Beruflich Dokumente
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ARTICLE 24 – Measures of prevention or safety which are NOT considered penalties. The following shall
not be considered as penalties.
1. The arrest and temporary detention of accused persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their confinement in a hospital. (to see to it that the insane will
be provided sufficient treatment to gain back sanity)
2. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes
specified therein. (PD 603, ART. 192, RA 10630)
3. Suspension from the employment or public office during the trial or in order to institute proceedings.
when a person is under trial, court may suspend him from office to:
(1) to prevent him from making tago the evidence
(2) because he might perform some acts that is detrimental to the office
(3) so that he will not be able to conceal acts that will be detrimental to the prosecution
4. Fines and other corrective measures which, in the exercise of their administrative or disciplinary
powers, superior officials may impose upon their subordinates.
5. Deprivation of rights and the reparations which the civil law may establish in penal form. (in
connection with parents (accomplices) which are responsible in the corruption of their children. ART. 332
of the CC)
Afflictive penalties:
Reclusion perpetua
Reclusion temporal
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prison mayor
Correctional penalties:
Prision correccional
Arresto mayor
Suspension
Destierro
Light penalties:
Arresto menor
Public censure
ACCESSORY PENALTIES
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Suspension from public office, the right to vote and be voted for, the profession or calling
Civil Interdiction
Indemnification
Forfeiture or confiscation of instruments and proceeds of the offense
Payment of cost
1. The penalties which may be imposed, according to this Code, are those included in Article 25 only.
2. RA 9346 prohibited the imposition of death penalty, and provided for the imposition of the penalty
of reclusion perpetua in lieu of death.
3. Article 25 classifies penalties into:
1. Principal penalties – those EPRESSLY imposed by the court in the judgment of conviction
2. Accessory penalties – those that are deemed included in the imposition of the principal
penalties.
Divisible penalties are those that have fixed duration and are DIVISIBLE INTO THREE PERIODS.
1. Article 309 and 300 also provides a penalty with respect to fines, the value of said property has been
raised but the imprisonment remains the same.
2. RA 10951- only fines provided in RPC and NOT APPLICABLE TO SPECIAL LAWS.
3. Look for felonies and list down cases not amended by RA 10951.
4. Those that will be reduced must be found in RPC and if not in RC, cannot be subject to a
recommendation by a judge or Congress to lower penalties because they are special laws.
ARTICLE 27
Reclusion Perpetua - The penalty of reclusion perpetua shall be from 20 years and one day to 40 years.
Reclusion temporal- The penalty of reclusion temporal shall be from 12 years and one day to 20 years.
Prision mayor and temporary disqualification – The duration of the penalties of prison mayor and
temporary disqualification shall be from six years and one day to twelve years, except when the penalty
of disqualification is imposed as an accessory penalty, in which case, its duration shall be that of the
principal penalty.
Prison correccional, suspension, and destierro- The duration of the penalties of prison correccional,
suspension, and destierro shall be from six months and one day to six years, EXCEPT when suspension
is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.
Arresto mayor – The duration of the penalty of arresto mayor shall be from one month and one day to
six months.
Arresto menor- The duration of the penalty of arresto menor shall be from one day to thirty days.
Bond to keep the peace- The bond to keep the peace shall be required to cover such period of time as
the court may determine.
2. Temporary disqualification and suspension, when imposed as accessory penalties, have different
durations- they follow the duration of the principal penalty.
4. Bond to keep the peace is not specifically provided as a penalty for any felony and therefore cannot be
imposed by the court.
5. Fines may be imposed as an alternative or specific- Court can impose a fine and imprisonment or vice
versa- Court cannot make it an alternative penalty.
6. In penalties not in connection with the Revised Penal Code, they are considered as ADMINISTRATIVE
PENALTIES and NOT CRIMINAL PENALTIES.
7. Positivist theory- rehabilitation kaya na- amend ang Article 27.
8. Powers of the Pres- ABSOLUTEPARDON. Pres may also grant pardon EVEN IF simple or personal or
computation of sentence in relation to the grant of the sentence.
9. President and Parole Com, CANNOT grant to someone with reclusion perpetua.
10. SIMPLE PARDON- does not carry with it the accessory penalty imposed upon the offender.
11. If X was granted by Pres a simple pardon, ACCESSORY PENALTIES will still REMAIN.
12. Only ABSOLUTE PARDON will remove ALL PENALTIES.
13. What is the remedy of the President to lessen penalty time jail>
- community sentence (same with life imprisonment)
14. PEOPLE VS CASTRO
-age 17, recruitment, was sentenced to life imprisonment- ca affirmed- sc raising an issue of
mitigating that she was only 16 years old during the commission of the crime, SC said although life
imprisonment and minor, cannot mitigate kasi life imprisonment cannot be mitigated and cannot be lower
to 1 degree- sinugget to the President na I- lower.
15. RECLUSION TEMPORAL – memorize article 76 of the RPC
-different from reclusion perpetua in the sense that reclusion perpetua CANNOT BE DIVIDED
-temporal may be minimum, medium, maximum eriod
16. PRISON MAYOR- 6 to 12 years afflictive penalty
17. SUSPENSION- only a penalty that prevents a person from the following:
- suspension from public office
- engaging from lawful calling or profession (lawyer, doctor)
-SC grants the suspension to a lawyer, OTHER PROFESSIONS- Professional Regulations
Commissions
-every public officer or employee may be suspended from performing his occupation
-depends on the gravity that the employee committed.
-SUSPENSION does not require deprivation of liberty- ONLY deprivation of occupation
-must always be a strict penalty – NO MINIMUM OR MAXIMUM
18. AFFLICTIVE PENALTY – minimum, medium, max- inflicts pain and suffering to the offender and to his
friends, family, ad society as well.
19. DESTIERRO
-vanishment of a particular person which has been fixed by court
HOW MANY KINDS OF DESTIERRO MAY BE IMPOSED BY COURTS:
1. for a brief period- to live a (fixed) particular phase
EX. Court may say that a person CANNOT ENTER the province of Bulacan
2. when the court fixes a radius of not more than 300 km or not less than 25 km??
(CLARIFY) – requiring the offender not to enter the radius- must be measured by straight lines- choice of
judges
-in the event that destierro is violated, crime violated is EVASION OF VIOLATION OF SENTENCE
-principal destierro – imprisonment is principal and not accessory penalty
21. cash bond- during arraignment, he must be present to enter his plea
22. remedy with respect to identification- his lawyer, must admit that the person is posting bail
23. property bonds- what you have to present to the court is certificate of title of land or tax declaration
with receipts of payment
24. When does a judgment becomes final and executory?
Depends on the court. If no appeal or motion of reconsideration, RTC judgement becomes final
and executory. Judgment will be entered in the criminal docket and clerk of court will issue the finality of
judgment.
-if the judgment came from Sandiganbayan and Courts of Tax Appeals- same lang din sa
RTC bcos they are both trial courts and not appellate courts.
1. When the offender is in prison- the duration of temporary penalties is from the day on which the
judgment of conviction becomes final.
2. When the offender is not in prison- the duration of penalty consisting in deprivation of liberty, is from
the day that the offender is placed at the disposal of judicial authorities for the enforcement of the
penalty.
3. The duration of other penalties- the duration is from the day on which the offender commences to
serve his sentence.
*If offender is under detention, as when he is undergoing preventive imprisonment, rule 1 shall apply. If
NOT UNDER DETENTION, because the offender has been released on bail, rule3 applies.
Offenders or accused who have undergone preventive imprisonment shall be credited in the service of
their sentence consisting of deprivation of liberty, with the full time during which they have undergone
preventive imprisonment if the detention prisoner agrees voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted prisoners, except in the following cases:
1. When they are recidivists, or have been convicted previously twice or more times of any a
crime; and
2. When upon being summoned for the execution of their sentence they have failed to
surrender voluntarily.
If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon
convicted prisoners, he shall be credited in the service of his sentence with four- fifths of the time during
which he has undergone preventive imprisonment.
Whenever an accused has undergone preventive imprisonment for a period equal to or more
than the possible maximum imprisonment of the offense charged to which he may be sentenced and
his case is not yet terminated, HE SHALL BE RELEASE IMMEDIATELY WITHOUT PREJUDICE TO THE
CONTINUATION OF THE TRIAL THEREOF OR THE PROCEEDING ON APPEAL, if the same is under review.
In case the maximum penalty to which the accused may be sentenced is detierro, he shall be released
after 30 days of preventive imprisonment.
2. The full time or fourth- fifths of the time during which offenders have undergone preventive
imprisonment shall be deducted from the penalty imposed.
3. Must preventive imprisonment be considered in perpetual penalties?
This allowance should be made even in the case of PERPETUAL PUNISHMENT. This article does
not make any distinction between temporal and perpetual penalties. Thus, even if the accused is
sentenced to life imprisonment, he is entitled to the full time or 4/5 of the time of the preventive
imprisonment.
4. The credit is given in the service of the sentences “consisting of deprivation of liberty.”
Thus, if the offense for which the offender is undergoing preventive imprisonment is punishable
by imprisonment or a fine, and upon conviction the court imposed on him only a fine, there is no credit
to be given.
5. Convict to be released immediately if the penalty imposed after trial is less than the full time or four-
fifths of the time of the preventive imprisonment.
6. Accused shall be released immediately whenever he has undergone preventive imprisonment for a
period equal to or more than the possible maximum imprisonment for the offense charged.
7. The following offenders are NOT entitled to be credited with the full time or four- fifths of the time of
preventive imprisonment.:
8. A HABITUAL DELIQUENT IS NOT ENTITLED to the full time or 4/5 of the time of preventive imprisonment,
because a habitual delinquent is necessarily a recidivist or that at least he has been “convicted previously
twice or more times of any crime.”
The penalties of perpetual or temporary absolute disqualification for public office shall produce the
following effects:
1. The deprivation of the public offices and employments which the offender may have held, even if
conferred by popular election.
2. The deprivation of the right to vote in any election for any popular elective office or to be elected to
such office.
3. The disqualification for the offices or public employments and for the exercise of any of the rights
mentioned.
4. The loss of all rights to retirement pay or other pension for any office formerly held.
1. Applicable as long as covered by RPC and special laws including those relevant to their office.
2. Perpetual absolute disqualification – FOR LIFE
3. Perpetual temporary disqualification – FOR TERM ONLY (service of sentence)
4. “loss of retirement benefits” only deals with PENSION together with his retirement pay (retirement pay
is the basis of his pension), the person is still entitled to other benefits like:
a. value of his accumulated leaves – vacation and sick leaves – including those already earned
by him during his time in office like LONGEVITY PAY (20% of his salary for every month he served the
government.
5. A person is absolutely disqualified if penalty is more than 18 months – he or she is perpetually and
absolutely disqualified to exercise suffrage
6. What if the conviction of accused was sent by the Courts to COMELEC so that his name in the voting
process shall be disqualified? (in re: public office)
Judge Pi’s opinion: The professions shall not be affected my conviction UNLESS it is prescribed
by the decision of Court that his suspension is not disqualifying him to exercise his or her profession, he
can exercise.
The penalties of perpetual or temporary special disqualification for public office, profession, or calling
shall produce the following effects:
1. In Article 31, profession, calling, and office – disqualification is only during the term of his employment
and may only be imposed if his offense is afflictive.
**
ARTICLE 32 – Effects of the penalties of perpetual or temporary special disqualification for the exercise
of the right of suffrage
The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive
the offender perpetually or during the term of the sentence, according to the nature of said penalty, of
the right to vote in any popular election of public office or to be elected to such office. Moreover, the
offender shall not be permitted to hold any public office during the period of his disqualification.
**
ARTICLE 33- Effects of the penalties of suspension from any public office, profession, or calling, or the
right of suffrage
The suspension from public office, profession, or calling, and the exercise of the right of suffrage shall
disqualify the offender from holding such office or exercising such profession or calling or right of
suffrage during the term of the sentence. (to preserve purity of election)
The person suspended from holding public office shall not hold another having similar functions during
the period of his suspension.
**
Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental
authority, or guardianship, either as to the person or property of any ward, of marital authority, of the
right to manage his property, and of the right to dispose of such property by any act or any conveyance
inter vivos.
1. Civil interdiction only applies if sentence is indivisible (only during his sentence)
2. Civil interdiction- an accessory penalty in life imprisonment because in accordance with the principles
of life imprisonment, person has to serve his sentence for life. For purposes of pardon, either simple,
absolute or conditional, or even amnesty, the Court has been informed by the by legislative department
of the enactment of RA 9346 (search and read 9346)
3. may be perpetual or temporal, it is perpetual when the person is sentenced to reclusion perpetua and
it is temporal if his sentence is up to 20 years (maximum)
4. Donation and will – 2 ways of transferring property to take effect after sentence.
5. In Reclusion perpetua, you CANNOT transfer property and if transfer is unlawful- null and void.
6. RA 4245
7. Person is NOT entitled to parole if penalty is reclusion perpetua or death. (RA 9346)
**
It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient
sureties who shall undertake that such person will not commit the offense sought to be prevented, and
that in case such offense be committed they will pay the amount determined by the court in its
judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said
undertaking.
The court shall determine, according to its discretion, the period of duration of the bond.
Should the person sentenced fail to give the bond as required he shall be detained for a period which
shall in no case exceed six months, if he shall have been prosecuted for a grave or less grave felony, and
shall not exceed thirty days, if for a light felony.
1. BOND TO KEEP THE PEACE - general bond that can be imposed by Court
2. BOND TO KEEP THE PEACE (offender shall impose 2 sureties) – to prevent him from committing the
offense which the court sought to be prevented.
3. Cash bond- court fixes the amount (other charges: judiciary development bond)
4. Property bond – only 1 will be posted. However, if posted as property bond, you must pay all taxes in
due and such payment must be included in the tax declaration. Here, you must have title and evidence of
paying taxes (receipts, etc)
5. Personal pay bond – bond posted by a non- life insurance company authorized by Court. Here, there is
little to no liabilities. If may error, it must be construed in favour of the government.
6. In Reclusion Perpetua, there is NO NEED for bond to keep the peace since he or she is always in jail.
**Perpetual absolute disqualification is EFFECTIVE during the LIFETIME of the CONVICT AND EVEN AFTER
THE SERVICE IF THE SENTENCE.
**Temporary absolute disqualification – lasts during the term of the sentence, and is removed after the
service of the same EXCEPT
1.) deprivation of public office or employment;
2.) loss of all rights to retirement pay or other pension for any office formerly held.
2.) The penalties of perpetual or temporary special disqualification for public office, profession or calling
produce the following effects: ARTICLE 31
a.) Deprivation of the office, employment, profession, or calling affected
b.) Disqualification for holding similar offices or employments perpetually or during the term of the
sentence.
3.) The penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage
produce the following effects: ARTICLE 32
a.) Deprivation of the right to vote or to be elected to any public office
b.) Cannot hold any public office during the period of disqualification
4.) The penalties of suspension from public office, profession or calling or the right of suffrage produce
the following effects: ARTICLE 33
a.) Disqualification from holding such office or exercising such profession or calling or right of
suffrage during the term of the sentence.
b.) If suspended from public office, the offender cannot hold another office having similar functions
during the period of suspension.
NOTE: But he can dispose of such property by will or donation mortis causa.
NOTE: Bond to keep the peace is DIFFERENT FROM bail bond which is posted for the provisional
release of a person arrested for or accused of a crime.
1. To preserve the purity of elections- the presumption is that one rendered infamous by conviction of
felony is UNFIT to exercise the privilege of suffrage or to hold office.
2. The accessory penalty of TEMPORARY ABSOLUTE DISQUALIFFICATION disqualifies the convict for public
office and for the right to vote, such disqualification to LAST ONLY DURING THE TERM OF THE SENTENCE.
3. PERPETUALLY- refers to the perpetual kind of special disqualification
4. “during the term of the sentence” – refers to the temporary special disqualification.
A pardon shall not work the restoration of the right to hold public office, or the right to suffrage, UNLESS
such rights be expressly restored by the terms of the pardon.
A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him
by the sentence. (EX. Estrada, Robin Padilla – did not remit accessory – reclusion perpetua)
FACTS: Oscar Castelo, was designated to act as Secretary of National Defense in addition to his
duties in the Justice Department.
Due to his feud with Senator Claro M. Recto,resulting to various charges against him, he told his
bodyguard, Ben Ulo that Monroy,being the witness of Recto must be killed. Thereafter, Ben Ulo
gathered his "boys" and went to Pasay looking for Monroy. At the time Ben Ulo was giving last-minute
instructions to his "boys", Manuel P. Monroy was unconcernedly playing "mahjong" at his apartment.
After Ben Ulo had left and pursuant to his instructions, Scarface, De Jesus, Gonzales, Enriquez and
Realista walked along David Street. Scarface who was supposed to be the triggerman, showed some
hesitation, so De Jesus entered the pasillo and went towards the apartment where Monroy was
playing. De Jesus suddenly fired three successive shots at Monroy. He was taken to the hospital
where he soon died. The NBI in cooperation of Manila Police gathered confessions from the “boys” of
Ben Ulo however, Ben Ulo denied his involvement to the crime. All these statements or confessions
relate, with some variations as to minor details, the story of the assassination, the motives thereof and
the names of the raiding parties.
Appellants set up the defense of alibi, even as they claimed that the statements they gave to the NBI
and the Manila Police had been extorted from them by means of violence, and that the contents thereof
were not true.
HELD: The defense of alibi set up by Miray, Gonzales, Enriquez, Hipolito and De Jesus deserves little
attention for its flimsiness, bearing in mind that Manila is just 15 to 20 minutes drive to the scene of
the crime. Besides, it contradicts their individual confessions wherein each mutually names one
another as his partner in crime, each describing his own participation therein, and each corroboration
or supplementing one another's narration of material facts, and all mentioning Ben Ulo as their leader.
Those confessions unfurl a picture of conspiracy amongst themselves and other persons to snuff out
the life of Monroy, De Jesus actually firing the fatal shots and the others lending him support while
posted at strategic places.
In the absence of collusion among the declarants, their confessions should be read together, in order
to form a complete picture of the whole situation, and to consider them collectively merely as
corroborative and/or confirmatory of the evidence independent therefrom.
Henceforth,the accused are convicted for murder — qualified by premeditation — all the herein
accused-appellants is affirmed. There are aggravating circumstances, like nighttime, aid of armed
men, etc.
PEOPLE VS JALOSJOS
Facts:
Romeo G. Jalosjos is a full-fledged member of Congress who is now confined at the national penitentiary
while his conviction for statutory rape on two counts and acts of lasciviousness on six counts is pending
appeal. Jalosjos, filed a motion asking that he be allowed to fully discharge his duties of a Congressman
including attendance at legislative sessions and committee meetings despite his having convicted in the
first instance including of a non-bailable offense.
Jalosjos argument is the mandate of sovereign will which he states that he was re-elected as Congressman
of Firs District of Zamboanga del Norte by his constituents in order that their voices will be heard and
since the accused-appellant is treated as bona fide member of the House of Representatives, the latter
urges co-equal branch of government to respect his mandate.
Issue:
Whether or not accused-appellant, Romeo G. Jalosjos, be allowed to discharge his mandate as member
of the House of Representatives.
Held:
No. The immunity from arrest or detention of Senators or members of the House of Representatives arises
from a provision of the Constitution and shows that this privilege has always been granted in a restrictive
sense.
It is true, that election is the expression of the sovereign power of the people. However, the rights and
privileges from being elected as public official may be restricted by law. Privilege has to be granted by law,
not inferred from the duties of a position, the higher the rank the greater the requirement of obedience
rather that exemption.
The accused-appellant Romeo Jalosjos has not given any reason why he should be exempted from the
operation of Section 11 Article VI of the Constitution. The members of Congress cannot compel absent
members to attend sessions if the reason for the abuse is a legitimate one. The confinement of a
Congressman with a crime punishable imprisonment by more than six (6) months is not merely authorized
by law, has constitutional foundations. Allowing Jalosjos to attend in Congressional sessions and meetings
for five (5) days in a week which will make him a free man with all the privileges and would make his status
to that of a special class, it also would be a making of the purpose of the correction system.
Costs shall include the fees and indemnities in the course of the judicial proceedings, whether they be
fixed or unalterable amounts previously determined by law or regulations in force, or amounts not
subject to schedule.
1. Costs are chargeable to the accused in case of conviction. In case of ACQUITTAL, the costs are de oficio,
each party bearing his own expenses.
2. No costs against the Republic, unless the law provides the contrary.
3. Payment of costs is a matter that rests entirely upon the discretion of courts.
4. No docket fees for criminal cases.
5. Reparation of damages- pay the damages that you’ve done
6. Indemnification of consequential damages – actual damages and according to Judge Pi is very cheap
7. Indemnification – moral damages (75K)
8. Exemplary damages
9. Consequential damages – includes loss of future income (depends upon the age of the person)
Exceptional case decided by SC:
There was this graduating medical student, a consistent DL, and running for cum
laude. He was killed. Family is asking for loss of future income ALTHOUGH he’s still a student at the time
he was killed. Parents’ argument stated that since he is a consistent DL, running for laude, and is enrolled
in a prestigious school, there is a huge chance that we will top the board exams and be a successful doctor.
SC AFFIRMED.
CASE OF OJ SIMPSON
Facts:
On the night of June 12, 1994, Nicole Brown Simpson, ex-wife of OJ Simpson and her friend Ron Goldman
were found murdered between the time of 10-12 PM in front of Nicole’s own home. Both had been
stabbed to death and showed the signs of defensive wounds on their hands and forearms.
After several days of investigation, many crucial DNA samples of pieces of evidence found at the scene of
the crime had been analyzed which lead police to OJS as their prime suspect.
OJ was the former American football star, actor and sport commentator. He travelled to Chicago on the
night of murder, so police contacted him and informed about the murder and he rushed home. As police
were on the way to arrest him, he got into the friend’s car lead police on a chase. He was in back seat with
a gun pointing stating that he was going to kill himself. After several hours, the chase finally ended with
police vehicles and 15 helicopters involved in the chase when he surrendered at his home to police.
After arrest OJ was put on trial and all of the pieces of evidence seemed to point to him being responsible
for murder. He had no alibi, and he even changed his story several times.
Prosecution arguments:
The prosecution arguments and the pieces of evidence which made OJ Simpson responsible for murder
were:
a) Blood samples from the crime scene, blood found on the outside, doors, steering wheel, and carpets of
his vehicle that matched Simpon’s DNA.
b) Trace amounts of blood found in a rare imported size, 12 shoe prints near the bodies. OJ owned a
similar pair
c) Glove matching the DNA and blood of Nicole, Ronald and OJ.
d) Hairs consistent with that of OJ found on Ronald shirt.
e) OJS middle finger of left hand was found cut after the day of murder.
f) OJ had previously been involved in domestic violence incident with Nicole Brown.
g) His driver, Alan Park, testified that OJ was not home at time of murder.
The prosecution used the DNA evidence and OJ’s weak alibi as their main arguments for the case.
Defense arguments:
“The Dream Team”, the defense team hired, available by best lawyers and experts of the country gave
the following strong arguments:
a) The pieces of DNA evidence were not accurate and reliable due to errors made by cops collecting
evidence.
b) Leading criminalist Dennis Fung admitted to not wearing rubber gloves while collecting evidence as well
as having “missed a few drops of blood on the fence by the bodies” and only returning to the crime scene
weeks later to collect the evidence.
c) Prosecution argued OJS middle finger of left hand was cut during the fight with Goldman but defendants
counter replied there is no fight in the gloves.
d) “If the glove doesn’t fit, you must acquit” was a phrase coined by one of Simpon’s lawyers when the
glove found on scene, supposedly the murderer, did not fit OJ.
Jury Selection:
The first jury selected after 10 weeks was dismissed because of unusual media broadcast. So, final jury
comprised with 9 black, 2 white and 1 Hispanic, of them 10 women, 2 men and 1 Hispanic was selected.
In case the property of the offender should not be sufficient for the payment of all his pecuniary
liabilities, the sae shall be met in the following order:
1. The reparation of the damage caused
2. Indemnification of the consequential damages
3. The fine
4. The costs of the proceedings.
ARTICLE 39
1. If the penalty imposed is prision correccional or arresto and fine- subsidiary imprisonment, not to
exceed 1/3 of the term of the sentence, and in no case to continue for more than one year. Fraction or
part of a day, not counted.
2. When the penalty imposed is fine only- subsidiary imprisonment, not to exceed 6 months, if the culprit
is prosecuted for grave or less grave felony, and not to exceed 15 days, if prosecuted for light felony.
3. When the penalty imposed is higher than prision correctional – NO SUBSIDIARY IMPRISONMENT.
4. If the penalty imposed is NOT to be executed by confinement, but fixed duration- subsidiary penalty
shall consist in the same deprivations as those of the principal penalty, under the same rules as in Nos. 1
2 and 3 above.
5. In case the financial circumstances of the convict SHOULD IMPROVE, he shall pay the fine,
notwithstanding the fact that the convict suffered subsidiary personal liability therefor.
1. Article 39 applies only when the convict has no property with which to meet the fine mentioned in
paragraph 3 of Article 38.
2. The convict who has property enough to meet the fine and not exempt from execution, cannot choose
to serve the subsidiary penalty, instead of paying for the fine.
3. A fine, whether imposed as a single or as an alternative penalty, should not and cannot be reduced or
converted into a prison term
4. Subsidiary penalty IS NOT an accessory penalty.
5. For subsidiary penalty to be imposed, it must be:
a.) prision correctional
b.) arresto mayor
c.) arresto menor
d.) suspension
e.) destierro
f.) fine only
6. No subsidiary penalty if/ in the following cases:
a.) prision mayor
b.) reclusion temporal
c.) reclusion perpetua
d.) when the penalty imposed is higher than prision correccional
e.) for failure to pay the reparation of the damage caused, indemnification of the consequential
damages, and the costs of the proceedings.
f.) when the penalty imposed is fine and a penalty not to be executed by confinement in a penal
institution and which has no fixed duration.
7. Additional penalty for habitual delinquent should be included in determining whether or not subsidiary
penalty should be imposed.
8. When the penalty prescribed for the offense is imprisonment, it is the penalty actually imposed by the
Court, not the penalty provided for by the Code, which should be considered in determining whether or
not subsidiary penalty should be imposed.
9. The convict who served subsidiary penalty MAY STILL be required to pay the fine.
10. Subsidiary imprisonment IS NOT imprisonment for debt.
11. Subsidiary imprisonment, like accessory penalties, not essential in determining jurisdiction.
ARTICLE 40 – Death – Its accessory penalties
*Irrelevant since it is already repealed by RA 9346.
The penalty of arresto shall carry with it that of suspension of the right to hold office and the right of
suffrage during the term of the sentence.
Every penalty imposed for the 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.
Such proceeds and instruments or tools shall be confiscated and forfeited in favour of the Government,
unless they be the property of a third person not liable for the offense, but those articles which are not
subject of lawful commerce shall be destroyed.
Outline of Article 45
1. Every penalty imposed carries with it the forfeiture of the proceeds of the crime and the instruments
or tools used in the commission of the crime.
2. The proceeds and instruments or tools of the crime are confiscated and forfeited in favour of the
Government.
3. Property of a third person not liable for the offense, is not subject to confiscation and forfeiture.
4. Property not subject of lawful commerce (whether it belongs to the accused or to third person) shall
be destroyed.
NOTES:
1. Courts cannot order the confiscation of property belonging to a third person IF THE LATTER IS NOT
INDICTED. (charged with a crime)
2. Instruments of the crime belonging to innocent third person may be recovered.
3. Confiscation can be ordered only if the property is submitted in evidence or placed at the disposal of
the court.
4. Confiscation and forfeiture are additional penalties.
5. When the accused has appealed, confiscation and forfeiture not ordered by the trial court, may be
imposed by the appellate court.
The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the
commission of such felony.
Whenever the law prescribes a penalty for a felony in general terms, it shall be understood as applicable
to the consummated felony.
NOTES:
1. General rule – The penalty prescribed by law in general terms shall be imposed:
a.) upon the principals
b.) for consummated felony
2. Exception – when the law fixes a penalty for frustrated or attempted felony.
3. Graduation of penalties by degrees – refers to STAGES OF EXECUTION (consummated, frustrated, or
attempted) and to the DEGREE of the criminal participation of the offender (whether as principal,
accomplice, or accessory).
4. Division of a divisible penalty – 3 periods (maximum, medium, and minimum) refers to the proper
period of the penalty which should be imposed when aggravating or mitigating circumstances attend the
commission of the crime.
ARTICLE 47 – In what cases the death shall not be imposed; Automatic review of death penalty cases.
(Irrelevant since death penalty is no longer observed)
**
When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary
means for committing the other, the penalty for the most serious crime shall be imposed, the same to
be applied in its maximum period.
NOTES:
1. At least 2 crimes must be committed. BUT the 2 or more grave or less grave felonies must be the result
of a single act, or an offense must be a necessary means for committing the other. When the offender
executes various acts, HE MUST HAVE A SINGLE PURPOSE. A
2. A complex crime IS ONLY ONE CRIME. The offender has only one criminal intent. Even in the case where
an offense is a necessary means for committing the other, the evil intent of the offender is only one.
HENCE, there is only ONE PENALTY IMPOSED for the commission of a complex crime.
2 kinds of complex crimes: (but ordinarily, both are referred to as a complex crime)
1. COMPOUND CRIME – when a single act constitutes two or more grave or less grave felonies (the
offenses involved should be either both grave or both less grave, or one of them a grave felony and the
other less grave)
2. COMPLEX CRIME PROPER – when an offense is a necessary means for committing the other.
3. “When a single act constitutes two or more grave or less grave felonies.”
Requisites:
1. That only a SINGLE ACT is performed by the offender.
2. That the single act produces (1) two or more grave felonies, or (2) one or more grave and
one or more less grave felonies, or (3) two or more less grave felonies.
4. Light felonies produced by the same act should be treated and punished as separate offenses or may
be absorbed by the grave felony.
a.) several light felonies resulting from one single act – NOT COMPLEX (in a collision between
two automobiles driven in a careless and negligent manner, resulting in the slight physical injuries of the
passengers and the light felony of damage to property, there is no complex crime, because the crime of
slight physical injuries, as well as that of damage to property, is a light felony.
b.) When the crime is committed by force or violence, SLIGHT PHYSICAL INJURIES ARE
ABSORBED.
Where the person in authority or his agent, who was attacked while in the
performance of his duty, suffered slight physical injuries only, the crime of slight
physical injuries is absorbed in the crime of direct assault.
When in the commission of rape, slight physical injuries are inflicted on the girl’s
genital organ, the crime of slight physical injuries is absorbed in the crime of rape.
(because the slight physical injuries are the necessary consequence of the force or
violation inherent in the crimes of direct assault and rape.
6. Rape with homicide is a special complex crime NOT covered by Article 48.
7. When in obedience to an order several accused simultaneously shot may persons, without evidence
how many each killed, there is only a single offense, there being a single criminal impulse.
8. When there is no evidence as to how many wounds the victims receives and it is within the scope of
possibility that they were killed by one and the same missile as they were riding astride the same carabao,
and they were shot by the accused in that position, in the absence of a showing that the victims died from
more than one bullet, the crime should be classified as a complex crime of double murder. (This ruling is
APPLICABLE ONLY WHEN THERE IS NO EVIDENCE as to how many wounds the victims received and there
is a possibility that they were killed by one and the same missile. THUS, when two victims received more
than one bullet wound, and they were not close to each other when fired at, and their bodies were found
in different places, the ruling is not applicable.
9. There is NO COMPLEX CRIME of arson with homicide under Article 48.
10. Complex crimes are applicable to crimes through negligence. (Thus, a municipal mayor who
accidentally discharged his revolver during a school program, killing a girl and injuring a boy requiring
medical attendance, was found guilty of a complex crime of homicide with less serious physical injuries
through reckless imprudence.)
11. Theft of firearm and illegal possession of same firearm do not form a complex crime – they are two
distinct crimes.
12. “When an offense is necessary means for committing the other.”
Requisites:
That at least two offenses are committed. (EX. Falsification of a public document by an
accountable officer (altering the duplicate of the cedulas already issued to the other persons by
erasing the names originally written thereon and writing in their places new names) is an offense
which is necessary to commit malversation, which is another offense.
That one or some of the offenses must be necessary to commit the other.
That both or all the offenses must be punished under the same statute.
13. Subsequent acts of intercourse, after forcible abduction with rape, are separate acts of rape.
14. No complex crime when trespass to dwelling is a direct means to commit a grave offense.
15. No complex crime, when one offense is committed to conceal the other. (EX. After committing
homicide, the accused, in order to conceal the crime, set fire to the house where it had been
perpetrated. – Setting fire to the house is arson. But in this case, neither homicide nor arson was
necessary to commit the other.
16. When the offender had in his possession the funds which he misappropriated, the falsification of
a public or official document involving said funds is a separate offense.
17. No complex crime where one of the offense is penalized by a special law.
18. Illegal possession of firearm is NOT a necessary means to commit homicide.
19. Illegal possession of firearm, when considered a special aggravating circumstance.
20. There is no complex crime of rebellion with murder, arson, robbery, or other common crimes.
21. When two crimes produced by a single act are respectively within the jurisdiction of two courts of
different jurisdiction, the court of higher jurisdiction shall try the complex crime.
22. The penalty for a complex crime is the penalty for the most serious crime, the same to be applied
in its maximum period. (When two felonies constituting a complex crime are punishable by
imprisonment and fine, only the penalty of imprisonment should be imposed.)
23. Article 48 applies only to cases where the Code does not provide a definite specific penalty for a
complex crime.
24. One information should be filed when a complex crimes is committed.
25. When a complex crimes is charged and one offense is NOT PROVEN, the accused can be convicted
of the other.
26. Article 48 DOES NOT apply when the law provides one single penalty for special comples crimes.
27. PLURALITY OF CRIMES – Plurality of crimes consists in the successive execution by the same
individual of different criminal acts upon any of which no conviction has yet been declared.
KINDS OF PLURALITY OF CRIMES
1. formal plurality
2. real or material plurality
*Article 48 provides for two cases of formal or ideal plurality of crimes. There is but one criminal
liability in this kind of plurality.
In real or material plurality, there are different crimes in law as well as in the conscience of
the offender. In such cases, the offender shall be punished for each and every offense that he
committed. (EX. A stabbed B with a knife. Then, A also stabbed C. There are two crimes
committed. Note that there are two acts performed.)
29. A person committing multiple crimes is punished with ONE penalty in the following cases:
When the offender commits any of the complex crimes defined in Article 48
When the law specifically fixes a single penalty for two or more offenses committed.
When the offender commits continued crimes.
30. CONTINUED CRIME – A CONTINUED CRIME IS NOT A COMPLEX CRIME. a continued (continuous or
continuing) crime is a single crime, consisting of a series of acts but all arising from one criminal resolution.
A continuing offense is a continuous, unlawful act or series of acts set on foot by a single impulse and
operated by an unintermittent force, however long a time it may occupy. Although there is a series of
acts, there is only one crime committed. Hence, only one penalty shall be imposed.
EXAMPLES – pages 683- 685 of book.
31. A continued crime is different from a transitory crime in criminal procedure to determine venue. An
example of transitory crime, also called a “moving crime” is kidnapping a person for the purpose of
ransom, by forcibly taking the victim from Manila to Bulacan where ransom was demanded. The offenders
could be prosecuted and tried either in Manila or in Bulacan.
32. When a transitory crime is committed, the criminal action may be instituted and tried in the court of
the municipality, city or province wherein any of the essential ingredients thereof took place. The
singleness of the crime, committed by executing two or more acts, is NOT CONSIDERED.
The penalty next lower in degree than that prescribed by law for the consummated felony shall be
imposed upon the principals in a frustrated felony.
ARTICLES 51 TO 57
DIAGRAM OF THE APPLICATION OF ARTICLE 50 – 57
0- represents the penalty prescribed by law in defining a crime, which is to be imposed on the principal in
a consummated offense, in accordance with the provisions of Article 46. The other figures represent the
degrees to which the penalty must be lowered, to meet the different situations anticipated by law.
I
PRINCIPAL CONSUMMATED
I I
ACCOMPLICE FRUSTRATED
II II
ACCESSORY ATTEMPTED
NOTES:
1. Articles 50 to 57 shall NOT APPLY to cases where the law expressly prescribes the penalty for a
frustrated or attempted felony, or to be imposed upon accomplices or accessories.
2. What are the bases for the determination of the extent of penalty to be imposed under the Revised
Penal Code?
The stage reached by the crime in its development (either attempted, frustrated or
consummated)
The participants therein of the persons liable.
The aggravating or mitigating circumstances which attended the commission of the crime.
In the different stages of execution in the commission of the crime and in the participation therein of the
persons liable, the penalty is graduated by degree.
3. DEGREE- one entire penalty, one whole penalty, or one unit of the penalties enumerated in the
graduated scales provided for in Article 71.
When there is mitigating or aggravating circumstances, the penalty is lowered or increased by
period only, except when the penalty is divisible and there are two or more mitigating and without
aggravating circumstances, in which case the penalty is lowered by degree.
4. PERIOD- minimum ,medium, maximum
5. A period of a divisible penalty, when prescribed by the Code as a penalty for a felony, is in itself a degree.
ARTICLE 58- Additional penalty to be imposed upon certain accessories (under paragraph 3 of Article
19)
NOTES:
1. Article 58 deals with COMPLEX CRIMES
2. Applies only to public officers who abused their public functions.
ARTICLE 59 – Penalty to be imposed in case of failure to commit the crime because the means employed
or the aims sought are impossible (IMPOSSIBLE CRIMES)
NOTES:
1. 2 classes of impossible crimes- PHYSICAL (killed in the bedroom cases) and LEGAL (watch)
2. Basis for imposition of proper penalty:
Social danger
Degree of criminality shown by the offender
3. Inadequate impossible crime (Judge Pi’s example of cyanide – fisherman)
4. Ineffectual means IN RE: impossible crimes – there is no provision in the law that punishes a person
because of ineffectual means (EX. coffeemate as poison)
Furnishing the place for the perpetration of the crime is ordinarily the act of an accomplice.
3. In certain crimes, the participation of the offender is that of an accessory because he perpetrates the
act after someone has committed counterfeiting or falsification. But the penalty for the act perpetrated
is one degree lower instead of two degrees lower in the following crimes:
1. Knowingly using counterfeited seal or forged signature or stamp of the President (penalty
shall only be 1 degree lower from the principal.
2. Illegal possession and use of a false treasury or bank note (regardless of the amount because
the act itself is punished)
3. Using a falsified document.
4. Using a falsified dispatch. (EX. messages- telegraphic message, wireless message, by
respected companies or institutions)
4. The divisible penalties are DIVIDED INTO THREE PERIODS – minimum, maximum, medium
5. Penalty imposed by RA 10951 in re: excessive fines – according to Judge Pi, Congress did not consider
the persons experiencing extreme poverty in imposing the law.
6. Examples. 702- 706.
7. Simplified rules:
If the penalty prescribed by the Code consists in 3 periods, corresponding to different divisible
penalties, the penalty next lower in degree is the penalty consisting in the three periods down in
the scale.
If the penalty prescribed by the Code consists in 2 periods, the penalty next lower in degree is the
penalty consisting in 2 periods down in the scale.
If the penalty prescribed by the Code consists in only ONE PERIOD, the penalty next lower in
degree is the next period down the sale.
8. If the given penalty is composed of 1, 2, or 3 periods, the penalty next lower in degree should begin
where the given penalty ends, because otherwise, if it were to skip over intermediate ones, it would be
lower but NOT next lower in degree.
9. Mitigating and aggravating circumstances are DISREGARDED in the application of the rules for
graduating penalties.
ARTICLE 62- Effects of the attendance of mitigating or aggravating circumstances and of habitual
delinquency
NOTES:
1. Habitual delinquency is NOT a crime but it carries with it additional penalty.
It carries a real penalty that determines the jurisdiction of the court.
EX. Afflictive penalties- RTC and MTC
Paragraph 2
EX. If Aggravating and mitigating circumstance are BOTH present:
1.) Determine first if capable of offsetting – EX. Generic and specific aggravating circumstance may be the
only ones that can offset.
2.) Ordinary mitigating circumstances – only ones that can be offset.
ARTICLE 65
NOTES:
1. If penalty is composed of 2 periods:
If 2 aggravating an no mitigating – maximum of 2 periods
2. What if the penalty is composed only of 1 period?
In order to get the minimum, medium, and maximum period- convert 2 years
into days. There are 730 days in 2 years- to get the minimum, medium, and maximum period of prison
mayor minimum period, divide 730 to three= 243. Convert 243 days into months = 8 months. How do you
now apply the result? The basic number of years and days of prison mayor is 6 years and 1 day. Start from
there. So for the minimum, just add 8 months to 6 years and 1 day. The minimum period of prison mayor
minimum period is 6 years and 1 day to 6 years, 8 months, and 1 day. For medium period, it is 6 years, 8
months, and 1 day to 7 years, 4 months and 1 day. The maximum, just add 8 months again so 7 years, 4
months and 1 day to 8 years and 1 day.
ARTICLE 66
NOTES:
1. In imposing fines, courts may fix an amount of fine as long as it is within the limits of the law.
Balance the imposition of penalties depending on the nature of living of the offender – Rule of
Law and Justice. EX. garbage collector VS. Henry Sy
2. If offender is above 15 and below 18
15 years old – at the time of his 15th birth anniversary
Penalty to be imposed is ALWAYS lower by one degree
3. If offender is below 15
exempted from criminal liability
penalty to be imposed is lower by 2 degrees
4. Discretionary penalty
ARTICLE 68
NOTES:
1. If offender is under 18 but over 15 and acted with discernment, the following rules shall be applied:
Paragraph 1 of 68 is inapplicable because it concerns itself with offenders who are below 15 years
of age- RA 9344, RA 10630 – exempted from criminal liability
PD 603, RA 9344, RA 10630 – entitled to the privilege circumstance (mitigating) of a child EX.
homicide
If the act is attendant by 2 or more mitigating circumstances and no aggravating circumstance,
the penalty to be imposed, being indivisible (only future penalty that may be imposed) is entitled
to one or two degrees lower.
2. What if at 18, the Court still noticed that Child does not reform?
Court will not schedule the promulgation of judgment and wait until the age of 21.
The DSWD’s report must show that he is ready to be part of the community – schedule
promulgation of judgment and acquit.
If report shows that child did not reform, Court will schedule promulgation of judgment. Penalty
to be imposed includes the time prior his rehabilitation. Here, if the penalty imposed is
correctional or light penalty or a fine or imprisonment, he may apply for PROBATION. Probation
is allowed if penalty imposed is correctional or light penalty. Correcional are those 40K- 1.2M or
imprisonment of 6 years.
If he does not apply for probation and questions the decision of court, the applicable remedy is
to appeal the decision.
If he appeals, generally, he will be on probation. Generally only because there is an exception. If
they appeal and if ever the decision of the lower court is reversed but the penalty that was
imposed in the lower court is correctional, and although the appeal was given due course and
modified by the appellate court, the penalty is still correctional- the child is NOT entitled to
probation.
HOWEVER, under exceptional circumstances, under the Colmenares case wherein Colmenares
was charged with frustrated homicide. He is questioning the decision of the authorities because
instead of frustrated homicide, he believes that he should only be charged of attempted homicide
which is under the jurisdiction of the MTC and MCTC and the penalty to be imposed upon him is
a correctional penalty instead of prision correctional. He’s plead to the police officers were not
given a favourable action. So it was filed at the prosecutor’s office. Prosecutor transferred it to
another court. The court that was supposed to decide on his case, after trial, even if he has
presented evidence that the crime committed is attempted homicide and not frustrated
homicide, still, the court that tried it found that he was guilty of frustrated homicide and
sentenced him to an afflictive penalty. He went to the SC. SC found that the wounds inflicted to
the offended party are not sufficient to cause his death so the SC ruled that Colmenares is guilty
of attempted homicide and NOT frustrated homicide and sentence him to a correctional penalty.
SC suggested that he may apply for probation at the court of origin since the penalty imposed was
correctional penalty- probationable. RULE: If rightful penalty to be imposed by the court of origin,
immediately avail yourself of probation. Do anymore appeal.
RA 10707- if you are entitled to probation and you did not avail probation at that time, you cannot
avail it anymore.
ARTICLE 69
NOTES:
Penalties that may be lower in 2 degrees.
In relation to Article 11, paragraphs 1-3 and sometimes paragraph 4. Here, the element of
unlawful aggression must ALWAYS be present + 1 other element in order for the penalty to be 2
degrees lower. If this requirement is not met, penalty to be imposed is the discretion of the court.
Appearance of a person in a court counts very much in the promulgation of judgment- together
with his manners and conduct. Otherwise, there is an impression that you are taking for granted
the Court of Justice.
ARTICLE 70
NOTES:
1. When there are 2 or more penalties, you can serve them simultaneously if the nature of the penalties
allow it. Otherwise, the following rules shall be observed.
2. What are 2 penalties that can be served simultaneously (SABAY not magkasunod)
If a person is sentenced to imprisonment and another felony was committed which he was
sentenced to destierro. In Destierro, you don’t have to go to jail. Can they be served
simultaneously? YES. Because sending a person into prison is more than a punishment of
destierro. Therefore, once in jail, he is considered to be suffering from destierro. Hence, the 2
penalties can be served simultaneously.
How about in suspension? The same. It can be served simultaneously.
In imprisonment, it depends on the rules promulgated on the Revised Penal Code.
Judge Pi’s opinion – He doesn’t think that death penalty should be included in Article 70 kasi wala
ng simultaneous na pwede dun if the offender is already dead.
ARTICLE 70
NOTES:
1. Judge Pi’s opinion- those enumerated in number 9 and number 10 should NOT be included because
they are NOT principal penalties, they are only accessory penalties.
2. 2 phases of suspension
Principal penalty
Accessory penalty
3. PUBLIC CENSURE – nasa gitna ng court and accused – being taught a lesson
Does not involve imprisonment
The Court will deliver a message to the accused. A message about the crime has committed and
damages it caused and future of the person who committed the felony. It is a reminder to not do
any violation of the law again.
4. Computation of 3- fold rule
Applies only to a convict with 4 successive sentences
40 years
5. The only 2 provisions in RPC book 1 that is applicable to RA 10951- Article 9 and Article 36.
ARTICLE 75
NOTES:
1. To get the lower degree, you are going to compute. Fines:
Minimum of fines- ½ of fines imposed by court (ALWAYS ½)
Medium- ¾ of the fine imposed
Maximum – whole amount
ARTICLE 76 – memorize
ARTICLE 79
NOTES:
1. How an insane person shall be treated?
Suspension of proceedings and suspension of service of sentence- the court shall suspend either
or both.
During the proceedings, if ever the person shows signs of insanity, the Court shall suspend and
send the person to any of the mental institutions and the proceedings will resume when the
Director of said institution and the Secretary of Health will recommend that accused is ready to
face trial.
Every time that the accused regains his reason, the trial presumes and if insane ulit, suspend. The
same process goes on until the Court has found that the crime has already been served or
prescribed.
Here, court has the authority to release final judgment- the reports provided for by the institution
are only supplementary.
Every penalty that is indivisible and exceeds 1 year, the duty of the Court is to impose an
indeterminate sentence. If it does not exceed 1 year, the penalty must be a straight penalty.
4. In relation to Act 4103 and 4225, the Court of Pardons and Parole must be composed of a
chairman and 4 Board Members. The Chairman is the Secretary of Justice. The President may
appoint a psychiatrist as member of the board as long as wala pang psychiatrist na member. Other
members of the board are either member of the academe or clinic. One of them must be a
woman. The 4 members of the Board shall be appointed by the President subject to confirmation
of the Commission of Appointments. Chairman will receive an honorarium that is known to the
members of the board. He has a grade 30 salary range.
5. What if the person was given a parole and he violated the conditions such as reporting once a
month to the parole officer or participating in the activities of the barangay OR committed
another crime?
The board may revoke parole and order his arrest
Arrest and serve the remaining portion of the penalty imposed upon him
Or not revoke but extend the service of
Recommend to the president the computation of sentence for serving the penalty
ARTICLE 81
RA 9346 abolishes the death penalty.
ARTICLES 82, 83, 84, and 85
ARTICLE 86
NOTES:
1. Here, the Local Government Code is included through the Bureau of Jail and Penology.
2. Minimum penalty to be in Bureau of Corrections in Muntinlupa
2 years and 1 day UNLESS he is a child. Although he is supposed to serve, bata
pa so he shall serve in the Agricultural Penal Farm under the Bureau of Corrections.
ARTICLE 87
NOTES:
1. If the spouse caught his or her spouse having an affair, the court can issue a destierro since destierro is
a correctional penalty.
2. Two ways of sentencing the person from destierro:
250m radius or radius from the point fixed by the court
25km from the point fixed by the court
3. In relation to destierro:
Death or physical injuries (People vs. Abarca)
Concubinage
Person who fails to give a bond or good behaviour (but sentence shall not exceed 1 year)
When after computing the penalty imposed, the court reached destierro.
**Adultery is by IMPRISONMENT AND NOT DESTIERRO since adultery is motivated by lust and it
is a violation of vow on marriage.
FACTS:
One day in 1984, Francisco Abarca, through a peephole, caught his wife having sexual intercourse
with one Khingsley Paul Koh inside the Abarca residence. The two also caught Abarca looking at
them and so Koh grabbed his pistol and thereafter Abarca fled. One hour later, Abarca, armed
with an armalite, went to the gambling place where Koh usually stays and then and there shot
Koh multiple times. Koh died instantaneously. However, two more persons were shot in the
adjacent room. These two other persons survived due to timely medical intervention.
Eventually after trial, Abarca was convicted of the complex crime of murder with frustrated
double murder.
HELD: NO. Abarca is entitled to the provisions of Article 247 of the Revised Penal Code which
provides: “Any legally married person who, having surprised his spouse in the act of committing
sexual intercourse with another person, shall kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the
penalty of destierro.”
Article 247 prescribes the following elements: (1) that a legally married person surprises his
spouse in the act of committing sexual intercourse with another person; and (2) that he kills any
of them or both of them in the act or immediately thereafter. These elements are present in this
case.
Even though one hour had already lapsed from the time Abarca caught his wife with Koh and the
time he killed Koh, the killing was still the direct by-product of Abarca’s rage. Therefore, Abarca is
not liable for the death of Koh.
However, Abarca is still liable for the injuries he caused to the two other persons he shot in the
adjacent room but his liability shall not be for frustrated murder. In the first place, Abarca has no
intent to kill the other two persons injured. He was not also committing a crime when he was
firing his gun at Koh – it being under Art. 247. Abarca was however negligent because he did not
exercise all precaution to make sure no one else will be hurt. As such, he shall be liable for less
serious physical injuries through simple negligence for the injuries suffered by the two other
persons who were in the adjacent room when the incident happened.
ARTICLE 88- Arresto menor
NOTES:
1. Arresto menor must be serve at the municipality and if offender wants to serve it at home, it
must be under the control of a jail officer and only in cases of: serious illness and serious threats
to offender
2. During the time that he is serving his sentence, he cannot exercise any of his rights--- different
if he is a detention, or preventive suspension because in these cases, offender is NOT YET
imprisoned.
ARTICLE 89
NOTES:
1. Criminal liability is extinguished by:
Death of the accused – here, civil liability is also distinguished. (In re: Pecuniary liabilities- People
vs. Sendaydiego)
If the accused dies before the finality of judgment, civil and criminal liability are extinguished.
Before, the law states that the heirs of the deceased shall be liable or shall execute action if victim
or accused is dead BUT there is a NEW RULING under People vs. Bayotas.
Pecuniary liability- a personal, joint, or corporate monetary obligation to make good any lost,
damages, or destroyed property resulting from fault or neglect.
ISSUE: Whether or not the death of the accused pending appeal of his conviction extinguish
his civil liability.
RULING:
The Court decided on this case through stating the cases of Castillo and Sendaydiego. In the Castillo case,
the Court said that civil liability is extinguished only when death of the accused occurred before the
final judgement. Judge Kapunan further stated that civil liability is extinguished because there will be “no
party defendant” in the case. There will be no civil liability if criminal liability does not exist. Further, the
Court stated “it is, thus, evident that… the rule established was that the survival of the civil liability depends
on whether the same can be predicated on the sources of obligations other than delict.
In the Sendaydiego case, the Court issued Resolution of July 8, 1977 where it states that civil liability will
only survive if death came after the final judgement of the CFI of Pangasinan. However, Article 30 of
the Civil Code could not possibly lend support to the ruling in Sendaydiego. Civil liability ex delicto is
extinguished by the death of the accused while his conviction is on appeal. The Court also gave a summary
on which cases should civil liability be extinguished, to wit:
Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as
the civil liability based solely thereon. Therefore, Bayotas’s death extinguished his criminal
and civil liability based solely on the act complained of.
*Article 89 of the RPC provides that by death of the convict, personal liabilities are extinguished, as to
pecuniary liability therefore is extinguished only when the death of the offender occurs before final
judgment.
1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the
civil liability based solely thereon;
2. Corollarily, the claim for civil liability survives notwithstanding the death of the accused, if the same
may also be predicated on a source of obligation other than delict. Aricle 1157 of the Civil Code enumerates
these other sources of obligation from which the civil liability may arise as a result of the same act or
omission: Law, Contracts, Quasi-contracts, Delicts…,Quasi-delicts;
3. Where the civil liability survives, an action for recovery therefore may be pursued but only by way of
separate civil action and may be enforced either against the executor/administrator of the estate of the
accused, depending on the source of obligation aside from delicts;
4. Finally, the private offended party need not fear a forfeiture of his right to file this separate civil action
by prescription, in cases where during the prosecution of the criminal action and prior to its extinction, the
private offended party instituted together therewith the civil action. In such case, the statute of limitations
on the civil liability is deemed interrupted during the pendency of the criminal case, conformably with
provisions of Article 1155 of the Civil Code,that should thereby avoid any apprehension on a possible
privation of right by prescription
2. Service of sentence
Ends after completion of penalty imposed by the court
3. Pardon and amnesty
4. Partial extinction of criminal liability
Conditional pardon
Completion of penalty
5. Complete extinction if criminal liability
Amnesty
Absolute pardon
**However, if third person is affected, civil liability shall not be extinguished. EX. Trillanes case- PNOY
amnesty- glorietta, manila, peninsula, oakwood incident.
6. Amnesty- may be given at any stage- even after the accused is convicted (depends on the President)
7. Absolute pardon- given after a final judgment (final and executory) has been given by a competent court.
EX. Case of Fidel Ramos- the president cannot be castigated but the executive secretary was
castigated since he is an alter- ego of the president.
8. Robin Padilla case of illegal possession of firearms- pardon was given to him but pardon does not carry
with it the extinguishment of accessory penalties.
9. Absolute pardon- must only be exercised by the President and it is allowed when it is there is already a
conviction of final judgment.
10. When pardon is given and there is a question of whether or not there is an extinguishment of accessory
penalties, the burden to prove that is to the person who amnesty or pardon was given.
11. In case the case is pending tapos kelangan ng proof of amnesty, give a copy of amnesty through the
Official Gazette or any published newspaper of a general circulation.
PRESCRIPTION OF CRIME
1. Unreasonable delay- reason to dismiss the case; the accused may file this.
2. Prescription period:
Prison mayor- 15 years
Correctional- 10 years
Arresto mayor- 5 years
Libel- prescribes in 1 year
Oral defamation (causes dishnor, disgrace and humiliation through oral actions), and libel (same
but in writing), slander- 6 months
Death and reclusion perpetua- 30 years
Reclusion temporal- 15 years
Prison mayor- 15 years
3. If there are 2 penalties to be imposed (imprisonment and payment of fines), imprisonment will prevail
over fine.
4. In complex crimes and impossible crimes- look for the crime that has a higher penalty than the other and
it shall be the basis of prescription.
5. In prescription, there shall be a final judgment and Court has loss its power to punish because there is
lapse of time.
ARTICLE 91
1. Turkey and PH- no extradition treat EX. Sister of Ramon Revilla case- prescriptive period does not run.
ARTICLE 92
In prescription of penalties, there is 2 periods of suspension:
No extradition treaty AND
ARTICLE 94
1. RA 10952
2. Allowance for loyalty
Not included in partial extinction of criminal liability. Judge Pi’s opinion: must be there because
he is entitled to deduction of original sentence.
3. Conditional pardon- delivered and accepted by the offender. It is a contract between the president and
the offender. If offender violated the conditions of pardon, he will be arrested.
4. Computation of sentence- if lowered by the court by 1 year, offender can apply for probation and can
still run for public office- he will be disqualified or removed in office if he violated the conditions of
probation (this is a new SC decision)
ARTICLE 95
1. Conditional pardon- correctional in nature
2. Evasion of sentence shall only be prison correctional.
3. If afflictive in nature, continue the service of sentence.
RA 9344
Must be called “children” NOT minors.
Kinds of children:
1.) those who are below 18 years of age and above 18 who are NOT able to take care of
themselves because of incapacity.
2.) those who are children at risk or those who are prone to the commission of offenses
such as street children
3.) children residing in rural areas
4.) neglected children (KINDS: over 12 but under 15 and committed a heinous crime,
children who are repeated offenders.
PD 603
5. Section 57 (A) of RA 10630 and RA 9344 are NOT punishable. Therefore, if a person is arrested under
these provisions, such arresting officers are committing an unlawful arrest and arbitrary detention.
RA 9262
1. Section 3- children referred may be the children of other persons but under the same care and custody.
2. Causes of VAWC (Section 5)
Physical harm
Threat of physical harm
Attempt of physical harm
3. Under Section 5, the law is clear that any person may be an offender under VAWC. A new jurisdiction
provides that when a woman is the offender to another woman, the offender woman may be convicted under
VAWC.
4. Penalty for murder and parricide- reclusion perpetua
5. Penalty for homicide- reclusion temporal.
*If attempted, 1 degree lower.
6. MUTILATION
Mayhem is included in mutilation- penalty is reclusion temporal.
7. Article 263
EX. If slight physical injuries is inflictive, it is not a violation of RA 9262 because walang provided
sa 9262 na slight physical injuries. Less physical injuries lang ang meron.