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CRIMINAL LAW

THE REVISED PENAL CODE

Criminal Law – that branch or division of law which defines Characteristics of criminal law:
crimes, treats of their nature, and provides for their punishment
1. General – criminal law is binding on all persons who
Crime – an act committed or omitted in violation of a public law live or sojourn in Philippine territory
forbidding or commanding it
 No foreigner enjoys in this country extra-territorial right to
Sources of Philippine Criminal Law be exempted from its laws and jurisdiction, with the
exception of heads of states and diplomatic
1. The Revised Penal Code and its amendments; representatives who, by virtue of the customary law of
2. Special Penal Laws passed by the Philippine nations, are not subject to the Philippine territorial
Commission, Philippine Assembly, Philippine jurisdiction. (People v. Galacgac)
Legislature, National Assembly, the Congress of the
Philippines, and the Batasang Pambansa;
 The jurisdiction of the civil tribunals is unaffected by the
3. Penal Presidential Decrees issued during Martial Law.
military or other special character of the person brought
before them for trial, unless controlled by express
Common law crimes – the body of principles, usages and rules
legislation to the country. (U.S. v. Sweet, 1 Phil. 18)
of action, which do not rest for their authority upon any express
and positive declaration of the will of the legislature; these are
 The civil courts have concurrent jurisdiction with the
recognized in the US and England
military courts or general courts-martial over soldiers of
the Armed Forces of the Philippines. Even in times of war,
 Common law crimes are not recognized in the Philippines.
the civil courts have concurrent jurisdiction with the military
Unless there be a particular provision in the penal code or
courts of general courts-martial over soldiers of the
special penal law that defines and punishes the act, even
Philippine Army, provided that in the place of the
if it be socially or morally wrong, no criminal liability is
commission of the crime no hostilities are in progress and
incurred by its commission. (U.S. v. Taylor, 28 Phil. 599,
civil courts are functioning. (Valdez v. Lucero, 76 Phil.
604)
356)
Limitations on the power of the lawmaking body to enact penal
legislation:  A court-martial is a court, and the prosecution of an
accused before it is a criminal, not an administrative case,
1. No ex post facto law or bill of attainder shall be and therefore it would be, under certain conditions, a bar
enacted; to another prosecution of the accused for the same
2. No person shall be held to answer for a criminal offense, because the latter would place the accused in
offense without due process of law. double jeopardy. (Marcos and Concordia v. Chief of Staff,
AFP, 89 Phil. 246)
Ex post facto law is one which:
 Offenders accused of war crimes are subject to the
1. Makes criminal an act done before the passage of the jurisdiction of the military commission. (Cantos v. Styer, 76
law and which was innocent when done, and Phil. 748)
punishes such an act;
2. Aggravates a crime, or makes it greater than it was,  It is well-settled that a consul is not entitled to the
when committed; privileges and immunities of an ambassador or minister,
3. Changes the punishment and inflicts a greater but is subject to the laws and regulations of the country to
punishment than the law annexed to the crime when which he is accredited. (Schneckenburger v. Moran, 63
committed; Phil. 250) [Kailangan pag treaty]
4. Alters the legal rules of evidence, and authorizes
conviction upon less or different testimony than the 2. Territorial – criminal laws undertake to punish crimes
law required at the time of the commission of the committed within Philippine territory
offense;
5. Assumes to regulate civil rights and remedies only, in Principle of territoriality – penal laws of the Philippines are
effect imposes penalty or deprivation of a right for enforceable only within its territory
something which when done was lawful; and
6. Deprives a person accused of a crime some lawful 3. Prospective – a penal law cannot make an act
protection to which he has become entitled, such as punishable in a manner in which it was not punishable
the protection of a former conviction or acquittal, or a when committed
proclamation of amnesty.
 Whenever a new statute dealing with a crime establishes
Bill of attainder – a legislative act which inflicts punishment conditions more lenient or favourable to the accused, it
without trial can be given a retroactive effect. The following is the
exceptions to this exception:
o Where the new law is expressly made AN ACT REVISING THE PENAL CODE AND OTHER PENAL
inapplicable to pending actions or existing causes LAWS
of action. (Tavera v. Valdez, 1 Phil. 463)
o Where the offender is a habitual criminal under Preliminary Article - This law shall be known as "The Revised
Rule 5, Article 62, Revised Penal Code. Penal Code."

 The court loses jurisdiction where the repealing law wholly BOOK ONE
fails to penalize the act defined and penalized as an GENERAL PROVISIONS REGARDING THE DATE OF
ENFORCEMENT AND APPLICATION OF THE PROVISIONS
offense in the old law. The accused, charged with OF THIS CODE, AND REGARDING THE OFFENSES, THE
violations of the old law prior to the repeal, cannot be PERSONS LIABLE AND THE PENALTIES
legally prosecuted after such repeal. (People v. Sindiong
and Pastor, 77 Phil. 1000) Preliminary Title

 Penal laws are strictly construed against the Government DATE OF EFFECTIVENESS AND APPLICATION OF THE
and liberally in favour of the accused. (U.S. v. Abad PROVISIONS OF THIS CODE
Santos, 36 Phil. 243)
Article 1. Time when Act takes effect. - This Code shall
 In the construction or interpretation of the provisions of the take effect on the first day of January, nineteen hundred
RPC, the Spanish text is controlling, because it was and thirty-two.
approved by the Philippine Legislature in its Spanish text.
(People v. Manaba, 58 Phil. 665) Theories in criminal law:

 No person should be brought within the terms of criminal 1. The classical theory – the basis of criminal liability is
statutes who is not clearly within them, nor should any act free will and the purpose of penalty is retribution
be pronounced criminal which is not clearly made so by 2. The positivist theory – crime is essentially a social
and natural phenomenon
the statute. (U.S. v. Abad Santos, 36 Phil. 243)
3. Eclectic Theory – based on the combination of
classical and Positivist theory

Article 2. Application of its provisions. - Except as


provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced
not only within the Philippine Archipelago, including its
atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction, against those who:

1. Should commit an offense while on a Philippine


ship or airship;

 Any person who committed a crime on board a Philippine


ship or airship while the same is outside of the Philippine
territory can be tried before Philippine civil courts for
violation of the Penal Code.

 When the Philippine vessel or aircraft is in the territory of a


foreign country, the crime committed on said vessel or
aircraft is subject to the laws of that foreign country.

 It is the registration of the vessel or aircraft in accordance


with the laws of the Philippines, not the citizenship of its
owner, which makes it a Philippine ship or airship.

2. Should forge or counterfeit any coin or


currency note of the Philippine Islands or
obligations and securities issued by the
Government of the Philippine Islands;

3. Should be liable for acts connected with the


introduction into these islands of the obligations
and securities mentioned in the preceding
number;

4. While being public officers or employees,


should commit an offense in the exercise of their
functions; or

5. Should commit any of the crimes against


national security and the law of nations, defined
in Title One of Book Two of this Code.
 The crimes committed outside of the Philippines but
punishable therein under Article 2 of the Revised Penal
Code shall be cognizable by the Regional Trial Court in
which the charge is first filed.

 Just as our merchant ship is an extension of our territory, Title One


foreign merchant ship is considered an extension of the
territory of the country to which it belongs. For this reason, FELONIES AND CIRCUMSTANCES WHICH
an offense committed on the high seas on board of a
foreign merchant vessel is not triable by our courts. (U.S.
AFFECT CRIMINAL LIABILITY
v. Fowler, 1 Phil. 614)
Chapter One
Two rules as to jurisdiction over crimes committed aboard FELONIES
merchant vessels while in the territorial waters of another
country: Article 3. Definitions. - Acts and omissions punishable by
law (RPC) are felonies (delitos).
1. French Rule – such crimes are not triable in the
courts of that country, unless their commission affects Felonies are committed not only be means of deceit (dolo)
the peace and security of the territory or the safety of but also by means of fault (culpa).
the state is endangered;
2. English Rule – such crimes are triable in that country,
unless they merely affect things within the vessel or There is deceit when the act is performed with deliberate
they refer to the internal management thereof. intent and there is fault when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill.
 Warships are always reputed to be territory of the country
to which they belong and cannot be subjected to the laws Elements of felonies:
of another state. A United States Army transport is
considered a warship. (U.S. v. Fowler, 1 Phil. 614) 1. That there must be an act or omission;
2. That the act or omission must be punishable by the
Revised Penal Code;
3. That the act is performed or the omission incurred by
means of dolo or culpa.

Act – any bodily movement tending to produce some effect in


the external, it being unnecessary that the same be actually
produced, as the possibility of its production is sufficient
(People v. Gonzales, G.R. No. 80762)

Omission – inaction, the failure to perform a positive duty


which one is bound to do

 It will be noted that in felonies by omission, there is a law


requiring a certain act to be performed and the person
required to do the act fails to perform it.

 Mere passive presence at the scene of another’s crime,


mere silence and failure to give alarm, without evidence of
agreement or conspiracy, is not punishable. (People v.
Silvestre and Atienza, 56 Phil. 353)

 Acts executed negligently are voluntary, although done


without malice or criminal design. (People v. Lopez, 44
O.G. 584)

Requisites of dolo or malice:

1. He must have freedom while doing an act or omitting


to do an act;
2. He must have intelligence while doing the act or
omitting to do an act;
3. He must have intent while doing the act or omitting to
do the act.

 Intent is a mental state, the existence of which is shown by


the overt acts of a person. (Soriano v. People, 88 Phil.
368)

 Criminal intent and the will to commit a crime are always


presumed to exist on the part of the person who executes
an act which the law punishes, unless the contrary shall
appear. (U.S. v. Apostol, 14 Phil. 92, 93)
 It is true that a presumption of criminal intent may arise impelled its commission is very relevant. (People v.
from proof of the commission of a criminal act; and the Murray, 105 Phil. 591)
general rule is that if it is proved that the accused
committed the criminal act charged, it will be presumed When motive is relevant:
that the act was done with criminal intention and that is for
the accused to rebut this presumption. But it must be
borne in mid that the act from which such presumption 1. Where the identity of the a person accused of having
springs must be a criminal act. committed a crime is in dispute;
2. There is doubt as to the identity of the assailant;
3. Were the identification of the accused proceeds from
Mistake of fact – a misapprehension of fact on the part of the an unreliable source and the testimony is inconclusive
person who caused injury to another and not free from doubt;
4. Where there are no eyewitnesses to the crime, and
Requisites of mistake of fact as a defense: where suspicion is likely to fall upon a number of
persons;
1. That the act done would have been lawful had the 5. If the evidence is merely circumstantial.
facts been as the accused believed them to be;
2. That the intention of the accused in performing the act  Generally, the motive is established by the testimony of
should be lawful; and witnesses on the acts or statements of the accused before
3. That the mistake must be without fault or or immediately after the commission of the offense. such
carelessness on the part of the accused. deeds or words may indicate the motive. (Barrioquinto v.
Fernandez, 82 Phil. 642)
Requisites of fault or culpa:  The existence of a motive, though perhaps an important
consideration, is not sufficient proof of guilt if there is no
1. He must have freedom while doing an act or omitting reliable evidence from which it may be reasonably
to do an act; deduced that the accused was the malefactor. (People v.
2. He must have intelligence while doing the act or Marcos, 70 Phil. 468)
omitting to the act;
3. He is imprudent, negligent or lacks foresight or skill Article 4. Criminal liability. - Criminal liability shall be
while doing the act or omitting to do the act. incurred:

 Intent to commit the crime and intent to perpetrate the act


must be distinguished. A person may not have consciously 1. By any person committing a felony (delito)
intended to commit a crime, but he did intend to commit an although the wrongful act done be different from
act, and that act is, by the very nature of things, the crime that which he intended. Rationale: He who is the
itself. (U.S. v. Go Chico, 14 Phil. 128) cause of the cause is the cause of the evil caused.

 The rule is that in acts mala in se, there must be a criminal  One is not relieved from criminal liability for the natural
intent; but in those mala prohibita, it is sufficient if the consequences of one’s illegal acts, merely because one
prohibited act was intentionally done. does not intend to produce such consequences. (U.S. v.
Brobst, 14 Phil. 310)
 If the offense is malum prohibitum punished by special
law, good faith and absence of criminal intent are not valid Requisites:
defenses. (People v. Orquijo, 60 O.G. 836)
1. That an intentional felony has been committed; and
Distinctions between mala in se and mala prohibita: 2. That the wrong done to the aggrieved party be the
direct, natural and logical consequence of the felony
1. Crimes mala in se are those so serious in their effects committed by the offender.
on society as to call for almost unanimous
condemnation of its members; while crimes mala 2. By any person performing an act which would
prohibita are violations of mere rules of convenience be an offense against persons or property, were it
designed to secure a more orderly regulation of the not for the inherent impossibility of its
affairs of society. accomplishment or an account of the employment
2. In mala in se, the intent governs; but in those mala of inadequate or ineffectual means. (Impossible
prohibita, the only inquiry is, has the law been Crimes)
violated?
3. The term mala in se refers generally to felonies
Requisites:
defined and penalized by the Revised Penal Code;
while the term mala prohibita refers generally to acts
made criminal by special laws. 1. That the act performed would be an offense against
persons or property;
2. That the act was done with evil intent;
Motive – the moving power which impels one to action for a
3. That its accomplishment is inherently impossible, or
definite result
that the means employed is either inadequate or
ineffectual;
Intent – the purpose to use a particular means to effect such 4. That the act performed should not constitute a
result violation of another provision of the Revised Penal
Code.
 Motive is not an essential element of a crime, and, hence,
need not be proved for purposes of conviction. (People v.  If the act performed would be an offense other than a
Aposaga, G.R. No. L-32477) felony against persons or against property, there is no
impossible crime.
 Where the identity of a person accused of having
committed a crime is in dispute, the motive that may have
Article 5. Duty of the court in connection with acts which which should result in the consummated crime; while
should be repressed but which are not covered by the law, in attempted felony, there is such intervention and the
and in cases of excessive penalties. - Whenever a court offender does not arrive at the point of performing all
has knowledge of any act which it may deem proper to of the acts which should produce the crime.
repress and which is not punishable by law, it shall render
the proper decision, and shall report to the Chief Attempted or frustrated felony distinguished from impossible
Executive, through the Department of Justice, the reasons crime:
which induce the court to believe that said act should be
made the subject of legislation.
1. While in impossible crime, the evil intent of the
offender cannot be accomplished, in attempted or
In the same way, the court shall submit to the Chief frustrated felony, the evil intent of the offender is
Executive, through the Department of Justice, such possible of accomplishment.
statement as may be deemed proper, without suspending 2. In impossible crime, the evil intent of the offender
the execution of the sentence, when a strict enforcement cannot be accomplished because it is inherently
of the provisions of this Code would result in the impossible of accomplishment or because the means
imposition of a clearly excessive penalty, taking into employed by the offender is inadequate or ineffectual;
consideration the degree of malice and the injury caused in attempted or frustrated felony, what prevented its
by the offense. accomplishment is the intervention of certain cause or
accident in which the offender had no part.
 The second paragraph of Article 5 of the RPC has no 3. In impossible crime, the offender has already
application to the offense defined and penalized by a performed all acts of execution; while in attempted
special law. (People v. Salazar, 102 Phil. 1184) felony, the offender has not performed all acts of
execution which would produce the felony as a
Article 6. Consummated, frustrated, and attempted consequence.
felonies. - Consummated felonies as well as those which 4. In impossible crime, the acts performed by the
are frustrated and attempted, are punishable. offender are considered as constituting a
consummated offense; while in frustrated felony, the
offense has not been consummated.
A felony is consummated when all the elements necessary
for its execution and accomplishment are present; and it  The Supreme Court has held that under Article 308 of the
is frustrated when the offender performs all the acts of RPC, theft cannot have a frustrated stage. Theft can only
execution which would produce the felony as a be attempted or consummated. (Valenzuela v. People,
consequence but which, nevertheless, do not produce it G.R. No. 160188)
by reason of causes independent of the will of the
perpetrator.
Manner of committing the crime:
There is an attempt when the offender commences the
commission of a felony directly or over acts, and does not 1. Formal crimes – consummated in one instant, no
perform all the acts of execution which should produce attempt (e.g., slander, false testimony)
the felony by reason of some cause or accident other than 2. Crimes consummated by mere attempt or proposal or
his own spontaneous desistance. by overt act (e.g., flight to enemy’s country, corruption
of minors)
3. Felony by omission – no attempt
Overt act – some physical activity or deed, indicating the 4. Crimes requiring the intervention of two persons to
intention to commit a particular crime, more than a mere commit them are consummated by mere agreement
planning or preparation, which if carried to its complete (e.g., betting in sport contests, corruption of public
termination following its natural course, without being frustrated officer)
by external obstacles nor by the voluntary desistance of the 5. Material crimes – there are three stages of execution
perpetrator, will logically and necessarily ripen into a concrete
offense  There is no attempted or frustrated impossible crime.

Indeterminate offense – one where the purpose of the offender Article 7. When light felonies are punishable. - Light
in performing an act is not certain felonies are punishable only when they have been
consummated, with the exception of those committed
Subjective phase – that portion of the acts constituting the against person or property.
crime, starting from the point where the offender begins the
commission of the crime to that point where he has still control Light felonies punished by the Revised Penal Code:
over his acts, including their (acts’) natural course
1. Slight physical injuries (Art. 266);
Frustrated felony distinguished from attempted felony: 2. Theft (Art. 309, pars. 7 and 8);
3. Alteration of boundary marks (Art. 313);
1. While in frustrated felony, the offender has performed 4. Malicious mischief (Art. 328, par. 3; Art. 329, par. 3);
all the acts of execution which would produce the 5. Intriguing against honor (Art. 364).
felony as a consequence, in attempted felony, the
offender merely commences the commission of a Article 8. Conspiracy and proposal to commit felony. -
felony directly by overt acts and does not perform all Conspiracy and proposal to commit felony are punishable
the acts of execution. only in the cases in which the law specially provides a
2. In frustrated felony, the offender has reached the penalty therefor.
objective phase; in attempted felony, the offender has
not passed the subjective phase.
3. In frustrated felony, there is no intervention of a A conspiracy exists when two or more persons come to an
foreign or extraneous cause or agency between the agreement concerning the commission of a felony and
beginning of the consummation of the crime and the decide to commit it.
moment when all of the acts have been performed
There is proposal when the person who has decided to Light felonies are those infractions of law for the
commit a felony proposes its execution to some other commission of which a penalty of arresto menor or a fine
person or persons. not exceeding 200 pesos or both; is provided.

GENERAL RULE: Conspiracy and proposal to commit felony Article 10. Offenses not subject to the provisions of this
are not punishable. Code. - Offenses which are or in the future may be
punishable under special laws are not subject to the
EXCEPTION: They are punishable only in the cases in which provisions of this Code. This Code shall be supplementary
the law specially provides a penalty therefor. (e.g., treason, to such laws, unless the latter should specially provide the
rebellion, sedition) contrary.

 When the conspiracy relates to a crime actually Chapter Two


committed, it is not a felony but only a manner or incurring JUSTIFYING CIRCUMSTANCES AND
criminal liability, that is, when there is conspiracy, the act CIRCUMSTANCES WHICH EXEMPT FROM
of one is the act of all. CRIMINAL LIABILITY
 When conspiracy is only a manner of incurring criminal
liability, it is not punishable as a separate offense. Circumstances affecting criminal liability:

 When the defendants by their acts aimed at the same 1. Justifying circumstances; - those where the act of a
object, one performing one part and the other performing person is said to be in accordance with law, so that
another part so as to complete it, with a view to the such person is deemed not to have transgressed the
attainment of the same object, and their acts, though law and is free from both criminal and civil liability
apparently independent, were in fact concerted and 2. Exempting circumstances, and other absolutory
cooperative, indicating closeness of personal association, causes;
concerted action and concurrence of sentiments, the court 3. Mitigating circumstances;
will be justified in concluding that said defendants were 4. Aggravating circumstances;
engaged in a conspiracy. (People v. Geronimo, G.R. No. 5. Alternative circumstances.
L-35700)
Imputability – the quality by which an act may be ascribed to a
Requisites of conspiracy (as a crime): person as its author or owner

1. That two or more persons came to an agreement; Responsibility – the obligation of suffering the consequences of
2. That the agreement concerned the commission of a crime
felony; and
3. That the execution of the felony be decided upon. Imputability distinguished from responsibility:
 Direct proof is not essential to establish conspiracy, and
may be inferred from the collective acts of the accused While imputability implies that a deed may be imputed
before, during and after the commission of the crime. to a person, responsibility implies that the person must take tje
Conspiracy can be presumed from and proven by acts of consequence of such a deed. (Albert)
the accused themselves when the said acts point to a joint
purpose and design, concerted action and community of Guilt – an element of responsibility, for a man cannot be made
interests. It is not necessary to show that all the to answer for the consequence of a crime unless he is guilty
conspirators actually hit and killed the victim. (People v.
Buntag, G.R. No. 123070) Article 11. Justifying circumstances. - The following do
not incur any criminal liability:
 Similar to the physical act constituting the crime itself, the
elements of conspiracy must be proven beyond
reasonable doubt. (People v. Samudio, 353 SCRA 746) 1. Anyone who acts in defense of his person or
rights, provided that the following circumstances
concur:
Requisites of proposal:
First. Unlawful aggression.
1. That a person has decided to commit a felony; and
2. That he proposes its execution to some other person
or persons. Second. Reasonable necessity of the
means employed to prevent or repel it.
 One who offers money to a public officer to induce him not
to perform his duties, but the offer is rejected by the public Third. Lack of sufficient provocation on
officer, is liable for attempted bribery. (U.S. v. Gloria, 4 the part of the person defending himself.
Phil. 341) [the proposal in this case is an overt act of the
crime of corruption of public officer]
 Mere belief of an impending attack is not sufficient. Neither
is an intimidating or threatening attitude. Even a mere
Article 9. Grave felonies, less grave felonies and light push or shove not followed by other acts placing in real
felonies. - Grave felonies are those to which the law peril the life or personal safety of the accused is not
attaches the capital punishment or penalties which in any unlawful aggression. (People v. Bautista, 254 SCRA 621)
of their periods are afflictive, in accordance with Art. 25 of
this Code.  To constitute unlawful aggression, it is necessary that an
attack or material aggression, an offensive act positively
Less grave felonies are those which the law punishes with determining the intent of the aggressor to cause an injury
penalties which in their maximum period are correctional, shall have been made. (People v. Macaso, 64 SCRA 659)
in accordance with the above-mentioned Article.
Distinction between retaliation and self-defense:  Flight after the commission of the crime is highly
evidentiary of guilt, and incompatible with self-defense.
In retaliation, the aggression that was begun by the (People v. Maranan, G.R. No. L-47228-32)
injured party already ceased to exist when the accused
attacked him. In self-defense, the aggression still existed when 2. Anyone who acts in defense of the person or
the aggressor was injured or disabled by the person making a rights of his spouse, ascendants, descendants, or
defense. legitimate, natural or adopted brothers or sisters,
or his relatives by affinity in the same degrees
 When unlawful aggression ceases, the defender no longer and those consanguinity within the fourth civil
has the right to kill or even wound the former aggressor. degree, provided that the first and second
Retaliation is not a justifying circumstance. requisites prescribed in the next preceding
circumstance are present, and the further
requisite, in case the revocation was given by the
 In order to justify homicide on the ground of self-defense,
it is essential that the killing of the deceased by the person attacked, that the one making defense had
no part therein.
defendant be simultaneous with the attack made by the
deceased, or at least both acts succeeded each other
without appreciable interval of time. (U.S. v. Ferrer, 1 Phil. 3. Anyone who acts in defense of the person or
56) rights of a stranger, provided that the first and
second requisites mentioned in the first
 Where the fight is agreed upon, each of the protagonist is circumstance of this Article are present and that
at once assailant and assaulted, and neither can invoke the person defending be not induced by revenge,
the right of self-defense, because aggression which is an resentment, or other evil motive.
incident in the fight is bound to arise from one or the other
combatants. (People v. Quinto, 55 Phil. 116) 4. Any person who, in order to avoid an evil or
injury, does an act which causes damage to
 Defense of property can be invoked as a justifying another, provided that the following requisites are
circumstance only when it is coupled with an attack on the present; (there is civil liability under this paragraph
person of one entrusted with said property. (People v. borne by the persons benefited)
Apolonar, 38 O.G. 2870)
First. That the evil sought to be avoided
 The person attacked is not duty-bound to expose himself actually exists;
to be wounded or killed, and while the danger to his
person or life subsists, he has a perfect and indisputable Second. That the injury feared be greater
right to repel such danger by wounding his adversary and, than that done to avoid it;
if necessary, to disable him completely so that he may not
continue the assault. (U.S. v. Molina, 19 Phil. 227)
Third. That there be no other practical
and less harmful means of preventing it.
Test of reasonableness of the means used:
5. Any person who acts in the fulfillment of a duty
1. The nature and quality of the weapons; or in the lawful exercise of a right or office.
2. Physical condition, character and size;
3. Other circumstances;
4. The place and occasion of the assault. Requisites:

 The requisite of reasonable necessity of the means 1. That the accused acted in the performance of a duty
employed to prevent or repel the unlawful aggression or in the lawful exercise of a right or office;
should in these times of danger be interpreted liberally in 2. That the injury caused or the offense committed be
favor of the law-abiding citizens. (People v. So, 5 CAR [2s] the necessary consequence of the due performance
671) of duty or the lawful exercise of such right or office.

 The exercise of a right cannot give rise to sufficient 6. Any person who acts in obedience to an order
provocation. issued by a superior for some lawful purpose.

 The provocation must be sufficient, which means that it


Requisites:
should be proportionate to the act of aggression and
adequate to stir the aggressor to its commission. (People
v. Alconga, 78 Phil. 366) 1. That an order has been issued by a superior;
2. That such order must be for some lawful purpose;
3. That the means used by the subordinate to carry out
Battered woman syndrome – a form of self defense or, at the
said order is lawful.
least, incomplete self-defense
 Both the person who gives the order and the person who
 In order to be classified as a battered woman, the couple executes it, must be acting within the limitations
must go through the battering cycle at least twice. prescribed by law. (People v. Wilson and Dolores, 52 Phil.
919)
Phases of the cycle of violence characterizing the battered
woman syndrome:  When the accused acted upon orders of superior officers,
which he, as military subordinate, could not question, and
obeyed the orders in good faith, without being aware of
1. The tension-building phase;
their illegality, without any fault or negligence on his part,
2. The acute battering incident; and
he is not liable because he had no criminal intent and he
3. The tranquil, loving (or, at least, nonviolent) phase.
was not negligent. (People v. Beronilla, 96 Phil. 566)
 The circumstances mentioned in Article 11 are matters of 2. A person under nine years of age.
defense and it is incumbent upon the accused, in order to
avoid criminal liability, to prove the justifying circumstance 3. A person over nine years of age and under
claimed by him to the satisfaction of the court. fifteen, unless he has acted with discernment, in
which case, such minor shall be proceeded
 Well-entrenched is the rule that where the accused against in accordance with the provisions of Art.
invokes self-defense, it is incumbent upon him to prove by 80 of this Code. (Impliedly repealed by RA No. 9344)
clear and convincing evidence that he indeed acted in
defense of himself. He must rely on the strength of his
own evidence and not in the weakness of the prosecution. Section 6. Minimum Age of Criminal Responsibility. – A child
For, even if the prosecution evidence is weak, it could not fifteen (15) years of age or under at the time of the commission
be disbelieved after the accused himself had admitted the of the offense shall be exempt from criminal liability. However,
killing. (People v. Sazon, G.R. No. 89684) the child shall be subject to an intervention program pursuant
to Section 20 of this Act.

Unlawful aggression – refers to an attack that has actually


broken out or materialized or at the very least is clearly A child above fifteen (15) years but below eighteen (18) years
imminent; it cannot consist in oral threats or a merely of age shall likewise be exempt from criminal liability and be
threatening stance or posture subjected to an intervention program, unless he/she has acted
with discernment, in which case, such child shall be subject to
the appropriate proceedings in accordance with this Act.
Exempting circumstances (non-imputability) – those grounds
for exemption from punishment because there is wanting in the
agent of the crime any of the conditions which make the act The exemption from criminal liability herein established does
voluntary or nigligent not include exemption from civil liability, which shall be
enforced in accordance with existing laws.

Article 12. Circumstances which exempt from criminal


liability. - the following are exempt from criminal liability: Child in conflict with the law – a person who at the time of the
commission of the offense is below eighteen (18) years old but
not less than fifteen (15) years and one (1) day old
1. An imbecile or an insane person, unless the
latter has acted during a lucid interval.
Discernment – the capacity of the child at the time of the
commission of the offense to understand the differences
When the imbecile or an insane person has between right and wrong and the consequences of the
committed an act which the law defines as a wrongful act
felony (delito), the court shall order his
confinement in one of the hospitals or asylums
established for persons thus afflicted, which he When such minor is adjudged to be criminally
shall not be permitted to leave without first irresponsible, the court, in conformably with the
obtaining the permission of the same court. 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
 An imbecile within the meaning of Article 12 is one who is and education otherwise, he shall be committed
deprived completely of reason or discernment and to the care of some institution or person
freedom of the will at the time of committing the crime. mentioned in said Art. 80.
(People v. Ambal, 100 SCRA 325)
4. Any person who, while performing a lawful act
 Insanity exists when there is complete deprivation of
with due care, causes an injury by mere accident
intelligence in committing the act, that is, the accused is
without fault or intention of causing it.
deprived of reason, he acts without the least discernment,
because there is a complete absence of the power to
discern, or that there is a total deprivation of freedom of Accident – something that happens outside the sway of our
the will. (People v. Puno, G.R. No. L-33211) will, and although it comes about through some act of our will,
lies beyond the bounds of humanly foreseeable consequences
 Sanity being the normal condition of the human mind, the
prosecution may proceed upon the presumption that the 5. Any person who act under the compulsion of
accused was sane and responsible when the act was irresistible force.
committed. The presumption is always in favor of sanity
and the burden of proof of insanity is on the defense. Elements:
(People v. Aquino, G.R. No. 87084)
1. That the compulsion is by means of physical force;
 Circumstantial evidence, if clear and convincing, will
2. That the physical force must be irresistible;
suffice to prove insanity. (People v. Bonoan, 64 Phil. 93)
3. That the physical force must come from a third
person.
 The evidence of insanity must refer to the time preceding
the act under prosecution or to the very moment of its  The pretension of an accused that he was threatened with
execution. If the evidence points to insanity subsequent to a gun by his friend, the mastermind, is not credible where
the commission of the crime, the accused cannot be he himself was armed with a rifle. (People v. Sarip, 88
acquitted. He is presumed to be sane when he committed SCRA 666, 673-674)
it. (U.S. v. Guevara, 27 Phil. 547, 550)
 The force must be irresistible to reduce the actor to a mere
 A person who has been adjudged insane, or who has instrument who acts not only without will but against his
been committed to a hospital or to an asylum for the will. The duress, force, fear or intimidation must be
insane, is presumed to continue to be insane. (People v. present, imminent and impending and of such a nature as
Bonoan, 64 Phil. 87) to induce a well-grounded apprehension of death or
serious bodily harm if the act is not done. The threat of
 Dementia praecox is covered by the term insanity. future injury is not enough. The compulsion must be of
such a character as to leave no opportunity to the accused suggests to the accused who adopts the idea and
for escape or self-defense in equal combat. (People v. carries it into execution.
Loreno, 130 SCRA 311, 321-322) 3. Entrapment is no bar to the prosecution and
conviction of the lawbreaker; while when there is
6. Any person who acts under the impulse of an instigation, the accused must be acquitted.
uncontrollable fear of an equal or greater injury.
 Instigation must be made by public officers or private
detectives. If the one who made the instigation is a private
Elements: individual, not performing public function, both he and the
one induced are criminally liable for the crime committed:
1. That the threat which causes the fear is of an evil the former, as principal by induction; and the latter, as
greater that or at least equal to, that which he is principal by direct participation.
required to commit;
2. That it promises an evil of such gravity and Complete defenses in criminal cases:
imminence that the ordinary man would have
succumbed.
1. Any of the essential element of the crime charged is
not proved by the prosecution and the elements prove
Distinction between irresistible force and uncontrollable fear: do not constitute any crime.
2. The act of the accused falls under any of the justifying
In irresistible force, the offender uses violence or circumstances. (Art. 11)
physical force to compel another person to commit a crime, in 3. The case of the accused falls under any of the
uncontrollable fear, the offender employs intimidation or threat exempting circumstances. (Art. 12)
in compelling another to commit a crime. 4. The case is covered by any of the absolutory causes:
a. Spontaneous desistance during attempted
7. Any person who fails to perform an act required stage (Art. 6), and no crime under another
by law, when prevented by some lawful provision of the code or other penal law is
insuperable cause. committed.
b. Light felony is only attempted or frustrated,
and is not against persons or property. (Art.
 Any of the circumstances mentioned in Article 12 is a 7)
matter of defense and the same must be proved by the c. The accessory is a relative of the principal.
defendant to the satisfaction of the court. (Art. 20)
d. Legal grounds for arbitrary detention. (Art.
Distinction between justifying and exempting circumstances: 124)
e. Legal grounds for trespass. (Art. 280)
f. The crime of theft, swindling or malicious
1. A person who acts by virtue of a justifying
mischief is committed against a relative. (Art.
circumstance does not transgress the law, that is, he
332)
does not commit any crime in the eyes of the law,
g. When only slight or less serious physical
because there is nothing unlawful in the act as well as
injuries are inflicted by the person who
in the intention of the actor. The act of such person is
surprised his spouse or daughter in the act
in itself both just and lawful.
of sexual intercourse with another person.
(Art. 247)
In justifying circumstances, there is neither a crime h. Marriage of the offender with the offended
nor a criminal. No civil liability, except par. 4. party when the crime committed is rape,
abduction, seduction, or act of
2. In exempting circumstances, there is a crime but no lasciviousness. (Art. 344)
criminal liability. The act is not justified, but the actor i. Instigation.
is not criminally liable. There is civil liability, except in 5. Guilt of the accused not established beyond
pars. 4 and 7 of Art. 12. reasonable doubt.
6. Prescription of crimes. (Art. 89)
7. Pardon by the offended party before the institution of
Absolutory causes – those where the act committed is a crime
criminal action in crime against chastity. (Art. 344)
but for reasons of public policy and sentiment there is no
penalty imposed (Arts. 6, 7, 20, 19 [1], 124 [last par.], 247 [1 &
2], 280 [3], 332, and 344 [4]) Mitigating circumstances – those which, if present in the
commission of the crime, do not entirely free the actor from
 Instigation is an absolutory cause. (U.S. v. Phelps, 16 Phil. criminal liability, but serve only to reduce the penalty
440)
Classes of mitigating circumstances:
 Entrapment is not an absolutory cause. (People v. Lua
Chua and Uy Se Tieng, 56 Phil. 44) 1. Ordinary mitigating (Art. 13)
2. Privileged mitigating
Entrapment and instigation distinguished:
Distinctions between ordinary mitigating and privileged
1. In entrapment, the entrapper resorts to way and mitigating:
means to trap and capture a lawbreaker while
executing his criminal plan; while in instigation, the 1. Ordinary mitigating is susceptible of being offset by
instigator practically induces the would-be accused any aggravating circumstance; while privileged
into committing the offense, and himself become a co- mitigating cannot be offset by aggravating
principal. circumstance.
2. In entrapment, the means originates from the mind of 2. Ordinary mitigating, if not offset by an aggravating
the criminal, and the idea and the resolve to commit circumstance, produces only the effect of applying the
the crime come from him; while in instigation, the penalty provided by law for the crime in its minimum
enforcer conceives the commission of the crime and
period, in case of divisible penalty; whereas,  Article 13, par. 3, of the Revised Penal Code addresses
privileged mitigating produces the effect of imposing itself to the intention of the offender at the particular
upon the offender the penalty lower by one or two moment when he executes or commits the criminal act;
degrees than that provided by law for the crime. not his intention during the planning stage. (People v.
Boyles, G.R. No. L-15308)
 The mitigating circumstance reduces the penalty provided
by law but does not change the nature of the crime. 4. That sufficient provocation or threat on the part
(People v. Talam, 56 O.G. 3654) of the offended party immediately preceded the
act.
Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL Provocation – any unjust or improper conduct or act of the
LIABILITY offended party, capable of exciting, inciting, or irritating any
one
Article 13. Mitigating circumstances. - The following are
mitigating circumstances; Requisites:

1. Those mentioned in the preceding chapter, 1. That the provocation must be sufficient;
when all the requisites necessary to justify or to 2. That it must originate from the offended party; and
exempt from criminal liability in the respective 3. That the provocation must be immediate to the act,
cases are not attendant. i.e., to the commission of the crime by the person who
is provoked.
 Article 13, par. 1, applies only when unlawful aggression is
present, but the other two requisites are not present. 5. That the act was committed in the immediate
(Guevara) When two of the three requisites mentioned vindication of a grave offense to the one
therein are present, the case must not be considered as committing the felony (delito), his spouse,
one in which an ordinary or generic mitigating ascendants, or relatives by affinity within the
circumstance is present. Instead, it should be considered same degrees.
a privileged mitigating circumstance referred in Article 69
of this Code. Requisites:

 Since the Supreme Court considered one of the two 1. That there be a grave offense done to the one
requisites as constituting the majority, it seems that there committing the felony, his spouse, ascendants,
is no ordinary mitigating circumstance under Article 13, descendants, legitimate, natural or adopted brothers
par. 1, when the justifying or exempting circumstance has or sisters, or relatives by affinity within the same
two requisites only. degrees;
2. That the felony is committed in vindication of such
2. That the offender is under eighteen year of age grave offense. A lapse of time is allowed between the
or over seventy years. In the case of the minor, he vindication and the doing of the grave offense.
shall be proceeded against in accordance with the
provisions of Art. 80. Provocation distinguished from vindication:

Diversion – refers to an alternative, child appropriate process 1. In the case of provocation, it is made directly only to
of determining the responsibility and treatment of a child in the person committing the felony; in vindication, the
conflict with the law on the basis of his/her social, cultural, grave offense may be committed also against the
economic, psychological, or educational background without offender’s relatives mentioned by the law.
resulting to formal court proceedings 2. In vindication, the offended party must have done a
grave offense to the offender or his relatives
3. That the offender had no intention to commit so mentioned by the law; in provocation, the cause that
grave a wrong as that committed. brought about the provocation need not be grave
offense.
3. In provocation, it is necessary that the provocation or
 This circumstance can be taken into account only when
threat immediately preceded the act, i.e., that there be
the facts proven show that there is a notable and evident
no interval of time between the provocation and the
disproportion between the means employed to execute the
commission of the crime; while in vindication, the
criminal act and its consequences. (U.S. v. Reyes, 36 Phil.
vindication of the grave offense may be proximate,
904, 907)
which admits of an interval of time between the grave
offense done by the offended party and the
Some factors to determine intent: commission of the crime by the accused.

1. Weapon used;  The question whether a certain personal offense is grave


2. Part of the body injured; must be decided by the court, having in mind the social
3. Injury inflicted; standing of the person, the place, and the time when the
4. Manner it is inflicted. insult was made. (People v. Ruiz, 93 SCRA 739)

 The inflicting by the accused of five (5) stab wounds 6. That of having acted upon an impulse so
caused in rapid succession brings forth in bold relief the powerful as naturally to have produced passion or
intention of the accused to snuff out the life of the obfuscation.
deceased, and definitely negates any pretense of lack of
intention to cause so serious an injury. (People v. Brana,
Requisites:
G.R. No. L-29210)

1. That there be an act, both unlawful and sufficient to


produce such a condition of mind; and
2. That said act which produced the obfuscation was not  Voluntary surrender does not simply mean non-flight. As a
far removed from the commission of the crime by a matter of law, it does not matter if the accused never
considerable length of time, during which the avoided arrest and never hid or fled. What the law
perpetrator might recover his normal equanimity. considers as mitigating is the voluntary surrender of an
accused before his arrest, showing either
There is no mitigating circumstance when: acknowledgement of his guilt or an intention to save the
authorities from the trouble and expense that his search
and capture would require. (Quial v. CA, 126 SCRA 28,
1. The act is committed in a spirit of lawlessness; or 30)
2. The act is committed in a spirit of revenge.
 The law does not require that the surrender be prior to the
 The causes which mitigate criminal responsibility for the
issuance of the order of arrest. (People v. Yeda, 68 Phil.
loss of self-control are such which originate from legitimate
740)
feelings, and not those which arise from vicious, unworthy
and immoral passions. (U.S. v. Hicks, 14 Phil. 217)
 The mitigating circumstance of voluntary surrender cannot
 The mitigating circumstance of obfuscation arising from be appreciated in favour of the accused who claims to
jealousy cannot be invoked in favour of the accused have intended to surrender but did not, despite several
whose relationship with the woman (his common-law wife) opportunities to do so, and was in fact arrested.
was illegitimate. (People v. Salazar, 105 Phil. 1058)
 Voluntary surrender cannot be appreciated in favour of an
accused who surrenders only after a warrant of arrest is
Passion or obfuscation distinguished from irresistible force:
issued and he finds it futile to continue being a fugitive
from justice. (People v. Rodriguez, G.R. No. L-41263)
1. While passion or obfuscation is a mitigating
circumstance, irresistible force is an exempting
Requisites of plea of guilty:
circumstance.
2. Passion or obfuscation cannot give rise to an
irresistible force because irresistible force requires 1. That the offender spontaneously confessed his guilt;
physical force. 2. That the confession of guilt was made in open court,
3. Passion or obfuscation is in the offender himself, that is, before the competent court that is to try the
while irresistible force must come from a third person. case; and
4. Passion or obfuscation must arise from lawful 3. That the confession of guilt was made prior to the
sentiments; whereas, the irresistible force is unlawful. presentation of evidence for the prosecution.

Passion or obfuscation distinguished from provocation:  A plea of guilty made after arraignment and after the trial
had begun does not entitle the accused to have such plea
considered as a mitigating circumstance. (People v.
1. Provocation comes from the injured party; passion of Kayanan, 83 SCRA 437)
obfuscation is produced by an impulse which may be
caused by provocation.  If an accused is charged with an offense cognizable by the
2. Provocation must immediately precede the court of first instance, and pleads not guilty before the
commission of the crime; in passion or obfuscation, municipal court at its preliminary investigation, and after
the offense which engenders perturbation of mind the elevation of the case to the court of first instance – the
need not be immediate. It is only required that the court of competent jurisdiction – he pleads guilty upon
influence thereof lasts until the moment the crime is arraignment before this latter court, the plea of not guilty
committed. upon arraignment at the preliminary investigation in the
3. In both, the effect is the loss of reason and self- municipal court is no plea at all. Hence, the accused could
control on the part of the offender. claim his plea of guilty in the court of first instance as
mitigating circumstance pursuant to Article 13(7) of the
7. That the offender had voluntarily surrendered Revised Penal Code. (People v. Oandasan)
himself to a person in authority or his agents, or
that he had voluntarily confessed his guilt before  It is not necessary that all the evidence of the prosecution
the court prior to the presentation of the evidence have been presented. Even if the first witness presented
for the prosecution; by the prosecution had not finished testifying during the
direct examination when the accused withdrew his former
Requisites of voluntary surrender: plea of guilty and substituted it with the plea of guilty, the
plea of guilty is not mitigating. (People v. Lambino, 103
Phil. 504)
1. That the offender had not been actually arrested.
2. That the offender surrendered himself to a person in
authority or to the latter’s agent.  Plea of guilty to a lesser offense is not a mitigating
3. That the surrender was voluntary. circumstance, because to be voluntary, the plea of guilty
must be to the offense charged. (People v. Noble, 77 Phil.
93)
 For voluntary surrender to be appreciated, the same must
be spontaneous in such a manner that it shows the
interest of the accused to surrender unconditionally to the 8. That the offender is deaf and dumb, blind or
authorities, either because he acknowledged his guilt or otherwise suffering some physical defect which
because he wishes to save them the trouble and thus restricts his means of action, defense, or
expenses necessarily incurred in his search and capture. communications with his fellow beings.
(People v. Gervacio, G.R. No. L-21965)
9. Such illness of the offender as would diminish
 Surrender of weapons cannot be equated with voluntary the exercise of the will-power of the offender
surrender. (People v. Verges, 105 SCRA 744, 756) without however depriving him of the
consciousness of his acts.
10. And, finally, any other circumstances of a grave threats shot the complainant in a treacherous
similar nature and analogous to those above manner. (People v. Reyes G.R. No. L-33154)
mentioned.
 Advantage of a public position is present where the
accused their authority as members of the police and
Chapter Four
constabulary to disarm the victim before shooting him.
CIRCUMSTANCE WHICH AGGRAVATE (People v. Asuncion, G.R. No. 83870)
CRIMINAL LIABILITY
 In the case of a Congressman who offered resistance to
Aggravating Circumstances – those which, if attendant in the his captor upon being surprised in a gambling house, this
commission of the crime, serve to increase the penalty without, aggravating circumstance is not present. (People v.
however, exceeding the maximum of the penalty provided by Veloso, 48 Phil. 169, 183) [The Congressman did not take
law for the offense advantage of the influence or reputation of his office.]

Four kinds of aggravating circumstances:  This circumstance, taking advantage of public position,
cannot be taken into consideration in offenses where
taking advantage of official-position is made by law an
1. Generic – those that can generally apply to all crimes integral element of the crime, such as in malversation
2. Specific – those that apply only to particular crimes under Article 217, or in falsification of document committed
3. Qualifying – those that change the nature of the crime by public officers under Article 171. (People v. Teves, 44
4. Inherent – those that must of necessity accompany Phil. 275)
the commission of the crime
 If the accused could have perpetrated the crime even
Qualifying aggravating circumstance distinguished from without occupying his position, there is no abuse of public
generic aggravating circumstance: position. (People v. Villamor, G.R. Nos. 140407-08)

1. The effect of a generic aggravating circumstance, not 2. That the crime be committed in contempt of or
offset by any mitigating circumstance, is to increase with insult to the public authorities.
the penalty which should be imposed upon the
accused to the maximum period, but without
exceeding the limit prescribed by law; while that of a Requisites:
qualifying circumstance is not only to give the crime
its proper and exclusive name but also to place the 1. That the public authority is engaged in the exercise of
author thereof in such a situation as to deserve no his functions.
other penalty than that specially prescribed by law for 2. That he who is engaged in the exercise of said
said crime. functions is not the person against whom the crime is
2. A qualifying aggravating circumstance cannot be committed.
offset by a mitigating circumstance; a generic 3. The offender knows him to be a public authority.
aggravating circumstance may be compensated by a 4. His presence has not prevented the offender from
mitigating circumstance. committing the criminal act.
3. A qualifying aggravating circumstance to be such
must be alleged in the information. If it is not alleged, Public authority – (Person in authority) a public officer who is
it is a generic aggravating circumstance only. directly vested with jurisdiction, that is, a public officer who has
the power to govern and execute laws (councillor, mayor,
 Generic aggravating circumstance, even if not alleged in governor, barangay captain or chairman, etc.)
the information, may be proved during trial over the
objection of the defense and may be appreciated in
imposing the sentence. (People v. Ang, 139 SCRA 115, Agent of a person in authority – any person who, by direct
121) provision of law or by election or by appointment by competent
authority, is charged with the maintenance of public order and
the protection and security of life and property, such as a barrio
 Treachery is merely a generic aggravating circumstance
councilman, barrio policeman and barangay leader, and any
when not alleged in the information. (People v. Estillore,
person who comes to the aid of persons in authority
141 SCRA 456, 461)

 Aggravating circumstance should be proved as fully as the  Paragraph 2 of Article 14 was not applied in a case where
crime itself in order to increase the penalty. (People v. the crime was committed in the presence of the chief of
Barrios, G.R. No. L-34785) police of a town because he is not a public authority, but
an agent of the authorities. (People v. Siojo, 61 Phil. 307)
Article 14. Aggravating circumstances. - The following are
aggravating circumstances: 3. 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 it be
1. That advantage be taken by the offender of his committed in the dwelling of the offended party, if
public position. the latter has not given provocation.

 The public officer must use the influence, prestige, or  Disregard of the respect due the offended party on
ascendancy which his office gives him as the means by account of his rank, age or sex may be taken into account
which he realizes his purpose. The essence of the matter only in crimes against persons or honor, when in the
is presented in the inquiry, “Did the accused abuse his commission of the crime, there is some insult or disrespect
office in order to commit the crime?” (U.S. v. Rodriguez, to rank, age or sex. It is not proper to consider this
19 Phil. 150) aggravating circumstance in crimes against property.
(People v. Pagal, G.R. No. L-32040)
 There is abuse of public position where a police officer in
the course of investigation of a charge against him for
 It is necessary to prove the specific fact or circumstance, of fidelity she owes her husband, she and her paramour
other than that the victim is a woman (or an old man or violated the respect due to the conjugal home and they
one high rank), showing insult or disregard of sex (or age both thereby injured and committed a very grave offense
or rank) in order that it may be considered as aggravating against the head of the house. (U.S. v. Ibanez, 33 Phil.
circumstance. (People v. Valencia, C.A., 43 O.G. 3740) 611)
There must be evidence that in the commission of the
crime, the accused deliberately intended to offend or insult  Although nocturnity and abuse of superior strength are
the sex or age of the offended party. (People v. Mangsant, always included in the qualifying circumstance of
65 Phil. 548, 550-551) treachery, dwelling cannot be included therein. (People v.
Ruzol, 100 Phil. 537)
This aggravating circumstance is not to be considered in the
following cases: 4. That the act be committed with abuse of
confidence or obvious ungratefulness.
1. When the offender acted with passion and
obfuscation. Requisites of abuse of confidence:
2. When there exists a relationship between the
offended party and the offender.
1. That the offended party had trusted the offender;
3. When the condition of being a woman is
2. That the offender abused such trust by committing a
indispensable in the commission of the crime.
crime against the offended party;
3. That the abuse of confidence facilitated the
 That the offended party has not given provocation in his commission of the crime.
house is a fact that must be shown by the evidence of the
prosecution, as it cannot be assumed. It is an essential
element of the aggravating circumstance of dwelling. 5. That the crime be committed in the palace of
(People v. Pakah, 81 Phil. 426, 429) the Chief Executive or in his presence, or where
public authorities are engaged in the discharge of
 For this circumstance to be considered, it is not necessary their duties, or in a place dedicated to religious
that the accused should have actually entered the dwelling worship.
of the victim to commit the offense; it is enough that the
victim was attacked inside his own house, although the Place where public authorities are engaged in the discharge of
assailant may have devised means to perpetrate the their duties (par. 5) distinguished from contempt or insult to
assault from without. (People v. Ompaid, G.R. No. L- public authorities (par. 2):
23513)
1. In both, the public authorities are in the performance
 In abduction or illegal detention where the victim was of their duties.
taken from her or his house and carried away to another 2. Under par. 5, the public authorities who are in the
place, dwelling is aggravating. (U.S. v. Banila, 19 Phil. performance of their duties must be in their office;
130, 133) while in par. 2, the public authorities are performing
their duties outside of their office.
What dwelling includes: 3. Under par. 2, the public authority should not be the
offended party; while under par. 5, he may be the
offended party.
1. Dependencies;
2. The foot of the staircase;
3. Enclosure under the house.  An electoral precinct during election day is a place “where
public authorities are engaged in the discharge of their
duties.”
Dwelling is not aggravating in the following cases:
 The aggravating circumstance that the killing was done in
1. When both offender and offended party are occupants place dedicated to religious worship cannot be legally
of the same house, and this is true even if the considered, where there is no evidence to show that the
offender is a servant in the house. defendant had murder in her heart when she entered the
2. When the robbery is committed by the use of force chapel on the fatal night. (People v. Jaurigue, 76 Phil. 174)
upon things, dwelling is not aggravating because it is
inherent. 6. That the crime be committed in the night time,
3. In the crime of trespass to dwelling, it is inherent or or in an uninhabited place, or by a band,
included by law in defining the crime. This crime can whenever such circumstances may facilitate the
be committed only in the dwelling of another. commission of the offense.
4. When the owner of the dwelling gave sufficient and
immediate provocation.
5. When the dwelling where the crime was committed Night time, uninhabited place or band is aggravating:
did not belong to the offended party.
6. When rape was committed in the ground floor of a 1. When it facilitated the commission of the crime; or
two-storey structure, the lower floor being used as a 2. When especially sought for by the offender to insure
video rental store and not as a private place of abode the commission of the crime or for the purpose of
or residence. impunity; or
3. When the offender took advantage thereof for the
 The aggravating circumstance of dwelling is present when purpose of impunity.
the husband killed his estranged wife in the house
occupied by her, other than the conjugal home. (People v.  Night time may facilitate the commission of the crime,
Galapia, 84 SCRA 526, 532) when because of the darkness of the night the crime can
be perpetrated unmolested, or interference can be
 When adultery is committed in the dwelling of the avoided, or there would be greater certainty in attaining
husband, even if it is also the dwelling of the unfaithful the ends of the offender. (People v. Matbagon, 60 Phil.
wife, it is aggravating because besides the latter’s breach 887)
 Night time is not especially sought for, when the notion to Requisites:
commit the crime was conceived only shortly before its
commission, or when the crime was committed at night 1. That the offender is on trial for an offense;
upon a mere casual encounter. 2. That he was previously convicted by a final judgement
of another crime;
 “For the purpose of impunity” means to prevent his being 3. That both the first and second offenses are embraced
recognized, or to secure himself against detection and in the same title of the Code;
punishment. (People v. Matbagon, supra) 4. That the offender is convicted of the new offense.

Uninhabited place – one where there are no houses at all, a  There is no recidivism if the subsequent conviction is for
place at a considerable distance from town, or where the an offense committed before the offense involved in the
houses are scattered at a great distance from each other prior conviction. (People v. Baldera, 86 Phil. 189)

 Recidivism must be taken into account as an aggravating


 This aggravating circumstance should not be considered
circumstance no matter how many years have intervened
when the place where the crime was committed could be between the first and second felonies. (People v. Colocar,
seen and the voice of the deceased could be heard from a 60 Phil. 878)
nearby house. (People v. Laoto, 52 Phil. 401)

 That the place is uninhabited is determined, not by the 10. That the offender has been previously
distance of the nearest house to the scene of the crime, punished by an offense to which the law attaches
but whether or not in the place of its commission, there an equal or greater penalty or for two or more
was reasonable possibility of the victim receiving some crimes to which it attaches a lighter penalty.
help.
Requisites:
 It must appear that the accused sought the solitude of the
place where the crime was committed, in order to better 1. That the accused is on trial for an offense;
attain his purpose. (People v. Aguinaldo, 55 Phil. 610) 2. That he previously served sentence for another
offense to which the law attaches an equal or greater
Whenever more than three armed malefactors penalty, or for two or more crimes to which it attaches
shall have acted together in the commission of an lighter penalty than that for the new offense; and
offense, it shall be deemed to have been 3. That he is convicted of the new offense.
committed by a band.
 Par. 10 of Article 14 speaks of penalty attached to the
7. That the crime be committed on the occasion of offense, which may have several periods, not the penalty
a conflagration, shipwreck, earthquake, epidemic actually imposed.
or other calamity or misfortune.
Recidivism and reiteracion distinguished:
 The offender must take advantage of the calamity or
misfortune. 1. In reiteracion, it is necessary that the offender shall
have served out his sentence for the first offense;
whereas, in recidivism, it is enough that a final
Other calamity or misfortune – refers to other conditions of
judgement has been rendered in the first offense.
distress similar to those precedingly enumerated
2. In reiteracion, the previous and subsequent offenses
must not be embraced in the same title of the Code;
8. That the crime be committed with the aid of whereas, recidivism requires that the offenses be
armed men or persons who insure or afford included in the same title of the Code.
impunity. 3. Reiteracion is not always an aggravating
circumstance; whereas, recidivism is always to be
Requisites: taken into consideration in fixing the penalty to be
imposed upon the accused.
1. That armed men or persons took part in the
commission of the crime, directly or indirectly. The four forms of repetition are:
2. That the accused availed himself of their aid or relied
upon them when the crime was committed. 1. Recidivism;
2. Reiteracion or habituality;
Exceptions: 3. Multi-recidivism or habitual delinquency;
(extraordinary)
4. Quasi-recidivism. (special)
1. When both the attacking party and the party attacked
were equally armed.
2. When the accused as well as those who cooperated Habitual delinquency – when a person, within a period of ten
with him in the commission of the crime acted under years from the date of his release or last conviction of the
the same plan and for the same purpose. crimes of serious or less serious physical injuries, robbery,
theft, estafa or falsification, is found guilty of any said crimes a
third time or oftener
9. That the accused is a recidivist.

11. That the crime be committed in consideration


A recidivist is one who, at the time of his trial for
of a price, reward, or promise.
one crime, shall have been previously convicted
by final judgment of another crime embraced in
the same title of this Code.  When this aggravating circumstance is present, it affects
not only the person who received the price or reward, but
also the person who gave it. (U.S. v. Parro, 36 Phil. 923)
 If without previous promise, the price or reward was given of defense available to the person attacked. (People v.
voluntarily after the crime had been committed as an Cabiling, G.R. No. L-38091)
expression of his appreciation for the sympathy and aid
shown by the other accused, it should not be taken into  The aggravating circumstance of employing means to
consideration for the purpose of increasing the penalty. weaken the defense is absorbed by treachery. (People v.
(U.S. v. Flores, 28 Phil. 29) Tunhawan, G.R. No. L-81470)

12. That the crime be committed by means of 16. That the act be committed with treachery
inundation, fire, poison, explosion, stranding of a (alevosia).
vessel or international damage thereto, derailment
of a locomotive, or by the use of any other artifice There is treachery when the offender commits any
involving great waste and ruin. of the crimes against the person, employing
means, methods, or forms in the execution
 When another aggravating circumstance already qualifies thereof which tend directly and specially to insure
the crime, any of these aggravating circumstances shall its execution, without risk to himself arising from
be considered as generic aggravating circumstance only. the defense which the offended party might make.
(So mu-apply ra ang Par. 12, Article 14 kung na qualify na
ang crime by another circumstance.) Requisites of treachery:

 When the crime intended to be committed is arson and


somebody dies as a result thereof, the crime is simply 1. That at the time of the attack, the victim was not in a
arson and the act resulting in the death of that person is position to defend himself; and
not even an independent crime of homicide, it being 2. That the offender consciously adopted the particular
absorbed. (People v. Paterno, 85 Phil. 722) means, method or form of attack employed by him.

 This circumstance is applicable only to crimes against


13. That the act be committed with evident persons.
premeditation.
 It is not necessary that the means, methods or forms
 The essence of premeditation is that the execution of the employed in the execution of the crime insure its
criminal act must be preceded by cool thought and accomplishment, as the law says, “to insure its execution”
reflection upon the resolution to carry out the criminal only.
intent during the space of time sufficient to arrive at a calm
judgement. (People v. Durante, 53 Phil. 363)  The mode of attack must be consciously adopted. The
accused must make some preparation to kill the deceased
Requisites of evident premeditation: in such a manner as to insure the execution of the crime
or to make it impossible or hard for the person attacked to
defend himself or retaliate. (People v. Tumaob, 83 Phil.
1. The time when the offender determined to commit the
738) The mode of attack must be thought of by the
crime;
offender, and must not spring from the unexpected turn of
2. An act manifestly indicating that the culprit has clung
events.
to his determination; and
3. A sufficient lapse of time between the determination
and execution, to allow him to reflect upon the  The qualifying circumstance of treachery may not be
consequence of his act and to allow his conscience to simply deduced from presumption as it is necessary that
overcome the resolution of his will. the existence of this qualifying or aggravating
circumstance should be proven as fully as the crime itself
 Premeditation must be based upon external acts and not in order to aggravate the liability or penalty incurred by the
presumed from mere lapse of time. (U.S. v. Ricafort, 1 culprit. (People v. Ardisa, 55 SCRA 245)
Phil. 173)
17. That means be employed or circumstances
14. That the craft, fraud or disguise be employed. brought about which add ignominy to the natural
effects of the act.

Craft – involves intellectual trickery and cunning on the part of


the accused (see article 62 where craft is not an aggravating Ignominy – a circumstance pertaining to the moral order, which
circumstance) [this is used so that the suspicion of the victim is adds disgrace and obloquy to the material injury caused by the
not aroused] crime

Fraud – insidious words or machinations used to induce the 18. That the crime be committed after an unlawful
entry.
victim to act in a manner which would enable the offender to
carry out his design
There is an unlawful entry when an entrance is
effected by a way not intended for the purpose.
Disguise – resorting to any device to conceal identity (however,
if despite of the use of disguise, the victim recognized the
offender, disguise will not be considered as aggravating) (the  Unlawful entry must be a means to effect entrance and not
purpose of the offender in using any device must be to conceal for escape. (People v. Sunga, 43 Phil. 205)
his identity)
 If the crime charged in the information was only theft, and
15. That advantage be taken of superior strength, during the trial, the prosecution proved unlawful entry, it is
or means be employed to weaken the defense. a generic aggravating circumstance which may raise the
penalty for theft to the maximum period. It would be
improper to convict the accused of robbery with force upon
 To take advantage of superior strength means to use things because unlawful entry was not alleged in the
purposely excessive force out of proportion to the means information. (People v. Sunga, supra)
19. That as a means to the commission of a crime brother or sister, or relative by affinity in the same degrees
a wall, roof, floor, door, or window be broken. of the offender.

20. That the crime be committed with the aid of The intoxication of the offender shall be taken into
persons under fifteen (now 18) years of age or by consideration as a mitigating circumstances when the
means of motor vehicles, motorized watercraft, offender has committed a felony in a state of intoxication,
airships, or other similar means. (As amended by if the same is not habitual or subsequent to the plan to
RA 5438). commit said felony but when the intoxication is habitual or
intentional, it shall be considered as an aggravating
21. That the wrong done in the commission of the circumstance.
crime be deliberately augmented by causing other
wrong not necessary for its commissions.  As a rule, relationship is mitigating in crimes against
property, by analogy to the provisions of Article 332.
Requisites of cruelty:
 It is aggravating in crimes against persons in cases where
the offended party is a relative of a higher degree that the
1. That the injury caused be deliberately increased by offender, or when the offender and the offended party are
causing other wrong; (no cruelty when other wrong relatives of the same level, as killing a brother (brother-in-
was done after the victim was dead) law, a half brother, or adopted brother). (People v. Alisub,
2. That the other wrong be unnecessary for the 69 Phil. 362)
execution of the purpose of the offender.
 When the qualification given to the crime is derived from
 There is cruelty when the culprit enjoys and delights in
the relationship between the offender and offended party,
making his victim suffer slowly and gradually, causing him
unnecessary physical pain in the consummation of the it is neither mitigating nor aggravating, because it is
criminal act. (People v. Dayug, 49 Phil. 423) inseparable from and inherent in the offense.

 In crimes against chastity, relationship is aggravating,


Others: regardless of whether the offender is a relative of a higher
degree of the offended party.
Section 23. The maximum penalty shall be imposed if the
offense was committed by any group who belongs to an  In the absence of proof to the contrary, it will be presumed
organized/syndicated crime group. that intoxication is not habitual but accidental, and the fact
that the accused was drunk at the time of the commission
An organized/syndicated crime group means a group of two or of the crime must then be considered as a mitigating
more persons collaborating, confederating or mutually helping circumstance. (U.S. v. Fitzgerald, 2 Phil. 419)
one another for purposes of gain in the commission of any
crime. (R.A. No. 7659)  Low degree of instruction and education or lack of it is
generally mitigating. High degree of instruction and
 Notwithstanding the provisions of any law to the contrary, education is aggravating, when the offender avails himself
a positive finding for the use of dangerous drugs shall be a of his learning in committing the crime.
qualifying aggravating circumstance in the commission of
a crime by an offender, and the application of the penalty  Lack of education must be proved positively and cannot
provided for in the Revised Penal Code shall be be based on mere deduction or inference. (People v.
applicable. (Sec. 25, R.A. No. 9165) Retania, G.R. No. L-34841)

 Where murder or homicide was committed, the penalty for


illegal possession of firearms is no longer imposable since
it becomes merely a special aggravating circumstance.
(People v. Malinao, G.R. No. 128148)

 The penalty of reclusion perpetua to death shall be


imposed when the owner, driver or occupant of the
carnapped motor vehicle is killed or raped in the course of
the commission of the carnapping or on the occasion
thereof. (Sec. 14, R.A. No. 6539)

Chapter Five
ALTERNATIVE CIRCUMSTANCES

Article 15. Their concept. - 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 is the spouse,
ascendant, descendant, legitimate, natural, or adopted
Title Two Two ways of directly forcing another to commit a crime: (The
material executor is not criminally liable because of Article 12.)

PERSONS CRIMINALLY LIABLE FOR FELONIES


1. By using irresistible force.
2. By causing uncontrollable fear.
Article 16. Who are criminally liable. - The following are
criminally liable for grave and less grave felonies:
Two ways of directly inducing another to commit a crime:

1. Principals.
1. By giving price, or offering reward or promise.
2. By using words of command.
2. Accomplices.
Requisites (1):
3. Accessories.
1. That the inducement be made directly with the
The following are criminally liable for light felonies: intention of procuring the commission of the crime;
and
1. Principals 2. That such inducement be the determining cause of
the commission of the crime by the material executor.
2. Accomplices.
 To constitute inducement, there must exist on the part of
the inducer the most positive resolution and the most
 When an crime is committed by many, without being persistent effort to secure the commission of the crime,
equally shared by all, a different degree of responsibility is together with the presentation to the person induced of the
imposed upon each and every one of them. very strongest kind of temptation to commit the crime.
(U.S. v. Indanan)
Rules relative to light felonies:
 The inducement must precede the act induced and must
be so influential in producing the criminal act that without
1. Light felonies are punishable only when they have
it, the act would not have been performed.
been consummated.
2. But when light felonies are committed against persons
or property, they are punishable even if they are only Requisites (2):
in the attempted stage of execution.
3. Only principals and accomplices are liable for light 1. That the one uttering the words of command must
felonies. have the intention of procuring the commission of the
4. Accessories are not liable for light felonies, even if crime;
they are committed against persons or property. 2. That the one who made the command must have an
ascendancy or influence over the person who acted;
Article 17. Principals. - The following are considered 3. That the words used must be so direct, so efficacious,
principals: so powerful as to amount to physical or moral
coercion;
4. The words of command must be uttered prior to the
1. Those who take a direct part in the execution of
commission of the crime;
the act; (principal by direct participation)
5. The material executor of the crime has no personal
reason to commit the crime.
Two or more persons who took part in the commission of the
crime are principals by direct participation, when the following
3. Those who cooperate in the commission of the
requisites are present:
offense by another act without which it would not
have been accomplished. (principal by
1. That they participated in the criminal resolution; indispensable cooperation)
(meaning there is conspiracy; conspiracy pa lang ni
diri)
 To cooperate means to desire or wish in common a thing.
2. That they carried out their plan and personally took
But that common will or purpose does not necessarily
part in its execution by acts which directly tended to
mean previous understanding, for it can be explained or
the same end.
inferred from the circumstances of each case. (People v.
Apelgido, 56 Phil. 571)
 If the second requisite is lacking, at most, there is only a
conspiracy among the several defendants who
participated in the criminal resolution, and if the crime they Requisites:
agreed and decided to commit is not treason, rebellion or
sedition, they are not criminally liable. 1. Participation in the criminal resolution, that is, there is
either anterior conspiracy or unity of criminal purpose
2. Those who directly force or induce others to and intention immediately before the commission of
commit it; (principal by induction) the crime charged; and
2. Cooperation in the commission of the offense by
performing another act, without which would not
 One cannot be held guilty of having instigated the
have been accomplished.
commission of the crime without first being shown that the
crime was actually committed by another. (People v. Ong
 If the cooperation of one of the accused consists in
Chiat Lay, 60 Phil. 788)
performing an act necessary in the execution of the crime
committed, he is a principal by direct participation.

 The difference between an accused who is a principal


under any of the three categories enumerated in Article 17
of the RPC and a co-conspirator who is also a principal is treason, parricide, murder, or an attempt to take
that while the former’s criminal liability is limited to his own the life of the Chief Executive, or is known to be
acts, as a general rule, the latter’s responsibility includes habitually guilty of some other crime.
the acts of his fellow conspirators. (People v. Peralta, G.R.
No. L-19069)  A person who saw the commission of a crime, say
murder, by another whom he knew, kept silent with regard
Article 18. Accomplices. - Accomplices are those persons to it, and did not report it to any of the authorities is not
who, not being included in Article 17, cooperate in the liable even as an accessory. (U.S. v. Caballeros, 4 Phil.
execution of the offense by previous or simultaneous acts. 350) Reason: Such omission is not harbouring, or
concealing or assisting in the escape of the principal.
 When there is no conspiracy between or among the
defendants but they were animated by one and the same  Where the alleged incendiary was acquitted, it is neither
purpose to accomplish the criminal objective, those who proper nor possible to convict the defendant as accessory.
cooperated by previous or simultaneous acts but cannot The responsibility of the accessory is subordinate to that
be held liable as principals are accomplices. of the principal in a crime, because the accessory’s
participation therein is subsequent to its commission, and
 Where the quantum of proof required to establish his guilt is directly related to that of the principal delinquent
conspiracy is lacking, the doubt created as to whether the in the punishable act. If then the facts alleged are not
appellant acted as principal or as accomplice will always proven in the prosecution instituted, or do not constitute a
be resolved in favour of the milder form of criminal liability crime, no legal grounds exist for convicting a defendant as
– that of a mere accomplice. (People v. Ballesta, G.R. No. an accessory after the fact for a crime not perpetrated.
181632) (U.S. v. Mendoza, 23 Phil. 194)

 An accomplice does not enter into a conspiracy with the  Conviction of an accessory is possible notwithstanding the
principal by direct participation. He does not have previous acquittal of the principal, if the crime was in fact
agreement or understanding with the principal to commit a committed, but the principal was not held criminally liable,
crime. But he participates to a certain point in the common because of an exempting circumstance, such as insanity
criminal design. (People v. Aplegido, 76 Phil. 571) or minority. In exempting circumstance, there is a crime
committed. Hence, there is a basis for convicting the
accessory.
Distinctions between accomplice and conspirator:
 Even if the principal is still unknown or at large, the
1. Conspirators know the criminal intention because they accessory may be held responsible provided that the
themselves have decided upon such course of action; requisites prescribed by law for the existence of the crime
accomplices come to know about it after the principals are present and that someone committed it.
have reached the decision, and only then do they
agree to cooperate in its execution.  The corresponding responsibilities of the principal,
2. Conspirators decide that a crime should be accomplice and accessory are distinct from each other. As
committed; accomplices merely concur in it. long as the commission of the offense can be duly
3. Conspirators are the authors of a crime; accomplices established in evidence, the determination of the liability of
are merely instruments who perform acts not the accomplice or accessory can proceed independently
essential to the perpetration of the offense. of that of the principal. (Vino v. People, G.R. No. 84163)

Requisites:  Where the commission of the crime and the responsibility


of the accused as an accessory are established, the
1. That there be community of design; that is, knowing accessory can be convicted, notwithstanding the acquittal
the criminal design of the principal by direct of the principal. (Vino v. People, supra)
participation, he concurs with the latter in his purpose;
2. That he cooperates in the execution of the offense by Article 20. Accessories who are exempt from criminal
previous or simultaneous acts, with intention of liability. - The penalties prescribed for accessories shall
supplying material or moral aid in the execution of the not be imposed upon those who are such with respect to
crime in an efficacious way; and their spouses, ascendants, descendants, legitimate,
3. That there be a relation between the acts done by the natural, and adopted brothers and sisters, or relatives by
principal and those attributed to the person charged affinity within the same degrees, with the single exception
as accomplice. of accessories falling within the provisions of paragraph 1
of the next preceding article.
Article 19. Accessories. - 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:

1. By profiting themselves or assisting the


offender to profit by the effects of the crime.

2. By concealing or destroying the body of the


crime, or the effects or instruments thereof, in
order to prevent its discovery.

3. By harboring, concealing, or assisting in the


escape of the principals of the crime, provided the
accessory acts with abuse of his public functions
or whenever the author of the crime is guilty of
Title Three Reclusion perpetua,
Reclusion temporal,
PENALTIES Perpetual or temporary absolute
disqualification,
Perpetual or temporary special
Chapter One disqualification,
PENALTIES IN GENERAL Prision mayor.

Article 21. Penalties that may be imposed. - No felony shall Correctional penalties:
be punishable by any penalty not prescribed by law prior
to its commission.
Prision correccional,
Arresto mayor,
Penalty - Suspension,
Destierro.
Article 22. Retroactive effect of penal laws. - Penal Laws
shall have a retroactive effect insofar as they favor the Light penalties:
persons guilty of a felony, who is not a habitual criminal,
as this term is defined in Rule 5 of Article 62 of this Code,
although at the time of the publication of such laws a final Arresto menor,
sentence has been pronounced and the convict is serving Public censure.
the same.
Penalties common to the three preceding classes:
Article 23. Effect of pardon by the offended party. - A
pardon of the offended party does not extinguish criminal Fine, and
action except as provided in Article 344 of this Code; but Bond to keep the peace.
civil liability with regard to the interest of the injured party
is extinguished by his express waiver. Accessory Penalties

Article 24. Measures of prevention or safety which are nor Perpetual or temporary absolute disqualification,
considered penalties. - The following shall not be Perpetual or temporary special disqualification,
considered as penalties: Suspension from public office, the right to vote
and be voted for, the profession or calling.
1. The arrest and temporary detention of accused Civil interdiction,
persons, as well as their detention by reason of Indemnification,
insanity or imbecility, or illness requiring their Forfeiture or confiscation of instruments and
confinement in a hospital. proceeds of the offense,
Payment of costs.
2. The commitment of a minor to any of the
institutions mentioned in Article 80 and for the Article 26. When afflictive, correctional, or light penalty. -
purposes specified therein. A fine, whether imposed as a single of as an alternative
penalty, shall be considered an afflictive penalty, if it
3. Suspension from the employment of public exceeds 6,000 pesos; a correctional penalty, if it does not
office during the trial or in order to institute exceed 6,000 pesos but is not less than 200 pesos; and a
proceedings. light penalty if it less than 200 pesos.

4. Fines and other corrective measures which, in Chapter Three


the exercise of their administrative disciplinary DURATION AND EFFECTS OF PENALTIES
powers, superior officials may impose upon their
subordinates. Section One. - Duration of Penalties

5. Deprivation of rights and the reparations which Article 27. Reclusion perpetua. - Any person sentenced to
the civil laws may establish in penal form. any of the perpetual penalties shall be pardoned after
undergoing the penalty for thirty years, unless such
person by reason of his conduct or some other serious
Chapter Two cause shall be considered by the Chief Executive as
CLASSIFICATION OF PENALTIES unworthy of pardon.

Article 25. Penalties which may be imposed. - The Reclusion temporal. - The penalty of reclusion temporal
penalties which may be imposed according to this Code, shall be from twelve years and one day to twenty years.
and their different classes, are those included in the
following:
Prision mayor and temporary disqualification. - The
duration of the penalties of prision mayor and temporary
Scale disqualification shall be from six years and one day to
twelve years, except when the penalty of disqualification
Principal Penalties is imposed as an accessory penalty, in which case its
duration shall be that of the principal penalty.
Capital punishment:
Prision correccional, suspension, and destierro. - The
duration of the penalties of prision correccional,
Death.
suspension and destierro shall be from six months and
one day to six years, except when suspension is imposed
Afflictive penalties:
as an accessory penalty, in which case, its duration shall 1. The deprivation of the public offices and
be that of the principal penalty. employments which the offender >may have held
even if conferred by popular election.
Arresto mayor. - The duration of the penalty of arresto
mayor shall be from one month and one day to six 2. The deprivation of the right to vote in any
months. election for any popular office or to be elected to
such office.
Arresto menor. - The duration of the penalty of arresto
menor shall be from one day to thirty days. 3. The disqualification for the offices or public
employments and for the exercise of any of the
Bond to keep the peace. - The bond to keep the peace rights mentioned.
shall be required to cover such period of time as the court
may determine. In case of temporary disqualification, such
disqualification as is comprised in paragraphs 2
Article 28. Computation of penalties. - If the offender shall and 3 of this article shall last during the term of
be in prison, the term of the duration of the temporary the sentence.
penalties shall be computed from the day on which the
judgment of conviction shall have become final. 4. The loss of all rights to retirement pay or other
pension for any office formerly held.
If the offender be not in prison, the term of the duration of
the penalty consisting of deprivation of liberty shall be Article 31. Effect of the penalties of perpetual or temporary
computed from the day that the offender is placed at the special disqualification. - The penalties of perpetual or
disposal of the judicial authorities for the enforcement of temporal special disqualification for public office,
the penalty. The duration of the other penalties shall be profession or calling shall produce the following effects:
computed only from the day on which the defendant
commences to serve his sentence. 1. The deprivation of the office, employment,
profession or calling affected;
Article 29. Period of preventive imprisonment deducted
from term of imprisonment. - Offenders who have 2. The disqualification for holding similar offices
undergone preventive imprisonment shall be credited in or employments either perpetually or during the
the service of their sentence consisting of deprivation of term of the sentence according to the extent of
liberty, with the full time during which they have such disqualification.
undergone preventive imprisonment, if the detention
prisoner agrees voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted prisoners, Article 32. Effect of the penalties of perpetual or temporary
except in the following cases: special disqualification for the exercise of the right of
suffrage. - The perpetual or temporary special
disqualification for the exercise of the right of suffrage
1. When they are recidivists or have been shall deprive the offender perpetually or during the term of
convicted previously twice or more times of any the sentence, according to the nature of said penalty, of
crime; and the right to vote in any popular election for any public
office or to be elected to such office. Moreover, the
2. When upon being summoned for the execution offender shall not be permitted to hold any public office
of their sentence they have failed to surrender during the period of his disqualification.
voluntarily.
Article 33. Effects of the penalties of suspension from any
If the detention prisoner does not agree to abide by the public office, profession or calling, or the right of
same disciplinary rules imposed upon convicted suffrage. - The suspension from public office, profession
prisoners, he shall be credited in the service of his or calling, and the exercise of the right of suffrage shall
sentence with four-fifths of the time during which he has disqualify the offender from holding such office or
undergone preventive imprisonment. (As amended by exercising such profession or calling or right of suffrage
Republic Act 6127, June 17, 1970). during the term of the sentence.

Whenever an accused has undergone preventive The person suspended from holding public office shall not
imprisonment for a period equal to or more than the hold another having similar functions during the period of
possible maximum imprisonment of the offense charged his suspension.
to which he may be sentenced and his case is not yet
terminated, he shall be released immediately without Article 34. Civil interdiction. - Civil interdiction shall
prejudice to the continuation of the trial thereof or the deprive the offender during the time of his sentence of the
proceeding on appeal, if the same is under review. In case rights of parental authority, or guardianship, either as to
the maximum penalty to which the accused may be the person or property of any ward, of marital authority, of
sentenced is destierro, he shall be released after thirty (30) the right to manage his property and of the right to
days of preventive imprisonment. (As amended by E.O. dispose of such property by any act or any conveyance
No. 214, July 10, 1988). inter vivos.

Section Two. - Effects of the penalties according to their Article 35. Effects of bond to keep the peace. - It shall be
respective nature the duty of any person sentenced to give bond to keep the
peace, to present two sufficient sureties who shall
Article 30. Effects of the penalties of perpetual or undertake that such person will not commit the offense
temporary absolute disqualification. - The penalties of sought to be prevented, and that in case such offense be
perpetual or temporary absolute disqualification for public committed they will pay the amount determined by the
office shall produce the following effects: court in the judgment, or otherwise to deposit such
amount in the office of the clerk of the court to guarantee deprivations as those of which the principal
said undertaking. penalty consists.

The court shall determine, according to its discretion, the 5. The subsidiary personal liability which the
period of duration of the bond. convict may have suffered by reason of his
insolvency shall not relieve him, from the fine in
Should the person sentenced fail to give the bond as case his financial circumstances should improve.
required he shall be detained for a period which shall in no (As amended by RA 5465, April 21, 1969).
case exceed six months, is he shall have been prosecuted
for a grave or less grave felony, and shall not exceed thirty Section Three. - Penalties in which other accessory
days, if for a light felony. penalties are inherent

Article 36. Pardon; its effect. - A pardon shall not work the Article 40. Death; Its accessory penalties. - The death
restoration of the right to hold public office, or the right of penalty, when it is not executed by reason of commutation
suffrage, unless such rights be expressly restored by the or pardon shall carry with it that of perpetual absolute
terms of the pardon. disqualification and that of civil interdiction during thirty
years following the date sentence, unless such accessory
A pardon shall in no case exempt the culprit from the penalties have been expressly remitted in the pardon.
payment of the civil indemnity imposed upon him by the
sentence. Article 41. Reclusion perpetua and reclusion temporal;
Their accessory penalties. - The penalties of reclusion
Article 37. Cost; What are included. - Costs shall include perpetua and reclusion temporal shall carry with them that
fees and indemnities in the course of the judicial of civil interdiction for life or during the period of the
proceedings, whether they be fixed or unalterable sentence as the case may be, and that of perpetual
amounts previously determined by law or regulations in absolute disqualification which the offender shall suffer
force, or amounts not subject to schedule. even though pardoned as to the principal penalty, unless
the same shall have been expressly remitted in the
pardon.
Article 38. Pecuniary liabilities; Order of payment. - In case
the property of the offender should not be sufficient for
the payment of all his pecuniary liabilities, the same shall Article 42. Prision mayor; Its accessory penalties. - The
be met in the following order: penalty of prision mayor, shall carry with it that of
temporary absolute disqualification and that of perpetual
special disqualification from the right of suffrage which
1. The reparation of the damage caused. the offender shall suffer although pardoned as to the
principal penalty, unless the same shall have been
2. Indemnification of consequential damages. expressly remitted in the pardon.

3. The fine. Article 43. Prision correccional; Its accessory penalties. -


The penalty of prision correccional shall carry with it that
4. The cost of the proceedings. of suspension from public office, from the right to follow a
profession or calling, and that of perpetual special
disqualification from the right of suffrage, if the duration of
Article 39. Subsidiary penalty. - If the convict has no said imprisonment shall exceed eighteen months. The
property with which to meet the fine mentioned in the offender shall suffer the disqualification provided in the
paragraph 3 of the nest preceding article, he shall be article although pardoned as to the principal penalty,
subject to a subsidiary personal liability at the rate of one unless the same shall have been expressly remitted in the
day for each eight pesos, subject to the following rules: pardon.

1. If the principal penalty imposed be prision Article 44. Arresto; Its accessory penalties. - The penalty
correccional or arresto and fine, he shall remain of arresto shall carry with it that of suspension of the right
under confinement until his fine referred to in the too hold office and the right of suffrage during the term of
preceding paragraph is satisfied, but his the sentence.
subsidiary imprisonment shall not exceed one-
third of the term of the sentence, and in no case
shall it continue for more than one year, and no Article 45. Confiscation and forfeiture of the proceeds or
fraction or part of a day shall be counted against instruments of the crime. - Every penalty imposed for the
the prisoner. commission of a felony shall carry with it the forfeiture of
the proceeds of the crime and the instruments or tools
with which it was committed.
2. When the principal penalty imposed be only a
fine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have been Such proceeds and instruments or tools shall be
prosecuted for a grave or less grave felony, and confiscated and forfeited in favor of the Government,
shall not exceed fifteen days, if for a light felony. unless they be property of a third person not liable for the
offense, but those articles which are not subject of lawful
commerce shall be destroyed.
3. When the principal imposed is higher than
prision correccional, no subsidiary imprisonment
shall be imposed upon the culprit. Chapter Four
APPLICATION OF PENALTIES

4. If the principal penalty imposed is not to be


executed by confinement in a penal institution, Section One. - Rules for the application of penalties to the
but such penalty is of fixed duration, the convict, persons criminally liable and for the graduation of the
during the period of time established in the same.
preceding rules, shall continue to suffer the same
Article 46. Penalty to be imposed upon principals in that prescribed by law for the consummated felony shall
general. - The penalty prescribed by law for the be imposed upon the principals in an attempt to commit a
commission of a felony shall be imposed upon the felony.
principals in the commission of such felony.
Article 52. Penalty to be imposed upon accomplices in
Whenever the law prescribes a penalty for a felony is consummated crime. - The penalty next lower in degree
general terms, it shall be understood as applicable to the than that prescribed by law for the consummated shall be
consummated felony. imposed upon the accomplices in the commission of a
consummated felony.
Article 47. In what cases the death penalty shall not be
imposed. - The death penalty shall be imposed in all cases Article 53. Penalty to be imposed upon accessories to the
in which it must be imposed under existing laws, except in commission of a consummated felony. - The penalty lower
the following cases: by two degrees than that prescribed by law for the
consummated felony shall be imposed upon the
1. When the guilty person be more than seventy accessories to the commission of a consummated felony.
years of age.
Article 54. Penalty to imposed upon accomplices in a
2. When upon appeal or revision of the case by frustrated crime. - The penalty next lower in degree than
the Supreme court, all the members thereof are prescribed by law for the frustrated felony shall be
not unanimous in their voting as to the propriety imposed upon the accomplices in the commission of a
of the imposition of the death penalty. For the frustrated felony.
imposition of said penalty or for the confirmation
of a judgment of the inferior court imposing the Article 55. Penalty to be imposed upon accessories of a
death sentence, the Supreme Court shall render frustrated crime. - The penalty lower by two degrees than
its decision per curiam, which shall be signed by that prescribed by law for the frustrated felony shall be
all justices of said court, unless some member or imposed upon the accessories to the commission of a
members thereof shall have been disqualified frustrated felony.
from taking part in the consideration of the case,
in which even the unanimous vote and signature Article 56. Penalty to be imposed upon accomplices in an
of only the remaining justices shall be required. attempted crime. - The penalty next lower in degree than
that prescribed by law for an attempt to commit a felony
Article 48. Penalty for complex crimes. - When a single act shall be imposed upon the accomplices in an attempt to
constitutes two or more grave or less grave felonies, or commit the felony.
when an offense is a necessary means for committing the
other, the penalty for the most serious crime shall be Article 57. Penalty to be imposed upon accessories of an
imposed, the same to be applied in its maximum period. attempted crime. - The penalty lower by two degrees than
that prescribed by law for the attempted felony shall be
Article 49. Penalty to be imposed upon the principals imposed upon the accessories to the attempt to commit a
when the crime committed is different from that intended. - felony.
In cases in which the felony committed is different from
that which the offender intended to commit, the following Article 58. Additional penalty to be imposed upon certain
rules shall be observed: accessories. - Those accessories falling within the terms
of paragraphs 3 of Article 19 of this Code who should act
1. If the penalty prescribed for the felony with abuse of their public functions, shall suffer the
committed be higher than that corresponding to additional penalty of absolute perpetual disqualification if
the offense which the accused intended to the principal offender shall be guilty of a grave felony, and
commit, the penalty corresponding to the latter that of absolute temporary disqualification if he shall be
shall be imposed in its maximum period. guilty of a less grave felony.

2. If the penalty prescribed for the felony Article 59. Penalty to be imposed in case of failure to
committed be lower than that corresponding to commit the crime because the means employed or the
the one which the accused intended to commit, aims sought are impossible. - When the person intending
the penalty for the former shall be imposed in its to commit an offense has already performed the acts for
maximum period. the execution of the same but nevertheless the crime was
not produced by reason of the fact that the act intended
3. The rule established by the next preceding was by its nature one of impossible accomplishment or
paragraph shall not be applicable if the acts because the means employed by such person are
committed by the guilty person shall also essentially inadequate to produce the result desired by
constitute an attempt or frustration of another him, the court, having in mind the social danger and the
crime, if the law prescribes a higher penalty for degree of criminality shown by the offender, shall impose
either of the latter offenses, in which case the upon him the penalty of arresto mayor or a fine from 200
penalty provided for the attempted or the to 500 pesos.
frustrated crime shall be imposed in its maximum
period. Article 60. Exception to the rules established in Articles 50
to 57. - The provisions contained in Articles 50 to 57,
Article 50. Penalty to be imposed upon principals of a inclusive, of this Code shall not be applicable to cases in
frustrated crime. - The penalty next lower in degree than which the law expressly prescribes the penalty provided
that prescribed by law for the consummated felony shall for a frustrated or attempted felony, or to be imposed
be imposed upon the principal in a frustrated felony. upon accomplices or accessories.

Article 51. Penalty to be imposed upon principals of Article 61. Rules for graduating penalties. - For the
attempted crimes. - A penalty lower by two degrees than purpose of graduating the penalties which, according to
the provisions of Articles 50 to 57, inclusive, of this Code,
are to be imposed upon persons guilty as principals of
crime.
any frustrated or attempted felony, or as accomplices or
accessories, the following rules shall be observed: Firs Reclusi Reclusi
Prision
t Deat on on Prision
Correc
1. When the penalty prescribed for the felony is Cas h Perpetu Tempor Mayor
cional
single and indivisible, the penalty next lower in e a al
degrees shall be that immediately following that
indivisible penalty in the respective graduated Recl
scale prescribed in Article 71 of this Code. usio
Sec n Reclusi
Prision Arrest
ond Perp on Prision
2. When the penalty prescribed for the crime is Correc o
Cas etua Tempor Mayor
composed of two indivisible penalties, or of one cional Mayor
e to al
or more divisible penalties to be impose to their
Deat
full extent, the penalty next lower in degree shall
h
be that immediately following the lesser of the
penalties prescribed in the respective graduated Arrest
scale. Prision Prision
o Fine
Recl Mayor correcc
Mayor and
usio in its ional in
3. When the penalty prescribed for the crime is in it's Arrest
n maxim its
composed of one or two indivisible penalties and maxim o
Tem um maxim
the maximum period of another divisible penalty, um Mayor
Thir poral period um
the penalty next lower in degree shall be period in its
d in its to period
composed of the medium and minimum periods to minim
Cas maxi reclusi to
of the proper divisible penalty and the maximum prision um
e mum on prision
periods of the proper divisible penalty and the correc and
perio tempor mayor
maximum period of that immediately following in cional mediu
d to al in its in its
said respective graduated scale. in its m
deat mediu mediu
mediu period
h m m
4. when the penalty prescribed for the crime is m s
period period
composed of several periods, corresponding to period
different divisible penalties, the penalty next lower
in degree shall be composed of the period Prisi
immediately following the minimum prescribed on
and of the two next following, which shall be Mayo Prision Arresto
Fine
taken from the penalty prescribed, if possible; r in correcc mayor
and
otherwise from the penalty immediately following its ional in in its
Arrest
in the above mentioned respective graduated maxi its maxim
o
scale. mum maxim um
Mayor
Fou perio um period
in its
rth d to period to
5. When the law prescribes a penalty for a crime minim Fine.
Cas reclu to prision
in some manner not especially provided for in the um
e sion prision correcc
four preceding rules, the courts, proceeding by and
temp mayor ional in
analogy, shall impose corresponding penalties mediu
oral in its its
upon those guilty as principals of the frustrated m
in its mediu mediu
felony, or of attempt to commit the same, and period
medi m m
upon accomplices and accessories. s
um period. period.
perio
TABULATION OF THE PROVISIONS OF THE d.
CHAPTER

Section Two. - Rules for the application of


Penalty penalties with regard to the mitigating and
to be aggravating circumstances, and habitual
Penalt delinquency.
impose
y to be
Penalty d upon
impos
to be the Article 62. Effect of the attendance of mitigating or
ed
impose princip aggravating circumstances and of habitual delinquency. -
upon Penalt
d upon al in an Mitigating or aggravating circumstances and habitual
the y to be
the attempt delinquency shall be taken into account for the purpose of
Pena access impos
princip ed diminishing or increasing the penalty in conformity with
lty ory in ed
al in a crime, the following rules:
Pres a upon
frustrat the
cribe frustra the
ed access
for ted access 1. Aggravating circumstances which in
crime, ory in
the crime, ory in themselves constitute a crime specially
and the
crim and an punishable by law or which are included by the
accom consu
e the attemp law in defining a crime and prescribing the
plice in mmate
accom ted penalty therefor shall not be taken into account
a d crime
plices crime for the purpose of increasing the penalty.
consu and the
in an
mmate accom
attemp 2. The same rule shall apply with respect to any
d crime plices
ted aggravating circumstance inherent in the crime to
in a
crime such a degree that it must of necessity
frustrat
ed accompany the commission thereof.
3. Aggravating or mitigating circumstances which 3. When the commission of the act is attended by
arise from the moral attributes of the offender, or some mitigating circumstances and there is no
from his private relations with the offended party, aggravating circumstance, the lesser penalty shall
or from any other personal cause, shall only serve be applied.
to aggravate or mitigate the liability of the
principals, accomplices and accessories as to 4. When both mitigating and aggravating
whom such circumstances are attendant. circumstances attended the commission of the
act, the court shall reasonably allow them to
4. The circumstances which consist in the offset one another in consideration of their
material execution of the act, or in the means number and importance, for the purpose of
employed to accomplish it, shall serve to applying the penalty in accordance with the
aggravate or mitigate the liability of those persons preceding rules, according to the result of such
only who had knowledge of them at the time of compensation.
the execution of the act or their cooperation
therein. Article 64. Rules for the application of penalties which
contain three periods. - In cases in which the penalties
5. Habitual delinquency shall have the following prescribed by law contain three periods, whether it be a
effects: single divisible penalty or composed of three different
penalties, each one of which forms a period in accordance
(a) Upon a third conviction the culprit with the provisions of Articles 76 and 77, the court shall
shall be sentenced to the penalty observe for the application of the penalty the following
provided by law for the last crime of rules, according to whether there are or are not mitigating
which he be found guilty and to the or aggravating circumstances:
additional penalty of prision correccional
in its medium and maximum periods; 1. When there are neither aggravating nor
mitigating circumstances, they shall impose the
(b) Upon a fourth conviction, the culprit penalty prescribed by law in its medium period.
shall be sentenced to the penalty
provided for the last crime of which he be 2. When only a mitigating circumstances is
found guilty and to the additional penalty present in the commission of the act, they shall
of prision mayor in its minimum and impose the penalty in its minimum period.
medium periods; and
3. When an aggravating circumstance is present
(c) Upon a fifth or additional conviction, in the commission of the act, they shall impose
the culprit shall be sentenced to the the penalty in its maximum period.
penalty provided for the last crime of
which he be found guilty and to the 4. When both mitigating and aggravating
additional penalty of prision mayor in its circumstances are present, the court shall
maximum period to reclusion temporal in reasonably offset those of one class against the
its minimum period. other according to their relative weight.

Notwithstanding the provisions of this article, the total of 5. When there are two or more mitigating
the two penalties to be imposed upon the offender, in circumstances and no aggravating circumstances
conformity herewith, shall in no case exceed 30 years. are present, the court shall impose the penalty
next lower to that prescribed by law, in the period
For the purpose of this article, a person shall be deemed that it may deem applicable, according to the
to be habitual delinquent, is within a period of ten years number and nature of such circumstances.
from the date of his release or last conviction of the
crimes of serious or less serious physical injuries, robo, 6. Whatever may be the number and nature of the
hurto, estafa or falsification, he is found guilty of any of aggravating circumstances, the courts shall not
said crimes a third time or oftener. impose a greater penalty than that prescribed by
law, in its maximum period.
Article 63. Rules for the application of indivisible
penalties. - In all cases in which the law prescribes a 7. Within the limits of each period, the court shall
single indivisible penalty, it shall be applied by the courts determine the extent of the penalty according to
regardless of any mitigating or aggravating circumstances the number and nature of the aggravating and
that may have attended the commission of the deed. mitigating circumstances and the greater and
lesser extent of the evil produced by the crime.
In all cases in which the law prescribes a penalty
composed of two indivisible penalties, the following rules Article 65. Rule in cases in which the penalty is not
shall be observed in the application thereof: composed of three periods. - In cases in which the penalty
prescribed by law is not composed of three periods, the
1. When in the commission of the deed there is courts shall apply the rules contained in the foregoing
present only one aggravating circumstance, the articles, dividing into three equal portions of time included
greater penalty shall be applied. in the penalty prescribed, and forming one period of each
of the three portions.
2. When there are neither mitigating nor
aggravating circumstances and there is no Article 66. Imposition of fines. - In imposing fines the
aggravating circumstance, the lesser penalty shall courts may fix any amount within the limits established by
be applied. law; in fixing the amount in each case attention shall be
given, not only to the mitigating and aggravating
circumstances, but more particularly to the wealth or 6. Arresto mayor,
means of the culprit.
7. Arresto menor,
Article 67. Penalty to be imposed when not all the
requisites of exemption of the fourth circumstance of 8. Destierro,
Article 12 are present. - When all the conditions required
in circumstances Number 4 of Article 12 of this Code to
exempt from criminal liability are not present, the penalty 9. Perpetual absolute disqualification,
of arresto mayor in its maximum period to prision
correccional in its minimum period shall be imposed upon 10 Temporal absolute disqualification.
the culprit if he shall have been guilty of a grave felony,
and arresto mayor in its minimum and medium periods, if 11. Suspension from public office, the right to
of a less grave felony. vote and be voted for, the right to follow a
profession or calling, and
Article 68. Penalty to be imposed upon a person under
eighteen years of age. - When the offender is a minor 12. Public censure.
under eighteen years and his case is one coming under
the provisions of the paragraphs next to the last of Article
80 of this Code, the following rules shall be observed: Notwithstanding the provisions of the rule next preceding,
the maximum duration of the convict's sentence shall not
be more than three-fold the length of time corresponding
1. Upon a person under fifteen but over nine years to the most severe of the penalties imposed upon him. No
of age, who is not exempted from liability by other penalty to which he may be liable shall be inflicted
reason of the court having declared that he acted after the sum total of those imposed equals the same
with discernment, a discretionary penalty shall be maximum period.
imposed, but always lower by two degrees at least
than that prescribed by law for the crime which he
committed. Such maximum period shall in no case exceed forty years.

2. Upon a person over fifteen and under eighteen In applying the provisions of this rule the duration of
years of age the penalty next lower than that perpetual penalties (pena perpetua) shall be computed at
prescribed by law shall be imposed, but always in thirty years. (As amended).
the proper period.
Article 71. Graduated scales. - In the case in which the law
Article 69. Penalty to be imposed when the crime prescribed a penalty lower or higher by one or more
committed is not wholly excusable. - A penalty lower by degrees than another given penalty, the rules prescribed
one or two degrees than that prescribed by law shall be in Article 61 shall be observed in graduating such penalty.
imposed if the deed is not wholly excusable by reason of
the lack of some of the conditions required to justify the The lower or higher penalty shall be taken from the
same or to exempt from criminal liability in the several graduated scale in which is comprised the given penalty.
cases mentioned in Article 11 and 12, provided that the
majority of such conditions be present. The courts shall
The courts, in applying such lower or higher penalty, shall
impose the penalty in the period which may be deemed
observe the following graduated scales:
proper, in view of the number and nature of the conditions
of exemption present or lacking.
SCALE NO. 1
Article 70. Successive service of sentence. - When the
culprit has to serve two or more penalties, he shall serve 1. Death,
them simultaneously if the nature of the penalties will so
permit otherwise, the following rules shall be observed: 2. Reclusion perpetua,

In the imposition of the penalties, the order of their 3. Reclusion temporal,


respective severity shall be followed so that they may be
executed successively or as nearly as may be possible,
4. Prision mayor,
should a pardon have been granted as to the penalty or
penalties first imposed, or should they have been served
out. 5. Prision correccional,

For the purpose of applying the provisions of the next 6. Arresto mayor,
preceding paragraph the respective severity of the
penalties shall be determined in accordance with the 7. Destierro,
following scale:
8. Arresto menor,
1. Death,
9. Public censure,
2. Reclusion perpetua,
10. Fine.
3. Reclusion temporal,
SCALE NO. 2
4. Prision mayor,
1. Perpetual absolute disqualification,
5. Prision correccional,
2. Temporal absolute disqualification
and 4
months.
3. Suspension from public office, the
right to vote and be voted for, the right to Prision mayor,
From 6 From 8
follow a profession or calling, absolute From 6 From 10
years years
disqualificatio years years
and 1 and 1
4. Public censure, n and special and 1 and 1
day to day to
temporary day to 8 day to 12
12 10
disqualificatio years. years.
5. Fine. years. years.
n

Article 72 Preference in the payment of the civil liabilities. - From 2


From 6
The civil liabilities of a person found guilty of two or more years, 4 From 4
From 6 months
offenses shall be satisfied by following the chronological Prision months years, 2
months and 1
order of the dates of the judgments rendered against him, correccional, and 1 months
and 1 day to 2
beginning with the first in order of time. suspension day to 4 and 1
day to 6 years
and destierro years day to 6
years. and 4
and 2 years.
Section Three. - Provisions common in the last two months.
months.
preceding sections
From 1 From 2 From 4
Article 73. Presumption in regard to the imposition of month From 1 months months
accessory penalties. - Whenever the courts shall impose a Arresto mayor and 1 to 2 and 1 and 1
penalty which, by provision of law, carries with it other day to months. day to 4 day to 6
penalties, according to the provisions of Articles 40, 41, months. months. months.
42, 43 and 44 of this Code, it must be understood that the
accessory penalties are also imposed upon the convict. From 1 From 1 From 11 From 21
Arresto menor to 30 to 10 to 20 to 30
days. days. days. days.
Article 74. Penalty higher than reclusion perpetua in
certain cases. - In cases in which the law prescribes a
penalty higher than another given penalty, without Article 77. When the penalty is a complex one composed
specially designating the name of the former, if such of three distinct penalties. - In cases in which the law
higher penalty should be that of death, the same penalty prescribes a penalty composed of three distinct penalties,
and the accessory penalties of Article 40, shall be each one shall form a period; the lightest of them shall be
considered as the next higher penalty. the minimum the next the medium, and the most severe
the maximum period.
Article 75. Increasing or reducing the penalty of fine by
one or more degrees. - Whenever it may be necessary to Whenever the penalty prescribed does not have one of the
increase or reduce the penalty of fine by one or more forms specially provided for in this Code, the periods shall
degrees, it shall be increased or reduced, respectively, for be distributed, applying by analogy the prescribed rules.
each degree, by one-fourth of the maximum amount
prescribed by law, without however, changing the
minimum. Chapter Five
EXECUTION AND SERVICE OF PENALTIES
The same rules shall be observed with regard of fines that
do not consist of a fixed amount, but are made Section One. - General Provisions
proportional.
Article 78. When and how a penalty is to be executed. - No
Article 76. Legal period of duration of divisible penalties. - penalty shall be executed except by virtue of a final
The legal period of duration of divisible penalties shall be judgment.
considered as divided into three parts, forming three
periods, the minimum, the medium, and the maximum in A penalty shall not be executed in any other form than that
the manner shown in the following table: prescribed by law, nor with any other circumstances or
incidents than those expressly authorized thereby.
TABLE SHOWING THE DURATION OF DIVISIBLE
PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR In addition to the provisions of the law, the special
PERIODS regulations prescribed for the government of the
institutions in which the penalties are to be suffered shall
be observed with regard to the character of the work to be
Penalties Time Time Time Time performed, the time of its performance, and other
incidents connected therewith, the relations of the
include convicts among themselves and other persons, the relief
included include included
d in the which they may receive, and their diet.
in its d in its in its
penalty
minimu medium maximu
in its
m period period m The regulations shall make provision for the separation of
entirety
the sexes in different institutions, or at least into different
From 12 From 14 departments and also for the correction and reform of the
From 12 From 17 convicts.
years years, 8
years years, 4
and 1 months
Reclusion and 1 months
day to and 1 Article 79. Suspension of the execution and service of the
temporal day to and 1
14 years day to penalties in case of insanity. - When a convict shall
20 day to 20
and 8 17 become insane or an imbecile after final sentence has
years. years.
months. years been pronounced, the execution of said sentence shall be
suspended only with regard to the personal penalty, the In case the minor fails to behave properly or to comply
provisions of the second paragraph of circumstance with the regulations of the institution to which he has been
number 1 of Article 12 being observed in the committed or with the conditions imposed upon him when
corresponding cases. he was committed to the care of a responsible person, or
in case he should be found incorrigible or his continued
If at any time the convict shall recover his reason, his stay in such institution should be inadvisable, he shall be
sentence shall be executed, unless the penalty shall have returned to the court in order that the same may render
prescribed in accordance with the provisions of this Code. the judgment corresponding to the crime committed by
him.
The respective provisions of this section shall also be
observed if the insanity or imbecility occurs while the The expenses for the maintenance of a minor delinquent
convict is serving his sentence. 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
Article 80. Suspension of sentence of minor delinquents. - him, if they are able to do so, in the discretion of the court;
Whenever a minor of either sex, under sixteen years of Provided, That in case his parents or relatives or those
age at the date of the commission of a grave or less grave persons liable to support him have not been ordered to
felony, is accused thereof, the court, after hearing the pay said expenses or are found indigent and cannot pay
evidence in the proper proceedings, instead of said expenses, the municipality in which the offense was
pronouncing judgment of conviction, shall suspend all committed shall pay one-third of said expenses; the
further proceedings and shall commit such minor to the province to which the municipality belongs shall pay one-
custody or care of a public or private, benevolent or third; and the remaining one-third shall be borne by the
charitable institution, established under the law of the National Government: Provided, however, That whenever
care, correction or education of orphaned, homeless, the Secretary of Finance certifies that a municipality is not
defective, and delinquent children, or to the custody or able to pay its share in the expenses above mentioned,
care of any other responsible person in any other place such share which is not paid by said municipality shall be
subject to visitation and supervision by the Director of borne by the National Government. Chartered cities shall
Public Welfare or any of his agents or representatives, if pay two-thirds of said expenses; and in case a chartered
there be any, or otherwise by the superintendent of public city cannot pay said expenses, the internal revenue
schools or his representatives, subject to such conditions allotments which may be due to said city shall be withheld
as are prescribed hereinbelow until such minor shall have and applied in settlement of said indebtedness in
reached his majority age or for such less period as the accordance with section five hundred and eighty-eight of
court may deem proper. The court, in committing said the Administrative Code.
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 Section Two. - Execution of principal penalties.
under the control and supervision of the religious sect or
denomination to which they belong. Article 81. When and how the death penalty is to be
executed. - The death sentence shall be executed with
The Director of Public Welfare or his duly authorized reference to any other and shall consist in putting the
representatives or agents, the superintendent of public person under sentence to death by electrocution. The
schools or his representatives, or the person to whose death sentence shall be executed under the authority of
custody or care the minor has been committed, shall the Director of Prisons, endeavoring so far as possible to
submit to the court every four months and as often as mitigate the sufferings of the person under sentence
required in special cases, a written report on the good or during electrocution as well as during the proceedings
bad conduct of said minor and the moral and intellectual prior to the execution.
progress made by him.
If the person under sentence so desires, he shall be
The suspension of the proceedings against a minor may anaesthetized at the moment of the electrocution.
be extended or shortened by the court on the
recommendation of the Director of Public Welfare or his Article 82. Notification and execution of the sentence and
authorized representative or agents, or the superintendent assistance to the culprit. - The court shall designate a
of public schools or his representatives, according as to working day for the execution but not the hour thereof;
whether the conduct of such minor has been good or not and such designation shall not be communicated to the
and whether he has complied with the conditions imposed offender before sunrise of said day, and the execution
upon him, or not. The provisions of the first paragraph of shall not take place until after the expiration of at least
this article shall not, however, be affected by those eight hours following the notification, but before sunset.
contained herein. During the interval between the notification and the
execution, the culprit shall, in so far as possible, be
If the minor has been committed to the custody or care of furnished such assistance as he may request in order to
any of the institutions mentioned in the first paragraph of be attended in his last moments by priests or ministers of
this article, with the approval of the Director of Public the religion he professes and to consult lawyers, as well
Welfare and subject to such conditions as this official in as in order to make a will and confer with members of his
accordance with law may deem proper to impose, such family or persons in charge of the management of his
minor may be allowed to stay elsewhere under the care of business, of the administration of his property, or of the
a responsible person. care of his descendants.

If the minor has behaved properly and has complied with Article 83. Suspension of the execution of the death
the conditions imposed upon him during his confinement, sentence. - The death sentence shall not be inflicted upon
in accordance with the provisions of this article, he shall a woman within the three years next following the date of
be returned to the court in order that the same may order the sentence or while she is pregnant, nor upon any
his final release. person over seventy 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 Article 40.
Article 84. Place of execution and persons who may 7. By the marriage of the offended woman, as
witness the same. - The execution shall take place in the provided in Article 344 of this Code.
penitentiary of Bilibid in a space closed to the public view
and shall be witnessed only by the priests assisting the Article 90. Prescription of crime. - Crimes punishable by
offender and by his lawyers, and by his relatives, not death, reclusion perpetua or reclusion temporal shall
exceeding six, if he so request, by the physician and the prescribe in twenty years.
necessary personnel of the penal establishment, and by
such persons as the Director of Prisons may authorize.
Crimes punishable by other afflictive penalties shall
prescribe in fifteen years.
Article 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 Those punishable by a correctional penalty shall prescribe
legal proceedings subsequent to the execution, be turned in ten years; with the exception of those punishable
over to the institute of learning or scientific research first byarresto mayor, which shall prescribe in five years.
applying for it, for the purpose of study and investigation,
provided that such institute shall take charge of the The crime of libel or other similar offenses shall prescribe
decent burial of the remains. Otherwise, the Director of in one year.
Prisons shall order the burial of the body of the culprit at
government expense, granting permission to be present The crime of oral defamation and slander by deed shall
thereat to the members of the family of the culprit and the prescribe in six months.
friends of the latter. In no case shall the burial of the body
of a person sentenced to death be held with pomp.
Light offenses prescribe in two months.
Article 86. Reclusion perpetua, reclusion temporal, prision
mayor, prision correccional and arresto mayor. - The When the penalty fixed by law is a compound one, the
penalties of reclusion perpetua, reclusion temporal, highest penalty shall be made the basis of the application
prision mayor, prision correccional and arresto mayor, of the rules contained in the first, second and third
shall be executed and served in the places and penal paragraphs of this article. (As amended by RA 4661,
establishments provided by the Administrative Code in approved June 19, 1966).
force or which may be provided by law in the future.
Article 91. Computation of prescription of offenses. - The
Article 87. Destierro. - Any person sentenced to destierro period of prescription shall commence to run from the day
shall not be permitted to enter the place or places on which the crime is discovered by the offended party,
designated in the sentence, nor within the radius therein the authorities, or their agents, and shall be interrupted by
specified, which shall be not more than 250 and not less the filing of the complaint or information, and shall
than 25 kilometers from the place designated. 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.
Article 88. Arresto menor. - 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 The term of prescription shall not run when the offender is
officer of the law, when the court so provides in its absent from the Philippine Archipelago.
decision, taking into consideration the health of the
offender and other reasons which may seem satisfactory Article 92. When and how penalties prescribe. - The
to it. penalties imposed by final sentence prescribe as follows:

Title Four 1. Death and reclusion perpetua, in twenty years;

EXTINCTION OF CRIMINAL LIABILITY 2. Other afflictive penalties, in fifteen years;

Chapter One 3. Correctional penalties, in ten years; with the


TOTAL EXTINCTION OF CRIMINAL LIABILITY exception of the penalty of arresto mayor, which
prescribes in five years;
Article 89. How criminal liability is totally extinguished. -
Criminal liability is totally extinguished: 4. Light penalties, in one year.

1. By the death of the convict, as to the personal Article 93. Computation of the prescription of penalties. -
penalties and as to pecuniary penalties, liability The period of prescription of penalties shall commence to
therefor is extinguished only when the death of run from the date when the culprit should evade the
the offender occurs before final judgment. service of his sentence, and it shall be interrupted if the
defendant should give himself up, be captured, should go
2. By service of the sentence; to some foreign country with which this Government has
no extradition treaty, or should commit another crime
before the expiration of the period of prescription.
3. By amnesty, which completely extinguishes the
penalty and all its effects;
Chapter Two
PARTIAL EXTINCTION OF CRIMINAL LIABILITY
4. By absolute pardon;

Article 94. Partial Extinction of criminal liability. - Criminal


5. By prescription of the crime; liability is extinguished partially:

6. By prescription of the penalty; 1. By conditional pardon;


2. By commutation of the sentence; and First. In cases of subdivisions 1, 2, and 3 of Article 12, the
civil liability for acts committed by an imbecile or insane
3. For good conduct allowances which the culprit person, and by a person under nine years of age, or by
may earn while he is serving his sentence. one over nine but under fifteen years of age, who has
acted without discernment, shall devolve upon those
having such person under their legal authority or control,
Article 95. Obligation incurred by person granted unless it appears that there was no fault or negligence on
conditional pardon. - Any person who has been granted their part.
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 Should there be no person having such insane, imbecile
result in the revocation of the pardon and the provisions or minor under his authority, legal guardianship or
of Article 159 shall be applied to him. control, or if such person be insolvent, said insane,
imbecile, or minor shall respond with their own property,
excepting property exempt from execution, in accordance
Article 96. Effect of commutation of sentence. - The with the civil law.
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. Second. In cases falling within subdivision 4 of Article 11,
the persons for whose benefit the harm has been
prevented shall be civilly liable in proportion to the benefit
Article 97. Allowance for good conduct. - The good which they may have received.
conduct of any prisoner in any penal institution shall
entitle him to the following deductions from the period of
his sentence: The courts shall determine, in sound discretion, the
proportionate amount for which each one shall be liable.
1. During the first two years of his imprisonment,
he shall be allowed a deduction of five days for When the respective shares cannot be equitably
each month of good behavior; 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
2. During the third to the fifth year, inclusive, of damages have been caused with the consent of the
his imprisonment, he shall be allowed a deduction authorities or their agents, indemnification shall be made
of eight days for each month of good behavior; in the manner prescribed by special laws or regulations.

3. During the following years until the tenth year, Third. In cases falling within subdivisions 5 and 6 of
inclusive, of his imprisonment, he shall be Article 12, the persons using violence or causing the fears
allowed a deduction of ten days for each month of shall be primarily liable and secondarily, or, if there be no
good behavior; and such persons, those doing the act shall be liable, saving
always to the latter that part of their property exempt from
4. During the eleventh and successive years of his execution.
imprisonment, he shall be allowed a deduction of
fifteen days for each month of good behaviour. Article 102. Subsidiary civil liability of innkeepers,
tavernkeepers and proprietors of establishments. - In
Article 98. Special time allowance for loyalty. - A deduction default of the persons criminally liable, innkeepers,
of one-fifth of the period of his sentence shall be granted tavernkeepers, and any other persons or corporations
to any prisoner who, having evaded the service of his shall be civilly liable for crimes committed in their
sentence under the circumstances mentioned in Article 58 establishments, in all cases where a violation of municipal
of this Code, gives himself up to the authorities within 48 ordinances or some general or special police regulation
hours following the issuance of a proclamation shall have been committed by them or their employees.
announcing the passing away of the calamity or
catastrophe to in said article. Innkeepers are also subsidiarily liable for the restitution of
goods taken by robbery or theft within their houses from
Article 99. Who grants time allowances. - Whenever guests lodging therein, or for the payment of the value
lawfully justified, the Director of Prisons shall grant thereof, provided that such guests shall have notified in
allowances for good conduct. Such allowances once advance the innkeeper himself, or the person representing
granted shall not be revoked. him, of the deposit of such goods within the inn; and shall
furthermore have followed the directions which such
Title Five innkeeper or his representative may have given them with
respect to the care and vigilance over such goods. No
liability shall attach in case of robbery with violence
CIVIL LIABILITY against or intimidation of persons unless committed by
the innkeeper's employees.
Chapter One
PERSON CIVILLY LIABLE FOR FELONIES Article 103. Subsidiary civil liability of other persons. - The
subsidiary liability established in the next preceding
Article 100. Civil liability of a person guilty of felony. - article shall also apply to employers, teachers, persons,
Every person criminally liable for a felony is also civilly and corporations engaged in any kind of industry for
liable. felonies committed by their servants, pupils, workmen,
apprentices, or employees in the discharge of their duties.
Article 101. Rules regarding civil liability in certain cases. -
The exemption from criminal liability established in Chapter Two
subdivisions 1, 2, 3, 5 and 6 of Article 12 and in WHAT CIVIL LIABILITY INCLUDES
subdivision 4 of Article 11 of this Code does not include
exemption from civil liability, which shall be enforced
subject to the following rules:
Article 104. What is included in civil liability. - The civil Article 111. Obligation to make restitution in certain
liability established in Articles 100, 101, 102, and 103 of cases. - Any person who has participated gratuitously in
this Code includes: the proceeds of a felony shall be bound to make
restitution in an amount equivalent to the extent of such
1. Restitution; participation.

2. Reparation of the damage caused; Chapter Three


EXTINCTION AND SURVIVAL OF CIVIL LIABILITY
3. Indemnification for consequential damages.
Article 112. Extinction of civil liability. - Civil liability
established in Articles 100, 101, 102, and 103 of this Code
Article 105. Restitution; How made. - The restitution of the shall be extinguished in the same manner as obligations,
thing itself must be made whenever possible, with in accordance with the provisions of the Civil Law.
allowance for any deterioration, or diminution of value as
determined by the court.
Article 113. Obligation to satisfy civil liability. - Except in
case of extinction of his civil liability as provided in the
The thing itself shall be restored, even though it be found next preceding article the offender shall continue to be
in the possession of a third person who has acquired it by obliged to satisfy the civil liability resulting from the crime
lawful means, saving to the latter his action against the committed by him, notwithstanding the fact that he has
proper person, who may be liable to him. served his sentence consisting of deprivation of liberty or
other rights, or has not been required to serve the same
This provision is not applicable in cases in which the thing by reason of amnesty, pardon, commutation of sentence
has been acquired by the third person in the manner and or any other reason.
under the requirements which, by law, bar an action for its
recovery.

Article 106. Reparation; How made. - 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.

Article 107. Indemnification; What is included. -


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.

Article 108. Obligation to make restoration, reparation for


damages, or indemnification for consequential damages
and actions to demand the same; Upon whom it
devolves. - The obligation to make restoration or
reparation for damages and indemnification for
consequential damages devolves upon the heirs of the
person liable.

The action to demand restoration, reparation, and


indemnification likewise descends to the heirs of the
person injured.

Article 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.

Article 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.