Article 3 Article 4

TWO KINDS OF FELONIES PROXIMATE CAUSE DOCTRINE

1. Intentional Felony – those committed with ELEMENTS(IRD)
deliberate intent. 1. The Intended act is a felonious act
2. The Resulting act is a felony
3. The resulting felony is the Direct, natural and
Elements (CiFI)
logical consequence of the felonious act of the
1. Criminal intent on the part of the offender offender
2. Freedom of action in doing the act on the part of
the offender PRATER INTENTIONEM
3. Intelligence of the offender ELEMENTS(FNd)
1. A Felony had been committed.
2. Culpable Felony – when the wrongful act results 2. There must be a Notable disparity between the
from imprudence, negligence, lack of foresight, or means employed by the offender and the resulting
lack of skill. felony.

Elements (CnFI) IMPOSSIBLE CRIME

1. Criminal negligence on the part of the offender ELEMENTS(PE-IV)
2. Freedom of action in doing the act 1. Act performed would be an offense against Persons
or property;
3. Intelligence on the part of the offender
2. Act was done with Evil intent;
3. Accomplishment is inherently Impossible or means
Both intentional and culpable felonies have the employed is either inadequate or ineffectual; and
same elements except for the element. 4. Act performed should not constitute a Violation of
another provision of RPC.
COMMON ELEMENTS OF INTENTIONAL AND
CULPABLE FELONY Article 6
1. Freedom of action – when the offender performs
the act on his own free will without force, duress, ATTEMPTED STAGE
uncontrollable fear. He knowingly and wilfully ELEMENTS (ODS)
performs the act on his own free will. So, if the 1. The offender commences the commission of the
offender performs the criminal act but he did so felony directly by Overt acts.
under the impulse of an uncontrollable fear, there is 2. That offender Does not perform all acts of execution
no criminal liability. This is an exempting that would have produced the felony
3. That offender was not able to perform all acts of
circumstances under Aricle 12 of the RPC because
execution by reason of some cause or accident other
there is no freedom of action, an element of
than his own Spontaneous desistance
voluntariness.
FRUSTRATED STAGE
2. Intelligence – the capacity of a person to know ELEMENTS (AP)
wrong from right and to appreciate the consequences 1. The offender performs All the acts of execution
of one’s act. If the person acted without intelligence, which would produce the felony.
there is no criminal liability. So if the criminal act has 2. The felony was not Produced by reason of causes
been committed by an insane, imbecile or a minor 15 independent of the will of the perpetrator
years of age or under, the said offender is exempted
from criminal liability under Article 12 because he CONSUMMATED STAGE
acted without intelligence. There is no criminal ELEMENT
liability. There is no intentional nor culpable felony. A crime is consummated when all the elements
necessary for its execution and accomplishment are
present.
ELEMENTS OF MISTAKE OF FACT (LIW)
1. That the act done would have been Lawful had the
facts been as the accused believed them to be;
2. That the Intention of the accused in performing the
act is lawful; and
3. That the mistake must be Without fault, negligence
or carelessness on the part of the accused.
Article 8
Conspiracy is a bilateral act. It requires agreement ELEMENTS OF LAWFUL ORDER (OL)
involving two or more persons, on the other hand, 1. That an Order has been issued by a superior.
proposal to commit a felony is only a unilateral act. 2. The said order must be for some Lawful purpose.
Only 3. The Means used by the subordinate to carry out the
one person who has decided to commit the crime order must also be lawful.
proposes its execution to another person. If that other
person whom the proposal is given agreed to the said Article 12
proposal, we no longer have a proposal to commit a EXEMPTING CIRCUMSTANCES
crime, instead, what we have now is a conspiracy to 1. Imbecility
commit a crime. An imbecile person is one who although he is
already advanced in age; he has only the mindset of
Article 11 a 2-7 year old child. Therefore, he lacks intelligence,
ELEMENTS OF SELF-DEFENSE (URL) an element of voluntariness in the commission of a
1. Unlawful aggression. crime, hence, it is exempting. Imbecility is
2. Reasonable necessity of the means employed to exempting under any and all circumstances. There
prevent or repel it. is no lucid interval insofar as imbecility is
3. Lack of sufficient provocation on the part of the concerned.
person defending himself 2. Insanity
Insanity is the mental aberration of the mind. It is
ELEMENTS OF UNLAWFUL AGGRESSION (PAU) the incapacity of the offender to determine the right
1. There must be a Physical or material attack or from wrong and to appreciate the consequences of
assault. his act
2. The attack or assault must be Actual or at least .
imminent and; Insanity is not exempting under any or all
3. The attack or assault must be Unlawful. circumstances because the first paragraph of Art. 12
provides “unless the offender acted during a lucid
ELEMENTS OF DEFENSE OF RELATIVES (URP) interval.” So, if the offender who committed the
1. Unlawful aggression. crime invokes insanity, he, in effect, admits the
2. Reasonable necessity of the means employed to commission of the crime but he is avoiding criminal
prevent or repel it. liability by saying that he was insane, either before
3. In case the Provocation was given by the person or during the commission of the crime.
attacked, that the one making defense had no part
therein. So the insanity that is exempting is the insanity
that is existing either immediately before, at the
ELEMENTS OF DEFENSE OF STRANGERS (URR) time, or during the commission of the crime.
1. Unlawful aggression;
2. Reasonable necessity of the means employed EXEMPTING CIRCUMSTANCE LAWFUL ACT
to prevent or repel it; and ELEMENTS (LD-IF)
3. Person defending be not induced by Revenge, 1. The offender was performing a Lawful act;
resentment or other evil motive. 2. He was performing a lawful act with Due care;
3. He causes an Injury by mere accident;
ELEMENTS OF STATE OF NECESSITY (EGP) 4. The said injury was without Fault or intent on the
1. That the Evil sought to be avoided actually exists. part of the said offender.
2. That the injury feared be Greater than that done to
avoid it. EXEMPTING CIRCUMSTANCE IRRESISTABLE
3. That there be no other Practical and less harmful FORCE
means of preventing it. ELEMENTS (PIA)
1. There is Physical force;
ELEMENTS OF LAWFUL DUTY (PC) 2. The physical force must be Irresistible and;
1. Accused acted in the Performance of a duty or in 3. The physical force must come from Another person.
the
lawful exercise of a right or office; and
2. Injury caused or offense committed be the
necessary
Consequence of the due performance of duty or the
lawful exercise of such right or office.
EXEMPTING CIRCUMSTANCE UNCONTROLLABE
FEAR
ELEMENTS (URG)
1. That there exists an Uncontrollable fear;
2. That the uncontrollable fear be Real or at least
imminent and;
3. The fear of the injury must be Greater than or at
least equal to the act committed.
ARTICLE 13
ELEMENTS OF PRAETER INTENTIONEM
1. That a Felony had been committed.
2. That there is a Notable disparity in the means
employed by the offender and the resulting felony.
ELEMENTS OF SUFFICIENT PROVOCATION
That there be the existence of Threat or the
existence of provocation which must be sufficient.
2. The provocation must Originate from the offended
party.
3. The provocation must be Immediate to the
commission of the crime by the person who had been
provoked.
ELEMENTS OF IMMEDIATE VINDICATION OF A
GRAVE OFFENSE
1. That there be a Grave offense committed to the
offender or to his spouse, ascendants, descendants,
legitimate, natural or adopted brothers or sisters or
relatives by affinity in the same degree.
2. That the felony was committed in immediate
Vindication of this grave offense done.
ELEMENTS OF PASSION AND OBFUSCATION
1. That there be an Act both unlawful and sufficient to
produce passion and obfuscation on the part of the
offender.
2. The commission of the act that produced Passion
and obfuscation must not be far removed from the
commission of the crime by the offender, so that the
offender would not yet have recovered his normal
equanimity.
ELEMENTS OF VOLUNTARY SURRENDER (ASV)
1. Offender has not been actually Arrested.
2. That the offender Surrendered himself to a person
in authority or his agents.
3. That the said surrender is Voluntary.
ELEMENTS OF VOLUNTARY
PLEA OF GUILTY (SOP)
1. The offender confessed his guilt Spontaneously and
unconditionally.
2. The confession of guilt must be made in Open court,
that is the court that trying the case.
3. That the confession of guilt must be made before
the
Presentation of evidence for the prosecution.
ELEMENTS OF ILLNESS OF THE OFFENDER
1. The illness of the offender must Diminish the
exercise of the will power of the offender.
2. Such illness of the offender must not totally deprive
him of Consciousness of his act.
ARTICLE 14
ELEMENTS OF TAKING ADVANTAGE OF PUBLIC
POSITION
1. Abused his public position.
2. The use of the same Facilitated the commission of
the crime.
ELEMENTS OF CONTEMPT OR INSULT TO
PUBLIC AUTHORITIES
1. That the public authority is Engaged in the
discharge of his duties.
2. That he is Not the person against whom the crime
was committed.
3. That the offender Knows him to be a public
authority
4. That his Presence did not prevent the said offender
from committing the crime.
DISREGARD OF RANK, AGE, SEX OR DWELLING
1. Disregard of rank may be considered by the court
either collectively or individually depending on
their presence in the commission of the crime. It
can only be considered in crimes against persons or
crimes against chastity but not in crimes against
property.
2. Disregard of age may be considered by the court
either collectively or individually depending on
their presence in the commission of the crime. It can
only be considered in crimes against persons or
crimes against chastity but not in crimes against
property.
3. Disregard of sex may be considered by the court
either collectively or individually depending on
their presence in the commission of the crime. It can
only be considered in crimes against persons or
crimes against chastity but not in crimes against
property.
4. For a dwelling to be considered as an aggravating
circumstance, it is not necessary that the offended
party owns the dwelling. Ownership is immaterial.
It suffices that the offended party uses the same
place as one for his rest and comfort. It can be a
rented room. It can be a room where the offended
party is a mere bed spacer. Anything, any room, any
place which is used for rest and comfort by the said
offended party, that will be considered as his
dwelling, his domicile.
ELEMENTS OF ABUSE OF CONFIDENCE (TAF)
1. That the offended party has Trusted the
offender.
2. That the offender Abused the confidence
reposed on him by committing a crime.
3. That the said abuse of confidence reposed on
him Facilitated the commission of the crime.
UNGRATEFULNESS
Ungratefulness means lacking in gratitude. Instead
of being grateful, instead of saying thank you, the
offender committed the crime against the offended
party. For it to be considered as an aggravating
circumstance, the law requires that the
ungratefulness must be obvious. It must be evident. It
must be apparent.
ARTICLE 14 PAR 5
1. The crime was committed in the palace of the Chief
Executive.
2. The crime was committed in the presence of the
Chief Executive.
3. The crime was committed in the place where the
public authorities are engaged in the discharge of
their duties.
4. The crime was committed in a place dedicated to
religious worship.
If the crime is committed in any of these places, it is
considered as an aggravating circumstance because of
the disrespect on this place. The accused deliberately
sought this place in order to commit the crime. He
disrespected the said place. In order for these
aggravating circumstances, any of these, to lie against
the accused, it is necessary to show that the accused
deliberately sought these places in order to commit
the crime.
ARTICLE 14 PAR 6
1. Nighttime shall be considered as an aggravating
circumstance if the offender deliberately sought the
cover of darkness for any of the following purposes:
1.1.to facilitate the commission of the crime, or
1.2.to conceal its identity
ELEMENTS OF INHABITED PLACES
1. That in the place where the crime was
committed, there was very little or remote
possibility for the victim to receive some Help.
2. That the offender deliberately took advantage of
the said place to Facilitate the commission of
the crime.
COMMITTED BY A BAND
The crime is said to be committed by a band when
more than three armed malefactors shall have acted
together in the commission of the crime. Therefore,
there must be at least four armed malefactors who
shall have acted together in the commission of the
crime. All of them must have acted together in the
commission of the crime.
ELEMENTS OF RECIDIVISM
1. That the accused is on Trial for one crime
2. That at the time of the said trial, he has been
Previously convicted by final judgment of another
crime.
3. Both the first crime and the second crime are
embraced in the Same title of the code.
4. The offender is also convicted for the Second crime
for which he is on trial
ELEMENTS OF REITERACION
1. The offender is on Trial for one crime
2. At the time of the said trial, the offender had
already been Previously punished for an offense to
which the law attaches an equal or greater penalty
or for two or more crimes to which the law attaches
a lighter penalty.
3. The offender has been Convicted for this case on
which he is on trial
ELEMENTS OF HABITUAL DELINQUENCY
1. Convicted of either serious physical injuries, less
serious physical injuries, robbery, theft, estafa or
falsification
2. Each conviction must come within 10 years from
the
date of last release or last conviction of the previous
crime.
3. These convictions must be at least 3 and so forth
QUASI-RECIDIVISM
Quasi-recidivist is one who shall commit a felony after
having been convicted by final judgment before
beginning to serve his sentence or while serving his
sentence. Article 160 provides, the maximum penalty
prescribed by law shall be the one imposed. Hence,
quasi-recidivism is a special aggravating
circumstance.
ELEMENTS OF EVIDENT PREMEDITATION
1. The Time that the offender has determined to
commit the crime
2. Overt act manifestly indicating that he has clung to
his determination
3. Sufficient Lapse of time between the determination
and the actual execution of the crime. (Time for him
to reflect on the consequences of his act)
CRAFT, FRAUD, DESIGN
Craft refers to cunning or intellectual trickery
resorted to by the accused so as to commit the crime
Fraud is a deceit manifested by the insidious words or
machination resorted to by the said accused so that
the offended party would perform an act that will
ensure the commission of the crime
Disguise refers to ways, means, effects and methods
which will conceal the identity of the offender in the
commission of the crime.
ELEMENTS OF ABUSE OF SUPERIOR STRENGTH
1. That there is a Notorious inequality of forces
between the offender and the offended party in
terms of their height, size, weight and strength and
other circumstances.
2. That the offender took Advantage of this superior
strength in order to facilitate the commission of the
crime.
ELEMENTS OF TREACHERY
1. That there is a Notorious inequality of forces
between the offender and the offended party in
terms of their height, size, weight and strength and
other circumstances.
2. That the offender took Advantage of this superior
strength in order to facilitate the commission of the
crime.
IGNOMINY
Ignominy is the moral circumstance which adds
disgrace to the material injury brought about by the
commission of the crime. It is akin to the adding
insult to the injury. Ignominy refers to moral pain,
moral suffering inflicted on the victim which is not
necessary to the commission of the crime.
ELEMENTS OF CRUELTY
1. The victim must still be Alive at the time that the
additional physical pain had been inflicted by the
accused on the victim.
2. Upon the infliction of the physical pain, the
offender
Enjoys and delights in seeing the victim suffer from
the additional physical pain inflicted on the said
victim.
ARTICLE 15
RELATIONSHIP
Relationship is considered as alternative circumstance
if the offender is related to the offended party as
spouse, ascendants, descendants, legitimate, natural
or adopted brothers and sisters and relatives by
affinity in the same degree.
INTOXICATION
There is intoxication when the offender has taken
such amount of liquor as to affect his mental capacity
to appreciate the consequences of his act. Intoxication
is considered as a mitigating circumstance when it is
not habitual or when it is not subsequent to a plan to
commit a crime. On the other hand, intoxication is an
aggravating circumstance if it is done
habitually or when it is intentional, subsequent to a
plan to commit a crime.
DEGREE OF INSTRUCTION AND EDUCATION OF
THEOFFENDER
As a rule, a low degree of education or instruction is
mitigating on the part of the offender. It will mitigate
his criminal liability. Exception to the rule, if the
crime
committed by the offender is a crime which is
inherently
evil or wrong i.e. killing of person, molesting a
woman,
these are crimes which are inherently evil or wrong. If
this is the crime committed by a person who has a low
degree of education or instruction, his low degree of
education or instruction would not mitigate his
criminal
liability. Reason, since these are crimes which are
inherently evil or wrong they are as wrong to an
educated man or an ignorant man or unlettered man.
ARTICLE 17
ELEMENTS OF PRINCIPAL BY INDUCTION (ID)
1. His inducement must be made directly with the
Intent to procure the commission of the crime.
2. Inducement must be the Determining cause why
the crime was committed.
ARTICLE 18
ELEMENTS FOR ONE TO BE CONSIDERED AN
ACCOMPLICE (CPR)
1. There must be a Community of design.
2. Performs acts Previous or simultaneous to the
commission of the crime.
3. There must be a Relation between the acts
performed by the principal and those attributed to
an accomplice.
ARTICLE 19
ELEMENTS OF FENCING (CP-KG)
1. That a crime of robbery or theft has been actually
Committed.
2. That the offender is found in Possession of any
article, item or object which is the proceeds of the
said robbery or theft.
3. That the offender Knows or it should have been
known to him that the things in his possession were
the proceeds of robbery or thievery.
ELEMENTS OF BODY OF THE CRIME (OL)
1. Proof of the Occurrence of a certain event.
2. Proof of a person’s criminal Liability therefor.
ARTICLE 36
Pardon by the president is an act of grace proceeding
from the power entrusted with the execution of the
law which exempts the offender to whom it is
bestowed from the penalty which the law provides
from the crime he has committed.
Pardon by the President does not extinguish Civil
liability
Civil liability is not extinguished because such
liability is not part of the penalty of the offender, it is
personal to the victim, it is personal to the private
offended party and the pardon of the president cannot
touch the civil liability.
ARTICLE 38
Pecuniary liabilities are those imposed by the court in
case of judgment of conviction and it shall go both to
the government and the private offended party.
Pecuniary penalties are those penalties imposed by
the court in case of judgment by conviction which goes
solely to the government.
ARTICLE 39
Subsidiary penalty is a substitute penalty for fine and
fine alone. Subsidiary penalty can only be imposed on
a fine. The moment the penalty imposed upon him is
fine and he is insolvent to pay the fine, then judge
may state that he should suffer subsidiary penalty or
subsidiary imprisonment.
ARTICLE 47
COMPOUND CRIME
There is a compound crime when a Parole is the conditional release of a person convicted
single act constitutes two or more grave or less grave
felonies.
ELEMENTS OF COMPOUND CRIME (SP)
1. The offender performs a Single act.
2. That the single act Produces two or more grave or
less grave felonies.
COMPLEX CRIME
There is a complex crime proper when an
offense is a necessary means to commit the other
offense.
ELEMENTS OF COMPLEX CRIME PROPER (TNS)
1. That there be Two or more offenses
2. That one offense is Necessary to commit the other
offense.
3. All of them must be punished by the Same statute.
SPECIAL COMPLEX CRIME
Special complex crime is wherein two or more crimes
were committed but in the eyes of the law there is
only one crime committed. So the resulting felony is a
special complex crime.
CONTINUING CRIME
It is one wherein the offender impelled by a single
criminal impulse commits a series
of overt acts in about the same time in about the same
place violating one and the same provision of the law.
TRANSITORY CRIME
Transitory crime is one wherein the offender can be
prosecuted in any of the courts of the place where the
elements of the crime happened.
INDETERMINATE SENTENCE LAW
The Indeterminate Sentence Law is the law which
modifies the imposition of penalty both in the RPC
and in special penal laws. Under the Indeterminate
Sentence Law, courts are mandated in imposing a
penalty to fix a minimum term of the sentence and a
maximum term of the sentence.
So that the convict, after serving the minimum term
of the sentence, he becomes eligible for parole. Once
on parole, it doesn’t mean that he is already totally
free. He is not serving the sentence inside the prison
cell but he must report to the parole officer based on
the term of the said parole. So, it doesn’t mean that
once release on parole he is totally a free man. It
suggests that instead of serving his sentence behind
bars, he is released but he still has to report to the
parole officer.
PAROLE
from the penal institution after serving the minimum
term of the sentence and after showing that he has
reformed.
REQUISITES FOR THE GRANT OF PAROLE (SMB)
1. The said convict must be Serving a sentence in jail
or in prison cell an indeterminate sentence which
must exceed one year based on the final conviction.
2. The convict has served the Minimum term of the
sentence.
3. Board of Pardons and Parole finds that his release
will not be inconsistent with the interest and
welfare of the State and that once released, he will
be a law abiding citizen.
THE FOLLOWING ARE DISQUALIFIED TO BE special or discretionary condition must not be
GIVEN AN INDETERMINATE SENTENCE restrictive, it must not be unduly restrictive of the
1. Those convicted of an offense punished by death, liberty and freedom of the said person granted
life probation.
imprisonment, or reclusion perpetua.
2. Those convicted of treason, conspiracy or proposal ARTICLE 66
to commit treason, CONSIDERATIONS IN IMPOSITIION OF FINES
3. Those convicted of misprision of treason, rebellion, 1. The presence of aggravating and mitigating
sedition, espionage. circumstances and the wealth.
4. Those convicted of piracy 2. Financial capability of the accused,
5. Those who are habitual delinquent
6. Those who have evaded the service of their ARTICLE 70
sentence, or those who have escape from Under the so-called three-fold rule, the maximum
confinement. duration of a convict sentence shall not exceed three
times the length of the most severe penalty but in no
PROBATION LAW case to exceed 40 years.
PROBATION
Probation is a disposition, under which a defendant ARTICLE 89
after conviction and sentence, is released based on MODES OF EXTINGUISHING CRIMINAL
conditions imposed by court and subject to supervision LIABILITY
by a probation officer. 1. By the death of the convict, as to the personal
penalties; and as to pecuniary penalties,
DISQUALIFIED TO AVAIL OF THE BENEFIT OF liability therefor is extinguished only when the
PROBATION death of the offender occurs before final
1. Those who have been sentenced to serve a judgment;
maximum term of imprisonment of more than six 2. By service of the sentence;
years. 3. By amnesty, which completely extinguishes the
2. Those who have been convicted of subversion or any penalty and all its effects;
of the crimes against national security or public 4. By absolute pardon;
order. 5. By prescription of the crime;
3. Those who have been convicted by final judgment of 6. By prescription of the penalty102;
an offense to which the law imposes a penalty of less 7. By the marriage of the offended woman, as
than one month and one day or less than 200 pesos. provided in Art. 344 of this Code.
4. Those who have been once on probation because
probation can be availed of by public only once. ARTICLE 90
Prescribed Penalty Prescription
IN OTHER LAWS Death, reclusión perpetua or
20 years
1. Under the Omnibus Election Code, under Section reclusión temporal
264 of the Omnibus Election Code, any person who Other afflictive penalties104 15 years
has been convicted of an election offense cannot Correctional penalty105, with
avail the benefit of probation. the
2. Under Section 24 of RA 9165, the Comprehensive exception of those punishable
Dangerous Drugs Act, those persons who have been 10 years
by
convicted of drug trafficking or drug pushing cannot 5 years
arresto mayor, which shall
avail of the benefit of probation. prescribe
in five years.
TWO CONDITIONS IMPOSED IN CASE OF Libel or other similar offenses 1 year
PERSONS GRANTED PROBATION Oral defamation and slander
1. General conditions— include the reporting to the 6 months
by deed
probation officer within 72 hours upon receipt of the Light offenses 2 months
order of probation. And then we have the continuous
reporting to the probation officer usually once every
month or depending on the terms of the sentence.
ARTICLE 91
These are the two mandatory or general conditions.
COMPUTATION OF PRESCRIPTION OF OFFENSE
2. Special or discretionary conditions – are
1. shall commence to run from the day on which
determinative on the sound discretion of the judge.
the crime is discovered by the
It is dependent solely on what the judge wants to
1.1.offended party,
impose as a condition taking into consideration the
1.2.the authorities, or
crime committed. The only limitation is that this
1.3.their agents, and
2. shall be interrupted by the filing of the
complaint or information, and ARTICLE 103
3. shall commence to run again when such REQUISITES FOR AN EMPLOYER TO BECOME
proceedings SUBSIDIARILY LIABLE (EI-FG)
3.1.terminate without the accused being 1. There must exist an Employee-employer
convicted or acquitted, or relationship.
3.2.are unjustifiably stopped for any reason not 2. That the employer is engaged in some kind of
imputable to him. Industry.
3. That at the time of the commission of the crime the
ARTICLE 94 employee is in the performance of his Function.
PARTIAL EXTINGUISHMENT OF CRIMINAL 4. That the employee was found Guilty beyond
LIABILITY reasonable doubt by final judgment and was found
1. By conditional pardon; insolvent to pay the civil liability.
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit ARTICLE 104
may earn while he is undergoing The civil liability includes:
3.1.preventive imprisonment or 1. Restitution
3.2.serving his sentence. 2. Reparation of damage caused
3. Indemnification of consequential damages
ARTICLE 100
INSTANCES WHERE THE FILING OF CRIMINAL Restitution is the return of the very thing taken.
ACTION, THE CIVIL ACTION DOES NOT GO WITH
IT Reparation of damages is next, the judge shall
1. When the private offended party waived the right to determine the actual value of the thing taken into
file a civil action. consideration its actual value plus the special
2. When the private offended party reserves the right sentimental value to the owner thereof and the same
to file a civil action which must be made before the will be imposed against the said accused.
presentation of evidence for the prosecution.
3. When the private offended party instituted a Indemnification of consequential damages, this is
separate civil action ahead of the criminal action. more
on torts in civil code. These includes:
INSTANCES WHERE ACQUITTAL IN CRIMINAL 1. Actual damages.
ACTION TOTALLY BARS RECOVERY IN THE 2. Moral damages.
CIVIL 3. Exemplary damages.
ACTION.
1. If the judgment of the court states that the act ARTICLE 113
imputed against the accused were not committed by How is civil liability extinguished?
him. It is more on civil law; it is extinguished in the same
2. If the judgment of acquittal states that the offender manner provided for in the civil code.
is not guilty of either criminal or civil negligence. 1. By payment of performance.
2. By the loss of the thing due.
ACQUITTAL IN THE CRIMINAL ACTION DOES 3. By the condonation or remission of the debt.
NOT BAR RECOVERY FROM THE CIVIL ACTION 4. By the confusion or merger of the rights of creditor
1. When the judgment of acquittal is based on and debtor.
reasonable doubt, because in civil action all you 5. By compensation.
need is preponderance of evidence. 6. By novation.
2. When the judgment of acquittal states that the 7. Annulment
liability of the offender is not criminal but civil in 8. Rescission
nature. (This usually happens in cases of estafa 9. Fulfillment of a resolutory condition
wherein there is a breach of contract) 10. Prescription (Article 1231, Civil Code)
3. When the civil liability of the offender arises from
other sources of obligation.