No matter how wrongful, evil or bad the
Criminal Law Reviewer (Art. 1-113)
Criminal Law – is that branch of public substantive law
which defines offenses and prescribes their penalties. It is
also that branch of municipal law, which defines crimes,
treats of their nature and provides for their punishment.
3 Characteristics of Criminal Law:
1) Generality - means that the criminal law of the
country governs all persons within the country
regardless of their race, belief, sex, or creed.
However, it is subject to certain exceptions
brought about by international agreement.
Ambassadors, chiefs of states and other diplomatic
officials are immune from the application of penal
laws when they are in the country where they are
assigned. (Hindi kasama dito ang diplomats, etc.)
2) Territoriality - means that the penal laws of the
country have force and effect only within its
territory. It cannot penalize crimes committed
outside the same. This is subject to certain
exceptions brought about by international
agreements and practice. The territory of the
country is not limited to the land where its
sovereignty resides but includes also its maritime
and interior waters as well as its atmosphere.
(kasama lahat dito!)
- Terrestrial: jurisdiction exercised over the
land
- Fluvial: jurisdiction over maritime and
interior waters (3-5 nautical miles from
the shore, sakop pa rin natin)
- Aerial: jurisdiction over the atmosphere
(airspace natin)
3) Prospectivity - Acts or omissions will only be
subject to a penal law if they are committed after
a penal law had already taken effect. Vice-versa,
this act or omission which has been committed
before the effectivity of a penal law could not be
penalized by such penal law because penal laws
operate only prospectively.
French Rule
The French Rule provides that the nationality of the vessel
follows the flag which the vessel flies, unless the crime
committed endangers the national security of a foreign
country where the vessel is within jurisdiction in which case
such foreign country will never lose jurisdiction over such
vessel.
American Rule / Anglo-Saxon Rule
This rule strictly enforces the territoriality of criminal law.
The law of the foreign country where a foreign vessel is
within its jurisdiction is strictly applied, except if the crime
affects only the internal management of the vessel in which
case it is subject to the penal law of the country where it is
registered.
°Nullum crimen, nulla poena sine lege” – There is no
crime when there is no law punishing the same.
- This is true to civil law countries, but not
to common law countries.
-
act is, if there is no law defining the act,
the same is not considered a crime.
- Common law crimes are wrongful acts
which the community/society condemns
as contemptible, even though there is no
law declaring the act criminal.
- Not any law punishing an act or omission
may be valid as a criminal law. If the law
punishing an act is ambiguous, it is null
and void.
“Actus non facit reum, nisi mens sit rea” – The act cannot
be criminal where the mind is not criminal.
- This is true to a felony characterized by
dolo, but not a felony resulting from
culpa.
- This maxim is not an absolute one because
it is not applied to culpable felonies, or
those that result from negligence.
“Mens Rea” – in layman’s terms: “bulls-eye” of a crime.
Synonymous with criminal or deliberate intent, but that is
not correct. It still depends on the elements of the crime.
You can only detect the mens rea of a crime by knowing the
particular crime committed. Without reference to a
particular crime, this term is meaningless.
Ex. In theft, mens rea is taking the property with intent to
gain. In falsification, mens rea, is the effect of the forgery
with intent to pervert the truth.
Mala in se:
- Which literally means, that the act is
inherently evil or bad or per se wrongful.
- These are punishable by our RPC.
- The intent is crucial.
Mala prohibita(um):
- These are violations of special laws.
- Example is possession of drugs (punishable
by Special Laws), ito yung kahit hindi mo
gagamitin or ibebenta, the mere fact na
nasa pagmamay-ari mo ito, bawal pa rin!
Felony: these are acts or omissions as defined by Article 3
of the RPC. They may be differentiated by dolo (deceit)
which is intentional, and culpa (fault) which is imprudence,
negligence, lack of skill or foresight.
Offense: are crimes punished under a special law is called
as statutory offense.
Misdemeanor: a minor infraction of the law, such as a
violation of an ordinance, is referred to as a misdemeanor.
Crime: whether the wrongdoing is punished under the
Revised Penal Code or under a special law, the generic word
crime can be used.
Mistake of Fact:
When the offender acted out of a mistake of fact, criminal
intent is negated, so do not presume that the act was done
with criminal intent. This is absolutory if crime involved
dolo.
Dolo has three requisites:
 1) Criminal Intent
2) Freedom of action
3) Intelligence
Culpa has three requisites as well:
1) criminal negligence on the part of the offender ,
that is, the crime was the result of negligence,
reckless imprudence, lack of foresight or lack of
skill;
2) freedom of action on the part of the offender, that
is, he was not acting under duress; and
3) Intelligence on the part of the offender in
performing the negligent act.
Distinction between Dolo and Culpa:
Dolo, has criminal intent, and culpa has criminal
negligence.
Criminal Intent has 2 categories:
1) General Criminal Intent: presumed from the mere
doing of a wrong act. This does not require proof.
2) Special Criminal Intent: not presumed because it
is an ingredient or element of a crime, like intent
to kill in the crimes of attempted or frustrated
homicide /parricide /murder. The prosecution has
the burden of proving the same.
May a crime be committed without criminal intent?
Yes. It is not necessary between these areas:
1) When the crime was committed was a product of
culpa or negligence, reckless imprudence, lack of
foresight or skill;
2) When the crime is a prohibited act under a special
law or what is called mala prohibita(um)
Distinction between intent and discernment:
Intent is the determination to do a certain thing, an aim or
purpose of the mind. On the other hand, discernment is the
mental capacity to tell right from wrong.
Distinction between intent and motive:
Intent is demonstrated by the use of a particular means to
bring about a desired result – it is not a state of mind or a
reason for committing a crime. On the other hand, motive
implies motion. It is the moving power which impels one to
do an act.
Distinction between negligence and imprudence:
(1) In negligence, there is deficiency of action;
(2) In imprudence, there is deficiency of
perception.
Criminal Liability:
This shall be incurred upon the person on the act of a crime
(gumawa ng krimen), whether:
Error in personae – mistake in identity (wrong person) Ex. A
wanted to kill B, but kill C instead, this is considered as
mistake in identity.
Abberatio ictus – mistake in blow (wrong shot; bullet went
the other way etc.) Ex. A shot B, but instead, the bullet
ricocheted (bounced off) from the wall and hit C. (best
example from CSI: Las Vegas where a guy in avoiding an
incoming blow and someone got hit instead and that fellow
died of injuries to the head hours later.)
Praeter intentionem – where the consequence exceeded the
intention. Ex. A dropped a pail of water on B’s head, his
intention was just a joke and getting B wet. But instead of
getting wet, B died due to hemorrhage to the skull suffered
from the injuries. (another best example in CSI: New York,
where a sorority member inserted a canister on an inhaler
of a “sister sorority” to set the mood (the said canister was
said to heighten sexual appetite) not knowing of her
previous condition (which was asthma) which collided and
thus killing her instead of setting mood, she died of
orgasm.)
Proximate cause:
Article 4, Paragraph 1, presupposes that the act done was a
proximate cause. It must be:
1) Direct
2) Natural
3) Logical consequence of the felonious act
Impossible Crime:
Is an act which would be an offense against person or
property were it not for the inherent impossibility of its
accomplishment or on account of the employment of
inadequate or ineffectual means.
Ex. A houseboy on the intention of raping his beautiful
master went upstairs unlocked the door and proceeded to
rape her without knowing that she was dead to begin with.
An impossible crime was committed.
Article 4, Paragraph 1 – this refers to the wrongful act
done constituted a felony, although it might be different
from what he intended. Ex. In saving D’s life from imminent
danger of being hit by an oncoming truck, A yanked him out
and set him aside. Not realizing that there were snakes or
spikes where he shoved him thus resulting in his death.
Article 4, Paragraph 2 – this refers to a situation where the
wrongful act did not constitute any felony, but because the
act would have given rise to a crime against persons or
against property, the same is penalized to repress criminal
tendencies to curtail their frequency.
Article 5 of the RPC covers two (2) instances:
1) The court cannot convict the accused because the
acts do not constitute a crime. The proper
judgment is acquittal, but the court is mandated to
report to the Chief Executive that said act be made
subject of penal legislation and why. Ex. There is
no crime committed, thus resulting in the person’s
freedom/acquittal. (best example from CSI: Miami,
when a guy was convicted of shooting a man, but
since there was no GSR (gunshot residue) found on
him, evidence showed otherwise, thus acquitting
him.)
2) Where the court finds the penalty prescribed for
the crime too harsh considering the conditions
surrounding the commission of the crime, the
judge should impose the law. The most that he
could do is to recommend to the Chief Executive to
grant executive clemency. Ex. In the case of
complex crimes, although the punishment be given
be the highest level of punishment, they
recommend to the President that the prisoner be
granted pardon or clemency (best example when
Michael Scofield’s brother Linc was pardoned by
the President)
Stages in committing a felony:
As emphasized on Article 6, the following are the stages:
1) Attempted – the crime was commenced first, but
only injuries were sustained.
2) Frustrated – the crime that happened was in
progress to 75% of the event, believing that the
victim was already dead, the killer fled the scene
not knowing that the victim still had a pulse and
survived because the victim was brought to the
hospital where he was saved.
3) Consummated – total death for the victim killed or
murdered.
 Note that there is no frustrated rape only
consummated, no matter how the penetration
happened, it was still consummated.
 There is no frustrated robbery, only desistance,
meaning the person about to rob the store was
overcome by guilt and changed his mind later.
 There is no frustrated or attempted oral
defamation, it is always in the consummated stage.
Formal Crimes – are crimes which are consummated in one
instance.
The difference between attempted and frustrated stage lies
on whether the offender has performed all the acts or
execution for the accomplishment of the crime.
Literally, under the article 6, if the offender has performed
all the acts of execution which should produce the felony as
a consequence but the felony was not realized, then the
crime is already in the frustrated stage. If the offender has
not yet performed all the acts of execution – there is yet
something to be performed – but he was not able to perform
all the acts of execution due to some cause or accident
other than his own spontaneous desistance, then you have
an attempted felony.
Desistance:
On the part of the offender negates criminal liability in the
attempted stage. Desistance is true only in the attempted
stage of the felony. If under the definition of the felony,
the act done is already in the frustrated stage, no amount
of desistance will negate criminal liability.
Whether the felony is attempted, frustrated or
consummated, here are the following criteria involved:
1) The manner of committing the crime;
2) The elements of the crime; and
3) The nature of the crime itself
Manner of committing a crime
Ex. Bribery. Can the crime of frustrated bribery be
committed? No.
It usually takes 2 to tango. Meaning there is a principal and
an accomplice. And 2 people to take part in the crime. As
mentioned earlier there is no such thing as frustrated rape.
In rape, it requires the connection of the offender and the
offended party. No penetration at all, there is only an
attempted stage. Slightest penetration or slightest
connection, consummated. You will notice this from the
nature of the crime requiring two participants.
On physical injuries
In order that in law, a deformity can be said to exist, three
factors must concur:
(1) The injury should bring about the ugliness;
(2) The ugliness must be visible;
(3) The ugliness would not disappear through natural
healing process.
Elements of a crime:
1) Element of intent to damage
2) The damage inflicted
3) Intent to gain
Nature of crime:
1) Grave
2) Light
Conspiracy and proposal to commit felon
For conspiracy to exist:
1) There is an agreement
2) The participants acted in concert or simultaneously
which is indicative of a meeting of the minds
towards a common criminal goal or criminal
objective. When several offenders act in a
synchronized, coordinated manner, the fact that
their acts complimented each other is indicative of
the meeting of the minds. There is an implied
agreement.
Two (2) kinds of conspiracy:
1) Conspiracy as a crime – more of national security
(like coup d’etat)
2) Conspiracy as a manner of incurring criminal
liability – following an attack, the 2 offenders
conspired to get back at the person who attacked
them thus resulting in his death.
Proposal to commit murder is not a crime. But if B accepts
the proposal, there will be conspiracy to commit murder
which is a crime under the Revised Penal Code.
When the conspiracy is only a basis of incurring criminal
liability, there must be an overt act done before the co-
conspirators become criminally liable. When the conspiracy
itself is a crime, this cannot be inferred or deduced because
there is no overt act. All that there is the agreement. On
the other hand, if the co-conspirator or any of them would
execute an overt act, the crime would no longer be the
conspiracy but the overt act itself.
Composite crimes – are crimes which, in substance, consist
of more than one crime but in the eyes of the law, there is
only one crime. Ex. Crimes with robbery with rape, robbery
with homicide, robbery with physical injuries.
Complex crimes – are crimes which in sum, consist of a
mixture of two crimes, but the penalty that will be imposed
shall be the one with the graver offense.
Classifications of felonies:
1) According to the manner of their commission.
Under Article 3, they are classified as, intentional
felonies or those committed with deliberate intent;
and culpable felonies or those resulting from
 negligence, reckless imprudence, lack of foresight
or lack of skill.
2) According to the stages of their execution. Under
Article 6., felonies are classified as attempted
felony when the offender commences the
commission of a felony directly by overt acts, and
does not perform all the acts of execution which
should produce the felony by reason of some cause
or accident other than his own spontaneous
desistance; frustrated felony when the offender
commences the commission of a felony as a
consequence but which would produce the felony
as a consequence but which nevertheless do not
produce the felony by reason of causes
independent of the perpetrator; and,
consummated felony when all the elements
necessary for its execution are present.
3) According to their gravity. Under Article 9, felonies
are classified as grave felonies or those to which
attaches the capital punishment or penalties which
in any of their periods are afflictive; less grave
felonies or those to which the law punishes with
penalties which in their maximum period was
correccional; and light felonies or those infractions
of law for the commission of which the penalty is
arresto menor.
There are five (5) circumstances affecting criminal liability:
1) Justifying circumstances
2) Exempting circumstances
3) Mitigating Circumstances
4) Aggravating Circumstances
5) Alternative Circumstances
There are 2 others found elsewhere in the provision of the
RPC:
1) Absolutory cause
2) Extenuating circumstances
Absolutory cause: The effect of this is to absolve the
offender from criminal liability, although not from civil
liability. It has the same effect as an exempting
circumstance, but you do not call it as such in order not to
confuse it with the circumstances under Article 12. It has
the effect of an exempting circumstance and they are
predicated on lack of voluntariness like instigation.
Instigation is associated with criminal intent.
Difference between instigation and entrapment
In instigation, the criminal plan or design exists in the mind
of the law enforcer with whom the person instigated
cooperated so it is said that the person instigated is acting
only as a mere instrument or tool of the law enforcer in the
performance of his duties.
On the other hand, in entrapment, a criminal design is
already in the mind of the person entrapped. It did not
emanate from the mind of the law enforcer entrapping him.
Entrapment involves only ways and means which are laid
down or resorted to facilitate the apprehension of the
culprit.
Extenuating circumstance
The effect of this is to mitigate the criminal liability of the
offender. In other words, this has the same effect as
mitigating circumstances, only you do not call it mitigating
because this is not found in Article 13.
Distinction between Justifying and Exempting
Circumstances:
Justifying Circumstances:
1) The circumstance affects the act, not the actor;
2) The act complained of is considered to have been
done within the bounds of law; hence, it is
legitimate and lawful in the eyes of the law;
3) Since the act is considered lawful, there is no
crime, and because there is no crime, there is no
criminal;
4) Since there is no crime or criminal, there is no
criminal liability as well as civil liability
Exempting Circumstances:
1) The circumstances affect the actor, not the act;
2) The act complained of is actually wrongful, but the
actor acted without voluntariness. He is a mere
tool or instrument of the crime;
3) Since the act complained of is actually wrongful,
there is a crime. But because the actor acted
without voluntariness, there is absence of dolo or
culpa. There is no criminal;
4) Since there is a crime committed but there is no
criminal, there is civil liability for the wrong done.
But there is no criminal liability. However, in
paragraphs 4 and 7 of Article 12, there is neither
criminal nor civil liability.
Justifying Circumstances:
Since the justifying circumstances are in the nature of
defensive acts, there must be always unlawful aggression.
The reasonableness of the means employed depends on the
gravity of the aggression. If the unlawful aggressor was
killed, this can only be justified if it was done to save the
life of the person defending or the person being defended.
The equation is “life was taken to save life.”
Self defense:
It is the element of unlawful aggression that is in issue.
Never confuse unlawful aggression with provocation. Mere
provocation is not enough.
Defense of property rights
This can only be invoked if the life and limb of the person
making the defense is also the subject of unlawful
aggression. Life cannot be equal to property.
Defense of stranger
If the person being defended is already a second cousin, you
do not invoke defense of relative anymore. It will be
defense of stranger. This is vital because if the person
making the defense acted out or revenge, resentment or
some evil motive in killing the aggressor, he cannot invoke
the justifying circumstance if the relative defended is
already a stranger in the eyes of the law. On the other
hand, if the relative defended is still within the coverage of
defense of relative, even though he acted out of some evil
motive, it would still apply. It is enough that there was
unlawful aggression against the relative defended, and that
the person defending did not contribute to the unlawful
aggression.
Incomplete self-defense or incomplete justifying
circumstance or incomplete exempting circumstances
When you say incomplete justifying circumstance, it means
that not all the requisites to justify the act are present or
not the requisites to exempt from criminal liability are
present.
First, to have incomplete self-defense, the offended party
must be guilty of unlawful aggression. Without this, there
can be no incomplete self-defense, defense of relative, or
defense of stranger.
Second, if only the element of unlawful aggression is
present, the other requisites being absent, the offender
shall be given only the benefit of an ordinary mitigating
circumstance.
Third, if aside from the element of unlawful aggression
another requisite, but not all, are present, the offender
shall be given the benefit of a privileged mitigating
circumstance. In such a case, the imposable penalty shall
be reduced by one or two degrees depending upon how the
court regards the importance of the requisites present. Or
absent.
State of necessity – this is the commission of a crime to
avoid an imminent and clear present danger.
Fulfillment of duty – this is the commission of the crime in
line of duty, and there are 2 conditions:
1) The felony was committed while the offender was
in the fulfillment of a duty or in the lawful exercise
of a right or office; and
2) The resulting felony is the unavoidable
consequence of the due fulfillment of the duty or
the lawful exercise of the right or office
Exempting Circumstances:
The reason for the exemption lies on the involuntariness of
the act – one or some of the ingredients of voluntariness
such as criminal intent, intelligence, or freedom of action
on the part of the offender is missing.
This includes:
1) Imbecility and insanity – take note on the grounds
of insanity the accused acted with complete
deprivation of intelligence in committing the crime
and test of volition, whether the accused acted in
total deprivation of freedom of will.
2) Minority
“Damnum absque injuria” – the offender is exempt from
criminal liability but of civil liability as well.
Mitigating Circumstances:
These are accompanying or accessory condition, event, or
fact that (though not constituting a justification or excuse
of an offense) may be considered by the courts as reducing
the degree of culpability or liability of the accused. Such
circumstances may include family or personal situations,
and may help in attracting a sentence less severe than a
typical sentence for similar offenses.
There are two distinctions: ordinary and privileged.
1) As to the nature of the circumstances, ordinary
mitigating circumstance can be offset by
aggravating circumstances, while privileged can
never be offset.
2) As to effect, ordinary, if not offset will operate to
reduce the penalty to a minimum period, provided
the penalty is a divisible one (negotiable. Meaning
if you hear the words of an officer Man 1, but
because of the offender’s confession and divulging
of other vital information, Man 1 with reduced
sentence of up to 5 years with probation). With
privileged, it operates to reduce the penalty by
one or two degree, depending on what the law
provides.
Sufficient threat or provocation:
This is mitigating only if the crime was committed on the
very person who made the threat or provocation. The
common set-up given in a bar problem is that of provocation
was given by somebody. The person provoked cannot
retaliate against him; thus, the person provoked retaliated
on a younger brother or on an elder father. Although in
fact, there is sufficient provocation, it is not mitigating
because the one who gives the provocation is not the one
against whom the crime was committed.
Diminished self control has two criteria:
1) Time has lapsed after the provocation was initially
given (ex. A guy was insulted at this moment, and
retaliated back after 24 hours. Giving him enough
time to think of his actions)
2) If there is that time element and at the same time,
facts are given indicating that at the time the
offender committed the crime, he is still suffering
from outrage of the threat or provocation done to
him, then he will still get the benefit of this
mitigating circumstance.
Vindication of a grave offense, the vindication need not be
done by the person upon whom the grave offense was
committed.
Passion or obfuscation – this stands on the premise or
proposition that the offender is suffering from a diminished
self-control because of passion or obfuscation. Passion must
be legitimate.
This occurs when an assault on spouse or loved one is
prominent, and because of a jealous outbreak you end up
killing the person assaulting your spouse or loved-one.
Physical defect is another mitigating circumstance.
Regardless of any physical defect a person may still commit
a crime as the other parts of the body are fully functioning
and could still commence the crime. Blind, and invalid are
not exempted. Some parts of their body are still working.
Aggravating Circumstances:
Circumstances that increase the seriousness or
outrageousness of a given crime, and that in turn increase
the wrongdoer's penalty or punishment.
These are the kinds of aggravating circumstances:
1) Generic or those that can generally apply to all
crime;
2) Specific or those that apply only to a particular
crime
3) Qualifying or those that change that change the
nature of the crime
4) Inherent or those that must of necessity
accompany the commission of the crime
Distinctions between Aggravating and Qualifying
circumstances
In aggravating:
1) The circumstance could be offset by a mitigating
circumstance,
2) No need to allege this circumstance in the
information, as long as it is proven during trial. If it
is proved during trial, the court would consider the
same in imposing the penalty;
3) It is not an ingredient of a crime. It only affects
the penalty to be imposed but the crime remains
the same
In qualifying circumstances:
1) The circumstance affects the nature of the crime
itself such that the offender shall be liable for a
more serious crime. The circumstance is actually
an ingredient of the crime
2) Being an ingredient of the crime, it cannot be
offset by any mitigating circumstance
3) Qualifying circumstances to be appreciated as such
must be specifically alleged in the complaint or
information. If not alleged but proven during the
trial, it will be considered only as generic
aggravating circumstance. If this happens, they are
susceptible of being offset by a mitigating
circumstance
Aggravating circumstances includes:
1) Taking advantage of public position – this means
you use public office as a medium to commence a
crime thinking that you wouldn’t be convicted
(well guess again!)
2) Disrespect due to age, rank and sex –this refers to
old, young and for the sex, it’s the female
3) Abuse of confidence – this is not mere betrayal of
trust just because in example you left your
daughter in the trust of a neighbor and your
neighbor rapes your daughter. That is not
aggravating, what is aggravating if it was done to
you.
4) Dwelling – this refers to house, regardless if its
yours or not!
5) Band – obviously this refers to more than 3 people!
It would be bad enough as it is if one person kills
you, but a group? (hello! Common sense!)
6) Uninhabited place – this refers to an area far away
from civilization, if this is you, it would be so
unfair as the criminal intends that you won’t be
saved, this is considered as aggravating.
7) Nighttime – you are rendered defenseless at this
point in moment in time. You are sleeping, so
killing you while sleeping aggravates the whole
thing!
8) Treachery – violation of allegiance or faith. You
create this once your allegiance/loyalty to
someone is destroyed.
9) Evident premeditation – it means you planned this
all along!!!
10) Breaking and entering is included as well!
11) If you ask the aid of people below 15 years of age,
the crime gets aggravated! (best example CSI:
Miami, when an offender asked the aid of Horatio’s
son Kyle who at the time of the offense was 15,
ranking him as a juvenile)
12) Craft, disguise or fraud be used in committing a
crime.
13) If you create an explosion, poison, stranding a
vessel, fire, (all man-made accidents) these also
aggravate the situation. If you use these examples
to hide your crime, then you’re facing jail time for
a lifetime.
14) If you accepted a bribe, reward or price in
exchange for a commencement of a crime, well
consider these things aggravating.
15) Another aggravating circumstances, you kill
someone and being a show-off, you exposed the
person, not only dead, but naked as well and hung
him on a tree, this is ignominy. Kumbaga sa dead,
double-dead na ito!
16) If you use your size to get your way and in the end
resulting in death, then this is also considered as
aggravating.
17) During natural causes of accidents like earthquake
or epidemic and you used it as a cover for your
crime, this is also aggravating. (Best example of
this, CSI: Miami, a robbery took place during a
tsunami event. The robbers used a geologist to
cover for them. Talk about good research! But
regardless, it’s still aggravating circumstances)
18) If you commit a crime in the executive palace,
regardless of the existence of the president or not,
the grounds are still aggravating. Especially if you
shoot a gun inside a church!
19) If you insult a public officer, that is also an
aggravating circumstance.
20) If you also asked the help of armed men, it also
aggravates the case.
Recidivism – the offender at the time of the trial shall have
been previously convicted by final judgment of another in
the same title of the RPC. Ex. A guy committed murder last
2 months ago, and now he is being convicted of homicide.
Reiteration – the offender has been punished for an offense
which the law attaches an equal greater penalty for two or
more crimes to which it attaches a lighter penalty. This
time, separate titles are applicable. Ex. Robbery with rape
is a good example.
Habitual delinquency – the offender within a 10-year period
from the date of release or conviction of the crimes:
robbery, estafa, murder, the third time.
Alternative Circumstance:
These offenses are against your family (relationship)
These offenses also cover the part when you’re drunk (so
stop drinking!)
It doesn’t care if you’ve finished a college degree or a
simple 1st grader. Everyone has a tendency to become a
murderer.
The following are Criminally Liable for Grave felonies:
1) Principals – main doers of the crime
2) Accomplices – the one who helped in the execution
3) Accessories – one may not be there during the
crime, but after you help hide the evidence
(obstruction of justice ito)
The following are Criminally Liable for Light felonies:
1) Principals
2) Accomplices
 a final sentence has been pronounced and the convict is
Grave felonies: serving the same.
These felonies are punishable by the highest possible
punishment: lifetime imprisonment or 6-30 years. Examples : With relation to Art. 4 of the Civil Code: “Laws shall have
are rape, murder, robbery, treason. no retroactive effect unless otherwise provided,” meaning,
laws are usually prospective. They never look back. Say for
Light felonies: example, a man committed a crime of murder, if he was
These felonies, are punishable by lightest punishments: sentenced for the penalty of the death sentence, and since
arresto menor, bail. These are commenced due to it was abolished, it will no longer follow. Should it be
infractions and misdemeanors. implemented back, he is no longer covered by such
punishment.
Accessories who are exempt from Criminal Liability are your
relatives, siblings, spouses. Art. 23. Effect of pardon by the offended party. — A
pardon of the offended party does not extinguish criminal
Punishments given for Grave Felonies: action except as provided in Article 344 of this Code; but
1) Reclusion perpetua civil liability with regard to the interest of the injured
2) Reclusion temporal party is extinguished by his express waiver.
3) Perpetual or temporary disqualification
4) Perpetual or special disqualification : This is in connection to the pardoning of the President to
5) Prision mayor the accused. Usually in the case of rape, unless the person
is forgiven by the victim, then the offender is not pardoned.
Correctional penalties: The difference between amnesty and pardon lies between
1) Prision correccional the erasure of the conviction and the crime itself. Pardon,
2) Arresto mayor excuses the convict from serving the sentence.
3) Suspension Ex: Suppose, instead of amnesty, what was given was
4) Destierro absolute pardon, then years later, the offender was again
captured and charged for rebellion, he was convicted, is he
Light penalties a recidivist?
1) Arresto menor
2) Public censure A: Yes, he is.

Penalties common to the three preceding classes: Pardon, although absolute, does not erase the effects of
1) Fine and conviction. It only excuses the accused from serving his
2) Bond to keep the peace. sentence.

In the case at bar, the accused was awarded or given

Art. 21. Penalties that may be imposed. — No felony shall
pardon, not amnesty, which erases not only the conviction
be punishable by any penalty not prescribed by law prior
but also the crime itself. He then commits a crime of
to its commission.
rebellion, thereby making him a recidivist.
: Meaning, you cannot punish anyone with any penalty if he
Art. 24. Measures of prevention or safety which are not
or she did not commit any crime, thus the legal maxim:
considered penalties. — The following shall not be
“Nullum crimen, nulla poena sine lege” - There is no crime
considered as penalties:
when there is no law punishing the same.
1. The arrest and temporary detention of accused
Ex: A man was convicted of murder, but his alibi and
persons, as well as their detention by reason of insanity
evidence showed otherwise. Should the man be convicted of
or imbecility, or illness requiring their confinement in a
murder or not?
hospital.
2. The commitment of a minor to any of the institutions
A: No, he shouldn’t be.
mentioned in Article 80 and for the purposes specified
therein.
There was no felony committed, therefore, no penalty is
3. Suspension from the employment of public office
prescribed by law punishing it, thus the legal maxim:
during the trial or in order to institute proceedings.
Nullum crimen, nulla poena sine lege – there is no crime
4. Fines and other corrective measures which, in the
when there is no law punishing the same.
exercise of their administrative disciplinary powers,
superior officials may impose upon their subordinates.
In the case given, although the man was convicted of
5. Deprivation of rights and the reparations which the
murder, the evidence and alibi does not tie him to the
civil laws may establish in penal form.
crime.
: The abovementioned are not penalties for a crime. Rather
Thus eliminating him of any liability for there was no crime
they are just part of due process given to an accused.
committed.
Art. 25. Penalties which may be imposed. – The penalties
Art. 22. Retroactive effect of penal laws. — Penal Laws
which may be imposed according to this Code, and their
shall have a retroactive effect insofar as they favor the
different classes, are those included in the following:
persons guilty of a felony, who is not a habitual criminal,
as this term is defined in Rule 5 of Article 62 of this
Capital punishment: Death
Code, although at the time of the publication of such laws
Afflictive penalties: Reclusion perpetua, Reclusion
temporal, Perpetual or temporary absolute
disqualification, Perpetual or temporary special
disqualification, Prision mayor.
Correctional penalties: Prision correccional, Arresto
mayor, Suspension, Destierro.
Penalties common to the three preceding classes: Fine,
and Bond to keep the peace.
Accessory Penalties:
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Suspension from public office, the right to vote and be
voted for, the profession or calling
Civil interdiction
Indemnification
Forfeiture or confiscation of instruments and proceeds of
the offense
Payment of costs
: The abovementioned are penalties imposed on the
criminal offenses being committed by offenders.
Art. 26. When afflictive, correctional, or light penalty. —
A fine, whether imposed as a single of as an alternative
penalty, 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 less than 200 pesos;
and a light penalty if it less than 200 pesos.
: This means you could just pay for bail, if what you
committed did not meet the penalties mentioned in the
preceding article.
Art. 27. Reclusion perpetua. – Any person sentence to any
of the perpetual penalties shall be pardoned after
undergoing the penalty for thirty years, unless such
person by reason of his conduct or some other serious
cause shall be considered by the Chief Executive as
unworthy of pardon. (20 years and 1 day to 40 years)
Reclusion temporal. – The penalty of reclusion temporal
shall be from twelve years and one day to twenty years.
Prision mayor and temporary disqualification. – The
duration of the penalties of prision mayor and temporary
disqualification shall be from six years and one day to
twelve years, except when the penalty of disqualification
is imposed as an accessory penalty, in which case its
duration shall be that of the principal penalty.
Prision correccional, suspension, and destierro. — The
duration of the penalties of prision correccional,
suspension and destierro shall be from six months and
one day to six years, except when suspension is imposed
as an accessory penalty, in which case, its duration shall
be that of the principal penalty.
Arresto mayor. — The duration of the penalty of arresto
mayor shall be from one month and one day to six
months.
Arresto menor. — The duration of the penalty of arresto
menor shall be from one day to thirty days.
Bond to keep the peace. — The bond to keep the peace
shall be required to cover such period of time as the
court may determine.
: The abovementioned penalties are to be given on
offenders when they have committed a crime, depending on
the lightness and gravity of the crime committed. The
gravest being Reclusion perpetua since the Death sentence
has been abolished. And bond to keep peace as the lightest.
Art. 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 the duration
of the penalty consisting of deprivation of liberty shall be
computed from the day that the 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 only from the day on which the defendant
commences to serve his sentence.
: This refers to the duration of the sentence.
Ex: True or false, a man was convicted of Reclusion
temporal after committing a crime of homicide should be
serving a sentence of twenty years and one day to forty
years?
A: False.
The Revised Penal Code provides that Reclusion temporal is
supposed to be served twelve years and one day to twenty
years.
In the case at bar, the man committed homicide and was
punished with Reclusion temporal. The years that was
mention in the prescription was for Reclusion perpetua.
Art. 29. Period of preventive imprisonment deducted
from term of imprisonment. — Offenders who have
undergone preventive imprisonment shall be credited in
the service of their sentence consisting of deprivation of
liberty, with the full time during which they have
undergone preventive imprisonment, if the detention
prisoner agrees voluntarily in writing to abide by the
same disciplinary rules imposed upon convicted
prisoners, except in the following cases:
1. When they are recidivists or have been convicted
previously twice or more times of any crime; and
2. When upon being summoned for the execution of their
sentence they have failed to surrender voluntarily.
If the detention prisoner does not agree to abide by the
same disciplinary rules imposed upon convicted
prisoners, he shall be credited in the service of his
sentence with four-fifths of the time during which he has
undergone preventive imprisonment.
Whenever an accused has undergone preventive
imprisonment for a period equal to or more than the
possible maximum imprisonment of the offense charged
to which he may be sentenced and his case is not yet
terminated, he shall be 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.
: This is in reference to offenders who have served their
sentences to prevent them from committing another crime.

Art. 30. 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 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.
: This is in line with the sentence: Public office is a public
trust.
Ex: A public officer committed a crime of rape with murder.
His final judgment was perpetual or temporary absolute
disqualification. Do you agree with the judgment or not?
A: Yes, I agree with the judgment.
Public office is a public trust. And if a public officer
commenced such crime, he is not fit to be trusted and must
be stripped of his duties and obligations to the public.
In the given case at bar, the public officer committed rape
with murder, therefore, he cannot be trusted and must be
stripped of his office, duties and obligations as a public
officer, as public office is a public trust.
Art. 31. Effect of the penalties of perpetual or
temporary special disqualification. — The penalties of
perpetual or temporal 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.
: People in office who had committed a crime shall be
deprived of their office. Like in royalty for example, if the
king commits a crime, he is forced to abdicate and thereby
stripped of his title and office.
Art. 32. Effect 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
during the period of his disqualification.
: Again with connection to public office is a public trust, the
offender may not hold any office during his term of
sentence. They will be deprived the right to vote in any
popular election for any public office.
Art. 33. Effects of the penalties of suspension from any
public office, profession or calling, or the right of
suffrage. — The suspension from public office, profession
or calling, and the exercise of the right of suffrage shall
disqualify the offender from holding such office or
exercising such profession or calling or right of suffrage
during the term of the sentence.
The person suspended from holding public office shall not
hold another having similar functions during the period of
his suspension.
: In connection with the holding of public office, one may
be suspended from holding public office and shall not hold
another having similar functions during the period of his
suspension.
Art. 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.
: During the term of sentence, one who is convicted is
stripped of rights to parental authority, guardianship,
marital authority and right to manage his property.
Art. 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 the judgment, or otherwise to deposit such
amount in the office of the clerk of the court to
guarantee said undertaking.
The court shall determine, according to its discretion,
the period of duration of the bond.
Should the person sentenced fail to give the bond as
required he shall be detained for a period which shall in
no case exceed six months, is he shall have been
prosecuted for a grave or less grave felony, and shall not
exceed thirty days, if for a light felony.
: In connection to payment of any bail or bond, as to keep
the peace and sanctity of the place.
Art. 36. Pardon; its effect. — A pardon shall not work the
restoration of the right to hold public office, or the right
of suffrage, unless such rights be expressly restored by
the terms of the pardon.
A pardon shall in no case exempt the culprit from the
payment of the civil indemnity imposed upon him by the
sentence.
: Pardon is differentiated from amnesty. As pardon excuses
the sentence but not the crime, and amnesty excuses both
the sentence and the crime.
Art. 37. Cost; What are included. — Costs shall include
fees and indemnities in the course of the judicial
proceedings, whether they be fixed or unalterable
amounts previously determined by law or regulations in
force, or amounts not subject to schedule.
: These are the fees included in paying the bail, or other
form of obligations you have when you are accused.

Art. 38. Pecuniary liabilities; Order of payment. — In
case the property of the offender should not be sufficient
for the payment of all his pecuniary liabilities, the same
shall be met in the following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.
: When things are to be repaired, or when things are taken,
its either you pay back the equal amount in which the
victim paid for it or you find a way to repair it.
Art. 39. Subsidiary penalty. — If the convict has no
property with which to meet the fine mentioned in the
paragraph 3 of the nest 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 and fine, he shall remain under confinement
until his fine referred to 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 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.chan robles virtual law library
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.
: This is in case a person convicted cannot pay for the same,
they will follow the abovementioned guidelines with regard
to payment.
Art. 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
sentence, unless such accessory penalties have been
expressly remitted in the pardon.
: This has been abolished, so, at some point no longer
applicable. Although it is still included in the RPC, it is
respected as a resource.
Art. 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.
Art. 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.
Art. 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 the
article although pardoned as to the principal penalty,
unless the same shall have been expressly remitted in the
pardon.
Art. 44. Arresto; Its accessory penalties. — The penalty
of arresto shall carry with it that of suspension of the
right too hold office and the right of suffrage during the
term of the sentence.
Art. 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 tools shall be
confiscated and forfeited in favor of the Government,
unless they be property of a third person not liable for
the offense, but those articles which are not subject of
lawful commerce shall be destroyed.
Art. 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 is
general terms, it shall be understood as applicable to the
consummated felony.
: This means, all the crimes have been on the consummated
stage.
Art. 47. In what cases the death penalty shall not be
imposed. — The death penalty shall be imposed in all
cases in which it must be imposed under existing laws,
except in the following cases:
1. When the guilty person be more than seventy years of
age.
2. When upon appeal or revision of the case by the
Supreme court, all the members thereof are not
unanimous in their voting as to the propriety of the
imposition of the death penalty. For the imposition of
said penalty or for the confirmation of a judgment of the
inferior court imposing the death sentence, the Supreme
Court shall render its decision per curiam, which shall be
signed by all justices of said court, unless some member
or members thereof shall have been disqualified from
taking part in the consideration of the case, in which
even the unanimous vote and signature of only the
remaining justices shall be required.
: Although the Death sentence is no longer commutable,
this is to be implemented once a person is convicted.
Art. 48. Penalty for complex crimes. — When a single act
constitutes two or more grave or less grave felonies, or
when an offense is a necessary means for committing the
other, the penalty for the most serious crime shall be
imposed, the same to be applied in its maximum period.
: This is when a single act, becomes a crime.
Ex: In the intention of keeping the peace, a police, fires a
gun towards a robber, but since the bullet did a projectile
hitting another bystander thereby killing two people. Was
there a complex crime committed?
A: Yes, there was.
Complex crime is defined as a single act that constitutes
two or more grave or less grave felonies.
In the given case at bar, the police in the intention of
keeping the peace, although he fired the gun at the robber,
the bullet did a projectile which hits a bystander, thus
killing them both.
Thus, the police committed a complex crime.
Art. 49. Penalty to be imposed upon the principals when
the crime committed is different from that intended. —
In cases in which the felony committed is different from
that which the offender intended to commit, the
following rules shall be observed:
1. If the penalty prescribed for the felony committed be
higher than that corresponding to the offense which the
accused intended to commit, the penalty corresponding
to the latter shall be imposed in its maximum period.
2. If the penalty prescribed for the felony committed be
lower than that corresponding to the one which the
accused intended to commit, the penalty for the former
shall be imposed in its maximum period.
3. The rule established by the next preceding paragraph
shall not be applicable if the acts committed by the guilty
person shall also constitute an attempt or frustration of
another crime, if the law prescribes a higher penalty for
either of the latter offenses, in which case the penalty
provided for the attempted or the frustrated crime shall
be imposed in its maximum period.
: This is to be imposed on the principal criminal regardless
of praeter intentionem (or the crime committed is different
from what was intended), the maximum is to be imposed.
Art. 50. 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 principal in a frustrated
felony.
: Referring to the graduated scale of penalties, the penalty
to be given in frustrated crime is the next lower in degree.
Ex: A crime of frustrated rape is committed. Rape is usually
punishable with Reclusion perpetua, but in the case of
frustrated rape the next lower degree punishment will be
imposed which is Reclusion temporal.
Art 51. Penalty to be imposed upon principals of
attempted crimes. — A 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.
: This punishment say for example is to be imposed on
attempted rape, then two (2) degrees lower which is Prision
mayor.
Art. 52. Penalty to be imposed upon accomplices in
consummated crime. — The penalty next lower in degree
than that prescribed by law for the consummated shall be
imposed upon the accomplices in the commission of a
consummated felony.
Art. 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.
Art. 54. Penalty to imposed upon accomplices in a
frustrated crime. — The penalty next lower in degree
than prescribed by law for the frustrated felony shall be
imposed upon the accomplices in the commission of a
frustrated felony.
Art. 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.
Art. 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.
Art. 57. Penalty to be imposed upon accessories of an
attempted crime. — The penalty lower by two degrees
than that prescribed by law for the attempted felony
shall be imposed upon the accessories to the attempt to
commit a felony.
Art. 58. Additional penalty to be imposed upon certain
accessories. — Those accessories falling within the terms
of paragraphs 3 of Article 19 of this Code who 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.
Art. 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 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 from 200 to 500 pesos.
: This is with connection to impossible crime, where the
crime committed and its way of commission is so
impossible.
Ex: A brother, on the intent of killing his brother, bought a
poison for his brother’s food. But the pharmacist gave him
cheese flavor powder instead, which did not kill his brother.
Was an impossible crime committed or not?
A: Yes, there was an impossible crime committed.
An impossible crime is a commencement of a crime that the
means of committing it is so impossible that even with the
intent of killing the person did not affect the person
instead.
In the case at bar, the brother with an intention on killing
his brother bought poison, but instead was given cheese
powder thereby not killing him.
Art. 60. Exception 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 prescribes the penalty provided
for a frustrated or attempted felony, or to be imposed
upon accomplices or accessories.
Art. 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.
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.
: This is in connection to the penalties once the scale has
graduated. Either the years get added or subtracted.
Art. 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 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.
: This article pertains to when the aggravating circumstance
is offset by mitigating circumstance and thus the
computation is either commuted or reduced. This is in the
case of serious physical injury, robbery, estafa, homicide
and this is referred to recidivists or repeat offenders or
habitual delinquents.
Art. 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.
: If the crime committed is in the aggravating circumstance,
the greater penalty is given, this includes:
1) Reclusion perpetua
2) Reclusion temporal
2. When there are neither mitigating nor aggravating
circumstances and there is no aggravating circumstance,
the lesser penalty shall be applied.
: If both the mitigating and aggravating are missing in the
element of the crime, a lesser penalty shall be applied. This
pertains to:
1) Prision mayor
2) Arresto mayor
3) Arresto menor
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.
: This is in the presence of a mitigating circumstance but no
aggravating, a lesser penalty is to be administered.
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.
: This is in the case where both are present, then one can
offset the other by either reducing the number of years.
Art. 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.
: This is in case neither the aggravating nor mitigating is
present, the medium penalty is given.
2. When only a mitigating circumstances is present in the
commission of the act, they shall impose the penalty in
its minimum period.
: In this case, the minimum period (it may be arresto menor
or bond) that will be given as punishment to the accused.
3. When an aggravating circumstance is present in the
commission of the act, they shall impose the penalty in
its maximum period.
: Granting in this case that an aggravating circumstance was
present in the commission of the crime, maximum is to be
implemented: Reclusion perpetua.
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.
: In the case at bar, one may offset the other granting that
both the mitigating and aggravating is present in the
commencement of the crime.
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.
: In the case where there two or more mitigating
circumstances but no aggravating present, the court shall
impose a lower penalty than that prescribed by law.
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.
: Death may not be imposed regardless of how aggravating
the circumstances are.
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.
: This is in favor of the gravity of the crime commenced by
the offender.
Art. 65. Rule in cases in which the 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.
: Instead of doing three (3) separate periods of penalty, it
will be done consecutively at the same time.
Art. 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.
: Fines that could be accommodated by the wealth or
means of the culprit are to be adjusted in case he/she may
not be able to pay. This is to be determined by the courts.
Art. 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 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.
: This is to be given on the case of any person who, while
performing a lawful act with due care, causes an injury by
mere accident without fault or intention of causing it, as
provided by the Penal Code, under paragraph 4 of Art. 12,
then the maximum period of arresto mayor to the minimum
period of prision correccional is to be imposed.
Art. 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.
: This is in connection to offenders who are minors, but
upon reaching 18 may be tried as an adult.
Art. 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.
: With connection to Justifying Circumstances and
Circumstances which exempt from criminal liability, the
penalty is either one or two degree lower, and may be
imposed only in the number and nature of the conditions of
exemption present or lacking.
Art. 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:
In the imposition of the penalties, the order of their
respective severity shall be followed so that they may be
executed successively or as nearly as may be possible,
should a pardon have been granted as to the penalty or
penalties first imposed, or should they have been served
out.
For the purpose of applying the provisions of the next
preceding paragraph the respective severity of the
penalties shall be determined in accordance with the
following scale:
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,chan robles virtual law library
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute disqualification,
10 Temporal absolute disqualification.
11. Suspension from public office, the right to vote and
be voted for, the right to follow a profession or calling,
and
12. Public censure.
Notwithstanding the provisions of the rule next
preceding, the maximum duration of the convict's
sentence shall not be more than three-fold the length of
time corresponding to the most severe of the penalties
imposed upon him. No other penalty to which he may be
liable shall be inflicted after the sum total of those
imposed equals the same maximum period.
Such maximum period shall in no case exceed forty years.
In applying the provisions of this rule the duration of
perpetual penalties (pena perpetua) shall be computed at
thirty years.
: The best rule for this article is the three-fold rule, where
instead of serving three sentences at different periods, they
all get served at the same period at the maximum period
possible.
Ex: A man committing robbery, with kidnapping and murder
has been sentenced to Reclusion perpetua for each crime he
has committed. If you were the judge presiding over the
case, how would you decide over how he should serve his
sentence?
A: Following the three-fold rule though he has committed
three distinct crimes of different titles, the man should be
serving the maximum sentence of Reclusion perpetua or 20
years and 1 day to 40 years. Instead of adding all three
which are punishable with Reclusion perpetua which equals
120 years, it will be reduced to 40 years instead.
Art. 71. Graduated scales. — In the case in which the law
prescribed a penalty lower or higher by one or more
degrees than another given penalty, the rules prescribed
in Article 61 shall be observed in graduating such
penalty.
The lower or higher penalty shall be taken from the
graduated scale in which is comprised the given penalty.
The courts, in applying such lower or higher penalty,
shall observe the following graduated scales:
SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure, considered as divided into three parts, forming three
10. Fine. periods, the minimum, the medium, and the maximum in
the manner shown in the following table:
SCALE NO. 2
1. Perpetual absolute disqualification, Penalties RT PM, AD, PC, S, D AM Am
2. Temporal absolute disqualification SD
3. Suspension from public office, the right to vote and be Entirety 12 yrs & 1 6 yrs & 1 6 mos. & 1 1-30
day–20 yrs. day – 12 1 day – 6 month days
voted for, the right to follow a profession or calling, yrs yrs & 1 day
4. Public censure, – 6
5. Fine. mos.
Minimum 12 yrs & 1 6 yrs & 1 6 mos. & 1-2 1-10
day–14 yrs & 8 day–8 yrs 1 day – 2 mos. days
: The abovementioned scales of penalty shall be followed mos. yrs & 4
when imposing the punishment on the accused. mos.
Medium 14 yrs & 8 8 yrs & 1 2 yrs, 4 2 mos. 11-20
mos.–17 yrs, 4 day–10 mos. & 1 & 1 day days
Art. 72. Preference in the payment of the civil liabilities. mos. yrs day – 4 – 4
— The civil liabilities of a person found guilty of two or yrs & 2 mos.
more offenses shall be satisfied by following the mos.
chronological order of the dates of the judgments Maximu 17 yrs, 4 mos. 10 yrs & 4 yrs, 2 4 mos. 21-30
& 1 day – 20 1day–12 mos. & 1 & 1 day days
rendered against him, beginning with the first in order of m yrs. yrs day – 6 – 6
time. yrs. mos.

: This refers to the payment and civil liability of an
individual as to when he or she should pay for such liability
beginning with the first.
Art. 73. Presumption in regard to the imposition of
accessory penalties. — Whenever the courts shall impose
a penalty which, 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 must be understood that
the accessory penalties are also imposed upon the
convict.
: The provisions of Art. 40, 41, 42, 43 and 44 shall also be
imposed on the convict who has been accessory to the
crime.
Art. 74. Penalty higher than reclusion perpetua in
certain cases. — In cases in which the law prescribes a
penalty higher than another given penalty, without
specially designating the name of the former, if such
higher penalty should be that of death, the same penalty
and the accessory penalties of Article 40, shall be
considered as the next higher penalty.
: Since the Death penalty has been abolished, the next
higher penalty next to Reclusion perpetua, which in this
case may be life imprisonment (although we do not say so),
is next the next possible punishment or the application of
the three-fold rule.
Art. 75. Increasing or reducing the penalty of fine by one
or more degrees. — Whenever it may be necessary to
increase or reduce the penalty of fine by one or more
degrees, it shall be increased or reduced, respectively,
for each degree, by one-fourth of the maximum amount
prescribed by law, without however, changing the
minimum.
The same rules shall be observed with regard of fines
that do not consist of a fixed amount, but are made
proportional.
RT–Reclusion Temporal PC–Prision Correccional
PM – Prision Mayor S -Suspension
AD – Absolute Disqualification D - Destierro
SD – Special Disqualification AM – Arresto Mayor
Am – Arresto Menor
Art. 77. 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.
: If the crime prescribes three (3) distinct penalties, each
will form one period: minimum, medium and maximum.
From the lightest to the most severe punishment to be
imposed on the accused.
Art. 78. When and how a 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.

: Depending on the degree of the crime, is the basis of how : The penalty is to be imposed once final judgment has been
the fine must be paid. served to the accused.

Art. 76. Legal period of duration of divisible penalties. — Art. 79. Suspension of the execution and service of the
The legal period of duration of divisible penalties shall be 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 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.
: If during the entirety of the sentence, an accused
becomes insane or an imbecile, his sentence will be
commuted, and should his sanity regain, will his sentence
resume. Only in these special cases will the sentence be
commuted.
Art. 80. Suspension of sentence 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 herein below 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.
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 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.
: This article is connected with children in conflict with the
law who has been deemed as a convict although minority in
age. The abovementioned article will prevail in cases such
as these.
Art. 81-85
: These articles pertain to the Death sentences, where the
burial of the corpse should take place, or if in case the
person to be executed is a female (who in this case may be
pregnant), and where the execution will take place.
Art. 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.
: This article provides where the convicts serving the 1 st
scale of penalties are serving out there sentences.
Art. 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.
: This article refers to the accused until where is his
jurisdiction if he aggravated someone.
Art. 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.
: This article refers to where the accused will serve out his
sentence should he be imposed upon the penalty of arresto
menor.
Art. 89. How criminal liability is totally extinguished. —
Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal
penalties and as to pecuniary penalties, liability therefor
is extinguished only when the death of the offender
occurs before final judgment.
: This refers to, when the during the service of the
sentence, the convict dies, the sentence dies with him.
2. By service of the sentence;
: Upon finishing the service of the sentence, this is when
the criminal liability gets extinguished.
3. By amnesty, which completely extinguishes the
penalty and all its effects;
: Amnesty defined: the crime and the sentence is totally
extinguished
4. By absolute pardon;
: Pardon defined: it excuses the sentence, but not the
liability, but in the case of absolute pardon, everything is
extinguished.
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in
Article 344 of this Code.
: In the case of rape, should the rape victim marry the
rapist, the liability of the rapist will be extinguished.
Art. 90. Prescription of crime. — Crimes punishable by
death, reclusion perpetua or reclusion temporal shall
prescribe in twenty years.
Crimes punishable by other afflictive penalties shall
prescribe in fifteen years.
Those punishable by a correctional penalty shall
prescribe in ten years; with the exception of those
punishable by arresto mayor, which shall prescribe in five
years.
The crime of libel or other similar offenses shall
prescribe in one year.
The crime of oral defamation and slander by deed shall
prescribe in six months.
Light offenses prescribe in two months.
When the penalty fixed by law is a compound one, the
highest penalty shall be made the basis of the application
of the rules contained in the first, second and third
paragraphs of this article.
: This refers to the crime committed and what are the years
to be served out.
Art. 91. Computation of prescription of offenses. — The
period of prescription shall commence to run from the
day on which the crime is discovered by the offended
party, the authorities, or their agents, and shall be
interrupted by the filing of the complaint or information,
and shall commence to run again when such proceedings
terminate without the accused being convicted or
acquitted, or are unjustifiably stopped for any reason not
imputable to him.
The term of prescription shall not run when the offender
is absent from the Philippine Archipelago.
: This article refers to the day when the crime has been
discovered by the authorities and should the convict flee to
another country, his term of sentence will be interrupted
and would resume should he come back to the Philippines.
Art. 92. When and how penalties prescribe. — The
penalties imposed by final sentence prescribe as follows:
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the
exception of the penalty of arresto mayor, which
prescribes in five years;
4. Light penalties, in one year.
Art. 93. Computation of the prescription of penalties. —
The period of prescription of penalties shall commence to
run from the date when the culprit should evade the
service of his sentence, and it shall be interrupted if the
defendant should give himself up, be captured, should go
to some foreign country with which this Government has
no extradition treaty, or should commit another crime
before the expiration of the period of prescription.
Art. 94. Partial Extinction of criminal liability. —
Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may
earn while he is serving his sentence.
: This occurs when the person serving the sentence has been
pardoned, his sentence has been cut or commuted and he
has done good conduct.
Art. 95. Obligation incurred by person granted
conditional pardon. — Any person who has been granted
conditional pardon shall incur the obligation of complying
strictly with the conditions imposed therein otherwise,
his non-compliance with any of the conditions specified
shall result in the revocation of the pardon and the
provisions of Article 159 shall be applied to him.
: Those who have been pardoned have to follow rules so as
not to be convicted again.
Art. 96. Effect of commutation of sentence. — The
commutation of the original sentence for another of a
different length and nature shall have the legal effect of
substituting the latter in the place of the former.
Art. 97. 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 behavior.
: This goes to show, that for every good behavior a convict
has shown inside the prison cell, the days in the term of
sentence shall be reduced.
Art. 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.
: This occurs when a convict gives himself up after forty-
eight (48) hours. His sentence gets commuted and 1/5 th of
the sentence is removed.
Art. 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.
: It is the Director of Prisons who grants the allowance for
every good conduct.
Art. 100. Civil liability of a person guilty of felony. —
Every person criminally liable for a felony is also civilly
liable.
: It is true for those who has a criminal liability has a civil
liability (against persons, thing or moral as dictated by Art.
19, 20 and 21 of the Civil Code).
Art. 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.
The courts shall determine, in sound discretion, the
proportionate amount for which each one shall be liable.
When the respective shares cannot be equitably
determined, 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 the consent of the
authorities or their agents, indemnification shall be made
in the manner prescribed by special laws or regulations.
Third. In cases falling within subdivisions 5 and 6 of
Article 12, the persons using violence or causing the fears
shall be primarily liable and secondarily, or, if there be
no such persons, those doing the act shall be liable,
saving always to the latter that part of their property
exempt from execution.
: Still this is in connection to Arts. 19-21 of the Civil Code of
the Philippines.
Art. 102. Subsidiary civil liability of innkeepers,
tavernkeepers and proprietors of establishments. — In
default of the persons criminally liable, innkeepers,
tavernkeepers, and any other persons or corporations
shall be civilly liable for crimes committed in their
establishments, in all cases where a violation of
municipal ordinances or some general or special police
regulation shall have been committed by them or their
employees.
Innkeepers are also subsidiarily liable for the restitution
of goods taken by robbery or theft within their houses
from guests lodging therein, or for the payment of the
value thereof, provided that such guests shall have
notified in advance the innkeeper himself, or the person
representing him, of the deposit of such goods within the
inn; and shall furthermore have followed the directions
which such innkeeper or his representative may have
given them with respect to the care and vigilance over
such goods. No liability shall attach in case of robbery
with violence against or intimidation of persons unless
committed by the innkeeper's employees.
: In business establishments, the manager or owner is liable
civilly if anything went missing or was stolen. Same goes
with the staff of the manager, if they committed a crime,
the manager is held liable for their crimes.
Art. 103. Subsidiary civil liability of other persons. — The
subsidiary liability established in the next preceding
article shall also apply to employers, teachers, persons,
and corporations engaged in any kind of industry for
felonies committed by their servants, pupils, workmen,
apprentices, or employees in the discharge of their
duties.
: It is also applicable to employers, teachers, persons and
discharges.
Art. 104. What is included in civil liability. — The civil
liability established in Articles 100, 101, 102, and 103 of
this Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.
Art. 105. 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.
: The return of the value of such stolen object. Or if it has
sentimental value, you must return the same or higher
value.
Ex: A man who in exchange for transportation took a pin of
inestimable value from a woman and her family. And
because of that they were killed in the gas chambers.
Should the next of kin have a right on the pin?
A: Yes, the next of kin has a right.
If in any way, an object of value taken by force from a
person should be returned to the next of kin, should the
person pass on to the next life.
In the case at bar, a pin of inestimable value was taken
from a woman and his family, in exchange they had to die
in the gas chambers, her next of kin is claiming for the pin,
and since she has passed away, the next of kin has a right to
the pin.
Art. 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.
: When the object taken is damaged, one must have it
repaired to its original value.
Art. 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.
: This includes paying to the family of the person whom the
damage has been brought it upon.
Art. 108. Obligation to make restoration, reparation for
damages, or indemnification for consequential damages
and actions to demand the same; Upon whom it
devolves. — The 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.
: This is to the heirs of the person to whom the damage has
been brought upon, all obligations of repair,
indemnification and restoration.
Art. 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.
: Each person who is civilly liable must pay an amount as
determined by the courts.
Art. 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.
Art. 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.
: For accomplices who took part in a commission of the
crime is liable as well and must pay that which is payable.
Art. 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.
: Civil liability is extinguished according with the provisions
of the Civil Law.
Art. 113. 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.
: If the person’s civil liability is not yet extinguished then
his obligation to pay for such liability goes on until it has
been satisfied.
Act no. 4013 Indeterminate Sentence Law (ISLAW)
Three (3) things to know about the Indeterminate Sentence
Law:
1) Its purpose;
2) Instances when it does not apply; and
3) How it operates

Indeterminate Sentence Law governs whether the crime is
punishable under the Revised Penal Code or a special Law.
It is not limited to violations of the Revised Penal Code.
The purpose of the Indeterminate Sentence law is to avoid
prolonged imprisonment, because it is proven to be more
destructive than constructive to the offender. So, the
purpose of the Indeterminate Sentence Law in shortening
the possible detention of the convict in jail is to save
valuable human resources.
In determining the applicable penalty according to the
Indeterminate Sentence Law, there is no need to mention
the number of years, months and days; it is enough that the
name of the penalty is mentioned while the Indeterminate
Sentence Law is applied.
Crimes punished under special law carry only one penalty;
there are no degree or periods. Moreover, crimes under
special law do not consider mitigating or aggravating
circumstance present in the commission of the crime.
Disqualification may be divided into three, according to –
(1) The time committed;
(2) The penalty imposed; and
(3) The offender involved.
The Indeterminate Sentence Law shall not apply to:
(1) Persons convicted of offense punishable with death
penalty or life imprisonment;
(2) Persons convicted of treason, conspiracy or
proposal to commit treason;
(3) Persons convicted of misprision of treason,
rebellion, sedition, espionage;
(4) Persons convicted of piracy;
(5) Persons who are habitual delinquents;
(6) Persons who shall have escaped from confinement
or evaded sentence;
(7) Those who have been granted conditional pardon
by the Chief Executive and hall have violated the term
thereto;
(8) Those whose maximum term of imprisonment does
not exceed one year, but not to those already sentenced by
final judgment at the time of the approval of Indeterminate
Sentence Law.
Presidential Decree No. 968 (Probation Law)
Probation is a manner of disposing of an accused who have
been convicted by a trial court by placing him under
supervision of a probation officer, under such terms and
conditions that the court may fix. This may be availed of
before the convict begins serving sentence by final
judgment and provided that he did not appeal anymore
from conviction.
Without regard to the nature of the crime, only those whose
penalty does not exceed six years of imprisonment are
those qualified for probation. If the penalty is six years plus
one day, he is no longer qualified for probation.
If the offender was convicted of several offenses which
were tried jointly and one decision was rendered where
multiple sentences imposed several prison terms as penalty,
the basis for determining whether the penalty disqualifies
the offender from probation or not is the term of the
individual imprisonment and not the totality of all the
prison terms imposed in the decision. So even if the prison
term would sum up to more than six years, if none of the
individual penalties exceeds six years, the offender is not
disqualified by such penalty from applying for probation.
Ex: May a recidivist be given the benefit of Probation Law?
A: As a general rule, no.
Exception: If the earlier conviction refers to a crime the
penalty of which does not exceed 30 days imprisonment or a
fine of not more than P200.00, such convict is not
disqualified of the benefit of probation. So even if he
would be convicted subsequently of a crime embraced in
the same title of the Revised Penal Code as that of the
earlier conviction, he is not disqualified from probation
provided that the penalty of the current crime committed
does not go beyond six years and the nature of the crime
committed by him is not against public order, national
security or subversion.
Although a person may be eligible for probation, the
moment he perfects an appeal from the judgment of
conviction, he cannot avail of probation anymore. So the
benefit of probation must be invoked at the earliest
instance after conviction. He should not wait up to the
time when he interposes an appeal or the sentence has
become final and executory. The idea is that probation has
to be invoked at the earliest opportunity.
Probation shall be denied if the court finds:
(1) That the offender is in need of correctional
treatment that can be provided most effectively by his
commitment to an institution;
(2) That there is undue risk that during the period of
probation the offender will commit another crime; or
(3) Probation will depreciate the seriousness of the
crime.
The probation law imposes two kinds of conditions:
(1) Mandatory conditions; and
(2) Discretionary conditions.
Mandatory conditions:
(1) The convict must report to the Probation Officer
(PO) designated in the court order approving his application
for Probation within 72 hours from receipt of Notice of such
order approving his application; and
(2) The convict, as a probationer, must report to the
PO at least once a month during the period of probation
unless sooner required by the PO.
These conditions being mandatory, the moment any of
these is violate, the probation is cancelled.
Discretionary conditions:
The trial court which approved the application for probation
may impose any condition which may be constructive to the
correction of the offender, provided the same would not
violate the constitutional rights of the offender and subject
to this two restrictions: (1) the conditions imposed should
not be unduly restrictive of the probationer; and (2) such
condition should not be incompatible with the freedom of
conscience of the probationer.