CRIMINAL LAW

Based on the book of Luis B. Reyes

CRIMINAL LAW IN GENERAL (f) Deprives a person accused of a crime some lawful
protection of a former conviction or acquittal to which
he has become entitled, or a proclamation of amnesty.
CRIMINAL LAW
The branch or division of law which defines crimes, treats of their
BILL OF ATTAINDER
nature, and provides for their punishment.
A legislative act which inflicts punishment without trial. Its essence is
the substitution of a legislative act for the judicial determination of
Principal Parts of Criminal Law under the Revised Penal Code
guilt.
1. Articles 1 to 20 – Basic Principles Affecting Criminal
Liability
2. No person shall be held to answer for a criminal offense
2. Articles 21 to 113 – Provisions on Penalties including
without due process of law.
Criminal and Civil Liabilities
Criminal laws must be of general application and must clearly define
3. Articles 114 to 365 – Felonies defined under 14 different
the acts and omissions punished as crimes.
titles.

CONSTITUTIONAL RIGHTS OF THE ACCUSED

The Fourteen (14) Different Titles are:
Bill of Rights
ARTICLES CRIMES AGAINST
114 to 123 National Security and the Law of Nations
STATUTORY RIGHTS OF AN ACCUSED
124 to 133 The Fundamental Laws of the State Section 1, Rule 115, Revised Rules on Criminal Procedure
134 to 160 Public Order
161 to 189 Public Interest CHARACTERISTICS OF CRIMINAL LAW
190 to 194 Repealed by Dangerous Drugs Act
195 to 202 Public Morals 1. General
203 to 245 Committed by Public Officers Criminal Law is binding on all persons who live or sojourn in Philippine
246 to 266 Persons territory.
267 to 292 Personal Liberty and Security
293 to 332 Property COURT MARTIAL
333 to 346 Chastity A court, and the prosecution of an accused before it is a criminal, not
347 to 352 Civil Status of Persons an administrative case, and therefore it would be, under certain
353 to 364 Honor conditions, a bar to another prosecution of the accused for the same
365 Quasi offenses offense, because the latter would place the accused in double jeopardy.

CRIME Exception to Generality

An act committed or omitted in violation of a public law forbidding or (a) Treaty Stipulations
commanding it. (b) Laws of Preferential Application
- Not applicable when the foreign country affected
POWER TO DEFINE AND PUNISH CRIMES does not provide similar protection to our diplomatic
The State has the authority, under its police power, to define and punish representative.
crimes and to lay down the rules of criminal procedure.
Persons exempt from the operation of our criminal laws by virtue
LIMITATIONS ON THE POWER OF THE LAWMAKING of the principles of Public International Law
BODY TO ENACT PENAL LEGISLATION 1. Sovereigns and other chiefs of state
1. No ex post facto law or bill of attainder shall be enacted. 2. Ambassadors, ministers plenipotentiary, ministers resident,
and charges d’affaires.
EX POST FACTO LAW
(a) Makes criminal an act done before the passage of the law 2. Territorial
and which was innocent when done, and punishes such Penal laws of the Philippines are enforceable only within its territory.
an act;
(b) Aggravates a crime, or makes it greater than it was, Exception to Territoriality
when committed; (a) Article 2 of the Revised Penal Code
(c) Changes the punishment and inflicts a greater i. Rules on Philippine Vessel or Airship
punishment than the law annexed to the crime when ii. Foreign Vessel
committed;
(d) Alters the legal rules of evidence and authorizes 3. Prospective
conviction upon less or different testimony than the law A penal law cannot make punishable an act in a manner in which it was
required at the time of the commission of the offense; not punishable when committed.
(e) Assumes to regulate civil rights and remedies only, in
effect imposes a penalty or deprivation of a right for Exception
something which when done was lawful; and (a) Doctrine of Pro Reo
Whenever a new statute dealing with crime establishes conditions more
lenient or favorable to the accused

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 CRIMINAL LAW
Based on the book of Luis B. Reyes
Exception to the exception
(a) Where the new law specifically provides that it shall be The Code Committee
inapplicable to pending actions or existing causes of The Code Committee which revised the Penal Code was created by
action Administration Order No. 94 of the Department of Justice dated
(b) Where the offender is a habitual delinquent October 18, 1927, and was composed of Justice Anacleto Diaz, as
Chairman, and as members, Messrs. Quintin Paredes, Guillermo B.
How Penal Laws are to be Construed Guevarra, Alex Reyes and Mariano H. de Joya. The Committee was
1. It should be liberally construed in favor of the accused and entrusted with the preparation of a revised draft of the Penal Code,
strictly against the State, as long as: taking into consideration:
(a) The offender must clearly fall under the term of the law
(b) An act or omission is only criminal when provided by 1. Penal Legislation found in our statute books;
statute 2. The Rulings laid down by the Supreme Court; and
2. In cases of conflict with the official translation, the original 3. The present condition of these islands.
Spanish Text is controlling over the English translation.
3. No interpretation by analogy. Various penal acts which were enacted during the early years of the
American Administration were incorporated into the Revised Penal
COMPLETE DEFENSES IN CRIMINAL CASES Code, among them are Malversation, Opium, Brigandage, Libel,
1. Any of the essential elements of the crime charged is not Treason and Sedition Laws. The Revised Penal Code was approved as
proved by the prosecution and the elements proved do not Act No. 3815, of the Philippine Legislature on December 8, 1930. It
constitute any crime. took effect on January 1, 1932.
2. The act of the accused falls under any of the justifying
circumstances. ARTICLE 1
3. The act of the accused falls under any of the exempting
circumstances.
4. The case is covered by any of the absolutory causes. TIME WHEN ACT TAKES EFFECT. – This Code shall take effect on
5. Guilt of the accused not established beyond reasonable the first day of January, Nineteen hundred and Thirty – two.
doubt.
6. Prescription of crimes. The Three (3) Theories of Criminal Law
7. Pardon by the offended party before the institution of
criminal action in crimes against chastity. 1. Classical Theory
The basis of criminal liability is human free will and the purpose of
THE REVISED PENAL CODE penalty is retribution.
(Act No. 3815, as amended)
Places more stress upon the effect or the result of the felonious act than
upon the man who committed the crime.
BOOK ONE
General Provisions Regarding the Date of Enforcement and the It has endeavored to establish a mechanical and direct proportion
Application of the Provisions of this Code, and Regarding the between crime and penalty. There is little regard for the human element.
Offenses, the Persons Liable and the Penalties
2. Positivist Theory
Emphasis is given to man as he may be subdued occasionally by strange
Preliminary Title
and morbid phenomena which may cause him to do wrong.
DATE OF EFFECTIVENESS AND APPLICATION OF THE PROVISIONS
OF THIS CODE
Not based on retribution but rehabilitation of the individual after a
thorough, personal and individual investigation conducted by a
HISTORY OF THE REVISED PENAL CODE competent body of psychiatrists and social scientists.

The Code Committee that Revised the Penal Code
The Code Commission was created by Executive Order No. 48, dated
March 20, 1947, prepared the Code of Crimes, which has not been
enacted to law which states that criminality depends mostly on social
factors, environmental, education, economic conditions or inborn or
hereditary character of the criminal himself. The Classical Theory
stresses the objective standard of crime, and imposes a proportionate
punishment therefore, but the positivist school considers the deed as
secondary and the offender as primary, and the means of repression to
protect the society from the actor – to forestall the social defense
because it takes the view that crime is essentially a social and natural
phenomenon.
3. Mixed or Eclectic Theory
ARTICLE 2
APPLICATION OF ITS PROVISIONS. – Except as provided in the
treaties and laws of preferential application, the provisions of
this Code shall be enforced not only w ithin the Philippine
archipelago, including its atmosphere, its interior waters and
maritime zone, but also outside of its jurisdiction against those
who:
(1) Should commit an offense while on a Philippines ship;

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 CRIMINAL LAW
Based on the book of Luis B. Reyes
(2) Should forge or counterfeit any coin or currency note of
the Philippine islands or obligations or securities issued
by the Government of the Philippine islands;
ACT
(3) Should be liable for acts connected with the
Any bodily movement tending to produce some effect in the external
introduction into these islands of the obligations and
world; possibility of its production is sufficient.
securities mentioned in the preceding number;
(4) While being public officers or employees should commit
OVERT ACT
an offense in the exercise of their functions; An external act which has direct connection with the felony intended to
(5) Should commit any of the crimes against national be committed.
security and the law of nations, defined in Title One of
Book Two of this Code. OMISSION
Failure to perform a positive duty which one is bound to do.
The provisions of the Revised Penal Code shall be enforced not only
within the Philippine Archipelago, but also outside of its jurisdiction in NULLUM CRIMEN, NULLA POENA SINE LEGE
certain cases. There is no crime where there is no law punishing it.

French Rule Classification of Felonies

Such crimes are not triable in the courts of that country, unless their
commission affects the peace and security of the territory or the safety 1. DOLO / Intentional
of the state is endangered. Act of the offender is malicious and is performed with deliberate intent

English Rule Requisites of Dolo / Intentional Felonies

Such crimes are triable in that country, unless they merely affect the 1. Freedom
things within the vessel or they refer to the internal management The act committed must have been committed voluntarily. Otherwise,
thereof. one may be exempted from criminal liability.

FOREIGN MERCHANT VESSELS WITH OPIUM 2. Intelligence

There shall be no jurisdiction if the vessel remains in transit. The act committed must have been under the persons’ discernment.
Jurisdiction is acquired only if the vessel docks in the port and if there
is a breach of public order. 3. Intent
A mental state, the existence of which is shown by the overt acts of a
Title One person.
(a) Kind of weapon used
FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL
(b) Location of the wound inflicted
LIABILITY
(c) Motive
(d) Nature by which the crime was actualized
Chapter One (e) Kind of wound inflicted
FELONIES
2. CULPA / Culpable
The act of the offender is not malicious and the injury caused to another
ARTICLE 3
person is unintentional.

DEFINITION. – Acts and omissions punishable by law are felonies The wrongful act is a result from imprudence, negligence, lack of
(delitos). Felonies are committed not only by means of deceit foresight or lack of skill.
(dolo) but also by means of fault (culpa).
Requisites of Culpable Felonies
There is deceit when the act is performed with deliberate intent; 1. Freedom
and there is fault when the wrongful act results from 2. Intelligence
imprudence, negligence, lack of foresight or lack of skill. 3. Negligence (Lack of Foresight)
Indicates a deficiency of perception

FELONIES 4. Imprudence (Lack of Skill)

Acts or omissions punishable by the Revised Penal Code.
Indicates a deficiency of action

ELEMENTS Criminal intent and the will to commit a crime are always presumed to
1. There must be an act or omission.
exist on the part of the person who executes an act which the law
2. That the act or omission must be punishable by the Revised
punishes, unless the contrary shall appear.
Penal Code.
3. That the act is performed or the omission incurred by means
Mistake of Fact
of dolo or culpa.

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Based on the book of Luis B. Reyes
Misapprehension of fact on the part of the person who cause injury to
another
(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 in performing the
act should be lawful; and
(c) That the mistake must be without fault or
carelessness on the part of the accused.
ACTUS NON FACIT REUM, NISI MENS SIT REA
The act itself does not make a man guilty unless his intention were so.
REQUISITES
1. That an intentional felony has been committed; and
2. That the wrong done to the aggrieved party be the direct,
natural and logical consequence of the felony committed by
the offender.
Mistake in Identity/Fact (Error in personae)
There is a mistake in the identity of the victim
Mistake in the Blow (Aberratio ictus)

ACTUS ME INVITO FACTUS NON EST MEUS ACTUS Praeter Intentionem

An act done by me against my will is not my act.
MALA IN SE
These are acts which are wrongful in their nature.
Those which are so serious in their effects on society as to call for
almost unanimous condemnation of its members.
The act exceeds the intent, that is, the injurious result is greater than that
intended.
PROXIMATE CAUSE
That cause, which, in natural and continuous sequence, unbroken by
any efficient intervening cause, produces the injury, and without which
the result would not have occurred.

MALUM PROHIBITUM WHEN DEATH IS PRESUMED TO BE THE NATURAL

These are acts which are criminalized by special laws. CONSEQUENCE OF PHYSICAL INJURIES INFLICTED
1. That the victim at the time the physical injuries were
They are not necessarily immoral in nature but are only made inflicted was in normal health
punishable for the convenience of persons. 2. That death may be expected from the physical injuries
inflicted
MOTIVE 3. That death ensued within a reasonable time.
The moving power which impels one to action for a definite result. If the consequences produced have resulted from a distinct act or fact
absolutely foreign from the criminal act, the offender is not responsible
PROOF OF MOTIVE for such consequences.
Established by the testimony of witnesses on the acts or statements of
the accused before or immediately after the commission of the offense. FELONY COMMITTED IS NOT THE PROXIMATE CAUSE OF
1. When there is doubt as to the identity of the assailant; THE RESULTING INJURY WHEN
2. In ascertaining the truth between two antagonistic theories 1. There is an active force that intervened between the felony
or versions of the crime committed and the resulting injury
3. Where the identification of the accused comes from an 2. The resulting injury is due to the intentional act of the
unreliable source and is inconclusive victim.
4. Where there are no eyewitnesses and suspicion is likely to
fall on a number of people IMPOSSIBLE CRIME
5. When evidence is merely circumstantial. 1. Inherent impossibility
The act intended by the offender is by its nature one of impossible
INTENT accomplishment.
The purpose to use a particular means to effect such result. a. Legal impossibility
b. Physical impossibility
ARTICLE 4
2. Employment of inadequate means
3. Employment of ineffectual means
CRIMINAL LIABILITY. – Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the REQUISITES
wrongful act done be different from that which he 1. That the act performed would be against persons or
intended. property;
2. By any person performing an act which would be an 2. That the act done was with evil intent;
offense against persons or property, were it not for the 3. That its accomplishment is inherently impossible; or that the
impossibility of its accomplishment or on account of the means employed is either inadequate or ineffectual;
employment of inadequate or ineffectual means. 4. That the act performed should not constitute a violation of
another provision of the Revised Penal Code.
EL QUE ES CAUSA DE LA CAUSA ES CAUSA DEL MAL
CAUSADO ARTICLE 5
He who is the cause of the cause is the cause of the evil caused

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Based on the book of Luis B. Reyes
DUTY OF THE COURT IN CONNECTION WITH ACTS WHICH
SHOULD BE REPRESSED BUT WHICH ARE NOT COVERED BY THE
LAW, AND IN CASES OF EXCESSIVE PENALTIES. – Whenever a
court has knowledge of any act which it may deem proper to
repress and which is not punishable by law, it shall render the
proper decision and shall report to the Chief Executive, through
the Department of Justice, the reasons which induce the court to
believe that said act should be made the subject of penal
legislation.
In the same way, the Court shall submit to the Chief Executive,
through the Department of Justice, such statement as may be
deemed proper, without suspending the execution of the
sentence, when a strict enforcement of the provisions of this
Code would result in the imposition of a clearly excessive
penalty, taking into consideration the degree of malice and the
injury caused by the offense.
Stages of the Commission of the Crime
felony by reason of some cause or accident other than his own
spontaneous desistance.
When all the elements necessary for its
CONSUMMATED
execution and accomplishment are present
When the offender performs all the acts of
execution which would produce the felony
FRUSTRATED as a consequence but which, nevertheless,
do not produce it by reason of causes
independent of the will of the perpetrator.
When the offender commences the
commission of a felony directly by overt
acts and does not perform all the acts of
ATTEMPTED
execution which should produce the felony
by reason of some cause or accident other
than his own spontaneous desistance.

FIRST PARAGRAPH 1. Internal Acts

1. The act committed by the accused appears not punishable by Such as mere ideas in the mind of the person are not punishable even
any law; if, had they been carried out, would constitute a crime.
2. But the court deems it proper to punish such act;
3. In that case, the court must render the proper decision by 2. External Acts
dismissing the case and acquitting the accused; (a) Preparatory Acts
4. The judge must then make a report to the Chief Executive, - Ordinarily, are not punishable.
through the Secretary of Justice, stating the reasons which
induce him to believe that the said act should be made the (b) Acts of Execution
subject of penal legislation. - Acts punishable by the Revised Penal Code

SECOND PARAGRAPH REQUISITES OF AN ATTEMPTED FELONY

1. The court, after trial, finds the accused guilty; 1. The offender commences the commission of the felony
2. The penalty provided for by law and which the court directly by overt acts;
imposes for the crime committed appears to be clearly a. That there be external acts;
excessive because: b. Such external acts have direct connection with the crime
(a) The accused acted with lesser degree of malice; and intended to be committed.
(b) There is no injury or the injury caused is of lesser 2. He does not perform all the acts of execution which should
gravity; produce the felony;
3. The court should not suspend execution of the sentence; 3. The offender’s act is not stopped by his own spontaneous
4. The judge should submit a statement to the Chief Executive, desistance;
through the Secretary of Justice, recommending Executive 4. The non – performance of all acts of execution was due to
Clemency. cause or accident other than his own spontaneous
desistance.
ARTICLE 6
INDETERMINATE OFFENSE
Where the purpose of the offender in performing an act is not certain.
CONSUMMATED, FRUSTRATED AND ATTEMPTED FELONIES. –
Its nature in relation to its objective is ambiguous.
Consummated felonies, as well as those which are frustrated and
attempted are punishable.
REQUISITES OF FRUSTRATED FELONY
1. The offender performs all the acts of execution;
A felony is consummated when all the elements necessary for its 2. All the acts performed would produce the felony as a
execution and accomplishment are present; and it is frustrated consequence;
when the offender performs all the acts of execution which 3. But the felony is not produced;
would produce the felony as a consequence but which, 4. By reason of causes independent of the will of the
nevertheless, do not produce it by reason of causes independent perpetrator.
of the will of the perpetrator.
TEST TO DETERMINE WHETHER THE CRIME IS ONLY
There is an attempt when the offender commences the ATTEMPTED, FRUSTRATED, OR IT IS CONSUMMATED
commission of a felony directly by overt acts, and does not 1. The nature of the offense;
perform all the acts of execution which should produce the 2. The elements constituting the felony; and

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Based on the book of Luis B. Reyes
3. The manner of committing the same.
When conspiracy is only a manner of incurring liability, it is not
MANNER OF COMMITTING THE CRIME punishable as a separate offense.
1. Formal crimes
Consummated in one instant, on attempt. It is fundamental for conspiracy to exist that there must be unity of
purpose and unity in the execution of the unlawful objective.
2. Crimes consummated by mere attempt or proposal or by Conspiracy arises on the very instant the plotters agree, expressly or
overt act impliedly, to commit the felony and forthwith decide to pursue it. Once
3. Felony by omission this assent is established, each and every one of the conspirators is made
4. Crimes requiring the intervention of two persons to commit criminally liable for the crime, committed by any one of them.
them are consummated by mere agreement
5. Material crimes REQUISITES
1. That two or more persons came to an agreement;
ARTICLE 7 Agreement presupposes meeting of the minds of two or more persons

2. That the agreement concerned is the commission of a

WHEN LIGHT FELONIES ARE PUNISHABLE. – Light felonies are felony; and
punishable only when they have been consummated, with the The agreement must refer to the commission of a crime. It must be an
exception of those committed against persons or property. agreement to act, to effect, to bring about what has already been
conceived and determined.
Light Felonies
Those infractions of law for the commission of which the penalty of 3. That the execution of the felony be decided upon.
arresto menor or a fine not exceeding 200 pesos or both is provided. The conspirators have made up their minds to commit the crime. There
must be a determination to commit the crime of treason, rebellion or
As a general rule, they are only punishable when they have been sedition.
consummated with the exception of crimes against persons or property
for it presupposes in the offender moral depravity. Requisites of Proposal:
1. Slight physical injuries; 1. That a person has decided to commit a felony; and
2. Theft 2. That he proposes its execution to some other person or
3. Alteration of boundary marks persons.
4. Malicious mischief
5. Intriguing against honor ARTICLE 9

ARTICLE 8 GRAVE FELONIES, LESS GRAVE FELONIES AND LIGHT FELONIES. –

CONSPIRACY AND PROPOSAL TO COMMIT FELONY. – Conspiracy
and proposal to commit a felony are punishable only in the cases
in which the law specifically provides a penalty therefor.
A conspiracy exists when two or more persons come to an
agreement concerning the commission of a felony and decide to
commit it.
There is proposal when the person who has decided to commit a
felony proposes its execution to some other person or persons.
Grave felonies are those to which the law attaches the capital
punishment or penalties which in any of their periods are
afflictive, in accordance with Article 25 of this Code.
Less grave felonies are those which the law punishes with
penalties which in their maximum period are correctional, in
accordance with the above – mentioned article.
Light felonies are those infractions of law for the commission of
which the penalty of arresto menor or a fine not exceeding 200
pesos, or both, is provided.

Conspiracy AFFLICTIVE CORRECTIONAL

Generally, conspiracy is not a crime unless when the law specifically Reclusion perpetua Prision correccional
provides a penalty for such. Reclusion temporal Arresto mayor
1. Treason Perpetual or temporary absolute Suspension
2. Rebellion disqualification Destierro
3. Sedition Perpetual or temporary special
4. Terrorism disqualification
Prision mayor
Conspiracy and proposal to commit a felony are only preparatory acts,
and the law regards them as innocent or at least permissible except in
ARTICLE 10
rare and exceptional cases.

The act of one is the act of all.

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Based on the book of Luis B. Reyes
OFFENSES NOT SUBJECT TO THE PROVISIONS OF THIS CODE. – Are those which, if attendant in the commission of the crime, serve to
Offenses which are or in the future may be punishable under increase the penalty without, however, exceeding the maximum of the
special laws are not subject to the provisions of this Code. This penalty provided by law for the offense.
Code shall be supplementary to such laws, unless the latter
5. Alternative Circumstances
should specially provide the contrary.
Are those which must be taken into consideration as aggravating or
mitigating according to the nature and effects of the crime and the other
The first clause should be understood to mean only that the Penal Code conditions attending its commission.
is not intended to supersede special penal laws. The latter are
controlling with regard to offenses therein specially punished.
SPECIAL LAW
A statute enacted by the Legislative branch, penal in character, which IMPUTABILITY
is not an amendment to the Revised Penal Code. The quality by which an act may be ascribed to a person as its author or
owner. The act committed has been freely and consciously done and
RPC PROVISIONS ON PENALTIES CANNOT BE APPLIED TO may, therefore, be put down to the doer as his own.
OFFENSES PUNISHABLE UNDER SPECIAL LAWS
1. Article 6 RESPONSIBILITY
2. Article 18 The obligation of suffering the consequences of the crime. It is the
3. Article 19 obligation of taking the penal and civil consequences of the crime.
4. Article 50 – 57
5. Article 13 GUILT
6. Article 14 An element of responsibility; for a man cannot be made to answer for
7. Article 64 his consequences unless he is found guilty.

SUPPLEMENTARY
ARTICLE 11
1. Article 22
2. Article 17
3. Article 39 JUSTIFYING CIRCUMSTANCES. – The following do not incur any
4. Article 45 criminal liability:
5. Article 100
1. Anyone who acts in defense of his person or rights,
Chapter Two provided that the following circumstances concur:
JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH First. Unlawful aggression.
EXEMPT FROM CRIMINAL LIABILITY Second. Reasonable necessity of the means employed to
prevent or repel it.
CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY Third. Lack of sufficient provocation on the part of the person
1. Justifying Circumstances defending himself.
Those where the act of a person is said to be in accordance with the law,
so that such person is deemed not to have transgressed the law and is 2. Any one who acts in defense of the person or rights of
free from both criminal and civil liability. his spouse, ascendants, descendants, or legitimate,
natural or adopted brothers or sisters, or his relatives by
2. Exempting Circumstances affinity in the same degrees and those consanguinity
Those grounds for exemption from punishment because there is within the fourth civil degree, provided that the first and
wanting in the agent of the crime any of the conditions which make the second requisites prescribed in the next preceding
act voluntary or negligent.
circumstance are present, and the further requisite, in
case the revocation was given by the person attacked,
JUSTIFYING EXEMPTING
that the one making defense had no part therein.
CIRCUMSTANCES CIRCUMSTANCES
Does not transgress the law There is a crime but there is no
3. Anyone who acts in defense of the person or rights of a
because there is nothing criminal liability. There is civil
stranger, provided that the first and second requisites
unlawful in the act as well as in liability, except in paragraphs 4
the intention of the actor. and 7. mentioned in the first circumstance of this Article are
present and that the person defending be not induced
3. Mitigating Circumstances by revenge, resentment, or other evil motive.
Are those of which, if present in the commission of the crime, do not
entirely free the actor from criminal liability, but serve only to reduce 4. Any person who, in order to avoid an evil or injury, does
the penalty. They are based on the diminution of either freedom of not act which causes damage to another, provided that
action, intelligence, or intent, or on the lesser perversity of the offender. the following requisites are present:
First. That the evil sought to be avoided actually exists.
4. Aggravating Circumstances

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Based on the book of Luis B. Reyes
Second. That the injury feared be greater than that done to perfect and indisputable right to repel such danger by wounding his
avoid it. adversary and, if necessary, to disable him completely so that he may
Third. That there be no other practical or less harmful means of not continue the assault.
c. Place and occasion of the assault considered
preventing it.
d. The darkness of the night and the surprise which
characterized the assault considered.
5. Any person who acts in fulfillment of a duty or the lawful
e. The reasonableness of the resistance
exercise of a right or office.
MEANS EMPLOYED IS REASONABLE DEPENDENT UPON
6. Any person who acts in obedience to an order issued by a. The nature and the quality of the weapon used by the
a superior for some lawful purpose aggressor
b. His physical condition, character, size and other
BURDEN OF PROOF circumstances
It is incumbent upon the accused, in order to avoid criminal liability, to c. Those of the person defending himself
prove the justifying circumstance claimed by him to the satisfaction of d. Place and occasion of the assault
the court. e. That he had no other means or if there was other means,
he could coolly choose the less deadly weapon as to
PARAGRAPH 1: repel the assault.
Anyone who acts in defense of his person or rights, provided that
the following circumstances concur: 3. Lack of sufficient provocation on the part of the person
First. Unlawful aggression. defending himself.
Second. Reasonable necessity of the means employed to The one defending himself must not have given cause for the aggression
prevent or repel it. by his unjust conduct or by inciting or provoking the assailant.
Third. Lack of sufficient provocation on the part of the a. When no provocation at all was given to the aggressor
person defending himself. by the person defending himself;
b. When, even if a provocation was given, it was not
SELF – DEFENSE sufficient;
Includes not only the defense of the person or body of the one assaulted c. When, even if the provocation was sufficient, it was not
but also that of his rights, the enjoyment of which are protected by law. given by the person defending himself;
d. When, even if a provocation was given by the person
It is embodied in any penal system in the civilized world finds defending himself, it was not proximate and immediate
justification in man’s natural instinct to protect, repel, and save his to the act of aggression.
person or rights from impending danger or peril; it is based on that
impulse of self – preservation born to man and part of his nature as a SUFFICIENCY OF PROVOCATION
human being. It should be proportionate to the act of aggression and adequate to stir
the aggressor to its commission.
REQUISITES
1. Unlawful aggression BATTERED WOMAN SYNDROME
Equivalent to assault or to at least threatened assault of an immediate or Recognized as a form of incomplete self – defense in foreign
imminent kind. jurisdiction; and recently adopted by Philippine jurisprudence.

There is unlawful aggression when the peril to one’s life, limb, or right A form of understanding the justifiably fearful state of mind of a person
is either actual or imminent. who has been clinically abused and controlled over a long period of
time.
In cases of threat, it must be offensive and positively strong, showing
the wrongful intent to cause an injury. BATTERED WOMAN
A woman who is repeatedly subjected to any forceful physical or
WHAT BELIES THE CLAIM OF SELF – DEFENSE psychological behavior by a man in order to coerce her to do something
a. The location, number and seriousness of the wounds he wants her to do without concern for her rights.
inflicted on the victim
b. The nature, character, location and extent of the wounds To be considered a battered woman, the couple must go through a
suffered by the victim battering cycle twice.
c. The probability of the deceased being the aggressor
d. The physical fact CYCLE OF VIOLENCE
1. Tension – building phase
2. Reasonable necessity of the means employed to prevent 2. Acute – battering incident
or repel it 3. Tranquil, loving (non – violent) phase.
a. There must be a necessity of the cause of action
b. There be a necessity of the means used PARAGRAPH 2.
The person attacked is not duty bound to expose himself to be wounded Anyone who acts in defense of the person or rights of his spouse,
or killed, and while the danger to his person or life subsists, he has a ascendants, descendants, or legitimate, natural or adopted brothers

8
 CRIMINAL LAW
Based on the book of Luis B. Reyes
or sisters, or his relatives by affinity in the same degrees and those The evil must actually exist. If it is merely expected or anticipated or
consanguinity within the fourth civil degree, provided that the first may happen in the future is not applicable.
and second requisites prescribed in the next preceding
circumstance are present, and the further requisite, in case the This is the only paragraph in Article 11 which incurs civil liability
revocation was given by the person attacked, that the one making which shall be borne by the persons benefitted.
defense had no part therein.
PARAGRAPH 5.
RELATIVES THAT CAN BE DEFENDED Any person who acts in fulfillment of a duty or the lawful exercise
1. Spouse of a right or office.
2. Ascendants
3. Descendants REQUISITES
4. Legitimate, natural or adopted brothers and sisters or 1. That the accused acted in the performance of a duty or in the
relatives by affinity in the same degrees lawful exercise of a right or office;
By virtue of marriage, parents-in-law, children-in-law, and brother or 2. That the injury caused or the offense committed be the
sister-in-law. necessary consequence of the due performance of duty or
5. Relatives by consanguinity within the fourth civil degree the lawful exercise of such right or office.
Refers to blood relatives PARAGRAPH 6.
Any person who acts in obedience to an order issued by a superior
REQUISITES for some lawful purpose.
1. Unlawful aggression;
2. Reasonable necessity of the means employed to prevent or REQUISITES
repel it; 1. That an order has been issued by a superior;
3. In case the provocation was given by the person attacked, 2. That such order must be for some lawful purpose;
the one making the defense had no part therein. 3. That the means used by the subordinate to carry out said
order is lawful.
PARAGRAPH 3.
Anyone who acts in defense of the person or rights of a stranger, Both the person who gives the order and the person who executes it
provided that the first and second requisites mentioned in the first must be acting within the limitations prescribed by law.
circumstance of this Article are present and that the person
defending be not induced by revenge, resentment, or other evil When the order is not for a lawful purpose, the subordinate who obeyed
motive. it is criminally liable. The subordinate is not liable for carrying out an
illegal order of his superior, if he is not aware of the illegality of the
STRANGERS order and he is acting in good faith.
Any person not included in the enumeration of relatives mentioned in
paragraph 2 is considered a stranger for the purpose of paragraph 3. ARTICLE 12

REQUISITES
1. Unlawful aggression; CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY. –
2. Reasonable necessity of the means employed to prevent or The following are exempt from criminal liability.
repel it;
3. The person defending be not induced by revenge, 1. An imbecile or an insane person, unless the latter has
resentment or other evil motive. acted during a lucid interval.
Even if a person has a standing grudge against the assailant, if he enters
upon the defense of a stranger out of generous motive to save the When the imbecile or an insane person has committed
stranger from serious injury, the third requisite still exists. an act which the law defines as a felony (delito), the
court shall order his confinement in one of the hospitals
PARAGRAPH 4. or asylums established for persons thus afflicted, which
Any person who, in order to avoid an evil or injury, does not act
he shall not be permitted to leave without first
which causes damage to another, provided that the following
obtaining the permission of the same court.
requisites are present:
First. That the evil sought to be avoided actually exists.
2. A person under nine years of age.
Second. That the injury feared be greater than that done
to avoid it.
Third. That there be no other practical or less harmful 3. A person over nine years of age and under fifteen,
means of preventing it. unless he has acted with discernment, in which case,
such minor shall be proceeded against in accordance
AVOIDANCE OF GREATER EVIL OR INJURY with the provisions of Article 80 of this Code.
The term damage to another refers to and covers injury to persons and
damage to property. When such minor is adjudged to be criminally
irresponsible, the court, in conformity with the

9
 CRIMINAL LAW
Based on the book of Luis B. Reyes
provisions of this and the preceding paragraph, shall the defendant had lucid intervals, it will be presumed that the offense
commit him to the care and custody of his family who was committed in one of them.
shall be charged with his surveillance and education;
PARAGRAPH 2.
otherwise, he shall be committed to the care of some
A person under nine years of age.
institution or person mentioned in said Article 80.

PARAGRAPH 3.
4. Any person who, while performing a lawful act with due
A person over nine years of age and under fifteen, unless he has
care, causes an injury by mere accident without fault or acted with discernment, in which case, such minor shall be
intention of causing it. proceeded against in accordance with the provisions of Article 80
of this Code.
5. Any person who acts under the compulsion of an
irresistible force. R.A. NO. 9344 – JUVENILE JUSTICE AND WELFARE ACT OF
2006
6. Any person who acts under the impulse of an Raised the age of absolute irresponsibility from nine (9) to fifteen (15)
uncontrollable fear of an equal or greater injury. years of age. However, the child shall still be subjected to an
intervention program although he may be exempt from criminal
7. Any person who fails to perform an act required by law, liability.
when prevented by some lawful or insuperable cause.
PERIODS OF CRIMINAL RESPONSIBILITY
Absolute 15 and below
BURDEN OF PROOF
irresponsibility
Must be proved by the defendant to the satisfaction of the court.
Conditional 15 and 1 day to 18
Responsibility
PARAGRAPH 1.
Full Responsibility 18 years to 70 years
An imbecile or an insane person, unless the latter has acted during
a lucid interval. Mitigated 15 and 1 day to 18 (acting with
Responsibility discernment) and over 70 years
When the imbecile or an insane person has committed an act which
the law defines as a felony (delito), the court shall order his CHILD IN CONFLICT WITH THE LAW
confinement in one of the hospitals or asylums established for A person who at the time of the commission of the crime is below 18
persons thus afflicted, which he shall not be permitted to leave years old but not less than 15 years and 1 day old.
without first obtaining the permission of the same court.
DISCERNMENT
IMBECILE The capacity of the child at the time of the commission of the crime to
One who, while advanced in age, has a mental development comparable understand the differences between right and wrong and the
to that of children between two and seven years of age. consequences of the wrongful act.

One who is deprived completely of reason or discernment and freedom DETERMINATION OF DISCERNMENT
of the will at the time of the commission of the crime. Shall consider the ability of the child to understand the moral and
psychological components of criminal responsibility
INSANE 1. Manner of committing the crime
Exists when there is a complete deprivation of intelligence in 2. Conduct of the offender
committing the act, that is, the accused is deprived of reason, he acts
without the least discernment because there is a complete absence of BURDEN OF PROOF OF AGE
the power to discern, or that there is a total deprivation of freedom of Any person alleging the age of a child in conflict with the law has the
the will. burden of proving the age of such child.
1. Original or certified true copy of the certificate of live birth
PROCEDURE WHEN THE IMBECILE OR INSANE 2. Similar authentic documents or any pertinent documents
COMMITTED A FELONY that show the date of birth of the child
The Court shall order his confinement in one of the hospitals or asylums 3. The testimony of a member of the family related to the child
established for persons afflicted, which he shall not be permitted to by affinity or consanguinity
leave without first obtaining the permission of the court. 4. The testimony of other persons, the physical appearance of
the child and other relevant evidence.
LUCID INTERVAL
The evidence of sanity must refer to the time preceding the act under PARAGRAPH 4.
prosecution or to the very moment of its execution. Any person who, while performing a lawful act with due care,
causes an injury by mere accident without fault or intention of
If the insanity is only occasional or intermittent in its nature, the causing it.
presumption of its continuance does not arise. Where it is shown that
ELEMENTS
1. A person is performing a lawful act;

10
 CRIMINAL LAW
Based on the book of Luis B. Reyes
2. With due care; another person to commit the compelling another to commit a
3. He causes an injury to another by mere accident; crime. crime.
4. Without fault or intention of causing it.
PARAGRAPH 7.
ACCIDENT Any person who fails to perform an act required by law, when
Something that happens outside the sway of our will, and although it prevented by some lawful or insuperable cause.
comes about through some act of our will, it lies beyond the bounds of
humanly foreseeable consequences. ELEMENTS
1. That an act is required by law to be done;
Refers to purely accidental cases where there was absolutely no 2. That a person fails to perform such act;
intention to commit the wrong done. 3. That his failure to perform such act was due to some lawful
or insuperable cause.
NEGLIGENCE
The failure to observe, for the protection of the interest of another ABSOLUTORY CAUSES
person, that degree of care, precaution and vigilance which the Those where the act committed is a crime but for reasons of public
circumstances justly demand without which such other person suffers policy and sentiment there is no penalty imposed.
injury. 1. Article 6
2. Article 20
PARAGRAPH 5. 3. Article 124, last paragraph
Any person who acts under the compulsion of an irresistible force. 4. Article 247, paragraphs 1 and 2
5. Article 280, paragraph 3
6. Article 332
ELEMENTS 7. Article 344, paragraph 4
1. That the compulsion is by means of physical force;
2. That the physical force must be irresistible; Chapter Three
3. That the physical force must come from a third person. CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY

PASSION OR OBFUSCATION CANNOT BE IRRESISTIBLE

FORCE ARTICLE 13
The irresistible force can never consist in an impulse or passion, or
obfuscation. It must consist of an extraneous force coming from a third MITIGATING CIRCUMSTANCES. – The following are mitigating
person.
circumstances:

NATURE OF FORCE REQUIRED

1.
The force must be irresistible to reduce the actor to a mere instrument
who acts not only without will but against his will. The compulsion
must be of such a character as to leave no opportunity to the accused
for escape or self – defense in equal combat.
Those mentioned in the preceding chapter, when all the
requisites necessary to justify the act or to exempt from
criminal liability in the respective cases are not
attendant.

PARAGRAPH 6. 2. That the offender is under eighteen years of age or over

Any person who acts under the impulse of an uncontrollable fear seventy years. In the case of the minor, he shall be
of an equal or greater injury. proceeded against in accordance with the provisions of
Article 80.
ELEMENTS
1. That the threat which causes the fear is of an evil greater 3. That the offender had no intention to commit so grave
than or at least equal to, that which he is required to commit; a wrong as that committed.
2. That it promises an evil of such gravity and imminence that
the ordinary man would have succumbed to it. 4. That sufficient provocation or threat on the part of the
3. There is an existence of an uncontrollable fear;
offended party immediately preceded the act.
4. The fear must be real and imminent.

5. That the act was committed in the immediate

DURESS
vindication of a grave offense to the one committing the
Force or threats meant to make someone do something. It should be
felony (delito), his spouse, ascendants, descendants,
based on real, imminent, or reasonable fear for one’s life or limb and
should not be speculative, fanciful, or remote fear. legitimate, natural or adopted brothers or sisters, or
relatives by affinity within the same degrees.
IRRESISTIBLE FORCE UNCONTROLLABLE
FEAR 6. That of having acted upon an impulse so powerful as to
The offender uses violence or The offender employs have produced passion or obfuscation.
physical force to compel intimidation or threat in

11
 CRIMINAL LAW
Based on the book of Luis B. Reyes
7. That the offender had voluntarily surrendered himself An alternative, child – appropriate process of determining the
to a person of authority or his agents, or that he had responsibility and treatment of a child in conflict with the law on the
voluntarily confessed his guilt before the court prior to basis of his/her social, cultural, economic, psychological, or educational
background without resulting to forma court proceedings.
the presentation of the evidence for the prosecution.

DIVERSION PROGRAM
8. That the offender is deaf and dumb, blind, or otherwise
The program that the child in conflict with the law is required to
suffering some physical defect which thus restricts his
undergo after he/she is found responsible for an offense without
means of action, defense, or communication with his resorting to forma court proceedings.
fellow beings.
OVER SEVENTY YEARS OLD
9. Such illness of the offender as would diminish the Only a generic mitigating circumstance
exercise of will – power of the offender without
however depriving him of consciousness of his acts. PARAGRAPH 3.
That the offender had no intention to commit so grave a wrong as
10. And, finally, any other circumstances of a similar nature that committed.
and analogous to those above – mentioned.
There is a notable and evident disproportion between the means
employed to execute the criminal act and its consequences.
CLASSES OF MITIGATING CIRCUMSTANCES
1. Ordinary Mitigating – 1 to 10
The mitigating circumstance that the offender had no intention to
2. Privileged Mitigating
commit so grave a wrong as that committed is based on the mind of the
a. Article 68
offender and must hence be proved by external acts.
b. Article 69
c. Article 65
PARAGRAPH 4.
That sufficient provocation or threat on the part of the offended
party immediately preceded the act.

PARAGRAPH 1.
Those mentioned in the preceding chapter, when all the requisites
PROVOCATION
necessary to justify the act or to exempt from criminal liability in
Any unjust or improper conduct or act of the offended party, capable of
the respective cases are not attendant.
exciting, inciting, or irritating anyone. Must at least amount to
something punishable by law.
CIRCUMSTANCES OF JUSTIFICATION OR EXEMPTION
WHICH MAY GIVE PLACE TO MITIGATION
REQUISITES
1. Self – defense
1. Provocation must be sufficient;
2. Defense of Relatives
3. Defense of Strangers
SUFFICIENT
4. State of Necessity
Adequate to excite a person to commit the wrong and must be
5. Performance of Duty
accordingly proportionate to its gravity.
6. Obedience to order of superior
a. Depends upon the act constituting the provocation;
7. Minority above 15 but below 18 years of age
b. The social standing of the person provoked;
8. Causing injury by mere accident
c. The place and time when the provocation was made.
9. Uncontrollable fear

2. That it must originate from the offended party; and

FOR JUSTIFYING CIRCUMSTANCES
3. That the provocation must be immediate to the act, i.e., to
Applies only when unlawful aggression is present, but the other two
the commission of the crime by the person who is provoked.
requisites are not present.

PARAGRAPH 5.
FOR EXEMPTING CIRCUMSTANCES
That the act was committed in the immediate vindication of a grave
If the minor acted with discernment, he is entitled to a mitigating
offense to the one committing the felony (delito), his spouse,
circumstance only.
ascendants, descendants, legitimate, natural or adopted brothers or
sisters, or relatives by affinity within the same degrees.
PARAGRAPH 2.
That the offender is under eighteen years of age or over seventy
REQUISITES
years. In the case of the minor, he shall be proceeded against in
1. That there be a grave offense done to the one committing the
accordance with the provisions of Article 80.
felony, his spouse, ascendants, descendants, legitimate,
natural or adopted brothers or sisters, or relatives by affinity
DIVERSION
within the same degree;

12
 CRIMINAL LAW
Based on the book of Luis B. Reyes
2. That the felony is committed in vindication of such grave Must arise from lawful Unlawful
offense. A lapse of time is allowed between the vindication sentiments
and the doing of the grave offense.
PASSION AND OBFUSCATION v. PROVOCATION
PROVOCATION VINDICATION PASSION AND PROVOCATION
Made directly to the person The grave offense may be OBFUSCATION
committing the felony committed also against the Produced by an impulse which Comes from injured party
offender’s relatives mentioned may be caused by provocation
by the law. Requires only that the influence Must immediately precede the
The cause that brought about the The offended party must have thereof lasts until the crime crime
provocation need not be a grave done a grave offense to the Loss of reason and self -control Loss of reason and self – control
offense offender or his relatives of the offender of the offender
It is necessary that the It may be proximate, which
provocation or threat admits of an interval of time PARAGRAPH 7.
immediately preceded the act; between the grave offense done That the offender had voluntarily surrendered himself to a person
that there is no interval of time by the offended party and the in authority or his agents, or that he had voluntarily confessed his
between the provocation and the commission of the crime by the guilt before the court prior to the presentation of the evidence for
commission of the crime. accused. the prosecution.

BASIS TO DETERMINE THE GRAVITY OF OFFENSE IN TWO MITIGATING CIRCUMSTANCES PROVIDED FOR IN
VINDICATION THIS PARAGRAPH
1. The social standing of the person 1. Voluntary surrender to a person in authority or his agents
2. The place 2. Voluntary confession of guilt before the court prior to the
3. The time when the insult was made. presentation of evidence for the prosecution

PARAGRAPH 6. REQUISITES OF VOLUNTARY SURRENDER

That of having acted upon an impulse so powerful as naturally to 1. That the offender had not been actually arrested
have produced passion or obfuscation. 2. That the offender surrendered himself to a person in
authority or to the latter’s agent
REQUISITES 3. That the surrender was voluntary.
1. The accused acted upon an impulse. The same must be spontaneous in such a manner that it shows the
2. The impulse must be so powerful that it naturally produced interest of the accused to surrender unconditionally to the authorities,
passion or obfuscation in him. either because he acknowledges his guilt or because he wishes to save
them the trouble and expenses necessarily incurred in his search and
THERE IS NO MITIGATING CIRCUMSTANCE WHEN capture.
1. The act is committed in a spirit of lawful sentiments
2. The act is committed in a spirit of revenge. PERSON IN AUTHORITY
One directly vested with jurisdiction, that is, a public officer who has
ELEMENTS the power to govern and execute the laws whether as an individual or
1. That there be an act, both unlawful and sufficient to produce as a member of some court or governmental corporation, board or
such a condition of mind commission.
2. That said act which produced the obfuscation was not far 1. Barrio captain or barangay chairman
removed from the commission of the crime by a 2. Chief of Police
considerable length of time, during which the perpetrator 3. Nurse
might recover his normal equity. 4. Mayor
5. Teacher
EXCITEMENT 6. Judge
The natural feeling of all persons engaged in a fight, especially those
who had received a beating, and the impulse in that state is not AGENT OF A PERSON IN AUTHORITY
considered in law so powerful as to produce obfuscation sufficient to A person, who, by direct provision of the law, or by the election or by
mitigate liability. appointment by competent authority, is charged with the maintenance
of public order and the protection and security of life and property and
PASSION AND OBFUSCATION v. IRRESISTIBLE FORCE any person who comes to the aid of persons in authority.
PASSION AND IRRESISTIBLE FORCE 1. Police officer
OBFUSCATION 2. Barangay tanod
Mitigating Exempting 3. BIR Agent
No irresistible force Requires physical force
Must come from the offender Must come from a third person WHEN IS SURRENDER VOLUNTARY
himself 1. Spontaneous
Emphasizes the idea of an inner impulse, acting without
external stimulus. The conduct of the accused, not his

13
 CRIMINAL LAW
Based on the book of Luis B. Reyes
intention alone, after the commission of the offense,
determines the spontaneity of the surrender. REQUISITES
a. He acknowledges his guilt 1. That the illness of the offender must diminish the exercise
b. He wishes to save them the trouble and expense of his will – power.
necessarily incurred in his search and capture. 2. That such illness should not deprive the offender of
consciousness of his acts.
REQUISITES OF PLEA OF GUILT
1. That the offender spontaneously confessed his guilt to the The foregoing legal provision refers only to diseases of pathological
crime charged state that trouble the conscience or will.
2. That the confession of guilt was made in open court, that is,
before the competent court that is to try the case PARAGRAPH 10.
3. That the confession of guilt was made prior to the And, finally, any other circumstance of a similar nature and
presentation of evidence for the prosecution. analogous to those above – mentioned.

CONDITIONAL PLEA OF GUILTY 1. Over 60 years old with failing sight

An accused may not enter a conditional plea of guilty in the sense that 2. Outraged feeling of owner of animal taken for ransom
he admits his guilt provided that a certain penalty be imposed upon him. 3. Outraged feeling of creditor
4. Impulse of jealous feeling
SEARCHING INQUIRY 5. Manifestations of Battered Woman Syndrome
Mandatory to be conducted in a plea of guilt to a capital offense 6. Esprit de Corps
1. Ascertain from the accused himself: 7. Voluntary restitution of stolen property
a. How he was brought into the custody of the law 8. Extreme poverty and necessity
b. Whether he had assistance of a competent counsel 9. Testifying for the prosecution
during the custodial and preliminary investigations 10. Restitution of malversation case
c. Under what conditions he was detained and interrogated
during the investigations. MITIGATING CIRCUMSTANCES WHICH ARE PERSONAL
2. Ask the defense counsel a series of questions as to whether TO THE OFFENDERS
he had conferred with, and completely explained to, the 1. Arise from the moral attributes of the offender
accused the meaning and consequences of his plea of guilt. 2. From his private relations with the offended party
3. Elicit information about the personality profile of the 3. From any other personal cause
accused.
4. Inform the accused of the exact length of imprisonment or CIRCUMSTANCES WHICH ARE NEITHER EXEMPTING
nature of the penalty under the law and certainty that he will NOR MITIGATING
serve such sentence. 1. Mistake in the blow
5. Inquire if the accused knows the crime with which he is 2. Mistake in the identity
charged and to fully explain to him the elements of the crime 3. Entrapment of the accused
which is the basis of his indictment. 4. The accused is over 18 years of age
6. All questions to be posed must be in a language known and 5. Performance of righteous action.
understood by the accused.
7. The trial judge must satisfy himself that the accused is truly Chapter Four
guilty. CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY

PARAGRAPH 8.
That the offender is deaf and dumb, blind or otherwise suffering ARTICLE 14
from some physical defect which thus restricts his means of action,
defense, or communication with his fellow beings. AGGRAVATING CIRCUMSTANCES. – The following are
aggravating circumstances:
DEAF AND DUMB
Accused must be unable to speak for himself
1. That advantage be taken by the offender of his public
position.
PHYSICAL DEFECT
His means to act, defend himself or communicate with his fellow beings
2. That the crime be committed in contempt of or with
are limited.
insult to the public authorities.
This paragraph does not distinguish between educated and uneducated
deaf – mute or blind persons. 3. That the aft be committed with insult or in disregard of
the respect due the offended party on account of his
PARAGRAPH 9. rank, age, or sex, or that it be committed in the dwelling
Such illness of the offender as would diminish the exercise of the of the offended party, if the latter has not given
will – power of the offender without however depriving him of provocation.
consciousness of his acts.

14
 CRIMINAL LAW
Based on the book of Luis B. Reyes
4. That the act be committed with abuse of confidence or
obvious ungratefulness.
5. That the crime be committed in the palace of the Chief
Executive, or in his presence, or where public
authorities are engaged in the discharge of their duties
or in a place dedicated to religious worship.
6. That the crime be committed in the nighttime or in an
uninhabited place, or by s band, whenever such
circumstances may facilitate the commission of the
offense.
Whenever there are more than three armed
malefactors shall have acted together in the
commission of an offense, it shall be deemed to have
been committed by a band.
7. That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic, or
other calamity or misfortune.
8. That the crime be committed with the aid of armed men
or persons who insure or afford impunity.
9. That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one
crime, shall have been previously convicted by final
judgment of another crime embraced in the same title
of this Code.
10. That the offender has been previously punished for an
offense to which the law attaches an equal or greater
penalty or for two or more crimes to which it attaches a
lighter penalty.
11. That the crime be committed in consideration of a price,
reward, or promise.
12. That the crime be committed by means of inundation,
fire, poison, explosion, stranding of a vessel or
intentional stranding thereto, derailment of a
locomotive, or by the use of any other artifice involving
great waste and ruin.
13. That the act be committed with evident premeditation.
14. That craft, fraud, or disguise be employed.
15. That advantage be taken of superior strength, or means
be employed to weaken the defense.
16. That the act be committed with treachery (alevosia).
15
There is treachery when the offender commits any of
the crimes against the person, employing means,
methods or forms in the execution thereof which tend
directly and specially to insure its execution, without
risk to himself arising from the defense which the
offended party might make.
17. That means be employed or circumstances brought
about which add ignominy to the natural effects of the
act.
18. That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance is effected
by a way not intended for that purpose.
19. That as a means to the commission of a crime a wall,
roof, floor, door, or window be broken.
20. That the crime be committed with the aid of persons
under fifteen years of age, or by means of motor vehicle,
airships, or other similar means.
21. That the wrong done in the commission of the crime be
deliberately augmented by causing other wrong not
necessary for its commission.
PARAGRAPH 1.
That advantage be taken by the offender of his public position.
The public offender must use the influence, prestige, or ascendancy of
his office.
CRIMES WHERE PUBLIC POSITION IS INTEGRAL TO THE
OFFENSE, THEREFORE, NOT AGGRAVATING
1. Malversation
2. Falsification of documents
3. Accessories
4. Crimes committed by public officers
If the accused could have committed the crime without the use of his
public office, it cannot be appreciated as an aggravating circumstance
under paragraph 1.
PARAGRAPH 2.
That the crime be committed in contempt of or with insult to the
public authorities.
REQUISITES
1. That the public authority is engaged in the exercise of his
functions
2. That he who is thus engaged in the exercise of his functions
3. The offender knows him to be a public authority
4. His presence has not prevented the offender from
committing the crime.
PUBLIC AUTHORITY
 CRIMINAL LAW
Based on the book of Luis B. Reyes
A public officer who is directly vested with jurisdiction, that is, a public Only pertains to the FEMALE SEX
officer who has the power to govern or execute laws.
There must be distinct evidence pertaining to the deliberate intent to
If a crime is committed against a public officer while he is in the insult the offended party on account of her sex.
performance of his public duty, the crime becomes DIRECT
ASSAULT and not under paragraph 2 since it was done directly against NOT APPLICABLE WHEN
the officer. 1. When the offender acted with passion or obfuscation
2. When there exists a relationship between the offender and
Knowledge that there is a public officer present is integral. Lack of the offended party
knowledge on the part of the offender means there is lack of intent to 3. When being a woman is indispensable to the crime
insult him. a. Parricide
b. Rape
Once the presence of the public officer is made known to the offender c. Abduction
and he continues with the commission of the crime then it shall be d. Seduction
considered an aggravating circumstance under paragraph 2.
DWELLING
PARAGRAPH 3. Must be a building or structure EXCLUSIVELY used for rest and
That the act be committed: comfort
1. With insult or in disregard of the respect due the
offended party on account of his (a) rank, (b) sex, or (c) Primarily because of the sanctity of privacy the law accords to one’s
sex, or dwelling place.
2. That it be committed in the dwelling of the offended
party, if the latter has not given provocation. AGGRAVATING CIRCUMSTANCES IN DWELLING
1. The abuse of confidence which the offended party reposed
These circumstances may be considered as singular or all together. in the offender by opening the door to him.
2. The violation of the sanctity of the home by trespassing
INSULT TO RANK, AGE OR SEX therein with violence or against the will of the owner.
Applicable only to crimes against persons or honor
PROOF
PROOF The evidence must clearly show that the defendant entered into the
There must be evidence that in the commission of the crime, the accused house of the deceased to attack him.
DELIBERATELY INTENDED to insult the rank, age or sex of the Provocation must not come from the offended party because then he
offended party. loses his right to the respect and consideration due to him in his own
home.
RANK
A high social position or standing such as those in the Armed Forces or PROVOCATION MUST BE
to the designation or title of distinction conferred upon an officer in 1. Given by the owner of the dwelling
order to fix his relative position in reference to other officers in matters 2. Sufficient
of PRIVILEGES, PRECEDENCE or COMMAND. 3. Immediate to the commission of the crime

RANK AGGRAVATING IN THE FF. CASES Can only be considered when there is a close relation between the
1. Killing of a staff sergeant by a corporal commission of the crime in the dwelling from whom the provocation
2. Killing of the Asst. Chief of Personnel transaction of the came.
CSC by a clerk
3. Murder by a pupil of his teacher It is not necessary that the accused should have actually entered the
4. Murder of a municipal mayor dwelling of the victim to commit the offense, it is enough that the victim
5. Murder of a city Chief – of – Police by the Chief of the Chief was attacked in his own home.
of Secret Service Division
6. Assault upon an RTC Judge by an MTC Judge DWELLING INCLUDES
7. Killing of a consul by a chancellor 1. Dependencies
8. Killing of an army general 2. The foot of the staircase
3. Enclosure under the house
AGE
Present when by reason of his age, the offended party can be the father NOT AGGRAVATING WHEN
of the offender. 1. When both parties are occupants of the same house
2. When robbery is committed by use of force upon things
This applies to TENDER AGE as well as OLD AGE. 3. In the crime of trespass to dwelling
4. When there is sufficient provocation from the owner
There must be deliberate intent to offend or insult on account of age. 5. When the dwelling where the crime was committed did not
belong to the offended party
SEX OF THE OFFENDED PARTY

16
 CRIMINAL LAW
Based on the book of Luis B. Reyes
6. When the crime was committed in the ground floor of a 2 –
story building despite the second floor being the abode. PARAGRAPH 6.
That the crime be committed
DWELLING CONSIDERED 1. In the nighttime, or
1. Rape in a dorm room 2. In an uninhabited place, or
2. Rape in paternal home 3. By a band, whenever such circumstance may facilitate
3. Temporary dwelling the commission of the crime.
4. While sleeping as guests, was shot in the house of another.
There is no absolute or general rule which would exclude the possibility
PARAGRAPH 4. of their being considered separately when their elements are distinctly
That the act be committed with perceived and can subsist independently, revealing a greater deal of
1. Abuse of confidence or perversity.
2. Obvious ungratefullness
AGGRAVATING WHEN
ABUSE OF CONFIDENCE 1. When it facilitated the commission of the crime
Must be a means of facilitating the crime; the culprit taking advantage 2. When especially sought for by the offender to insure the
of the offended party’s belief that the former would not abuse said commission of the crime
confidence. 3. When the offender took advantage of thereof for the purpose
of impunity.
REQUISITES
1. That the abused party had trusted the offender NIGHTTIME
2. That the offender abused such trust by committing a crime When because of the darkness of the night, the crime can be perpetrated
against the abused party unmolested, or interference can be avoided, or there would be a greater
3. That the abuse of confidence facilitated the commission of certainty in attaining the ends of the offender.
the crime.
If it appears that the accused took advantage of the darkness for the
ABUSE OF CONFIDENCE INHERENT IN FELONIES more successful consummation of his plans.
1. Malversation
2. Qualified theft NOT ESPECIALLY SOUGHT FOR WHEN
3. Qualified seduction 1. When the notion to commit the crime was conceived only
4. Estafa by means of conversion or misappropriation shortly before its commission
2. When the crime was committed at night upon a casual
Confidence between the two parties must be IMMEDIATE and encounter
PERSONAL.
PROOF
UNGRATEFULLNESS The prosecution must show that the accused purposely sought to
Unkindness when the offender receives benefits from the offended commit the crime at nighttime in order to facilitate the achievement of
party. It must be obvious, manifest and clear. his objectives or prevent discovery or evade capture.

PARAGRAPH 5. UNINHABITED PLACE

That the crime be committed in the Palace of the Chief Executive,
or in his presence, or where public authorities are engaged in the
discharge of their duties, or in a place dedicated to religious
worship.
PARAGRAPH 2 PARAGRAPH 5
In the performance of their duty In the performance of their duty
Occurs outside of their office Must be in their office when
committed
Public authority must not be the Public officer may be the
offended party offended party
If it is in the Malacanang palace or in a place dedicated for religious
worship, it is considered an aggravating circumstance regardless of
whether state, official or religious functions are being held or not.
One where there are no houses at all, a place at a consideable distance
from town, or where the houses are scattered at a great distance from
each other.
Not considered when the place where the crime was committed could
be seen and the voice of the deceased could be heard from a nearby
house.
Should be considered on whether or not in the place of the commission
of the crime there was a reasonable possibility of the victim receiving
help.
It is the nature of the place which is decisive; not the circumstances
thereby present.

The Chief Executive need not be in Malacanang or exercising his PROOF

duties, his presence alone is enough to constitute an aggravating The accused should have sought the solitude of the place in order to
circumstance. better attain his purpose.

For other public authorities, they must be in some performance of their BY A BAND
duties.

17
 CRIMINAL LAW
Based on the book of Luis B. Reyes
Whenever more than three armed malefactors shall have acted together 3. That both the first and second offenses are embraced in the
in the commission of an offense. same title of the RPC
4. That the offender is connected of the new offense.
All armed men, must be at least four in number, take a direct part in the
execution of the act constituting the crime. PARAGRAPH 10.
That the offender has been previously punished for an offense to
AGGRAVATING IN CRIMES which the law attaches an equal or greater penalty or for two or
1. Against persons more crimes to which attaches a lighter penalty.
2. Against property
3. Illegal detention REQUISITES
1. That the accused is on trial for an offense
PARAGRAPH 7. 2. That he previously served sentence for another offense to
That the crIme be committed on the occasion of a conflagration, which the law attaches an equal or greater penalty, or for
shipwreck, earthquake, epidemic or other calamity or misfortune. two or more crimes to which it attaches a lighter penalty than
that for the new offense.
REASON
Instead of aiding during a time of great calamity, adds to the suffering PRESENT WHEN
by taking advantage of misfortune. 1. When the penalty provided for by law for the previous
offense is equal to that for the new offense
PARAGRAPH 8. 2. When the penalty provided for by the law for the previous
That the crime be committed with the aid of offense is greater
1. Armed men, or 3. That he is convicted for the new offense.
2. Persons who insure or afford impunity.
RECIDIVISM REITERACION
REQUISITES It is enough that final judgment It is necessary that the offender
1. That the armed men or persons took part in the commission has been rendered in the first shall have served his sentence
of the crime directly or indirectly offense
2. That the accused availed himself of their aid and relied upon Requires that the offenses be Previous and subsequent
them when the crime was committed. embraced in the same title of the offenses need not be embraced
RPC in the same title of the Code
EXCEPTIONS Always taken into consideration Not always an aggravating
1. When both the attacking party and the party attacked were circumstance
equally armed
2. When the accused as well as those who cooperated with him FORMS OF REPETITION
as those who cooperated with him in the commission of the 1. Recidivism
crime acted under the same plan and same purpose. 2. Reiteracion or habituality
3. Multi – recidivism or habitual delinquency
AID OF ARMED MEN
Present if even one of the offenders merely relied on their aid, for actual HABITUAL DELINQUENCY
aid is not necessary. When a person, within a period of 10 years from the date of his release
or last conviction of serious or less serious physical injuries, robbery,
It is absorbed by employment if a band if there are 4 or more theft, estafa or falsification is found guilty of any of the said crimes for
malefactors. a third time or oftener.

4. Quasi – recidivism
Any person who shall commit a felony after having been convicted by
final judgment, before beginning to serve such sentence, or while
serving the same, shall be punished by the maximum period of the
penalty prescribed by the law for the new felony.
PARAGRAPH 9. PARAGRAPH 11.
That the accused is a recidivist. That the crime be committed in consideration of a price, reward or
promise.
RECIDIVIST
One who, at the time of his trial for one crime, shall have been There must be two or more principals
previously convicted by final judgment of another crime embraced in 1. The one who gives or offers the price or promise because he
the same title of this Code. directly induces the other to commit the crime
2. The one who accepts it because he commits the crime.
REQUISITES
1. That the offender be on trial for an offense PROOF
2. That he was previously convicted by final judgment of
another crime

18
 CRIMINAL LAW
Based on the book of Luis B. Reyes
The evidence must show that one of the accused used money or other
valuable consideration for the purpose of inducing another to perform
the deed.
The said inducement must be the primary consideration for the
commission of the crime.
It is not an aggravating circumstance by price or reward if there was no
previous promise of price even if it were given otherwise after the
commission of the crime.
PARAGRAPH 12.
That the crime be committed by means of inundation, fire, poison,
explosion, stranding of a vessel or intentional damage thereto,
derailment of a locomotive, or by use of any other artifice great
waste or ruin.
When another aggravating circumstance already qualifies the crime,
any of these aggravating circumstances shall be considered as generic
aggravating circumstance only.
PARAGRAPH 7 PARAGRAPH 12
The crime is committed on The crime is committed by
occasion of a calamity or means of any of such acts
misfortune. involving great waste or ruin.
PARAGRAPH 13.
That the act be committed with evident premeditation.
EVIDENT PREMEDITATION
Implies a deliberate planning of the act before executing it.
That the execution of the act that is criminal be preceded by cool
thought and reflection upon the resolutionto carry out the criminal
intent during the space of time sufficient to arrive at a calm judgment.
PROOF
There must be proof as to how and when the plan to kill was hatched or
what time elapsed before it was carried out.
PARAGRAPH 14.
That (1) craft, (2) fraud, or (3) disguise be employed.
This circumstance is characterized by intellectual and mental rather
than the physical means to which the criminal resorts to carry out his
design.
CRAFT
Involves the use of trickery intellectually or cunning on the part of the
accused. It is employed as a scheme in the execution of a crime.
FRAUD
Insidious words or machinations used to induce the victim to act in a
manner which would enable the offender to carry out his design.
DISGUISE
Resorting to any devise to conceal identity; contemplates a superficial
but somewhat effective disassembling to avoid identification.
PARAGRAPH 15.
19
That (1) advantage be taken of superior strength, or (2) means be
employed to weaken the defense.
TAKE ADVANTAGE OF SUPERIOR STRENGTH
To use purposely excessive force out of proportion to the means of
defense available to the person attacked.
NO ABUSE OF SUPERIOR STRENGTH WHEN
1. One who attacks another with passion or obfuscation
2. When a quarrel arose unexpectedly and the fatal blow was
struck at a time when the aggressor and his victim were
engaged against each other as man to man.
PROOF
There must be concrete evidence that the accused was physically
stronger and that they abused such authority.
ABUSE OF STRENGTH BY A BAND
Taking advantage by the At least 4 malefactors
culprits of their collective
strength to overpower the
opponent
MEANS EMPLOYED TO WEAKEN THE DEFENSE
1. Crimes against persons
2. Sometimes against property (robbery with physical injuries
or homicide)
PARAGRAPH 16.
That the act be committed with treachery (alevosia).
TREACHERY
When the offender commits any of the crimes against the person,
employing means, methods or forms in the execution thereof which
tend directly and specially to insure its execution, without risk to
himself arising from the defense which the offended party might make.
The qualifying circumstance of treachery may not be simply deduced
from presumption as it is necessary that the existence of this qualifying
or aggravating circumstance should be proven as fully as the crime itself
in order to aggravate the liability or penalty incurred by the culprit.
RULES REGARDING TREACHERY
1. Applicable only to crimes against persons
2. Means, methods or forms need not insure accomplishment
of crime
3. The mode of attack must be consciously adopted.
4. When the aggression is continuous, treachery must be
present at the beginning of the accused.
5. When the assault was not continuous, in that there was an
interruption, it is sufficient that treachery was present at the
moment the fatal blow was given.
WHEN TREACHERY CANNOT BE CONSIDERED
Treachery cannot be appreciated where there is nothing in the record to
show that the accused had pondered on the mode or method used to
insure the killing of the deceased or remove or diminish any risk to
himself that might arise from the defense that the deceased might make,
as when his decision to shoot the victim is sudden, brought about by a
stinging provocation from the latter.
CHARACTERISTIC AND UNMISTAKABLE OF TREACHERY
 CRIMINAL LAW
Based on the book of Luis B. Reyes
Deliberate, sudden and unexpected attack WHERE BREAKING OF DOOR OR WINDOW IS LAWFUL
Rule 113, Section 11 (Revised Rules on Criminal Procedure)
REQUISITES Rule 126, Section 17
1. That at the time of the attack, the victim was not in a position
to defend himself; PARAGRAPH 20.
2. That the offender consciously adopted the particular means, That the crime be committed (1) with the aid of persons under
method or form of attack employed by him. fifteen years of age, or (2) by means of motor vehicles, airships, or
other similar means.
TREACHERY v. ABUSE OF SUPERIOR STRENGTH v. MEANS
EMPLOYED TO WEAKEN THE DEFENSE (1) With the aid of persons under fifteen years of age
MEANS Tends to repress, so far as possible, the frequent practice resorted to by
ABUSE OF
EMPLOYED TO professional criminals to avail themselves of minors in taking
TREACHERY SUPERIOR
WEAKEN THE advantage of their irresponsibility.
STRENGTH
DEFENSE
Means, methods or The offender does The offender, like in This has been amended by RA 9344 to persons under eighteen years of
forms of attack are not employ means, treachery, employs age.
employed by the methods or forms of mean but the means
offender to make it attack; he only takes employed only This becomes an aggravating circumstance only when the child had not
impossible or hard advantage of his materially weakens acted with discernment.
for the offended superior strength. the resisting power
party to put up any of the offended (2) By means of motor vehicles, airships, or other similar
form of resistance. party. means.
Intended to counteract the great facilities found by modern criminals in
WHEN THERE IS CONSPIRACY said means to commit crime and flee and abscond the same is
Treachery should be considered against all person participating or committed.
cooperating in the perpetration of the crime, except when there is no
conspiracy among them. PARAGRAPH 21.
That the wrong done in the commission of the crime be deliberately
PARAGRAPH 17. augmented by causing other wrong necessary for its commission.
That means be employed or circumstances brought about which
add ignominy to the natural effects of the act. CRUELTY
When the culprit enjoys and delights in making his victim suffer slowly
IGNOMINY and gradually, causing him unnecessary physical pain in the
A circumstance pertaining to moral order, which adds disgrace and commission of the criminal act.
obloquy to the material injury caused by the crime.
For cruelty to be aggravating, it is essential that the wrong done was
APPLICABLE AGAINST intended to prolong the suffering of the victim, causing him
1. Crimes against chastity unnecessary moral and physical pain.
2. Less serious physical injuries
3. Light coercion The evidence must show that the sadistic culprit, for his pleasure and
satisfaction, caused the victim to suffer slowly and gradually.
PARAGRAPH 18.
That the crime be committed after an unlawful entry. REQUISITES
1. That the injury caused be deliberately increased by causing
UNLAWFUL ENTRY other wrong;
When an entrance is effected by a way not intended for the purpose. 2. That the other wrong be unnecessary for the execution of the
purpose of the offender.
REASON FOR AGGRAVATION
One who acts, not respecting the walls erected by men to guard their CRUELTY CANNOT BE PRESUMED
property and provide for their safety, shows a greater perversity, a Cruelty is not to be inferred from the fact that the deceased was
greater audacity. dismembered, in the absence of proof that this was done while the
victim was still alive.
TRESPASS TO DWELLING IGNOMINY v. CRUELTY
It is committed when a private individual shall enter the dwelling of IGNOMINY CRUELTY
another against the latter’s will and may be committed by means of Moral suffering Physical suffering
violence.
BASES OF AGGRAVATING CIRCUMSTANCES
PARAGRAPH 19. 1 Means used to secure the commission of the crime
That as a means to the commission of a crime, a wall, roof, floor, 2 His lack of respect to public authority
door, or window be broken.

20
 CRIMINAL LAW
Based on the book of Luis B. Reyes
3 The personal circumstances of the offended party and the Robbery Theft Where the offended
place of the commission of the crime Usurpation Swindling party is a relative of a
4 Means and ways employed Fraudulent Malicious mischief higher degree than
5 The place of the commission of the crime which must be insolvency the offender
respected Arson
6 Time and place of the commission of the crime and means
and ways employed 2. Intoxication
7 Time of the commission of the crime MITIGATING AGGRAVATING
8 Means and ways of committing the crime If intoxication is not habitual If intoxication is habitual
9 His inclination to crimes Intoxication is not subsequent to If it is intentional where the
10 His inclination to crimes the plan to commit a felony offender drinks liquor fully
11 Motivating power itself knowing its effects to find it as
12 Means and ways employed a stimulant to commit a crime or
13 Ways of committing the crime a means to suffocate any
14 Means employed in the commission of the crime remorse.
15 Means employed
HABITUAL DRUNKARD
16 Means and ways employed
One given to intoxication by excessive use of intoxicating drinks. The
17 Means employed
habit should be actual and confirmed. It is unnecessary that it be a
18 Means and ways employed
matter of daily occurrence. It lessens individual resistance to evil
19 Means and ways employed
thought and undermines will – power making its victim a potential evil
20 Means and ways employed
– doer.
21 Ways employed
3. Degree of instruction and education of the offender
Chapter Five
ALTERNATIVE CIRCUMSTANCES Title Two
PERSONS CRIMINALLY LIABLE FOR FELONIES
ARTICLE 15
ARTICLE 16
THEIR CONCEPT. – Alternative circumstances are those which
must be taken into consideration as aggravating or mitigating WHO ARE CRIMINALLY LIABLE. – The following are criminally
according to the nature and effects of the crime and the other liable for grave and less grave felonies:
conditions attending its commission. They are the relationship,
intoxication, and the degree of instruction and education of the 1. Principals
offender. 2. Accomplices
3. Accessories.
The alternative circumstance of relationship shall be taken into
consideration when the offended party is the spouse, ascendant, The following are criminally liable for light felonies:
descendant, legitimate, natural, or adopted brother or sister, or 1. Principals
relative by affinity in the same degree of the offender. 2. Accomplices.

The intoxication of the offender shall be taken into consideration

RULES RELATIVE TO LIGHT FELONIES
as a mitigating circumstance when the offender has committed a
1. Light felonies are punishable only when they have been
felony in a state of intoxication, if the same is not habitual or consummated.
subsequent to the plan to commit said felony; but when the 2. But when light felonies are committed against persons or
intoxication is habitual or intentional, it shall be considered as an property, they are punishable even if they are only in the
aggravating circumstance. attempted or frustrated stage of execution.
3. Only principals and accomplices are liable for light felonies.
ALTERNATIVE CIRCUMSTANCES 4. Accessories are not liable for light felonies, even if they are
1. Relationship committed against persons or property.
a. Spouse
b. Ascendant ACTIVE SUBJECT – The criminal
c. Descendant Only natural persons can be the active subject of the crime because of
d. Legitimate, natural, or adopted brother or sister, or the highly personal nature of criminal responsibility.
e. Relative by affinity in the same degree of the offender.
PASSIVE SUBJECT – The injured party
MITIGATING EXEMPTING AGGRAVATING
OFFICERS, NOT THE CORPORATION, ARE CRIMINALLY
LIABLE

21
 CRIMINAL LAW
Based on the book of Luis B. Reyes
A corporation can act only through its officers or incorporators, and that b. By uncontrollable fear
as regards a violation of the law committed by an officer of a 2. By directly inducing another to commit a crime
corporation, in the exercise of his duties, he answers criminally for his a. By giving price, or offering reward or promise
acts, and not the corporation to which he belongs, for being an artificial b. By using words of command
person, it cannot be prosecuted criminally. i. That the one uttering the words of command must
have the intention of procuring the commission of
ARTICLE 17 the crime
ii. That the one who made the command must have an
ascendancy or influence over the person who acted
PRINCIPALS. – The following are considered principals: iii. That the words used must be so direct, so efficacious,
so powerful as to amount to physical or moral
1. Those who take a direct part in the execution of the act; coercion
2. Those who directly force or induce others to commit it. iv. The words of command must be uttered prior to the
3. Those who cooperate in the commission of the offense commission of the crime
by another act without which it would not have been v. The material executor of the crime has no personal
accomplished. reason to commit the crime.

PRINCIPAL v. CO – CONSPIRATOR REQUISITES

While the former’s criminal liability is limited to his own acts, as a 1. That the inducement be made directly with the intention
general rule, the latter’s responsibility includes the acts of his fellow of procuring the commission of the crime
conspirators. There must exist on the part of the inducer the most positive resolution
and the most persistent effort to secure the commission of the crime,
PARAGRAPH 1. together with the presentation to the person induced of the very
Principals by direct participation strongest kind of temptation to commit the crime.

Personally takes part in the execution of the act constituting the crime 2. That such inducement be the determining cause of the
commission of the crime by the material executor.
TWO OR MORE OFFENDERS AS PRINCIPALS BY DIRECT Inducement exists if the command or advice is of such nature that,
PARTICIPATION without its occurrence, the crime would not have materialized.

1. That they participated in the criminal resolution PRINCIPAL BY INDUCEMENT v. OFFENDER WHO MADE
Two or more persons are said to have participated in the criminal PROPOSAL TO COMMIT A FELONY
resolution when they were in conspiracy at the time of the commission PRINCIPAL BY OFFENDER WHO MADE
of the crime. INDUCEMENT PROPOSAL TO COMMIT
A FELONY
In order to hold an accused guilty as co – principal by reason of There is inducement to commit There is inducement to commit
conspiracy, it must be established that he performed an overt act in the a crime a crime
furtherance of the conspiracy, either by actively participating in the PBI only becomes liable when Mere proposal is punishable in
actual commission of the crime or, by lending moral assistance to his the PDP commits the crime treason or rebellion.
co – conspirators by being present at the scene of the crime, or by Involves any crime Only in treason or rebellion
exerting moral ascendancy over the rest of the conspirators as to move
them to executing the conspiracy. EFFECT OF ACQUITTAL OF PRINCIPAL BY DIRECT
PARTICIPATION UPON THE LIABILITY OF PRINCIPAL BY
2. That they carried out their plan and personally took part INDUCEMENT
in its execution by acts which directly tend to the same 1. Conspiracy is negatived by the acquittal of co – defendant.
end. 2. One cannot be held guilty of having instigated the
This means that he must be at the scene of the commission of the crime, commission of a crime without first being shown that the
personally taking part in its execution. crime has been actually committed by another.

If the second requisite is lacking, at most, there is only a conspiracy PARAGRAPH 3.

among the several defendants who participated in the criminal
resolution, and if the crime they agreed and decided to commit is not
treason, rebellion or sedition, they are not criminally liable.
PARAGRAPH 2.
Principals by induction
Those who directly induce others to commit the act.
TWO WAYS OF BECOMING PRINCIPAL BY INDUCTION
1. By directly forcing another to commit a crime
a. By using irresistible force
Principals by indispensable cooperation
Those who cooperate in the commission of the offense by another act
without which it would not have been accomplished.
COOPERATE
To desire or wish in common a thing
REQUISITES
1. Participation in the criminal resolution, that is, there is
anterior conspiracy or unity of criminal purpose and

22
 CRIMINAL LAW
Based on the book of Luis B. Reyes
intention immediately before the commission of the crime supplying material or moral aid in the execution of the crime
charged in an efficacious way
2. Cooperation in the commission of the offense by performing a. By previous acts
another act, without which it would not have been b. By simultaneous acts
accomplished.
MORAL
COLLECTIVE CRIMINAL RESPONSIBILITY Through advice, encouragement or agreement
When the offenders are criminally liable in the same manner and to the
same extent. The penalty to be imposed must be the same for all. MATERIAL
Through external acts
ARTICLE 18
3. That there be a relation between the acts done by the
principal and those attributed to the person charged as
ACCOMPLICES. – Accomplices are the persons who, not being accomplice.
included in Article 17, cooperate in the execution of the offense
by previous or simultaneous acts. ACCOMPLICE v. PRINCIPAL BY DIRECT PARTICIPATION
ACCOMPLICE PRINCIPAL BY DIRECT
ACCOMPLICE PARTICIPATION
One who does not take a direct part in the commission of the act, who There is community of design There is community of design
does not force or induce others to commit it, or who does not cooperate No conspiracy There must be conspiracy
in the commission of the crime by another act which it would not have
been accomplished, yet cooperates in the execution of the act by ARTICLE 19
previous or simultaneous actions.

QUASI – COLLECTIVE CRIMINAL RESPONSIBILITY ACCESSORIES. – Accessories are those who, having knowledge or
Some of the offenders in the crime are principals and the others are commission of the crime, and without having participated
accomplices. therein, either as principals or accomplices, take part subsequent
to its commission in any of the following manners:
In case of doubt, the participation of the offender will be considered that
of an accomplice rather than that of a principal. 1. By profiting themselves or assisting the offender to
profit by the effects of the crime;
An accomplice does not enter into a conspiracy with the principal by 2. By concealing or destroying the body of the crime or the
direct participation. He does not have previous agreement or effects or instruments thereof, in order to prevent its
understanding with the principal to commit a crime, but he participates discovery;
to a certain point in the common criminal design.
3. By harboring, concealing, or assisting in the escape of
the principal of the crime, provided the accessory acts
CONSPIRATORS v. ACCOMPLICES
with abuse of his public functions or whenever the
CONSPIRATORS ACCOMPLICES
author of the crime is guilty of treason, parricide,
Knows and agrees with the Knows and agrees with the
murder, or an attempt to take the life of the Chief
criminal design criminal design
Executive, or is known to be habitually guilty of some
They have decided upon such Comes to know about it after the
course of action principals have reached a other crime.
decision
They decide that a crime should Merely concurs and cooperates ACCESSORY
be committed in the accomplishment of the Does not participate in the criminal design, nor cooperate in the
plan commission of the felony, but, with knowledge of the commission of
Authors of the crime Merely instruments who the crime, he subsequently takes part by:
perform acts not essential to the 1. Profiting from the effects of the crime
perpetration of the offense. 2. Concealing the body, effects or instruments of the crime in
order to prevent its discovery
REQUISITES 3. Assisting in the escape or concealment of the principal of
1. That there be community of design; that is, knowing the the crime, provided he acts with abuse of his public
criminal design of the principal by direct participation, he functions or the principal is guilty of treason, parricide,
concurs with the latter in his purpose murder, or an attempt to take the life of the Chief Executive,
a. When the principal informs or tells the accomplice of the or is known to be habitually guilty of some other crime.
former’s criminal purpose
b. When the accomplice saw the criminal acts of the HAVING KNOWLEDGE
principal An accessory must have knowledge of the commission of the crime,
2. That he cooperates in the execution of the offense by and having that knowledge, he took part subsequent to its commission.
previous or simultaneous acts, with the intention of

23
 CRIMINAL LAW
Based on the book of Luis B. Reyes
SUSPICION 6. Must be equal for all;
Being the imagination of the existence of something without proof, or 7. Must be correctional.
upon very slight evidence, or upon no evidence at all. THEORIES JUSTIFYING PENALTIES

SPECIFIC ACTS OF ACCESSORIES 1. Prevention

1. By profiting themselves or assisting the offender to profit The State must punish the criminal to prevent or suppress the danger to
the effects of the crime the State arising from the criminal acts of the offender.
2. By concealing or destroying the body of the crime to prevent
its discovery 2. Self – defense
The State has a right to punish the criminal as a measure of self –
ARTICLE 20 defense so as to protect society from the threat and wrong inflicted by
the criminal.

ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILITY. – 3. Reformation

The penalties prescribed for accessories shall not be imposed The object of punishment in criminal cases is to correct and reform the
upon those who are such with respect to their spouses, offender.
ascendants, descendants, legitimate, natural, and adopted
brothers or sisters, or by relatives within the same degrees, with 4. Exemplarity
the single exception of accessories falling within the provisions The criminal is punished to serve as an example to deter others from
of paragraph 1 of the next preceding article. committing crimes.

GROUND FOR EXEMPTION 5. Justice

Ties of blood and the preservation of the cleanliness of one’s name, That crime must be punished by the State as an act of retributive justice,
which compels one to conceal crimes committed by relatives so near as a vindication of absolute right and moral law violated by the criminal.
those mentioned in the article.
THREE – FOLD PURPOSE
PRINCIPALS RELATED TO ACCESSORIES EXEMPT FROM 1. Retribution or expiation
CRIMINAL LIABILITY 2. Correction or reformation
1. Spouse; 3. Social defense
2. Ascendant;
3. Descendant; or ARTICLE 21
4. Legitimate, natural or adopted brother, sister, or relative by
affinity within the same degree. PENALTIES THAT MAY BE IMPOSED. -No felony shall be
punishable by any penalty not prescribed by law prior to its
LIABILITY OF PUBLIC OFFICER WHEN RELATED TO
commission.
PRINCIPAL
Such a public officer does not incur any criminal liability. Ties of blood
or relationship constitutes a more powerful incentive than the call of BASIS
duty. An act or omission cannot be punished by the State if at the time it was
committed there was no law prohibiting it, because a law cannot be
rationally obeyed unless it is first shown, and a man cannot be expected
Title Three
to obey an order that has not been given.
PENALTIES

ARTICLE 22
Chapter One
PENALTIES IN GENERAL
RETROACTIVE EFFECTS OF PENAL LAWS. – Penal laws shall have
a retroactive effect in so far as they favor a person guilty of a
PENALTY
felony, who is not a habitual criminal, as this term is defined in
The suffering that is inflicted by the State for the transgression of a law.
Rule 5 of Article 62 of this Code, although at the time of the
It signifies pain; especially considered in the juridical sphere, it means
publication of such laws a final sentence has been pronounced
suffering undergone, because of the action of human society, by one
who commits a crime. and the convict is serving the same.

DIFFERENT JURIDICAL CONDITIONS OF PENALTY NOT APPLICABLE TO THE PROVISIONS OF THE REVISED
1. Must be productive of suffering, without however affecting PENAL CODE
the integrity of the human personality; 1. To penal laws existing prior to the RPC, in which the penalty
2. Must be commensurate with the offense was less severe than those of the Code
3. Must be personal; 2. To laws enacted subsequent to the RPC, in which the penalty
4. Must be legal; is more favorable to the accused.
5. Must be certain;
GENERAL RULE

24
 CRIMINAL LAW
Based on the book of Luis B. Reyes
To give criminal laws prospective effect. MEASURES OF PREVENTION OR SAFETY WHICH ARE NOT
CONSIDERED PENALTIES. – The following shall not be considered
as penalties.
EXCEPTION
To give retroactive effect when favorable to the accused
1. The arrest and temporary detention of accused
persons, as well as their detention by reason of insanity
REASON FOR THE EXCEPTION
or imbecility, or illness requiring their confinement in a
The sovereign, in enacting a subsequent penal law more favorable to
hospital.
the accused, has recognized that the greater severity of the former law
is unjust. The sovereign would be inconsistent if it would still enforce
its right under conditions of the former law, which has already been 2. The commitment of a minor to any of the institutions
regarded by conscientious public opinion as juridically burdensome. mentioned in Article 80 and for the purposes specified
therein.
FAVORABLE RETROACTIVE EFFECT OF A NEW LAW MAY
FIND THE DEFENDANT IN ONE OF THESE 3 SITUATIONS 3. Suspension from the employment or public office
1. The crime has been committed and prosecution begins; during the trial or in order to institute proceedings.
2. Sentence has been passed but service has not begun;
3. The sentence is being carried out. 4. Fines and other corrective measures which, in the
exercise if their administrative or disciplinary powers,
ARTICLE 22 ARTICLE 366 superior officials may impose upon their subordinates.
Unless such laws shall be Acts committed prior to the
unfavorable to the accused promulgation of the RPC shall 5. Deprivation of rights and the reparations which the civil
which will make the RPC be punishable under the laws of
law may establish in penal form.
provisions applicable. the time of its commission.

CRIMINAL LIABILITY UNDER THE REPEALED LAW These are not penalties, because they are not imposed as a result of
SUBSISTS WHEN judicial proceedings.
1. The provisions of the former law are reenacted;
2. The repeal is by implication; and Chapter Two
3. There is a saving clause. CLASSIFICATION OF PENALTIES

ARTICLE 23 ARTICLE 25

EFFECT OF PARDON BY THE OFFENDED PARTY. – A pardon by the PENALTIES WHICH MAY BE IMPOSED. – The penalties which may
offended party does not extinguish criminal action except as be imposed, according to this Code, and their different classes,
provided in Article 334 of this Code; but civil liability with regard are those included in the following:
to the interest of the injured party is extinguished by his express
waiver. SCALE
PRINCIPAL PENALTIES
Even if the injured party already pardoned the offender, the fiscal can
still prosecute the offender. Such pardon by the offended party is not Capital punishment:
even a ground for the dismissal of the complaint or information. Death

BASIS Afflictive penalties:

A crime committed is an offense against the State. Reclusion perpetua
Reclusion temporal
EXCEPTIONS
Perpetual or temporary absolute disqualification
1. Adultery and Concubinage if he shall have consented or
Perpetual or temporary special disqualification
pardoned the offenders
Prision mayor
2. Seduction
3. Abduction
4. Rape Correctional penalties:
5. Acts of Lasciviousness Prision correccional
Arresto mayor
ARTICLE 24 Suspension
Destierro

Light penalties:
Arresto menor

25
 CRIMINAL LAW
Based on the book of Luis B. Reyes
Public censure shall be considered an afflictive penalty, if it exceeds 6,000 pesos;
a correctional penalty, if it does not exceed 6,000 pesos but is not
Penalties common to the three preceding classes: less than 200 pesos; and a light penalty, if it be less than 200
Fine, and pesos.
Bond to keep the peace.
Minimum – ½ of the crime
ACCESSORY PENALTIES Medium – ¾ of the crime
Maximum – Full amount
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification Amended by RA 10951
Suspension from public office, the right to vote and be voted for,
the profession or calling FINE IS
Civil interdiction 1. Afflictive – exceeds 1.2 million
Indemnification 2. Correctional – 40,000 to 1.2 million
3. Light – less than 40,000
Forfeiture or confiscation of instruments and proceeds of the
offense
Payment of cost.
RA 9346
Prohibited the imposition of the death penalty. BOND TO KEEP THE BOND FOR GOOD
PEACE BEHAVIOR
LIFE IMPRISONMENT RECLUSION PERPETUA Posted by the offender to any or Applicable only to grave and
Does not have any definite Imprisonment for at least 30 all crimes as imposed by the light threats
extent or duration years after which the accused Judge
becomes eligible for pardon.
Does not carry with it any Perpetual special
Chapter Three
accessory penalty disqualification
DURATION AND EFFECT OF PENALTIES

PRINCIPAL PENALTIES
Those expressly imposed by the court in the judgment of conviction. Section One. – Duration of Penalties

ACCESSORY PENALTIES
ARTICLE 27
Those that are deemed included in the imposition of the principal
penalties.
RECLUSION PERPETUA. – The penalty of reclusion perpetua shall
ACCORDING TO THEIR DIVISIBILITY be from twenty years and one day to forty years.
1. Divisible
Those that have fixed duration and are divisible into three periods. RECLUSION TEMPORAL. – The penalty of reclusion temporal shall
be from twelve years and one day to twenty years.
2. Indivisible
Those which have no fixed duration PRISION MAYOR AND TEMPORARY DISQUALIFICATION. – The
duration of the penalties of prision mayor and temporary
ACCORDING TO THEIR SUBJECT MATTER disqualification shall be from six years and one day to twelve
1. Corporal
years, except when the penalty of disqualification is imposed as
2. Deprivation of freedom
an accessory penalty, its duration shall be that of the principal
3. Restriction of freedom
penalty.
4. Deprivation of rights
5. Pecuniary
PRISION CORRECCIONAL, SUSPENSION, AND DESTIERRO. – The
ACCORDING TO THEIR GRAVITY duration of the penalties of prision correccional, suspension, and
1. Capital destierro shall be from six months and one day to six years,
2. Afflictive except when suspension is imposed as an accessory penalty, in
3. Correctional which case, its duration shall be that of the principal penalty.
4. Light
ARRESTO MAYOR. – The duration of the penalty of arresto mayor
ARTICLE 26 shall he from one month and one day to six months.

ARRESTO MENOR. – The duration of the penalty of arresto menor

FINE – WHEN AFFLICTIVE, CORRECTIONAL, OR LIGHT PENALTY. –
shall be from one day to thirty days.
A fine, whether imposed as a single or as an alternative penalty,

26
 CRIMINAL LAW
Based on the book of Luis B. Reyes
His service of sentence shall commence from the date of promulgation
BOND TO KEEP THE PEACE. – The bond to keep the peace shall be of the decision of the appellate court, not from the date of judgment of
required to cover such period of time as the court may the trial court was promulgated.
determine.
ARTICLE 29

Reclusion perpetua 20 years and 1 day to 40 years

Reclusion temporal 12 years and 1 day to 20 years PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM
Prision mayor and TERM OF IMPRISONMENT. – Offenders or accused who have
temporary 6 years and 1 day to 12 years undergone preventive imprisonment shall be credited in the
disqualification service of their sentence consisting of deprivation of liberty, with
Prision correccional, the full time during which they have undergone preventive
6 months and 1 day to 6 years
suspension and destierro imprisonment if the prisoner agrees voluntarily in writing to
Arresto mayor 1 month and 1 day to 6 months abide by the same disciplinary rules imposed upon convicted
Arresto menor 1 day to 30 days prisoners, except in the following cases:
The period during which the bond
Bond to keep the peace shall be effective is discretionary 1. When they are recidivists, or have been convicted
upon the court. previously twice or more times of any crime; and
2. When upon being summoned for the execution of their
CASES WHEN DESTIERRO IS IMPOSED
sentence, they have failed to surrender voluntarily.
1. Serious physical injuries or death under exceptional
circumstances
If the detention prisoner does not agree to abide by the same
2. In case of failure to give bond for good behavior
disciplinary rules imposed upon convicted prisoners, he shall be
3. As a penalty for the concubine in concubinage
credited in the service of his sentence with four – fifths of the
4. In cases where after reducing the penalty by one or more
degrees destierro is the proper penalty. time during which he has undergone preventive imprisonment.

Whenever an accused has undergone preventive imprisonment

ARTICLE 28
COMPUTATION OF PENALTIES. – If the offender shall be in prison,
the term of the duration of the temporary penalties shall be
computed from the day on which the judgment of conviction
shall have become final.
If the offender be not in prison, the term of duration of the
penalty consisting of deprivation of liberty shall be computed
from the day that the of offender is placed at the disposal of the
judicial authorities for the enforcement of the penalty. The
duration of the other penalties shall be computed from the day
on which the defendant commences to serve his sentence.
RULES FOR THE COMPUTATION OF PENALTIES
1. When the offender is in prison
The duration of temporary penalties is from the day on which the
judgment of conviction becomes final
2. When the offender is not in prison
The duration of penalty consisting in deprivation of liberty, is from the
day that the offender is placed at the disposal of judicial authorities for
the enforcement of the penalty.
for a period equal to or more than the possible maximum
imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be released
immediately without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the same is under review.
In case the maximum penalty to which the accused may be
sentenced is destierro, he shall be released after thirty (30) days
of preventive imprisonment.
PREVENTIVE IMPRISONMENT
When the offense charged is nonbailable, or even if bailable, he cannot
furnish the required bail.
If the detention prisoner agrees voluntarily in writing to abide by the
same disciplinary rules imposed upon convicted prisoners, the full time
of which they have undergone preventive imprisonment shall be
credited in the service of their sentence.
OFFENDERS NOT ENTITLED TO THE FULL TIME OR FOUR
– FIFTHS OF THE TIME OF PREVENTIVE IMPRISONMENT
1. Recidivists or those convicted previously twice or more
times of any crime including habitual delinquents.
2. Those who, upon being summoned for the execution of their
sentence, failed to surrender voluntarily.

3. The duration of other penalties Section Two. – Effects of the Penalties according to their
The duration is from the day on which the offender commences to serve Respective Nature
his sentence.

4. Accused who has in custody appealed ARTICLE 30

27
 CRIMINAL LAW
Based on the book of Luis B. Reyes
EFFECTS OF THE PENALTIES OF PERPETUAL OR TEMPORARY
ABSOLUTE DISQUALIFICATION. – The penalties of perpetual or
temporary absolute disqualification for public office shall
produce the following effects:
1. The deprivation of the public offices and employments
which the offender may have held, even if conferred by
popular election.
2. The deprivation of the right to vote in any election for
any popular elective office or to be elected to such
office.
3. The disqualification for the offices or public
employments and for the exercise of any of the rights
mentioned.
In case of temporary disqualification, such
disqualification as is comprised in paragraphs 2 and 3 of
this Article shall last during the term of the sentence.
4. The loss of all rights to retirement pay or other pension
for any office formerly held.
ARTICLE 31
EFFECTS OF THE PENALTIES OF PERPETUAL OR TEMPORARY
SPECIAL DISQUALIFICATION. – The penalties of perpetual or
temporary special disqualification for public office, profession, or
calling shall produce the following effects:
1. The deprivation of the office, employment, profession,
or calling affected.
2. The disqualification for holding similar offices or
employments either perpetually or during the term of
the sentence, according to the extent of such
disqualification.
OUTLINE OF PENALTIES UNDER ARTICLES 30 to 35
ARTICLE 32
1.
EFFECTS OF THE PENALTIES OF PERPETUAL OR TEMPORARY
SPECIAL DISQUALIFICATION FOR THE EXERCISE OF THE RIGHT OF
SUFFRAGE. – The perpetual or temporary special disqualification
for the exercise of the right of suffrage shall deprive the offender
perpetually or during the term of the sentence, according to the
nature of said penalty, of the right to vote in any popular election
for any public office or to be elected to such office. Moreover,
the offender shall not be permitted to hold any public office
2.
during the period of his disqualification.
ARTICLE 33
EFFECTS OF THE PENALTIES OF SUSPENSION FROM ANY PUBLIC
OFFICE, PROFESSION, OR CALLING, OR THE RIGHT OF SUFFRAGE.
28
– The suspension from public office, profession, or calling, and
the exercise of the right of suffrage shall disqualify the offender
from holding such office or exercising such profession or calling
or right of suffrage during the term of the sentence.
The person suspended from holding public office shall not hold
another having similar functions during the period of his
suspension.
ARTICLE 34
CIVIL INTERDICTION. – Civil interdiction shall deprive the
offender during the time of his sentence of the rights of parental
authority, or guardianship, either as to the person or property of
any ward, of marital authority, of the right to manage his
property, and of the right to dispose of such property by any act
or any conveyance inter vivos.
ARTICLE 35
EFFECTS OF BOND TO KEEP THE PEACE. – It shall be the duty of
any person sentenced to give bond to keep the peace, to present
two sufficient sureties who shall undertake that such person will
not commit the offense sought to be prevented, and that in case
such offense be committed they will pay the amount determined
by the court in its judgment, or otherwise to deposit such amount
in the office of the clerk of the court to guaranty said
undertaking.
The court shall determine, according to its discretion, the period
of duration of the bond.
Should the person sentenced fail to give the bond as required he
shall be detained for a period which shall in no case exceed six
months, if he shall have been prosecuted for a grave or less grave
felony, and shall not exceed thirty days, if for a light penalty.
Perpetual or temporary absolute disqualification for
public office
a. Deprivation of public offices and employments, even if
by election.
b. Deprivation of right to vote or to be elected.
c. Disqualification for the offices or public employments
and for the exercise of any of the rights mentioned.
d. Loss of right to retirement pay or pension for any office
formerly held.
Perpetual or temporary special disqualification for
public office, profession or calling
a. Deprivation of office, employment, profession or calling
affected.
b. Disqualification for holding similar offices or
employments perpetually or during the term of the
sentence.
 CRIMINAL LAW
Based on the book of Luis B. Reyes
3. Perpetual or temporary disqualification for the exercise
of the right of suffrage LIMITATIONS UPON THE EXERCISE OF THE PARDONING
a. Deprivation of the right to vote or to be elected to any POWER
public office 1. That the power can be exercised only after conviction
b. Cannot hold any public office during the period of 2. That such power does not extend to cases of impeachment.
disqualification
PARDON GRANTED IN GENERAL TERMS
4. Suspension from public office, profession or calling or When the principal penalty is remitted by pardon, only the effect of that
the right of suffrage penalty is extinguished, but not the accessory penalties attached to it.
a. Disqualification from holding such office or exercising
such profession or calling or right of suffrage during the EXCEPTION
term of the sentence When an absolute pardon is granted after the term of imprisonment has
b. If suspended from public office, the offender cannot expired, it removes all that is left of the consequences of conviction.
hold another office having similar functions during the
period of suspension. PARDON OF CHIEF EXECUTIVE v. PARDON BY THE
OFFENDED PARTY
5. Civil interdiction PARDON OF CHIEF PARDON BY OFFENDED
a. Deprivation of the rights of parental authority or EXECUTIVE PARTY
guardianship of any ward Extinguishes criminal liability Criminal liability of the
b. Deprivation of marital authority of the offender offender is not extinguished
c. Deprivation of the right to manage his property and of Cannot include civil liability May be waived by the offended
the right to dispose of such property by any act or any party
conveyance inter vivos. Granted only after conviction Pardon should be given before
and may be extended to any of the institution of the criminal
6. Bonds to keep the peace the offenders. prosecution and must be
a. The offender must present two sufficient sureties who extended to all offenders
shall undertake that the offender will not commit the
offense sought to be prevented, and that in case such
ARTICLE 37
offense be committed they will pay the amount
determined by the court; or
b. The offender must deposit such amount with the clerk of COSTS – WHAT ARE INCLUDED. – Costs shall include fees and
court to guarantee said undertaking; or indemnities in the course of the judicial proceedings, whether
c. The offender may be detained, if he cannot give the they be fixed or unalterable amounts previously determined by
bond, for a period not to exceed 6 months if prosecuted law or regulations in force, or amounts not subject to schedule.
for grave or less grave felony, or for a period not to
exceed 30 days, if for a light penalty.
COSTS ARE CHARGEABLE TO THE ACCUSED IN CASE OF
CONVICTION
ARTICLE 36 Costs which are expenses of litigation are chargeable to the accused
only in cases of conviction. In cases of acquittal, the costs are de officio,
PARDON; ITS EFFECTS. – A pardon shall not work the restoration each party bearing his own expense.
of the right to hold public office, or the right of suffrage, unless
The payment of costs is a matter that rests entirely upon the discretion
such rights be expressly restored by the terms of the pardon.
of the courts.

A pardon shall in no case exempt the culprit from the payment

ARTICLE 38
of the civil indemnity imposed upon him by the sentence.

KINDS OF PARDON PECUNIARY LIABILITIES – ORDER OF PAYMENT. – In case the

1. Simple Pardon property of the offender should not be sufficient for the payment
2. Absolute Pardon of all his pecuniary liabilities, the same shall be met in the
3. Conditional Pardon following order:

EFFECTS OF PARDON BY THE PRESIDENT 1. The reparation of the damage caused.

1. It shall not restore the right to hold public office or the right
of suffrage. 2. Indemnification of the consequential damages.

EXCEPTION 3. The fine.

a. When any or both such rights is or are expressly restored
by the terms of the pardon.
4. The costs of the proceedings.
2. It shall not exempt the culprit from the payment of the civil
indemnity.

29
 CRIMINAL LAW
Based on the book of Luis B. Reyes
It is applicable in case the property of the offender should not be
sufficient for the payment of all his pecuniary liabilities.
Courts can disregard the order of payment.
ARTICLE 39
SUBSIDIARY PENALTY. If the convict has no property with which
to meet the fine mentioned in paragraph 3 of the next preceding
Article, he shall be subject to a subsidiary personal liability at the
rate of one day for each eight pesos, subject to the following
rules:
1. If the principal penalty imposed be prision correccional
or arresto mayor and fine, he shall remain under
confinement until his fine referred in the preceding
paragraph is satisfied, but his subsidiary imprisonment
shall not exceed one-third of the term of the sentence,
and in no case shall it continue for more than one year,
and no fraction or part of a day shall be counted against
the prisoner.
2. When the principal penalty imposed be only a fine, the
subsidiary imprisonment shall not exceed six months, if
the culprit shall have been prosecuted for a grave or less
grave felony, and shall not exceed fifteen days, if for a
light felony.
3. When the principal penalty imposed is higher than
prision correccional no subsidiary imprisonment shall
be imposed upon the culprit.
4. If the principal penalty imposed is not to be executed by
confinement in a penal institution, but such penalty is
of fixed duration, the convict, during the period of time
established in the preceding rules, shall continue to
suffer the same deprivations as those of which the
principal penalty consists.
5. The subsidiary personal liability which the convict may
have suffered by reason of his insolvency shall not
relieve him from the fine in case his financial
circumstances should improve.
SUBSIDIARY PERSONAL LIABILITY
To be suffered by the convict who has no property with which to meet
the fine, at the rate of one day for each highest minimum wage at the
time of the final judgment, subject to the rules provided for in Article
39.
RULES AS TO SUBSIDIARY IMPRISONMENT
1. If the penalty imposed is prision correccional or arresto and
fine – subsidiary imprisonment, not to exceed 1/3 of the term
of the sentence, and in no case continue for more than one
year. Fraction or part of a day, not counted.
2. When the penalty imposed is fine only – subsidiary
imprisonment, not to exceed 6 months, if the culprit is
30
prosecuted for grave or less grave felony, and not to exceed
15 days, if prosecuted for light felony.
3. When the penalty imposed is higher than prision
correccional – no subsidiary imprisonment.
4. If the penalty imposed is not to be executed by confinement,
but of fixed duration – subsidiary penalty shall consist in the
same deprivations as those of the principal penalty, under
the same rules as in Nos. 1, 2, and 3 above.
5. In case the financial circumstances of the convict should
improve, he shall pay the fine, notwithstanding the fact that
the convict suffered subsidiary personal liability therefor.
The convict has to continue the subsidiary personal liability even if he
has served his sentence.
Section Three. – Penalties in which Other Penalties are Inherent
ARTICLE 40
DEATH – ITS ACCESSORY PENALTIES. – The death penalty, when
it is not executed by reason of commutation or pardon shall carry
with it that of perpetual absolute disqualification and that of civil
interdiction during thirty years following the date of sentence,
unless such accessory penalties have been expressly remitted in
the pardon.
Currently suspended
ARTICLE 41
RECLUSION PERPETUA AND RECLUSION TEMPORAL – THEIR
ACCESSORY PENALTIES. – The penalties of reclusion perpetua
and reclusion temporal shall carry with them that of civil
interdiction for life or during the period of the sentence as the
case may be, and that of perpetual absolute disqualification
which the offender shall suffer even though pardoned as to the
principal penalty, unless the same shall have been expressly
remitted in the pardon.
1. Civil interdiction for life or during the sentence
2. Perpetual absolute disqualification, unless expressly
remitted in the pardon of the principal penalty.
ARTICLE 42
PRISION MAYOR – ITS ACCESSORY PENALTIES. – The penalty of
prision mayor shall carry with it that of temporary absolute
disqualification and that of perpetual special disqualification
from the right of suffrage which the offender shall suffer
although pardoned as to the principal penalty, unless the same
shall have been expressly remitted in the pardon.
1. Temporary absolute disqualification
2. Perpetual special disqualification from suffrage, unless
expressly remitted in the pardon of the principal penalty.
 CRIMINAL LAW
Based on the book of Luis B. Reyes
ARTICLE 43
PRISION CORRECCIONAL – ITS ACCESSORY PENALTIES. – The
penalty of prision correccional shall carry with it that of
suspension from public office, from the right to follow a
profession or calling, and that of perpetual special
disqualification from the right of suffrage, if the duration of said
imprisonment shall exceed eighteen months. The offender shall
suffer the disqualification provided in this article although
pardoned as to the principal penalty, unless the same shall have
been expressly remitted in the pardon.
1. Suspension from public office, profession or calling
2. Perpetual special disqualification from suffrage, if the
duration of imprisonment exceeds 18 months, unless
expressly remitted in the pardon of the principal penalty.
ARTICLE 44
ARRESTO – ITS ACCESSORY PENALTIES. – The penalty of arresto
shall carry with it that of suspension of the right to hold office
and the right of suffrage during the term of the sentence.
1. Suspension of the right to hold office
2. Suspension of the right of suffrage during the term of the
sentence
ARTICLE 45
CONFISCATION AND FORFEITURE OF THE PROCEEDS OR
INSTRUMENTS OF THE CRIME. – Every penalty imposed for the
commission of a felony shall carry with it the forfeiture of the
proceeds of the crime and the instruments or tools with which it
was committed.
Such proceeds and instruments or tolls shall be confiscated and
forfeited in favor of the Government, unless they be the property
of a third person not liable for the offense, but those articles
which are not subject of lawful commerce shall be destroyed.
OUTLINE OF THE PROVISION
1. Every penalty imposed carries with it the forfeiture of the
proceeds of the crime and the instruments or tools used in
the commission of the crime.
2. The proceeds and instruments or tools of the crime are
confiscated and forfeited in favor of the Government.
3. Property of a third person not liable for the offense is not
subject to the confiscation and forfeiture.
4. Property not subject of lawful commerce, regardless of
whom it belongs to, shall be destroyed.
Forfeiture of the proceeds or the instruments of the crime cannot be
ordered if the accused is acquitted, because no penalty is imposed.
Chapter Four
31
APPLICATION OF PENALTIES
Section One. – Rules for the application of penalties to persons
criminally liable and for the graduation of the same.
ARTICLE 46
PENALTY TO BE IMPOSED UPON PRINCIPALS IN GENERAL. – The
penalty prescribed by law for the commission of a felony shall be
imposed upon the principals in the commission of such felony.
Whenever the law prescribes a penalty for a felony in general
terms, it shall be understood as applicable to the consummated
felony.
PENALTY PRESCRIBED IN GENERAL TERMS
1. Upon the principal
2. For consummated felony
EXCEPTION
1. When the penalty to be imposed upon the principal in
frustrated or attempted felony is fixed by law.
GRADUATION OF PENALTIES BY DEGREES
Refers to the stages of execution and to the degree of criminal
participation of the offender.
DIVISION OF DIVISIBLE PENALTY
Refers to the proper period of the penalty which should be imposed
when aggravating or mitigating circumstances attend the commission
of the crime.
ARTICLE 47
IN WHAT CASES THE DEATH PENALTY SHALL NOT BE IMPOSED;
AUTOMATIC REVIEW OF DEATH PENALTY CASES. – The death
penalty shall be imposed in all cases in which it must be imposed
under existing laws, except when the guilty person is below (18)
years of age at the time of the commission of the crime or is more
than seventy years of age or when upon appeal or automatic
review of the case by the Supreme Court, the required majority
vote is not obtained for the imposition of the death penalty, in
which cases the penalty shall be reclusion perpetua.
In all cases where the death penalty is imposed by the trial court,
the records shall be forwarded to the Supreme Court for
automatic review and judgment by the court en banc, within
twenty (20) days but not earlier than fifteen (15) days after
promulgation of the judgment or notice of denial of any motion
for new trial or reconsideration. The transcript shall also be
forwarded within ten (10) days after filing thereof by the
stenographic reporter.
Suspended
ARTICLE 48
 CRIMINAL LAW
Based on the book of Luis B. Reyes

PENALTY FOR COMPLEX CRIMES. – When a single act constitutes A continued crime is not a complex crime, because the offender in
two or more grave or less grave felonies, or when an offense is a continued or continuous crime does not perform a single act, but a series
necessary means for committing the other, the penalty for the of acts, and one offense is not a necessary means for committing the
other.
most serious crime shall be imposed, the same to be applied in
its maximum period.
TRANSITORY CRIME
The criminal action may be instituted and tried in the court of the
TWO KINDS OF COMPLEX CRIMES municipality, city or province wherein any of the essential ingredients
1. Compound Crime thereof took place.
When a single act constitutes two or more grave or less grave felonies
REAL OR MATERIAL PLURALITY v. CONTINUED CRIME
REQUISITES OF COMPOUND CRIME REAL OR MATERIAL CONTINUED CRIME
1. That only a single act is performed by the offender PLURALITY
2. That the single act produces Each act performed by the The different acts constitute
a. Two or more grave felonies offender constitutes a separate only one crime because all of
b. One or more grave felonies and one or more less grave crime, because each act is the acts performed arise from
felonies generated by a criminal impulse one criminal resolution.
c. Two or more less grave felonies.

ARTICLE 49
2. Complex Crime Proper
When an offense is a necessary means for committing the other.
PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE
REQUISITES OF COMPLEX CRIME CRIME COMMITTED IS DIFFERENT FROM THAT INTENDED. – In
1. That at least two offenses are committed cases in which the felony committed is different from that which
2. That one or some of the offenses must be necessary to the offender intended to commit, the following rules shall be
commit the other observed.
3. That both or all the offenses must be punished under the
same statute.
1. If the penalty prescribed for the felony committed be
higher than that corresponding to the offense which the
SINGLE PENALTY FOR SPECIAL COMPLEX CRIMES
accused intended to commit, the penalty corresponding
1. Robbery with homicide
2. Robbery with rape to the latter shall be imposed in its maximum period.
3. Kidnapping with serious physical injuries
4. Kidnapping with murder or homicide 2. If the penalty prescribed for the felony committed be
5. Rape with homicide lower than that corresponding to the one which the
accused intended to commit, the penalty for the former
PLURALITY OF CRIMES shall be imposed in its maximum period.
Consists in the successive execution by the same individual of different
criminal acts upon any of which no conviction has yet been declared. 3. The rule established by the next preceding paragraph
shall not be applicable if the acts committed by the
KINDS OF PLURALITY OF CRIMES guilty person shall also constitute and attempt or
frustration of another crime, if the law prescribes a
1. Formal or ideal plurality higher penalty for either of the latter offense, in which
There is but one criminal liability in this kind of plurality.
case the penalty provided for the attempt or the
a. When the offender commits any of the complex crimes
frustrated crime shall be imposed in the maximum
defined in Article 48 of the Code.
period.
b. When the law specifically fixes a single penalty for two
or more offenses committed.
c. When the offender commits continued crimes.
ARTICLE 49 v. ARTICLE 48
2. Real or material plurality ARTICLE 49 ARTICLE 48
There are different crimes in law as well as in the conscience of the The lesser penalty is to be The penalty for the more or
offender. imposed, to be applied in the most serious crime shall be
maximum period imposed, the same to be
CONTINUED (CONTINUOUS OR CONTINUING) CRIME imposed in its maximum period.
A single crime, consisting of a series of acts but all arising from one
criminal resolution. ARTICLE 50

Although there is a series of acts, there is only one crime committed.

Hence, only one penalty shall be imposed.

32
 CRIMINAL LAW
Based on the book of Luis B. Reyes
PENALTY TO BE IMPOSED UPON PRINCIPALS OF A FRUSTRATED
CRIME. – The penalty next lower in degree than that prescribed
by law for the consummated felony shall be imposed upon the
principals in a frustrated felony.
DIAGRAM OF THE APPLICATION OF ARTICLES 50 to 57
Consummated Frustrated Attempted
Principals 0 1 2
Accomplices 1 2 3
Accessories 2 3 4
EXCEPTIONS TO THE RULES ESTABLISHED IN ARTICLE
50 to 57
They shall not apply to cases where the law expressly prescribes the
penalty for a frustrated or attempted felony, or to be imposed upon
accomplices or accessories.
BASES FOR THE DETERMINATION OF THE EXTENT OF
PENALTY TO BE IMPOSED
1. The stage reached by the crime in its development
2. The participations therein of the persons liable
3. The aggravating or mitigating circumstances which attended
the commission of the crime.
DEGREE IN RELATION TO PENALTY
A degree is one entire penalty, one whole penalty or one unit of the
penalties enumerated in the graduated scales provided for in Article 71.
PERIOD
One of the three equal portions, called minimum, medium, and
maximum, of a divisible penalty.
ARTICLE 51
PENALTY TO BE IMPOSED UPON PRINCIPALS OF ATTEMPTED
CRIME. – The penalty lower by two degrees than that prescribed
by law for the consummated felony shall be imposed upon the
principals in an attempt to commit a felony.
ARTICLE 52
PENALTY TO BE IMPOSED UPON ACCOMPLICES IN A
CONSUMMATED CRIME. – The penalty next lower in degree than
that prescribed by law for the consummated felony shall be
imposed upon the accomplices in the commission of a
consummated felony.
ARTICLE 53
PENALTY TO BE IMPOSED UPON ACCESSORIES TO THE
COMMISSION OF A CONSUMMATED FELONY. – The penalty
lower by two degrees than that prescribed by law for the
consummated felony shall be imposed upon the accessories to
the commission of a consummated felony.
33
ARTICLE 54
PENALTY IMPOSED UPON ACCOMPLICES IN A FRUSTRATED
CRIME. – The penalty next lower in degree than that prescribed
by law for the frustrated felony shall be imposed upon the
accomplices in the commission of a frustrated felony.
ARTICLE 55
PENALTY TO BE IMPOSED UPON ACCESSORIES OF A FRUSTRATED
CRIME. – The penalty lower by two degrees than that prescribed
by law for the frustrated felony shall be imposed upon the
accessories to the commission of a frustrated felony.
ARTICLE 56
PENALTY TO BE IMPOSED UPON ACCOMPLICES IN AN
ATTEMPTED CRIME. – The penalty next lower in degree than that
prescribed by law for an attempt to commit a felony shall be
imposed upon the accomplices in an attempt to commit the
felony.
ARTICLE 57
PENALTY TO BE IMPOSED UPON ACCESSORIES OF AN
ATTEMPTED CRIME. – The penalty lower by two degrees than
that prescribed by law for the attempt shall be imposed upon the
accessories to the attempt to commit a felony.
ARTICLE 58
ADDITIONAL PENALTY TO BE IMPOSED UPON CERTAIN
ACCESSORIES. – Those accessories falling with the terms of
paragraph 3 of Article 19 of this Code wo should act with abuse
of their public functions, shall suffer the additional penalty of
absolute perpetual disqualification if the principal offender shall
be guilty of a grave felony, and that of absolute temporary
disqualification if he shall be guilty of a less grave felony.
ADDITIONAL PENALTIES FOR PUBLIC OFFICERS
1. Absolute perpetual disqualification, if the principal offender
is guilty of a grave felony.
2. Absolute temporary disqualification, if the principal
offender is guilty of less grave penalty.
ARTICLE 59
PENALTY TO BE IMPOSED IN CASE OF FAILURE TO COMMIT THE
CRIME BECAUSE THE MEANS EMPLOYED OR THE AIMS SOUGHT
ARE IMPOSSIBLE. – When the person intending to commit an
 CRIMINAL LAW
Based on the book of Luis B. Reyes
offense has already performed the acts for the execution of the
same but nevertheless the crime was not produced by reason of
the fact that the act intended was by its nature one of impossible
accomplishment or because the means employed by such person
are essentially inadequate to produce the result desired by him,
the court, having in mind the social danger and the degree of
criminality shown by the offender, shall impose upon him the
penalty of arresto mayor or a fine ranging from 200 to 500 pesos.
BASIS FOR IMPOSITION OF PENALTY
1. Social danger
2. The degree of criminality shown by the offender.
ARTICLE 60
EXCEPTIONS TO THE RULES ESTABLISHED IN ARTICLES 50 TO 57.
– The provisions contained in Articles 50 to 57, inclusive, of this
Code shall not be applicable to cases in which the law expressly
prescribed the penalty provided for a frustrated or attempted
felony, or to be imposed upon accomplices or accessories.
ACCOMPLICE, PUNISHED AS PRINCIPAL
1. Article 346
2. Article 268
ACCESSORY, PUNISHED AS PRINCIPAL
Knowingly concealing certain evil practices
ACCESSORIES PUNISHED WITH ONE DEGREE LOWER
1. Article 162
2. Article 168
3. Article 173, par. 2
4. Article 173, par. 3
ARTICLE 61
RULES FOR GRADUATING PENALTIES. – For the purpose of
graduating the penalties which, according to the provisions of
Articles 50 to 57, inclusive, of this Code, are to be imposed upon
persons guilty as principals of any frustrated or attempted
felony, or as accomplices or accessories, the following rules shall
be observed:
1. When the penalty prescribed for the felony is single and
indivisible, the penalty next lower in degrees shall be
that immediately following that indivisible penalty in
the respective graduated scale prescribed in Article 71
of this Code.
2. When the penalty prescribed for the crime is composed
of two indivisible penalties, or of one or more divisible
penalties to be impose to their full extent, the penalty
next lower in degree shall be that immediately following
the lesser of the penalties prescribed in the respective
graduated scale.
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3. When the penalty prescribed for the crime is composed
of one or two indivisible penalties and the maximum
period of another divisible penalty, the penalty next
lower in degree shall be composed of the medium and
minimum periods of the proper divisible penalty and the
maximum periods of the proper divisible penalty and
the maximum period of that immediately following in
said respective graduated scale.
4. When the penalty prescribed for the crime is composed
of several periods, corresponding to different divisible
penalties, the penalty next lower in degree shall be
composed of the period immediately following the
minimum prescribed and of the two next following,
which shall be taken from the penalty prescribed, if
possible; otherwise from the penalty immediately
following in the above mentioned respective graduated
scale.
5. When the law prescribes a penalty for a crime in some
manner not especially provided for in the four preceding
rules, the courts, proceeding by analogy, shall impose
corresponding penalties upon those guilty as principals
of the frustrated felony, or of attempt to commit the
same, and upon accomplices and accessories.
INDIVISIBLE PENALTIES
1. Death
2. Reclusion perpetua
3. Public censure
DIVISIBLE PENALTIES
1. Reclusion temporal down to arresto menor
SIMPLIFIED RULES
1. If the penalty prescribed by the Code consists in three
periods, corresponding to the different divisible penalties,
the penalty next lower in degree is the penalty consisting in
the three periods down in the scale.
2. If the penalty prescribed by the Code consists in two periods,
the penalty next lower in degree is the penalty consisting in
two periods down in the scale.
3. If the penalty prescribed by the Code consists only in one
period, the penalty next lower in degree is the next period
down in the scale.
4. If the given penalty is composed of one, two or three
periods, the penalty next lower in degree should begin where
the given penalty ends, because, otherwise, if it were to skip
over intermediate ones, it would be lower but not next lower
in degree.
5. To lower a penalty by one degree, it is necessary to keep a
distance of one whole penalty or one unit of the penalties in
Article 71 between one degree and another.
 CRIMINAL LAW
Based on the book of Luis B. Reyes
Section Two. – Rules for the application of penalties with regard
to the mitigating and aggravating circumstances, and habitual
delinquency.
ARTICLE 62
EFFECT OF THE ATTENDANCE OF MITIGATING OR AGGRAVATING
CIRCUMSTANCES AND OF HABITUAL DELINQUENCY. – Mitigating
or aggravating circumstances and habitual delinquency shall be
taken into account for the purpose of diminishing or increasing
the penalty in conformity with the following rules:
1. Aggravating circumstances which in themselves
constitute a crime specially punishable by law or which
are included by the law in defining a crime and
prescribing the penalty therefor shall not be taken into
account for the purpose of increasing the penalty.
2. The same rule shall apply with respect to any
aggravating circumstance inherent in the crime to such
a degree that it must of necessity accompany the
commission thereof.
3. Aggravating or mitigating circumstances which arise
from the moral attributes of the offender, or from his
private relations with the offended party, or from any
other personal cause, shall only serve to aggravate or
mitigate the liability of the principals, accomplices and
accessories as to whom such circumstances are
attendant.
4. The circumstances which consist in the material
execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate the
liability of those persons only who had knowledge of
them at the time of the execution of the act or their
cooperation therein.
5. Habitual delinquency shall have the following effects:
(a) Upon a third conviction the culprit shall be sentenced
to the penalty provided by law for the last crime of
which he be found guilty and to the additional penalty
of prision correccional in its medium and maximum
periods;
(b) Upon a fourth conviction, the culprit shall be
sentenced to the penalty provided for the last crime
of which he be found guilty and to the additional
penalty of prision mayor in its minimum and medium
periods; and
(c) Upon a fifth or additional conviction, the culprit shall
be sentenced to the penalty provided for the last
crime of which he be found guilty and to the
additional penalty of prision mayor in its maximum
period to reclusion temporal in its minimum period.
Notwithstanding the provisions of this article, the total of the
two penalties to be imposed upon the offender, in conformity
herewith, shall in no case exceed 30 years.
For the purpose of this article, a person shall be deemed to be
habitual delinquent, is within a period of ten years from the date
35
of his release or last conviction of the crimes of serious or less
serious physical injuries, robo, hurto, estafa or falsification, he is
found guilty of any of said crimes a third time or oftener.
EFFECT OF THE ATTENDANCE OF AGGRAVATING OR
MITIGATING CIRCUMSTANCES OR OF HABITUAL
DELINQUENCY
1. Aggravating circumstances (generic and specific) have the
effect of increasing the penalty, without however, exceeding
the maximum provided by law.
2. Mitigating circumstances have the effect of diminishing the
penalty.
3. Habitual delinquency has the effect, not only of increasing
the penalty because of recidivism which is generally implied
in habitual delinquency, but also of imposing an additional
penalty.
PARAGRAPH 1.
Aggravating circumstances which in themselves constitute a crime
specially punishable by law or which are included in by the law in
defining a crime and prescribing the penalty therefor shall not be
taken into account for the purpose of increasing the penalty.
a. When in the commission of the crime, advantage was taken
by the offender of his public position, the penalty to be
imposed shall in its maximum regardless of mitigating
circumstances.
The maximum penalty shall be imposed if the offense was
committed by any person who belongs to an organized /
syndicated crime group.
An organized / syndicated crime group means a group of two
or more persons collaborating, confederating or mutually
helping one another for purposes of gain in the commission
of the crime.
WHEN MAXIMUM PENALTY SHALL BE IMPOSED
1. When in the commission of the crime, advantage was taken
by the offender of his public position;
2. If the offense was committed by any person who belongs to
an organized / syndicated crime group.
PARAGRAPH 2.
The same rule shall apply with respect to any aggravating
circumstance inherent in the crime to such a degree that it must of
necessity accompany the commission thereof.
The same rules applies with respect to aggravating circumstances which
are inherent in the crime.
PARAGRAPH 3.
Aggravating or mitigating circumstances which arise from the
moral attributes of the offender, or from his private relations with
the offended party, or from any other personal cause, shall only
serve to aggravate or mitigate the liability of the principals,
 CRIMINAL LAW
Based on the book of Luis B. Reyes
accomplices and accessories as to whom such circumstances are
attendant.
AGGRAVATING OR MITIGATING CIRCUMSTANCES ARISE
FROM
1. The moral attributes of the offender;
2. From his private relations with the offended party; or
3. From any other personal cause, serve to aggravate or
mitigate the liability of the principals, accomplices and
accessories as to whom such circumstances are attendant.
PARAGRAPH 4.
The circumstances which consist in the material execution of the
act, or in the means employed to accomplish it, shall serve to
aggravate or mitigate the liability of those persons only who had
knowledge of them at the time of the execution of the act or their
cooperation therein.
SHALL ONLY SERVE AS AC OR MC ONLY WHEN
Those who shall be liable had knowledge of them at the time of the
execution of the act or their cooperation therein.
1. In the material execution of the act; or
2. In the means employed to accomplish it
CIRCUMSTANCES ATTENDING THE COMMISSION OF THE
CRIME
1. To the persons participating in the same; or
Do not affect all the participants in the crime, but only those whom they
particularly apply.
2. To its material execution, or to the means employed.
Have a direct bearing upon the criminal liability of all the defendants
who have knowledge thereof at the time of the commission of the crime,
or of their cooperation therein.
PARAGRAPH 5.
Habitual delinquency shall have the following effects:
(a) Upon a third conviction the culprit shall be sentenced to
the penalty provided by law for the last crime of which
he be found guilty and to the additional penalty of
prision correccional in its medium and maximum
periods;
(b) Upon a fourth conviction, the culprit shall be sentenced
to the penalty provided for the last crime of which he be
found guilty and to the additional penalty of prision
mayor in its minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be
sentenced to the penalty provided for the last crime of
which he be found guilty and to the additional penalty of
prision mayor in its maximum period to reclusion
temporal in its minimum period.
HABITUAL DELINQUENT
If within a period of ten years from the date of his last release or
conviction of the crimes of serious or less serious physical injuries,
robo, hurto, estafa or falsification, he is found guilty of any of the said
crimes a third time or oftener.
REQUISITES
36
1. That the offender had been convicted of any of the crimes
of serious or less serious physical injuries, robbery, theft,
estafa or falsification;
2. That after that conviction or after serving his sentence, he
again committed, and, within 10 years from his release or
first conviction, he was again convicted of any of the said
crimes for the second time; and
3. That after his conviction of, or after serving sentence for, the
second offense, he again committed, and within 10 years
from his last release or last conviction, he was again
convicted of any of the said offenses, a third time or oftener.
ADDITIONAL PENALTY FOR HABITUAL DELINQUENCY
1. Upon a third conviction
The penalty provided for by law for the last crime of which he is found
guilty and to the additional penalty of prision correccional in its medium
and maximum periods.
2. Upon a fourth conviction
The additional penalty of prision mayor in its minimum and medium
periods.
3. Upon a fifth or additional conviction
The additional penalty of prision mayor in its minimum period to
reclusion temporal in its minimum period.
TOTAL PENALTIES NOT TO EXCEED 30 YEARS
1. The penalty for the last crime of which he is found guilty;
and
2. The additional penalty for being a habitual delinquent.
IN THE INFORMATION MUST BE ALLEGED
1. The dates of the commission of the previous crime
2. The date of the last conviction or release
3. The dates of the other previous convictions or releases.
RULINGS ON HABITUAL DELINQUENCY
1. Ten – year period computed either from last conviction or
last release.
2. Ten – year period is counted to the date of commission of
subsequent offense, but to the date of conviction thereof in
relation to the date of his last release or last conviction.
3. When an offender has committed several crimes mentioned
in the definition of habitual delinquent, without being first
convicted of any of them before committing the others, he
is not a habitual delinquent.
4. Convictions on the same day or about the same time are
considered as one only.
5. Crimes committed on the same date, although convictions
on different dates, are considered only as one.
6. Previous convictions are considered every time a new
offense is committed.
7. The commission of any of those crimes need not be
consummated.
8. Habitual delinquencies apply to accomplices and
accessories.
9. If one crime was committed during the minority of the
offender, such crime should not be considered for the
purpose of treating him as a habitual offender, because the
proceedings of that crime were suspended.
 CRIMINAL LAW
Based on the book of Luis B. Reyes
10. The imposition of the additional penalty prescribed by law
for habitual delinquents is mandatory.
11. Modifying circumstances applicable to additional penalty.
12. Habitual delinquency is not a crime.
13. Penalty for habitual delinquency is a real penalty that
determines jurisdiction.
14. A habitual delinquent is necessarily a recidivist.
15. But in imposing the additional penalty, recidivism is not
aggravating because inasmuch as recidivism is a qualifying
or inherent circumstance in habitual delinquency, it cannot
be considered an aggravating circumstance at the same time.
Consequently, the additional penalty to be imposed upon the
accused must be the minimum of that prescribed by law as,
with the exception of recidivism, no other circumstance or
fact justifying the imposition of said penalty in a higher
period has been present.
ARTICLE 63
RULES FOR THE APPLICATION OF INDIVISIBLE PENALTIES. – In all
cases in which the law prescribes a single indivisible penalty, it
shall be applied by the courts regardless of any mitigating or
aggravating circumstances that may have attended the
commission of the deed.
In all cases in which the law prescribes a penalty composed of
two indivisible penalties, the following rules shall be observed in
the application thereof:
1. When in the commission of the deed there is present
only one aggravating circumstance, the greater penalty
shall be applied.
2. When there are neither mitigating nor aggravating
circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied.
3. When the commission of the act is attended by some
mitigating circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied.
4. When both mitigating and aggravating circumstances
attended the commission of the act, the court shall
reasonably allow them to offset one another in
consideration of their number and importance, for the
purpose of applying the penalty in accordance with the
preceding rules, according to the result of such
compensation.
OUTLINE OF THE RULES
1. When the penalty is single indivisible, it shall be applied
regardless of any mitigating or aggravating circumstance.
2. When the penalty is composed of two indivisible penalties,
the following rules shall be observed:
a. When there is only one aggravating circumstance, the
greater penalty shall be imposed.
b. When there is neither mitigating not aggravating
circumstances, the lesser penalty shall be imposed.
c. When there is a mitigating circumstance and no
aggravating circumstance, the lesser penalty shall be
imposed.
37
d. When both mitigating and aggravating circumstances
are present, the court shall allow them to offset one
another.
ARTICLE 64
RULES FOR THE APPLICATION OF PENALTIES WHICH CONTAIN
THREE PERIODS. – In cases in which the penalties prescribed by
law contain three periods, whether it be a single divisible penalty
or composed of three different penalties, each one of which
forms a period in accordance with the provisions of Articles 76
and 77, the court shall observe for the application of the penalty
the following rules, according to whether there are or are not
mitigating or aggravating circumstances:
1. When there are neither aggravating nor mitigating
circumstances, they shall impose the penalty prescribed
by law in its medium period.
2. When only a mitigating circumstances is present in the
commission of the act, they shall impose the penalty in
its minimum period.
3. When an aggravating circumstance is present in the
commission of the act, they shall impose the penalty in
its maximum period.
4. When both mitigating and aggravating circumstances
are present, the court shall reasonably offset those of
one class against the other according to their relative
weight.
5. When there are two or more mitigating circumstances
and no aggravating circumstances are present, the court
shall impose the penalty next lower to that prescribed
by law, in the period that it may deem applicable,
according to the number and nature of such
circumstances.
6. Whatever may be the number and nature of the
aggravating circumstances, the courts shall not impose
a greater penalty than that prescribed by law, in its
maximum period.
7. Within the limits of each period, the court shall
determine the extent of the penalty according to the
number and nature of the aggravating and mitigating
circumstances and the greater and lesser extent of the
evil produced by the crime.
OUTLINE OF THE RULES
1. No aggravating and no mitigating – medium period
2. Only a mitigating – minimum period
3. Only a aggravating – maximum period
4. When there are aggravating and mitigating – the court shall
offset those of one class against the other according to their
relative weight.
5. Two or more mitigating and no aggravating – penalty next
lower, in the period applicable, according to the number and
nature of such circumstances.
6. No penalty greater than the maximum period of the penalty
prescribed by law shall be imposed, no matter how many
aggravating circumstances are present.
7. The court can determine the extent of the penalty “within
the limits of each period, according to the number” and
 CRIMINAL LAW
Based on the book of Luis B. Reyes
“nature” of the aggravating and mitigating circumstances
and the greater or lesser extent of the evil produced by the
crime.
ARTICLE 65
RULES IN CASES IN WHICH PENALTY IS NOT COMPOSED OF THREE
PERIODS. - In cases in which the penalty prescribed by law is not
composed of three periods, the courts shall apply the rules
contained in the foregoing articles, dividing into three equal
portions of time included in the penalty prescribed, and forming
one period of each of the three portions.
MEANING OF THE RULE
1. Compute and determine first the three periods of the entire
penalty.
2. The time included in the penalty prescribed should be
divided into three equal portions, after subtracting the
minimum (eliminate 1 day) from the maximum of the
penalty.
3. The minimum of the minimum period should be the
minimum of the given penalty (including the 1 day.)
4. The quotient should be added to the minimum prescribed
(eliminate 1 day) and the total will represent the maximum
of the minimum period. Take the maximum of the minimum
period, add 1 day to make it the minimum of the medium
period; then add the quotient to the minimum (eliminate 1
day) of the medium period and the total will represent the
maximum of the medium period. Take the maximum of the
medium period, add 1 day and make it the minimum of the
maximum period; then add the quotient to the minimum
(eliminate 1 day) of the maximum period and the total will
represent the maximum of the maximum period.
ARTICLE 66
IMPOSITION OF FINES. - In imposing fines the courts may fix any
amount within the limits established by law; in fixing the amount
in each case attention shall be given, not only to the mitigating
and aggravating circumstances, but more particularly to the
wealth or means of the culprit.
OUTLINE OF THE PROVISION
1. The court can fix any amount of the fine within the limit
established by law.
2. The court must consider:
a. The mitigating and aggravating circumstances; and
b. More particularly, the wealth or means of the culprit.
ARTICLE 67
PENALTY TO BE IMPOSED WHEN NOT ALL THE REQUISITES OF
EXEMPTION OF THE FOURTH CIRCUMSTANCE OF ARTICLE 12 ARE
PRESENT. – When all the conditions required in circumstances
Number 4 of Article 12 of this Code to exempt from criminal
liability are not present, the penalty of arresto mayor in its
38
maximum period to prision correccional in its minimum period
shall be imposed upon the culprit if he shall have been guilty of
a grave felony, and arresto mayor in its minimum and medium
periods, if of a less grave felony.
CONDITIONS NECESSARY TO EXEMPT FROM LIABILITY
UNDER SUBSECTION 4 OF ARTICLE 12
1. That the act causing the injury be lawful; that is, permitted
not only by law but also by regulations.
2. That it be performed with due care.
3. That the injury be caused by mere accident, i.e., by an
unforeseen event.
4. That there be no fault or intention to cause the injury.
RECKLESS IMPRUDENCE
If the act is executed without taking those precautions or measures
which the most common prudence will require
SIMPLE IMPRUDENCE
If it is a mere lack of precaution in those cases where either the
threatened harm is not imminent or the danger is not openly visible.
ARTICLE 68
PENALTY TO BE IMPOSED UPON A PERSON UNDER EIGHTEEN
YEARS OF AGE. – When the offender is a minor under eighteen
years and his case is one coming under the provisions of the
paragraphs next to the last of Article 80 of this Code, the
following rules shall be observed:
1. Upon a person under fifteen but over nine years of age,
who is not exempted from liability by reason of the
court having declared that he acted with discernment, a
discretionary penalty shall be imposed, but always
lower by two degrees at least than that prescribed by
law for the crime which he committed.
2. Upon a person over fifteen and under eighteen years of
age the penalty next lower than that prescribed by law
shall be imposed, but always in the proper period.
RA 9344
If the offender acted with discernment, he shall undergo diversion
programs provided under Chapter 2. The penalty to be imposed on the
child in conflict with the law shall be that provided for in paragraph 2
of Article 68, that is, the penalty next lower than that prescribed by law.
ARTICLE 69
PENALTY TO BE IMPOSED WHEN THE CRIME COMMITTED IS NOT
WHOLLY EXCUSABLE. – A penalty lower by one or two degrees
than that prescribed by law shall be imposed if the deed is not
wholly excusable by reason of the lack of some of the conditions
required to justify the same or to exempt from criminal liability
in the several cases mentioned in Article 11 and 12, provided that
the majority of such conditions be present. The courts shall
impose the penalty in the period which may be deemed proper,
in view of the number and nature of the conditions of exemption
present or lacking.
 CRIMINAL LAW
Based on the book of Luis B. Reyes
The privileged mitigating circumstances contemplated in Article 69
include the incomplete justifying and incomplete exempting
circumstances, provided the majority of their conditions is present.
1. When two of the essential requisites for justification are
present – the penalty lower by two degrees may be imposed
2. Where only unlawful aggression is present – the penalty
next lower may be imposed.
ARTICLE 70
SUCCESSIVE SERVICE OF SENTENCE. – When the culprit has to
serve two or more penalties, he shall serve them simultaneously
if the nature of the penalties will so permit otherwise, the
following rules shall be observed:
1. The material accumulation system
All penalties for all the violations were imposed even if they reached
beyond the natural span of human life.
2. The juridical accumulation system
The service of several penalties imposed on one and the same culprit is
limited to not more than three – fold the length of time corresponding
to the most severe and in no case to exceed 40 years.
3. The absorption system
Observed in the imposition of the penalty in complex crimes,
continuing crimes, and specific crimes like robbery with homicide.
ARTICLE 71

In the imposition of the penalties, the order of their respective GRADUATED SCALES. – In the case in which the law prescribed a
severity shall be followed so that they may be executed penalty lower or higher by one or more degrees than another
successively or as nearly as may be possible, should a pardon given penalty, the rules prescribed in Article 61 shall be observed
have been granted as to the penalty or penalties first imposed, in graduating such penalty.
or should they have been served out.
The lower or higher penalty shall be taken from the graduated
For the purpose of applying the provisions of the next preceding scale in which is comprised the given penalty.
paragraph the respective severity of the penalties shall be
determined in accordance with the following scale: The courts, in applying such lower or higher penalty, shall
1. Death, observe the following graduated scales:
2. Reclusion perpetua,
3. Reclusion temporal, SCALE NO. 1
4. Prision mayor, 1. Death,
5. Prision correccional, 2. Reclusion Perpetua,
6. Arresto mayor, 3. Reclusion Temporal,
7. Arresto menor, 4. Prision mayor,
8. Destierro, 5. Prision correccional,
9. Perpetual absolute disqualification, 6. Arresto mayor,
10. Temporal absolute disqualification. 7. Destierro,
11. Suspension from public office, the right to vote and be 8. Arresto menor,
voted for, the right to follow a profession or calling, and 9. Public censure,
12. Public censure. 10. Fine.

Notwithstanding the provisions of the rule next preceding, the

maximum duration of the convict's sentence shall not be more SCALE NO. 2
than three-fold the length of time corresponding to the most 1. Perpetual absolute disqualification,
severe of the penalties imposed upon him. No other penalty to 2. Temporal absolute disqualification.
which he may be liable shall be inflicted after the sum total of 3. Suspension from public office, the right to vote and be
those imposed equals the same maximum period. voted for, the right to follow a profession or calling,
4. Public censure,
Such maximum period shall in no case exceed forty years. 5. Fine.

In applying the provisions of this rule the duration of perpetual ARTICLE 25 ARTICLE 70 ARTICLE 71
penalties (pena perpetua) shall be computed at thirty years. (As Classification of Penalties
amended). Principal According to their Scales which should
Accessory severity be observed in
graduating
THE THREE – FOLD RULE
penalties.
The maximum duration of the convict’s sentence shall not be more than
Destierro
three times the length of time corresponding to the most severe of the
penalties imposed upon him. Above arresto Under arresto Above arresto
menor menor menor
DIFFERENT SYSTEMS OF PENALTY

39
 CRIMINAL LAW
Based on the book of Luis B. Reyes
ARTICLE 72
Fines are also graduated into degrees for the imposition of the proper
amount of the fine on accomplices and accessories or on the principals
PREFERENCE IN THE PAYMENT OF CIVIL LIABILITIES. – The civil in frustrated or attempted felonies.
liabilities of a person found guilty of two or more offenses shall
be satisfied by following the chronological order of the dates of FINE WITH A MINIMUM v. FINE WITHOUT A MINIMUM
the judgments rendered against him, beginning with the first in FINE WITH A MINIMUM FINE WITHOUT A
order of time. MINIMUM
The law fixes the maximum of the fine.
Civil liability is satisfied by following the chronological order of the When the law fixes the When the law does not state the
dates of the final judgment. minimum of the fine, the court minimum of the fine but only
cannot change the minimum. the maximum, he court can
Section Three. – Provisions common in the last two preceding impose any amount not
sections exceeding such amount.
When the law fixes both the When only the maximum is
minimum and the maximum, fixed, it cannot impose an
ARTICLE 73 the court can impose an amount amount higher than the
higher than the maximum. maximum.
PRESUMPTION IN REGARD TO THE IMPOSITION OF ACCESSORY
PENALTIES. – Whenever the courts shall impose a penalty which, ARTICLE 76
by provision of law, carries with it other penalties, according to
the provisions of Articles 40, 41, 42, 43 and 44 of this Code, it LEGAL PERIOD OF DURATION OF DIVISIBLE PENALTIES. – The
must be understood that the accessory penalties are also legal period of duration of divisible penalties shall be considered
imposed upon the convict. as divided into three parts, forming three periods, the minimum,
the medium, and the maximum in the manner shown in the
Accessory penalties provided for in Articles 40 to 45 are deemed following table:
imposed by the courts without the necessity of making an express
TABLE SHOWING THE DURATION OF DIVISIBLE
pronouncement of their imposition.
PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR
PERIODS
Subsidiary imprisonment is not an accessory penalty and therefore, TIME
judgment of conviction must expressly state that the offender shall INCLUDED
suffer the subsidiary imprisonment in case of insolvency. IN THE MINIMUM MEDIUM MAXIMUM
PENALTIES
PENALTY PERIOD PERIOD PERIOD
IN ITS
ARTICLE 74 ENTIRETY
From 14
From 17
12 years and years and 8
12 years and years, 4
Reclusion 1 day to 14 months and 1
PENALTY HIGHER THAN RECLUSION PERPETUA IN CERTAIN 1 day to 20 months and 1
temporal years and 8 day to 17
CASES. – In cases in which the law prescribes a penalty higher years
months years and 4
day to 20
years
than another given penalty, without specially designating the months
Prision mayor,
name of the former, if such higher penalty should be that of absolute 6 years and 1 8 years and 1 10 years and
6 years and 1
death, the same penalty and the accessory penalties of Article disqualification day to 12
day to 8 years
day to 10 1 day to 12
and temporary years years years
40, shall be considered as the next higher penalty. disqualification
2 years, 4
Prision 6 months and
6 months and months and 1 4 years, 2
When a given penalty has to be raised by one or two degrees and the correccional, 1 day to 2
1 day to 6 day to 4 months and 1
resulting penalty is death according to the scale, but is not specifically suspension, years and 4
years years and 2 day to 6 years
destierro months
provided by law as a penalty, the latter cannot be imposed. months
1 month and 1 month and 2 months and 4 months and
Arresto mayor 1 day to 6 1 day to 2 1 day to 4 1 day to 6
ARTICLE 75 months months months months
Arresto menor 1 to 30 days 1 to 10 days 11 to 20 days 21 to 30 days

INCREASING OR REDUCING THE PENALTY OF FINE BY ONE OR PERIOD

MORE DEGREES. - Whenever it may be necessary to increase or Each of the three equal parts of a divisible penalty
reduce the penalty of fine by one or more degrees, it shall be
increased or reduced, respectively, for each degree, by one- DEGREE
fourth of the maximum amount prescribed by law, without The diverse penalties mentioned by name in the Revised Penal Code.
however, changing the minimum.
ARTICLE 77
The same rules shall be observed with regard of fines that do not
consist of a fixed amount, but are made proportional.

40
 CRIMINAL LAW
Based on the book of Luis B. Reyes
WHEN THE PENALTY IS A COMPLEX ONE COMPOSED OF THREE
DISTINCT PENALTIES. - In cases in which the law prescribes a
penalty composed of three distinct penalties, each one shall form
a period; the lightest of them shall be the minimum the next the
medium, and the most severe the maximum period.
Whenever the penalty prescribed does not have one of the forms
specially provided for in this Code, the periods shall be
distributed, applying by analogy the prescribed rules.
COMPLEX PENALTY
It is a penalty prescribed by law composed of three distinct penalties,
each forming a period; the lightest of them shall be the minimum, the
next the medium, and the most severe the maximum period.
Chapter V
Execution and Service of Penalties
Section One. – General Provisions
ARTICLE 78
WHEN AND HOW PENALTY IS TO BE EXECUTED. – No penalty shall
be executed except by virtue of a final judgment.
A penalty shall not be executed in any other form than that
prescribed by law, nor with any other circumstances or incidents
than those expressly authorized thereby.
In addition to the provisions of the law, the special regulations
prescribed for the government of the institutions in which the
penalties are to be suffered shall be observed with regard to the
character of the work to be performed, the time of its
performance, and other incidents connected therewith, the
relations of the convicts among themselves and other persons,
the relief which they may receive, and their diet.
The regulations shall make provision for the separation of the
sexes in different institutions, or at least into different
departments and also for the correction and reform of the
convicts.
The judgment must be final before it can be executed, because the
accused may still appeal within 15 days from its promulgation. But if
the defendant has expressly waived in writing his right to appeal, the
judgment becomes final immediately.
ARTICLE 79
SUSPENSION OF THE EXECUTION AND SERVICE OF THE
PENALTIES IN CASE OF INSANITY. – When a convict shall become
insane or an imbecile after final sentence has been pronounced,
the execution of said sentence shall be suspended only with
regard to the personal penalty, the provisions of the second
41
paragraph of circumstance number 1 of Article 12 being observed
in the corresponding cases.
If at any time the convict shall recover his reason, his sentence
shall be executed, unless the penalty shall have prescribed in
accordance with the provisions of this Code.
The respective provisions of this section shall also be observed if
the insanity or imbecility occurs while the convict is serving his
sentence.
RULES REGARDING EXECUTION AND SERVICE OF
PENALTIES IN CASE OF INSANITY
1. When a convict becomes insane or imbecile after final
sentence has been pronounced, the execution of said
sentence is suspended only as regards the personal penalty.
2. If he recovers his reason, his sentence shall be executed,
unless the penalty has prescribed.
3. Even if while serving his sentence, the convict becomes
insane or imbecile, the above provisions shall be observed.
4. But the payment of his civil or pecuniary liabilities shall not
be suspended.
AN ACCUSED PERSON MAY BECOME INSANE
1. At the time of the commission of the offense;
2. At the time of the trial;
3. At the time of final judgment; or
4. While serving his sentence.
ARTICLE 80
SUSPENSION OF MINOR DELINQUENTS. – Whenever a minor of
either sex, under sixteen years of age at the date of the
commission of a grave or less grave felony, is accused thereof,
the court, after hearing the evidence in the proper proceedings,
instead of pronouncing judgment of conviction, shall suspend all
further proceedings and shall commit such minor to the custody
or care of a public or private, benevolent or charitable institution,
established under the law of the care, correction or education of
orphaned, homeless, defective, and delinquent children, or to
the custody or care of any other responsible person in any other
place subject to visitation and supervision by the Director of
Public Welfare or any of his agents or representatives, if there be
any, or otherwise by the superintendent of public schools or his
representatives, subject to such conditions as are prescribed
hereinbelow until such minor shall have reached his majority age
or for such less period as the court may deem proper. The court,
in committing said minor as provided above, shall take into
consideration the religion of such minor, his parents or next of
kin, in order to avoid his commitment to any private institution
not under the control and supervision of the religious sect or
denomination to which they belong.
 CRIMINAL LAW
Based on the book of Luis B. Reyes
The Director of Public Welfare or his duly authorized
representatives or agents, the superintendent of public schools
or his representatives, or the person to whose custody or care
the minor has been committed, shall submit to the court every
four months and as often as required in special cases, a written
report on the good or bad conduct of said minor and the moral
and intellectual progress made by him.
The suspension of the proceedings against a minor may be
extended or shortened by the court on the recommendation of
the Director of Public Welfare or his authorized representative or
agents, or the superintendent of public schools or his
representatives, according as to whether the conduct of such
minor has been good or not and whether he has complied with
the conditions imposed upon him, or not. The provisions of the
first paragraph of this article shall not, however, be affected by
those contained herein.
If the minor has been committed to the custody or care of any of
the institutions mentioned in the first paragraph of this article,
with the approval of the Director of Public Welfare and subject
to such conditions as this official in accordance with law may
deem proper to impose, such minor may be allowed to stay
elsewhere under the care of a responsible person.
If the minor has behaved properly and has complied with the
conditions imposed upon him during his confinement, in
accordance with the provisions of this article, he shall be
returned to the court in order that the same may order his final
release.
In case the minor fails to behave properly or to comply with the
regulations of the institution to which he has been committed or
with the conditions imposed upon him when he was committed
to the care of a responsible person, or in case he should be found
incorrigible or his continued stay in such institution should be
inadvisable, he shall be returned to the court in order that the
same may render the judgment corresponding to the crime
committed by him.
The expenses for the maintenance of a minor delinquent
confined in the institution to which he has been committed, shall
be borne totally or partially by his parents or relatives or those
persons liable to support him, if they are able to do so, in the
discretion of the court; Provided, That in case his parents or
relatives or those persons liable to support him have not been
ordered to pay said expenses or are found indigent and cannot
pay said expenses, the municipality in which the offense was
committed shall pay one-third of said expenses; the province to
which the municipality belongs shall pay one-third; and the
remaining one-third shall be borne by the National Government:
Provided, however, That whenever the Secretary of Finance
certifies that a municipality is not able to pay its share in the
expenses above mentioned, such share which is not paid by said
municipality shall be borne by the National Government.
Chartered cities shall pay two-thirds of said expenses; and in case
a chartered city cannot pay said expenses, the internal revenue
42
allotments which may be due to said city shall be withheld and
applied in settlement of said indebtedness in accordance with
section five hundred and eighty-eight of the Administrative
Code.
CHILD
A person under eighteen (18) years of age.
CHILD IN CONFLICT WITH THE LAW
A child who is alleged as, accused of, or adjudged as, having committed
an offense under Philippine laws.
The exemption from criminal liability herein established does not
include exemption from civil liability, which shall be enforced in
accordance with existing laws.
INTERVENTION PROGRAM
AUTOMATIC SUSPENSION OF SENTENCE
Suspension of sentence shall be applied even if the juvenile is already
18 years of age or more at the time of the pronouncement of his / her
guilt.
The age of the child in conflict with the law at the time of the
promulgation of the judgment of conviction is not material. What
matters is that the offender committed the offense when he / she was
still of tender age.
RELEASE ON RECOGNIZANCE
Where a child is detained, the court shall order:
1. The release of the minor on recognizance to his / her parents
and other suitable persons.
2. The release of the child in conflict with the law on bail; or
3. The transfer of the minor to a youth detention home / youth
rehabilitation center.
ALTERNATIVE MEASURES
1. Close supervision;
2. Intensive care or placement with a family or in an education
setting or home;
3. Institutionalization or detention of the child pending trial
shall be used only as a measure of last resort and for the
shortest possible period of time.
Whenever detention is necessary, a child will always be detained in
youth detention homes established by local governments, pursuant to
Section 8 of the Family Courts Act, in the city or municipality where
the child resides.
Section Two. – Execution of Principal Penalties
ARTICLE 81
WHEN AND HOW DEATH PENALTY IS TO BE EXECUTED. – The
death sentence shall be executed with reference to any other
and shall consist in putting the person under sentence to death
by electrocution. The death sentence shall be executed under the
authority of the Director of Prisons, endeavoring so far as
 CRIMINAL LAW
Based on the book of Luis B. Reyes
possible to mitigate the sufferings of the person under sentence
during electrocution as well as during the proceedings prior to
the execution.
If the person under sentence so desires, he shall be
anaesthetized at the moment of the electrocution.
ARTICLE 82
NOTIFICATION AND EXECUTION OF THE SENTENCE AND
ASSISTANCE TO THE CULPRIT. – The court shall designate a
working day for the execution but not the hour thereof; and such
designation shall not be communicated to the offender before
sunrise of said day, and the execution shall not take place until
after the expiration of at least eight hours following the
notification, but before sunset. During the interval between the
notification and the execution, the culprit shall, in so far as
possible, be furnished such assistance as he may request in order
to be attended in his last moments by priests or ministers of the
religion he professes and to consult lawyers, as well as in order
to make a will and confer with members of his family or persons
in charge of the management of his business, of the
administration of his property, or of the care of his descendants.
ARTICLE 83
SUSPENSION OF THE EXECUTION OF THE DEATH SENTENCE. – The
death sentence shall not be inflicted upon a woman within the
three years next following the date of the sentence or while she
is pregnant, nor upon any person over seventy years of age. In
this last case, the death sentence shall be commuted to the
penalty of reclusion perpetua with the accessory penalties
provided in Article 40.
ARTICLE 84
PLACE OF EXECUTION AND PERSONS WHO MAY WITNESS THE
SAME. – The execution shall take place in the penitentiary of
Bilibid in a space closed to the public view and shall be witnessed
only by the priests assisting the offender and by his lawyers, and
by his relatives, not exceeding six, if he so request, by the
physician and the necessary personnel of the penal
establishment, and by such persons as the Director of Prisons
may authorize.
ARTICLE 85
PROVISIONS RELATIVE TO THE CORPSE OF THE PERSON
EXECUTED AND ITS BURIAL. – Unless claimed by his family, the
corpse of the culprit shall, upon the completion of the legal
proceedings subsequent to the execution, be turned over to the
institute of learning or scientific research first applying for it, for
the purpose of study and investigation, provided that such
institute shall take charge of the decent burial of the remains.
43
Otherwise, the Director of Prisons shall order the burial of the
body of the culprit at government expense, granting permission
to be present thereat to the members of the family of the culprit
and the friends of the latter. In no case shall the burial of the
body of a person sentenced to death be held with pomp.
Articles 81 to 85 are currently suspended
ARTICLE 86
RECLUSION PERPETUA, RECLUSION TEMPORAL, PRISION
MAYOR, PRISION CORRECCIONAL AND ARRESTO MAYOR. – The
penalties of reclusion perpetua, reclusion temporal, prision
mayor, prision correccional and arresto mayor, shall be executed
and served in the places and penal establishments provided by
the Administrative Code in force or which may be provided by
law in the future.
ARTICLE 87
DESTIERRO. – Any person sentenced to destierro shall not be
permitted to enter the place or places designated in the
sentence, nor within the radius therein specified, which shall be
not more than 250 and not less than 25 kilometers from the place
designated.
DESTIERRO IS IMPOSED
1. When death or serious physical injuries is caused or are
inflicted under exceptional circumstances
2. When a person fails to give bond for good behavior
3. As a penalty for the concubine in the crime of concubinage
4. When after lowering the penalty by degrees, destierro is the
proper penalty.
ARTICLE 88
ARRESTO MENOR. – The penalty of arresto menor shall be served
in the municipal jail, or in the house of the defendant himself
under the surveillance of an officer of the law, when the court so
provides in its decision, taking into consideration the health of
the offender and other reasons which may seem satisfactory to
it.
Unless the court makes a statement in its decision that the accused can
serve the sentence in his house, the accused cannot be permitted to do
so by the jailer.
Title Four
EXTINCTION OF CRIMINAL LIABILITY
Chapter I
Total Extinction of Criminal Liability
ARTICLE 89
 CRIMINAL LAW
Based on the book of Luis B. Reyes
HOW CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED. – Criminal It is an act of the sovereign power granting oblivion or a general pardon
liability is totally extinguished: for a past offense, and is rarely, if ever, exercised in favor of a single
1. By the death of the convict, as to the personal penalties individual, and is usually exerted in behalf of certain classes of persons,
who are subject to trial but have not yet been convicted.
and as to pecuniary penalties, liability therefor is
extinguished only when the death of the offender
Amnesty completely extinguishes the penalty and all its effects; it does
occurs before final judgment.
not extinguish the civil liability of the offender.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty 4. By absolute pardon
and all its effects;
4. By absolute pardon; PARDON
5. By prescription of the crime; It is an act of grace proceeding from the power entrusted with the
6. By prescription of the penalty; execution of the laws which exempts the individual on whom it is
7. By the marriage of the offended woman, as provided in bestowed from the punishment the law inflicts for the crime he has
Article 344 of this Code. committed.
a. Absolute pardon
Extinction of criminal liability does not necessarily mean that the civil b. Conditional pardon
liability is also extinguished.
PARDON v. AMNESTY
CAUSES OF EXTINCTION OF CRIMINAL LIABILITY v. PARDON AMNESTY
CAUSES OF JUSTIFICATION OR EXEMPTION FROM Includes any crime Political offenses by classes of
CRIMINAL LIABILITY persons or communities
CAUSES OF EXTINCTION CAUSES OF Individually exercised by the Proclamation of the Chief
JUSTIFICATION OR President Executive with the concurrence
EXEMPTION of the Congress
Arise after the commission of Arise from circumstances Exercised when the person is Can be exercised even before
the offense existing either before the already convicted trial or investigation is had
commission of the crime or at Looks forward – abolishes or Looks backward – abolishes
the moment of its commission forgives the punishment and puts into oblivion the
offense itself
1. By death of the convict Does not alter the fact that the Makes an ex – convict no longer
accused is a recidivist a recidivist
a. Death occurs before final judgment Must be pleaded and proved by Public act of which the Courts
Civil liability is also extinguished the person pardoned should take judicial notice
Does not extinguish civil liability
b. Death after final judgment
Pecuniary penalties are not extinguished. 5. By prescription of crime and by prescription of the
penalty
FINAL JUDGMENT
Judgment beyond recall PRESCRIPTION OF THE CRIME
The forfeiture or loss of the right of the State to prosecute the offender
c. Death occurs pending appeal after the lapse of a certain time.
GENERAL RULE
Death of the accused pending appeal of his conviction extinguishes his PRESCRIPTION OF THE PENALTY
criminal liability as well as the civil liability based solely on the offense The loss or forfeiture of the right of the Government to execute the final
committed. sentence after the lapse of a certain time.

EXCEPTION CONDITIONS NECESSARY

The claim for civil liability survives notwithstanding the death of 1. That there be a final judgment
accused, if the same may also be predicated on a source of other than 2. That the period of time prescribed by law for its enforcement
delict, such as law, contracts, quasi – contracts and quasi – delicts. has elapsed.

2. By service of sentence
Also does not extinguish the civil liability. 6. By marriage of the offended woman
Marriage of the offender with the offended woman after the
3. By amnesty commission of any of the crimes of rape, seduction, abduction or acts
of lasciviousness, must be contracted by the offender in good faith.
AMNESTY
ARTICLE 90

44
 CRIMINAL LAW
Based on the book of Luis B. Reyes
convicted or acquitted, or are unjustifiably stopped for any
PRESCRIPTION OF CRIME. – Crimes punishable by death, reason not imputable to him.
reclusion perpetua or reclusion temporal shall prescribe in
twenty years. The term of prescription shall not run when the offender is
absent from the Philippine Archipelago.
Crimes punishable by other afflictive penalties shall prescribe in
fifteen years. OUTLINE OF THE PROVISIONS
1. The period of prescription commences to run from the day
Those punishable by a correctional penalty shall prescribe in ten on which the crime is discovered by the offended party, the
years; with the exception of those punishable by arresto mayor, authorities or their agents.
which shall prescribe in five years. 2. It is interrupted by the filing of the complaint or information.
3. It commences to run again when such proceedings terminate
The crime of libel or other similar offenses shall prescribe in one without the accused being convicted or acquitted or are
year. unjustifiably stopped for any reason not imputable to him.
4. The term of prescription shall not run when the offender is
The crime of oral defamation and slander by deed shall prescribe absent from the Philippines.
in six months.
PRESCRIPTION OF ELECTION OFFENSES
1. If discovery of the offense is incidental to judicial
Light offenses prescribe in two months.
proceedings, prescription begins when such proceeding
terminates;
When the penalty fixed by law is a compound one, the highest 2. From the date of the commission of offense.
penalty shall be made the basis of the application of the rules
contained in the first, second and third paragraphs of this article.
ARTICLE 92
(As amended by RA 4661, approved June 19, 1966).

WHEN AND HOW PENALTIES PRESCRIBE. – The penalties

In computing the period of prescription, the first day is to be excluded
and the last day included. imposed by final sentence prescribe as follows:
1. Death and reclusion perpetua, in twenty years;
As regards the month of February of a leap year, February 28 and 29 2. Other afflictive penalties, in fifteen years;
should be counted as separate days in computing periods of 3. Correctional penalties, in ten years; with the exception
prescription. of the penalty of arresto mayor, which prescribes in five
years;
Where the last day of the prescriptive period for filing an information 4. Light penalties, in one year.
falls on a Sunday or a legal holiday, the information can no longer be
filed on the next day as the crime had already prescribed. Penalties must be imposed by final sentence. Hence, if the convict
appealed and thereafter fled to the mountains, the penalty imposed upon
PRESCRIPTION OF CRIMES PUNISHABLE BY FINES him would never prescribe, because pending the appeal, the sentence is
Afflictive 15 years not final.
Correctional 10 years
Light 2 months ARTICLE 93

PRESCRIPTION OF VIOLATIONS PENALIZED BY SPECIAL

LAWS AND ORDINANCES – WHEN IT BEGINS TO RUN COMPUTATION OF THE PRESCRIPTION OF PENALTIES. – The
Prescription shall begin to run from the day of the commission of the period of prescription of penalties shall commence to run from
violation of the law, and if the same be not known at the time, from the the date when the culprit should evade the service of his
discovery thereof and the institution of judicial proceedings for its sentence, and it shall be interrupted if the defendant should give
investigation and punishment. himself up, be captured, should go to some foreign country with
which this Government has no extradition treaty, or should
ARTICLE 91 commit another crime before the expiration of the period of
prescription.
COMPUTATION OF PRESCRIPTION OF OFFENSES. – The period of
prescription shall commence to run from the day on which the OUTLINE OF THE PROVISIONS
crime is discovered by the offended party, the authorities, or 1. The period of prescription of penalties commences to run
from the date when the culprit evaded the service of his
their agents, and shall be interrupted by the filing of the sentence;
complaint or information, and shall commence to run again 2. It is interrupted if the convict –
when such proceedings terminate without the accused being a. Gives himself up;
b. Be captured;

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 CRIMINAL LAW
Based on the book of Luis B. Reyes
c. Goes to a foreign country with which we have no Chief Executive under the penalty, is granted by the Board
extradition treaty, or provisions of the Administrative of Pardons and Parole under the
d. Commits another crime before the expiration of Code provision of the ISLaw.
prescription.
The convict may be ordered The convict cannot be
rearrested or reincarcerated by prosecuted under Article 159.
ELEMENTS the Chief Executive or may be He can be rearrested and
1. That the penalty is imposed b final sentence; prosecuted under Article 159 of reincarcerated to serve the
2. That the convict evaded the service of the sentence by the Code. unserved portion of his original
escaping during the term of his sentence; penalty.
3. That the convict who escaped from prison has not given
himself up, or been captured, or gone to a foreign country
with which we have no extradition treaty, or committed ARTICLE 95
another crime;
4. That the penalty has prescribed, because of the lapse of time
from the date of the evasion of the service of the sentence OBLIGATION INCURRED BY PERSON GRANTED CONDITIONAL
by the convict. PARDON. – Any person who has been granted conditional pardon
shall incur the obligation of complying strictly with the conditions
The period of prescription of penalties commences to run from the date imposed therein otherwise, his non-compliance with any of the
when the culprit should evade the service of his sentence.
conditions specified shall result in the revocation of the pardon
Chapter II and the provisions of Article 159 shall be applied to him.
Partial Extinction of Criminal Liability
OUTLINE OF THE PROVISION
1. He must comply strictly with the conditions imposed in the
ARTICLE 94
pardon.
2. Failure to comply with the conditions shall result in the
PARTIAL EXTINCTION OF CRIMINAL LIABILITY. – Criminal liability revocation of the pardon.
is extinguished partially: 3. He becomes liable under Article 159. This is the judicial
1. By conditional pardon; remedy.
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn ARTICLE 96
while he is serving his sentence.
EFFECT OF COMMUTATION OF SENTENCE. – The commutation of
COMMUTATION OF SENTENCE the original sentence for another of a different length and nature
It is a change in the decision of the court made by the Chief Executive shall have the legal effect of substituting the latter in the place
by reducing the degree of the penalty inflicted upon the convict, or by of the former.
decreasing the length of the imprisonment or the amount of the fine.

In commutation of sentence, consent of the offender is not necessary. ARTICLE 97

The public welfare, not his consent, determines what shall be done.
SPECIFIC CASES WHERE COMMUTATION IS PROVIDED
FOR BY THE CODE
1. When the convict sentenced to death is over 70 years of age.
2. When eight justices of the Supreme Court fail to reach a
decision for the affirmance of the death penalty.
ALLOWANCES FOR GOOD CONDUCT
Deductions from the term of the sentence for good behavior.
A deduction of 1/5 of the period of his sentence is granted to a loyal
prisoner.
PAROLE
Consists in the suspension of the sentence of a convict after serving the
minimum term of the indeterminate penalty, without granting a pardon,
prescribing the terms upon which the sentence shall be suspended.
ALLOWANCE FOR GOOD CONDUCT. – The good conduct of any
prisoner in any penal institution shall entitle him to the following
deductions from the period of his sentence:
1. During the first two years of his imprisonment, he shall
be allowed a deduction of five days for each month of
good behavior;
2. During the third to the fifth year, inclusive, of his
imprisonment, he shall be allowed a deduction of eight
days for each month of good behavior;
3. During the following years until the tenth year,
inclusive, of his imprisonment, he shall be allowed a
deduction of ten days for each month of good behavior;
and
4. During the eleventh and successive years of his
imprisonment, he shall be allowed a deduction of
fifteen days for each month of good behaviour.

CONDITIONAL PARDON v. PAROLE The reason is that the good conduct time allowance is given in
CONDITIONAL PARDON PAROLE consideration of the good conduct observed by the prisoner while
May be given at any time after May be given after the prisoner serving his sentence.
final judgment is granted by the has served the minimum

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 CRIMINAL LAW
Based on the book of Luis B. Reyes
ARTICLE 98
SPECIAL TIME ALLOWANCE FOR LOYALTY. – A deduction of one-
fifth of the period of his sentence shall be granted to any prisoner
who, having evaded the service of his sentence under the
circumstances mentioned in Article 58 of this Code, gives himself
up to the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or
catastrophe to in said article.
SPECIAL TIME ALLOWANCE FOR LOYALTY
It is a deduction of 1/5 of the period of the sentence of a prisoner who,
having evaded the service of his sentence during the calamity or
catastrophe mentioned in Article 158, gives himself up to the authorities
within 48 hours following the issuance of the proclamation by the
President announcing the passing away of the calamity or catastrophe.
ARTICLE 99
WHO GRANTS TIME ALLOWANCES. - Whenever lawfully
justified, the Director of Prisons shall grant allowances for good
conduct. Such allowances once granted shall not be revoked.
The allowance for good conduct is not an automatic right. It must be
granted by the Director of Prisons. Allowances for good conduct once
granted by the Director of Prisons cannot be revoked by him.
Title Five
CIVIL LIABILITY
Chapter I
Persons Civilly Liable for Felonies
TWO CLASSES OF INJURIES
1. Social Injury
Produced by the disturbance and alarm which are the outcome of the
offense. This is sought to be repaired through the imposition of the
corresponding penalty.
2. Personal Injury
Caused to the victim of the crime who may have suffered damage, either
to his persons, to his property, to his honor, or to her chastity. This is
sought to be repaired through indemnity, which is civil in nature.
ARTICLE 100
CIVIL LIABILITY OF A PERSON GUILTY OF A FELONY. – Every
person criminally liable for a felony is also civilly liable.
Every person who, contrary to law, willfully or negligently causes
damage to another, shall indemnify the latter of the same.
Civil obligations arising from criminal offense shall be governed by the
penal laws.
47
The civil liability arising from negligence under the Revised Penal
Code is entirely separate and distinct from the responsibility for fault or
negligence.
BASIS OF CIVIL LIABILITY
1. As an offense against the state because of the disturbance of
social order;
2. As an offense against the private person injured by the
crime.
DAMAGES THAT MAY BE RECOVERED IN CRIMINAL
CASES
1. Crimes against Property
Damages based on the price of the thing and its special sentimental
value to the injured party may be recovered if the thing itself cannot be
restored.
2. Crimes against Persons
The injured party is entitled to be paid for whatever he spent for the
treatment of his wounds, doctor’s fees, and for medicine, as well as the
salary or wages unearned by him because of his inability to work due
to his injuries.
3. Damages
a. For loss or impairment of earning capacity
b. Moral damages
c. Exemplary damages
d. For death caused by a crime
ARTICLE 101
RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES. – The
exemption from criminal liability established in subdivisions 1, 2,
3, 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this
Code does not include exemption from civil liability, which shall
be enforced subject to the following rules:
First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil
liability for acts committed by an imbecile or insane person, and
by a person under nine years of age, or by one over nine but
under fifteen years of age, who has acted without discernment,
shall devolve upon those having such person under their legal
authority or control, unless it appears that there was no fault or
negligence on their part.
Should there be no person having such insane, imbecile or minor
under his authority, legal guardianship or control, or if such
person be insolvent, said insane, imbecile, or minor shall respond
with their own property, excepting property exempt from
execution, in accordance with the civil law.
Second. In cases falling within subdivision 4 of Article 11, the
persons for whose benefit the harm has been prevented shall be
civilly liable in proportion to the benefit which they may have
received.
 CRIMINAL LAW
Based on the book of Luis B. Reyes
The courts shall determine, in sound discretion, the 1.
proportionate amount for which each one shall be liable.
When the respective shares cannot be equitably determined, 2.
even approximately, or when the liability also attaches to the
Government, or to the majority of the inhabitants of the town,
and, in all events, whenever the damages have been caused with 3.
the consent of the authorities or their agents, indemnification
shall be made in the manner prescribed by special laws or
regulations.
The guests notified in advance the innkeeper or the person
representing him of the deposit of their goods within their
inn or house.
The guests followed the directions of the innkeeper or his
representative with respect to the care of and vigilance over
such goods.
Such goods of the guests lodging therein were taken by
robbery with force upon things or theft committed within the
inn or house.
ARTICLE 103

Third. In cases falling within subdivisions 5 and 6 of Article 12,

SUBSIDIARY LIABILITY OF OTHER PERSONS. – The subsidiary
the persons using violence or causing the fears shall be primarily
liability established in the next preceding article shall also apply
liable and secondarily, or, if there be no such persons, those
to employers, teachers, persons, and corporations engaged in
doing the act shall be liable, saving always to the latter that part
any kind of industry for felonies committed by their servants,
of their property exempt from execution.
pupils, workmen, apprentices, or employees in the discharge of
CIVIL LIABILITY OF PERSONS EXEMPT FROM CRIMINAL their duties.
LIABILITY
Exemption from criminal liability does not include exemption from
civil liability, except:
ELEMENTS
1. There is no civil liability in paragraph 4 of Article 12
2. There is no civil liability in paragraph 7 of Article 12 1. The employer, teacher, person or corporation is engaged in
any kind of industry.
2. Any of their servants, pupils, workmen, apprentices or
ARTICLE 102
employees commits a felony while in the discharge of his
duties.
SUBSIDIARY LIABILITY OF INNKEEPERS, TAVERNKEEPERS AND 3. The said employee is insolvent and has not satisfied his civil
PROPRIETORS OF ESTABLISHMENTS. - In default of the persons liability.
criminally liable, innkeepers, tavernkeepers, and any other
persons or corporations shall be civilly liable for crimes INDUSTRY
committed in their establishments, in all cases where a violation Any department or branch of art, occupation or business; especially,
one which employs so much labor and capital and is a distinct branch
of municipal ordinances or some general or special police
of trade.
regulation shall have been committed by them or their
employees.
Chapter II
Innkeepers are also subsidiarily liable for the restitution of goods What Civil Liability Includes
taken by robbery or theft within their houses from guests lodging
therein, or for the payment of the value thereof, provided that ARTICLE 104
such guests shall have notified in advance the innkeeper himself,
or the person representing him, of the deposit of such goods WHAT IS INCLUDED IN CIVIL LIABILITY. – The civil liability
within the inn; and shall furthermore have followed the established in Articles 100, 101, 102, and 103 of this Code
directions which such innkeeper or his representative may have includes:
given them with respect to the care and vigilance over such 1. Restitution;
goods. No liability shall attach in case of robbery with violence 2. Reparation of the damage caused;
against or intimidation of persons unless committed by the 3. Indemnification for consequential damages.
innkeeper's employees.

CIVIL LIABILITY v. PECUNIARY LIABILITIES

PARAGRAPH 1 CIVIL LIABILITY PECUNIARY LIABILITIES
Both include
ELEMENTS
a. The reparation of the damage caused; and
1. That the innkeeper, tavernkeeper or proprietor of
b. Indemnification for consequential damages
establishment or his employee committed a violation of
municipal ordinance or some general or special police Includes restitution Do not include restitution
regulation. Not included Include fine and the cost of the
2. That a crime is committed in such inn, tavern, or proceedings
establishment.
3. That the person criminally liable is insolvent.
ARTICLE 105
PARAGRAPH 2

ELEMENTS

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Based on the book of Luis B. Reyes
RESTITUTION; HOW MADE. – The restitution of the thing itself
must be made whenever possible, with allowance for any
deterioration, or diminution of value as determined by the court.
The thing itself shall be restored, even though it be found in the
possession of a third person who has acquired it by lawful means,
saving to the latter his action against the proper person, who
may be liable to him.
This provision is not applicable in cases in which the thing has
been acquired by the third person in the manner and under the
requirements which, by law, bar an action for its recovery.
GENERAL RULE
The owner of the property illegally taken by the offender can recover it
from whomsoever is in possession thereof.
ARTICLE 106
REPARATION; HOW MADE. – The court shall determine the
amount of damage, taking into consideration the price of the
thing, whenever possible, and its special sentimental value to the
injured party, and reparation shall be made accordingly.
Reparation is ordinarily the remedy granted to the victims of crimes
against property.
ARTICLE 107
INDEMNIFICATION; WHAT IS INCLUDED. – Indemnification for
consequential damages shall include not only those caused the
injured party, but also those suffered by his family or by a third
person by reason of the crime.
Indemnity is ordinarily the remedy granted to the victims of crimes
against persons.
ARTICLE 108
OBLIGATION TO MAKE RESTORATION, REPARATION FOR
DAMAGES, AND INDEMNIFICATION FOR CONSEQUENTIAL
DAMAGES AND ACTIONS TO DEMAND THE SAME; UPON WHOM
IT DEVOLVES. – he obligation to make restoration or reparation
for damages and indemnification for consequential damages
devolves upon the heirs of the person liable.
The action to demand restoration, reparation, and
indemnification likewise descends to the heirs of the person
injured.
ARTICLE 109
SHARE OF EACH PERSON CIVILLY LIABLE. – If there are two or
more persons civilly liable for a felony, the courts shall determine
the amount for which each must respond.
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The entire amount of the civil indemnity, together with the moral and
actual damages, should be apportioned among the persons who
cooperated in the commission of the crime according to the degree of
their liability, respective responsibilities and actual participation in the
criminal act.
ARTICLE 110
SEVERAL AND SUBSIDIARY LIABILITY OF PRINCIPALS,
ACCOMPLICES AND ACCESSORIES OF A FELONY; PREFERENCE IN
PAYMENT. – Notwithstanding the provisions of the next
preceding article, the principals, accomplices, and accessories,
each within their respective class, shall be liable severally (in
solidum) among themselves for their quotas, and subsidiaries for
those of the other persons liable.
The subsidiary liability shall be enforced, first against the
property of the principals; next, against that of the accomplices,
and, lastly, against that of the accessories.
Whenever the liability in solidum or the subsidiary liability has
been enforced, the person by whom payment has been made
shall have a right of action against the others for the amount of
their respective shares.
ARTICLE 111
OBLIGATION TO MAKE RESTITUTION IN CERTAIN CASES. – Any
person who has participated gratuitously in the proceeds of a
felony shall be bound to make restitution in an amount
equivalent to the extent of such participation.
Chapter III
Extinction and Survival of Civil Liability
ARTICLE 112
EXTINCTION OF CIVIL LIABILITY. – Civil liability established in
Articles 100, 101, 102, and 103 of this Code shall be extinguished
in the same manner as obligations, in accordance with the
provisions of the Civil Law.
1. By payment or performance;
2. By the loss of the thing due;
3. By the condonation or remission of the debt;
4. By the confusion or merger of the rights of creditor and
debtor;
5. By compensation;
6. By novation;
7. Annulment, rescission, fulfillment of resolutory condition;
and
8. Prescription.
ARTICLE 113
 CRIMINAL LAW
Based on the book of Luis B. Reyes
OBLIGATION TO SATISFY CIVIL LIABILITY. – Except in case of
extinction of his civil liability as provided in the next preceding
article the offender shall continue to be obliged to satisfy the civil
liability resulting from the crime committed by him,
notwithstanding the fact that he has served his sentence
consisting of deprivation of liberty or other rights, or has not
been required to serve the same by reason of amnesty, pardon,
commutation of sentence or any other reason.

While amnesty wipes out all the traces and vestiges of the crime, it does
not extinguish the civil liability of the offender.

A pardon shall in no case exempt the culprit from the payment of the
civil indemnity imposed upon him by the sentence.

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