitigating
 (9) uncontrollable fear—if one requisite is present, then, it is
mitigating
B. That the offender is under eighteen year of age or over seventy
years. In the case of the minor, he shall be proceeded against in
accordance with the provisions of Art. 80.
 Diversion program (15- under 18 years old)—a program that the child
in conflict with the law is required to undergo after he/she is found
responsible for an offense without resorting to formal court
proceedings
 System of Diversion (if the supposed penalty is):
a. Not more than 6 years imprisonment—mediation, family
conferencing and conciliation
b. Victimless and not more than 6 years imprisonment—rehabilitation
program
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
c. More than 6 years imprisonment—diversion program or measures
o Effective and binding if accepted by the parties in writing
o Shall be completed within 45 days
o Failure shall give the offended party the open to institute the
appropriate legal action
o Period of prescription of the offense shall be suspended during
the effectivity of the diversion program, but not exceeding a
period of 2 years
 For over 70, if death penalty is imposed, it will be lowered to reclusion
perpetua
C. That the offender had no intention to commit so grave a wrong as
that committed.
 There is notable and evident disproportion between the means
employed and its consequence
 Basis is that the intent is diminished
 Intent can be based on:
a. Weapon used
b. Injury inflicted
c. Attitude of the mind during the crime
D. That sufficient provocation or threat on the part of the offended
party immediately preceded the act.
 Based on the diminution of intelligence and intent
 Provocation—any unjust or improper conduct or act of the offended
party capable of exciting, inciting, or irritating any one
 Sufficient—adequate to excite a person to commit the wrong and
must accordingly proportionate to its gravity
 Requisites:
a. Provocation must be sufficient
b. It must originate from the offended party—mitigating
If it is absent from the offended party—justifying
c. The provocation must be immediate to the act—no interval of time
is allowed
E. That the act was committed in the immediate vindication of a grave
offense to the one committing the felony (delito), his spouse,
ascendants, or relatives by affinity within the same degrees.
 Due to the fact that it concerns the honor of a person
 Based on the diminution of the conditions of voluntariness
 Requisites:
Page 8 of 50
 a. That there be a grave offense done to the one committing the felony
and his relatives
o Basis of gravity:
1. Social standing of the person
2. Place and time when the insult was made or had happened
3. Sometimes, age
b. The felony is committed in vindication of such grave offense
o A lapse of time is allowed
o Immediate = proximate
F. That of having acted upon an impulse so powerful as naturally to
have produced passion or obfuscation.
 Based on the diminution of intelligence and intent
 One loses his reason and self-control, diminishing the exercise of his
will power
 Requisites:
a. Accused acted upon an impulse
b. The impulse must be so powerful that it naturally produced passion
or obfuscation
 Mitigating if:
a. The act of the offended party must be unlawful or unjust
b. The act which produced the obfuscation was not far removed from
the commission of the crime
 Not mitigating if:
a. The act is committed in the spirit of lawlessness
b. The act is committed in the spirit of revenge
 The passion or obfuscation must arise from lawful sentiments
o If the relationship is illegitimate, it is not mitigating
G. That the offender had voluntarily surrendered himself to a person in
authority or his agents, or that he had voluntarily confessed his guilt
before the court prior to the presentation of the evidence for the
prosecution;
 Based on the lesser perversity of the offender
 2 mitigating circumstances which are independent from each other:
a. Voluntary surrender to a person in authority or his agents
1. Must be spontaneous
2. Shows intent of the accused to submit himself unconditionally
3. The offender had not been actually arrested
b. Voluntary confession of guilt before the court prior to the
presentation of evidence for the prosecution
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
o The plea must be made before trial begins or there is an amendment
in the information
o Not applicable to culpable felonies and crimes punished by special
laws
o ―person in authority‖—one directly vested with jurisdiction, that is,
a public officer who has the power to govern and execute the laws
H. That the offender is deaf and dumb, blind or otherwise suffering
some physical defect which thus restricts his means of action,
defense, or communications with his fellow beings.
 Based on the diminution of freedom of action
 Does not distinguish between educated and uneducated
I. Such illness of the offender as would diminish the exercise of the
will-power of the offender without however depriving him of the
consciousness of his acts.
 Based on the diminution of intelligence and intent
 Includes illness of the mind
 Illness of the nerves or moral faculty:
a. Mild-behavior disorder
b. Acute neurosis—diseases of pathological state that trouble the
conscience or will
c. Feeblemindedness
d. Schizo-affective disorder or psychosis
J. And, finally, any other circumstances of a similar nature and
analogous to those above mentioned.
Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY
14. Aggravating circumstances. — The following are aggravating
circumstances:
 If attendant, it serves to increase the penalty in its maximum period
 Based on the greater perversity as manifested by:
a. Motivating power
b. Place of the commission
c. Means and ways employed
d. Time
e. Personal circumstances of the offender or the offended party
 Kinds of aggravating circumstance:
a. Generic—can be applied to all crimes
Page 9 of 50
 b. Specific—applies only to particular crimes
c. Qualifying—those that change the nature of the crime
d. Inherent—those that must, by necessity, accompany the commission
of the crime
A. That advantage be taken by the offender of his public position.
 The public officer must use the influence, prestige or ascendancy
 Based on the greater perversity as shown by the personal circumstance
of the offender
 Not aggravating in:
a. Malversation
b. Falsification of documents committed by public officers
c. Accessories
B. That the crime be committed in contempt or with insult to the
public authorities.
 Based on the lack of respect for public authorities
 Requisites:
a. Public authority is engaged in the exercise of his functions
b. The crime should not be committed against the public authority
c. The offender knows him to be a public authority
d. His presence has not prevented the offender from committing the
criminal act
C. That the act be committed with insult or in disregard of the respect
due the offended party on account of his rank, age, or sex, or that is
be committed in the dwelling of the offended party, if the latter has
not given provocation.
 If all 4 circumstances are present, it is only one aggravating
 Applicable to crimes against persons or honor
 Deliberate intent to insult is essential
 Rank—high social standing or position
 Not applicable to following cases:
a. Passion or obfuscation
b. Where there exists a relationship between the offended party and
offender
c. When the condition of being a woman is indispensable
 Dwelling—must be a building or structure, exclusively used for rest
and comfort
 Requisites (the provocation must be):
a. Given by the owner of the dwelling
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
b. Sufficient
c. Immediate to the commission of the crime
 The requisites of provocation should be absent for it to be aggravating
D. That the act be committed with abuse of confidence or obvious
ungratefulness
 Requisites:
a. Offended party had trusted the offender
b. The offender abused such trust by committing a crime against the
offended party
c. The abuse of confidence facilitated the commission of the crime
E. That the crime be committed in the palace of the Chief Executive or
in his presence, or where public authorities are engaged in the
discharge of their duties, or in a place dedicated to religious
worship.
 The public authorities are in the performance of their duties and must
be in their office, and may be the offended party
 If it is in the Malacanang palace or a place for religious worship,
official or religious functions are not necessary
 The offender must have intention to commit a crime when he entered
the place
F. That the crime be committed in the night time, or in an uninhabited
place, or by a band, whenever such circumstances may facilitate the
commission of the offense.
Whenever more than three armed malefactors shall have acted
together in the commission of an offense, it shall be deemed to
have been committed by a band.
 Their elements are distinctly perceived and can subsist independently
 Requisites:
a. It facilitated the commission of the crime
b. It was especially sought for by the offender to insure impunity
c. It was taken advantage by the offender
 Nighttime—period of darkness
o When the place is illuminated, it is not aggravating
 Uninhabited place—the victim has no possibility of receiving help
 Band—composed of more than 3 armed persons
G. That the crime be committed on the occasion of a conflagration,
shipwreck, earthquake, epidemic or other calamity or misfortune.
Page 10 of 50
  The calamity must give rise to a chaotic condition
 The reason s that it adds suffering by taking advantage of their
misfortune to despoil them
H. That the crime be committed with the aid of armed men or persons
who insure or afford impunity.
 Present even if one of the offenders merely relied on their aid, for
actual aid is not necessary
 If there are 3 armed men or less, it is aid of armed men
 Requisites:
a. The armed men or persons took part in the commission of the
crime, directly or indirectly
b. The accused availed himself of their aid or relied upon them when
the crime was committed
I. That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one crime, shall
have been previously convicted by final judgment of another crime
embraced in the same title of this Code.
 What is controlling is the time of trial, not the commission of the
crime
 Pardon does not obliterate the fact that the accused is a recidivist
 Amnesty extinguishes the penalty and its effects
J. That the offender has been previously punished by an offense to
which the law attaches an equal or greater penalty or for two or
more crimes to which it attaches a lighter penalty.
 Reiteracion—necessary that the offender shall have served out his
sentence for the first offense
K. That the crime be committed in consideration of a price, reward or
promise
 There are two or more principals when this aggravating circumstance
is present and it affects both of them
a. One who gives or offers the price or promise
b. One who accepts it
 The evidence must show that one of the accused used money or other
valuable consideration for the purpose of inducing another to perform
the deed
 The inducement must be the principal motivating factor, and nothing
else, for the other person in committing the crime
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
L. That the crime be committed by means of inundation, fire, poison,
explosion, stranding of a vessel or intentional damage thereto,
derailment of a locomotive, or by the use of any other artifice
involving great waste and ruin
 Basis has reference to means and ways employed
 Unless used by the offender as a means to accomplish a criminal
purpose, any of the circumstances in par. 12 cannot be considered to
increase the penalty or to change the nature of the offense
 Hence, there should be an actual design to kill and that the use of
those circumstances should be purposely adopted as a means to that
end
 By means of fire
o When the intended crime to be committed is arson and somebody
dies, the crime is simply arson and the act resulting in the death of
that person is not even an independent crime of homicide, it being
absorbed
o If the offender had the intent to kill the victim, burned the house,
and the victim died as a consequence, the crime is murder, qualified
by the circumstance that the crime was committed ―by means of
fire‖
 By means of explosion
o Absorbed in crime involving destruction (Art. 324)
 By means of derailment of locomotive
o Art. 330 defines and penalizes the crime of damage o means of
communication, derailment of cars, collision or accident must result
from damage to a railway, telegraph or telephone lines
M. That the act be committed with evident premeditation
 Basis is the ways of committing the crime
 Evident premeditation—a deliberate planning of the act before
executing it
 Requisites of evident premeditation: (the prosecution must prove—)
1. The time when the offender determined to commit the crime
2. An act manifestly indicating that the culprit has clung to his
determination
o Must be based upon external acts
3. A sufficient lapse of time between the determination and execution,
to allow him to reflect upon the consequences of his act and to
allow his conscience to overcome the resolution of his will
 Evident premeditation and price or reward can co-exist
Page 11 of 50
  When the victim is different from that intended, premeditation is not
aggravating
 But if the accused intend to kill no specific person, premeditation is
aggravating
 Evident premeditation, while inherent in robbery, may be aggravating
in robbery with homicide if the premeditation included the killing of
the victim
N. That craft, fraud, or disguise be employed
 Basis is the means employed
 Craft—involves intellectual trickery and cunning on the part of the
accused
o A chicanery resorted to by the accused to aid in the execution of his
criminal design
 Fraud—insidious words or machinations used to induce the victim to
act in a manner which would enable the offender to carry out his
design
o To differentiate from craft, fraud constitutes direct inducement by
insidious words or machinations
 Disguise—resorting to any device to conceal identity
O. That advantage be taken of superior strength, or means be
employed to weaken the defense
 To take advantage of superior strength—to use purposely excessive
force out of proportion to the means of defense available to the
person attacked
 The evidence of relative physical strength is necessary
 Applicable only to crimes against persons, and sometimes against
person and property, such as robbery with homicide
 There is also abuse of superior strength
o by numerical superiority
o when weapon used is out of proportion to the defense available to
the offended party
o in coercion and forcible abduction
o intoxication of the victim to weaken the defense
 but if state of intoxication is such that the victim cannot put up
any sort of defense, it is treachery
 There is no abuse of superior strength when one acted as principal
and the other two as accomplices
 When there is an allegation of treachery, superior strength is absorbed
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
P. That the act be committed with treachery
 There is treachery when the offender commits any of the crimes
against person, employing means, methods or forms in the
execution thereof which tend directly and specially to insure its
execution, without risk to himself arising from the defense which
the offended party might make
 Treachery—the offended party was not given opportunity to make a
defense
 Requisites of treachery:
1. That at the time of the attack, the victim was not in a position to
defend himself
2. That the offender consciously adopted the particular means, method
or form of attack employed by him
 Rules regarding treachery:
a. Applicable only to crimes against the person
b. Means, methods or forms need not insure accomplishment of crime
but only its execution
c. The mode of attack must be consciously adopted
 Treachery cannot be presumed, the existence of this qualifying or
aggravating circumstance should be proven fully as the crime itself
 The killing of a child is murder qualified by treachery, even if the
manner of attack was not shown
 Treachery may exist even if the attack is face to face
 Attack from behind is not always treachery
 Attacks showing intention to eliminate risk:
a. Victim asleep
b. Victim half-awake or just awakened
c. Victim grappling or being held
d. Flashing the beam of a flashlight on the face of the victim
e. Attacked from behind with a firearm, a bladed weapon, and other
modes of armed attack
 It must be shown that the treacherous acts were present and preceded
the commencement of the attack which caused the injury complained
of
 Summary of the rules:
a. When the aggression is continuous, treachery must be present in the
beginning of the assault
Page 12 of 50
 b. When the assault was not continuous, it is sufficient that treachery
was present at the moment the fatal blow was given
Q. That means be employed or circumstances brought about which
add ignominy to the natural effects of the act
 Ignominy—a circumstance pertaining to the moral order, which adds
disgrace and obloquy to the material injury caused by the crime
 Involves moral suffering
 Applicable to crimes against
a. Chastity
b. Less serious physical injuries
c. Light or grave coercion
d. Murder
 The means employed or the circumstances brought about must tend
to make the effects of the crime more humiliating or to put the
offended party to shame
R. The crime be committed after an unlawful entry
 There is an unlawful entry when an entrance is effected by a way
not intended for the purpose
 To effect the entrance, and not for escape
 Swelling and unlawful entry taken separately in murders committed in
a dwelling
 Unlawful entry is not aggravating in trespass to dwelling
S. That as means to the commission of a crime, a wall, roof, floor, door
or window be broken
T. That the crime be committed with the aid of persons under 15 years
of age, by means of motor vehicles, motorized watercraft, airships,
or other similar means
 Two different circumstances are grouped in this paragraph
 By means of motor vehicles
o When the accused used the motor vehicle in going to the place of
the crime, in carrying away the effects thereof, and in facilitating
their escape
o If the motor vehicle was used only in facilitating the escape, it
should be an aggravating circumstance
 By other similar means—
o motorized vehicles or other efficient means of transportation similar
to automobile or airplane
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
U. That the wrong done in the commission of the crime be deliberately
augmented by causing other wrong not necessary for its
commission
 Cruelty—when the culprit enjoys and delights in making his victim
suffer slowly and gradually, causing him unnecessary physical pain in
the consummation of the criminal act
 Requisites of cruelty:
1. That the injury be deliberately increased by causing other wrong
2. That the other wrong be unnecessary for the execution of the
purpose of the offender
15. Alternative circumstances are those which must be taken into
consideration as aggravating or mitigating according to the nature and
effects of the crime and the other conditions attending its commission.
They are the relationship, intoxication and the degree of instruction and
education of the offender
The alternative circumstance of relationship shall be taken into
consideration when the offended party in the spouse, ascendant,
descendant, legitimate, natural, or adopted brother or sister, or relative
by affinity in the same degrees of the offender
The intoxication of the offender shall be taken into consideration as a
mitigating circumstances when the offender has committed a felony in a
state of intoxication, if the same is not habitual or subsequent to the
plan to commit said felony but when the intoxication is habitual or
intentional, it shall be considered as an aggravating circumstance
 Alternative Circumstances
o Those which must be taken into consideration as aggravating or
mitigating according to the nature and effects of the crime and the
other conditions attending its commission
o The basis is the nature and effects of the crime and the other
conditions attending its commission
 The alternative circumstances are:
1. Relationship
a. Spouse
b. Ascendant
c. Descendant
d. Legitimate, natural, or adopted brother or sister
Page 13 of 50
 e. Relative by affinity in the same degree of the offender  Non-habitual intoxication, lack of instruction and obfuscation are
o Includes also the relationship of stepfather or stepmother and not to be taken separately and are considered as one mitigating
stepson or stepdaughter circumstance
Mitigating Circumstance Mitigating Circumstance
a. Crimes against property by analogy to Art. 332  The state of intoxication must be proved, and if proved, presumption is
i. Robbery iv. arson non-habitual or unintentional
ii. Usurpation v. trespass to dwelling  His exercise of will power is impaired (reason)
iii. Fraudulent insolvency a. Intoxication is not habitual
b. Crimes against persons (offended party is a lower in degree than the b. Intoxication is not subsequent to the plant to commit a crime
offender)
i. Less serious physical injuries Aggravating Circumstance
ii. Slight physical injuries  Because it is intentional, the offender resorted to it in order to bolster
his courage to commit a crime (reason)
Exempting Circumstance
a. Intoxication is habitual
a. Art. 332 (no criminal liability but only civil)
o The habit should be actual and confirmed
i. Theft
o Habitual drunkard—one has given to intoxication by excessive use
ii. Swindling or estafa
of intoxicating drinks
iii. Malicious mischief
b. Intentional
Aggravating Circumstance c. Subsequent to the plant to commit a felony
a. Crimes against persons 3. Degree of instruction and education of the offender
i. Serious physical injuries
Aggravating Circumstance
ii. Homicide or murder
iii. Less serious physical injuries a. High degree of instruction and education
iv. Slight physical injuries b. The offender avails it in committing the crime
v. rape o When the offender availed himself or took advantage of it in
committing the crime
b. Crimes against chastity
i. Acts of lasciviousness Mitigating Circumstance
Neither mitigating nor aggravating  Ordinarily, mitigating in all crimes
 Inseparable from and inherent in the crime  Must be proved positively and directly and cannot be based on mere
a. Parricide deduction or interference
b. Adultery  Low degree of instruction and education or lack of it
c. Concubinage o Can only be considered in the trial court and not in the appellate
2. Intoxication court
 It must diminish the agent’s capacity to know the injustice of his  Lack of instruction:
acts, and his will to act accordingly a. Has not received any instruction
 State of intoxication—offender’s mental faculties must be affected b. Illiteracy
by drunkenness c. Lack of sufficient intelligence

Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 14 of 50

Not Mitigating Circumstance 3. There is substitution of deprivation of liberty for pecuniary
a. Crimes against property penalties in case of insolvency of the accused
i. Estafa iv. arson 4. Other penalties consisting in imprisonment and other
ii. Theft v. rape deprivation of liberty can be executed only against individuals
iii. Robbery b. Passive subject—injured party
b. Crimes against chastity 1. Man
i. adultery o Dead man—defamation under Art. 353
c. Treason—love of country must be a natural feeling 2. Juristic person
d. Murder—to kill is forbidden by natural law 3. Group
4. State
16. The following are criminally liable for grave or less grave felonies:
1. Principals 17. The following are considered principals:
2. Accomplices A. Those who take direct part in the execution of the act
3. Accessories  Principals by Direct Participation
o Requisites for two or more offenders:
The following are criminally liable for light felonies a. They participated in the criminal resolution
1. Principals  Conspiracy
2. Accomplices  Exists when two or more persons come to an agreement
 Rules relative to light felonies: concerning the commission of a felony and decide to commit
a. Punishable only when they have been consummated with the it
exception of those committed against persons or property  A manner of incurring a criminal liability and not a felony
b. Only principals and accomplices are liable
 There must be intentional participation with a view to the
c. Accessories are not liable even if they are committed against persons
furtherance of common design and purpose
or property
 Because the social wrong, as well as the individual prejudice, is so  No formal agreement or previous acquaintance among the
small that penal sanction is unnecessary conspirators is necessary
 Two parties in a crime:  Implied when there is unity of purpose and intention:
a. Active subject—criminal i. Spontaneous agreement
 only natural persons can be the subject of crime, because: ii. Active cooperation by all offenders
1. RPC requires that the culprit should have acted with personal iii. Contributing by positive acts to the realization of a
malice or negligence common criminal intent
2. A juridical person cannot commit a crime in which a willful iv. Presence during the commission of the crime by a band
purpose or a malicious intent is required and lending moral support thereto
o Criminal actions are restricted or limited to the officials of the  There is a collective criminal responsibility where the act of
corporation and never directed against the corporation itself, one is the act of all
except under: o Liable for another’s conspirator’s acts which differ radically
i. Corporation Law and substantially from that which they intended to commit
ii. Public Service Law except:
iii. Securities Law i. Parricide
iv. Election Code ii. Murder with treachery

Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 15 of 50

  Proof of conspiracy:
i. Confession of several accused
ii. The malefactors have acted in concert pursuant to the
same objective
b. They carried out their plan and personally took part in its
execution by acts which directly tended to the same end
 When lacking, there is only conspiracy and, thus, no criminal
liability except in treason, rebellion or sedition
B. Those who directly force or induce others to commit it
 Principals by Induction
o Principals by inducement or induction—comprise of price, promise
of reward, command, and pacto
o Requisites:
1. That the inducement be made directly with the intention of
procuring the commission of the crime
2. That such inducement be the determining cause of the
commission of the crime by the material executor
 There must exist on the part of the inducer the most positive
resolution and the most persistent effort to secure the
commission of the crime, together with the presentation to the
person induced of the very strongest king of temptation to
commit the crime
 The inducement must precede the act induced and must be so
influential in producing the criminal act that without it, the act
would not have been performed
o 2 ways of becoming a principal by induction:
a. Directly forcing another to commit a crime
ii. By using irresistible force
iii. By causing uncontrollable fear
 Only the one using force or causing fear is criminally liable
b. Directly inducing another to commit a crime
i. By giving price, or offering reward or promise
 There is collective criminal responsibility
 The former, by inducement
 The latter, by direct participation
ii. By using words of command
 The inciting words must have great dominance and
influence over the person who acts where it would be the
moving cause for the offense
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
 There is also collective criminal responsibility
 In order that a person using words of command may be
held liable as principal, the following requisites must all be
present:
a. That the one uttering the words of command must have the
intention of procuring the commission of a crime
b. That the one who made the command must have an ascendancy
or influence over the person who acted
c. That the words used must be direct, so efficacious, so powerful as
to amount to physical or moral coercion
d. The words of command must be uttered prior to the commission
of the crime
e. That material executor of the crime has no personal reason to
commit the crime
 Effects of acquittal of principal by direct participation upon the
liability of principal by inducement:
1. Conspiracy is negatived by the acquittal of co-defendant
2. One cannot be held guilty of having instigated the commission of
a crime without first being shown that the crime has been actually
committed by another
3. If the one charged as principal by direct participation is acquitted,
his acquittal is not a ground for the acquittal of the principal by
inducement
Principal by inducement Proposal to commit a felony
There is an inducement to commit a crime
Liable only when the crime is The person to whom the proposal is
committed by the principal by direct made should not commit the crime;
participation otherwise, the proponent becomes a
principal by inducement
Inducement involves any crime The proposal to be punishable must
involve only treason or rebellion
C. Those who cooperate in the commission of the offense by another
act without which it would have been accomplished
 Principals by Indispensable Cooperation
 Cooperate—to desire or wish in common a thing
 Requisites:
a. Participation in the criminal resolution
Page 16 of 50
 o There is either anterior conspiracy or unity of criminal purpose
and intention immediately before the commission of the crime
charged
b. Cooperation in the commission of the offense by performing
another act, without which it would not have been accomplished
18. Accomplices are the persons who, not being included in Art. 17,
cooperate in the execution of the offense by previous or simultaneous
acts
 Quasi-collective criminal responsibility—some of the offenders in the
crime are principals and the others as accomplices
 Concurrence of the will of the accomplice with the will of the author of
the crime and the accomplice cooperates by previous or simultaneous
acts in the execution of the offense by the principal
 In case of doubt, the participation of the offender will be considered
that of an accomplice rather than that of a principal
 When the participation of an accused is not disclosed, he is only an
accomplice
 Accomplice:
o Does not enter into a conspiracy with the principal by direct
participation
o Does not have previous agreement or understanding with the
principal to commit a crime
o He participates to a certain point in the common criminal design
o Gets a penalty one degree lower than that provided for the principal in
a consummated felony
 Requisites:
1. There be community of design; that is, knowing the criminal design of
the principal by direct participation, he concurs with the latter in his
purpose
o Knowledge of the criminal design of the principal can be acquired
by the accomplice through:
a. When the principal informs or tells the accomplice of the former’s
criminal design
b. When the accomplice saw the criminal acts of the principal
o The community of design need not be to commit the crime actually
committed. It is sufficient if there was a common purpose to
commit a particular crime and that the crime actually committed was
a natural or probable consequence of the intended crime
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
2. He cooperates in the execution of the offense by previous or
simultaneous acts, with the intention of supplying material or moral
aid in the execution of the crime in an efficacious way
o The cooperation of the accomplice is only necessary, not
indispensable
o The cooperation is not due to a conspiracy
o The wounds inflicted by an accomplice in crimes against persons
should not have caused the death of the victim
o Being present and giving moral support when a crime is being
committed where it may be through advice, encouragement or
agreement
3. There be a relation between the acts done by the principal and those
attributed to the person charged as accomplice
Conspirator Accomplice
They know and agree with the criminal design
Know the criminal intention because Come to know about it after the
they themselves have decided upon principals have reached the decision,
it and only then do they agree to
cooperate in its execution
Decides that a crime should be Merely concur with it
committed
Authors of the crime Merely instruments who perform
acts not essential to the perpetration
of the offense
19. Accessories are those who, having knowledge of the commission of
the crime, and without having participated therein, either as principals
or accomplices, take part subsequent to its commission in any of the
following manners:
A. By profiting themselves or assisting the offender to profit by the
effects of the crime
 The crime committed by the principal may be any crime, except
light felony
 The accessory must receive the property from the principal and not
take it without the consent of the latter
 Theft—by taking with intent to gain, personal property from one
who stole it, without the latter’s consent
B. By concealing or destroying the body of the crime, or the effects or
instruments thereof, in order to prevent its discovery
Page 17 of 50
  ―Corpus delicti‖—a specific offense was in fact committed by  Mere possession of stolen property does not make the accused an
someone accessory where the thief was already convicted
C. By harboring, concealing, or assisting in the escape of the o But if there has been no one convicted as thief, the possessor should
principals of the crime, provided the accessory acts with abuse of be prosecuted as principal of the crime of theft
his public functions or whenever the author of the crime is guilty of  Suspicion—the imagination of the existence of something without
treason, parricide, murder, or an attempt to take the life of the proof, or upon very slight evidence, or upon no evidence at al
Chief Executive, or is known to be habitually guilty of some other  Knowledge of the commission of crime may be established by
crime circumstantial evidence
 2 classes of accessories under this paragraph:  One who kept silent with regard to the crime he witnessed is not an
a. Public officers accessory
o Requisites:  Accessories’ liability is subordinate and subsequent
2. The accessory is a public officer  Conviction of an accessory is possible notwithstanding the acquittal of
3. He harbors, conceals, or assists in the escape of the principal the principal, if the crime was in fact committed, but the principal was
4. He acts with abuse of his public function not held criminally liable, because of an exempting circumstance
5. The crime committed by the principals is any crime, except a  Anti-Fencing Law of 1979
light felony o Fencing—act of any person who, with intent to gain for himself or for
b. Private persons another, shall buy, receive, possess, keep, acquire, conceal, sell or
o Requisites: dispose of, or shall buy and sell, or in any other manner deal in any
a. The accessory is a private person article, item, object or anything of value which he knows, or should be
b. He harbors, conceals or assists in the escape of the author of known to him, to have been derived from the proceeds of the crime
the crime of robbery or theft
c. The crime committed by the principal is either:
i. Treason 20. The penalties prescribed for accessories shall not be imposed upon
ii. Parricide those who are such with respect to their spouses, ascendants,
iii. Murder
descendants, legitimate, natural, and adopted brothers and sisters, or
iv. An attempt against the life of the President
relatives by affinity within the same degrees, with the single exception of
v. That the principal is known to be habitually guilty of some
other crime accessories falling within the provisions of par. 1 of the next preceding
 Accessories does not participate in the criminal design, nor cooperate in article
the commission of the felony, but, with knowledge of the commission  Based on the ties of blood and the preservation of the cleanliness of
of the crime, he subsequently takes part in the 3 ways enumerated above one’s name
 Important words:  An accessory is exempt from criminal liability, when the principal is
a. ―Having knowledge‖ his—
b. ―Commission of the crime‖ a. Spouse
o The crime committed by the principal must be proven beyond b. Ascendant
reasonable doubt c. Descendant
c. ―Without having participated therein either as principals or d. Legitimate, natural or adopted brother, sister, or relative by affinity
accomplices‖ within the same degree
d. ―Take part subsequent to its commission‖  Accessory is not exempt from criminal liability even if the principal is
related to him, if such accessory
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 18 of 50
 a. Profited by the effects of the crime
b. Assisted the offender to profit by the effects of the crime
 Only accessories under Art. 19(2) and (3) are exempt from criminal
liability if they are related to the principals
Penalties in General
 Penalty—suffering that is inflicted by the state for the transgression of a
law
 The purpose of the State in punishing crimes is to secure justice
 Constitution directs that ―excessive fines shall not be imposed, nor cruel
and unusual punishment inflicted‖
 Cruel and unusual—disproportionate to the offense committed as to
shock the moral sense of all reasonable men as to what is right and
proper under the circumstances
 Juridical conditions of penalty:
a. Productive of suffering, without affecting the integrity of the human
personality
b. Commensurate with the offense—different crimes must be punished
with different penalties
c. Personal—no one should be punished for the crime of another
d. Legal—it is the consequence of a judgment according to law
e. Certain—no one may escape its effects
f. Equal for all
g. Correctional
 Theories justifying penalty:
a. Prevention—to prevent or suppress the danger to the State arising
from the criminal acts of the offender
b. Self-defense—right to punish criminal as a measure of self-defense so
as to protect society from the threat and wrong inflicted by the
criminal
c. Reformation—to correct and reform the offender
d. Exemplarity—to serve as an example to deter others from committing
crimes
e. Justice—an act of retributive justice, a vindication of absolute right
and moral law violated by the criminal
 Three-fold purpose of penalty:
a. Retribution or expiation—the penalty is commensurate with the
gravity of the offense
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
b. Correction or reformation—regulate the execution of the penalties
consisting in deprivation of liberty
c. Social defense—shown by its inflexible severity to recidivists and
habitual delinquents
21. Penalties that may be imposed
 No felony shall be punishable by any penalty not prescribed by law
prior to its commission
 Art. 21 simply announces the policy of the State as regards punishing
crimes
 It can only be invoked when a person is being tried for an act or
omission for which no penalty has been prescribed by law
22. Retroactive effect of penal laws
 Penal Laws shall have a retroactive effect insofar as they favor the
persons guilty of a felony, who is not a habitual criminal, as this term
is defined in Rule 5 of Art. 62 of this Code, although at the time of
the publication of such laws a final sentence has been pronounced
and the convict is serving the same
 Art. 22 is not applicable to the provisions of the RPC because it must
necessarily relate to:
a. Penal laws existing prior to the RPC, in which the penalty was less
severe than those of the Code
b. Laws enacted subsequent to the RPC, in which the penalty is more
favorable to the accused
 Generally, criminal laws have prospective effect except
a. when it is favorable to the accused; then, it can be given a retroactive
effect
b. the new law provides of such
 The favorable new statute shall benefit and apply to the defendant even
when:
a. Crime has been committed and prosecution begins
b. Sentence has been passed but service has not begun
c. The sentence is being carried out
 Ex post facto law, one which:
a. makes criminal an act done before the passage of the law and which
was innocent when done, and punishes such an act
b. aggravates a crime, or makes it greater than it was, when committed
Page 19 of 50
 c. changes the punishment and inflicts a greater punishment than the law
annexed to the crime when committed
d. alters the legal rules of evidence, and authorizes conviction upon less
or different testimony than the law required at the time of the
commission of the crime
e. assuming to regulate civil rights and remedies only, in effect imposes
penalty or deprivation of a right for something which when done was
lawful
f. deprives a person accused of a crime of some lawful protection to
which he has become entitled, such as the protection of a former
conviction or acquittal, or a proclamation of amnesty
 Criminal liability under former law is obliterated when the repeal is
absolute
 Criminal liability under the repealed law subsists:
a. When the provisions of the former law are re-enacted
b. When the repeal is by implication
c. When there is a saving clause
 When a penal law, which impliedly repealed an old law, is itself repealed,
the repeal of the repealing law revives the prior penal law, unless the
language of the repealing statute provides otherwise
 The jurisdiction of a court to try a criminal action is to be determined by
the law in force at the time of institution the action, not at the time of
the commission of the crime
Art. 23. A pardon of the offended party does not extinguish criminal
action except as provided in Art. 344 of this Code; but civil liability with
regard to the interest of the injured party is extinguished by his express
waiver
 A pardon by the offended party does not extinguish criminal action
because the crime committed is an offense against the State
 Except in Art. 344 where pardon must be made before the institution of
criminal prosecution
o The offended party in the crimes of adultery and concubinage cannot
institute criminal prosecution, if he shall have consented or pardoned
the offenders
 It also requires that both offenders must be pardoned by the
offended party
 The pardon here may be implied, as continued inaction of the
offended party after learning of the offense
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
o In the crimes of seduction, abduction, rape or acts of lasciviousness,
there shall be no criminal prosecution if the offender has been
expressly pardoned by the offended party or her parents,
grandparents, or guardian, as the case may be
o Only act that extinguishes the penal action after the institution of
criminal action, is the marriage between the offender and the offended
party
 Offense causes 2 classes of injuries:
1. Social injury
a. Produced by the disturbance and alarm which are the outcome of
the offense
b. Sought to be repaired through the imposition of the corresponding
penalty where the State has an interest
ii. Personal injury
o Caused to the victim of the crime who suffered damage either to his
person, property, or to his honor or to her chastity
24. Measures of prevention or safety which are not considered penalties
 The following shall not be considered as penalties:
1. The arrest and temporary detention of accused persons, as well as
their detention by reason of insanity or imbecility, or illness
requiring their confinement in a hospital
2. The commitment of a minor to any of the institutions mentioned in
Art. 80 and for the purposes specified therein
3. Suspension from the employment of public office during the trial
or in order to institute proceedings
4. Fines and other corrective measures which, in the exercise of their
administrative disciplinary powers, superior officials may impose
upon their subordinates
5. Deprivation of rights and the reparations which the civil laws may
establish in penal form
Classification of Penalties
25. The penalties which may be imposed, according to this Code, and
their different classes, are those included in the following:
Scale
A. Principal Penalties
1. Capital Punishment
Page 20 of 50
 i. Death 2. Accessory—those that are deemed included in the imposition of the
2. Afflictive penalties principal penalties
i. Reclusion perpetua  Classification according to subject-matter:
ii. Reclusion temporal 1. Corporal—Death
iii. Perpetual or temporary absolute disqualification 2. Deprivation of freedom
iv. Perpetual or temporary special disqualification  reclusion, prision, arresto
v. Prision mayor 3. Restriction of freedom—Destierro
4. Deprivation of rights
3. Correctional penalties
 disqualification and suspension
i. Prision correccional iii. Suspension 5. Pecuniary—Fine
ii. Arrestor mayor iv. Destierro
 Classification according to their gravity:
4. Light penalties 1. Capital
i. Arresto menor ii. Public censure 2. Afflictive
5. Penalties common to the 3 preceding classes 3. Correctional—less grave felonies
i. Fine 4. Light—light felonies
ii. Bond to keep the peace
B. Accessory Penalties 26. A fine, whether imposed as a single or as an alternative penalty, shall
1. Perpetual or temporary absolute disqualification be considered an
2. Perpetual or temporary special disqualification A. Afflictive penalty—exceeds 6,000 pesos
3. Suspension from public office, the right to vote and be voted for, B. Correctional penalty—200 to 6,000 pesos
the profession or calling C. Light penalty—less than 200 pesos
4. Civil interdiction  Bond to keep the peace is analogous with fine
5. Indemnification
6. Forfeiture or confiscation of instruments and proceeds of the 27. Duration of penalties
offense A. Reclusion perpetua—20 yrs and 1 day to 40 yrs
7. Payment of cost B. Reclusion temporal—12 yrs and 1 day to 20 yrs
 RA 7659 provided that the duration of reclusion perpetua is now from 20 C. Prision mayor and temporary disqualification—
years and 1 day to 40 years 6 yrs and 1 day to 12 yrs
 RA 9346 prohibited the imposition of the death penalty, and provided  Except when the disqualification is accessory penalty, in which case
for the imposition of the penalty of reclusion perpetua in lieu of death its duration is that of the principal penalty
 Classification of penalties: D. Prision correccional, Suspension, and Destierro—6 months and 1 day
1. Principal—those expressly imposed by the court in the judgment of to 6 yrs
conviction  Except when suspension is imposed as an accessory penalty, in
a. Divisible—those that have fixed duration and are divisible into 3
which case, its duration shall be that of the principal penalty
periods
E. Arresto mayor—1 month and 1 day to 6 months
b. Indivisible—those that have no fixed duration
i. Death ii. Reclusion perpetua F. Arresto menor—1 day to 30 days
ii. Perpetual absolute or special disqualification G. Bond to keep the peace—the period during which the bond shall be
iii. Public censure effective is discretionary on the court
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 21 of 50
 Cases where Destierro is imposed:
1. Art. 247—Serious physical injuries or death under exceptional
circumstances
2. Art. 284—in case of failure to give bond for good behavior
3. Art. 334—as a penalty for the concubine in concubinage
4. In cases where after reducing the penalty by one or more degrees
Destierro is the proper penalty
28. Computation of penalties
A. When the offender is in prison—the duration of the temporary
penalties is from the day on which the judgment of conviction
becomes final
B. When the offender is not in prison—the duration of the penalty
consisting of deprivation of liberty, is from the day that the offender
is placed at the disposal of the judicial authorities for the
enforcement of the penalty
C. The duration of the other penalties—from the day on which the
offender commences to serve his sentence
 If it is on appeal—his service of sentence should commence from the
date of the promulgation of the decision of the appellate court
 Temporary penalties:
1. Temporary absolute disqualification
2. Temporary special disqualification
3. Suspension
 Rules in cases of temporary penalties:
1. If offender is under detention—Rule 1 applies
2. If not under detention—Rule 3 applies
 Deprivation of liberty:
1. Imprisonment
2. Destierro
 Rules in cases of deprivation of liberty:
1. When offender is not in prison—Rule 2 applies
2. If offender is undergoing preventive imprisonment—Rule 3 applies
29. Period of preventive imprisonment deducted from term of
imprisonment
 Offenders who have undergone preventive imprisonment shall be
credited in the service of their sentence consisting of deprivation of
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
liberty, with the full time during which they have undergone
preventive imprisonment, if the detention prisoner agrees
voluntarily in writing to abide by the same disciplinary rules imposed
upon convicted prisoners, except in the following cases:
1. When they are recidivists or have been convicted previously twice
or more times of any crime
2. When upon being summoned for the execution of their sentence
they have failed to surrender voluntarily
 If the detention prisoner does not agree to abide by the same
disciplinary rules imposed upon convicted prisoners—4/5 of the time
during which he has undergone preventive imprisonment shall be
credited
 Whenever an accused has undergone preventive imprisonment for a
period equal to or more than the possible maximum imprisonment
of the offense charged to which he may be sentenced and his case is
not yet terminated, he shall be released immediately without
prejudice to the continuation of the trial thereof or the proceeding
on appeal, if the same is under review. In case the maximum penalty
to which the accused may be sentenced is Destierro, he shall be
released after thirty (30) days of preventive imprisonment
 The accused undergoes preventive imprisonment when the offense
charged is nonbailable, or even if bailable, he cannot furnish the
required bail
 Convict/Accused shall be released immediately
o if the penalty imposed after trial is less than the full time or 4/5 of the
time of the preventive imprisonment
o whenever he has undergone preventive imprisonment for a period
equal to or more than the possible maximum imprisonment for the
offense charged but the trial of his case will continue
Effects of the Penalties According to their Nature
30. Effects of the penalties of perpetual or temporary absolute
disqualification
 The penalties of perpetual or temporary absolute disqualification for
public office shall produce the following effects:
1. Deprivation of the public offices and employments, even if by
election
Page 22 of 50
 2. Deprivation of the right to vote or to be elected
3. Disqualification for the offices or public employments and for the
exercise of any of the rights mentioned
 In case of temporary disqualification, such disqualification as is
comprised in pars. 2 and 3 of this article shall last during the term
of the sentence
4. Loss of right to retirement pay or pension for any office formerly
held
31. Effect of the penalties of perpetual or temporary special
disqualification
 The penalties of perpetual or temporal special disqualification for
public office, profession or calling shall produce the following effects:
1. Deprivation of the office, employment, profession or calling
affected
2. Disqualification for holding similar offices or employments
perpetually or during the term of the sentence
32. Effect of the penalties of perpetual or temporary special
disqualification for the exercise of the right of suffrage
1. Deprivation of the right to vote or to be elected to any public office
2. Cannot hold any public office during the period of disqualification
33. Effects of the penalties of suspension from any public office,
profession or calling, or the right of suffrage
1. Disqualification from holding such office or exercising such
profession or calling or right of suffrage during the term of the
sentence
2. If suspended from public office, the offender cannot hold another
office having similar functions during the period of suspension
34. Civil interdiction shall produce the following effects:
1. Deprivation of the rights of parental authority or guardianship of
any ward
2. Deprivation of marital authority
3. Deprivation of the right to manage his property and of the right to
dispose of such by any act or any conveyance inter vivos
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
35. Effects of bond to keep the peace
1. Offender must present 2 sufficient sureties who shall undertake
that the offender will not commit the offense sought to be
prevented, and that in case such offense be committed they will
pay the amount determined by the court
2. Offender must deposit such amount with the clerk of court to
guarantee said undertaking
3. Offender may be detained, if he cannot give the bond, for a period
not to exceed 6 months, if prosecuted for grave or less grave
felony, or for a period not to exceed 30 days, if for a light felony
36. Pardon and its effects
 A pardon shall not work the restoration of the right to hold public
office, or the right of suffrage
o unless such rights be expressly restored by the terms of the pardon
 A pardon shall in no case exempt the culprit from the payment of the
civil indemnity imposed upon him by the sentence
 Limitations upon the exercise of the pardoning power:
1. That the power can be exercised only after conviction
2. That such power does not extend to cases of impeachment
 Pardon granted in general terms does not include accessory penalty
o Except when an absolute pardon is granted after the term of
imprisonment has expired, it removes all that is left of the
consequences of conviction
 Pardon after serving 30 years does not remove perpetual absolute
disqualification
 Pardon by:
Chief Executive Offended Party
Extinguishes the criminal liability of
the offender
Cannot include civil liability which Can waive the civil liability which the
the offender must pay offender must pay
Granted only after conviction and Should be given before the
may be extended to any of the institution of criminal prosecution
offenders and must be extended to both
offenders
Page 23 of 50
37. Costs shall include:
a. Fees
b. Indemnities, in the course of judicial proceedings
Whether they be fixed or unalterable amounts previously determined
by law or regulations in force, or amounts not subject to schedule
 Costs—expenses of litigation are chargeable to the accused only in cases
of conviction
 In case of acquittal, the costs are de oficio, each party bearing his own
expenses
 No costs shall be allowed against the Republic of the Philippines unless
otherwise provided by law
 The payment of costs rests upon the discretion of the court
38. In case the property of the offender should not be sufficient for the
payment of all his pecuniary liabilities, the same shall be met in the
following order:
a. Reparation of the damage caused
b. Indemnification of the consequential damages
c. Fine
d. Costs of the proceedings
 This rule is applicable only in case the property of the offender is
insufficient for the payment of all his pecuniary liabilities
39. If the convict has no property with which to meet the fined
mentioned in par. 3 of Art. 38, he shall be subject to a subsidiary
personal liability at the rate of one day for each Php8, subject to the
following rules: (if the principal penalty imposed is)
a. Prision correctional or arresto and fine—shall remain under
confinement until his fine is satisfied, but his subsidiary
imprisonment shall
i. not exceed 1/3 of the term of the sentence
ii. not continue for more than 1 year
iii. no fraction or part of a day shall be counted against the prisoner
b. only fine—the subsidiary imprisonment shall
i. not exceed 6 months—if the culprit shall have been prosecuted
for a grave or less grave felony
ii. not exceed 15 days—light felony
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
c. higher than prision correctional—no subsidiary imprisonment shall
be imposed upon the culprit
d. not be executed by confinement in a penal institution, but is of
fixed duration—the culprit shall continue to suffer the same
deprivations as those of which the principal penalty consists under
paragraphs (a), (b), and (c)
e. The subsidiary personal liability which the convict may have
suffered by reason of his insolvency shall not relieve him from the
fine in case his financial circumstances should improve
 Judgment of conviction must impose subsidiary imprisonment for it to
apply
 The rule only applies when the convict has no property to which to
meet the fine mentioned in Article 38
 Fine—should not and cannot be reduced or converted into a prison
term
 Subsidiary imprisonment is not an accessory penalty
 Penalty imposed must be:
1. Prision correctional
2. Arresto mayor
3. Arresto menor
4. Suspension
5. Destierro
6. Fine
 Subsidiary imprisonment under special law
a. Fine—shall not exceed 6 months, at the rate of one day of
imprisonment for every Php2.50
b. Fine and imprisonment—shall not exceed 1/3 of the term of
imprisonment, and in no case shall it exceed 1 year
c. Fine or fine and imprisonment for violation of any municipal
ordinance or ordinances of City of Manila—the rate is one day for
every Php1, until the fine is satisfied, provided that it does not exceed
6 months; or not more than 1/3 of the principal penalty
Penalties in which other accessory penalties are inherent
40. Death (when not executed by reason of commutation or pardon):
a. Perpetual absolute disqualification
b. Civil interdiction for 30 years, if not expressly remitted in the
pardon
Page 24 of 50
41. Reclusion perpetua and reclusion temporal:
a. Civil interdiction for life or during the sentence
b. Perpetual absolute disqualification, unless expressly remitted in
the pardon of the principal penalty
42. Prision mayor:
a. Temporary absolute disqualification
b. Perpetual special disqualification from suffrage, unless expressly
remitted in the pardon of the principal penalty
43. Prision correctional:
a. Suspension from public office, profession or calling
b. Perpetual special disqualification from suffrage, if the duration of
imprisonment exceeds 18 months, unless expressly remitted in
the pardon of the principal penalty
44. Arresto:
Suspension, during the term of the sentence, of
a. The right to hold office
b. The right of suffrage
 Absolute pardon for any crime for which 1 year imprisonment or more
was meted out restores the prisoner of his political rights
 Where the penalty is less than 1 year, disqualification does not attach,
except when the crime is committed against property
 Accessory penalties need not be expressly imposed, they are deemed
imposed
45. Confiscation and forfeiture of the proceeds or instruments of the
crime
a. Every penalty imposed shall carry with it forfeiture of the proceeds
of the crime and the instruments or tools with which it was
committed
b. Proceeds and instruments or tools of the crime are confiscated and
forfeited in favor of the Government
c. Property of a third person not liable for the offense, is not subject
to confiscation and forfeiture
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
d. Property not subject of lawful commerce (whether it belongs to the
accused or to third person) shall be destroyed
 No forfeiture when there is no criminal case or in case of acquittal
because no penalty is imposed
 Confiscation can be ordered only if the property is submitted in
evidence or places at the disposal of the court
 Articles which are forfeited, when the order of forfeiture is already final,
cannot be returned even in case of acquittal
46. The penalty prescribed by law for the commission of a felony shall be
imposed upon the principals in the commission of such felony.
Whenever the law prescribes a penalty for a felony in general terms, it
shall be understood as applicable to the consummated felony
 Penalties prescribed in general terms shall be imposed:
a. Upon the principals
b. For consummated felony
c. Except when the penalty to be imposed upon the principal in
frustrated or attempted felony is fixed by law
 Graduation of penalties by degrees refers to:
a. Stages of execution—consummated, frustrated, or attempted
b. Degree of criminal participation—principal, accomplice, or accessory
47. Death penalty is not imposed in the following cases:
a. When the guilty person is below 18 years of age at the time of the
commission of the crime
b. When the guilty person is more than 70 years of age
c. When upon appeal or automatic review of the case by the SC (now
by the CA), the vote of 8 members (majority) is not obtained, the
penalty of reclusion perpetua will be imposed
When the trial court imposes the death penalty:
a. The records shall be forwarded to the SC (now to the CA) for
automatic review and judgment by the court en banc
b. Within 20 days but not earlier than 15 days after the promulgation
of the judgment or notice of denial of any motion for new trial or
reconsideration
c. The transcript shall also be forwarded within 10 days after the filing
thereof by the stenographic reporter
Page 25 of 50
 Social defense and exemplarity justify death penalty  Only one information should be filed when a complex crime is
 Death penalty is not cruel and unusual committed
 Punishments are cruel when they involve torture or lingering death  Requisites for compound crime:
 Crimes where death penalty was imposed: 1. That only a single act is performed by the offender
1. Treason 2. That the single act produces
2. Piracy or qualified piracy a. Two or more grave felonies
3. Qualified bribery b. One or more grave and one or more less grave felonies
4. Parricide c. Two or more less grave felonies
5. Murder  The theories of ―single-criminal-impulse,‖ ―same motive‖ or the ―single-
6. Infanticide purpose‖ are acceptable, under Art. 48, when it is not certain who
7. Kidnapping and serious illegal detention among the accused killed or injured each of the several victims
8. Robbery with homicide  Requisites of Complex crime proper:
9. Destructive arson 1. That at least two offenses are committed
10. Rape with homicide 2. That one or some of the offenses must be necessary to commit the
11. Plunder other (not to mean indispensable and inherent to the commission of
12. Certain violations of the Dangerous Drugs Act the crime)
13. Carnapping 3. That both or all the offenses must be punished under the same statute
 When two crimes produced by a single act are respectively within the
48. Two kinds of complex crimes: exclusive jurisdiction of two courts of different jurisdiction, the court of
a. When a single act constitutes two or more grave or less grave higher jurisdiction shall try the complex crime
felonies—Compound crime  When two felonies constituting a complex crime are punishable by
b. When an offense is a necessary means for committing the other— imprisonment and fine, respectively, only the penalty of imprisonment
Complex crime proper should be imposed
 Plurality of crimes—successive execution by the same individual of
Penalty for complex crimes: different criminal acts upon any of which no conviction has yet been
a. Penalty for the most serious crime shall be imposed declared
b. It will be applied in its maximum period  Kinds of plurality of crimes:
 Art. 48 is intended to favor the culprit because the offender is deemed 1. Formal or ideal plurality—there is but one criminal liability
less perverse than when he commits said crimes through separate and a. When the offender commits any of the complex crimes defined in
distinct acts Art. 48
 Art. 48 applies only to cases where the RPC does not provide a definite b. When the law specifically fixes a single penalty for two or more
specific penalty for a complex crime offenses committed
 Art. 48 does not apply when the law provides one single penalty for c. When the offender commits continued crimes—a single crime, but
special complex crime not a complex crime, consisting of a series of acts but all arising
1. Robbery with homicide from one criminal resolution
2. Robbery with rape 2. Real or material plurality—there are different crimes in law as well as
3. Kidnapping with serious physical injuries in the conscience of the offender and shall be punished for each and
4. Kidnapping with murder or homicide every offense that he committed
5. Rape with homicide

Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 26 of 50

49. Rules as to the penalty to be imposed when the crime committed is
different from that intended: (if the penalty for the felony committed)
a. Be higher than the penalty for the offense which the accused
intended to commit—the lower penalty shall be imposed in its
maximum period
b. Be lower than the penalty for the offense which the accused
intended to commit—the lower penalty shall be imposed in its
maximum period
c. If the act committed also constitutes attempt or frustrations of
another crime, and the law prescribes a higher penalty for either of
the latter—the penalty for the attempted or frustrated crime shall
be imposed in its maximum period
 Art. 49 applies only when there is a ―mistake in the identity: of the
victim of the crime, and the penalty for the crime committed is different
from that for the crime intended to be committed
 Applicable only when the intended crime and the crime actually
committed are punished with different penalties
 Does not apply to:
a. mistake in the blow—aberratio ictus
b. where a more serious consequence not intended by the offender
befalls the same person—praeter intentionem
Penalty to be imposed upon:
50. Principals of a frustrated crime—penalty next lower in degree than
that prescribed by law for the consummated felony
51. Principals of attempted crime—penalty lower by two degrees than
that prescribed by law for the consummated felony
52. Accomplices in a consummated crime—penalty next lower in degree
than that prescribed by law for the consummated felony
53. Accessories to the commission of a consummated felony—penalty
lower by two degrees than that prescribed by law for the consummated
felony
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
54. Accomplices in a frustrated crime—penalty next lower in degree than
that prescribed by law for the frustrated felony
55. Accessories of a frustrated crime—penalty lower by two degrees
than that prescribed by law for the frustrated felony
56. Accomplices in an attempted crime—penalty next lower in degree
than that prescribed by law for an attempt to commit a felony
57. Accessories of an attempted crime—penalty lower by two degrees
than that prescribed by law for the attempt
 Articles 50-57 shall not apply to cases where the law expressly prescribes
the penalty for a frustrated or attempted felony, or to be imposed upon
accomplices or accessories
 Bases for the determination of the extent of penalty to be imposed:
a. The stage reached by the crime in its development
b. The participations therein of the persons liable
c. The aggravating or mitigating circumstances which attended the
commission of the crime
 Degree—one entire penalty, one whole penalty or one unit of the
penalties
 Period—one of the three equal portions of a divisible penalty
(minimum, medium, and maximum)
58. Public officers as accessories who help the author of a crime by
misusing their office and duties shall suffer the additional penalties of:
a. Absolute perpetual disqualification—if the principal offender is
guilty of a grave felony
b. Absolute temporary disqualification—if the principal offender is
guilty of less grave felony
59. The penalty for impossible crime, having in mind the social danger
and the degree of criminality shown by the offender, is arresto mayor or
a fine ranging from 200 to 500 pesos
 Impossible crime—any person performing an act which would be an
offense against persons or property, were it not for the inherent
impossibility of its accomplishment or on account of the employment of
inadequate or ineffectual means (Art. 4)
Page 27 of 50
60. The provisions contained in Articles 50-57, inclusive, of this Code
shall not be applicable to cases in which the law expressly prescribed the
penalty provided for a frustrated or attempted felony, or to be imposed
upon accomplices or accessories
 Under the general rule, an accomplice is punished by a penalty one
degree lower than the penalty imposed upon the principal, except:
a. The ascendants, guardians, curators, teachers and any person who by
abuse of authority or confidential relationship, shall cooperate as
accomplices in the crimes of rape, acts of lasciviousness, seduction,
corruption of minors, white slave trade or abduction
b. One who furnish the place for the perpetration of the crime in slight
illegal detention
 Accessory punished as principal—Art. 142 punishes the act of the
accessory of knowingly concealing certain evil practices
 Accessories punished with a penalty one degree lower instead of two
degrees in:
a. Knowingly using counterfeited seal or forged signature or stamp of
the President
b. Illegal possession and use of a false treasury or bank note
c. Using a falsified document
d. Using a falsified dispatch
61. Rules for graduating penalties, based on the respective graduated
scale prescribed in Art. 71, to be imposed upon persons guilty as
principals of any frustrated or attempted felony, or as accomplices or
accessories, when the penalty prescribed for the felony/crime is:
i. Single and indivisible—penalty next lower in degree shall be that
immediately following that indivisible penalty
 Example: reclusion perpetua for kidnapping and failure to return a
minor—the penalty next lower in degree is reclusion temporal
ii. Composed of two indivisible penalties (1), or of one (2) or more (3)
divisible penalties to be imposed to their full extent—penalty next
lower in degree shall be that immediately following the lesser of
the penalties
 Example:
i. reclusion perpetua to death for parricide—the penalty
immediately following the lesser of the penalties, which is
reclusion perpetua, is reclusion temporal
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
ii. reclusion temporal in its full extent—the penalty immediately
following is prision mayor
iii. prision correctional to prision mayor in their full extent—the
penalty immediately following the lesser of the penalties is
arresto mayor
iii. Composed of one or two indivisible penalties and the maximum
period of another divisible penalty—penalty next lower in degree
shall be composed of the medium and minimum periods of the
proper divisible penalty and the maximum period of that
immediately following
 Example: reclusion temporal in its maximum period to death for
murder—the penalty next lower in degree is prision mayor in its
maximum period to reclusion temporal in its minimum and medium
periods
iv. Composed of several periods corresponding to different divisible
penalties—penalty next lower in degree shall be composed of the
period immediately following the minimum prescribed and of the
two next following which shall be taken from the penalty
prescribed if possible, otherwise from the penalty immediately
following
 Example: prision mayor in its medium period to reclusion temporal
in its minimum period—the penalty next lower in degree is prision
correction in its medium and maximum periods to prision mayor in
its minimum period
 The penalties contemplated must contain at least 3 periods
v. When the law prescribes a penalty for a crime in some manner not
specially provided for in the four preceding rules, the courts,
proceeding by analogy, shall impose the corresponding penalties
upon those guilty as principals of the frustrated felony, or of
attempt to commit the same, and upon accomplices and
accessories
 The penalty contains one or two periods only
 Rules in lowering the penalty by one or two degrees:
a. Principal in frustrated felony—one degree lower
b. Principal in attempted felony—two degrees lower
c. Accomplice in consummated felony—one degree lower
d. Accessory in consummated felony—two degrees lower
Page 28 of 50
  The Rules in Art. 61 should also apply in
a. determining the minimum of the indeterminate penalty—within the
range of the penalty next lower than that prescribed by the RPC for
the offense—under the Indeterminate Sentence Law
b. lowering the penalty by one or two degrees by reason of the
presence of privileged mitigating circumstance, or when the penalty
is divisible and there are two or more mitigating circumstances
(generic) and no aggravating circumstance
 Indivisible penalties:
a. Death b. Reclusion perpetua c. Public censure
 Divisible penalties:
a. Reclusion temporal d. Arrestor mayor
b. Prision mayor e. Destierro
c. Prision correctional f. Arresto menor
 Division of divisible penalties into three periods:
a. Minimum b. Medium c. Maximum
 In lowering the penalty, the penalty prescribed by the RPC for the
crime is the basis, without regard to the mitigating or aggravating
circumstances which attended the commission of the crime
 Only after the penalty next lower in degree is already determined that
the mitigating and/or aggravating circumstances should be considered
62. Mitigating or aggravating circumstances and habitual delinquency
shall be taken into account for the purpose of diminishing or increasing
the penalty in conformity with the following rules:
i. Aggravating circumstances not to be taken into account to
increase the penalty
a. which in themselves constitute a crime especially punished by
law
b. which are included by the law in defining a crimes and
prescribing the penalty therefor
The maximum penalty shall be imposed in the following cases:
a. When in the commission of the crime, advantage was taken by
the offender of his public position
b. If the offense was committed by any person who belongs to an
organized/syndicated crime group
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
 Organized/syndicated crime group—a group of two or more
persons collaborating, confederating or mutually helping one
another for purposes of gain in the commission of any crime
ii. The same rule applies with respect to aggravating circumstances
which are inherent in the crime
iii. Aggravating or mitigating circumstances which arise from
a. the moral attributes of the offender
b. from his private relations
c. from any other personal cause
serve to aggravate or mitigate the liability of the principals,
accomplices, and accessories as to whom such circumstances are
attendant
iv. The circumstances which consist
a. in the material execution of the act
b. in the means employed to accomplish it
shall serve to aggravate or mitigate the liability of those
persons only who had knowledge of them at the time of the
execution of the act or their cooperation therein
v. Habitual delinquency shall have the following effects:
(additional penalty from the penalty provided by law for the
last crime of which he is found guilty)
a. Upon the 3rd conviction—the additional penalty of prision
correccional in its medium and maximum periods
b. Upon the 4th conviction—the additional penalty of prision
mayor in its minimum and medium periods
c. Upon the 5th or additional conviction—the additional penalty
of prision mayor in its minimum period to reclusion temporal
in its minimum period
Notwithstanding the provisions of this Article, the total of the
two penalties to be imposed upon the offender, in conformity
herewith, shall in no case exceed 30 years.
For the purposes of this article, a person shall be deemed to be
a habitual delinquent, if within a period of 10 years from the
date of his release or last conviction of the crimes of serious or
less serious physical injuries, robbery, theft, estafa or
falsification, he is found guilty of any of the said crimes a third
time or oftener.
Page 29 of 50
  The purpose of the law in imposing additional penalty on
habitual delinquents is to render more effective social defense
and the reformation of multirecidivists
 The information must allege:
a. dates of the commission of the previous crimes
b. date of the last conviction or release
c. dates of the other previous convictions or releases
 Convictions on the same day or about the same time are considered
as one only
 Crimes committed on the same date, although convictions on
different dates, are considered one
 The commissions of any of those crimes need not be consummated
 If one crime was committed during the minority of the offender,
such crime should not be considered for the purpose of treating him
as a habitual offender, because the proceedings as regards that crime
were suspended
 The imposition of the additional penalty is mandatory
 Such additional penalty is to be imposed according to the number
and nature of the modifying circumstances present
 Recidivism is inherent in habitual delinquency and shall be
considered as aggravating circumstance in imposing the principal
penalty
 But in imposing the additional penalty, recidivism is not an
aggravating circumstance
63. Rules for the application of indivisible penalties
 In all cases in which the law prescribes a single indivisible penalty, it
shall be applied by the courts regardless of any mitigating or
aggravating circumstances that may have attended the commission
of the deed.
 In all cases in which the law prescribes a penalty composed of two
indivisible penalties, the following rules shall be observed in the
application thereof: (when in the commission of the deed/act)
1. There is only on aggravating circumstance present—the greater
penalty shall be applied
2. There are neither mitigating nor aggravating circumstances
present—the lesser penalty shall be applied
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
3. There is some mitigating and no aggravating circumstance
present—the lesser penalty shall be applied
4. There is both mitigating and aggravating circumstances—the
courts shall allow to offset one another in consideration of their
number and importance
 Exception:
o When a privileged mitigating circumstance under Art. 68 or Art. 69 is
present, the penalty imposed may be a divisible penalty
64. Rules for the application of penalties which contain three-periods.
The courts shall observe for the application of the penalty the following
rules, according to whether there are or are no mitigating or aggravating
circumstances: (when there are)
1. Neither aggravating nor mitigating—penalty prescribed by law in its
medium period
2. Only a mitigating circumstance—penalty in its minimum period
3. Only an aggravating circumstance—penalty in its maximum period
4. Both mitigating and aggravating circumstances-- the courts shall
allow to offset one another
 The mitigating circumstance must be ordinary, not privileged
 The aggravating circumstance must be generic or specific, not
qualifying or inherent
 A qualifying circumstance cannot be offset by a generic mitigating
circumstance
5. Two or more mitigating circumstances and no aggravating
circumstances—penalty next lower to that prescribed by law
according to the number and nature of such circumstances
6. Several aggravating circumstances—penalty prescribed by law in its
maximum period
7. Within the limits of each period, the courts shall determine the
extent of the penalty according to the number and nature of the
aggravating and mitigating circumstances and the greater or lesser
extent of the evil produced by the crime
 Art. 64 does not apply to the following cases:
1. When the penalty is single and indivisible
2. In felonies through negligence
3. The penalty to be imposed upon a Moro or other non-Christian
inhabitants
Page 30 of 50
 Non-Christian—refers not only to religious belief but in a way to
geographical area and, more particularly, directly to Philippine
natives of a low grade of civilization
4. When the penalty is only a fine imposed by an ordinance
5. When the penalties are prescribed by special laws
65. Rules in cases in which the penalty is not composed of three periods
 Example: Prision correccional in its medium and maximum periods
1. Compute and determine first the three periods of the entire
penalty
a. Prision correccional is
6 months and 1 day to 6 years
b. Subtract the minimum from the maximum
6 years – 6 months = 5 years and 6 months
c. Divide the difference with 3
5 yrs and 6 months ÷ 3 = 1 yr and 10 months
d. Use the minimum period then add the quotient to determine each
periods
Min: 6 months and 1 day to 2 yrs and 4 months
Med: 2 yrs, 4 months and 1 day to 4 yrs and 2 months
Max: 4 years, 2 months and 1 day to 6 years
2. Then subtract the lesser period from the greater period of the
prescribed penalty
6 yrs – 2 yrs and 4 months = 3 yrs and 8 months
3. Divide the difference into 3 equal portions
3 yrs and 8 months ÷ 3 = 1 yr, 2 months and 20 days
4. Use the minimum period then add the quotient to determine each
period excluding the “1 day”
Min: 2 yrs, 4 months + 1 yr, 2 months and 20 days = 3 yrs, 6 months
and 2 days
Med: 3 yrs, 6 months and 21 days + 1 yr, 2 months and 20 days = 4
yrs, 9 months and 10 days
Max: 4 years, 9 months and 11 days + 1 year, 2 months and 20 days =
6 years
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
66. Imposition of fines
a. The court can fix any amount of the fine within the limits
established by law
b. The court must consider—
1. The mitigating and aggravating circumstances
2. More particularly, the wealth or means of the culprit
 Fines are not divided into three equal portions
 When the law does not fix the minimum of the fine, determination of
the amount of the fine to be imposed is left to the sound discretion of
the court, provided it shall not exceed the maximum authorized by law
67. Penalty to be imposed when not all the requisites of exemption of
the 4th circumstance of Art. 12 are present
1. Guilty of a grave felony—the penalty of arresto mayor in its
maximum period to prision correccional in its minimum period
shall be imposed upon the culprit
2. Guilty of a less grave felony—the penalty of arresto mayor in its
minimum and medium periods
 The conditions necessary to exempt from liability under Sec.4 of Art. 12
are:
1. That the act causing the injury be lawful; that is, permitted not only by
law but also by regulations
2. That it be performed with due care
3. That the injury be caused by mere accident
4. That there be no fault or intention to cause the injury
68. Penalty to be imposed upon a person under 18 years of age
1. A child 15 years and under—exempt from criminal responsibility
2. A child above 15 years but below 18 years of age—exempt from
criminal liability unless he has acted with discernment
3. If the offender acted with discernment—he shall undergo diversion
programs provided under Chapter 2 of RA 9344
 The penalty to be imposed is the penalty next lower than that
prescribed by law in accordance with par. 2 of Art. 68
Page 31 of 50
69. Penalty to be imposed when the crime committed is not wholly
excusable—a penalty lower by one or two degrees than that prescribed
by law shall be imposed provided that majority of the conditions are
present
 The privileged circumstances contemplated here include the incomplete
justifying and incomplete exempting circumstances, provided the
majority of their conditions is present
 In determining the proper period of the penalty one or two degrees
lower, the court must consider the number and nature of the conditions
of exemption or justification present or lacking
70. Successive service of sentences
A. When the culprit has to serve two or more penalties, he shall serve
them simultaneously if the nature of the penalties will so permit
 He should serve the two terms successively and the time of the
second sentence did not commence to run until the expiration of
the first
B. Otherwise, the order of their respective severity shall be followed
C. The respective severity of the penalties is as follows:
a. Death to Arresto mayor, Arresto menor, Destierro
b. Perpetual absolute disqualification
c. Temporary absolute disqualification
d. Suspension from public office, right to vote and be voted for,
right to follow profession or calling
e. Public censure
D. The maximum duration of the convict’s sentence shall not be more
than threefold length of time corresponding to the most severe of
the penalties imposed upon him
 The threefold rule only applies when the convict has to serve at least
4 sentences
 Example: A is sentenced to suffer
a. 14 years, 8 months and 1 day—homicide
b. 17 years, 4 months and 1 day in another case
c. 14 years and 8 months in the third case
d. 12 years—frustrated homicide
 The total is 59 years, 8 months and 2 days
 The most severe penalty is (b) where 3 times of it is 52 years and 3
days
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
 Since the law has limited the duration of the maximum term of
imprisonment to not more than 40 years, the accused will have to
suffer 40 years only
 If the sum total of all the penalties does not exceed the most severe
multiplied by 3, the threefold rule does not apply
 If the sentence is indeterminate, the basis of the threefold rule is the
maximum term of the sentence
 The imposition of threefold maximum penalty does not preclude
subsidiary imprisonment for failure to pay a fine
E. Maximum period shall in no case exceed 40 yrs
F. In applying the provisions of this rule, the duration of perpetual
penalties shall be computed at 30 years
 Penalties which can be simultaneously served are:
a. Perpetual/Temporary absolute disqualification
b. Perpetual/Temporary special disqualification
c. Suspension
d. Destierro
e. Public censure
f. Fine and bond to keep the peace
g. Civil interdiction
h. Confiscation and payment of costs
 The above penalties, except destierro, can be served simultaneously with
imprisonment
 Different systems of penalty relative to the execution of two or more
penalties imposed on one and the same accused:
a. The material accumulation system—all the penalties for all the
violation are imposed even if they reach the natural span of human life
b. The juridical accumulation system—the service of the several penalties
imposed on one and the same culprit is limited to not more than
threefold the length of time corresponding to the most severe and in
no case to exceed 40 years
c. The absorption system—the lesser penalties are absorbed by the
graver penalties
71. Graduated Scales
 The court, in applying such lower or higher penalty in Art. 61, shall
observe the following graduated scales:
Scale No. 1
1. Death 6. Arresto mayor
Page 32 of 50
 2. Reclusion perpetua 7. Destierro 74. Penalty higher than reclusion perpetua in certain cases
3. Reclusion temporal 8. Arresto menor  In cases in which the law prescribes a penalty higher than another
4. Prision mayor 9. Public censure given penalty, without specifically designating the name of the
5. Prision correccional 10. Fine former, if such higher penalty should be that of death, the same
penalty and the accessory penalties of article 40, shall be considered
Scale No. 2 as the next higher penalty.
1. Perpetual absolute disqualification  When a given penalty has to be raised by one or two degrees and the
2. Temporary absolute disqualification resulting penalty is death according to the scale, but is not specifically
3. Suspension from public office, right to vote and be voted for, and provided by law as a penalty, the latter cannot be imposed
the right to follow a profession or calling  The reason for the provision is that the penalty higher than reclusion
4. Public censure perpetua cannot be death because the penalty of death must be
5. Fine specifically imposed by law as a penalty given for a crime
 Death shall no longer form part of the equation in the graduation of
penalties pursuant to RA 9346 75. Increasing or reducing the penalty of fine by one or more degrees
 Destierro may be imposed when it is the penalty next lower and the  Whenever it may be necessary to increase or reduce the penalty of
circumstances require the imposition of a penalty one degree lower fine by one or more degrees, it shall be increased or reduced,
 Art. 25—penalties are classified into (1) principal and (2) accessory respectively, for each degree, by one-fourth of the maximum
penalties. The principal penalties are subdivided into capital, afflictive, amount prescribed by law, without, however, changing the minimum
correctional and light  Example:
 Art. 70—classifies the penalties, for the purpose of the successive 1. Reducing the fine—subtraction
service of sentences, according to their severity The fine is from P200 to P2000
 Art. 71—provides for the scales which should be observed in graduating o ¼ of the maximum amount, P2000, is P500
the penalties by degrees in accordance with Art. 61 o One degree lower—P200 as minimum to P1500 as maximum
o Two degrees lower—P200 as minimum to P1000 as maximum
72. Preference in the payment of civil liabilities 2. Increasing the fine—addition
 The civil liabilities of a person found guilty of two or more offenses The fine is from P200 to P2000
o ¼ of the maximum amount, P2000, is P500
shall be satisfied by following the chronological order of the dates of
o One degree higher—P200 to P2500
final judgments rendered against him, beginning with the first in
 The same rules shall be observed with regard to fines that do not
order of time
consist of a fixed amount, but are made proportional
 Example: the fine shall be from an amount equal to the value of the
Provision common to the last two preceding sections
damage to 3 times such value, but in no case be less than P25
73. Presumption in regard to the imposition of accessory penalties o If the value is P2300, which serves as the minimum, the maximum is
 Whenever the courts shall impose a penalty which by provision of P6900, which is 3 times of the minimum
law, carries with it other penalties, according to the provision of Arts.
40-45, it must be understood that the accessory penalties are also 76. Legal period of duration of divisible penalties
imposed upon the convict  The legal period of duration of divisible penalties shall be considered
as divided into three parts, forming three periods, the minimum, the

Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 33 of 50

 medium, and the maximum in the manner shown in the following 77. When the penalty is a complex one composed of three distinct
table: penalties
TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME  In cases in which the law prescribes a penalty composed of three
INCLUDED IN EACH OF THEIR PERIODS distinct penalties, each one shall form a period; the lightest of them
shall be the minimum, the next the medium, and the most severe
Penalties Time Time Time Time
the maximum period
included in included in included in included in
 The above paragraph is the definition of complex penalty
the penalty in its minimum its medium its maximum
its entirety period period  Example: reclusion temporal to death
o Max: Death
Reclusion From 12 From 12 From 14 From 17 o Med: reclusion perpetua
temporal years and 1 years and 1 years, 8 years, 4 o Min: reclusion temporal
day to 20 day to 14 months and months and  Whenever the penalty prescribed does not have one of the forms
years. years and 8 1 day to 17 1 day to 20 specially provided for in this Code, the periods shall be distributed,
months. years and 4 years. applying for analogy the prescribed rules
months.
78. When and how a penalty is to be executed
Prision mayor, From 6 years From 6 From 8 From 10
 No penalty shall be executed except by virtue of a final judgment.
absolute and 1 day to years and 1 years and 1 years and 1
 A penalty shall not be executed in any other form than that
disqualification 12 years. day to 8 day to 10 day to 12
prescribed by law, nor with any other circumstances or incidents
and special years. years. years.
than those expressly authorized thereby.
temporary
 In addition to the provisions of the law, the special regulations
disqualification
prescribed for the government of the institutions in which the
Prision From 6 From 6 From 2 From 4 penalties are to be suffered shall be observed with regard to the
correccional, months and 1 months and years, 4 years, 2 character of the work to be performed, the time of its performance,
suspension day to 6 1 day to 2 months and months and and other incidents connected therewith, the relations of the
anddestierro years. years and 4 1 day to 4 1 day to 6 convicts among themselves and other persons, the relief which they
months. years and 2 years. may receive, and their diet.
months.  The regulations shall make provision for the separation of the sexes
Arresto mayor From 1 From 1 to 2 From 2 From 4 in different institutions, or at least into different departments and
month and 1 months. months and months and also for the correction and reform of the convicts.
day to 1 day to 4 1 day to 6  The judgment must be final before it can be executed, because the
months. months. months. accused may still appeal within 15 days from its promulgation
 But if the defendant has expressly waived in writing his right to appeal,
Arresto menor From 1 to 30 From 1 to From 11 to From 21 to the judgment becomes final immediately
days. 10 days. 20 days. 30 days.
 Period—each of the 3 equal parts of a divisible penalty
 Degree—the diverse penalties mentioned by name in the RPC

Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 34 of 50

79. Suspension of the execution and service of the penalties in case of
insanity
 When a convict shall become insane or an imbecile after final
sentence has been pronounced, the execution of said sentence shall
be suspended only with regard to the personal penalty, the
provisions of the second paragraph of circumstance number 1 of Art.
12 being observed in the corresponding cases
 Only execution of personal penalty is suspended in case of insanity
 Civil liability may be executed even in case of insanity of convict
 If at any time the convict shall recover his reason, his sentence shall
be executed, unless the penalty shall have prescribed in accordance
with the provisions of this Code
 The respective provisions of this section shall also be observed if the
insanity or imbecility occurs while the convict is serving his sentence
 An accused person may become insane:
1. At the time of the commission of the offense
o Exempt from criminal liability [Art. 12(1)]
2. At the time of trial
o The court shall suspend proceedings and order his confinement in a
hospital until he recovers his reason [Art. 12(1)]
3. At the time of final judgment
4. While serving sentence
o Under 3 and 4, the execution thereof shall be suspended with regard
to the personal penalty only
80. Suspension of sentence of minor delinquents
 Whenever a minor of either sex, under 16 years of age at the date of
the commission of a grave or less grave felony, is accused thereof,
the court, after hearing the evidence in the proper proceedings,
instead of pronouncing judgment of conviction, shall suspend all
further proceedings and shall commit such minor to the custody or
care of a public or private, benevolent or charitable institution,
established under the law of the care, correction or education of
orphaned, homeless, defective, and delinquent children, or to the
custody or care of any other responsible person in any other place
subject to visitation and supervision by the Director of Public Welfare
or any of his agents or representatives, if there be any, or otherwise
by the superintendent of public schools or his representatives,
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
subject to such conditions as are prescribed hereinbelow until such
minor shall have reached his majority age or for such less period as
the court may deem proper (As amended by RA 47)
 The court, in committing said minor as provided above, shall take
into consideration the religion of such minor, his parents or next of
kin, in order to avoid his commitment to any private institution not
under the control and supervision of the religious sect or
denomination to which they belong
 The Director of Public Welfare or his duly authorized representatives
or agents, the superintendent of public schools or his
representatives, or the person to whose custody or care the minor
has been committed, shall submit to the court every 4 months and as
often as required in special cases, a written report on the good or
bad conduct of said minor and the moral and intellectual progress
made by him
 The suspension of the proceedings against a minor may be extended
or shortened by the court on the recommendation of the Director of
Public Welfare or his authorized representative or agents, or the
superintendent of public schools or his representatives, according as
to whether the conduct of such minor has been good or not and
whether he has complied with the conditions imposed upon him, or
not. The provisions of the first paragraph of this article shall not,
however, be affected by those contained herein
 If the minor has been committed to the custody or care of any of the
institutions mentioned in the first paragraph of this article, with the
approval of the Director of Public Welfare and subject to such
conditions as this official in accordance with law may deem proper to
impose, such minor may be allowed to stay elsewhere under the
care of a responsible person
 If the minor has behaved properly and has complied with the
conditions imposed upon him during his confinement, in accordance
with the provisions of this article, he shall be returned to the court in
order that the same may order his final release
 In case the minor fails to behave properly or to comply with the
regulations of the institution to which he has been committed or
with the conditions imposed upon him when he was committed to
the care of a responsible person, or in case he should be found
Page 35 of 50
 incorrigible or his continued stay in such institution should be
inadvisable, he shall be returned to the court in order that the same
may render the judgment corresponding to the crime committed by
him
 The expenses for the maintenance of a minor delinquent confined in
the institution to which he has been committed, shall be borne
totally or partially by his parents or relatives or those persons liable
to support him, if they are able to do so, in the discretion of the
court; Provided, That in case his parents or relatives or those persons
liable to support him have not been ordered to pay said expenses or
are found indigent and cannot pay said expenses, the municipality in
which the offense was committed shall pay one-third of said
expenses; the province to which the municipality belongs shall pay
one-third; and the remaining one-third shall be borne by the
National
Government: Provided, however, That whenever the Secretary of
Finance certifies that a municipality is not able to pay its share in the
expenses above mentioned, such share which is not paid by said
municipality shall be borne by the National Government. Chartered
cities shall pay two-thirds of said expenses; and in case a chartered
city cannot pay said expenses, the internal revenue allotments which
may be due to said city shall be withheld and applied in settlement
of said indebtedness in accordance with section five hundred and
eighty-eight of the Administrative Code (As amended by Com. Act.
99 and RA 47)
 Art. 80 has been repealed by Chapter 3 of PD 603, as amended (The
Child and Youth Welfare Code), and by RA 9344 (Juvenile Justice and
Welfare Act of 2006)
 RA 9344 repealed PD 603 on the matter of definition although both
cover children who are under 18 years of age
 Under PD 603
o Youthful offender—a child, minor or youth, including one who is
emancipated in accordance with law, who is over 9 years but under 18
years of age at the time of the commission of the offense
o Minimum age of Criminal Responsibility
 9 years or under at the time of the commission of the offense, and
over 9 years and under 15, unless he acted with discernment, shall
be exempt from criminal liability
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
o Discernment
 Over 9 and under 15 years of age who acted with discernment—the
court may suspend all further proceedings and shall commit such
minor to the custody or care of DSWD until he reached the age of
21 or for a shorter period as the court may deem proper
o Suspension of sentence
 There is no automatic suspension of sentence
 The youthful offender should apply for it and it is discretionary on
the court to approve the application
 The order of the court denying the suspension shall not be
appealable
 Under RA 9344
o Definition
 Child—a person under 18 years
 Child in conflict with the law—a child who is alleged as, accused of,
or adjudged as, having committed an offense under Philippine Laws
o Minimum age of Criminal Responsibility
 15 years of age or under—at the time of the commission of the
offense shall be exempt from criminal liability but is subjected to an
intervention program (Sec. 20 of RA 9344)
 Above 15 years but below 18 years of age—shall likewise be exempt
from criminal liability and be subjected to an intervention program,
unless he acted with discernment, in which case, such child shall be
subjected to the appropriate proceedings in accordance with RA
9344
 Exemption from criminal liability does not include exemption from
civil liability, which shall be enforced in accordance with existing
laws
o Intervention Program
 15 years old or below—authority has the duty to immediately release
the child to the custody of his parents or guardians, or in the
absence thereof, the child’s nearest relative
 If the parents, guardian or relatives cannot be located or refuses to
take custody, the child may be released to:
a. Duly registered non-governmental or religious organization
b. Barangay official or member of the Barangay Council for the
Protection of Children (BCPC)
c. Local social welfare and development officer
d. DSWD, when appropriate
Page 36 of 50
  If the child is abandoned, neglected or abused by his parents or in
the event that the parent will not comply with the prevention
program, DSWD or the Local Social Welfare and Development
Office shall file a proper petition for involuntary commitment
 Over 15 but under 18 who acted with discernment—automatic
suspension of sentence, the child in conflict with the law need not to
apply for it, and shall be subjected to a diversion program
 Such suspension of sentence shall be applied even if the juvenile is
already 18 years of age or more at the time of the pronouncement
of his guilt
o Bail
 For purpose of recommending the amount of bail, the privileged
mitigating circumstance of minority shall be considered
o Release on Recognizance
 The court shall not order the detention of a child in a jail pending
the trial or hearing of his or her case
 Where a child is detained, the court shall order:
a. The release of the minor on recognizance to his parent and other
suitable persons
b. The release of the child in conflict with the law on bail
c. The transfer of the minor to a youth detention home / youth
rehabilitation center
o Detention of the child pending trial
 Institutionalization or detention of the child pending trial shall be
used only as a measure of last resort and for the shortest possible
period of time
 The child shall be detained in youth detention homes established by
the local governments
o Diversion measures
 Whenever the maximum penalty imposed by law is imprisonment of
not more than 12 years or fine alone regardless of the amount,
before the arraignment of the child in conflict with the law, the
court shall determine whether or not diversion is appropriate
o Discharge of the child in conflict with the law
 Upon the recommendation of the social worker, the court shall
dismiss the case against the child whose sentence has been
suspended and against whom disposition measures have been
issued, and shall order the final discharge of the child if it finds that
the objective of the disposition measures have been fulfilled
o Return of Child in conflict with the law to court
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
 If the objective of the disposition measures has not been fulfilled,
the child shall be brought before the court for execution of
judgment
o Credit in Service of Sentence
 The child shall be credited in the service of his sentence with the full
time spent in actual commitment and detention under RA 9344
o Probation as an Alternative to Imprisonment
 The court may, after conviction and sentencing of the child, and
upon application at any time, place the child on probation in lieu of
service of his sentence taking into account the best interest of the
child
o Rehabilitation and reintegration
 Objective:
 provide them with interventions, approaches and strategies that
will enable them to improve their social functioning with the end
goal of reintegration to their families and as productive members
of their communities
 Court order is required
 Children are in separate facilities from adults
 Female children shall be given special attention as to their personal
needs and problems and shall be accommodated separately from
male children in conflict with the law
 The expenses for the care and maintenance of the child shall be
borne by his parents or those persons liable to support him
 If the parents or those liable to support the child cannot pay all or
part of said expenses, it will be divided into:
a. 1/3 municipality
b. 1/3 province
c. 1/3 national government
d. For chartered cities—2/3
 The convicted child may also be confined in agricultural camps and
other training facilities
 Liability of parents or guardian or any person in the commission of
delinquent acts by their children or wards—if they know of the acts
be punished by a fine not exceeding P500 or to imprisonment for a
period not exceeding 2 years, or both, at the discretion of the court
 There is a confidentiality of records and proceedings
Page 37 of 50
81. When and how the death penalty is to be executed
 The death sentence shall be executed with reference to any other
and shall consist in putting the person under sentence to death by
electrocution. The death sentence shall be executed under the
authority of the Director of Prisons, endeavoring so far as possible to
mitigate the sufferings of the person under sentence during
electrocution as well as during the proceedings prior to the
execution
 Under RA 8177, the death sentence shall be executed by means of lethal
injection
 If the person under sentence so desires, he shall be anaesthetized at
the moment of the electrocution
 In view of enactment of RA 9346, the death penalty shall not be
imposed
 Arts. 81-85 of the RPC have no application
82. Notification and execution of the sentence and assistance to the
culprit
 The court shall designate a working day for the execution but not 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 the expiration of at least 8 hours following the
notification, but before sunset.
 During the interval between the notification and the execution, the
culprit shall, in so far as possible, be furnished such assistance as he
may request in order to be attended in his last moments by priests
or ministers of the religion he professes and to consult lawyers, as
well as in order to make a will and confer with members of his family
or persons in charge of the management of his business, of the
administration of his property, or of the care of his descendants.
 A convict sentenced to death may make a will
 If the death penalty was executed, the convict may dispose of his
property by an act or conveyance inter vivos
 But complication arises if it was not executed by reason of commutation
or pardon where he would suffer civil interdiction
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
83. Suspension of the execution of the death sentence
 The death sentence shall not be inflicted upon a woman within the 1
year after delivery, nor upon any person over 70 years of age. In this
last case, the death sentence shall be commuted to the penalty of
reclusion perpetua with the accessory penalties provided in Art. 40
 In all cases where the death sentence has become final, the records
of the case shall be forwarded immediately by the SC to the Office of
the President for possible exercise of pardoning
 Death sentence shall be suspended when the accused is a—
a. Woman, while pregnant
b. Woman, within 1 year after delivery
c. Person over 70 years of age
d. Convict who becomes insane after final sentence of death has been
pronounced.
 But when he recovers his reason and before the penalty has
prescribed, he may be put to death
 Art. 83 speaks of suspension while Art. 47 provides for cases in which
death penalty is not to be imposed
 RTC can suspend execution of death sentence upon review or
reconsideration of the proceedings
84. Place of execution and persons who may witness the same
 The execution shall take place in the penitentiary of Bilibid in a space
closed to the public view and shall be witnessed only by the priests
assisting the offender and by his lawyers, and by his relatives, not
exceeding 6, if he so request, by the physician and the necessary
personnel of the penal establishment, and by such persons as the
Director of Prisons may authorize
 Persons who may witness execution
a. Priests assisting the offender
b. Offender’s lawyers
c. Offender’s relatives, not exceeding 6, if so requested
d. Physician
e. Necessary personnel of penal establishment
 Person below 18 years of age may not be allowed to witness an
execution
Page 38 of 50
85. Provisions relative to the corpse of the person executed and its burial
 Unless claimed by his family, the corpse of the culprit shall, upon the
completion of the legal proceedings subsequent to the execution, be
turned over to the institute of learning or scientific research first
applying for it, for the purpose of study and investigation, provided
that such institute shall take charge of the decent burial of the
remains
 Otherwise, the Director of Prisons shall order the burial of the body
of the culprit at government expense, granting permission to be
present thereat to the members of the family of the culprit and the
friends of the latter. In no case shall the burial of the body of a
person sentenced to death be held with the pomp
 Burying of the corpse of a person sentenced to death with pomp is
penalized under Art. 153
 This is to prevent anyone from making a hero out of a criminal
86. The penalties of reclusion perpetua, reclusion temporal, prision
mayor, prision correccional and arresto mayor, shall be executed and
served in the places and penal establishments provided by the
Administrative Code in force or which may be provided by law in the
future
87. Any person sentenced to destierro shall not be permitted to enter
the place or places designated in the sentence, nor within the radius
therein specified, which shall be not more than 250 and not less than 25
kilometers from the place designated
 Destierro is imposed:
1. Art. 247—whe death or serious physical injuries is caused or are
inflicted under exceptional circumstances
2. Art. 284—when a person fails to give bond for good behavior
3. Art. 334—as a penalty for the concubine in the crime of concubinage
4. When after lowering the penalty by degrees, destierro is the proper
penalty
88. The penalty of arresto menor shall be served in the municipal jail, or
in the house of the defendant himself under the surveillance of an
officer of the law, when the court so provides in its decision, taking into
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
consideration the health of the offender and other reasons which may
seem satisfactory to it
 Grounds for serving the penalty in the house of the defendant when the
court provides in its decision are health and other reasons satisfactory to
the court
Total Extinction of Criminal Liability
89. Criminal liability is totally extinguished by:
A. Death of the convict, as to the personal penalties and as to
pecuniary penalties, liability therefor is extinguished only when the
death of the offender occurs before final judgment
 death of the convict, whether before or after final judgment,
extinguishes criminal liability
 civil liability is extinguished only when death occurs before final
judgment
 criminal and civil liability is extinguished when the offender dies
before final judgment
o but claim for civil liability survives if it may be predicated on a
source of obligation other than delict, such as law, contracts,
quasi-contracts and quasi-delicts
o if the private offended party desires to recover damages from the
same act or omission complained of, he must file a separate civil
action which is not lost by prescription of death, predicated not
on the felony previously charged but on other sources of
obligation
 final judgment—judgment beyond recall
B. Service of the sentence
 Crime—a debt incurred by the offender as a consequence of his
wrongful act and the penalty is but the amount of his debt
 When payment is made, the debt is extinguished
 Civil liability is not extinguished by service of sentence
C. Amnesty, which completely extinguishes the penalty and all its
effects
 Amnesty—an act of the sovereign power granting oblivion or a
general pardon for a past offense, and is rarely, if ever, exercised in
favor of a single individual, and is usually exerted in behalf of certain
classes of persons, who are subject to trial but have not yet been
convicted
Page 39 of 50
 o May also be granted after conviction a. that there be final judgment
 But civil liability is not extinguished by amnesty b. that the period of time prescribed by law for its enforcement has
D. Absolute pardon elapsed
 Pardon—act of grace proceeding from the power entrusted with the G. Marriage of the offended woman, as provided in Art. 344 of this
execution of the laws which exempts the individual on whom it is Code
bestowed from the punishment the law inflicts for the crime he has  Crimes of rape, seduction, abduction or acts of lasciviousness
committed  Marriage must be contracted by the offender in good faith
 Kinds of pardon:  Marriage contracted only to avoid criminal liability is devoid of legal
a. Absolute pardon effects
b. Conditional pardon  Extinction of criminal liability does not automatically extinguish civil
o Whichever kind, for the validity, delivery is an indispensable liability
requisite  Causes of extinction of criminal liability arise after the commission of
o Once accepted by the grantee, the pardon already delivered the offense
cannot be revoked by the authority which granted it
 Criminal liability is totally extinguished is a ground for motion to
Amnesty Pardon squash—to bar another prosecution for the same offense
A blanket pardon to classes of Includes any crime and is exercised
persons who may be guilty of individually by the President 90. Prescription of crime (Crimes punishable by)
political offenses  The penalty prescribed by law is considered
May be exercised even before trial Exercised when the person is already A. Death, reclusion perpetua or reclusion temporal—prescribe in 20
or investigation is had convicted years
Looks backward and abolishes and Looks forward and relieves the B. Other afflictive penalties—prescribe in 15 years
puts into oblivion the offense itself offender from the consequences of C. correctional penalty—prescribe in 10 years
an offense of which he was convicted
o Except of those punishable by arresto mayor—prescribe in 5
Person released by amnesty stands Does not work the restoration of the
before the law precisely as though rights to hold office, suffrage, unless years
he had committed no offense such rights be expressly restored by D. Libel or other similar offenses—1 year
the terms of the pardon E. Oral defamation and slander by deed—prescribe in 6 months
Do not extinguish civil liability  Simple slander prescribes in 2 months
A proclamation of the President A private act of the President which  Grave slander prescribes in 6 months
with the concurrence of Congress, must be pleaded and proved by the F. Light offenses—prescribe in 2 months
is a public act of which the courts person pardoned  When the penalty fixed by law is a compound one, the highest
should take judicial notice penalty shall be made the basis of the application of the rules
E. Prescription of the crime contained in the first, second and third paragraphs of this article (As
 forfeiture or loss of the right of the State to prosecute the offender amended by RA 4661)
after the lapse of a certain time o Example: Penalty of arresto mayor in its maximum to prision correccional in
F. Prescription of the penalty its minimum
 loss or forfeiture of the right of the Government to execute the final  Since prision correccional is the higher penalty, it will prescribe in 10
sentence after the lapse of a certain time years
 conditions necessary: o Applicable to both fines and imprisonment
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 40 of 50
 A month is computed as the regular 30-day month
 Provisions of RA 4661, reducing the prescriptive period of the crime of
libel or other similar offenses from 2 years to 1 year, shall not apply to
cases of libel already filed in court at the time of approval of this
amendatory act, June 18 1966
 In computing the period of prescription, the first day is to be excluded
and the last day included
o The running of the prescriptive period should commence from the
day following the day on which the crime was committed
o Where the last day of the prescriptive period for filing an information
falls on a Sunday or legal holiday, the information can no longer be
filed on the next day as the crime has already prescribed
 Prescription of crimes punishable by fines shall depend on the
classification of such fine as whether
a. Afflictive—over P6 000
b. Correctional—P200 to P6 000
c. Light felony—less than P200
 Defense of prescription may be raised during the trial or during the
appeal, and is a ground for the acquittal of the accused
 Accused cannot be convicted of an offense lesser than that charged if
the lesser offense had already prescribed at the time the information was
filed
 Prescriptive periods of offenses punished under special laws and
municipal ordinances (but is not applicable when the law specifically
provides for its own prescriptive period)
a. Only by a fine or by imprisonment for not more than 1 month, or
both—prescribes after 1 year
b. Imprisonment for more than 1 month but less than 2 years—
prescribes after 4 years
c. Imprisonment for 2 years or more but less than 6 years—prescribes
after 8 years
d. Imprisonment for 6 years or more—after 12 years
e. Offenses under Internal Revenue Law—5 years
f. Violations of municipal ordinances—2 months
g. Violations of the regulations or conditions of certificate of
convenience by the Public Service Commission—2 months
 Under special laws and ordinances, prescriptive period begins to run
from the day of the commission of the violation, and if not known,
from the discovery thereof, and can be interrupted when proceedings
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
are instituted against the guilty person and shall run again if the
proceedings are dismissed for reasons not constituting jeopardy
91. Computation of prescription of offenses
 The period of prescription shall commence to run from the day on
which the crime is discovered by the offended party, the authorities,
or their agents, and shall be interrupted by the filing of the complaint
or information, and shall commence to run again when such
proceedings terminate without the accused being convicted or
acquitted, or are unjustifiably stopped for any reason not imputable
to him
 The term of prescription shall not run when the offender is absent
from the Philippine Archipelago
 The period of prescription of crime commences to run from the
commission of the offense or its discover, if the commission of the
same unknown
 The fact that the culprit is unknown will not prevent the period of
prescription from commencing to run because it is the discovery of the
crime, and not the discovery of the offender
 It is also not necessary that the accused is arrested
 Continuing crime—prescriptive period cannot begin to run for there
could be no termination of continuity and the crime does not end
 The crime is discovered by (a) the offended party, (b) the authorities, or
(c) their agents
 The complaint or information that will interrupt the period of
prescription must be the proper information or complaint
corresponding to the offense
 The original prescriptive period should be considered if the filing of
amended complaint or information is merely a correction of a defect
and there are no new information
 The termination through prescription of crimes refers to a termination
that is final as to amount to a jeopardy that would bar a subsequent
prosecution
 Prescription of election offenses
o If discovery of offense is incidental to judicial proceedings—begins
when such proceeding terminates
o If discovery of offense is not incidental—begins from the date of
commission of offense
Page 41 of 50
 Prescription of the offense of false testimony
o if unfavorable to the defendant –from time principal case is finally
decided
o if favorable to the defendant—from the time there is a specific penalty
which does not depend on the conviction or acquittal of the defendant
92. The penalties imposed by final sentence prescribe as follows:
1. Death and reclusion perpetua—20 years
2. Other afflictive penalties—15 years
3. Correctional penalties--in 10 years
o Except of the penalty of arresto mayor—prescribes in 5 years
4. Light penalties—1 year
 The penalty imposed by the court that should be considered
 Contemplates the deduction or addition based on circumstances present
93. Computation of the prescription of penalties
 The period of prescription of penalties commences to run from the
date when the culprit evaded the service of his sentence
 It is interrupted if the convict—
1. Gives himself up
2. Be captured
3. Goes to a foreign country with which we have no extradition treaty
4. Commits another crime before the expiration of the prescription
 Elements:
1. That the penalty is imposed by final sentence
2. That the convict evaded the service of the sentence by escaping during
the term of his sentence
3. That the convict who escaped from prison has not given himself up,
or been capture, or gone to a foreign country with which we have no
extradition treaty, or committed another crime
4. That the penalty has prescribed, because of the lapse of time from the
date of the evasion of the service of the sentence by the convict
 Acceptance of conditional pardon interrupts the prescriptive period
Partial Extinction of Criminal Liability
94. Criminal liability is extinguished partially:
A. By conditional pardon
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
 A contract between the sovereign power of the executive and the
convict that the former will release the latter upon compliance with
the condition
 Usual condition is ―he shall not again violate any of the penal laws
of the Philippines‖
B. By commutation of the sentence
 A change of the decision of the court made by the President by
reducing the degree of the penalty inflicted upon the convict, or by
decreasing the length of imprisonment or the amount of the fine
 Consent of the offender is not necessary
 Specific cases where commutation is provided by the Code and
lower the degree of the penalty from death to reclusion perpetua:
a. The convict sentenced to death is 70 years old
b. When 8 justices of the SC fail to reach a decision for the
affirmance of the death penalty
C. For good conduct allowances which the culprit may earn while he
is serving his sentence
 Deduction from the term of the sentence for good behavior
 A prisoner is also entitled to special time allowance for loyalty
o A deduction of 1/5 of the period of his sentence is granted to a
loyal prisoner
 Parole should be added as No. 4 in the enumeration
o consists in the suspension of the sentence of a convict after serving
the minimum term of the indeterminate penalty, without granting a
pardon, prescribing the terms upon which the sentence shall be
suspended
o if the convict fails to observe the conditions of the parole, where
conviction is not necessary but only the commission of any crime, is
sufficient to warrant parolee’s arrest and re-incarceration
Conditional Pardon Parole
Granted by the President under Granted by the Board of Pardons and
Administrative Code which may Parole under ISL which may be given
be given at any time after the final after the prisoner has served the
judgment minimum penalty
For violation, convict may be For violation, convict cannot be
ordered re-arrested or re- prosecuted under Art. 159, but can be
incarcerated by the President, or re-arrested and re-incarcerated to serve
may be prosecuted under Art. 159 the unserved portion of his original
penalty
Page 42 of 50
 95. Obligation incurred by person granted conditional pardon
 Any person who has been granted conditional pardon shall incur the
obligation of complying strictly with the conditions imposed therein
otherwise, his non-compliance with any of the conditions specified
shall result in the revocation of the pardon and the provisions of Art.
159 shall be applied to him
 Outline of the provision:
1. He must comply strictly with the conditions imposed in the pardon
2. Failure to comply shall result in the revocation of the pardon where
the President may order his arrest and re-incarceration
3. He becomes liable under Art. 159 which is the judicial remedy
 Condition of pardon is limited to the unserved portion of the sentence,
unless an intention to extend it beyond that time is manifest
96. Effect of commutation of sentence
 The commutation of the original sentence for another of a different
length and nature shall have the legal effect of substituting the latter
in the place of the former
97. Allowance for good conduct
 The good conduct of any prisoner in any penal institution shall
entitle him to the following deductions from the period of his
sentence: (during the—shall be allowed a)
1. First 2 years of his imprisonment—deduction of 5 days for each
month of good behavior
2. Third to the fifth year, inclusive, of his imprisonment—deduction
of 8 days for each month of good behavior
3. Following years until the tenth year, inclusive, of his
imprisonment—deduction of 10 days for each month of good
behavior
4. Eleventh and successive years of his imprisonment—deduction of
15 days for each month of good behavior
 ―any prisoner‖—prisoner serving his sentence
 No allowance for good conduct while prisoner is released under
conditional pardon because he is not serving the remitted penalty in
prison
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
98. Special time allowance for loyalty
 A deduction of 1/5 of the period of his sentence shall be granted to
any prisoner who, having evaded the service of his sentence under
the circumstances mentioned in Art. 158 of this Code, gives himself
up to the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or
catastrophe to in said article
 ―the period of his sentence‖—original sentence
 Art. 158—a convict who shall evade the service of his sentence, by
leaving the penal institution where he shall have been confined, on the
occasion of disorder resulting from a conflagration, earthquake,
explosion, or similar catastrophe, or during a mutiny in which he has not
participated, is liable to an increased penalty (1/5 of the time still
remaining to be served — not to exceed 6 months), if he fails to give
himself up to the authorities within 48 hours following the issuance of a
proclamation by the Chief Executive announcing the passing away of
such calamity
99. Who grants time allowance
 Whenever lawfully justified, the Director of Prisons shall grant
allowances for good conduct. Such allowances once granted shall not
be revoked
 The allowance for good conduct is not an automatic right for it must be
granted by the Director of Prisons
 Allowances for good conduct once granted by the Director of Prisons
cannot be revoked by him
 The authority to grant time allowance is exclusively vested in the
Director of Prisons
Person Civilly Liable For Felonies
2 classes of injuries which an offense causes:
A. Social injury
 produced by the disturbance and alarm which are the outcome of
the offense
 sought to be repaired through the imposition of the corresponding
penalty
Page 43 of 50
 B. Personal injury
 caused to the victim of the crime who may have suffered damage,
either to his person, property, honor, or to her chastity
 sought to be repaired through indemnity which is civil in nature
100. Every person criminally liable for a felony is also civilly liable
 New Civil Code
o Art. 20—Every person who, contrary to law, willfully or negligently
causes damage to another, shall indemnify the latter for the same
o Art. 1161—Civil obligations arising from criminal offenses shall be
governed by penal laws
o Art. 2176—The civil liability arising from negligence under the RPC is
entirely separate and distinct from the responsibility for fault or
negligence called quasi-delict
o Art. 2177—But the party claiming payment for the damage done
cannot recover twice for the same act or omission of the defendant
 Civil liability under the RPC includes (Art. 104):
1. Restitution
2. Reparation of the damage caused
3. Indemnification for consequential damages
 Civil liability will not arise from crime of treason, rebellion, espionage,
contempt and others wherein there are no damages to be compensated
for or there is no private person injured by the crime
 Damages that may be recovered in criminal cases:
1. Crimes against property—damages based on the price of the thing and
its special sentimental value to the injured party may be recovered, if
the thing itself cannot be restored
2. Crimes against persons—the injured party is entitled to be paid for
whatever he spent for the treatment of his wounds, doctor’s fees, and
for medicine, as well as the salary or wages unearned by him because
of his inability to work due to his injuries (crime of physical injuries)
3. Damages for loss or impairment of earning capacity in cases of
temporary or permanent personal injury
4. Moral damages may be recovered in a criminal offense resulting in
a. Physical injuries
b. Crimes of Seduction, Abduction, and other lascivious acts
c. Rape—may be additionally awarded to the victim, without need for
pleading or proof of the basis thereof
d. Adultery or concubinage
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
e. Illegal or arbitrary detention or arrest
f. Illegal search
g. Libel
h. Slander, or any other form of defamation
i. Malicious prosecution
5. Exemplary damages may be imposed when the crime was committed
with one or more aggravating circumstances
6. Damages for death caused by a crime have been raised to P50 000,
and in addition
a. For the loss of the earning capacity of the deceased
b. Liable to give support if the deceased was obliged to give support to
one not an heir of the deceased
c. Pay moral damages for mental anguish to the spouse, legitimate and
illegitimate descendants and ascendants
 Civil liability may exist, although the accused is not held criminally liable,
in the following cases:
1. Acquittal on reasonable doubt
2. Acquittal from a cause of non-imputability—Art. 101 (exemptions
from criminal liability)
3. Acquittal in the criminal action for negligence
4. When there is only civil liability
5. In cases of independent civil actions
Prosecution of Civil Action arising from Crime:
 Institution of criminal and civil actions:
1. When a criminal action is instituted, the civil action for recovery of
civil liability arising from the offense charged shall be deemed
instituted unless the offended party
a. waives the civil action
b. reserves the right to institute it separately
c. institutes the civil action prior to the criminal action
2. The criminal action for violation of BP 22 shall be deemed to include
the corresponding civil action and no reservation to file such shall be
allowed
 When civil action may proceed independently
o In the cases provided for in Arts. 32, 33, 34 and 2176 of the Civil
Code and shall require only a preponderance of evidence. In no case,
may the offended party recovers damages twice
 When separate civil action is suspended
1. After the criminal action has commenced
Page 44 of 50
 2. If the criminal action is filed after the civil action has already been
instituted
 A judgment in civil action is not a bar to a criminal action against the
defendant
 When the offender is acquitted on the ground that his guilt was not
proven beyond reasonable doubt, a civil action may still be instituted
 Judgment in the civil case already promulgated is not suspended by the
filing of criminal action
 Sec. 2 of Rule 111 of the Revised Rules of Criminal Procedure:
After the criminal action has been commenced, the separate civil
action arising therefrom cannot be instituted until final judgment
has been entered in the criminal action.chan robles virtual law
library
If the criminal action is filed after the said civil action has already
been instituted, the latter shall be suspended in whatever state it
may be found before judgment on the merits. The suspension shall
last until final judgment is rendered in the criminal action.
Nevertheless, before judgment on the merits rendered in the civil
action, the same may, upon motion of the offended party, be
consolidated with the criminal action in the court trying the
criminal action. In case of consolidation, the evidence already
adduced in the civil action shall be deemed automatically
reproduced in the criminal action without prejudice to the right of
the prosecution to cross-examine the witness presented by the
offended party in the criminal case and of the parties to present
additional evidence. The consolidated criminal and civil actions
shall be tried and decided jointly.
During the pendency of the criminal action, the running period
of prescription of the civil action which cannot be instituted
separately or whose proceeding has been suspended shall be tolled.
The extinction of the penal action does not carry with it
extinction of the civil action. However, the civil action based on
delict shall be deemed extinguished if there is a finding in a final
judgment in the criminal action that the act or omission from
which the civil liability may arise did not exist.
o Sec. 2 of Rule 111 applies only
a. When claimant in the civil action is the offended party in the
criminal action
b. Both cases arise from the same offense
c. To civil liability arising from crime
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
o Attachment of the property of the accused as security for the
satisfaction of any judgment that may be recovered in the following
cases:
a. When the accused is about to abscond from the Philippines
b. When the criminal action is based on a claim for money or property
embezzled or fraudulently misapplied or converted by the accused
for a willful violation of duty or other person in a fiduciary capacity
c. When the accused has concealed, removed, or disposed of his
personal property, or is about to do so
d. When the accused resides outside the Philippine
o Writ of attachment may be issued in criminal cases
 From a judgment of conviction, two appeals may accordingly be
instituted: criminal and civil
 Reservation to the right to institute separate civil action is necessary in
the following cases:
a. Cases referred to in Art. 32 of the Civil Code
b. Cases of defamation, fraud and physical injuries where physical
injuries include attempted or frustrated homicide, or death
c. When the civil action is against a member of a city or municipal
police force refusing to render aid
d. Action for damages arising from fault or negligence, there being no
pre-existing contractual relation between the parties
o The purpose of reservation is to prevent the matter from becoming
res adjudicate
 If the offended party in the criminal case is represented by a private
prosecutor, he cannot file an independent civil action
 Extinction of criminal action does not arise to the extinction of a civil
action
 Prejudicial question—one which arises in a cases where the resolution of
which is a logical antecedent of the issue involved in said case and the
cognizance of which pertains to another tribunal—must be decided
before any criminal prosecution may be instituted or may proceed
o Elements of prejudicial question:
a. The civil action involves an issue similar or intimately related to the
issue raised in the criminal action
b. The resolution of such issue determines whether or not the criminal
action may proceed
i. The prejudicial question must be determinative of the case before
the court
Page 45 of 50
 ii. Jurisdiction to try said question must be lodged in another
tribunal
101. Rules regarding civil liability in certain cases
 The exemption from criminal liability established in subdivisions 1,
2, 3, 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this
Code does not include exemption from civil liability, which shall be
enforced subject to the following rules:
1st. In cases of subdivisions of Art. 12(1) (2) (3), the civil liability shall
devolve upon those having such person under their legal
authority or control, unless it appears that there was no fault or
negligence on their part
o In case of absence of such person or such person is insolvent,
the said insane, imbecile, or minor shall respond with their
own property, excepting property exempt from execution, in
accordance with the civil law
 Courts, even when they hold the accused exempt from criminal
liability, must fix the civil liability of the person charged with the
watching over and caring for him or the liability of the demented
person himself with his property
2nd. In cases falling within Art. 11(4), the persons for whose benefit
the harm has been prevented shall be civilly liable in proportion
to the benefit which they may have received
o The courts shall determine, in sound discretion, the
proportionate amount for which each one shall be liable
o When the respective shares cannot be equitably determined,
even approximately, or when the liability also attaches to the
Government, or to the majority of the inhabitants of the town,
and, in all events, whenever the damages have been caused
with the consent of the authorities or their agents,
indemnification shall be made in the manner prescribed by
special laws or regulations
 Generally, there is no civil liability in justifying circumstances except in
Art. 11(4)
 The person civilly liable is the one benefited by the act which causes
damage to another
3rd. In cases falling Art. 12(5) (6), the persons using violence or causing
the fears shall be primarily liable and secondarily, or, if there be no
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
such persons, those doing the act shall be liable, saving always to
the latter that part of their property exempt from execution
 In case of person acting under irresistible force or uncontrollable fear,
the person civilly liable are:
b. The persons using violence or causing fear are primarily liable
c. If there be no such person, those doing the act shall be liable
secondarily
102. Subsidiary civil liability of innkeepers, tavernkeepers and
proprietors of establishments
 Elements of par. 1:
1. That the innkeeper, tavernkeeper or proprietor of the
establishment or his employee committed a violation of municipal
ordinance or some general or special police regulation
2. That a crime is committed in such inn, tavern or establishment
3. That the person criminally liable is insolvent
o If all of the above are present, the innkeeper, tavernkeeper or
any other person or corporation is civilly liable (subsidiarily) for
the crime committed in his establishment
 Elements of par. 2:
1. The guests notified in advance the innkeeper or the person
representing him of the deposit of their good within the inn or
house
2. The guests followed the direction of the innkeeper or his
representative with respect to the care of and vigilance over such
goods
3. Such goods of the guests lodging therein were taken by robbery
with force upon things or theft committed within the inn or house
o When all of the above are present, the innkeeper is subsidiarily
liable
o However, no liability shall attach in case of robbery with violence
against or intimidation of persons, unless committed by the
innkeeper’s employees
 It is not necessary that the effects of the guest be actually delivered
to innkeeper
Page 46 of 50
103. Subsidiary civil liability of other persons
 Elements:
A. The employer, teacher, person or corporation is engaged in any
kind of industry
 Industry—any department or branch of art, occupation or business,
especially, one which employs so much labor and capital and is a
distinct branch of trade
 A hospital is not engaged in industry, so, nurses are not servants
B. Any of their servants, pupils, workmen, apprentices or employees
commits a felony while in the discharge of his duties
C. The said employee is insolvent and has not satisfied his civil liability
o When all the elements are present, the employer or teacher is
subsidiarily liable
 Decision convicting an employee is binding upon the employer with
respect to the civil liability and its amount
 The court does not need to expressly pronounce the subsidiary liability
of the employer in the dispositive portion of its decision
 The subsidiary liability may be enforced only upon a motion for
subsidiary writ of execution against the employer and upon proof that
the employee is insolvent
 Employer is subsidiarily liable for the full amount against employee and
there is no defense of diligence of a good father of a family
 Art. 103 is applicable to violations of Revised Motor Vehicle Law
o If the owner was not in the motor vehicle, the provisions of Art. 2180
of the Civil Code are not applicable
 Art. 2177 of the Civil Code expressly recognize civil liabilities arising
from negligence under the Penal Code, only that it provides that the
plaintiff cannot recover damages twice of the same act or omission of
the defendant
 Persons civilly liable in the absence of those criminally liable:
1. Art. 101(3)
2. Art. 102
3. Art. 103
What Civil Liability Includes
104. The civil liability established in Arts. 100, 101, 102, and 103 of this
Code includes:
A. Restitution
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
 To restore the real property occupied
B. Reparation of the damage caused
 To repair the damages caused to it
C. Indemnification for consequential damages
Civil liability Pecuniary liability
Include reparation of the damage caused and indemnification for
consequential damages
Includes restitution
There is nothing to pay in terms of Liabilities to be paid out of the
money as the property unlawfully property of the offender
taken is returned
Includes fine and costs of
proceedings
105. Restitution
 The restitution of the thing itself must be made whenever possible,
with allowance for any deterioration, or diminution of value as
determined by the court
 The convict cannot, by way of restitution, give to the offended party a
similar thing of the same amount, kind or species and quality because
what is required to be returned is the very thing taken
 The thing itself shall be restored, even though it be found in the
possession of a third person who has acquired it by lawful means,
saving to the latter his action against the proper person, who may be
liable to him
 The general rule is that the owner of property illegally taken by the
offender can recover it from whomever is in possession thereof
 Under the Civil Code, the person who has lost any personal property
or has been deprived thereof cannot obtain its return without
reimbursing the price paid therefor, only when the possessor thereof
acquired in good faith at a public sale
 Restitution cannot be ordered before final judgment
 This provision is not applicable in cases in which the thing has been
acquired by the third person in the manner and under the
requirements which, by law, bar an action for its recovery
 A person who is not a party in the case cannot recover in the criminal
action any indemnity from the accused
Page 47 of 50
 When the liability to return a thing arises from contract, not from a
criminal act, the court cannot order its return in the criminal case
 Restitution may be ordered, even if accused is acquitted, provided the
offense is proved and it is shown that the thing belongs to somebody
else
 When a crime is not against property, no restitution or reparation of the
thing can be done but there are some crimes which allow restitution
 The payment of salary of an employee during the period of suspension
cannot, as a general rule, be properly decreed by the court in a judgment
of acquittal. It devolves upon the head of the department concerned,
and is discretionary with him
 The Court has authority to order the reinstatement of the accused
acquitted of a crime punishable by the penalty of perpetual or temporary
disqualification
106. Reparation
 The court shall determine the amount of damage, taking into
consideration the price of the thing, whenever possible, and its
special sentimental value to the injured party, and reparation shall
be made accordingly
 Reparation are for crimes against property
 Reparation will be ordered by the court if restitution is not possible
 If there is no evidence as to the value of the thing unrecovered,
reparation cannot be made
 Reparation includes:
1. Repair of the material damage caused by the robbers in addition to the
value of the thing taken
2. In a rape case, the value of the woman’s torn garments
 Civil damages which may be recovered in criminal action are limited to
consequential damage caused by, and flowing from, the commission of
the crime of which the accused is convicted
 Payment by the insurance company is not made on behalf of the
accused, but was made pursuant to its contract with the owner of the
car; hence, the offender is not relieved of his obligation to repair the
damage caused
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
107. Indemnification
 Indemnification for consequential damages shall include not only
those caused the injured party, but also those suffered by his family
or by a third person by reason of the crime
 Indemnity is ordinarily the remedy granted to the victims of crimes
against persons
 Indemnity for medical services still unpaid may be recovered
 Contributory negligence on the part of the offended party reduces the
civil liability of the offender
 Civil liability may be increased only if it will not require an aggravation
of the decision in the criminal case on which it is based
 Civil indemnity for crimes qualified by circumstances where the death
penalty may be imposed is P75 000
 The award of P50 000, as indemnity ex-delicto is mandatory upon the
finding of the fact of rape
 Civil indemnity for rape with homicide is P100 000
 Damages recoverable for rape with homicide:
a. Civil indemnity—P 100 000
b. Moral damages—P75 000
c. Temperate damages—P25 000
d. Exemplary damages—P100 000
 The amount of damages for death caused by a crime is increased from
time to time by the SC
o Art. 2206 of the Civil Code provides that ―the amount of damages for
death caused by a crime or quasi-delict shall be at least P3 000 even
though there may have been mitigating circumstances‖
 Indemnity for Lost Earnings
Net earning capacity = Life expectancy x (Gross annual income –
living expenses)
o Life expectancy—based on the American Expectancy Table of
Mortality and is computed using the formula: 2/3 x (80 – age of the
deceased at the time of death)
o Living expenses—in the absence of proof, it is estimated to be 50% of
the gross annual income
 Documentary Evidence should be presented to substantiate a claim for
loss of earning capacity, except if there is a testimony that the victim was
either:
Page 48 of 50
 a. Self-employed, earning less than the minimum wage under current
labor laws, and judicial notice is taken of the fact that in the victim’s
line of work, no documentary evidence is available
b. Employed as a daily-wage worker earning less than the minimum wage
under current labor laws
 To be compensated for loss of earning capacity, it is not necessary that
the victim, at the time of the injury or death, is gainfully employed.
Compensation of this nature is awarded not for loss of earning but for
loss of capacity to earn money
 Temperate damages may be awarded if income of victim is not
sufficiently proven
o Art. 2224 of the Civil Code—temperate or moderate damages, which
are more than nominal but less than compensatory damages, may be
recovered when the court finds that some pecuniary loss was suffered
but its amount cannot be proved with certainty
 Exemplary damages:
o Cannot be recovered as a matter of right
o The court will decide whether or not they should be adjudicated
o The plaintiff must show that he is entitled to moral, temperate or
compensatory damages before the court may award exemplary
damages
 Recover of attorney’s fees are allowed in cases when the defendant’s act
or omission has compelled the plaintiff to litigate with third persons or
to incur expenses to protect his interest and in any other case where the
court deems it just and equitable that attorney’s fees and expenses of
litigation should be recovered (Art. 2208 of the Civil Code)
108. The obligation to make restoration or reparation for damages and
indemnification for consequential damages devolves upon the heirs of
the person liable
 The heirs of the person liable has no obligation if restoration is not
possible and the deceased left no property
 The civil liability of the heirs is possible only when the offender dies
after final judgment
 The action to demand restoration, reparation, and indemnification
likewise descends to the heirs of the person injured
Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011)
109. Share of each person civilly liable
 If there are two or more persons civilly liable for a felony, the courts
shall determine the amount for which each must respond
110. Several and subsidiary liability of principals, accomplices and
accessories of a felony—Preference in payment—
 Notwithstanding the provisions of the next preceding article, the
principals, accomplices, and accessories, each within their respective
class, shall be liable severally (in solidum) among themselves for
their quotas, and subsidiaries for those of the other persons liable
 The subsidiary liability shall be enforced, first against the property of
the principals; next, against that of the accomplices, and, lastly,
against that of the accessories
 Whenever the liability in solidum or the subsidiary liability has been
enforced, the person by whom payment has been made shall have a
right of action against the others for the amount of their respective
shares
111. Obligation to make restitution in certain cases
 Any person who has participated gratuitously in the proceeds of a
felony shall be bound to make restitution in an amount equivalent to
the extent of such participation
 The person who participated gratuitously, and should not be an
accessory, in the proceeds of a felony referred to in this article is not
criminally liable
 The fortune of the innocent person must be augmented by his
participation in the proceeds of the crime
Extinction and Survival of Civil Liability
112. Civil liability established in Arts. 100,
101, 102, and 103 of this Code shall be extinguished in the same manner
as obligations, in accordance with the provisions of the Civil Law
 Civil liability is extinguished:
1. By payment or performance
2. By the loss of the thing due
3. By the condonation or remission of the debt
4. By the confusion or merger of the rights of creditor and debtor
Page 49 of 50
 5. By compensation
6. By novation—subsequent agreement between the accused and the
offended party
7. Other causes—annulment, rescission, fulfillment of a resolutory
condition, and prescription (Art. 1231 of Civil Code)
 Civil liability may arise from:
1. Crime—governed by the RPC
2. Breach of contract—culpa contractual
3. Tortuous act—culpa aquiliana

113. Obligation to satisfy civil liability

 Except in case of extinction of his civil liability as provided in the next
preceding article the offender shall continue to be obliged to satisfy
the civil liability resulting from the crime committed by him,
notwithstanding the fact that he has served his sentence consisting
of deprivation of liberty or other rights, or has not been required to
serve the same by reason of amnesty, pardon, commutation of
sentence or any other reason
 While amnesty wipes out all traces and vestiges of the crime, it does not
extinguish the civil liability of the offender
 A pardon shall in no case exempt the culprit from the payment of the
civil indemnity imposed upon him by the sentence [Art. 36(2) RPC]
 Probation only affects the criminal aspect of the case

Ro-An Salanga (I-A) Crim 1 Notes (AY 2010-2011) Page 50 of 50