LLP REVIEW CENTER

CRIMINAL LAW 1

Benjo O. Paca MSCJ

• Criminal law is the branch of municipal law which defines crimes, treats of their nature and provides for
their punishment.

Limitations on the power of congress to enact penal laws

1. Must be general in application.
2. Must not partake of the nature of an ex post facto law.
3. Must not partake of the nature of a bill of attainder.
4. Must not impose cruel and unusual punishment or excessive fines.

Components of Criminal Law

1. Defines crimes.
2. Treats of their nature.
3. Provides for their punishment.

Characteristics of Criminal Law

I. Generality: the criminal law of the country governs all persons within the country regardless of their
race, belief, sex, or creed.
Exceptions
a. As provided in Public International Law
 Sovereigns or heads of state
 ambassadors
 ministers- resident or ministers plenipotentiary charge de affairs and attaches
b. Treaty Stipulations; and
c. Preferential Application
II. Territoriality: penal laws of the country have force and effect only within its territory. It cannot
penalize crimes committed outside the same.
Exceptions ~ Article 2 RPC
a. Offenses committed on board Philippine ship or airship;
b. Forge or counterfeit Philippine coins or notes;
c. Introduction of forged or counterfeit Philippine coins or notes;
d. If the crime is committed by a public officer in connection with the discharge of his official
duties;
e. Crimes against national security and the law of nation

TAKE NOTE:
Under the Archipelagic Rule as declared in Article 1, of the Constitution, all waters in the
archipelago regardless of breadth width, or dimension are part of our national territory.
Under this Rule, there is no more center lane, all these waters, regardless of their
dimension or width are part of Philippine territory.

Jurisdiction over crimes committed on board Foreign Vessel while in Philippine Waters
(1.) If foreign vessel is a warship - Philippine courts have no jurisdiction as such is an extension of the
country to which it belongs.
(2.) If foreign vessel is a merchant vessel-
 FRENCH RULE – crimes committed o board a foreign merchant
vessel while on waters of another country are not triable in that
country unless those affecting the peace and security of that country or
the safety of the state is endangered.
  ENGLISH RULE- such crimes are triable in that country unless such
crimes affect merely the internal management of the vessel.

III. Prospectivity ~ This is also called irretrospectivity. Acts or omissions will only be subject to a
penal law if they are committed after a penal law had already taken effect. Vice-versa, an act or
omission which has been committed before the effectivity of a penal law could not be penalized by
such penal law because penal laws operate only prospectively.

Exception ~ When the penal law is favorable to the offender; provided that the offender is;
 Not a habitual delinquent; and
 There is no provision in the law against its retroactive application

TAKE NOTE

The exception where penal law may be given retroactive application is true only with a
repealing law. If it is an original penal law, that exception can never operate.

RULES IN GOVERNING REPEALS

I. Effect of repeal of Penal Law to Liability of Offender

KINDS:
(1.) Total or absolute – repeal is absolute or total when the crime punished under the repealed law has been
decriminalized by the repealing law. Because of the repeal, the act or omission which used to be a crime
is no longer a crime.

Consequences if repeal of penal law is total or absolute

 If a case is pending in court involving the violation of the repealed law, the same shall be
dismissed, even though the accused may be a habitual delinquent. This is also because all
persons accused of a crime are presumed innocent until they are convicted by final judgment.
Therefore, the accused shall be acquitted.
 If a case is already decided and the accused is already serving sentence by final judgment, he
will be entitled to a release provided two conditions are present:
1. There is a reservation clause in the penal law that it will not apply to those serving
sentence at the time of the repeal.
2. That the convict is NOT a habitual delinquent.
(2.) Partial or relative repeal – A repeal is partial or relative when the crime punished under the repealed
law continues to be a crime in spite of the repeal. This means that the repeal merely modified the
conditions affecting the crime under the repealed law. The modification may be prejudicial or beneficial
to the offender.

Consequences if repeal of penal law is partial or relative

 If a case is pending in court involving the violation of the repealed law, and the repealing law is
more favorable to the accused, it shall be the one applied to him. So whether he is a habitual
delinquent or not, if the case is still pending in court, the repealing law will be the one to apply
unless here is a saving clause in the repealing that it shall not apply to pending causes of action.
This is in accordance with the PRO REO DOCTRINE.
 If a case is already decided and the accused is already serving sentence by final judgment
and he is not a habitual delinquent, he will benefit from the favorable effects of the repealing
law. It is also in accordance with the PRO RED DOCTRINE.

II. As to the Manner the Repeal is Done:

KINDS:
1. Express repeal – Express repeal takes place when a subsequent law contains a provision that such law
repeals an earlier enactment.
2. Implied repeal – Implied repeals are not favored. It requires a competent court to declare an implied repeal.
An implied repeal will take place when there is a law on a particular subject matter and a subsequent law is
passed also on the same subject matter but is inconsistent with the first law, such that the two laws cannot stand
together, one of the two laws must give a way. It is the earlier that will give a way to the later law because the
later law expresses the recent legislative sentiment. So you can have an implied repeal when there are two
inconsistent laws. When the earlier law does not expressly provide that it is repealing an earlier law, what has
taken place here is implied repeal.

These effects of repeal do not apply to self-repealing laws or those which have automatic
termination.

Consequences if repeal of penal law is express or implied:

 If a penal law is impliedly repealed, the subsequent repeal of the repealing law will revive the original
law. So the act or omission which was punished as a crime under the original law will be revived and the
same shall again be crimes although during implied repeal it may not punishable.
 If the repeal is express, the repeal of the repealing law will not be revive the first law, so the act or
omission will no longer be penalized.

DIFFERENT PHILOSOPHIES UNDERLYING THE CRIMINAL LAW SYSTEM

1. Classical or Juristic Philosophy

 Purpose of the penalty is retribution
 Basis is human free will
 Man is regarded as a moral creature who understands right from wrong, so that when he commits a
wrong, he must be prepared to accept the punishment therefore.
 There is a scant regard for the human element of the crime because the law does not look into why the
offender committed the crime.
 Capital punishment is a product of this kind of school of thought.
2. Positivist or Realistic Philosophy
 Purpose of the penalty is reformation
 Basis is strange/morbid phenomenon driving man to commit crimes
 There is great respect for the human element because the offender is regarded as socially sick who needs
treatment, not punishment.
 Crimes are regarded as a social phenomenon which constrains a person to do wrong although not of his
own violation.
3. Eclectic or Mixed Philosophy
 A combination of the Positivist and the Classical Philosophy
 Crimes that are economic and social in nature should be dealt with in a positivist manner while crimes
which are considered heinous crimes should be dealt with in a classical manner.

MALA SE AND MALA PROHIBITA

 Violations of the Revised Penal code are referred to as malum in se, which literally means, that the act is
inherently evil or bad or per se wrongful. On the other hand, violations of special laws are generally
referred to as malum prohibitum.

Distinctions between MALA IN SE and MALA PROHIBITA

1. IN MALA IN SE, the acts constituting the crimes are inherently evil, bad or wrong, and hence involve
the moral traits of the offender; while in MALA PROHIBITA, the acts constituting the crimes are not
inherently bad, evil or wrong but prohibited and made punishable only by law for the public good.

2. Because the moral trait of the offender is involved in MALA IN SE, modifying circumstances, the
offenders extent of participation in the crime, and the degree of accomplishment of the crime are taken
into account in imposing the penalty; these are not so in MALA PROHIBITA where criminal liability
arises only when the acts are consummated.
 TAKE NOTE:
However, not all violations of special laws are mala prohibita. While intentional felonies
are always mala in se, it does not follow that prohibited acts done in violation of special
laws are always mala prohibita. Even if the crime is punished under a special law, if the act
punished is one which is inherently wrong the same is malum in se, and, therefore, good
faith and the lack of criminal intent is a valid defense; unless it is the product of criminal
negligence or culpa.

3. As to moral trait of the offender

In crimes punished under the Revised Penal Code, the moral trait of the offender is considered. This is why
liability would only arise when there is dolo or culpa in the commission of the punished act.
In crime punished under the Special Laws, the moral trait of the offender is not considered; it is enough that
the prohibited act was voluntarily done.

4. As to use of good faith as defense

In crimes punished under the Revised Penal Code, good faith or lack of criminal intent is a valid defense;
unless the crime is the result of culpa.
In crimes punished under the Special Laws, good faith is not a defense.

5. As to degree of accomplishments of the crime

In crimes punished under the Revised Penal Code, the degree of accomplishment of the crime is taken in to
account in punishing the offender; thus, there are attempted, frustrated, and consummated stages in the
commission of the crime.

In crimes punished under the Special Laws, the act gives rise to a crime only when it is consummated; there
are no attempted or frustrated stages, unless the special law expressly penalizes the mere attempt or frustration
of the crime.

6. As to mitigating and aggravating circumstances

In crimes punished under the Revised Penal Code, mitigating and aggravating circumstances are taken into
account in imposing the penalty since the moral trait of the offender is considered.
In crimes punished under the Special Laws, mitigating and aggravating circumstances are not taken into
account in imposing the penalty.
7. As to degree of participation
In crimes punished under the Revised Penal Code, when there is more than one offender, the degree of
participation of each in the commission of the crime is taken into account in imposing the penalty; thus,
offenders are classified as principal, accomplice and accessory.
In crimes punished under the Special Law, the degree of participation of the offenders is not considered. All
who perpetrated the prohibited act are penalized to the same extent. There is no principal or accomplice or
accessory to consider.

TAKE NOTE:
Where malice is a factor, good faith is a defense.

FELONY, OFFENSE, MISDEMEANOR AND CRIME

Felony – a crime punished under the Revised Penal Code. Do not use this term in reference to a violation of
special law.
Offense – a crime punished under a Special Law.
Misdemeanor – a minor infraction of the law, such as a violation of an ordinance.
Crime – a generic word which can be used whether the wrongdoing is punished under the Revised Penal Code.

SCOPE OF APPLICATION OF THE PROVISION OF THE REVISED PENAL CODE

(The provision in Article 2 embraces two scopes of applications)
Intra-territorial – refers to the application of the Revised Penal Code within the Philippine territory;
Extra-territorial – refers to the application of the Revised Penal Code outside the Philippine territory.

FELONY
Elements of Felony
1. Act or omission
2. Punishable by the RPC;
 3. Committed either by means of Dolo or by Culpa

Ways to commit a felony;

(1.) By DOLO – intentional
Elements
1. Criminal intent on the part of the computer
2. Freedom of action on the part of the offender;
3. Sufficient intelligence on the part of the offender;
(2.) By CULPA – criminal negligence
Elements
1. Criminal negligence on the part of the offender;
2. Freedom of action on the part of the offender;
3. Sufficient intelligence on the part of the offender in performing the negligent act.

Distinction between MOTIVE and INTENT

1. Motive is the reason which impels one to commit acts for a definite period; while intent is the purpose to
use a particular means to effect such result.
2. Motive is an element of a crime; while intent is an element of a crime.
3. Motive is essential only when identity of the perpetrator is in doubt; while intent is always essential in
intentional felonies.
TAKE NOTE:
Criminal intent is not necessary in following cases:
1. When the crime is the product of culpa or negligence, reckless imprudence, lack of foresight or lack of
skill;
2. When the crime is prohibited act under special law or what is called malum prohibitum.

Criminal intent
1. Criminal intent is not deceit. Do not use deceit in translating dolo, because the nearest translation is
deliberate intent.
2. In criminal law, intent is categorized in two:
a. General criminal intent: general criminal intent is presumed from the mere doing of a
wrong act. This does not require proof. The burden is upon the wrong doer to prove that he
acted without criminal intent.
b. Specific criminal intent: specific criminal intent is not presumed because it is an ingredient
or element of a crime, like intent to kill in the crimes of attempted or frustrated
homicide/parricide/murder. The prosecution has the burden of proving the same.

Distinction between intent and discernment

1. Intent is the purpose to use a particular means to affect a desired result.
2. On the other hand, discernment is the mental capacity to tell right from wrong. It relates to the moral
significance that a person ascribes to his act and relates to the intelligence as an element of dolo,
distinct from intent

Distinction between negligence and imprudence

1. In negligence, there is deficiency of action
2. In imprudence, there is deficiency of perception

Mens rea
1. The technical term mens rea is sometimes referred to in common parlance as the “gravamen of the
offense”. To a layman, that is what you call the “bulls eye” of the crime.
2. Mens rea of the crime depends upon the elements of the crime.

PERSONS WHO INCUR CRIMINAL LIABILITY

1. By any person committing a felony (delicto) although the wrongful act done be different from that
which he intended.
 a. REQUSITES:
1. The felony committed must be a intentional felony
2. The wrong done is the direct, natural and logical consequence of the felony committed.
b. COVERAGE:
1. Error in personae:
a. In error in personae, the intended victim was not at the scene of the crime. It was the actual victim
upon whom the blow was directed, but he was not really the intended victim. There was really a
mistake in identity.
b. This is mitigating because under Art. 49, whichever carries the lesser penalty between the crime
intended and the crime actually committed as a result of the mistake in identity shall be the one
applied, but in the maximum period.
c. Error in personae is mitigating only if the crime committed is different from that which was
intended, otherwise error in personae does not affect the criminal liability of the offender.
2. Aberratio ictus:
a. In aberration ictus, a person directed the blow at the intended victim, but because of poor aim, that
the blow landed on somebody else. In aberratio ictus, the intende victims, as well as the actual victim
are both at the scene of the crime.
b. The offender generally commits a complex crime unless one of the resulting crimes is punishable
under special law.
c. A complex crime results because a single act would amount to a felony against the person to whom
the blow was intended and at the same time, constitute a felony against the person actually hit. If the
two resulting felonies are grave and less grave, a complex crime results. But if one is light and the
other is grave, the 2 felonies committed may be subjected to 2 separate prosecutions.
3. Praeter intentionem:
a. Where the result exceed the criminal intent. This is mitigating circumstance under par. 3 of Art. 13
which provides that the offender did not intend to commit so grave a wrong as that committed.
b. It’s only, however, an ordinary mitigating circumstance which may be set off by an aggravating
circumstance.
c. To be considered as mitigating, however, there must be a notable disparity between the means
employed and the resulting felony. It must be shown that generally, the felony does not result from
the means employed by the offender.

PROXIMATE CAUSE –
a. That cause which in the natural and continuous sequence, unbroken by efficient intervening cause
produces injury and without which the result would have not occurred.

Mistake of fact – misapprehension of the facts which would render the act of the accused justified had the
facts been true to his beliefs.
a. In criminal law, there is a “mistake of fact”. When the offender acted out of a mistake of fact, criminal
intent is negated.
b. Mistake of fact would be relevant only when the felony would have beer intentional or through dolo, but
not when the felony is result of culpa.
c. Mistake of fact is only a defense in intentional felony but never in culpable felony.

Requisites of mistake of fact as a defense

a. That the act done would have been lawful had the facts been as the accused believed them to be.
b. That the intention of the accused of doing the act should be lawful.
c. That the mistake must be committed without fault or carelessness on the part of the accused.
Note: Mistake of fact is different from mistake of identity.

2. By any person performing an act which would be an offence against persons or property, were if not
for the inherent impossibility of its accomplishment or on account of the employment of inadequate
means.

Elements of an IMPOSSIBLE CRIME:

1.) That the act performed would be an offence against persons or property;
2.) That the act was done with evil intent;
3.) That its accomplishment is inherently impossible, or that the means employed is either inadequate or
ineffectual;
4.) That the acts performed should not constitute a violation of another provision of the RPC.

TAKE NOTE;
Modified concept of impossible crime:
Intod v. CA, et al., 215 SCRA 52. In this case, four culprits, all armed with firearms and with
intent to kill went to the intended victims house and after having pinpointed the latter’s
bedroom, all four fired at and riddled said room with bullets, thinking that the intended victims
was already there as it was about 10:00 in the evening. It so happened that the intended victim
did not come home on the evening and so was not in her bedroom at that time. Eventually the
culprits were prosecuted and convicted by the trial court for attempted murder. The Court of
Appeals affirmed the judgment but the Supreme Court modified the same and held the petitioner
liable only for the so-called impossible crime. As a result, petitioner-accused was sentenced to
imprisonment of only six months of arresto mayor for the felonious act he committed with intent
to kill: this is despite the destruction done to the intended victim’s house.
Until the Intod case, the prevailing attitude was that the provision of the Revised Penal Code on
impossible crime would only apply when the wrongful act, which would have constituted a
crime against persons or property, could not and did not constitute another felony. Otherwise, if
such act constituted any other felony and not for an impossible crime.

Impossible crime is NOT really a crime. It is only referred to as impossible crime because it brings about the
criminal liability of the offender but no crime was really committed. The purpose of the law in punishing
impossible crime is to teach the offender a lesson for his criminal tendency or propensity.

DUTY OF THE COURT

1. If charge is not punishable but the court deems proper to repress, DISMISS the charge and suggest it
be made subject to penal legislation to President through secretary of Justice.
2. In case of excessive penalty impose penalty provided by law and recommend grant of Executive
Clemency from the President through Secretary of Justice.

STAGES IN COMMISSION OF FELONY

1. Consummated: when all the elements necessary for the execution and accomplishment of the crime
are present.
2. Frustrated: when the offender performs all the acts of execution which would produce the felony as
a consequence but which, nevertheless, do not produce it by reason of causes independent of the will
of perpetrator.
3. Attempted: when the offender commences the commission of the felony directly by overt acts, and
does not perform all the acts of execution which should produce the felony by reason of some cause
or accident other than his own spontaneous desistance.

TAKE NOTE:
The stages of a felony under Article 6 apply only to MATERIAL felonies and not to formal
felonies. It is true only to crimes under the Revised Penal Code. This does not apply to
punish under special laws. This is because the penalties under special laws are never
graduated. Except as held in the case of Pp vs. Martin Simon where the SC said that when
the special law adopted the scale of penalties under the RPC, the crime shall be punished
according to the rules under the RPC as though the crime is punished under the RPC. But
even certain crimes which are punished under the Revised Penal Code do not admit of these
stages.
In deciding whether a felony is attempted or frustrated or consummated, there are three criteria
involved:
1) The manner of committing the crime;
2) The elements of the crime; and
3) The nature of the crime itself.
OVERT ACT
 Some physical activity or deed, indicating intention to commit a particular crime, more than a mere
planning or preparation, which if carried to its complete termination following its natural course, without
being frustrated by external obstacles nor by voluntary desistance of the perpetrator, will logically and
necessarily ripen into a concrete offense.

INDETERMINATE OFFENSE
 One where the purpose of the offender in performing an act is not certain. Its nature in relation to its
object is ambiguous.

SUBJECTIVE PHASE
 Take into account the belief of the offender. In the attempted stage in the commission of a felony, if the
offender believes that he has performed all the acts of execution, when in fact he has not, the crime is no
longer in the attempted stage but in the frustrated stage.

LIGHT FELONY, WHEN PUNISHABLE

1. Only when they have been consummated, except;
• Against persons; and
• Against property
2. Only principals and accomplice are punished.

CONSPIRACY AND PROPOSAL TO COMMIT A FELONY

TWO KINDS OF CONSPIRACY
1. EXPRESS CONSPIRACY
 A conspiracy which exist when two or more persons come to an agreement concerning the commission
of a felony and decide to commit it.
 Conspiracy is punished in;
a. RPC
• Treason
• Rebellion
• Sedition
b. Special Laws
• Arson
• Malicious damage to property by explosives or incendiary
• Espionage/crimes against national security
• Dangerous Drugs Act

2. IMPLIED CONSPIRANCY
The participants acted in concert or simultaneously which is indicative of a meeting of the
minds towards a common criminal goal or criminal objective. When several offenders act in a
synchronized, coordinated manner, the fact that their acts complimented each other is indicative
of the meeting of the minds. There is an implied agreement.

Two ways of committing conspiracy:

(1) Conspiracy as a crime; and
(2) Conspiracy as a manner of incurring criminal liability

PROPOSAL TO COMMIT A FELONY

 There is proposal when the person who has decided to commit a felony proposes its execution to some
other person or persons.
 Proposal to Commit a Felony is punished in;
a. RPC
 Treason
 Rebellion
b. Special Laws
Malicious damage/destruction of any building by explosives or incendiary
CLASSSIFICATIONS OF FELONIES

I. According to their gravity:

1. Grave Felony: those to which the law attaches the capital punishment or penalties which in any of their
periods are afflictive.
2. Less Grave Felony: those which the law punishes with penalties which in their maximum period are
correctional.
3. Light Felony: those which the law provides penalty of arresto menor or fine not more than Php200 or
both.

Why is it necessary to determine whether the crime is grave, less grave or light?
 To determine whether these felonies can be complexed or not, and to determine the
prescription of the crime and the prescription of the penalty.

II. According to the stages of their commission:

1. Consummated: when all the elements necessary for the execution and accomplishment of the crime are
present.
2. Frustrated: when the offender performs all the acts of execution which would produce the felony as a
consequence but which, nevertheless, do not produce it by reason of causes independent of the will of
the perpetrator.
3. Attempted: when the offender commences the commission of the felony directly by overt acts, and does
not perform all the acts of execution which should produce the felony by reason of some cause or
accident other than his own spontaneous desistance.

III. According to the manner of their commission:

1. Intentional Felonies
2. Culpable Felonies

OFFENSES NOT SUBJECT TO RPC

1. Offenses punishable under special laws; not subject to provisions of RPC.
2. RPC is supplemental to the Special Laws; unless otherwise provided.

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

 There are five circumstances affecting criminal liability.
(1) Justifying circumstances; those wherein the acts of the actor are in accordance with the law and, hence,
incurs no criminal liability.
(2) Exempting circumstances; those wherein there is an absence in the agent of the crime any or all of the
conditions that would make an act voluntary and, hence, although there is no criminal liability; there is
civil liability.
(3) Mitigating circumstances; those that have the effect of reducing the penalty because there is a
diminution of any of the elements of dolo and culpa, which makes the act involuntary or because of the
lesser perversity of the offender.
(4) Aggravating circumstances; those which serve to increase the penalty without exceeding the maximum
provided by law because of the greater perversity of the offender as shown by the motivating power of
the commission of the crime, the time and place of its commission, the means employed or the personal
circumstances of the offender.
(5) Alternative circumstances; there are two others which are found elsewhere in the provisions of the
Revised Penal Code.
(6) Absolutory causes; the effect of this is to absolve the offender from criminal liability, although not
from civil liability. It has the same effect as an exempting circumstance, but you do not call it as such in
order not to confuse it with the circumstances under Article 12.
(7) Extenuating circumstances; the effect of this is to mitigate the criminal liability of the offender. In
other words, this has the same effect as mitigating circumstances, only you do not call it mitigating
because this is not found in Article 13.

Difference between INSTIGATION and ENTRAPMENT

 In instigation, the criminal plan or design exists in the mind of the law enforcer with whom the person
instigated cooperated so it is said that the person instigated is acting only as a mere instrument or tool of the law
enforcer in the performance of his duties.
On the other hand, in entrapment, a criminal design is already in the mind of the person entrapped. It
did not emanate from the mind of the law enforcer entrapping him.
Entrapment involves only ways and means which are laid down or resorted to facilitate the apprehension of the
culprit.

TAKE NOTE:
The element which makes instigation an absolutory cause is the lack of criminal intent as an element of
voluntariness. Instigation absolves the person instigated from criminal liability. This is based on the rule that a
person cannot be a criminal if his mind is not criminal. On the other hand, entrapment is not an absolutory
cause. It is not even mitigating.

Mistake of fact is absolutory cause. The offender is acting without criminal intent. So in mistake of fact, it is
necessary that his act is justified had the facts been true as the accused believed them to be. If not, there is
criminal liability because there is no mistake of fact anymore. The offender must believe he is performing a
lawful act.

Distinctions between justifying circumstances and exempting circumstances:

In justifying circumstances-
(1) The circumstance affects the act, not the actor;
(2) The act complained of is considered to have been done within the bounds of law; hence, it is legitimate
and lawful in the eyes of the law;
(3) Since the act is considered lawful, there is no crime, and because there is no crime, there is no criminal;
(4) Since there is no crime or criminal, there is no criminal liability as well as civil liability.
In exempting circumstances-
(1) The circumstance affects the actor, not the act;
(2) The act complained of is actually wrongful, but the actor acted without voluntariness. He is a mere tool
or instrument of the crime;
(3) Since the act complained of is actually wrongful, there is a crime. But because the actor acted without
voluntariness, there is absence of dolo or culpa. There is no criminal;
(4) Since there is a crime committed but there is no criminal, there is civil liability for the wrong done. But
there is no criminal liability. However, in paragraphs 4 and 7 of Article 12, there is neither criminal nor
civil liability.

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITIES:

A. JUSTIFYING CIRCUMSTANCES:

1. Self Defense: of his person

 Elements:
a. There is unlawful aggression.
b. Reasonable necessity of the means employed to prevent or repel it;
c. Lack of sufficient provocation on the part of the person defending himself.
 Kinds of Unlawful aggression:
a. Actual or Real: an act positively strong/material attack with physical force or weapon.
b. Imminent: an attack that is impending or at the point of happening.
 Elements of Unlawful Aggression:
a. The attack is material
b. It manifests danger to the person or right or integrity of the person attacked.
 Lack of Sufficient Provocation When Present:
a. No provocation;
b. Provocation is not sufficient;
c. Provocation not given by the person defending himself;
d. Provocation not proximate cause and immediate to aggression.
2. Defense of a relative:
 Elements:
a. There is unlawful aggression;
b. Reasonable necessity of the means employed to prevent or repel it;
c. In case provocation was given by the relative, one making the defense had no part therein.
 Relative that can be defended:
a. Spouse;
b. Ascendants;
c. Descendants;
d. Legitimate, natural and adopted brothers and sisters
e. Relatives by affinity within the same degrees; or
f. Relatives by consanguinity within the 4th civil degree.
3. Defense of a stranger:
 Elements:
a. Unlawful aggression;
b. Reasonable necessity of the means employed to prevent or repel it;
c. Person defending is not induced by revenge, resentment or other evil motive.
4. Avoidance of greater evil or injury (state of necessity):
 Elements
a. The evil sought to be avoided actually exist;
b. Injury feared is greater than that done avoid it; and
c. There is no other practical and less harmful means of preventing it.
 Civil liability to be borne by the person/s who benefited in the act. Their liability is in
proportion to the benefits received.
5. Fulfillment of a duty or lawful exercise of right of office:
 Elements:
a. The accused acted in performance of duty or in lawful exercise of right or office; and
b. Injury caused or offense committed is necessary consequence of due performance of duty or lawful
exercise of such right or office.
6. Obedience to an order issued for some lawful purpose:
 Elements:
a. Order issued by a superior;
b. For some lawful purpose; and
c. Means used to carry out the order is lawful.

B. EXEMPTING CIRCUMSTANCE:
1. Imbecile or insane person, except when the latter acted during lucid interval:
 Presumption is in favor of sanity
 2 test for exemption on the ground of insanity
a. Test of Cognition: or whether the accused acted with complete deprivation of intelligence in
committing said crime; and
b. Test of volition: or whether the accused acted with total deprivation of freedom of will.
2. Minority of the offender
Different age brackets:
a. Less than 9 years old – absolute exemption from criminal liability but not from civil liability.
b. Exactly 9 years old or more but less than 15 years old – exemption applies only if the prosecution failed
to prove that the crime was committed with discernment. If the accused minor is shown to have acted
with discernment, he will criminally liable but the penalty to be imposed will at least two degrees lower
than the prescribed penalty for the crime committed.
c. 15 years old but less than 18 years old – no exemption from civil liability. The minor is only given the
benefit of a privileged mitigating circumstance.
3. Accident
 Elements:
a. Performing a lawful act;
b. With due care;
c. Causes injury to another by mere accident;
d. Without fault or intention of causing it.
 Accident – any event which is not for seeable. Any happening beyond the control of persons,
consequence of which are foreseeable. In criminal law, accidents is an exempting circumstance,
there is no criminal and there is no criminal liability.
 DAMDUM ABSQUE INJURIA – damage without injury
 Refer to Art. 67 when not all requisites of exemption of Art. 12 (4) are present.
4. Compulsion of irresistible force;
 Elements:
a. Compulsion is by means of physical force:
b. Physical force irresistible;
c. Physical force comes from a third person.
 Never consist is passion or obfuscation, must come from external source.
5. Impulse of uncontrollable fear;
 Elements:
a. Thereat which causes fear is of an evil greater or at least equal to that which he is required to commit;
b. Promises an evil of such gravity and imminence and ordinary man would have succumbed to it.
6. Insuperable or unlawful causes;
 Elements:
a. An act is required by law to be done:
b. Person fails to perform such acts;
c. Failure to perform the act is due to lawful or insuperable cause.

7. Absolutory causes;
 person committed crime but there is no penalty by reason of public policy or sentiment.
C. MITIGATING CIRCUMSTANCES:
 Distinctions between ordinary mitigating circumstances and privileged mitigating circumstances:
A. As to nature of the circumstances:
Ordinary mitigating can be offset by aggravating circumstances. While, privilege mitigating can
never be offset by any aggravating circumstances.
B. As to effect:
Ordinary mitigating, if not offset, will operate to reduce the penalty to minimum period, provided the
penalty is a divisible one, While
Privilege mitigating operates to reduce the penalty by one or more degrees, depending on what the law
provides.
1. Incomplete justifying or exempting circumstances;
 This covers self-defense, defense or a relative and defense of a stranger.
 Unlawful aggression must always be present together with any one of the requisites, Art. 13, par.
1 applies.
 In case of accidents, it shall be governed by Art. 67, RPC
2. Under 15 but less than 18
 Penalties imposed:
a. Exactly 9 but less than 15 who acted with discernment – lower but at least two degrees always.
b. 15 or over but less than 18 – lower by one degree.
3. No intention to commit so grave a wrong (praeter intentionem);
 There must be a notable and evident disproportion of the means employed to execute the
criminal act.
 What should be taken into consideration the intention when the crime is committed and not the
intention as planned.
4. Sufficient provocation or threat immediately preceded the act;
 Elements:
a. Provocation must be sufficient;
b. Provocation originated from the offended party;
c. Immediate to the act which constitutes the crime.
5. Vindication of a grave offense;
 Elements:
a. Grave offense done to the one committing the felony, his spouse, ascendant, descendants, legitimate,
natural or adopted brother or sister, or relatives by affinity within the same degrees;
b. Felony committed in vindication
 Distinctions between provocation and vindication
Provocation
 Against the accused
 Cause need not be grave offense
 Immediate
Vindication
 Against the accused or relative
 Cause must be grave offense
 Need not be immediate
6. Passion or obfuscation;
 Elements:
a. Accused acted upon impulse;
b. Impulse is so powerful that it naturally produced passion and obfuscation in the offender;
c. Act both unlawful and sufficient to produce such condition of the mind; and
d. Act which produce obfuscation was not far removed from commission of the crime by a considerable
length of time during which the perpetrator might recover his normal equanimity.
7. Voluntary Surrender/Confession of Guilt;
 Elements of Voluntary Surrender to be Mitigating;
a. The surrender must have been made before the offender was actually placed under arrest;
b. The surrender must be made before the government incurs expenses and exerts efforts in tracking down
whereabouts of the offender;
c. The surrender must be demonstrative of remorse or repentance;
d. The surrender must be made to a person in authority or at least an agent of a person in authority.

 Elements of Voluntary Confession of Guilt:

a. The offender spontaneously confess his guilt
b. Confession is made in open court;
c. Such court must be of competent jurisdiction;
d. Confession is made prior to presentation of evidence by prosecution
8. Offender is Deaf/Dumb/Blind;
 The physical defect contemplated in this mitigating circumstance must affect the means of
action, defense or communication of the offender with his fellow being.
9. Illness that Diminishes the exercise of Will Power;
 The nature of illness affects the will of a person but must not deprive him of consciousness of his
acts; otherwise, such will be exempting
 Merely restricts the exercise of the will of the offender
10. Analogous Mitigating Circumstances

C. AGGRAVATING CIRCUMSTANCES
 Those which, if attendant in the commission of the crime, serve to increase the penalty but
without exceeding maximum of the penalty provided by law.

Kinds of aggravating circumstances:

1. Generic or those that can generally apply to all crimes;
2. Specific or those that apply only to a particular crime;
3. Qualifying or those that change the nature of the crime;
4. Inherent or those that must of necessity accompany the commission of the crime.

Distinctions between aggravating and qualifying circumstances;

In aggravating circumstances-
 The circumstance can be offset by an ordinary mitigating circumstance;
  It is not ingredient of a crime. It only affects the penalty to be imposed but the crime remains the
same.
In qualifying circumstance-
 The circumstance affects the nature of the crime itself such that the offender shall be liable for a
more serious crime. The circumstance is actually an ingredient of the crime;
 Being an ingredient of the crime, it cannot be offset by any mitigating circumstance;

1. Taking advantage of Official Position;

 Elements:
a. Offender is a public officer;
b. Who availed of the influence or reputation inherent in his position (the position must in a way
facilitate its commission)
c. For the purpose of committing the crime
 This is not appreciated when it is an inherent element of the crime.
2. Contempt or insult public authorities
 Elements;
a. Public Authority is engaged in the exercise of his function;
b. He is not the person against whom the crime is committed;
c. Offender knows him to be a public authority; and
d. His presence has prevented the offender from committing the crime.
3. Disregard of rank, Age, Sex and dwelling of Offended Party;
 Present when the act is committed;
a. With insult or in disregard of respect due to the offended party on account of his *rank*,
age, or sex or
b. In the dwelling of the offended party;
 Applicable only in crimes against persons or owner. (parricide, rape Abduction, Seduction)
 This paragraph is not applicable when;
a. Offender acted with passion and obfuscation;
b. There exists a relationship between the offended party and the offender.
c. Condition of being a woman is indispensable for the commission of the crime.
 Dwelling: place for peace of mind, rest, comfort and privacy.
 Case in which Dwelling is not Aggravating:
a. If the offended party has given provocation; but if the provocation is not immediate to the
commission of the crime, aggravating;
b. If both the offender and the offended party are occupants of the same house.

4. Abuse of confidence or obvious ungratefulness;

 Elements:
a. Offended party has trusted the offender;
b. The offender abused such trust;
c. That such abuse of confidence facilitated the commission of the crime.
5. Crime committed in;
 Refers to the place of the commission of the crime;
a. Palace of the chief executive;
b. In the presence of the chief executive;
c. where public authorities are engaged in the exercise of their duty;
d. place dedicated to religious worship;
 Any of the said places is not aggravating if the crime was casually committed therein
6. Nighttime, uninhabited place, band;
 Nighttime – from sunset to sunrise;
 Uninhabited place – what is taken into consideration is not the location but the possibility of
the victim to receive some help;
 Band – more than 3 armed malefactors acting together in commission of an offense;
 These circumstances may be appreciated as aggravating if;
 a. Especially sought to insure the commission of the crime; or
b. Offender took advantage thereof for impunity.
7. Calamity;
 Committed on occasion of;
a. Conflagration;
b. Shipwreck;
c. Earthquake;
d. Epidemic;
e. Other calamities or misfortune.

8. Aid of armed men, etc;

 Elements ;
a. Armed men took part in commission of the crime directly or indirectly;
b. Accused availed of their aid or relied on them when the crime was committed
 Aid of armed men is absorbed in band if there are at least 4 armed men, otherwise, they
are to be separated.
9. Accused is a recidivist;
 Elements;
a. Offender is on trial for an offense;
b. He was previously convicted by final judgment for another offense;
c. Both the 1st and the 2nd offenses are embraced in the same title of the RPC;
d. Offender is convicted of the new offense. The second conviction should not be for the
offense committed before the commission of the offense in the prior conviction.
 Recidivism is imprescriptibly.
 The conviction must come in the order the crimes were committed.
Different forms of REPETITION OR HABITUAL of the OFFENDER:
(1) Recidivism under Article 14 (9) – the offender at the time of his trial for one crime shall have been
previously convicted by final judgment of another embraced in the same title of the Revised Penal Code.
(2) Repetition or reiteracion under Article 14 (10) – the offender has been previously punished for an
offense which the law attaches an equal or greater penalty or for two or more crimes to which it attaches
a lighter penalty.
(3) Habitual delinquency under article 62 (5) – the offender within the period of 10 years
from the date of his release or last conviction of the crimes of serious or less serious
physical injuries, robo, hurto, estafa or falsification, is found guilty of the any of said
crimes a third time or oftener.
(4) Quasi-recidivism under Article 160 – any person who shall commit a felony after
having been convicted by final judgment before beginning to serve such sentence or
while serving such sentence shall be punished by the maximum period prescribed by law
for the new felony.
10. Reiteracion or habituality;
 Elements:
a. Accused is on trial for an offense;
b. He has previously served sentence for another offense to which the law attaches an equal
greater penalty; or two or more crimes to which it attaches lighter penalty than the new
offense;

c. That he is convicted of the new offense;

Distinction between RECIDIVISM AND HABITUAL DELIQUENCY
In recidivism –
(1) Two convictions are enough.
(2) The crimes are not specified; it is enough that they may be embraced under the same title of the Revised
Penal Code.
(3) There is no time limit between the first conviction and the subsequent conviction. Recidivism is
imprescriptibly.
(4) it is a generic aggravating circumstance which can be offset by an ordinary mitigating circumstance. If
not offset, it would only increase the penalty prescribed by law for the crime committed to its maximum
period.

In habitual delinquency-
(1) At least three convictions are required.
(2) The crimes are limited and specified to: (a) serious physical injuries, (b) less serious physical injuries,
(c) robbery, (d) theft, (e) Staffa or swindling and (f) falsification.
(3) There is a time limit of not more than 10 years between every convictions computed from the first
conviction or release from punishment thereof to conviction computed from the second conviction or
release there from to the third conviction and so on. . .
(4) Habitual delinquency is a special aggravating circumstance; hence it cannot be offset by any mitigating
circumstance. Aside from the penalty prescribed by law for the crime committed, an additional penalty
shall be imposed depending upon whether it is already the third conviction, the fourth, the fifth, and so
on. . .

11. Price, reward or Promise;

 Must be for the purpose of inducing another to perform the act. Must be the primary
consideration for the commission of the crime.
 This shall not be considered if given after the crime was committed without previous
promise.

12. Crime committed by means of;

 Inundation, Fire, Explosion, Poison, Stranding of Vessel or Intentional Damage thereto;
Derailment of Locomotive; Use of any another Artifice involving Great Waste or Ruin.
 Considered generic only when another aggravating circumstance already qualifies the crime
as in murder with evident premeditation as qualifying.
13. Evident premeditation;
 Elements: The prosecution has to establish the following elements before evident
premeditation be considered as aggravating;
a. The time when the offender was determined to commit the crime.
b. An act manifestly indicating that he has clung to his determination;
c. Sufficient lapse of time between such determination and execution to allow him to reflect
upon the consequences of his acts.

14. Craft/Fraud/Disguise;
 Craft- cunning or intellectual machinery; may be absorbed in the crime of treachery.
 Fraud- deceit, manifested by insidious words or machinations.
 Disguise- conceal identity; not aggravating if it did not facilitate the commission of the
crime.
15. Superior Strength or means to Weaken Defense;
 Excessive force out of proportion to weaken defense;
 Notorious inequality of Forces;
 Deliberate intent to take advantage of superior strength;
 Absorbs band;
 If the victim was totally deprived of means of defense it may amount to TREACHERY.
16. Treachery;
 Elements;
a. The culprit employed means, methods or forms of execution which directly and specially
tend to insure the offender’s safely from any defensive or retaliatory act on the part of the
offended party which means that no opportunity was given to the latter to do so;
b. That such means, methods, or manner of execution was deliberately or consciously
shown;
  Applicable in crimes against persons only;
 It is qualifying in murder or in serious physical injuries;
 It is generic aggravating in parricide and homicide;

17. Ignominy:
 There is ignominy if the offended party was humiliated or put to shame because of the
commission of the crime. Moral suffering must be related to the material effects of the
crime.
 Must deliberately add disgrace or infamy.
 The victim of ignominy must be alive because it produces moral suffering.
18. Unlawful Entry;
 Elements:
a. When entrance to the building is made by way not intended for purpose;
b. Made for the purpose of committing the crime
c. It must be used for the purpose of entry and escape;
d. Alleged in the information to qualify theft to robbery.
19. As a Means to Commit a Crime, a Wall/Roof/Floor/Door or window be broken;
 This is inherent in the crime of robbery with force upon things.
20. Aid of a minor or by means of a Motor Vehicle;
 Use of motor vehicle to be aggravating must be a means in the commission of the crime. So,
if the vehicle was used to facilitate the escape of the offender that will not be aggravating.
21. Cruelty;
 Elements:
a. That the injury caused be deliberately increased by causing other wrong;
b. That the other wrong be unnecessary for the execution of the purpose of the offender.
 Rape is aggravating in robbery and homicide.
 Cruelty refers to PHYSICAL SUFFERING.
D. ALTERNATIVE CIRCUMSTANCES:
1. Relationship;
 Inherent in the crimes of Parricide, Adultery and concubinage.
 Considered when the victim is:
a. Spouse;
b. Ascendant (also step-parents and adopting parents);
c. Descendants
d. Legitimate, adopted or natural brothers and sisters; or
e. Relative by affinity in the same degree of the offender
 Relationship is not simply mitigating or aggravating. There are specific circumstances where
relationship is exempting. Among such circumstances are:
I. In the case of an accessory who is related to the principal within the
relationship prescribed in Article 20;
II. Also in Article 247, a spouse does not incur criminal liability for a crime of
less serious physical injuries if this was inflicted after having surprised the
offended spouse or paramour or mistress committing actual sexual
intercourse.
III. Those commonly given in Article 332 when the crime of theft, malicious
mischief and swindling or estafa is committed. There is no criminal liability
but only civil liability if the offender is related to the offended party as
spouse, ascendant, or descendant or if the offender is a brother or sister or
brother in law or sister in law of the offended party and they are living
together. This is an absolutory cause.
2. Intoxication;
 Intoxication may either be:
a. Aggravating: Habitual, or intentional had to embolden accused
b. Mitigating: Not habitual, not intentional or not subsequent of plan to commit felony.
3. Degree of Instruction and Education;
 Not mitigating (low degree or education) when;
a. Crimes against property;
b. Crimes against Chastity;
c. Murder.

PERSONS WHO ARE CRIMINALLY LIABLE

 Only natural persons can be offenders.
 Under the Revised Penal Code, when more than one person participated in the commission of the
crime, the law looks into their participation because the basis of criminal liability in the Revised
Penal Code is the moral trait of the offender.

Classification of offenders under the PRC:

1. Principal
2. Accomplice
3. Accessory

OFFENDERS FOR GRAVE AND LESS GRAVE FELONIES

(1) Principal
(2) Accomplice; or
(3) Accessory

LIGHT FELONIES
(1) Principal
(2) Accomplice

TAKE NOTE:
The principal and/or accomplice is liable only for light felony if it is consummated except if the crime
committed is against person or property.
A.PRINCIPALS
Kinds (Those who)
a. Principal by direct participation;

i. The Principals by direct participation must be at the scene of the crime, personally taking part
in its execution.

b. Principal by Inducement;
i. Made directly with intention of procuring commission of crime; and
ii. Is the determining cause of commission of crime by the material executor?
c. Principal by Indispensable Cooperation;
i. Participation in criminal resolution- anterior conspiracy or immediately before the
commission of the crime; and
ii. Without which the crime could not have been committed.

B. ACCOMPLICE
 Person who, not being principal, cooperates in the execution of the offense by previous or
simultaneous acts.
 Elements:
1. That there be community of design that is, knowing the criminal design of the principal by direct
participation, he concurs with the latter in his purpose;
2. That he cooperates in the execution of the offense by previous or simultaneous acts, with the intention of
supplying material or moral aid in the execution of the crime in an efficacious way;
3. That there be a relation between the acts done by the principal and those attributed to the person charged
as accomplice.

C. ACCESSORIES
  Two situations where accessories are not criminally liable:
a. When the felony committed is a light felony;
b. When the accessory is related to the principal as spouse, or as an ascendant, or descendant or as brother
or sister whether legitimate, natural or adopted or where the accessory is a relative by affinity within the
same degree, unless the accessory himself profited from the effects or proceeds of the crime or assisted
the offender to profit there from.
 They are neither principals nor accomplices but:
a. They have knowledge of the commission of the crime;
b. They take part subsequent to its commission of the crime;
i. By profiting them or assisting offender to profit from the effects of the crime.
ii. by concealing or destroying the corpus delicti or the effects or instruments thereof, in order to
prevent its discovery.
iii. By harboring, concealing or assisting in escape of principal if he acts with abuse by public
functions or when author of the crime is guilty of treason, parricide, murder or attempt on the
life of the Chief Executive or is known to be habitually guilty of some other crime

TAKE NOTE:
Anti-fencing Law Presidential Decree No. 1612 has modified Article 19 of the Revised Penal Code.

Any person who, with intent to gain, acquires and/or sell, possesses keeps or in any manner deals with any
article of value which he knows or should be known to him to be the proceeds of robbery or theft is considered
a “fence” and incurs criminal liability for “fencing” under said decree. The penalty is higher than that of a mere
accessory to the crime of robbery or theft. This is because he is not an accessory under PD 1612 but a principal.
The venue under PD 1612 is where the stolen property was held or kept by the fencer.

PENALTIES

Measures of prevention not considered as penalty:

 The following are the measures of prevention or safety which are not considered penalties under
Article 24:
1. The arrest and temporary detention of accused persons as well as their detention by reason of insanity
or imbecility or illness requiring their confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in Art. 80 and for the purposes
specified therein.
3. Suspension from the employment or public office during the trial or in order to institute proceedings.
4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers,
superior officials may impose upon their subordinates.
5. Deprivation of rights and reparations which the civil laws may establish in penal form:

 Judicial Conditions of Penalties:

1. Must be productive of suffering;
2. Must be commensurate with the offense;
3. Must be personal;
4. Must be legal;
5. Must be certain;
6. Must be equal for all; and
7. Must be correccional.

BASIS for the IMPOSITION of PENALTY:

1. Stages of execution;
2. Participation;
3. Presence of aggravating and mitigating circumstances
CLASSIFICATION of PENALTIES (under Art. 25)
 In punishing the felonies under the RPC the penalties are classified primarily into two:

I. PRINCIPAL PENALTIES:
 1. Capital punishments;
 Death
2. Afflictive penalties;
 Reclusion perpetua
 Reclusion temporal
 Perpetual or temporary absolute disqualification
 Perpetual or temporary special disqualification
 Prision mayaor
3. Correcional penalties;
 Prision correcional
 Arresto mayor
 Suspension
 Destierro
4. Light penalties;
 Arresto menor
 Public censure
5. Penalties common to the three preceding classes;
 Fine, and
 Bond to keep the peace

II. ACCESSORY PENALTIES:

 Perpetual or temporary absolute disqualification
 Perpetual or temporary special disqualification
 Suspension from public office, the right to vote and to be voted for, the profession or calling
 Civil interdiction
 Indemnification
 Forfeiture or confiscation of instruments and proceeds of the offense
 Payment of cause

Classification of PRINCIPAL PENALTIES:

1. According to Divisibility:
 Invisible: no fixed duration.
 Divisible: with fixed duration
2. According to Gravity:
 Afflictive;
 Correctional;
 Light.
3. According to Subject Matter:
 Deprivation of Freedom;
 Restriction of Freedom;
 Deprivation of rights;
 Suspension
GRADUATION of FINES
1. Afflictive: More than Php6,000
2. Correccional : Not less than Php200, but not more than Php6,000
3. Light: Less than Php200
DURATION of PENALTIES
1. Reclusion Perpetua: 20 yrs, 1 day to 40 yrs.
2. Reclusion Temporal: 12 yrs, 1 day to 20 yrs.
Minimum : 12 yrs, 1 day to 14 yrs & 8 mos.
Medium : 14 yrs, 8 mos. to 17 yrs. & 4 mos.
Maximum : 17 yrs, 4 mos. to 20 yrs.
3. Prison Mayor, Temporary Absolute Disqualification,
Temporary Special Disqualification
: 6 yrs, 1 day to 12 yrs
 Minimum : 6 yrs, 1 day to 8 yrs.
  Medium : 8 yrs, 1 day to 10 yrs.
 Maximum : 10 yrs, 1 day to 20 yrs.

4. Prision Correccional, Suspension, Destierro : 6 mos, 1 day to 6 yrs.

 Minimum : 6 mos, 1 day to 2 yrs & 4 mos.
 Medium : 2 yrs, 4 mos, 1 day to 4 yrs & 2 mos.
 Maximum : 4 yrs, 2 mos, 1 day to 6 yrs.

5. Arresto Mayor : 1 mon, 1 day to 6 mos.

 Minimum : 1 mo, 1 day to 2 mos.
 Medium : 2 mos, 1day to 4 mos.
 Maximum : 4 mos, 1 day to 6 mos.

6. Arresto Menor : 1 day to 30 days

 Minimum : 1 day to 10 days
 Medium : 11 days to 20 days
 Maximum : 21 days to 30 days

7. Bond to keep the peace : Period of time as the court requires

TAKE NOTE:
Temporary Disqualification or Suspension, if imposed as an accessory penalty, the duration
is the same as the principal penalty.

Repeal of Article 80
When may a minor be committed to a reformatory?
If the minor is between 9-15 years old and acted with discemment, sentence must first be
suspended under the following conditions;
(1.) Crime committed is not punishable by death or reclusion perpetua:
(2.) He is availing of the benefit of suspension for the first time:
(3.) He must still be a minor at the time of promulgation of the sentence.

Rules regarding Deduction of the period of Preventive Imprisonment from period of sentence to be
served.

RULE 1: The offender shall be credited with the full time during which they have undergone preventive
imprisonment; PROVIDED, the detention prisoner voluntarily agrees in writing to abide by the same
disciplinary rules imposed upon convicted prisoners.

RULE 2: If the detention prisoner does NOT agree to abide by the same disciplinary rules imposed upon
convicted prisoners he shall be credited in the service of his sentence with 4/5 if the time during which he has
undergone preventive imprisonment.

The following convicts cannot avail of the deduction:

1. When they are recidivists. Or have been convicted previously twice or more times of any crime; and
2. When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily.

Effects of Perpetual or Temporary ABSOLUTE DISQUALIFICATION

1. Deprivation of Public office or employment of the offender.

2. Deprivation of right to vote and to be voted for.
3. Disqualification of any public office; and
4. Loss of Retirement pay or pension
 Effects last during the lifetime of convict even after the service of sentence except as regards to
paragraph 2 and 3.

Effects of Perpetual or Temporary SPECIAL DISQUALIFICATION

 1. With respect to Public office, Profession or Calling:
a. Deprivation of office, employment, profession, or calling affected; and
b. Disqualification for holding similar offices, or employments during the period of
disqualification.
2. With respect to Exercise of Right of Suffrage:
a. Deprivation of right to vote or be elected to office; and
b. Cannot hold any public office during the period of disqualification

Effects of SUSPENSION from PUBLIC OFFICE, PROFEESION OR RIGHT

OF SUFFRAGE
1. Disqualification from holding such office or the exercise of such profession or right of suffrage during
the term of sentence;
2. Cannot hold another having similar functions during period of suspension.

Effects of CIVIL INTERDICTION

 Civil interdiction is an accessory penalty. Civil interdiction shall deprive the offender during the
time of his sentence:
a. The rights of parental authority, or guardianship either as to the person or property
of any ward;
b. Marital authority;
c. The right to manage his property; and
d. The rights to dispose of such property by any act or any conveyance inter vivos.
 Civil interdiction is an accessory penalty to the following principal penalty:
a. Reclusion Perpetua
b. Reclusion Temporal

Effects of PARDON by OFFENDED PARTY:

1. Public Crime: Only the Civil Liability is extinguished; the criminal action shall prosper.
2. Private Crime: Bars the institution of the criminal action; PROVIDED;
 Pardon by the offended party is made before the institution of the action,
 In the crimes of Adultery/Concubinage, both the offenders must be pardoned by the offended
spouse.
 In the crime of Rape, It must be an express pardon.

Effects of PARDON by the CHIEF EXECUTIVE:

1. Absolute Pardon:
 Extinguishes criminal liability
 Does not exempt payment of Civil Liability;
 Does not restore the right to hold public office or the rights of suffrage EXCEPT when such
rights are expressly restore or offender has served his sentence.
2. Limitations:
 Cases of Impeachment
 Election of Offense - with the concurrence of the COMELEC.
 Distinction between PARDON by the CHIEF EXECUTIVE and PARDON by the
PFFENDED PARTY:

Pardon by the Chief Executive

 Extinguishes criminal liability
 Can be given only after conviction by final judgment
 Does not include civil liability
Pardon by the Offended Party
 Bars institution of criminal action
 Must be made before the institution of the action
 May include civil liability

Distinction between PARDON & AMNESTY

PARDON
 Applies only to individual offenders.
 There must be final judgment so that the grant of pardon be effective
 Only excuses the criminal conviction of the act committed.
 Private act of the chief executive

AMNESTY
 Applies to a group or class of offenders, granted to political offenders
 Effective even granted before prosecution
 Erases the criminal conviction of the act committed.
 Political act of the chief executive

PECUNIARY LIABILITIES of the OFFENDER (order of payment)

1. Reparation of Damaged caused;
2. Indemnification of the consequential damages;
3. Fine
4. Cost of the proceedings.

RULES covering SUBSIDIARY IMPRISONMENT

 If the offender has no property to meet the fine, he shall be subject to a subsidiary personal liability
at the rate of Php8 = 1 day. SUBJECT to the following rules;
1. Penalty imposed is prison correctional or arresto and fine – subsidiary imprisonment:
a. not to exceed 1/3 of the term of the sentence; and
b. not to continue longer than 1 year
c. no fraction or part of a day shall be counted
2. Penalty imposed is FINE only – subsidiary imprisonment;
a. Grave or less Grave felony- not to exceed 6 months; &

b. Light felony – not to exceed 15 days

3. Penalty imposed is higher than prison Correccional – no subsidiary imprisonment.
4. Penalty imposed is not confinement but is of fixed duration – subsidiary imprisonment shall be
computed as in no. 1.
5. Service of the subsidiary imprisonment will not relieve offender of his pecuniary liability to pay
fine if his financial position in life improves after release.

TAKE NOTE:
There is no subsidiary imprisonment for non-payment of:
 Reparation
 Indemnification
 Cost of Proceedings

Subsidiary penalty is NOT an accessory penalty, thus, it must be specifically

provided for in the judgment by the court otherwise the same cannot be imposed.

Penalties in which other accessory penalties are INHERENT:

(1) Article 40. Death – perpetual absolute disqualification; and civil interdiction during 30 years following
date of sentence;
(2) Article 41. Reclusion Perpetua and Reclusion Temporal – civil interdiction for life or during the period
of the sentence as the case may be, and perpetual absolute disqualification;
(3) Article 42. Prision mayor – temporary absolute disqualification perpetual special disqualification from
the right of suffrage;
(4) Article 43. Prision correccional – suspension from public office, from the right to follow a profession or
calling, and perpetual special disqualification from the rights of suffrage if the duration of said
imprisonment shall exceed 18 months.
(5) Article 44. Arresto – suspension of the right to hold office and the right of suffrage during the term of
sentence.

CONFISCATION of the PROCEEDS or INSTRUMENTS of the crime:

1. This accessory penalty is included in every penalty imposed for commission of the crime.
2. Confiscation is in favor of the government;
 3. Property of 3rd person not liable for offense is not subject to confiscation;
4. Property not subject of lawful commerce though it belongs to 3rd persons shall be destroyed; and
5. If the trial court did not order any confiscation of the proceeds of crime, the government cannot appeal
as that would increase the penalty imposed.

The penalties which are both principal and accessory penalties are the following:
(1) Perpetual or temporary absolute disqualification;
(2) Perpetual or temporary special disqualification.

APPLICATION OF PENALTIES:

COMPLEX CRIMES (Art. 48 & 49)

 Kinds :

COMPOUND CRIMES:
When a single acts results into:
 2 or more grave felonies;
 1 or more grave and 1 or more less grave felonies;
 2 or more less grave felonies;
In case a felony and crime is punished by a special law; there is no complex crime, but 2 independent crimes are
committed.
Several light felonies resulting from a single act cannot be complexed.

COMPLEX CRIME PROPER:

 That at least 2 offense are committed;
 That one or some of the offense must be necessary to commit the other;
 That both or all the offenses must be punished under the same statute.

TAKE NOTTE:
Art. 48 only acquire meaning when taken in the light of sec 13, Rule 110 (R.O.C.). It is there where the
General Rule information should charge only 1 offense. Violation of the Rule opens the information to a
motion to quash.

EXCEPTION: when the law imposes only one penalty although the offender committed more than 1 crime
such as the following;
1. Continued crimes;
 Is one where the offender performs a series of acts violating one and the same penal provision
committed at the same place and about the same time for the same criminal purpose, regardless of a
series of acts done, its is regarded in law as one.
2. Complex crimes;
 Strictly speaking is one where the offender has to commit an offense a means for the commission of
another offense. It is said that the offense is should not be understood as indispensable, otherwise, it
shall be considered absorbed and not giving rise to a complex crime.
3. Compound crime;
 Is one where a single act produces two or more crimes?
4. Composite crimes;
 Is one in which substance is made up of more than one crime, but which in the eyes of the law is only a
single indivisible offense. This is also known as special complex crime. Examples are robbery with
homicide, robbery with rape, rape with homicide. These are crimes which in the eyes of the law are
regarded only as single indivisible offense.
REDUCED by the Following DEGREES
 Penalty prescribed to a crime is lowered by degrees in the following cases:
(1) When the crime is only attempted or frustrated
 If it is frustrated, penalty is one degree lower than that prescribed by law.
 Penalty is two degrees lower than that prescribed by law.
This is so because the penalty prescribed by law for a crime refers to the
consummated stage.

(2) When the offender is an accomplice or accessory only

 Penalty is one degree lower in the case of an accomplice.
  Penalty is two degrees lower in the case of an accessory.

This is so because the penalty prescribed by law for a given crime refers to the
consummated stage.

(3) When there is a privilege mitigating circumstance in favor of the offender, it will lower the penalty by
one or two degrees than that prescribed by law depending on what the particular provision of the Revised
Penal Code states.

(4) When the penalty prescribed for the criminal committed is a divisible penalty and there are two or
more ordinary mitigating circumstances and no aggravating circumstances whatsoever, the penalty next
lower in degree shall be the one imposed.

(5) Whenever the provision of the Revised Penal Code specifically lowers the penalty by one or two
degrees than what is ordinarily prescribed for the crime committed.

CONSUMATED FRUSTRATED ATTEMPTED

PRINCIPAL 0 1 2
ACCOMPLICE 1 2 3
ACCESSORY 2 3 4

 This Rule does not apply when the law specifically provides for penalty for attempted or
frustrated; accomplice and accessory.

RULES for GRADUATING PENALTIES:

 When the penalty prescribed for the felony:

1. Single and invisible – penalty next lower in degree is that immediately following that invisible penalty
in the respective graduated scale, as per Art. 71;

2. Two Indivisible Penalties or One or more Divisible Penalties to their Full Extent – penalty next
lower is that immediately following the lesser of the penalties prescribed;

3. One or Two Indivisible Penalties and Maximum Period of Another Divisible Penalty - penalty next
lower is composed of the medium and minimum periods of proper divisible penalty and maximum
period of the one immediately following;

4. Several Periods Corresponding to Different Divisible Penalties – penalty next lower is composed of
period following the minimum prescribed and of the two next following which shall be taken from the
penalty prescribed if possible, otherwise from the penalty immediately following;

5. Some Manner Not Specifically Provided For in the Preceding Articles – courts proceeding by
analogy shall impose the corresponding penalties.

The above Rules apply in:

1. Determining minimum of Indeterminate penalty;
2. Privileged Mitigating Circumstances; and
3. Penalty is divisible and there are 2 or more mitigating and no aggravating circumstances.

EFFECTS of attendance of MITIGATING and AGGRAVATING CIRCUMSTANCES AND OF

HABITUAL DELINQUENCY:
1. Aggravating circumstances which in themselves constitute crime specifically punishable by law or which are
included by the law in defining a crime and prescribing the penalty therefore not considered to increase the
penalty;

2. Same rules to Aggravating circumstance inherent in the crime to such a degree that it must be of necessity that
accompanied the commission thereof;

3. Aggravating or Mitigating which arises from :

a. moral attributes of the offender; or
b. private relations with the offended party; or
c. any other personal cause-
  Shall aggravate or mitigate the liability of those as to whom such circumstances are attendant;

4. Circumstances which consist in the;

a. material execution of the act; or
b. means employed to accomplish it-
 Shall aggravate to mitigate the liability of those persons only who had knowledge of them at the time of
the execution of the act or their cooperation therein.

5. Effects of Habitual Delinquency:

a. 3rd conviction: plus prision correctional medium to maximum period.
b. 4th conviction: plus prision mayor minimum to medium
c. 5th conviction or more – plus prision mayor maximum to reclusion temporal minimum.
But total of two penalties shall not exceed 30 years

APPLICATION of INDIVISIBLE PENALTIES:

1. One Indivisible Penalty: in all cases, it is applied by the court regardless of any mitigating or aggravating
circumstances that may have attended the commission of the crime.

2. Two Indivisible Penalties:

a. 1 aggravating and no mitigating: greater penalty shall be applied
b. No mitigating no aggravating : lesser penalty
c. With mitigating and no aggravating : lesser penalty
d. 1 mitigating and 1 aggravating ; court shall offset
TAKE NOTE:
When the penalty is compose of 2 indivisible penalties, the penalty cannot be lowered by one degree, no matter
how many mitigating circumstances are present. Cannot apply Art. 64, par. 5.

The above mention rules are not applicable when the penalty is:
1. Indivisible
2. Prescribed by special law
3. Fine
4. Felonies through negligence
5. Imposed upon Moro or other non-Christian inhabitants

APPLICATION of PENALTIES which contain THREE PERIODS:

1. Penalties prescribed by the law for the crime committed shall be imposed in the medium period if ‘ no
mitigating or aggravating circumstance’;
2. If there is aggravating circumstance, no mitigating, penalty shall be imposed in the maximum;
3. If there is mitigating circumstance, no aggravating , penalty shall be in the minimum;
4. If there are several mitigating and aggravating circumstances, they shall offset against each other. Whatever
remains, apply the rules.
5. If there are two or more mitigating circumstance and no aggravating circumstance, penalty next lower in degree
shall be the one imposed.
6. Whatever may be the number and nature of the aggravating circumstances, the court shall not impose a greater
penalty than that prescribed by law, in its maximum period.
7. Within the limits of each period the court will determine the extent of the penalty according to the number and
nature of the aggravating and mitigating circumstances and the greater or lesser extent of the evil produced by
the crime.

APPLICATION of PENALTIES which DO NOT contain THREE PERIODS:

Court applies rules in ART. 63 & 64, dividing into 3 equal portions the time included in the penalty prescribed
and one portion equals one period.

INDETERMINATE SENTENCE LAW

(ACT. NO. 4103 as amended by ACT. NO. 4225)
Indeterminate Sentence: is a sentence with a minimum term and a maximum term which, the court is mandated to
impose for the benefit of a guilty person who is not disqualified therefore, when the maximum imprisonment
exceeds 1 year. It applies to both violations of the RPC and special laws.

I. IF THE PENALTY IS IMPOSED BY THE RPC

 1. The MAXIMUM term: is that which could be properly imposed under the RPC, considering the
aggravating and mitigating circumstance.
2. The Minimum term: is within the range of penalty one degree lower than that prescribed by the RPC,
without considering the circumstances.

TAKE NOTE: But when there is a privilege mitigating circumstance, so that the penalty has to lower by one
degree, the starting point of determining the minimum term of the indeterminate penalty is the penalty next lower
than that prescribed for the offense.

II. IF THE PENALTY IS IMPOSED BY A SPECIAL LAW

 In case of special laws, it is anything within the inclusive range of the prescribed penalty. The maximum
term of the indeterminate sentence shall not exceed the maximum fixed by said law and the minimum shall
not be less than the minimum term prescribed by the same. Courts are given discretion and the
circumstances are not considered.

Three things to know about the indeterminate Sentence Law

(1) Its purpose
 The purpose of the indeterminate Sentence Law is to avoid prolonged imprisonment. If the convict appears
to be reformed, he should be taken out of the prison walls, otherwise, he may deteriorate. In effect, the law
is trying to preserve the individual and save the government from expenses.
(2) Instances when it does not apply;
The indeterminate Sentence Law shall not apply to:
(1)Persons convicted of offense punishable with death penalty or life imprisonment;
(2)Persons convicted of treason, conspiracy or proposal to commit treason;
(3)Persons convicted of misprision of treason, rebellion, sedition, espionage;
(4) Persons convicted of piracy;
(5) Persons who are habitual delinquents;
(6) Persons who shall have escaped from confinement or evaded sentence;
(7) Those that have been granted conditional pardon by the Chief Executive and shall have violated
the term there to;
(8) Those whose maximum term of imprisonment does not exceed one year,
(9) Those already sentenced by final judgment at the time of the approval of Indeterminate Sentence
Law.
(10) Sentenced to penalty of destierro or suspension only.
 Although the penalty prescribed for the felony committed is death or reclusion perpetua, if
after considering the attendant circumstances, the imposable penalty is reclusion temporal or
less, the Indeterminate Sentence Law applies (People v. Campron, 187 SCRA 278.)

(3) How it operates

RELEASE OF A PRISONER ON PAROLE:

The Board of Pardons and Parole may authorize the release of a prisoner on parole, after he shall
have served the minimum term imposed upon him, provided that;
1. Such prisoner is fitted by his training for release;
2. There is a reasonable probability that he will live and remain at liberty without violating the law;
3. Such release will not be incompatible with the welfare of society

ENTITLEMENT TO FINAL RELEASE AND DISCHARGE;

If during the period of surveillance such paroled prisoner shall
(a) Show himself to be a law-abiding citizen; and
(b) Shall not violate any law, the board may issue a final certification of release in his favor, for his final
release and discharge.

SANCTION FOR VIOLATION CONDITIONS F THE PAROLE;

When the paroled prisoner shall violate any of the conditions of his parole: the board may issue an order
of his re-arrest, and thereafter, the prisoner shall serve the remaining unexpired portion of the maximum
sentence for which he is originally committed to prison, unless the board shall, in its discretion, grant anew
parole to the said prisoner.

PROBATION LAW OF 1976 (PD 968, AS AMENDED)

A.CONCEPT:
  PROBATION is a disposition under which a defendant after conviction and sentence is
released subject to conditions imposed by the court and the supervision of approbation officer

B. APPLICATION:
 This shall apply to all offenders except those entitled to benefits under F D 663 and similar
laws.

C.CRITERIA BEFORE AN OFFENDER MAY BE PLACED UNDER PROBATION:

 The court shall consider:
1. All information relative to the character, antecedents, environment, mental, and physical condition of
the offender; and
2. Available institutional and community resources.

D.RULES REGARDIN GRANT OF POBATION:

1. After having convicted and sentenced a defendant, the trial court MAY SUSPENDED the execution of the
sentence, and place the defendant within the period of perfecting an appeal.
2. Probation may be granted whether the sentence imposes a term of imprisonment or fine only.
3. NO application for probation shall be entertained or granted if the defendant has PERFECTED an APPEAL
from the judgment of conviction.
4. Filing of an application for probation operates as a WAIVER of the right to appeal.
5. The application shall be filed with the trial court, and the order granting or denying probation shall NOT be
appealable.
6. Accessory penalties are deemed suspended once probation is granted.

E.PROBATION SHALL BE DENIED IF THE COURT FIND THAT:

1. The offender is in need o correctional treatment that can be provided most effectively by his commitment to
an institution;
2. There is an undue risk that during the period of probation the offender will commit another crime; or
3. Probation will depreciate the seriousness of the crime committed.

F. DISQUALIFIED OFFENDERS: The benefits of this Decree shall not be extended to those:
1. Sentenced to serve a maximum term of imprisonment of more than 6 years.
2. Convicted of crime against national security or the public order.
3. Who have previously been convicted by final judgment of an offense punished by imprisonment of NOT
LESS than 1month and 1 day and/or a fine not more than Php200?
4. Who has been once probation.
5. Who are already serving sentence at the time PD 968 became applicable.

G. KINDS OF CONDITIONS OF PROBATION:

Mandatory conditions:
1. The convict must report to the Probation Officer (PO) designated in the court order approving his
application for probation within 72 hours from receipt of Notice of such order approving his application;
and
2. The convict, as a probationer, must report to the PO at least once a month during the period of
probation unless sooner required by the PO.
 These conditions being mandatory, the moment any of these is violated, the probation is
cancelled.

Discretionary conditions:
The trial court which approved the application for probation may impose any condition which may be
constructive to the correction of the offender and subject, provided the same would not violates the
constitutional rights of the offender and subject to this two restriction:
(1) The conditions imposed should not be unduly restrictive of the probationer; and
(2) Such condition should not be incompatible with the freedom of conscience of the probationer.

H. PERIOD OF PROBATION:
1. If the convict is sentenced to a term of imprisonment of NOT more than 1 year, the period of probation
shall not exceed 2 years.
2. In all other cases, [if he is sentenced to more than 1 year], said period shall not exceed 6 years.
3. When the sentenced imposes as fine only and the offender is made to serve subsidiary imprisonment, the
period of probation shall be twice the total number of days of subsidiary imprisonment.
I. ARREST OF PROBATIONER AND SUBSEQUENT DISPOSITION:
1. At any time during probation. The court may issue a warrant for the ARREST of a probationer for any
serious violation of the conditions of probations.
2. If violation is established the court may REVOKE or CONTINUE his probation and MODIFY the
conditions thereof. This order is not appealable.
3. If revoked, the probationer shall SERVE the sentence originally imposed.
4. An order revoking the grant of probation or modifying the term and conditions thereof shall NOT be
appealable.

J. TERMINATION OF PROBATION:
 The court may order the final discharge of the probationer upon finding that, he has fulfilled the terms
and conditions of his probation.

K. EFFECTS OF TERMINATION OF PROBATION:

1. Case is deemed terminated.
2. Restoration of all civil rights lost or suspended.
3. Fully discharges liability for any fine imposed.
Article 66
APPLICATION of FINES
In imposing fines, the Court may fix any amount within the limits established by the law, they can
consider:
1. Presence of aggravating and mitigating circumstances
2. The wealth or means of the culprit
 When the law does not fix minimum – left to the courts discretion, provided the fine is imposed,
does not exceed the maximum authorized by law.
PENALTY to be IMPOSED when NOT ALL the REQUISITES of exemption of Par. 4 Art. 12 are
present:
 Resulting felony:
1. Grave felony: Arresto mayor maximum to prision correctional minimum.
2. Less grave felony: Arresto mayor minimum to medium.
 Requisites of Art. 12, Par. 4:
i. Act causing injury is lawful;
ii. Performed with due care;
iii. Injury caused by mere accident;
iv. Without fault or intention of causing it.
PENALTY to be IMPOSED upon person UNDER 18 YEARS OF AGE:
1. More than 9 but less than 15 who acted with discernment discretionary penalty but always at least lower
by 2 degrees than that prescribed by law for the crime which he committed.
2. More than 15 but less than 18: Penalties next lower but always in the proper period.
APPLIES ONLY WHEN:
a. Application for suspension of sentence is disapproved
b. While in the reformatory institution, the minor becomes incorrigible and is returned to court for
imposition of the proper penalty.
Penalty to be imposed when the crime is not wholly excusable:
 The penalty next lower 1 or 2 degrees, if the requisites in Art. 11 and 12 are not present,
provided majority of such conditions are present; the court imposes the penalty in the proper
period, considering the number and nature of the condition of exemption present or lacking.
SUCCESSIVE SERVICE of SENTENCE:
 When the culprit has serve 2 or more penalties, he must serve them simultaneously if their nature
will permit otherwise, observe the following rules;
1. Follow the order of severity so that they may be executed successively or as nearly as may be
possible, should a pardon have been granted as to the penalty or penalties, or should they have
been serve out:
a. Death
b. Reclusion Perpetua
c. Reclusion temporal
 d. Prision mayor
e. Prision correccional
f. Arresto mayor
g. Arresto menor
h. Destierro
i. Perpetual absolute disqualification
j. Temporary absolute disqualification
k. Suspension from public office, the right to vote and be voted for, the right to follow a
profession or calling and
l. Public censure
2. But the maximum duration of sentence must not be more than 3 times the length equal to the
most severe penalty imposed;
3. Maximum period – not exceed 40 years;
4. In applying these rules, compute perpetual penalties at 30 years.

THREE FOLD RULE:

 Under this rule, when a convict is to serve at least 4 successive penalties, he will not actually
serve the penalties imposed by law. Instead, the most severe of the penalties imposed on him
shall be multiplied by three and the period will be the only term of the penalty to be served by
him. However, in no case should the penalty exceed 40 years.
 This rule is intended for the benefit of the convict and so, you will only apply this provided the
sum total of all the penalties imposed would be greater than the product of the most severe
penalty multiplied by three but in no case will the penalties to be served by the convict be more
than 40 years.
 The chronology of the penalties as provided in Article 70 of the Revised Penal Code shall be
followed:
 Death
 Reclusion perpetua
 Reclusion temporal
 Prision mayor
 Prision correccional
 Arresto mayor
 Arresto menor
 Destierro
 Perpetual absolute disqualification
 Temporary absolute disqualification
 Suspension from public office, the right tovote and to be voted for, the profession or
calling; and
 Public censure
GRADUATED SCALE:
 When the law prescribes a penalty lower or higher by 1 or more degrees than another given penalty,
follow the rules for graduating penalties;

SCALE 1
 Death
 Reclusion perpetua
 Reclusion temporal
 Prision mayor
 Prision correccional
 Arresto mayor
 Destierro
 Arresto menor
  Public censure
 Fine
SCALE 2
 Perpetual or temporary absolute disqualification
 Perpetual or temporary special disqualification
 Suspension from public office, the right to vote and to be voted for, the profession or calling
 Public censure
EXECUTION and SERVICE PENALTIES:
Innovations on the imposition of the death penalty
 Aside from restoring the death penalty for certain heinous crimes, republic Act No. 7695 made
innovations on the provisions of the Revised Penal Code regarding the imposition of the death penalty:
1. Instances when death penalty is NOT IMPOSED:
1 When the convict is below 18 yrs old at the time of the commission of the crime.
2 When the convict is over 70 yrs old at the time of the commission of the crime.
3 When upon appeal or automatic review of the case by the Supreme Court, required majority vote
is not obtained for the imposition of the death penalty, which cases the penalty shall be reclusion
perpetua. (Art. 47)

2. Instances when the execution of the death penalty is SUSPENDED:

1 When the convict is a woman who is pregnant or within 1 year after delivery.
2 When a convict shall become insane or an imbecile after final sentence has been pronounced.
(Art. 79)
3. Instances when death penalty although already imposed is NOT CARRIED OUT:
1 In case of commutation of sentence.
2 If the convict attains the age of 70 yrs old in which case the penalty where automatically lowered
to reclusion perpetua.

EXTENTION OF CRIMINAL LIABILITY:

 Always provide two classifications when answering this question.

Criminal liability is totally extinguished as follows:

1. By the death of the convict as to personal penalties; and as to pecuniary penal liability therefore is
extinguished only when the death of the offender occurs before judgment
2. By service of sentence;
3. By amnesty which completely extinguished the penalty and all it’s effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended women as in the crimes of rape, abduction, sedition and acts of
lasciviousness.
Criminal liability is partially extinguished as follows:
1. By conditional pardon;
2. By commutation of sentence;
3. For good conduct allowances which the culprit may earn while he is serving sentence;
4. Parole; and
5. Probation.

TAKE NOTE:
Where the offender dies before final judgment, his death extinguishes both his criminal and civil
liabilities. So, while a case is on appeal, the offender dies, the case on appeal is dismissed. The offended
party may file a separate civil action under the civil code and other basis for recovery of civil liability
exists as provided under Art. 1157 civil code.

PRESCRIPTION OF CRIME:
1. Death, reclusion perpetua, reclusion temporal;
20 years
 2. Other afflictive penalty
15 years
3. Correccional penalty
10 years EXCEPT: Arresto mayor – 5 years
4. Libel or other similar offenses
1 year
5. Oral defamation and slander by deed
6 months
6. Light offenses
2 months

PRESCRIPTION OF OFFENSES PUNISHABLE UNDER SPECIAL LAWS AND MUNICIPAL

ORDINANCES:
1. Fine or imprisonment of not over 1 month, or both – 1 year
2. Imprisonment of over 1 month but less than 2 years – 4 years
3. Imprisonment of 2 years but less than 6 years – 8 years
4. Imprisonment of 6 years or more – 12 years
5. Offenses under revenue law – 5 years
6. Violations of municipal ordinances – 2 months
7. Violations of regulations or conditions of certificate of convenience by PSC months

COMPUTATION OF PRESCRIPTION OF OFFENSES:

 General rule: from the day the crime was discovered by the offended party, authorities/agent.
 Interrupted: the period of prescription is interrupted from the date of the filing of the compliant or
information.
 Re-start: when proceedings are terminated without accused being convicted or acquitted or are
unjustifiably stopped for any reason not imputable to him.
TAKE NOTE:
1. Period will not run if the offender is abroad
2. Discovery of the crime and not the discovery of the offender, start the running of the period.
3. Filing of the complaint or information in the municipal court for preliminary investigation interrupts
the running of the prescriptive period.
4. In order to interrupt the running of the prescriptive period, it must be a proper complaint/information
corresponding to the offense.
5. If dismissal is final, accused cannot be prosecuted anymore, even if it still within prescriptive period,
on the ground of double jeopardy.
6. If the proceedings are interrupted because of the accused own acts, the period of prescription does
not run.
Prescription of CRIME and prescription of the PENALTY
Prescription of CRIME
 Prescription of the crime begins, as a general rule on the day the crime was committed, unless the crime
was concealed, not in public, in which case, the prescription thereof would only commence from the
time the offended party or the government learns of the commission of the crime.
 The government loses the right to prosecute the crime.
 Even though the offender may not have filed a motion to quash on this ground the trial court, but after
conviction and during the appeal he learned at the time the case was filed, the crime has already
prescribe, such accused can raise the question of prescription even for the first time on appeal, and the
appellate court shall have no jurisdiction to continue, if legally, the crime has indeed prescribed.
 The prescription of the crime is interrupted or suspended –
1. When a complaint is filed in a proper barangay for conciliation or mediation as required by chapter
7, local government code, but the suspension of the prescriptive period is good only for 60 days.
After which the prescription will resume to run, whether the conciliation or mediation is terminated
for not;
2. When criminal case is filed in the prosecutor’s office, the prescription of the crime is suspended until
the accused is convicted or the proceeding is terminated for a cause not attributable to the accused.
Prescription of the PENALTY
 On the prescription of the penalty, the period will only commence to run when the convict has begun to
serve the sentence. Actually, the penalty will begin to prescribe from the moment the convicts evades
the service of the sentence.
 The running of the period for the prescription of the penalty shall not apply in case;
1. When the offender has not commenced to serve his sentence;
2. When a convict fled to a foreign country where the Philippines has extradition treaty;
3. When the offender commits another crime while he is fugitive from justice before the expiration of
the period.
4. When the convict surrendered himself or was captured by authorities.
5. When the convict acceptance of conditional pardon.

CIVIL LIABILITY OF THE OFFENDER

 Every person criminally liable for a felony is also civilly liable;
 If no damage is caused, there is no civil liability even if there is criminal liability;
 Civil liability may exist, although criminal liability may not, in the following cases;
1. Acquittal on reasonable doubt;
2. Acquittal from cause of non-imputability;
3. Acquittal in criminal action for negligence;
4. There is only civil responsibility adjudged; or
5. Independent civil action.
RESERVATION must be to INSTITUTE the following SEPARATE CIVIL ACTIONS:
1. When civil action is based on an obligation not arising from the act or commission complained of as
a felony;
2. Cases referred to in Art. 31, 32, and 33 of NCC, whether or not the defendant’s acts or omission
constitutes a criminal offender;
3. Defamation, fraud, physical injuries;
4. Civil action against member of city or municipal police for refusing or failing to render aid or
protection to person in case of danger to life or property; and
5. Quasi-delict
CATEGORIES OF THE CIVIL LIABILITY OF THE OFFENDER:
1. Restitution and restoration;
 Restitution and restoration presupposes that the offended party was divested of property,
and such property must be returned. if the property is in the hands of a third party, the same
shall nevertheless be taken away from him and restored to the offended party,
even though such third party may be a holder for value and a buyer in good faith of the
property, except when such third party buys the property from a public sale where the
law protects the buyer.
2. Reparation of the damaged caused; and
 The court shall determine the amount of damage, taking into consideration the price of the
thing, whenever possible, and its special sentimental value to the injured party, and the
reparation shall be mad accordingly;
 Reparation shall be ordered by the court if restitution is not possible.
 If there is no evidence as to the value of the thing unrecovered, reparation cannot be made.
3. Indemnification of consequential damages.
 Indemnification of consequential damages refers to the loss of earnings, loss of profits.
This does not refer only to consequential damages suffered by the offended party; this also
includes consequential damages to third party who also suffer because of the commission of
the crime.
 Most importantly, refer to the persons who are civilly liable under articles 102 and 103.
This pertains to the owner, proprietor of hotels, inns, taverns and similar establishments, an
obligation to answer civilly for the loss of property of their guests.

Under Article 102, two conditions must be present before liability attaches to the innkeepers, tavern
keepers and proprietors:
 1. The guest must have informed the management in advance of his having brought to the premises
certain valuables aside from the usual personal belongings of the guest and;
2. The guest must have followed the rules and regulations prescribed by the management of such inn,
tavern, or similar establishment regarding the safekeeping of said valuables.

Under Article 103, the subsidiary liability of an employer or master for the crime committed by his
employee or servant may attach only when the following requisites concur:
1. The employer must be engaged in business or in trade or industry while the accused was his
employee;
2. At the time the crime was committed, the employee-employer relationship must be existing between
the two;
3. The employee must have been found guilty of the crime charged and accordingly held civilly liable;
4. The writ of execution for the satisfaction of the civil liability was returned unsatisfied because the
accused-employee does not have enough property to pay the civil liability.
TAKE NOTE:
There is not subsidiary penalty for payment of civil liability.

Subsidiary civil liability is imposed in the following:

1. In case of a felony committed under the compulsion of an irresistible force. The person who
employed the irresistible force is subsidiary liable;
2. In case of a felony committed under an impulse of an equal or greater injury. The person who
generated such impulse is subsidiary liable.

- END of BOOK 1 -