Adamson Criminal Notes Book1 06 Ed.

A D A M S O N C O L L E G E O F L AW
CRIMINAL LAW NOTES (BOOK I)

2006 BAR OPERATIONS
4. Penal laws must not impose cruel and

BOOK ONE unusual punishment or excessive fine.
KEY: GEB C
CRIMINAL LAW, defined.
It is that branch or division of municipal law CHARACTERISTICS OF CRIMINAL LAW
which defines crimes, treats of its nature, and (KEY: PRO-GEN-TER)
provides for their punishment.
1. GENERALITY
Nature of Criminal Law:] Penal laws and those of public security and
safety shall be obligatory upon all who live or
1. SUBSTANTIVE LAW- it defines the sojourn in Philippine territory, subject to the
states right to inflict punishment and principles of public international law.” Article
the liability of the offenders. 14, NCC.
2. PUBLIC LAW-it deals with the relation of
the individual with the state. It applies to all persons within the country
regardless of their race, belief, sex, or creed.
CRIME is an act committed or omitted in
violation of a public law forbidding or EXCEPTION:
committing it.
1. Those who are exempted by virtue of the
The state has the authority, under its POLICE principles of public international law
POWER, to define and punish crimes and to lay -sovereign and other chief of state.
down the rules on procedure. -Ambassadors, minister plenipotentiary,
ministers resident, and charges
Theories of Criminal Law d’affaires.
1. Classical Theory Consuls are not diplomatic officers. This

Man is essentially a moral creature with an includes consul general, vice-consul or any
absolute free will to choose between good and consul in a foreign country, who are
evil and therefore more stress is placed upon therefore not immune to the operation or
the result of the felonious act than upon the application of the penal law of the foreign
criminal himself. where they are assigned.
2. Positivist Theory 2. Those who are exempted by Law of

Man is subdued occasionally by a strange and Preferential Application
morbid phenomenon which conditions him to
do wrong in spite of or contrary to his volition. It is not applicable when the foreign country
adversely affected does not provide similar
3. Eclectic or Mixed Philosophy protection to our diplomatic representatives
This combines both positivist and classical PRINCIPLE OF RECIPROCITY.
thinking. Crimes that are economic and social
and nature should be dealt with in a positivist 3. Those who are exempted by Treaty
manner; thus, the law is more compassionate. stipulations
Heinous crimes should be dealt with in a KEY: PIL- PA-TS
classical manner; thus, capital punishment
2. TERRITORIALITY
LIMITATIONS IN THE ENACTMENT OF
PENAL LAWS: Criminal laws undertake to punish crimes
committed within Philippine territory. Penal
1. Penal laws must be general in laws of the country have force and effect only
application. Otherwise, it would violate within its territory. It cannot penalize a crime
the equal protection clause of the committed outside the country.
constitution.
2. Penal laws must not partake of the Composition of territory:
nature of an ex post facto law.
3. Penal laws must not partake of the 1. TERRESTIAL JURISDICTION-the
nature of a bill of attainder. jurisdiction exercised of a country over
BILL OF ATTAINDER is a legislative act bodies of land, defines in the
which inflicts punishment without trial. Its constitution.
essence is the substitution of a legislative for a
judicial determination of guilt.
2006 BAR OPERATIONS 1
Faculty Chair: Atty Hilario Magsino
Over-all Chair: Nerissa Guirao
Academic Committee Head: Celso J. Hernandez Jr. Subject Head: Celso J. Hernandez Jr.
Academic Committee Members: Lisa Tubilleja, Nerissa Guirao (Civil) Christopher Bonoan (Poli) Madonna
Dimaano (Labor) Rey Rabago, Donnalee Silanga ( Remedial) Anthony Malicdem (Tax)
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2. FLUVIAL JURISDICTION-the 5. Should commit any crimes against

jurisdiction over maritime and interior the national security and the law of nations,
waters. defined in Title One of Book Two of this Code.
3. AERIAL JURISDICTION-the jurisdiction KEY: OFIPC
over the atmosphere.
Rules as to crimes committed aboard foreign
Three Theories on Aerial Jurisdiction: merchant vessels:
1. OPEN SPACE THEORY---that the 1. French Rule – Such crimes are not
atmosphere over the country is free and triable in the courts of that country,
not subject to the jurisdiction of the unless their commission affects the
subjacent state except for the protection peace and security of the territory or the
of its national security and public order. safety of the state is endangered.
2. DELATIVE THEORY-the subjacent state
exercises jurisdiction only to the extent 2. English Rule – Such crimes are triable
that it can effectively exercise control in that country, unless they merely
thereof. affect things within the vessel or they
3. ABSOLUTE THEORY-the subjacent refer to the internal management
state has complete jurisdiction over the thereof. (This is applicable in the
atmosphere above it subject only to Philippines)
innocent passage by aircraft of foreign
country. Two situations where the foreign country may
not apply its criminal law even if a crime was
ARCHIPELAGO DOCTRINE OR committed on board a vessel within its
ARCHIPELAGIC RULE territorial waters and these are:
Under this doctrine, we connect the outmost (1) When the crime is committed in a war
points of our archipelago with straight baselines vessel of a foreign country, because war
and waters enclosed thereby as internal waters. vessels are part of the sovereignty of the
The entire archipelago is regarded as one country to whose naval force they
integrated unit instead of being fragmented into belong;
so many thousand islands. As for our territorial
seas, these are more defined according to the (2) When the foreign country in whose
Jamaica Convention on the Law of the Seas, territorial waters the crime was
concluded in 1982, in which the Philippines is a committed adopts the French Rule,
signatory. which applies only to merchant vessels,
except when the crime committed affects
EXCEPTION: EXTRATERRITORIALITY the national security or public order of
[ARTICLE 2] - application of the Revised Penal such foreign country.
Code outside Philippine territory.
3. PROSPECTIVITY
Art. 2. Except as provided in the treaties and
laws of preferential application, the provisions of A penal law cannot make an act punishable
this Code shall be enforced not only within the in a manner in which it was not punishable
Philippine Archipelago including its atmosphere, when committed.
its interior waters and Maritime zone, but also
outside of its jurisdiction, against those who: “Without prejudice to the provisions
contained in Article 22 of this Code, felonies and
1. Should commit an offense while on a misdemeanors, communicated prior to the date
Philippine ship or airship; of effectivity of this Code shall be punished in
2. Should forge or counterfeit any coin accordance with the Code or Act in force at the
or currency note of the Philippine Islands or time of their commission.” Article 366, RPC.
obligations and securities issued by the
Government of the Philippine Islands; EXCEPTION: Whenever a new statute
3. Should be liable for acts connected dealing with the crime establishes
with the introduction into these islands of the conditions more lenient or favorable to the
obligations and securities mentioned in the accused, it can be given a retroactive effect.
preceding number;
4. While being public officers or EXCEPTION to the EXCEPTION:
employees, should commit an offense in the
exercise of their functions; or
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1. Where the new law is expressly made CONSEQUENCES:

inapplicable in pending actions or
existing cause of action. 1. Cases pending in court involving
2. Where the offender is a habitual the violation of the repealed law,
delinquent. the same shall be dismissed,
KEY: Hab - Law even though the accused may be
a habitual delinquent. This is so
BASIC MAXIMS IN CRIMINAL LAW because all persons accused of a
crime are presumed innocent
Doctrine of Pro Reo until they are convicted by final
Whenever a penal law is to be construed judgment. Therefore, the
or applied and the law admits of two accused shall be acquitted.
interpretations – one lenient to the offender and 2. In cases already decided and as
one strict to the offender – that interpretation to those already serving sentence
which is lenient or favorable to the offender will by final judgment, if the convict
be adopted. is not a habitual delinquent, then
he will be entitled to a release
Nullum crimen, nulla poena sine lege unless there is a reservation
clause in the penal law that it
There is no crime when there is no law will not apply to those serving
punishing the same. This is true to civil law sentence at the time of the
countries, but not to common law countries. repeal. But if there is no
reservation, those who are not
Because of this maxim, there is no common law habitual delinquents even if they
crime in the Philippines. No matter how are already serving their sentence
wrongful, evil or bad the act is, if there is no law will receive the benefit of the
defining the act, the same is not considered a repealing law. They are entitled
crime. to release.
Actus non facit reum, nisi mens sit rea 2. PARTIAL OR RELATIVE REPEAL-when
The act cannot be criminal where the the crime punished under the repealed
mind is not criminal. This is true to a felony law continues to be a crime inspite of the
characterized by dolo, but not a felony resulting repeal, so this means the repeal merely
from culpa. This maxim is not an absolute one modified the conditions affecting the
because it is not applied to culpable felonies, or crime under the repealed law.
those that result from negligence.
CONSEQUENCES:
Utilitarian Theory or Protective Theory Pending prosecution-if the repealing

The primary purpose of the punishment law is more favorable to the offender, it
under criminal law is the protection of society shall be the one applied to him. So
from actual and potential wrongdoers. The whether he is a habitual delinquent or
courts, therefore, in exacting retribution for the not, if the case is still pending in court,
wronged society, should direct the punishment the repealing law will be the one to apply
to potential or actual wrongdoers, since criminal unless there is a saving clause in the
law is directed against acts and omissions repealing law that it shall not apply to
which the society does not approve. Consistent pending causes of action.
with this theory, the mala prohibita principle
which punishes an offense regardless of malice As to those already serving sentence
or criminal intent, should not be utilized to in jail-even if the repealing law is
apply the full harshness of the special law. partial, then the crime still remains to be
a crime. Those who are not habitual
REPEAL delinquents will benefit on the effect of
that repeal, so if the repeal is more
Kinds of Repeal: lenient to them, it will be the repealing
law that will henceforth apply to them.
1. ABSOLUTE OR TOTAL REPEAL-when
the crime punished under the repealed 3. EXPRESS-takes place when a
law has been decriminalized by the subsequent law contains a provision
same. that such law repeals an earlier
enactment.
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In crimes punished under the Revised

Significance: if the repeal was express, Penal Code, good faith or lack of criminal
the repeal of the repealing law will not intent is a valid defense; unless the
survive the first law, so the act or crime is the result of culpa
omission will no longer be penalized.
In crimes punished under special laws,
4. IMPLIED---takes place when there is a good faith is not a defense
law on a particular subject matter but is
inconsistent with the first law, such that 3. As to degree of accomplishment of the
the two laws cannot stand together one crime
of the two laws must give way. IT IS
NOT FAVORED. In crimes punished under the Revised
Penal Code, the degree of
Significance: If a penal law is impliedly accomplishment of the crime is taken
repealed, the subsequent repeal of the into account in punishing the offender;
repealing law will revive the original law. thus, there are attempted, frustrated,
So the act or omission which was and consummated stages in the
punished as a crime under the original commission of the crime.
law will de revived and the same shall
again be crimes although during the In crimes punished under special laws,
implied repeal they may not be the act gives rise to a crime only when it
punishable. is consummated; there are no attempted
or frustrated stages, unless the special
MALA IN SE AND MALA PROHIBITA law expressly penalize the mere attempt
or frustration of the crime.
Mala In Se---the act is inherently or evil or bad
per se wrongful. 4. As to mitigating and aggravating
circumstances
Malum Prohibitum---the act penalized is not
inherently wrong, it is wrong only because a law In crimes punished under the Revised
punishes the same. Penal Code, mitigating and aggravating
circumstances are taken into account in
Violations of special laws are mala prohibita. If imposing the penalty since the moral
the crime is punished under a special law, if the trait of the offender is considered.
act punished is one which is inherently wrong,
the same is malum in se, and therefore, good In crimes punished under special laws,
faith and lack of criminal intent is a valid mitigating and aggravating
defense unless it is the product of criminal circumstances are not taken into
negligence or culpa. account in imposing the penalty.
Distinction between crimes punished under 5. As to degree of participation

the Revised Penal Code and crimes punished
under special laws (KEY: G-CAMP) In crimes punished under the Revised
Penal Code, when there is more than one
1. As to moral trait of the offender offender, the degree of participation of
each in the commission of the crime is
In crimes punished under the Revised taken into account in imposing the
Penal Code, the moral trait of the penalty; thus, offenders are classified as
offender is considered. This is why principal, accomplice and accessory.
liability would only arise when there is
dolo or culpa in the commission of the In crimes punished under special laws,
punishable act. the degree of participation of the
offenders is not considered. All who
In crimes punished under special laws, perpetrated the prohibited act are
the moral trait of the offender is not penalized to the same extent. There is
considered; it is enough that the no principal or accomplice or accessory
prohibited act was voluntarily done. to consider.
2. As to use of good faith as defense

Title 1

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FELONIES AND CIRCUMSTANCES WHICH 2. Specific Criminal Intent-it is not

AFFECT CRIMINAL LIABITY presumed because it is an ingredient or
element of a crime, like intent to kill in
ART.3: FELONIES the crimes of attempted or frustrated
homicide/parricide/murder. The
FELONIES, defined. prosecution has the burden of proof.
Are acts or omissions punishable by the
Revised Penal Code. INTENT vs. DISCERNMENT:
Elements of Felonies in general: INTENT is the determination to do a certain

thing; an aim or purpose of the mind. It is the
1. that there must be an act or omission. design to resolve or determination by which a
2. that the act or omission must be person acts.
punishable by the RPC.
3. that the act is performed of the omission DISCERNMENT is the mental capacity to
incurred by means of dolo or culpa. tell right from wrong. It relates to the moral
KEY: API significance that a person ascribes to his act
and relates to the intelligence as an element of
Act- any bodily movement tending to produce dolo, distinct from intent.
some effecting the external world, it being
unnecessary that the same be actually INTENT vs. MOTIVE
produced as the possibility of its production is
sufficient. Intent is demonstrated by the use of a
particular means to bring about a desired result
Omission- inaction, the failure to perform a – it is not a state of mind or a reason for
positive duty one is bound to do. There must be committing a crime.
a law requiring the doing or performance of an
act. On the other hand, motive implies motion. It is
the moving power which impels one to do an
Dolo- is equivalent to malice which is the intent act. When there is motive in the commission of
to do injury to another. a crime, it always comes before the intent. But
a crime may be committed without motive.
Elements:
1. criminal intent on the part of the If the crime is intentional, it cannot be
offender. committed without intent. Intent is manifested
2. freedom of action in doing the act on the by the instrument used by the offender. The
part of the offender. specific criminal intent becomes material if the
3. intelligence on the part of the offender crime is to be distinguished from the attempted
in doing the act. or frustrated stage.
KEY: IFI
MOTIVE INTENT
The acts or omissions are voluntary. Reason/ moving power Purpose to use a
which impels one to particular means to
Intent presupposes the exercise of freedom commit an act for a bring about a desired
and the use of intelligence. The existence of definite result result (not a state of
intent is shown by the overt acts of the person. mind, not a reason for
committing a crime)
Criminal intent is presumed from the When there is motive If intentional, a crime
commission of an unlawful act, but not from the in the commission of a cannot be committed
proof of the commission of an act which is not crime, it always comes without intent. Intent
unlawful. before intent. But a is manifested by the
crime maybe instrument used by
Criminal Intent, categorized into two: committed without the offender.
motive.
1. General Specific Intent-is presumed
from the mere doing of a wrong act. So Motive is relevant if:
this does not require proof, the burden is 1. the identity of the accused is in question
upon the wrongdoer to prove that he 2. for purposes of defense
acted without such criminal intent. 3. in determining the sanity of the accused
4. indirect assault (Art. 249)

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5. in determining in whether the shooting The mens rea of the crime depends upon the
is intentional or not elements of the crime. You can only detect the
6. defense of strangers (Art. 11, par. 3) mens rea of a crime by knowing the particular
7. in determining the specific nature of the crime committed. Without reference to a
crime. particular crime, this term is meaningless.
Culpa- imprudence or negligence. ART. 4: CRIMINAL LIABILITY

Elements:
Criminal liability shall be incurred:
1. criminal negligence on the part of the
offender—the crime was the result of 1. by any person committing a felony
negligence, reckless imprudence, lack of (delito) although the wrongful act
foresight, or lack of skill. done be different from that which he
intended;
2. freedom of action in doing the act on the
part of the offender—he was not acting 2. by any person performing an act
under duress. which would be an offense against
persons or property, where it not for
3. intelligence on the part of the offender the inherent impossibility of its
in performing the negligent act. accomplishment or on account of the
KEY: FIN employment of an inadequate or
ineffectual means.
MISTAKE OF FACT- Misapprehension of fact
on the part of the person who caused injury to Doctrine of PROXIMATE CAUSE, defined.
another. He is not, however, criminally liable
because he did not act with criminal intent. Is that cause which sets into motion other
caused and which unbroken by any efficient
Requisites of mistake of fact as a defense: supervening cause produces a felony without
1. that the act done would have been which such felony could not have resulted.
lawful had the facts been as the accused A proximate cause is not necessarily the
believed them to be. immediate cause. This may be a cause which is
2. that the intention of the accused in far and remote from the consequence which sets
performing the act be lawful. into motion other causes which resulted in the
3. that the mistake must be without fault felony.
or carelessness on the part of the In criminal law, as long as the act of the
accused. accused contributed to the death of the victim,
KEY: FIL even if the victim is about to die, he will still be
liable for the felonious act of putting to death
Distinction between Mistake of Fact and that victim.
Mistake of Identity
Felony is the proximate cause when:
1. there is an active force that intervened
In mistake of fact, there is no criminal
between the felony committed and the
intent: while in mistake of identity, there is
resulting injury, and the active force is a
criminal intent, only it is directed at the wrong
distinct act or fact absolutely foreign
person in the belief that he was the proper
from the felonious act of the accused; or
object of the crime. Where an unlawful act is
2. the resulting injury is due to the
willfully done, a mistake in the identity of the
intentional act of the offended party.
intended victim cannot be considered
exempting, nor can it be considered reckless
Wrongful act done be different from what was
imprudence.
intended:
Mens rea 1. Aberratio Ictus/ Mistake in the Blow
The technical term mens rea is sometimes A person directed the blow at an intended
referred to in common parlance as the victim but because of poor aim, that blow
gravamen of the offense. To a layman, that is landed on somebody else.
what you call the “bullseye” of the crime. This The intended victim as well as the actual
term is used synonymously with criminal or victim is both at the scene of the crime.
deliberate intent, but that is not exactly correct.

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It generally gives rise to a complex crime, account of the employment of inadequate or

that being so, the penalty for the serious crime ineffectual means.
is imposed on the maximum period.
The only time when complex crime may not Requisites:
result is when one of the resulting felonies is
light felony. 1. the act performed would be an offense
against persons or property;
Error in Personae/ Mistake in Identity 2. the was done with evil intent;
3. its accomplishment is inherently
The intended victim was not at the scene of impossible or that the means employed
the crime, it was the actual victim upon whom is either inadequate or ineffectual;
the blow was directed, but he was not the 4. the act performed should not constitute
intended victim, there was really a mistake in a violation of another provision of the
identity. RPC.
It is mitigating if the crime committed is
different from that which is intended. If the Objectively, the offender has not committed
crime committed is different from that which a felony. Subjectively, however, he is a
was intended, error in personae does not affect criminal; hence, the purpose of the law in
the criminal liability of the offender. punishing impossible crime is to teach the
offender a lesson for his criminal perversity.
Praeter Intentionem/ Consequence went
beyond the Intention There is no such thing as an attempted or
frustrated impossible crime.
It is mitigating, particularly covered by par.
3, Art. 13. Nature of Impossibility:
There must be a notable disparity between
the means employed and the resulting felony. 1. Legal Impossibility
Criminal liability is incurred by any person It would apply to those circumstances
committing a felony not merely performing an where:
act. The motive, desire, and expectation
The person is still criminally liable even if is to perform an act in violation of the law.
there is a mistake in the identity of the victim 1. There is an intention to perform
(error in personae) when there is mistake in the the physical act.
blow (aberration ictus); the injurious result is 2. There is a performance of the
greater than that intended (praeter intended physical act.
intentionem). 3. The consequence resulting from
Any person who creates in another’s mind the intended act does not amount
an immediate sense of danger, which causes the to a crime.
latter to do something resulting in the latter’s
injury, is liable for the resulting injuries. 2. Physical Impossibility occurs when
The felony committed must be the proximate extraneous circumstances unknown to
cause of the resulting injury. Proximate cause is the actor or beyond his control prevent
that cause, which in natural and continuous the consummation of the intended
sequence, unbroken by any efficient intervening crime.
cause, produces the injury, and without which
the result would not have occurred. Art 5. Whenever a court has knowledge of
any act which it may deem proper to repress
Requisites of paragraph 1: and which is not punishable by law, it shall
a. an intentional felony has been render the proper decision and shall report
committed, to the Chief Executive, through the
b. the wrong done to the aggrieved party be Department of Justice, the reasons which
the direct, natural, and logical induce the court to believe that said act
consequence of the felony committed by should be made subject of legislation.
the offender.
In the same way the court shall submit to
IMPOSSIBLE CRIME, defined. the Chief Executive, through the Department
of Justice, such statement as may be
Is as act which would be an offense against deemed proper, without suspending the
person or property where it not for the inherent execution of the sentence, when a strict
impossibility of its accomplishment or on enforcement of the provisions of this Code
would result in the imposition of a clearly
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excessive penalty, taking into consideration a. the offender performs all the acts of
the degree of malice and the injury caused execution;
by the offense. b. all the acts performed would
produce the felony as a
When a person is charged in court and consequence;
the court finds that there is no law applicable, c. but the felony is not produced;
the court will acquit the accused and the judge d. by reason of causes independent of
will give his opinion that the said act should be the will of the perpetrator.
punished. KEY: APNI
Paragraph 2 does not apply to crimes Consummated felony:

punishable by special law, including
profiteering, and illegal possession of firearms All the elements necessary for its
or drugs. There can be no executive clemency execution and accomplishments are present.
for these crimes. Every crime has its own elements which must
all be present to constitute a culpable violation
of a precept of law.
ART. 6: STAGES OF OFFENSES
Overt acts- Some physical activity or deed,
Consummated, frustrated, and indicating intention to commit a particular
attempted felonies. crime, more than a mere planning or
Consummated felonies, as well as those preparation, which if carried to its complete
which are frustrated and attempted, are termination following its natural course, without
punishable. being frustrated by external obstacles, nor by
A felony is consummated when all the voluntary desistance of the perpetrator will
elements necessary for its execution and logically ripen into a concrete offense.
accomplishment are present.
Every crime has its own elements, which Indeterminate offense- One where the purpose
must all be present to constitute a culpable of the offender in performing an act is not
violation of a precept of law and it is frustrated certain.
when the offender performs all the acts of
execution which would produce the felony as a Two stages in the development of a crime:
consequence, but which nevertheless do not
produce it, by reason of causes independent of 1. Internal acts, such as mere ideas in the
the will of the perpetrator. mind of a person, are not punishable even if
There is an attempt when the offender they would constitute a crime, had they
commences the commission of a felony directly been carried out.
by overt acts, and does not perform all the acts
of execution which should produce the felony by 2. External acts cover a) preparatory acts and
reason of some cause or accident other than his b) acts of execution.
own spontaneous desistance. a. Preparatory acts are ordinarily not
punishable. But preparatory acts,
Elements of Attempted felony: considered by law as independent
crimes, are punishable. An example is
a. the offender commences the the possession of picklocks under Art.
commission of the felony directly by 304, RPC, which is a preparatory act to
overt acts; the commission of robbery.
b. he does not perform all the acts of b. Acts of execution are punishable under
execution which should produce the the Revised Penal Code.
felony;
c. the offender’s act be not stopped by Factors to consider in determining whether
his own spontaneous desistance; the felony is attempted, frustrated or
d. the non-performance of all acts of consummated:
execution was due to cause or
accident other than his spontaneous 1. Nature of the offense
desistance. 2. Elements constituting the felony
KEY: CA- OA 3. Manner of committing the felony
Elements of Frustrated felony: ART 7: LIGHT FELONIES
When light felonies are punishable.

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Light felonies are punishable only Conspiracy to commit a felony is punishable

when they have been consummated, with the in; conspiracy to commit Treason (Art. 115);
exception of those committed against Rebellion or Insurrection (Art. 136); and
persons or property. Sedition (Art. 141).
Light felonies are those infractions of law for the Requisites of conspiracy:
commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos or 1. that two or more persons come to an
both, is provided. agreement;
2. that the agreement concerned the
The light felonies punished by the RPC are: commission of a felony;
slight physical injuries (Art. 266), theft (Art. 309 3. that the execution of the felony be
Pars. 7 and 8), alteration of boundary marks decided upon
(Art. 313), malicious mischief (Art. 328 Par. 3;
Art. 329 Par. 3), intriguing against honor (Art. Requisites of proposal:
364)
1. that a person has decided to commit a
In commission of crimes against properties and felony;
persons, every stage of execution is punishable 2. that he proposes its execution to some
but only the principals and accomplices are other person or persons
liable for light felonies, accessories are not.
There is no criminal proposal when:
ART. 8: CONSPIRACY AND PROPOSAL TO
COMMIT FELONY 1. the person who proposes is not
determined to commit the felony.
Conspiracy and proposal to commit 2. there is no decided, concrete and formal
felony are punishable only in the cases in which proposal.
the law specially provides a penalty therefore. 3. it is not the execution of the felony that
A conspiracy exists when two or more is proposed
persons come to an agreement concerning the
commission of a felony and decide to commit it. It is not necessary that the person to whom the
There is proposal when the person who proposal is made agrees to commit treason or
has decided to commit a felony proposes its rebellion.
execution to some other person or persons.
The crimes in which conspiracy and proposal
Kinds of Conspiracy: are punishable are against the security of the
1. Conspiracy as a crime state or economic security.
2. Conspiracy as a manner or incurring
criminal liability ART. 9: CLASSIFICATION OF FELONIES
ACCORDING TO GRAVITY
a. Express---conspirators meet and plan
prior to the execution; participants are Grave felonies, less grave felonies, and
conspirators prior to the commission of light felonies.
the crime. Grave felonies are those to which the law
attaches the capital punishment or penalties
b. Implied---did not meet prior to the which in any of their periods are afflictive, in
commission of the crime; they accordance with article 25 of this code.
participated in such a way they are Less grave felonies are those which the
acting in concert. Conspiracy is deduced law punishes with penalties which in their
from the manner of commission. maximum period are correctional, in accordance
with the above-mentioned article.
As a crime Means to commit a Light felonies are those infractions of law
crime for the commission of which the penalty of
Mere agreement is Overt acts are arresto menor or a fine not exceeding 200 pesos
sufficient to incur necessary to incur or both, is provided.
criminal liability. criminal liability.
Punishable only when Offenders are IMPORTANCE OF THE CLASSIFICATION:
the law expressly so punished for the crime
provides. itself. a. To determine whether these felonies can be
complexed or not;
b. To determine the prescription of the crime
2006 BAR OPERATIONS
and the prescription of the penalty. code shall be supplementary” to special laws,
unless the latter should specially provide the
The afflictive penalties in accordance with contrary.
Article 25 of the Code are:
CIRCUMSTANCES AFFECTING CRIMINAL
Reclusion perpetua LIABILITY:
Reclusion temporal
Perpetual or temporary absolute disqualification there are only five (5) specifically provided
Perpetual or temporary special disqualification for:
Prision mayor
1) JUSTIFYING CIRCUMSTANCES-those
The following are correctional penalties; wherein the acts of the actor are in
accordance with the law, and hence, he
Prision correctional incurs no criminal liability.
Aresto mayor
Destierro 2) EXEMPTING CIRCUMSTANCES-those
wherein there is an absence of
voluntariness, and hence, though there
ART. 10: OFFENSES NOT SUBJECT TO THE is crime, there is no criminal liability.
PROVISIONS OF THE RPC
3) MITIGATING CIRCUMSTANCES-those
Offenses which are or in the future may that have the effect of reducing the
be punishable under special laws are not penalty because there is a diminution of
subject to the provisions of this code. This any of the elements of DOLO or CULPA
code shall be supplementary to such laws, which makes the act voluntary or
unless the latter should specially provide the because of the lesser perversity of the
contrary. offender.
For Special Laws: Penalties should be 4) AGGRAVATING CIRCUMSTANCES-

imprisonment, and not reclusion perpetua, etc. those which serve to increase the penalty
Offenses that are attempted or frustrated are without exceeding the maximum
not punishable, unless otherwise stated. provided by law because of the greater
perversity of the offender as shown by
Plea of guilty is not mitigating for offenses the motivating power of the commission
punishable by special laws. of the crime, the time and place of its
commission, the means employed or the
No minimum, medium, and maximum periods personal circumstances of the offender.
for penalties. 5) ALTERNATIVE CIRCUMSTANCES-
those which are either aggravating or
No penalty for an accessory or accomplice, mitigating according to the nature and
unless otherwise stated. effects of the crime and other conditions
attending its commission.
Provisions of RPC applicable to special laws:
There are two (2) others which are found in
a. Art. 16 Participation of Accomplices the provisions of the RPC:
b. Art. 22 Retroactivity of Penal laws if
favorable to the accused 1) ABSOLUTORY CAUSE-that which has
c. Art. 45 Confiscation of instruments used the effect of absolving the offender from
in the crime criminal liability, although not from civil
liability. It has the same effect as
The first clause should be understood to exempting circumstances.
mean only that the penal code is not intended to
supersede special penal laws. The latter are 2) EXTENUATING CIRCUMSTANCES-that
controlling with regard to offenses therein which has the effect of mitigating the
specially punished. Said clause only restates criminal liability of the offender.
the elemental rule of statutory construction that
the special legal provisions prevail over general ART. 11. JUSTIFYING CIRCUMSTANCES
ones.
The second clause contains the soul of The following do not incur criminal liability:
the article. The main idea and purpose of the
article is embodied in the provision that “ the
2006 BAR OPERATIONS
Paragraph 1. SELF DEFENSE Test of reasonable necessity: What the law

Anyone who acts in defense of his requires is “rational equivalence”,
person or rights provided that the following in consideration of which will enter
circumstances concur: as principal factors the following:
(1) the emergency and imminent
1) First, Unlawful aggression danger to which the person
2) Second, reasonable necessity of the attacked is exposed, and (2) the
means employed to repel it instinct, more than reason, that
3) Third, lack of sufficient provocation on moves or impels the defense.
the part of the person defending himself Proportionateness rests upon the
KEY: ANP imminent danger and not upon the
harm done.
Unlawful aggression is equivalent to assault or
at least threatened assault of an immediate and Paragraph 2. DEFENSE OF RELATIVES
imminent kind.
Anyone who acts in defense of the person or
Kinds of Unlawful Aggression: rights of his spouse, ascendants, descendants,
or legitimate, natural, or adopted brothers or
a. ACTUAL- an attack with physical sisters or of his relatives by affinity in the same
force or with a weapon. It is a degrees, and those by consanguinity within the
material aggression, an offensive act fourth civil degree, provided that the first and
which positively determines the second requisites prescribed in the next
intent of the aggressor to cause an preceding circumstance are present, and the
injury. It is a physical assault, further requisite, in case the provocation was
coupled with a willful disregard of an given by the person attacked, that the one
individual’s personality. making defense had no part therein.
b. IMMINENT- an attack that is

impending or at the point of Relatives that can be defended:
happening. It must not consist in a 1. Spouse,
mere threatening attitude nor must it 2. Ascendants,
be merely imaginary. The 3. Descendants,
intimidating attitude must be 4. Legitimate, natural or adopted brothers or
offensive and positively strong. sisters, or
5. Relatives by affinity in the same degree and
Necessity must be both on the means employed relatives by consanguinity within the fourth
and the action taken. civil degree. (KEY: SAD-B4)
Reasonableness of the means employed Paragraph 3. DEFENSE OF STRANGER

depends upon the nature and
quality of the (1) weapon used by Anyone who acts in defense of the person or
the aggressor, and (2) his physical rights of a stranger, provided that the first and
condition, character, size and second requisites mentioned in the first
other circumstances, (3) and those circumstance of this article are present and that
of the person defending himself, (4) the person defending be not induced by revenge,
and also the place and occasion of resentment or other evil motive.
the assault
Any person not included in the enumeration of
relatives mentioned in paragraph 2 of this
article is considered a stranger for the purpose
of paragraph 3.
Distinction must be made between relative and

stranger is important because of the element of
evil motive.
Paragraph 4 AVOIDANCE OF GREATER EVIL

OR INJURY
Any person who, in order to avoid an evil

or injury, does an act which causes injury to
2006 BAR OPERATIONS
another, provided that the following requisites because there is wanting in the agent of the
are present: crime any of the conditions which makes the act
voluntary, or negligent.
First. That the evil sought to be avoided
actually exists; The following are exempt from criminal liability:
Second. That the injury feared be greater than
that done to avoid it; Paragraph 1. IMBECILITY OR INSANITY
Third. That there be no other practical or less
harmful means of preventing it. KEY: PEG An imbecile or an insane person,
unless the latter has acted during a lucid
interval.
The greater evil should not be brought about by
the negligence or imprudence of the actor. When the imbecile or an insane person
has committed an act which the law defines as
The evil which brought about the greater evil a felony (delito), the court shall order his
must not result from a violation of law by the confinement in one of the hospitals or asylums
actor. established for persons thus afflicted, which he
shall not be permitted to leave without first
Paragraph 5. FULFILLMENT OF DUTY; OR obtaining the permission of the same court.
LAWFUL EXERCISE OF RIGHT OR OFFICE
Two (2) tests for exemption on the ground of
Any person who acts in the fulfillment of Insanity:
duty or in the lawful exercise of a right or office
1. The test of COGNITION or whether the
accused acted with complete
deprivation of intelligence in
Requisites:
committing said crime.
1. That the accused acted in the
2. The test of VOLITION or whether the
performance of a duty or in the lawful
accused acted in the total deprivation
exercise of a right or duty.
of freedom of will.
2. That the injury caused or the offense
committed be the necessary
An imbecile is exempt in all cases from criminal
consequence of the due performance of
liability, the insane is not so exempt if it can be
duty or the lawful exercise of such right
shown that he acted during a lucid interval.
or office.
An imbecile is one who while advance in age has
Paragraph 6. OBEDIENCE TO AN ORDER
a mental development comparable to that of
ISSUED FOR SOME LAWFUL PURPOSE
children between two and seven years of age.
Any person who acts in obedience to an
The term insanity contemplated under this
order issued by a superior for some lawful
article pertains to complete deprivation of
purpose.
intelligence or that there be a total deprivation
of the freedom of the will.
Requisites:
Paragraph 2 and 3
1. That an order has been issued by a
superior.
2. That such order must be for some Paragraph 2. A PERSON UNDER NINE YEARS
legal purpose. OF AGE.
3. That the means used by the
subordinate to carry out said order is Paragraph 3. PERSON OVER NINE YEARS OF
lawful. AGE AND UNDER FIFTEEN, ACTING
KEY: OPM WITHOUT DISCERNMENT
A person over nine years of age and under

ART. 12: EXEMPTING CIRCUMSTANCES fifteen, unless he has acted with discernment,
in which case, such minor shall be proceeded
Exempting circumstances (or the against in accordance with article 192 of PD
circumstances for non-imputability) are those 603.
grounds for exemption from punishment,

2006 BAR OPERATIONS
When such minor is adjudged to be criminally It is based on complete absence of intelligence.

irresponsible, the court, in conformity with the
provisions of this and the preceding paragraph, Condition for suspension of sentence if
shall commit him to the care and custody of his minor:
family who shall be charged with his
surveillance and education; otherwise, he shall 1. the crime committed should not carry
be committed to the care of some institution or the penalty of life or death;
person mentioned in article 192 of PD 603.
2. he should not have been given the
Periods of human life under the RPC: benefit of suspension of sentence
Absolute 9 years and below before.
irresponsibility
Conditional >9, <15 3. his age at the time of the promulgation
responsibility of judgment must be below 18, even
Full responsibility 18-70 though at the time of the commission
Mitigated 1) >9, <15- of the crime, he was over 9 and below
responsibility offender acting 15 years of age.
with
discernment. 4. if the offender is above 15, but below
2) 15, <18 18, there is no exemption anymore but
3) over 70 he is also given the benefit of a
suspended sentence under the three
Presumptions: preceding conditions. It the sentence
is promulgated, the court will impose a
1. Conclusive Presumption-if the age of penalty 1 degree lower and in the
the minor does not exceed 9 years, he is proper periods subject to rules an Art.
conclusively exempt from criminal 64.
liability.
Paragraph 4 PERSON WHO WHILE
2. Rebuttable Presumption-if the minor is PERFORMING A LAWFUL ACT WITH DUE
over 9 but under 15, he is disputably CARE, CAUSES INJURY, BY MERE ACCIDENT
presumed not criminally liable but the WITHOUT FAULT OR INTENTION OF
prosecutor can present evidence that he CAUSING IT
acted with discernment. If it’s proven he
acted with discernment, he is criminally Accident-any happening beyond the control of
liable. a person the consequence of which are not
foreseeable.
There is absolute irresponsibility in the case of a
minor under nine years of age. Elements:
Senility although said to be the second 1. A person is performing a lawful act.

childhood, is only mitigating 2. With due care
3. He causes an injury to another by mere
The minor must have acted without accident.
discernment. 4. Without fault or intention of causing it.
KEY: WACA
The minor under 15 years acted without
discernment is presumed. Paragraph 5. A PERSON WHO ACTS UNDER
THE COMPULSION OF AN IRRESISTIBLE
Discernment means the mental capacity of a FORCE
minor between 9 and 15 years of age to fully
appreciate the consequences of his unlawful Elements:
act.
1. That the compulsion is by means of
Facts from which age is presumed must be physical force.
stated for the record. 2. That the physical force must be
irresistible.
The allegation of “with intent to kill” in the 3. That the physical force must come from
information is sufficient allegation of a third person.
discernment. KEY: FI 3rd

2006 BAR OPERATIONS
The irresistible force must produce such an General Rule: There is civil liability
effect upon the individual that, in spite of all
resistance, it reduces him to a mere instrument, Exception: Par 4 (causing an injury by
and as such, incapable of committing a crime. mere accident) and Par 7 (lawful cause)
He must act not only without a will but against
his will. Justifying – person does not transgress the
law, does not commit any crime because
Paragraph 6. A PERSON WHO ACTS UNDER there is nothing unlawful in the act as
THE IMPULSE OF UNCONTROLLABLE FEAR well as the intention of the actor.
OF AN EQUAL OR GREATER INJURY
ABSOLUTORY CAUSES
Elements:
Those where the act committed is a crime but
1. That the threat which caused the fear is for some reason of public policy and sentiment,
of an evil greater than or at least equal there is no penalty imposed.
to, that which he is required to commit.
Exempting and Justifying Circumstances are
2. That it promises an evil of such gravity absolutory causes.
and imminence that the ordinary man
would have succumbed to it. Other examples of absolutory causes:
KEY: TI
Art 6 – spontaneous desistance
A grave fear is not uncontrollable if there was Art 20 – accessories exempt from criminal
an opportunity to verify one’s fear. liability
Art 19 par 1 – profiting one’s self or assisting
Duress as a valid defense should be based on offenders to profit by the effects of the
real, imminent, or reasonable fear for one’s life crime
or limb and should not be speculative, fanciful,
or remote fear. INSTIGATION vs. ENTRAPMENT
UNCONTROLLABLE FEAR DISTINGUISHED
INSTIGATION ENTRAPMENT
FROM IRRESISTIBLE FORCE
Instigator practically The ways and
induces the would-be means are resorted
In irresistible force (par. 5), the offender uses
accused into the to for the purpose
violence or physical force to compel another
commission of the offense of trapping
person to commit a crime; in uncontrollable fear
and himself becomes co- and capturing the
(par. 6), the offender employs intimidation or
principal lawbreaker in
threat in compelling another to commit a crime.
the execution of
his criminal plan.
Paragraph 7. A PERSON WHO FAILS TO
Accused will be acquitted NOT a bar to
PERFORM AN ACT REQUIRED BY LAW,
accused’s
WHEN PREVENTED BY SOME LAWFUL
prosecution
OR INSUPERABLE CAUSE
and conviction
Elements: Absolutory cause NOT an absolutory
cause
1. That an act is required by law to be
done. ART. 13: MITIGATING CIRCUMSTANCE
2. That a person fails to perform such act.
3. That his failure to perform such act was Mitigating circumstances are those which, if
due to some lawful or insuperable present in the commission of the crime,
cause. do not entirely free the actor from criminal
KEY: RIF liability, but serve only to reduce the
penalty.
Distinction between justifying and
exempting circumstance: Mitigating circumstances are based on the
diminution of either freedom of action,
Exempting – there is a crime but there is no intelligence, or intent, or on the lesser perversity
criminal. Act is not justified but the of the offender.
actor is not criminally liable.
Classes of mitigating circumstances:

2006 BAR OPERATIONS
1. Ordinary mitigating- those enumerated must be present. If the 2 nd requisite and the first
in subsections 1-10 of article 13. part of the 4th requisite are absent, the case will
2. Privileged mitigating- those mentioned fall under article 365 which punishes a felony
in articles 68, 69, 64. by negligence or imprudence. In effect, there is
mitigating circumstance because the penalty is
Ordinary Privileged lower than that provided for intentional felony.
As to Can be offset Can never be
nature by generic offset by Paragraph 2. That the offender is UNDER 18
aggravating aggravating YEARS of age or OVER 70 YEARS. In the
circumstances circumstances. case of a minor, he shall be proceeded
As to If not offset, Operates to against in accordance with the provisions of
effect will operate to reduce the Art 192 of PD 603
reduce the penalty by 1 or
penalty to the 2 degrees It contemplates the following:
minimum depending
period, upon what the 1. An offender over 9 but under 15 years of
provided, the law provides. age who acted with discernment.
penalty is 2. An offender 15 or over but under 18
divisible. years of age
3. An offender over 70 years old.
Ordinary mitigating is susceptible of
being offset by any aggravating circumstance;
while privileged mitigating cannot be offset by Paragraph 3. NO INTENTION TO COMMIT SO
aggravating circumstance. GRAVE A WRONG
Ordinary mitigating, if not offset by It can be taken into account only when
aggravating circumstance, produces only the the facts proven show that there is a notable
effect of applying the penalty provided by law for and evident disproportion between the means
the crime in its minimum period, in case of employed to execute the criminal act and its
divisible penalty; whereas, privileged mitigating consequences.
produces the effect of imposing upon the
offender the penalty lower by one or two degrees
than that provided by law for the crime. Paragraph 4. PROVOCATION OR THREAT
Mitigating circumstances. That sufficient provocation or threat on

The following are mitigating circumstances: the part of the offended party immediately
preceded the act.
Paragraph 1. Those mentioned in the
preceding chapter, when all the Requisites:
requisites necessary to justify the act or 1. That the provocation must be sufficient.
to exempt from criminal liability in the 2. That it must originate from the offended
respective cases are not attendant party.
3. That the provocation must be
All the requisites necessary to justify the act are immediate to the act, i.e., to the
not attendant. Incomplete self defense, defense commission of the crime by the person
of relatives, and defense of stranger. Note that who is provoked.
in these three classes of defense, unlawful KEY: POI
aggression must be present, it being an
indispensable requisite. What is absent is either Immediate: if there is a break of time
one or both of the last two requisites. before the provocation or threat and the
consequent commission of the crime, the
Incomplete exempting circumstance of minority law presupposes that during that interval,
over nine and under fifteen years of age. If the whatever anger or diminished self-control
minor over 9 and under 15 years of age acted may have emerged from the offended party
with discernment, he is entitled only to had already vanished or disappeared.
mitigating circumstance, because not all
requisites necessary to exempt from criminal CRITERIA:
liability are present. 1. TIME. If from the element of
time, there is a material lapse
Incomplete exempting circumstance of accident. of time stated in the problem
Under 4th par. Of article 12, four requisites that the effect of the threat or
2006 BAR OPERATIONS
provocation had prolonged about the provocation have done a grave

and affected the offender at need not be a grave offense to the offender
the time he committed the offense or his relatives
crime, the use the criterion Necessary that May be proximate. Time
based on the time element. provocation or threat interval allowed
2. However, if there is that time immediately preceded
element and at the same the act. No time
time, facts are given interval
indicating that at the time the
offender committed the crime, Paragraph 6. PASSION OR OBFUSCATION
he is still suffering from
outrage of the threat or That of having acted upon an impulse so
provocation done to him, then powerful as naturally to have produced passion
he will still get the benefit of or obfuscation
mitigating circumstance.
Requisites;
Provocation- any unjust or improper conduct
or act of the offended party, capable of exciting, 1. The accused acted upon an impulse;
inciting or irritating anyone 2. The impulse must be so powerful that it
naturally produced passion or
The threat should not be offensive and positively obfuscation.
strong. Otherwise, the threat to inflict real
injury is an unlawful aggression, which may When there are causes naturally producing in a
give rise to self- defense person natural excitement, he loses his reason
and self-control, thereby diminishing the
Paragraph 5. VINDICATION OF GRAVE exercise of his will power.(US vs Salandanan 1
OFFENSE Phil 464)
That the act was committed in the Passion or obfuscation may constitute a
immediate vindication of a grave offense to the mitigating circumstance only when the same
one committing the felony(delito), his spouse, arose from lawful sentiments.
ascendants, descendants, legitimate, natural or
adopted brothers or sisters, or relatives by The act of the offended party must be unlawful
affinity within the same degrees. or unjust.
Requisites: The passion or obfuscation must arise from an

act which is:
1. That there be a grave offense done to the
one committing the felony, his spouse, a. coming from the offended party.
ascendants, descendants, legitimate, b. unlawful
natural or adopted brothers or sisters, or c. naturally strong as to condition
relatives by affinity within the same the mind of the offender to
degrees; commit the crime
2. That the felony is committed in d. not far removed from the
vindication of such grave offense. A commission of the crime.
lapse of time is allowed between the
vindication and the doing of the grave EXCEPTIONS: But even when there is actually
offense. passion or obfuscation on the part of the
KEY: VG offender, there is no mitigating circumstance if:
Immediate vindication means proximate. (a) The act is committed in a spirit of

Hence, a lapse of time is allowed between the lawlessness; or
vindication and the doing of the grave offense. (b) The act is committed in a spirit of
Provocation distinguished from Vindication revenge.
PROVOCATION VINDICATION
Made directly only to Grave offense may be Paragraph 7. SURRENDER AND CONFESSION
the person committing also against the OF GUILT
the felony offender’s relatives
mentioned by law That the offender had voluntarily
Cause that brought Offended party must surrendered himself to a person in authority or
2006 BAR OPERATIONS
his agents, or that he had voluntarily confessed whereby his means to act, to defend himself, or
his guilt before the court prior to the to communicate with his fellow human beings,
presentation of evidence for the prosecution. is limited.
Requisites of voluntary surrender: Physical defect must restrict means of action,

defense or communication with fellow beings.
1. That the offender had not been actually
arrested. This provision does not distinguish between
2. That the offender surrendered himself to educated and uneducated deaf-mute or blind
a person in authority or to the latter’s persons. It considers them on equal footing.
agent.
3. That the surrender was voluntary and The circumstance assumes that with their
spontaneous. physical defect, the offenders do not have a
KEY: NAV complete freedom of action therefore
diminishing the element of voluntariness in the
In cases where after committing the crime, commission of a crime.
the offender did not flee and he went with
the law enforcers meekly, voluntary Paragraph 9. ILLNESS OF THE OFFENDER
surrender is not applicable.
Such illness of the offender as would
If after committing the crime, he did not flee, diminish the exercise of the will power of the
instead waited for the law enforcers to arrive offender without however depriving him of the
and he surrendered the weapon he used in consciousness of his acts.
killing the victim, there is voluntary
surrender as he had the opportunity to go Requisites:
into hiding.
1. That the illness of the offender must
Voluntary Plea of Guilt diminish the exercise of his will power.
During arraignment, not preliminary 2. That such illness should not deprive the
investigation: voluntary plea of guilt offender of the consciousness of his acts.
contemplates of an arraignment at which the
accused voluntarily enters a plea of guilt and The basis of this circumstance is the diminution
admission of guilt during preliminary of intelligence and intent
investigation is immaterial.
If the illness not only diminishes the exercise of
Requisites of Voluntary Plea of Guilt: the offender’s will power but deprives him of the
1) it must be unconditional consciousness of his acts, it becomes an
2) spontaneous exempting circumstance to be classified as
3) prior to the presentation of evidence by insanity or imbecility.
the prosecution
4) at the earliest possible time It is said that this paragraph refers only to
5) before a court competent to try the diseases of pathological state that trouble the
same. conscience or will.
KEY: USE PC
Paragraph 10. SIMILAR AND ANALOGOUS
Spontaneous – emphasizes the idea of inner CIRCUMSTANCES
impulse, acting without external stimulus. The
conduct of the accused, not his intention alone, And, finally, any other circumstances of
after the commission a similar nature and analogous to those above
mentioned.
Paragraph 8. PHYSICAL DEFECT OF THE
OFFENDER This authorizes the court to consider in
favor of the accused “any other circumstance of
That the offender is deaf and dumb, a similar nature and analogous to those
blind, or otherwise suffering some physical mentioned” in Pars.1-9 of Article 13.
defect which thus restricts his means of action,
defense or communication with his fellow Examples of “any other circumstance”:
beings.
defendant who is 60 years old with failing
Physical defect referred to in this paragraph is eyesight is similar to a case of one over
such as being armless, cripple, or a stutterer, 70 years old
2006 BAR OPERATIONS
outraged feeling of owner of animal taken for 2. That the crime be committed in
ransom is analogous to vindication of contempt of or with insult to the public
grave offense authorities.
impulse of jealous feeling, similar to Requisites:

PASSION AND OBFUSCATION
voluntary restitution of property, similar to 1) the public authority is engaged in the
voluntary surrender discharge of his duties.
extreme poverty, similar to incomplete 2) he is not the person against whom the
justification based on state of necessit crime is committed; and
esprit de corps is similar to passion or 3) the offender knows of the identity of the
obfuscation public authority.
ART. 14: AGGRAVATING CIRCUMSTANCES 4) His presence has not prevented the offender
from committing the criminal act.
Aggravating circumstances are those KEY: PNKP
circumstance which raise the penalty for a
crime without exceeding the maximum Aggravating only in crimes against persons and
applicable to that crime. honor, not against property
Basis: Paragraph 3. DISREGARD OF RANK, AGE,

They are based on the greater perversity of OR SEX OF OFFENDED PARTY;
the offender manifested in the commission of OR COMMISSION IN THE
the crime as shown by: DWELLING OF THE OFFENDED
1) the motivating power itself PARTY
2) the place of commission
3) the means and ways employed That the act be committed with insult or in
4) the time disregard of the respect due to the offended
5) the personal circumstances of the party on account of his rank, age, or sex, or it
offender, or the offended party. be committed in the dwelling of the offended
party, if the latter has not given provocation.
Classification:
1) Generic-those that generally applies to
There must be proof that the accused
all crimes
deliberately intended to offend or insult the age
2) Specific-those that applies only to a
or sex of the offended party.
particular crime
3) Qualifying-those that changes the
Rank of the offended party refers to a difference
nature of the crime.
in the social condition of the offender and the
4) Inherent-those that must of necessity
offended party.
accompany the commission of the crime.
The age of the offended party provided under
GENERIC QUALIFYING
the paragraph applies to cases where the victim
Circumstance can be It cannot be offset by
is of tender age as well as of old age.
offset by an ordinary any mitigating
mitigating circumstance
Sex of the offended party refers only to the
circumstance.
female sex, not to the male sex.
No need to allege this Must be specifically
in the information, as alleged in the
The paragraph is not applicable in crimes
long as it is proven information. If not,
against property and applicable only in crimes
during the trial. If it is but proven during the
against persons or honor.
proven during the trial, it will be
trial, the court would considered only as
Dwelling should not be understood in the
consider the same in generic.
concept of domicile.
imposing the penalty.
It must not be the dwelling of the offender.
Paragraph 1 and 2.
Dwelling need not be owned by the offended
1. That advantage be taken by the offender party. It is enough that he used the place for
of his public position. his peace of mind, comfort and privacy.

2006 BAR OPERATIONS
Paragraph 4 and 5. crime but whether or not in the place of the

commission of the crime, there was a
4. That the act be committed with abuse of reasonable possibility of the victim receiving
confidence or obvious ungratefulness. some help.
5. That the crime be committed in the Paragraph 8. AID OF ARMED MEN

palace of the Chief Executive, or in his
presence, or where public authorities are That the crime be committed with the
engaged in the discharge of their duties or in aid of armed men or persons who insure or
a place dedicated to religious worship. afford impunity.
Requisites under Par. 4: Requisites:

1) the offended party has trusted the 1) armed person took part in the
offender. commission of the crime, directly or
2) the offender abused that trust. indirectly.
3) the abused facilitated the commission 2) accused availed of their aid or relied
of the crime. upon them when the crime was
KEY: FAT committed.
KEY: TA
If the confidence is reposed by another, the
offended party is different from the one who It is not aggravating:
reposed the confidence and abuse of confidence 1) where the offender and the offended
in that case is not aggravating. party are equally armed.
2) if the person committing the crime and
Paragraph 6 and 7. the armed men are in conspiracy. Aid of
armed men is absorbed.
6. That the crime be committed in the
nighttime or in an uninhabited place, or by a Distinctions between Par. 8 (“WITH AID OF
band, whenever such circumstances may ARMED MEN”) and Par. 6 (“BY A BAND”)
facilitate the commission of the offense.
By a band requires that more than three armed
Whenever more than three armed malefactors shall have acted together in the
malefactors shall have acted together in the commission of an offense. Aid of armed men is
commission of an offense, it shall be deemed present even if one of the offenders merely relied
to have been committed by a band. on their aid, for actual aid is not necessary.
7. That the crime be committed on the Paragraph 9 and 10.

occasion of a conflagration, shipwreck,
earthquake, epidemic, or other calamity or 9. That the accused is a recidivist.
misfortune. ( KEY: E COSE)
I. A recidivist is one who, at the
Elements: time of his trial for one crime,
1) the circumstance of night time shall have been previously
2) they facilitate the commission of the convicted by final judgment of
crime to conceal the offense, ease the another crime embraced
execution or escape. II. in the same title of this Code.
If all these aggravating circumstances concur in 10 That the offender has been previously
the commission of the crime, all will constitute punished for an offense to which the law
one aggravating circumstance. attaches an equal or greater penalty or for
two or more crimes to which it attaches a
Night time, Requisites: lighter penalty.
1) night time facilitated the commission of I.
the crime; or
2) the offender took advantage thereof; RECIDIVISM, defined.
3) it was sought for impunity, or to insure Is one who, at the time of his trial for one
escape, or prevent himself from being crime, shall have been previously convicted by
identified. final judgment of another crime embraced in the
same Title.
Uninhabited place is determined by the
distance of the nearest house to the scene of the Reason for being aggravating:
2006 BAR OPERATIONS
The implication is that the offender is sentence.

specializing on such kind of crime and the law Felony embraced Felony depends on the
wants to prevent any specialization. under the same title of gravity of the penalty
the RPC. attached thereto
It does not prescribe Generic aggravating. Generic aggravating
Pardon does not erase recidivism, even if it is

absolute, because pardon only excuses the Habitual delinquency Reiteracion
service of the penalty, but not the conviction. At least 3 convictions At least 2 convictions,
if the law attaches an
If recidivism is not alleged in the information, it equal or greater
shall de considered as a generic aggravating penalty; 3 if the law
attaches a lighter
Habitual Recidivism Reiteracion Quasi- penalty.
delinquency recidivism
Crimes are specified Crimes are not
Found guilty Once, prior One (or One prior
a third time conviction more) conviction
specified
or oftener. previous 10 years prescriptive Imprescriptible
punishment period
Serious/less An offense One offense Any offense Special aggravating Generic aggravating
serious embraced which the
physical in the same law
injuries. Title of the attaches an Recidivism Habitual delinquency
Robo, hurto, RPC. equal or 2 convictions are At least 3 convictions
estafa, or greater enough
falsification penalty or
two offenses The crimes are not The crimes are limited
to which specified. It is enough and specified: a.
the law that they are embraced serious physical
attaches a under the same title of injuries, b. less serious
lighter the RPC physical injuries, c.
penalty. robbery, d. theft, e.
Imposition Generic Generic Special estafa or swindling,
of additional aggravating aggravating aggravating. and f. falsification.
penalty.
Imprescriptible The limit of 10 years
between every
Recidivism Quasi-Recidivism conviction or release
from punishment.
2 convictions, at least 2 convictions at least
Generic aggravating Special aggravating
Felony must be Any felony
embraced under the Circumstance need not Circumstance must be
same title of the RPC. be alleged in the alleged in the
information information;
Imprescriptible 2nd felony must be
otherwise, the court
committed after
cannot acquire
conviction by final
jurisdiction to impose
judgment of the 1st but
additional penalty.
before sentence begins
or while serving
sentence. Paragraph 11 and 12.
Generic aggravating Special aggravating
11. That the crime be committed in
Need not be alleged in Must be alleged in
consideration of a price, reward, or promise.
the information order to be considered
by the court.
12. That the crime be committed by means
of inundation, fire, poison, explosion,
stranding of a vessel or intentional damage
Recidivism Reiteracion thereto, derailment of a locomotive, or by
2 convictions are At least 2 convictions, the use of any other artifice involving great
enough if the law attaches an waste and ruin.
equal or greater
penalty; at least 3 if
Paragraph 11:
succeeding crimes
have lighter penalty.
When this aggravating circumstance under Par.
Must already served
11is present, there must be two or more
2006 BAR OPERATIONS
principals; the one who gives or offers the price 2) robbery with force upon things where
or promise and the one who accepts it. there is entry into the premises of the
offended party.
It must be shown in the evidence that one of the 3) estafa through false pretenses where the
accused used money or other valuable offender employs insidious means which
consideration for the purpose of inducing cannot happen accidentally.
another to perform the deed.
Paragraph 14 CRAFT, FRAUD, OR DISGUISE
Also under this paragraph, both the giver/s and
receiver/s are offenders Craft refers intellectual cunning or trickery. It is
employed as a scheme in the execution of the crime
Paragraph 12:
Fraud refers insidious words or machinations
The circumstances provided in paragraph 12
used to induce victim to act in a manner which
are cannot be considered to increase the penalty
would enable the offender to carry out his
or to change the nature of the offense unless
design.
used by the offender as a means to accomplish
a criminal purpose.
Disguise enables the offender to conceal his
identity and to escape it must conceal the
identity of the offender, if he is recognized, the
Paragraph 13. EVIDENT PREMEDITATION disguise will not be considered aggravating.
Essence of premeditation: the execution of the It is necessary that the offender had actually
criminal act must be preceded by cool thought taken advantage of craft, fraud, or disguise to
and reflection upon the resolution to carry out facilitate the commission of the crime.
the criminal intent during the space of time
sufficient to arrive at a calm judgment The circumstances under this paragraph are
characterized by the intellectual or mental
Conditions: approach, rather than the physical means to
which criminal resorts to carry out his
1) the time when the accused determined intention.
to commit the crime.
2) an act manifestly indicating that the
accused has clung to his determination. Paragraph 15. SUPERIOR STRENGHT; OR
3) sufficient lapse of time between such MEANS TO WEAKEN DEFENSE
determination and execution, to allow
him to reflect upon the consequences of
his act. The paragraph refers to the intentional
KEY: LAD employment of excessive means out of
proportions to the means of defense available to
Evident premeditation shall not be the offended party.
considered when the crime refers to a
different person other than the person Superiority may arise from aggressor’s sex,
premeditated against. weapon or number as compared to that of the
victim (e.g. accused attacked an unarmed girl
Under this paragraph the premeditation with a bolo; 3 men stabbed to death the female
must be clear reflection on the part of the victim).
offender.
No advantage of superior strength when one
It is required that there be evidence showing who attacks is overcome with passion and
meditation between the time when the obfuscation or when quarrel arose unexpectedly
offender determined to commit the crime and the fatal blow was struck while victim and
and the time when the offender executed the accused were struggling.
act. It must appear that the offender clung
to his determination to commit the crime. To appreciate abuse of superior strength, what
should be considered is not that there were
Some crimes where evident premeditation is three, four or more assailants of the victim.
absorbed: What matters is whether the aggressors took
1) kidnapping for ransom advantage of their combined strength in order to
consummate the crime.

2006 BAR OPERATIONS
The fact known however that there were two TREACHERY SUPERIOR TO WEAKEN
persons who attacked the victim does not per se STRENGTH DEFENSE
establish that the crime was committed with Means, Offender does not Means are
abuse of superior strength. To take advantage of methods or employ means, employed but
forms are methods or forms it only
superior strength means to purposely use
employed by of attack, he only materially
excessive force out of proportion to the means the offender takes advantage weakens the
available to the person attacked to defend to make it of his superior resisting
himself. impossible or strength power of the
hard for the offended
Requisite of Means to Weaken Defense: offended party
Means were purposely sought to weaken the party to put
defense of the victim to resist the assault any sort of
resistance
The means used must not totally eliminate
possible defense of the victim, otherwise
Paragraph 17 IGNOMINY
it will fall under treachery
That means be employed or
Paragraph 16. TREACHERY
circumstances brought about which add
ignominy to the natural effects of the act.
There is a treachery when the offender
commits any of the crimes against the person,
employing means, methods or forms in the IGNOMINY – is a circumstance pertaining to the
execution thereof which tend directly and moral order, which adds disgrace and obloquy
specially to insure its execution, without risk to to the material injury caused by the crime
himself arising from the defense which the
offended party might make. Applicable to crimes against chastity (rape
included), less serious physical injuries, light or
Requisites: grave coercion and murder
1) the malefactors employs such means,
methods or manner of execution that Requisites:
ensures his or her safety from the Crime must be against chastity, less
defensive or retaliatory act of the victim. serious physical injuries, light or grave
2) such means, method or form of coercion, and murder
execution is consciously or deliberately The circumstance made the crime more
adopted by the accused. humiliating and shameful for the
KEY: ED victim
TREACHERY refers to the employment of Ignominy Cruelty

means, method and form in the commission of Shocks moral Physical
the crime which tend directly and specially to conscience
insure its execution without risk to himself Moral effect of a crime Pertains to the
arising from the defense which the offended and it pertains to the physical suffering of
party might make. moral order, whether the victim so the
or not the victim is victim has to be alive.
The essence of treachery is that by virtue of the dead or alive
means, method or form employed by the
offender, the offended party was not able to put Paragraphs 18, 19 and 20.
up any defense. If the offended party was able to
put up a defense, even only a token one, there is 18. That the crime be committed after an
no treachery anymore. Instead some other unlawful entry.
aggravating circumstance may be present but
not treachery anymore.
19. That as a means to the commission of a
There is absence of treachery t when the attack crime a wall, roof, floor, door, or window be
was accidental or merely incidental because in broken.
the definition of treachery, the implication is
that the offender had consciously and 20. That the crime be committed with the
deliberately adopted the method, means and aid of persons under fifteen years of age, or
form used or employed by him by means of motor vehicle, airships, or other
similar means.
MEANS
ABUSE OF EMPLOYED
2006 BAR OPERATIONS
Under Par. 18 there is an unlawful entry when They are:

an entrance is effected by a way not intended 1) relationship
for the purpose. 2) intoxication
3) degree of instruction and education of
To be considered as an aggravating the offender.
circumstance under Par. 19, the breaking the KEY: Di-RI
door must be utilized as a means to the
commission of the crime. 1. RELATIONSHIP (KEY: SAD-BA)
It shall be taken when the offended party is the:
Two different circumstances grouped under a) spouse
Par. 20 b) ascendant
c) descendant
In the first circumstance the main purpose of d) legitimate, natural or adopted brother or
the law is to repress, the frequent practice sister, or
resorted to by professional criminals to avail e) relative by affinity in the same degree of
themselves of minors taking advantage of their the offender.
responsibility. It can be noted that minors are
given leniency when they commit a crime. Relationship is Exempting when:
a) accessory is related to the principal (Art.
The minors here could be accessories, 20)
accomplices or principals who aided the b) a spouse does not incur criminal liability
accused in the commission of the crime. for a crime of less serious physical
injuries or serious physical injuries if it
In the second circumstance the law tends to was inflicted after having surprised the
counteract the great facilities found by modern offended spouse and the paramour
criminals in said means to commit crime and actually in the act of having sex. (Art.
flee and abscond once the same is committed. 247)
c) in the crimes of theft, malicious mischief
Paragraph 21 CRUELTY and estafa, if the offender is the spouse,
ascendant , or descendant or if the
That the wrong done in the commission of offender is a sister or brother-in-law of
the crime be deliberately augmented by causing the offended party and they are living
other wrong not necessary for its commission. together. (Art. 332) this is an absolutory
cause.
CRUELTY is present when the culprit enjoys
and delights in making his victim suffer slowly Relationship is Qualifying when:
and gradually, causing him unnecessary a) Qualified seduction: brother (Art. 337)
physical pain in the consummation of the b) Rape (Art. 335): when the victim is under
criminal act. Cruelty cannot be presumed nor 18 years of age and the offender is a
merely inferred from the body of the deceased. parent, ascendant, step-parent,
guardian, relative by consanguinity or
Requisites: affinity within the third civil degree, or
that the injury caused be deliberately the common-law-spouse of the parent of
increased by causing other wrong the victim.
that the other wrong be unnecessary for the
execution of the purpose of the offender Relationship is mitigating, generally, in
crimes against property.
There must be evidence showing the accused
inflicted the alleged wounds slowly and Relationship is aggravating in crimes against
gradually and that he is delighted in seeing the person, chastity and honor.
victim suffer in pain. In the ABSENCE of this
effect, there is no cruelty. 2. INTOXICATION
ART. 15 ALTERNATIVE CIRCUMSTANCES Intoxication means that the offender’s mental

faculties are affected by drunkenness. It is not
Alternative circumstances are those which must the quantity of alcohol taken by the offender
be taken into consideration as that determines drunkenness. It is the effect of
1) aggravating or mitigating according to the alcohol taken by him that matters. If the
the nature and effects of the crime, and alcohol taken by him blurs his reason and
2) The other conditions attending its deprives him of self-control, then he is
commission. intoxicated.
2006 BAR OPERATIONS
This classification is true only under the

It is aggravating when: Revised Penal Code and is not used under
Intoxication is ipso facto mitigating, thus special laws, because the penalties under the
if the prosecution wants to deny the offender latter are never graduated
the benefit of this mitigating, they should prove
that it is HABITUAL and INTENTIONAL. Accessories are not liable for light felonies
because the individual prejudice is so small that
It is mitigating when: penal sanction is not necessary
The offender has reached that degree of
intoxication where he has no control of himself. ART. 17:
It is not the number of drinks he had that will The following are considered principal:
determine this but the conduct of the offender, 1) those who take a direct part in the
the manner of committing the crime, and his execution of the act;
behavior after committing the crime. 2) those who directly force or induce
others to commit it;
3. DEGREE OF INSTRUCTION AND 3) those who cooperate in the commission
EDUCATION of the offense by another act without
which it would not have been
It is mitigating in most crimes, EXCEPT accomplished.
where the natural law posits the general and KEY: DIC
obvious rule that said crime should not be done,
like rape, murder, or robbery. PRINCIPALS BY DIRECT PARTICIPATION
The principal by direct participation
It is aggravating when the offender used must be at the scene of the crime, personally
his education in the commission of the crime. taking part in the execution of the same.
Title 2 Requisites:
PERSONS CRIMINALLY LIABLE FOR a. participated in the criminal resolution
FELONIES (conspiracy)
carried out their plan and personally took
ART. 16: part in its execution by acts which
The following are criminally liable for GRAVE directly tended to the same end
AND LESS GRAVE FELONIES: (KEY: PAA)
1) Principals Inducement should one that is strong enough
2) Accomplices that the person induced could hardly resist.
3) Accessories This is tantamount to an irresistible force
compelling the person induced to carry out the
The following are criminally liable for LIGHT execution of the crime.Ill advised language is
FELONIES: not enough, unless he who made such remark
(KEY:PA) or advise is a co-conspirator in the crime
1) Principals committed.
2) Accomplices
Ways of becoming a principal by inducement:
It is necessary to classify offenders when more
than 1 took part in the commission of the crime 1. by directly forcing another to commit a
to determine the proper penalty. If only 1 crime, and
person committed a crime, do not use the term a. by using irresistible force;
principal. b. by causing uncontrollable fear.
When there are several participants, the first 2. by directly inducing another to commit a
thing to do is find out if there is CONSPIRACY. crime.
However, if the participant of 1 is so significant, a. By giving price or offering reward or
such that even without his cooperation, the promise;
crime would be committed just as well, then b. By using words of command.
notwithstanding the existence of a conspiracy,
such offender may be regarded only as an Requisites:
accomplice. The reason for this is the law 1) that the inducement be made
favors a milder form of criminal liability if the directly with the intention of
act of the participant does not demonstrate procuring the commission of
clear perversity. the crime.

2006 BAR OPERATIONS
2) that such inducement be the Contributing by positive acts to the

determining cause of the realization of a common criminal
commission of the crime. intent
Presence during the commission of the
The one who induced is merely an accomplice if crime by a band and lending moral
he merely goaded or provided encouragement to support thereto.
the offender.
While conspiracy may be implied from the
If the inducement was made while the crime is circumstances attending the commission
already taking place, inducement cannot be said of the crime, it is nevertheless a rule that
to be the reason for the felonious act. conspiracy must be established by
positive and conclusive evidence.
INDUCTOR PROPOSES TO
COMMIT A FELONY PRINCIPALS BY INDISPENSABLE
Induce others Same COOPERATION
Liable only when the Punishable at once
crime is executed when proposes to Principals by Indispensable Cooperation
commit rebellion or refers to those who cooperate in the commission
treason. The person of the offense by another act without which it
to whom one would not have been accomplished. Like in the
proposed should not case of Principal by Inducement, it presupposes
commit the crime, the existence of the principal by direct
otherwise the latter participation otherwise with whom shall he
becomes an inductor cooperate with indispensably.
Covers any crime Covers only treason
and rebellion Requisites:
Participation in the criminal resolution
Conspiracy – is unity of purpose and intention. Cooperation through another act
(includes negligence)
To be a party to a conspiracy, one must have
the intention to participate in the transaction The offender in this case must have knowledge
with a view to further the common design and of the criminal designs of the principal by direct
purpose. Mere knowledge, acquiescence, or participation. Thereafter, he cooperates in the
approval of the act is not enough. When there is commission of the offense by an act without
no conspiracy in the commission of the crime, which the crime would not have been
each of the offenders is liable only by the acts committed.
performed by him.
There is collective criminal responsibility
Establishment of Conspiracy when the offenders are criminally liable in the
proven by overt act same manner and to the same extent. The
penalty is the same for all.
Not mere knowledge or approval
There is individual criminal responsibility
It is not necessary that there be formal when there is no conspiracy.
agreement.
The requisites for one to come under the ambit
Must prove beyond reasonable doubt of paragraph 3 requires the participation of the
offender in the criminal resolution. The
Conspiracy is implied when the accused had participation must be before the commission of
a common purpose and were united in the crime charged. He should cooperate in the
execution. commission of the offense by performing
another act by without which the offense would
Unity of purpose and intention in the not have been committed. The act of the
commission of the crime may be shown principal by indispensable cooperation should
in the following cases: not be the act that constitutes the execution of
Spontaneous agreement at the moment the crime. It must be by another act.
of the commission of the crime
Active Cooperation by all the offenders in Principal by indispensable cooperation
the perpetration of the crime distinguished from an accomplice

2006 BAR OPERATIONS
The point is not just on participation but on the 1. by profiting themselves or assisting the
importance of participation in committing the offender to profit by the effects of the
crime. The basis is the importance of the crime.
cooperation to the consummation of the crime. 2. by concealing or destroying the body of
If the crime could hardly be committed without the crime, or the effects or instruments
such cooperation, then such cooperation would thereof, in order to prevent its discovery.
bring about a principal. But if the cooperation 3. by harboring, concealing or assisting in
merely facilitated or hastened the the escape of the principals of the crime,
consummation of the crime, this would make provided the accessory acts with abuse
the cooperator merely an accomplice. of his public functions or whenever the
author of the crime is guilty of treason,
ART. 18: ACCOMPLICES parricide, murder, or an attempt to take
the life of the Chief Executive, or is
Accomplices refer to those persons who, not known to be habitually guilty of some
being included in article 17, cooperate in the other crime.
execution of the offense or simultaneous acts. KEY: PCH
Requisites: One cannot be an accessory unless he knows of

there be a community of design (principal the commission of the crime. One must not
originates the design, accomplice only have participated in the commission of the
concurs) crime. The accessory comes into the picture
he cooperates in the execution by previous when the crime is already consummated.
or simultaneous acts, intending to give
material and moral aid (cooperation Instances when an accessory may be
must be knowingly done, it must also be convicted without conviction on the part of
necessary and not indispensable the principal:
There be a relation between the acts of the 1) if the act committed by the accessory is
principal and the alleged accomplice under subsection 1 and 2;
KEY: CCR 2) if the principal is acquitted by reason of
an exempting circumstance;
Accomplice Co-conspirator 3) if the principal is not with the custody of
Liability is 1 degree Liability is collective, proper authorities if the accessory
lower than that of the not individual. helped the principal to escape.
principal.
Came to know of the Know of the criminal Difference of accessory from principal and
criminal intention after intention as he is one accomplice:
the principals have of the authors. Accessory does not take direct part or
reached a decision. cooperate in, or induce the commission
Merely concur and Decide to commit the of the crime
cooperate in the crime.
commission of the Accessory does not cooperate in the
crime. commission of the offense by acts either
Merely the Authors of the crime. prior thereto or simultaneous therewith
instruments who
perform essential acts Participation of the accessory in all cases
for the perpetration of always takes place after the commission
the offense. of the crime
Acts are not Acts are indispensable.
Takes part in the crime through his
indispensable.
knowledge of the commission of the
ART. 19: ACCESSORIES offense.
Accessories are those who, having

ART. 20: ACCESSORIES WHO ARE EXEMPT
knowledge of the commission of the crime, and
FROM CRIMINAL LIABILITY
without having participated therein, either as
principals or accomplices, take part subsequent
The penalties prescribed for accessories shall
to its commission in any of the following
not be imposed upon those who are such with
manners:
respect to their
a. Spouses,
b. Ascendants,
2006 BAR OPERATIONS
c. Descendants, indication of absolute right and moral law

d. Legitimate, natural and adopted violated by the criminal.
brothers and sisters, or
e. Relatives by affinity within the same MEASURES OF PREVENTION OF SAFETY
degree WHICH ARE NOT CONSIDERED PENALTIES:
With the SINGLE EXCEPTION of accessories
falling within the provisions of paragraph 1 of 1. The arrest and temporary detention of
the next preceding article accused persons as well as their detention of
accused person as well as their detention by
Basis: Ties of blood and the preservation of the reason of insanity, or imbecility or illness
cleanliness of one’s name which compels one to requiring their confinement in a hospital.
conceal crimes committed by relatives so near 2. The commitment of a minor to any of the
as those mentioned institutions mentioned in Art. 80 for the
purposes specified therein.
An accessory is not also liable if the felony 3. Suspension from the employment or public
committed is a light felony. office during the trial or in order to institute
proceedings.
An accessory is not exempt when he helped a 4. Fines and other corrective measures, which,
relative-principal by profiting from the effects of in the exercise of their administrative
the crime, or assisted the offender to profit from disciplinary powers, superior officials may
the effects of the crime. impose upon their subordinate.
5. Deprivation of rights and reparations which
Title 3 the civil laws may establish in penal form.
PENALTIES
The RPC specify that such detention shall
PENALTY, defined. not be penalties but merely a preventive
It is the suffering that is inflicted by the measure because this gives justification for
state for the transgression of a law. detaining the accused. Otherwise, the
detention would violate the constitutional
Judicial conditions of penalty: provision that no person shall deprived of
1. must be productive of suffering, without life, liberty and property without due
however affecting the integrity of the human process of law. And also, the constitutional
personality right of an accused to be presumed innocent
2. must be proportional/commensurate until the contrary is proved.
with the offense.
3. must be personal THREE-FOLD PURPOSE OF THE PENALTY
4. must be legal UNDER THE RPC:
5. must be certain
6. must be equal for all Retribution or expiation – the penalty is
7. must be correctional commensurate with the gravity of the
offense
KEY: P2L(a)C3E Correction or reformation- as shown by the
rules which regulate the execution of the
Theories of Justifying Penalty: penalties consisting in deprivation of liberty
Social defense – shown by its inflexible severity
1. PREVENTION – the state of must to recidivists and habitual delinquents
punish the criminal to prevent or suppress
the danger to the state arising from the Art. 21: Penalties that may be imposed. — No
criminal acts of the offender. felony shall be punishable by any penalty not
2. SELF-DEFENSE – the state has a right prescribed by law prior to its commission.
to punish the criminal as measure of self-
defense so as to project society from the Guarantees that no act of a citizen will be
threat and wrong inflicted by the criminal. considered criminal unless the State has made
3. REFORMATION – the object of it so by law and provided a penalty
punishment in criminal cases is to correct
and reform the offender. By reason of Art. 21, an act or omission cannot
4. EXEMPLARITY – the criminal is be punished by the State if at the time it was
punished to serve as example to deter others committed there was no law prohibiting it. The
from committing crimes. rule is that a man cannot be expected to obey
5. JUSTICE – that crime must be punished an order that was not made known to him.
by the state as an act of retributive justice, a
2006 BAR OPERATIONS
Art. 22: RETROACTIVE EFFECT OF Criminal liability is cannot be compromise, only

PENAL LAWS.- Penal Laws shall have a civil liability – but it still shall not extinguish the
retroactive effect insofar as they favor the public action for the imposition of the legal
persons guilty of a felony, who is not a penalty. Article 2034 of the New Civil Code
habitual criminal, as this term is defined in provides: “there may be a compromise upon the
Rule 5 of Article 62 of this Code, although at civil liability arising from an offense; but such
the time of the publication of such laws a compromise shall not extinguish the public
final sentence has been pronounced and the action for the imposition of the legal penalty.”
convict is serving the same.
A contract stipulating for the renunciation of
AN EX POST FACTO LAW IS ANY ONE the right to prosecute an offense or waiving the
WHICH: criminal liability is void.
makes criminal an act done before the passage An offended party in the crimes of adultery and
of the law, and which was innocent when concubinage cannot institute criminal
done, and punishes such an act; prosecution if he shall have consented or
aggravates a crime, or makes it greater than it pardoned the offenders. Pardon in adultery and
was, when committed; concubinage may be implied – continued
changes the punishment and inflicts a greater inaction after learning of the offense. There is
punishment than the law annexed to the also a need to pardon both offenders.
crime when committed;
alters the legal rules of evidence and authorizes The pardon afforded the offenders must come
conviction upon less or different testimony before the institution of the criminal
that the law required at the time of the proceedings. Complaint for any of the above-
commission of the offense; mentioned crimes in Art 344 will still be
assuming to regulate civil rights and remedies prosecuted by the court on the ground that the
only, in effect imposes penalty or deprivation pardon (basis for the motion to dismiss) was
of a right for something which when done given after the filing of the complaint.
was lawful; and
deprives a person accused of a crime of some The only act that extinguishes the penal action,
lawful protection to which he has become after the institution of criminal action, is the
entitled, such as the protection of a former marriage between the offender and the offended
conviction or acquittal, or a proclamation of party
amnesty
Pardon under Art 344 is only a bar to criminal
KEY: CAPE CP prosecution. It does not extinguish criminal
ART. 23. EFFECT OF PARDON BY THE liability. It is not one of the causes that totally
OFFENDED PARTY extinguish criminal liability in Art 89.
As a rule, a pardon by the offended party does Civil liability with regard to the interest of the
not extinguish criminal action, except as injured party is extinguished by his express
provided under Art. 344 of RPC. waiver because personal injury may be repaired
through indemnity anyway. State has no reason
Two classes of injuries caused by an offense: to insist on its payment.
Social injury, produced by the disturbance and ART. 24. MEASURES OF PREVENTION OR
alarm, which are the outcome of the offense. SAFETY WHICH ARE NOT CONSIDERED
This is repaired through the imposition of PENALTIES
the corresponding penalty. The State has
an interest in this class of injury so the THE FOLLOWING ARE NOT CONSIDERED
offended party cannot pardon the offender PENALTIES:
so as to relieve him of the penalty.
Personal injury, caused to the victim of the The arrest and temporary detention of accused
crime, who suffered damage either to his persons, as well as their detention by reason
person, to his property, to his honor, or to of insanity or imbecility or illness requiring
her chastity. This is repaired through their confinement in a hospital;
indemnity, which is civil in nature. The The commitment of a minor to any of the
offended party may waive it and the state institutions mentioned in Art. 80 (now
has no reason to insist on its payment. PD603) for the purposes specified therein;
Suspension from the employment or public
office during the trial or in order to institute
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proceedings; Deprivation of freedom Afflictive

Fines and other corrective measures which, in (reclusion, prision, arresto)
the exercise of their administrative Restriction of freedom Correctional
disciplinary powers, superior officials may (destierro)
impose upon their subordinates; and Deprivation of rights Light
deprivation of rights and reparations which (disqualification and
the civil laws may establish in penal for suspension)
Pecuniary fine
ART. 25: PENALTIES WHICH MAY BE DURATION OF EACH DIFFERENT

IMPOSED— The penalties which may be PENALTIES:
imposed according to this Code, and their
different classes, are those included in the 1. PERPETUAL PENALTIES – convict
following Scale: pardoned after undergoing the penalty
for 30 years, except when he is not
PRINCIPAL PENALTIES worthy of pardon by reason of his
conduct or some other serious cause.
Capital punishment: 2. RECLUSION TEMPORAL – 12 years and
Death. 1 day to 20 years.
3. PRISION MAYOR AND TEMPORARY
Afflictive penalties: DISQUALIFICATION – 6 years and 1
Reclusion perpetua, day to 12 years, except when
Reclusion temporal, disqualification is accessory penalty, in
Perpetual or temporary absolute which case its duration is that of the
disqualification, principal penalty.
Perpetual or temporary special 4. PRISION CORRECTIONAL,
disqualification, SUSPENSION AND DESTIERRO – 6
Prision mayor. months and 1 day to 6 years, except
when suspension is an accessory
Correctional penalties: penalty, in which case its duration is
Prision correccional, that of the principal penalty.
Arresto mayor, 5. ARRESTO MAYOR – 1 month and 1 day
Suspension, to 6 months.
Destierro. 6. ARRESTO MENOR – 1 day to 30 days
7. BOND TO KEEP THE PEACE – the
Light penalties: period during which the bond shall be
Arresto menor, effective is discretionary to the court.
Public censure.
DESTIERRO – Is a punishment whereby a
Penalties common to the three preceding convict is vanished to a certain place and is
classes: prohibited from entering or coming near that
Fine, and place designed in the sentence, not less than
Bond to keep the peace. 25 kilometers.
ACCESSORY PENALTIES If the convict should enter the prohibited

places, he commits the crime of Evasion of
Perpetual or temporary absolute Service of sentence under ART. 157, RPC.
disqualification,
Perpetual or temporary special disqualification, DESTIERRO IS IMPOSED IN THE
Suspension from public office, the right to vote FOLLOWING SITUATIONS:
and be voted for, the profession or calling.
Civil interdiction, 1. When a legally person who had
Indemnification, surprised his or her spouse in the act of
Forfeiture or confiscation of instruments and sexual intercourse with another and while in
proceeds of the offense, that act or immediately thereafter should kill
Payment of costs. or inflict serious physical injuries upon the
other spouse and/or the paramour or
CLASSIFICATION OF PENALTIES: mistress.
2. In the crime of grave threat or light
AS TO SUBJECT MATTER AS TO GRAVITY threat, when the offender is required to put
Corporal (death) Capital a bond for good behavior but failed or
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refused to do so under ART. 284, such

convict shall be sentenced to Destierro so PREVENTIVE IMPRISONMENT
that he would not be able to carry out his The accused undergoes preventive
threat. imprisonment when the offense charged is
3. In the crime of concubinage, the penalty nonbailable or even if bailable he cannot further
prescribed for the concubinage is Destierro the required bill.
under ART. 334.
4. Where the penalty prescribed by law is Preventive imprisonment shall be credited in
Arresto Mayor but then, the offender is the service of their sentence with the full
entitled privileged mitigating circumstance time during which they have undergone it;
and lowering the prescribed penalty by one PROVIDED: he agrees voluntarily in writing
degree, the penalty one degree lower is to abide by the same disciplinary rules
Destierro. So it shall be the one imposed. imposed upon convicted prisoners:
Death Penalty shall not be imposed in the If the detention prisoner does not agree to
following instances: abide by the same disciplinary rules
1. when the guilty person is below 18 years imposed upon convicted prisoners, he shall
of age at the time of the commission of be credited in the service of his, sentence
the crime. with four-fifths (4/5) if the time during
2. is more than 70 years of age. which he has undergone preventive
3. when upon appeal or automatic review of imprisonment.
the case by the Supreme Court, the
required majority vote is not obtained for OUTLINE OF ACCESSORY PENALTIES
the imposition of he death penalty, in INHERENT IN PRINCIPAL PENALTIES:
which cases the penalty shall be
reclusion perpetua, DEATH RECLUSION PRISION PRISION
PERPETUA/ MAYOR CORRECTIONAL
Situations in which the execution of death TEMPORAL
penalty be suspended: Perpetual Civil interdiction Temporar Suspension from
1. if convict is pregnant, or within 1 year absolute for life or during y absolute public office,
after her delivery disqualific the sentence disqualific profession or calling
2. convicts becomes insane or an imbecile ation ation
after conviction
3. court orders suspension by reason of:
a. doubt as to the identity of the convict Civil Perpetual That of Perpetual special
b. there is a request for executive clemency interdictio absolute perpetual disqualification from
4. President grants reprieve. n during disqualification, special suffrage, if the
30 years, unless expressly disqualific duration of
if not remitted in the ation from imprisonment
expressly pardon of the suffrage, exceeds/ 8 months,
RULES FOR THE COMPUTATION OF remitted in principal penalty unless unless expressly
PENALTIES: the pardon expressly remitted in the
remitted pardon of the
1. WHEN THE OFFENDER IS IN PRISON – in the principal penalty
the duration of temporary penalties is from pardon of
the
the day on which the judgment of conviction
principal
becomes final. penalty
2. WHEN THE OFFENDER IS NOT IN
PRISON – the duration of the penalty
consisting in deprivation of liberty, is from
the day that the offender is placed at the
disposal of judicial authorities for the Effects of the penalties of perpetual or
enforcement of the penalty. temporary absolute disqualification:
3. THE DURATION OF OTHER PENALTIES 1. the deprivation of the public offices and
– the duration is from the day on which the employments which the offender may
offender commences to serve his sentence. have held even if conferred by popular
election.
In an appeal, the service of sentence should 2. the deprivation of the right to vote in any
commence from the date of the election for any popular office or to be
promulgation of the decision of the appellate elected to such office.
court, not from the date the judgment of the 3. the disqualification for the offices or
trial court was promulgated. public employments and for the exercise
of any of the rights mentioned.
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4. the loss of all rights to retirement pay or 2. indemnification of the consequential

other pension for any office formerly damages
held. 3. fine
5. in case of temporary disqualification, the 4. costs of proceedings
disqualification in 2 and 3 shall last KEY: RIFC
during the term of the sentence.
1 and 2 are payable to the offended party. 3 and
In absolute disqualification, all these effects last 4 are payable to the state.
during the lifetime of the convict and even after
the service of the sentence. When applicable:
It is applicable “in case the property of
Effects of the penalties of perpetual or the offender should not se sufficient for the
temporary special disqualification: payment of all his pecuniary liabilities. Hence,
1. the deprivation of the office, if the offender has sufficient or no property, it is
employment, profession, or calling not applicable.
affected;
2. the disqualification for holding similar SUBSIDIARY PENALTY, defined.
offices or employments either perpetually It is a subsidiary personal liability to be
or during the term of the sentence suffered by the convict who has no property
according to the extent of such with which to meet the fine at the rate of one
disqualification. day for each 8 pesos, subject to the rules
provided in Article 39.
Special disqualification for the exercise of
the right of suffrage: SUBSIDIARY PENALTY IS APPLIED WHEN:
1. Deprivation of the right to vote or to be
elected to an office; 1. If the subsidiary penalty prescribed for
6) cannot hold any public office during the the non payment of fine which goes with the
period of disqualification. principal penalty, the maximum duration of
the subsidiary penalty is one year, so there
CIVIL INTERDICTION, defined. is no subsidiary penalty that goes beyond
It is the deprivation of the following one year. But this will only be true if the one
rights: year period is higher than 1/3 of the
1. parental authority principal penalty, the convict cannot be
2. guardianship over the person or made to undergo subsidiary penalty more
property of the ward than 1/3 of the duration of the principal
3. marital authority penalty and in no principal penalty –
4. right to manage property and to whichever is lower.
dispose of the same.
KEY: PGMM 2. If the subsidiary penalty is to be imposed
for non payment of fine and the principal
Bond to keep peace Bond for good penalty imposed be fine only, which is a
behavior single penalty, that means it does not go
A principal penalty, This penalty is not with another principal penalty, the most
not an accessory found in article 25. that the convict will be required to undergo
penalty. subsidiary imprisonment is 6 months, if the
No particular felony This is a penalty felony committed is grave or less grave,
where this is particular to article otherwise, if the felony committed is slight
prescribed. 284- grave or light the maximum duration of the subsidiary
threats. penalty is only 15 days.
The consequence of Failure to put up a
failure to put up this bond results in When is it proper:
bond is imprisonment destierro. It is proper when the convict is insolvent
for 6 months or 30 and:
days depending on 1. when there is a principal penalty
whether the felony of imprisonment or any other
committed is grave or principal penalty and carries with
less grave felony or it a fine; and
light. 2. when the penalty is only a fine.
PECUNIARY LIABILITIES: Penalty Duration of stay

1. the reparation of the damage caused. Prision correccional or Remain under
2006 BAR OPERATIONS
arresto and fine confinement until his made to suffer distinct penalty only, although it
fine is satisfied; but it is the penalty for the most serious one and in
shall not exceed 1/3 of the maximum period. It is in consonance with
the term of sentence, the doctrine of pro reo.
and not more than 1
year. A complex crime is either:
Fine a. grave or less grave 1. a single act constituting 2 or
felony: not more than more grave or less grave felonies;
6 months. 2. an offense is a necessary means
b. Light: not more for committing the other-
than 15 days COMPLEX CRIME PROPER.
Higher than Prision No imprisonment
Correccional Forms:
Not confinement in a Follow above rules 1. Compound crimes
penal institution, but 2. Complex Crime Proper
penalty is of fixed 3. Composite Crime
duration 4. Continued Crime
FINE: Subsidiary penalty applies only for the 1. Compound crimes

non-payment of the fine, criminal aspect; and Offender performs a single act and
not the civil aspect. The latter is what article 38 produces 2 or more crimes; no regard for the
contemplates. gravity of crimes, as long as there is only 1 act.
PUBLIC CENSURE AND FINE: If the penalty is Requisites:

public censure and fine even if the public 1. that only a single act is performed by the
censure is a light penalty, the convict cannot be offender;
required to pay the fine for subsidiary penalty 2. that the single act produces:
for the non payment of the fine because public a. 2 or more grave felonies
censure is a penalty that has no fixed duration. b. I or more grave or I or more less
grave felonies
DESTIERRO AND FINE: The convict can be c. 2 or more less grave felonies.
required to undergo the subsidiary penalty, as
destierro, though not imprisonment, is still a 2. Complex Crime Proper
penalty to be served. Hence, subsidiary penalty Requisites:
applies. 1. at least 2 offenses are committed
2. 1 or some of the offenses must be
TOTALITY OF PENALTY UNDER THE 3-FOLD necessary to commit the other
RULE: Do not consider the totality of the 3. both or all the offenses must be
imprisonment of the convict is sentenced to but punishable under the RPC.
consider the totality or the duration of the
imprisonment that the convict will be required  One was used to facilitate the
to serve under the 3-fold rule. If the totality of commission of the crime.
the imprisonment under this rule does not
exceed 6 years, then even if the totality of the 3. Composite Crime
sentences without applying the 3-fold rule will Are special complex crimes composed of
go beyond 6 years, the convict shall be required two felonies, punishable under a separate
to undergo subsidiary penalty if he could not article in the RPS. In substance, it is made up
pay the fine. of more than 1 crime but in the eyes of the law
is only a single indivisible crime. (Robbery with
ART. 48: COMPLEX CRIME Homicide/Rape)
Complex crime, defined: 4. Continued Crime

When a single act constitutes 2 or more This is a single crime consisting of a
grave or less grave felonies, or when an offense series of overt acts arising from a single criminal
is a necessary means for committing the other, resolution or intent not susceptible of division.
the penalty for the most serious crime shall be
imposed, the same to be applied in its Test:
maximum period. There must be singularity of act,
singularity of singular impulse is not written
The treatment of plural crimes as one is to be into the law. So long as the act or acts
lenient to the offender, who, instead of being complained of resulted in a single criminal
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impulse it is usually held to constitute a single circumstances whatsoever, the penalty next
offense to be punished with the penalty lower in degree shall be the one imposed.
corresponding to the most serious crime,
imposed on its maximum period. The test is not 5. Whenever the provision of the code
whether one of the two offenses is an essential specifically lower the penalty by one or two
element of the other. degrees than what is ordinarily prescribed
for the crime committed.
Is a Continued crime a continuing crime? If
not, what is the difference? DIAGRAM
A continued crime must be understood
in the light of substantive law, while continuing CONSUM- FRUSTRA- ATTEMPTED
crime, in the light of procedural law. The term MATED TED
‘continuing’ here must be understood in the Principals 0 1 2
sense similar to that of ‘transitory’ and is only Accomplices 1 2 3
intended as a factor in determining the proper Accessories 2 3 4
venue or jurisdiction for that matter of the
criminal action pursuant to Section 14, Rule THREE FOLD RULE
110 of the Rules of Court. This is so, because
“a person charged with a transitory offense may According to the 3 fold rule, the
be tried in any jurisdiction where the offense is maximum duration of the convict’s sentence
in part committed. shall not be more than 3 times the length of
time corresponding to the most severe of the
penalties imposed upon him.
The penalty for the most serious crime
shall be imposed, the same to be applied in its  If only 2 or 3 penalties corresponding to
maximum period. different crimes committed by the
convict are imposed, it is hardly
PENALTY PRESCRIBED TO A CRIME IS impossible to apply the 3 fold rule.
LOWERED BY DEGREES IN THE FOLLOWING
CASES:  Sentences must be more than 3 and
served successively, not simultaneously.
1. When the crime is only attempted or Immaterial if sentences are the product
frustrated. of 1 information in court; sentences are
promulgated by different courts on
 If it is frustrated, penalty is one different days.
degree lower than that prescribed by
law.  The 3-fold rule must be used only when
 If it is attempted, penalty is two the product of the greatest penalty
degrees lower than that prescribed by multiplied by 3 is less than the sum of
law. all the penalties t be imposed.
2. When the offender is an accomplice or  For purposes of the rule, indivisible

accessory only: penalties shall be given an equivalent
duration of 30 years, so that if he will
 Penalty is 1 degree lower in case of have to suffer several perpetual
an accomplice disqualification, under the rule, you take
 Penalty is 2 degrees lower in the case the most severe and multiply it by 3.
of an accessory. The rule does not apply to the penalty
prescribed but to the penalty imposed as
3. When there is a privilege mitigating determined by the court.
circumstance in favor of the offender, it will
lower the penalty by 1 or 2 degrees than EXCUTION AND SERVICE OF PENALTY
that prescribed by the law depending on
what the particular provision of the RPC  “No penalty shall be executed except by
states. virtue of a final judgment”
 The judgment must be final before it can
4. When the penalty prescribed for the be executed because the accused may
crime committed is a divisible penalty and still appeal within 15 days from its
there are two or more ordinary mitigating promulgation. But if the dependant has
circumstances and no aggravating expressly waived in writing his right to

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appeal, the judgment becomes final 3. By amnesty which completely

immediately. extinguishes the penalty and all its effects
RULES IN SUSPENSION OF THE EXECUTION AMNESTY, Defined.

AND SERVICE OF PENALTIES IN CASE OF It is an act of the sovereign power granting
INSANITY: oblivion or a general pardon for a past offense
and is rarely, if ever, exercised in the favor of a
1. When a convict becomes insane or single individual, and is usually exerted in
imbecile after final sentence has been behalf of certain classes of persons, who are
pronounced, the execution of said subject to trial but have not yet been convicted.
sentence is suspended only as regards
the personal penalty. Amnesty erases not only the conviction but also
2. If he RECOVERS his reason, his the crime itself.
sentence shall be executed, unless the
penalty has prescribed. While amnesty wipes out all traces and vestiges
3. Even if while serving his sentence, the of the crime, it does not extinguish the civil
convict becomes insane or imbecile, liability of the offender.
Article 79 shall be observed.
4. But the payment of his civil or pecuniary 4. By absolute pardon.
liabilities shall not be suspended.
PARDON. Defined.
Title 4 It is an act of grace proceeding from the
EXTINCTION OF CRIMINAL LIABILITY power entrusted with the execution of the laws
which exempts the individual on whom it is
Two (2) classifications when Criminal bestowed from the punishment of the law
Liability are extinguished: inflicts for the crime he has committed.
a. TOTAL
b. PARTIAL Pardon, whether absolute or conditional, is in
the nature of a deed, for the validity of which
CRIMINAL LIABILITY IS TOTALLY delivery is an indispensable requisite.
EXTINGUISHED AS FOLLOWS:
AMNESTY AND PARDON DISTINGUISHED.
1. By the death of the convict as to personal PARDON AMNESTY
penalties, and as to the pecuniary penalties,
- includes any crime - is a blanket of
liability therefore is extinguished only when
and is exercised pardon to classes of
the death of the offender occurs before final
individually by the persons on
judgment.
president communities who may
be guilty of political
The death of the convict, whether before or after offenses
final judgment, extinguishes criminal liability,
because one of the juridical conditions of - exercised when the - may be exercised
penalty is that it is PERSONAL. At this instance, person is already even before trial or
his civil liability is also extinguished. convicted investigation is had
- pardon looks forward - amnesty looks
While the case is on appeal, the offender dies, and relieves the backward and
the case on appeal will be diminished. The
offender from the abolishes and puts
offended party may file a separate civil action consequences of an into oblivion the
under the Civil Code if any other basis for
offense or which he offense itself.
recovery of civil liability exists as provided under has been convicted,
Art. 1157 of the Civil Code.
that is its abolishes or
forgives the
2. By service of sentence
punishment
- pardon being a - amnesty being by
Crime is debt incurred by the offender as a private act of the proclamation of the
consequence of his wrongful act and the penalty President must be chief executive with
is but the amount of his debt. pleaded and proved by the concurrence of
the person pardoned Congress, is a public
Service of sentence does not extinguish the civil act of which the courts
liability. should take judicial
notice

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BOTH DO NOT EXTINGUISH THE CIVIL is imprisonment – the prescription is

LIABILITY OF THE OFFENDER based on the fine
5. By prescription of the crime. * Whether it is prescription of crime or

penalty, if the subject left the country, and
It is the forfeiture or loss of the right of the state went in a country who the Philippines has no
to prosecute the offender after the lapse of a extradition treaty, the prescriptive period
certain time. shall remain suspended whenever he is out
of the country.
Prescription of the crime begins, as a general
rule on the day of the crime was committed, PRESCRIPTION OF PENALTIES
unless the crime was concealed, not public, in Death and Reclusion Perpetua 20 years
which case, the prescription thereof would only Afflictive Penalties 15 years
commence from the time the offended party or Correccional Penalties 10 years
the government learns of the commission of the Arresto Mayor 5 years
crime. Light Penalties 1 year
Prescription of the crime is not waivable. 7. By the marriage of the offended woman.
The prescription of the suspended when: In cases of rape, seduction, abduction or acts of
1. When a complaint is filed in a proper lasciviousness. Hence, marriage contracted only
barangay for conciliation or to avoid criminal liability is devoid of legal
mediation but the suspension of the effects.
prescriptive period is good only for
60 days, after which the prescription CRIMINAL LIABILITY IS EXTINGUISHED AS
will resume to run, whether the FOLLOWS:
conciliation or mediation is
terminated or not. 1. By conditional pardon.
2. When criminal case is filed in the
Fiscal’s Office, the prescription of the Conditional pardon delivered and accepted is
crime is suspended until the accused considered a contract between the sovereign
is convicted or the proceeding is power of the Executive and the convict that the
terminated for a cause not former will release the latter upon compliance
attributable to the accused. with the condition.
3. But where the crime is subject to
summary Procedure, the Prescription of the PRESCRIPTION OF PENALTIES
crime will be suspended only when the Death and Reclusion 20 years
information is already filed with the trial court. Perpetua
It is not the filing of the complaint, but the filing Afflictive Penalties 15 years
of the information in the trial court which will
Correccional Penalties 10 years
suspend the prescription.
Arresto Mayor 5 years
Light Penalties 1 year
The prescription of penalty, the period will only
commence to run when the convict has began to
2. By commutation of the sentence.
serve the sentence.
Prescription of Crimes It is a change of the decision of the Court made

Reclusion perpetua or temporal 20 years by the Chief Executive by reducing the degree of
Punishable by afflictive penalties 15 years the penalty inflicted upon the conflict, or by
decreasing the length of the imprisonment or
Punishable by correctional 10 years
the amount of the fine.
penalties
Punishable by Arresto Mayor 5 years
INSTANCES WHERE COMMUTATION IS
Crime of libel/similar offenses 1 year
APPLIED:
Oral defamation/slander by deed 6 months
Light Offenses 2 months 1. When the convict sentenced to death is
over 70 years of age.
 In computing the period for 2. When 10 justices of the Supreme Court
prescription, the first day is to be fail to reach a decision for the affirmance
excluded and that last day included of the death penalty
 When fine is an alternative penalty
higher than the other penalty which
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3. For good conduct allowances which the CIVIL LIABILITY

culprit may earn while he is serving
sentence. Article 20, NCC.
“Every person who, contrary, to law,
willfully or negligently causes damage to
This includes the allowance for loyalty under another, shall indemnify the latter for the
Article 98 in relation to Article 158. same.
4. By parole. Article 1161, NCC

“Civil obligations arising from
PAROLE, defined. criminal offenses shall be governed by the
Parole consists in the suspension of the penal laws, subject to the provisions of
sentence of a convict after serving the minimum Article 2177, and of the pertinent provisions
term of the indeterminate penalty, without of Chapter 2, Preliminary Title, on Human
granting a pardon, prescribing the terms upon Relations and Title XVIII of this book,
which the sentence shall be suspended. regulating damages/
The mere commission not conviction by the The basis of civil liability is the obligation of
Court, of any crime is sufficient to warrant everyone to repair or to make whole the damage
parolees arrest and reincarnation. caused to another by reason of his act or
omission, whether done intentionally or
negligently and whether or not punishable by
law.
DISTINCTION BETWEEN CONDITIONAL
PARDON AND PAROLE If the felony committed could not or did not
CONDITIONAL PAROLE cause any damage to another, the offender is
PARDON not civilly liable even if he is criminally liable for
- may be given at - may be given after the felony committed.
anytime after final the prisoner has
judgment served the minimum Extinction of the penal action does not carry
penalty with it extinction of the civil liability, unless the
- granted by the Chief - granted by the Board extinction proceeds from a declaration in a final
Executive under the of Pardons and Parole judgment that the fact, from which the civil
provisions of the under the provision of liability might arise did not exist.
Administrative Code the Indeterminate
Sentence Law CIVIL LIABILITY MAY EXIST, ALTHOUGH
- for violation of the - for violation of the THE ACCUSED IS NOT HELD CRIMINALLY
conditional pardon, terms of the parole, LIABLE, IN THE FOLLOWING CASES:
the convict may be the convict cannot be
ordered rearrested or prosecuted under Art. 1. Acquittal on REASONABLE DOUBT –
reincarnated by the 159. He can be when the guilt of the offender has not
Chief Executive or may rearrested and been proved beyond reasonable doubt, a
be prosecuted under reincarcerated to serve civil action for damages for the same act
Art. 159 of the Code the unserved portion or omission may be instituted.
of his original penalty 2. Acquittal from A CAUSE OF NON
IMPUTABILITY – the exemption from
criminal liability in favor of an imbecile
OBLIGATIONS OF THE PERSON GRANTED insane person, etc.
CONDITIONAL PARDON 3. ACQUITTAL IN THE CRIMINAL ACTION
FOR NEGLIGENCE does not preclude,
1) He must comply strictly with the conditions the offended party from filing a civil
imposed on the pardon. action to recover damages, based on the
new theory that the act is a quasi-delict.
2) Failure to comply with the conditions shall 4. WHERE THERE IS ONLY CIVIL
result in the revocation of the pardon. RESPONSIBILITY – when the Court finds
and so states in its judgment that there
3) He becomes liable under Art. 159. This is the is only civil responsibility, and not
Judicial remedy. criminal responsibility, and that this
finding is the cause of the acquittal.
Title 5

2006 BAR OPERATIONS
5. IN CASES OF INDEPENDENT CIVIL SUBSIDIARY LIABILITY

ACTIONS under Article 31, 32, 33, 34,
and 1167 of NCC. Requisites:
1. The employer must be engaged in
CIVIL LIABILITY OF THE OFFENDER FALLS business or in trade or industry while
UNDER THREE CATEGORIES: the accused was his employee.
2. At the time the crime was committed the
1. RESTITUTION AND RESTORATION employer-employee relationship must be
existing between the two;
Restitution or restoration presupposes that 3. The employee must have been found
the offended party was divested of property, guilty of the crime charged and
and such property must be returned. accordingly held civilly liable; and
4. The writ of execution for the satisfaction
If the property is in the hands of a third of the civil liability was returned
person/party, the same shall nevertheless unsatisfied because the accused-
be taken from him and restored to the employee does not have enough property
offended party, even though such third to pay the civil liability.
party may be a holder for value and a buyer
in good faith of the property, except when All the requisites must concur
such third party buys the property from a
public sale where the law protects the buyer. There is no need to file a civil action against
the employer in order to enforce the
Restitution is applicable only to crimes subsidiary civil liability for the crime
against property. committed by his employee; it is enough
that the writ of execution is returned
The obligation of the offender transcends to unsatisfied
his heirs, even if the offender dies, provided
he died after judgment became final, the SUBSIDIARY CIVIL LIABILITY IS IMPOSED IN
heirs shall assume the burden of the civil THE FOLLOWING:
liability, but this is only to the extent that
they inherit property from the deceased, if 1. In case of a felony committed under the
they do not inherit, they cannot inherit the compulsion of a irresistible force. The
obligations. person who employed the irresistible
force is subsidiarily liable.
The right of the offended party transcends to
heirs upon death. The heirs of the offended 2. In case of a felony committed under an
party step into the shoes of the latter to impulse of an equal or greater injury.
demand civil liability form the offender. The person who generated such an
impulse is subsidiarily liable.
2. REPARATION
3. The owners of taverns, inns, hotels,
When the stolen property cannot be motels, where the crime is committed
returned because it was sold to an unknown within their establishment die to non-
person, he will be required by the Court if compliance with general police
found guilty to pay the actual price of the regulations, if the offender who is
thing plus its sentimental value. primarily liable cannot pay the
proprietor, or owner is subsidiarily
3. INDEMNIFICATION FOR CONSEQUENTIAL liable.
DAMAGES
4. Felonies committed by employers,
It is ordinarily the remedy granted to the pupils, servants, in the course of their
victims of crimes against persons employment, schooling or household
chores. The employer, master, teacher is
Indemnification of consequential damages subsidiarily liable civilly, while the
refers to the loss of earnings, loss of profits. offender is primarily liable.
This does not refer only to the consequential
damages suffered by the offended part, this 5. In case the accomplice and the principal
also includes consequential damages to cannot pay, the liability of the subsidiary
third party who also suffers because of the liable is absolute.
commission of the crime.

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Penalties Time included in Time included in Time included in Time included in

the penalty in its minimum its medium its maximum
its entirety period period period
Reclusion From 12 years From 12 years From 14 years, 8 From 17 years, 4
Temporal and 1 day to 20 and 1 day to 14 months and 1 day months and 1 day
years years and 8 to 17 years to 20 years
months
Prision Mayor, From 6 years and From 6 years and From 8 years and From 10 years
absolute 1 day to 12 years 1 day to 8 years 1 day to 10 years and 1 day to 12
disqualification years
and special
temporary
disqualification
Prision From 6 months From 6 months From 2 years, 4 From 4 years 2
Correccional, and 1 day to 6 and 1 day to 2 months and 1 day months and 1 day
suspension and years years and 4 to 4 years and 2 to 6 years
destierro months months
Arresto Mayor From 1 month From 1 month From 2 months From 4 months 1
and 1 day to 6 and 1 day to 2 and 1 day to 4 day to 6 months
months months months
Arresto Menor From 1 to 30 days From 1 to 10 days From 11 to 20 From 21 to 30
days days

Academic Committee Members: Lisa Tubilleja, Nerissa Guirao (Civil) Christopher Bonoan (Poli) Madonna Dimaano
(Labor) Rey Rabago, Donnalee Silanga ( Remedial) Anthony Malicdem (Tax)
2006 BAR OPERATIONS

Academic Committee Members: Lisa Tubilleja, Nerissa Guirao (Civil) Christopher Bonoan (Poli) Madonna Dimaano
(Labor) Rey Rabago, Donnalee Silanga ( Remedial) Anthony Malicdem (Tax)

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Adamson Criminal Notes Book1 06 Ed.

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A D A M S O N C O L L E G E O F L AW

CRIMINAL LAW NOTES (BOOK I)

4. Penal laws must not impose cruel and

1. Classical Theory Consuls are not diplomatic officers. This

2. Positivist Theory 2. Those who are exempted by Law of

2. FLUVIAL JURISDICTION-the 5. Should commit any crimes against

1. Where the new law is expressly made CONSEQUENCES:

Utilitarian Theory or Protective Theory Pending prosecution-if the repealing

In crimes punished under the Revised

Distinction between crimes punished under 5. As to degree of participation

2. As to use of good faith as defense

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FELONIES AND CIRCUMSTANCES WHICH 2. Specific Criminal Intent-it is not

Elements of Felonies in general: INTENT is the determination to do a certain

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Culpa- imprudence or negligence. ART. 4: CRIMINAL LIABILITY

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It generally gives rise to a complex crime, account of the employment of inadequate or

Paragraph 2 does not apply to crimes Consummated felony:

Elements of Frustrated felony: ART 7: LIGHT FELONIES

When light felonies are punishable.

Light felonies are punishable only Conspiracy to commit a felony is punishable

For Special Laws: Penalties should be 4) AGGRAVATING CIRCUMSTANCES-

Paragraph 1. SELF DEFENSE Test of reasonable necessity: What the law

b. IMMINENT- an attack that is

Reasonableness of the means employed Paragraph 3. DEFENSE OF STRANGER

Distinction must be made between relative and

Paragraph 4 AVOIDANCE OF GREATER EVIL

Any person who, in order to avoid an evil

A person over nine years of age and under

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When such minor is adjudged to be criminally It is based on complete absence of intelligence.

Senility although said to be the second 1. A person is performing a lawful act.

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Mitigating circumstances. That sufficient provocation or threat on

provocation had prolonged about the provocation have done a grave

Requisites: The passion or obfuscation must arise from an

Immediate vindication means proximate. (a) The act is committed in a spirit of

Requisites of voluntary surrender: Physical defect must restrict means of action,

impulse of jealous feeling, similar to Requisites:

Basis: Paragraph 3. DISREGARD OF RANK, AGE,

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Paragraph 4 and 5. crime but whether or not in the place of the

5. That the crime be committed in the Paragraph 8. AID OF ARMED MEN

Requisites under Par. 4: Requisites:

7. That the crime be committed on the Paragraph 9 and 10.

The implication is that the offender is sentence.

Pardon does not erase recidivism, even if it is

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TREACHERY refers to the employment of Ignominy Cruelty

Under Par. 18 there is an unlawful entry when They are:

ART. 15 ALTERNATIVE CIRCUMSTANCES Intoxication means that the offender’s mental

This classification is true only under the

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2) that such inducement be the Contributing by positive acts to the

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Requisites: One cannot be an accessory unless he knows of

Accessories are those who, having

c. Descendants, indication of absolute right and moral law

Art. 22: RETROACTIVE EFFECT OF Criminal liability is cannot be compromise, only

proceedings; Deprivation of freedom Afflictive

ART. 25: PENALTIES WHICH MAY BE DURATION OF EACH DIFFERENT

ACCESSORY PENALTIES If the convict should enter the prohibited