Criminal Law I Finals Reviewer - Comprehensive - Aeb

CRIMINAL LAW 1 ALGRACE E.
BELLINGAN
CRIMINAL LAW I FINALS REVIEWER
CHAPTER 3: MITIGATING CIRCUMSTANCES
ARTICLE 13. MITIGATING CIRCUMSTANCES are those which, if present in the commission of the crime, do not entirely free the actor
from criminal liability, but serve only to reduce the penalty. Only reduces the penalty but does not change the nature of the crime.
Basis: Diminution of either freedom of action, intelligence or intent, or the lesser perversity of the offender
 Classes of mitigating circumstances:

1. Ordinary mitigating:
˃ Article 13: 1 to 10, except if Art 69 is applicable
˃ Susceptible of being offset by any aggravating circumstance
˃ If not offset, produces only the effect of applying the penalty provided by law in its minimum period
2. Privileged mitigating:
˃ Art 68. Penalty imposed upon a person under 18 years old
˃ Art 69. Penalty to be imposed when the crime committed is not wholly excusable
˃ When majority of requisites are present, penalty is lowered by one or two degrees
˃ Art 64. Rules for the application of penalties which contain three periods
˃ xxx 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
˃ Applicable only to particular crimes
˃ Cannot be offset by an aggravating circumstance
˃ Lowers the penalty by one or two degrees
 Mitigating circumstances which arise from:

a) the moral attributes of the offender
b) From his private relations with the offended party
c) From any other personal cause
…shall only serve to mitigate the liability of the principals, accomplices, & accessories to whom such circumstances are attendant.
 Circumstances which are neither exempting nor mitigating: (BI ENTRAP)

1. Mistake in the Blow or aberratio ictus
2. Mistake in Identity
3. Entrapment of the accused
4. Accused is over 18 years old
5. Performance of righteous action
 Mitigating Circumstances:
1. Incomplete Justifying or Exempting Circumstances: All requisites necessary to justify or exempt an act are not attendant
 Example: There was unlawful aggression on the part of the deceased without sufficient provocation by the defendant, but the
latter used means not reasonably necessary, for after snatching the rope from the deceased, he wound it around the neck and
tightened it.
(Self ReStS PerO MiCaUn)

a) Self Defense
b) Defense of Relatives
c) Defense of Stranger
d) State of Necessity
e) Performance of Duty
f) Obedience to Order of Superior
g) Minority over 15 but under 18 years of age
h) Causing Injury by Mere Accident
i) Uncontrollable Fear
ALGRACE BELLINGAN
CRIMINAL LAW 1 ALGRACE E. BELLINGAN
Incomplete Justifying
Requisites for Justifying /Exempting When it becomes mitigating
& Exempting
1. Unlawful aggression >When 2 of the 3 requisites are present, it is a PRIVILEGED mitigating
a) Self Defense 2. Reasonable Necessity of the means employed circumstance
3.Lack of sufficient provocation on person defending
>Unlawful aggression must be present
>Unlawful aggression must come from the person who was attacked by
1. Unlawful aggression
the accused
b) Defense of 2. Reasonable Necessity of the means employed
>spouse, ascendants, descendants, legitimate/natural/ adopted brothers
Relatives 3. In case the provocation was given by the person
or sisters, or of his relatives by affinity(in laws) in the same degrees, and
attacked, the one making the defense had no part
those by consanguinity within 4th civil degree (4th cousins); Death of the
spouse terminates the relationship by affinity unless marriage has
1. Unlawful aggression resulted in issue who is still living
c) Defense of 2. Reasonable Necessity of the means employed >there must be actual physical force or actual use of weapon
Stranger 3. Person defending be not induced by revenge ,>Retaliation is not self-defense
resentment or evil motive >Mere belief of an impending attack is not sufficient
1. That the evil sought to be avoided actually exists

2. That the injury feared be greater than that done to
>When any of the last two is absent, there is only mitigating
d) State of Necessity avoid it
circumstances
3. That there be no other practical and less harmful
means of preventing it
1. Accuses acted in the performance of a duty or in the
lawful exercise of a right or office
e) Performance of >Applying Art 69, becomes privilege mitigating when only 1 is present,
2. Injury caused or the offense committed be the
Duty hence, lowers the penalty by 1 or 2 degrees
necessary consequence of the due performance of duty
or lawful exercise of such right or office
1. An order has been issued by a superior
f) Obedience to Order 2. Such order must be for some lawful purpose >Subordinate is not liable for carrying out an illegal order of his superior if
of Superior 3. The means used by the subordinate to carry out saidhe is not aware of the illegality and he is not negligent
order is lawful
>If acted with discernment, shall undergo diversion programs provided
under RA 9344
g) Minority over 15
1. Minor is above 15 but below 18 years old >Diversion program: an alternative, child appropriate process without
but under 18 years of
age
2. Acted without discernment resorting to formal court proceedings
>If imposable penalty exceeds 6 years, diversion measures may be
resorted to only by the court
1. A person is performing a lawful act >The act must be lawful and without intent for it to be considered
h) Causing Injury by 2. With Due care mitigating, otherwise, it will fall under intentional felony
Mere Accident 3. Causes injury to another by mere accident >If there was no due care and with fault, it will fall under under Art 365
4. Without fault or intention which punishes a felon by by negligence or imprudence
1. The threat which caused the fear was of an evil
greater than or at least equal to that which he was
i) Uncontrollable Fear required to commit >If only 1 is present, only a mitigating circumstance
2. It promised and evil of such gravity and imminence
that an ordinary person would have succumbed to it
The Battered Woman Syndrome:

“Victim-survivors who are found by the courts to be suffering from battered women syndrome do not incur criminal and civil
liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense.”
Battered Woman
 A woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her
to do something he wants her to do without concern of her rights.
 It is characterized by “cycle of violence”
1. The tension-building phase: minor battering occurs -- verbal or slight physical abuse
2. The acute battering incident: characterized by brutal, destructiveness, and sometimes, death
3. The tranquil, loving phase: couple experience profound relief
ALGRACE BELLINGAN
2. When the offender is is over 70 years of age
 Basis: diminution of intelligence, a condition of voluntariness

 Example: The offender killed the victim with treachery and evident premeditation, however the former is 75 years of age,
hence, instead of death penalty (already prohibited), it will be lowered to reclusion perpetua
 only generic mitigating circumstance
3. The offender had no intention to commit so grave a wrong as that committed
 Basis: intent, an element of voluntariness in intentional felony, is diminished

 Example: The husband, who was quarreling with his wife, punched her in the abdomen which ruptured her spleen and
caused her death.
 only when the facts proven show that there is a notable and evident disproportion between the means employed to execute
the criminal act and its consequences
 intention must be judged by external acts
 the weapon used, the part of the body injured, the injury inflicted and the manner it is inflicted may show that the accused
intended the wrong committed
 not applicable when offender employed brute force
 it is the intention of the offender at the moment when he is committing the crime which is considered
Not appreciated in... May be appreciated...
Robbery with homicide when they intend to kill the victim at
Robbery with homicide
the precise moment
Murder qualified by circumstances based on manner of the

Murder qualified with treachery
commission, not on the state of mind
Physical injuries Unless the victim dies

In cases where the accused having intended to maltreat the
Unintentional abortion
pregnant complainant only
Defamation or slander Only to offenses resulting in physical injuries or material harm
Felonies by negligence (there is no intent on the part of the
offender which may be diminished)
4. That sufficient provocation or threat on the part of the offended party immediately preceded the act
 Basis: diminution of intelligence and intent

 Example: The deceased abused and ill-treated the accused by kicking and cursing the latter.
 Requisites:
1. Provocation must the sufficient
2. It must originate from the offended party
3. The provocation must be immediate to the act, to the commission of the crime by the person who is provoked.
 Provocation
˃ Any unjust or improper conduct or act of the offended party, capable of exciting, inciting, or irritating any one.
˃ Must be sufficient, meaning adequate, which is determined by the act constituting the provocation, the social standing
of the person provoked, the place and time when the provocation was made
˃ Vague threats not sufficient
˃ Proportionate to the damaged caused
˃ In incomplete self defense: it pertains to the absence on the part of the person defending himself
˃ In mitigating circumstance: it pertains to its presence on the part of the offended party
ALGRACE BELLINGAN
5. The act was committed in the immediate vindication of a grave offense to the one committing the felony, his spouse, ascendants
descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees.
 Basis: diminution of the conditions of voluntariness

 Example: Killing the paramour by the offended husband
 Requisites:
1. There be a grave offense done to the one committing the felony, his spouse, ascendants, descendants, legitimate,
natural or adopted brothers or sisters, or relatives by affinity within the same degrees
2. The felony is committed in vindication of such grave offense. A lapse of time (proxima) is allowed between the
vindication and the doing of the grave offense
 Incompatible with passion or obfuscation
 Question whether or not a certain personal offense is grave must be decided by the court having in mind the social standing
of the person, the place and the time when the insult was made.
6. Having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.
 Basis: diminution of intelligence and intent; diminishing the exercise of will-power (since he loses his reason and self-control)
 Example: The accused killed his wife on the occasion when she visited her aunt’s husband
 Requisites:
1. The act is unlawful and sufficient to produce such a condition of mind.
2. Said act was not far removed from the commission of the crime by a considerable length of time , during which the
perpetrator might recover his normal equanimity.
 This requires that:
1. Accused acted upon an impulse
2. Impulse must be so powerful that it naturally produced passion or obfuscation in him
 Only when passion or obfuscation arouse from lawful sentiments
 No mitigating circumstance when:
1. The act is committed in a spirit of lawlessness
2. The act is committed in a spirit of revenge
 Exercise of a right or fulfillment of duty is not proper source of passion or obfuscation
 No passion or obfuscation after 24 hours, or several hours, or half an hour
 Not mitigating when relationship is illegitimate
 Cause producing passion or obfuscation must come from offended party
 May arise from causes existing only in the honest belief of the offender
 Provocation and obfuscation arising from one cause should be treated as only one mitigating circumstance
 Compatible with lack of intention to commit so grave a wrong
 Incompatible with treachery
 Incompatible with evident premeditation
Note: One single fact cannot be made the basis of different modifying circumstance. But where there are other facts, although
closely connected with the fact upon which the circumstance is premised, the other circumstance may be appreciated as based
on the other fact.
Irresistible Force vs Passion/Obfuscation vs Provocation vs Vindication
The grave offense may be
Requires physical force Produced by an impulse which may be Made directly only to the person
committed also against the
coming from a third person caused by provocation committing the felony
offender's relations
The irresistible force is Cause that brought the provocation Offended party must have done a
Must arise from a lawful sentiment
unlawful need not be a grave offense grave offense
The offense which engenders
Compulsion must be of such
perturbation of mind need not be The grave offense may be
character as to leave no Necessary that provocation or threat
immediate, but the influence thereof proximate, which admits of an
opportunity for escape or immediately preceded the act
should last until the moment the interval of time
self-defense
crime is committed.
Complete absence of
Diminution of the conditions of
freedom, an element of The effect is the loss of reason and self-control on the part of the offender
voluntariness
voluntariness
ALGRACE BELLINGAN
(exempting circumstance)
7. The offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed
his guilt before the court prior to the presentation of evidence for the prosecution.
 Basis: lesser perversity of the offender

 Example:The accused after plunging the bolo into the victim’s chest ran towards the municipal building and surrendered
 Two mitigating circumstances:
1. Voluntary surrender to a person in authority or his agents.
2. Voluntary confession of guilt before the court prior to the presentation of evidence for the prosecution.
 When both are present, they should have the effect of mitigating as two independent circumstances.
 Requisites of Voluntary Surrender:
1. The offender had not been actually arrested
2. The offender surrendered himself to a person in authority or to the latter’s agent
3. The surrender was voluntary
˃ Does not necessarily mean non-flight, but should show either: 1) Acknowledgement of guilt; 2) An intention to save
authorities from trouble and expense that his search and capture would require
˃ Must be spontaneous in such a manner that it shows the interest of the accused to surrender unconditionally
˃ There is spontaneity even if the surrender is induced by fear of retaliation by the victim’s relatives
˃ Surrender must be by reason of the commission of the crime for which defendant is prosecuted
˃ Surrender through an intermediary is appreciated as mitigating
˃ Merely requesting a policeman to accompany the accused to the headquarters is not equivalent to voluntary surrender
˃ Warrant of arrest had not been served or not returned unserved because the accused cannot be located
˃ Law does not require surrender be prior to the order of arrest.
˃ A Person in Authority is a public officer who has the power to govern and execute the laws. Ex. Barangay Chairman
˃ An Agent of a Person in Authority is a person who is charged with the maintenance of public order and the protection
and security of life and property, and any person who comes in the aid of persons in authority. Ex. Commanding officer
˃ Cases not considered as voluntary surrender or when voluntary surrender is not mitigating:
1. Accused was in fact arrested
2. Surrender after the warrant of arrest was served upon him
3. Yielded because of the warrant of arrest
4. Surrendered only upon realization that the forces of the law were closing in
5. Surrendered only when there was no more chance for escape
6. Surrender was motivated by an intent to insure safety
7. Merely reported the incident which does not evince any desire to own the responsibility for the killing
8. When it does not appear that it was the idea of the accused to send the police for the purpose of giving himself up
9. Pretending to be on his way to the municipal building to surrender to the authorities upon actual arrest
10. Surrender of weapons without surrendering his own person
11. Intention to surrender, without actually surrendering
 Requisites of Plea of Guilty:
1. The offender spontaneously confessed his guilt
2. The confession was made in open court, that is, before the competent court
3. The confession of guilt was made prior to the presentation of evidence for the prosecution
˃ Must be made in the first opportunity
˃ Must be made before trial begins
˃ Accused can withdraw previous plea of not guilty as long as he withdraw it before the fiscal could present evidence
˃ Plea of not guilty at the preliminary investigation, not before the court of competent jurisdiction, is no plea at all
˃ Accused can plea guilty to amended information even when trail had begun on the original information
˃ Please of guilty to the lesser offense charged in the amended information is mitigating
˃ Mandatory presentation of evidence in please of guilty to capital offense
˃ Cases not considered as plea of guilty or when plea of guilty is not mitigating:
1. Plea of guilty on appeal
2. Plea of guilty after the fiscal had presented evidence
3. A condition plea of guilty
4. Plea of guilty to lesser offense than that charged
ALGRACE BELLINGAN
5. Extrajudicial confession
6. Plea of guilty in culpable felonies and in crimes punished by SPL
ALGRACE BELLINGAN
8. The offender is deaf and dumb, blind or otherwise suffering from some physical defect which thus restricts his means of
action, defense, or communication with his fellow beings.
 Basis: one does not fave complete freedom of action and thus, there is a diminution of that element of voluntariness
 Example:In a criminal case charging robbery in an inhabited house, the accused is deaf and dumb.
 Does not distinguish between educated and uneducated deaf-mute or blind persons. The Code considers them on equal
footing.
9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of
consciousness of his acts
 Basis: diminution of intelligence and intent

 Example: With the mistaken belief of the accused that killing a witch was for public good, he attacked the alleged witch
 Requisites:
1. The illness of the offender must diminish the exercise of his will-power.
2. Such illness should not deprive the offender of consciousness of his acts.
 Refers only to diseases of pathological state that trouble the conscience or will
 A diseased mind, not amounting to insanity, may give place to mitigation
 Illness considered mitigating:
1. Mistaken belief of killing a witch for public good
2. Illness of the nerves or moral faculty (mild behavior disorder)
3. Acute neurosis (different neuroses: obsessive–compulsive disorder, obsessive–compulsive personality disorder,
impulse control disorder, anxiety disorder, hysteria, and a great variety of phobias)
4. Feebleminded
5. Chronic mental disease (schizo-affective disorder or psychosis)
10. Any other circumstance of a similar nature and analogous to those above mentioned
 Analogous circumstances:
1. Over 60 years old but with failing sight, similar to over 70 years of age
2. Outraged feeling of owner of animal taken for ransom analogous to vindication of a grave offense
3. Outraged feeling of creditor, similar to passion and obfuscation
4. Manifestations of battered wife syndrome, analogous to an illness that diminishes the exercise of will power
5. Esprit de corps, similar to passion and obfuscation
6. Voluntary restitution of stolen property, similar to voluntary surrender
7. Extreme poverty and necessity, similar to incomplete justification based on state of necessity
8. Testifying for prosecution, analogous to plea of guilty
 Not analogous mitigating circumstances:
2. Killing the wrong man
3. In parricide, the deceased was unworthy and was bad person
4. Lack of irreparable material damage
5. Not resisting arrest
6. Condition of running amuck
ALGRACE BELLINGAN
CHAPTER 3: AGGRAVATING CIRCUMSTANCES
ARTICLE 14. AGGRAVATING CIRCUMSTANCES are those which, if attendant in the commission of the crime, serve to increase the
penalty without, however, exceeding the maximum of the penalty provided by law for the offense.
Basis: The greater perversity of the offender manifested in the commission of the felony as shown by:
1. Motivating power itself
2. Place of commission
3. Means and ways employed
4. Time
5. Personal circumstances of the offender or the offended party
 Kinds of aggravating circumstances

1. Generic: generally apply to all crimes
˃ Example: dwelling, nighttime, or recidivism
˃ Art 14, paragraph nos. 1, 2, 3, 4, 5, 6, 9, 10, 14, 18, 19, 20 (except by means of motor vehicles)
2. Special or Specific: apply only to particular crimes
˃ Example: ignominy in crimes against chastity, cruelty and treachery in crimes against persons
˃ Art 14, paragraphs nos. 3(except dwelling), 15, 16, 17 and 21
3. Qualifying: change the nature of the crime
˃ Example: alevosia (treachery) or evident premeditation qualifies killing of a person to murder
˃ Art 14, paragraph 7, 8, 11, 12, 13, 15, 16, 20 (motor vehicles), killing under the influence of drugs
4. Inherent: must of necessity accompany the commission of the crime; does not affect of increasing the penalty
˃ Example: evident premeditation is inherent in robbery, theft, estafa, adultery and concubinage
˃ Art 62 (2): aggravating circumstances which in themselves constitute a crime specially punishable by law or which are
included by law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose
of increasing the penalty
Qualifying Aggravating vs Generic Aggravating

Not only to give the crime its proper and exclusive name If not offset by any mitigating circumstance, increases the
but also places the offender in such a situation as to penalty to max period
deserve no other penalty than that specially prescribed by
law for said crime
Cannot be offset by any mitigating circumstance May be compensated by a mitigating circumstance
Must be alleged in the information Even if not alleged in the information, may be proved
during trial over the objection of the defense and may be
appreciated in imposing the sentence.
*Pursuant to 2000 Revised Rules of Criminal Procedure,
every complaint or information must state the qualifying
and aggravating circumstances to be appreciated. This is
also shown in the case of People vs Antonio (Nov 2002).
However, pursuant to the case of People vs Evina (June
2003) aggravating circumstances not alleged can be
considered as bases for the award of damages.
 Aggravating circumstances which are personal to the offender:

1. From the moral attributes of the offender
2. From his private relations with the offended party
3. From any other personal cause
…shall only serve to aggravate the liability of the principals, accomplices and accessories as to whom such circumstances are
attendant.
 The circumstances which consist 1) in the material execution of the act, or 2) in the means employed to accomplish it, shall
serve to aggravate the liability of those persons only who had knowledge of them at the time of the execution of the act or
their cooperation therein.
ALGRACE BELLINGAN
 Aggravating Circumstances:
1. Advantage be taken by the offender of his public position

 Basis: greater perversity of the offender as shown by personal circumstance and means to secure the commission
 Applicable only when offender is a public officer, who must use his influence, prestige or ascendancy as means by which he
realizes his purpose
 Example: maltreament of a policeman to a prisoner; when a councilor collects fine not required by an ordinance and
misappropriates them (estafa by means of deceit)
 When the public officer did not take advantage of the influence of his position, such as when the acts committed are not
connected with the duties of his office, this aggravating circumstance is not present
 There must be proof that the accused took advantage o his position
 Wearing a uniform is immaterial in certain cases
 Failure in official duties is tantamount to abusing of office
 Not aggravating when it is an integral element of or inherent in the offense such as in Malversation (Art 217) or in
Falisification of document committed by public officers (Art 171)
2. The crime be committed in contempt of or with insult to the public authorities

 Basis: Greater perversity of the offender as shown by his lack of respect for the public authorities
 Example: A and B are quarreling on a street and the municipal mayor, upon passing by, attempts to separate them to stop
the quarrel. However, A and B continued to quarrel until A succeeds in killing B.
 Requisites:
1. The public authority is engaged in the exercise of his functions
2. He who is engaged in the exercise of said functions is not the person against whom the crime is committed
3. Offender knows him to be a public authority --person in authority such as the councilor, mayor, governor, brgy captain..
4. His presence has not prevented the offender from committing the criminal act
 Not applicable when crime is committed in the presence of an agent only -- such as chief of police, brgy leader, policeman
 Crime should not be committed against the public authority (direct assault)
 Knowledge that a public authority is present is essential
3. The act be committed with 1) insult or in disregard of the respect due the offended party on account of his a) rank, b) age, or
c) sex, or 2) that it be committed in the dwelling of the offended party, if the latter has not given provocation
 Basis: Greater perversity of the offender as shown by personal circumstance and the place of commission
 Example: The killing of a judge because of resentment which the accused harbored against him
 When all four aggravating circumstances are present, they have the weight of one aggravating circumstance only.
 Applicable only to crimes against persons or honor
 There must be evidence that in the commission of the crime, the accused deliberately intended to offend or insult the sex or
age of the offended party
 Age and sex are included in treachery
 As to the rank:
˃ There must be a difference in the social condition of the offender and the offended party
˃ Rank refers to a high social position or standing
˃ Proof of fact of disregard and deliberate intent of insult required
 As to the age:
˃ Applies to cases where the victim is of tender age as well as old age
˃ Deliberate intent to offend or insult required
 As to the sex:
˃ Refers to female sex, not to the male sex
˃ There must be evidence that the accused deliberately intended to offend or insult the sex or showed manifest
disrespect to her womanhood
˃ Not applicable when offender:
1. Acted with passion or obfuscation
2. Has a relationship between the offended party
3. When the condition of being a woman is indispensable in the commission of the crime such as in rape, parricide,
abduction or seduction
ALGRACE BELLINGAN
 Crime committed in the dwelling of the offended party
˃ Dwelling must be a building or structure exclusively used for rest and comfort
˃ Considered aggravating primarily because of:
1. The abused of confidence
2. Violating the sanctity of the home
˃ Offended party must not give provocation. Meaning:
1. Provocation from owner of the dwelling
2. Which is sufficient; and
3. Immediate to the commission of the crime
˃ Prosecution must prove that there was no provocation given by the offended party
˃ Applies even when offender did not enter the dwelling since it is enough that victim is inside his own house
˃ Still applies even if the killing took place outside the dwelling, provided that the commission of the crime begun in the
dwelling
˃ Includes dependencies, the foot of the staircase and the enclosure under the house
˃ If there are two houses where the deceased used to live, the commission of the crime in any of them is attended bu the
aggravating circumstance of dwelling
˃ Code speaks of dwelling not domicile
˃ Dwelling may mean temporary dwelling
˃ Aggravating in the following cases:
1. In abduction or illegal detention where victim was taken from her/his house
2. Victim was raped in the boarding house where she was a bedspacer
3. Victim was raped in their paternal home where they were guests at the time and did not reside there
4. Victim was killed in the house of her aunt since the former was temporarily residing there
5. Victim was sleeping as guests in the house of another person
6. When husband killed his estranged wife in the house occupied by her, other than the conjugal home
7. Adultery committed in the dwelling of the husband, even if it is also the dwelling of the unfaithful wife
˃ Not aggravating in the following cases:
1. Deceased was called down from his house and was murdered in the vicinity of the house
2. Both offender and offended party are occupants of the same house
3. Robbery is committed by the use of force upon things, but aggravating in robbery with violence against or
intimidation of persons
4. Crime of trespass to dwelling, it is inherent
5. Owner of the dwelling gave sufficient and immediate provocation
6. Dwelling where the crime was committed did not belong to the offended party
7. Crime was committed in the ground floor of a two-story structure, the lower floor being used as a commercial
space and not as a private place of abode or residence
4. The act be committed with 1) abuse of confidence or 2) obvious ungratefulness

 Basis: Greater perversity of the offender as shown by the means and ways employed
 Example: A jealous lover, who had already determined to kill his sweetheart, invited her to a ride in the country. The girl,
unsuspecting of his plans, when with him. While they were in the car, the jealous lover stabbed her.
 Requisites:
1. Offended party had trusted the offender
2. Offender abused such trust by committing a crime against the offended party
3. Abuse of confidence facilitated the commission of the crime
 Confidence must facilitate the commission of the crime
 Betrayal of confidence is not aggravating
 Killing of a child by an amah is aggravated by abuse of confidence
 The confidence between the offender and the offended party must be immediate and personal
 Ungratefulness must be obvious
 Inherent in Malversation (Art 217), qualified theft (Art 310), estafa by conversion or misappropriation (Art 315), and
qualified seduction (Art 337)
ALGRACE BELLINGAN
5. The crime be committed in the palace of the Chief Executive, or in his presence, or where public authorities are engaged in
the discharge of their duties or in a place dedicated to religious worship
 Basis: Greater perversity of the offender as shown by the place of the commission of the crime
 Example: Murder of a person in an electoral precinct or polling place during election day
 Offender must have intention to commit a crime when he entered the place dedicated to religious worship
 If it is Malacanang palace or a church, official or religious functions are not necessary
 Chief Executive need not be in Malacanang palace and he need not to be engaged in the discharge of his duties
 Other public authorities must be actually engaged in the performance of duty
Par. 5 (Public authorities in discharge of their duties) vs Par. 2 (Contempt or Insult to Public Authorities)
In performance of their duties In performance of their duties
Must be in their office Outside their office
Public authority may be the offended party Public authority should not be the offended party
6. The crime be committed1) in the nighttime or 2) in an uninhabited place, or 3) by a band, whenever such circumstances may
facilitate the commission of the offense
 Basis: Time and place of the commission of the crime and the means and ways employed
 Example: A, with intent to kill B, had hidden behind the tree and availed himself of darkness to prevent his being recognized
or to escape more readily. As soon as B came, A stabbed him to death.
 Generally, when all are existing in the commission of the crime, considered as one aggravating. Except: when their elements
are distinctly perceived and can subsist independently.
 Aggravating when:
˃ It facilitated the commission of the crime, or
˃ When especially sought for to insure the commission of the crime or for the purpose of impunity
˃ When offender took advantage thereof for the purpose of impunity
 Nighttime
˃ Period of darkness beginning at end of dusk and ending at dawn
˃ If nighttime is merely incidental, it is not aggravating
˃ The information must allege that nighttime was sought for or taken advantage of by the accused or that it facilitated
the commission of the crime
˃ Not aggravating when crime began at daytime
˃ Commission of the crime must begin and be accomplished in the nighttime
˃ Offense must be actually committed in the darkness of the night. Hence when place is illuminated, nighttime is not
aggravating.
˃ Lighting of a matchstick or use of a flashlight does not negate the aggravating circumstance of nighttime
˃ Absorbed and inherent in treachery
 Uninhabited place
˃ Where victim cannot receive help
˃ Where there are no houses at all, or a place at a considerable distance from the town, or where houses are scattered at
a great distance from each other
˃ Determined not by the distance to the nearest home byt whether or not there was a reasonable possibility of the
victim receiving some help
˃ Accused sought the solitude of the place to 1) an easy and uninterrupted accomplishment, or 2) to insure concealment
 Band
˃ More than three armed malefactors shall have acted together in the commission of the offense
˃ Stone is included in the term “arms”
˃ If one of four armed person is a principal by inducement, they do not form a band. There must be direct participation.
˃ Aggravating in crimes against property or against persons or in the crime of illegal detention or treason
˃ Not applicable in crimes against chastity
˃ Abuse of superior strength and use of firearms are absorbed in aggravating circumstance of “by a band”
˃ Inherent in brigandage
˃ Aggravating in robbery with homicide
˃ Absorbed in treachery
ALGRACE BELLINGAN
7. The crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic, or other calamity or
misfortune
 Basis: Time of commission of the crime
 Example: in a case of a fireman who commits robbery in a burned house
 Offender must take advantage of the calamity or misfortune
 The phrase “or other calamity or misfortune” refers to conditions of distress similar to those precedingly enumerated such
as chaotic condition
8. The crime be committed with the aid of 1) armed men or 2) persons who insure or afford impunity
 Basis: the means and was of committing the crime
 Example: A, in order to get rid of her husband, secured the services of other Moros who were armed when they went to the
house of the victim and clubbed him to death
 Requisites:
1. Armed men or persons took part in the commission of the crime, directly or indirectly
2. Accused availed himself of their aid and relied upon them when the crime was committed
 Atleast 2 accomplices
 Casual presence of armed men near the place where the crime was committed does not constitute an aggravating
circumstance
 Absorbed by employment of a band
 Includes armed women
 Not aggravating when:
1. Both the attacking party and party attacked were equally armed
2. Accused as well as those who cooperated with him in the commission of the crime acted under the same plan and for
the same purpose
9. The accused is a recidivist -- one who, at the time of his trial for one crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of this Code
 Basis: Greater perversity of the offender as shown by his inclination to crimes
 Example: Offender, who is on trial for the crime of robbery, was previously convicted by final judgment of theft.
 Requisites:
1. Offender is on trial for an offense (At the time of the trial, from arraignment until after announcement of sentence by
the judge, not the time of the commission of the offense)
2. He was previously convicted by final judgment of another crime
3. Both the first and second offenses are embraced in the same title of the code
4. Offender is convicted of the new offenses
 No recidivism if the subsequent conviction is for an offense committed before the offense involved in the prior conviction
 There is recidivism even if the lapse of time between two felonies is more than 10 years
 Pardon does not obliterate the fact that the offender is a recidivist. Unlike in amnesty which extinguishes the penalty and its
effects
 Only when there is a final judgment, meaning:
1. After the lapse of the period for perfecting an appeal (15 days)
2. When the sentence has been partially or totally satisfied or served
3. The accused has applied for probation
10. Reiteracion: The offender has been previously punished for an offense to which the law attaches an equal or greater penalty
or for two or more crimes to which it attaches a lighter penalty
 Basis: Greater perversity of the offender as shown by his inclination to crimes
 Example: A served sentence for forcible abduction punishabe by reclusion temporal. After released from prison, he
committed homicide punishable by reclusion temporal. Court should consider habituality against A.
 Requisites:
1. Accused is on trial for an offense
2. He previously served sentence for another offense to which the law attaches equal or greater penalty, or for two or
more crimes to which it attaches lighter penalty than that for the new offense
3. He is convicted of the new offense
ALGRACE BELLINGAN
 It is the penalty attached to the offense, not the penalty actually imposed
ALGRACE BELLINGAN
 Four forms of repetition: Recidivism, Reiteracion or Habituality, Multi-recidivism or Habitual Delinquency, Quasi-recidivism
 Recidivism and Habituality are generic aggravating
 Habitual delinquency are extraordinary aggravating. It is when a person, within a period of ten years from date of his release
or last conviction of crimes FRETSL (Falsification, robbery, estafa, theft, serious physical injuries, less serious physical injuries
is found guilty of any said crimes a third time or oftener.
 Quasi-recidivism is a special aggravating. It is when a person commits a felony after having been convicted by final judgment,
before beginning to serve the sentence or while serving the sentence
11. The crime be committed in consideration of a price, reward, or promise

 Basis: Greater perversity of the offender as shown by motivating power itself
 Example: A offered a reward to B if he commits the crime to C. B agreed to commit the crime and performed the act. A gave
the reward after the performance of the act.
 There must be two or more principals in this scenario: Principal by inducement and principal by direct participation
 If alleged in the information as a qualifying aggravating circumstance, it shall be considered against all accused
 Price, reward, or promise must be for the purpose of inducing another to perform the deed
 Not aggravating if without previous promise, but was given voluntarily after the crime has been committed
12. The crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto,
derailment of a locomotive, or by use of any other artifice involving great waste and ruin
 Basis: The means and ways employed
 Example: A killed his wife by mean of fire, as when he set their house on fire to kill her
 It must be used as means to accomplish a criminal purpose
 If the crime intended is arson and somebody dies as a result thereof, the crime is simply arson
 If they are already included by the law in defining the crime, they no longer serve to increase the penalty
 Unlike Par. 7 where the crime is committed on the occasion of a calamity or misfortune, in Par. 12, the crime is committed
by means of any of such acts involving great waste or ruin
13. The act be committed with evident premeditation

 Basis: The ways of committing the crime
 Example: On the night the deceased slapped the accused and asked him to kneel down, the latter made it clear that he
would avenge his humiliation. Two days after, accused looked for the deceased and stabbed him
 Requisites:
1. Time when the offender determined to commit the crime
2. Act manifestly indicating that the culprit has clung to his determination
3. Sufficient lapse of time between the determination and execution to allow him to reflect and to allow his conscience to
overcome the resolution of his will
 Implies deliberate planning before execution
 Execution of criminal act must be preceded by cool thought and reflection during the space of time sufficient to arrive a
calm judgment
 Must be evident and not merely suspected. It must show that the accused meditated and reflected on his intention between
the time when the crime was conceived by him and the time it was actually perpetrated
 The date and time when the offender determined to commit the crime is essential
 Premeditation must be based upon external acts and not from mere lapse of time
 Mere threat without the second element does not show evident premeditation
 Existence of ill-feeling or grudge alone is not proof of evident premeditation
 Three hours or less considered sufficient lapse of time
 Conspiracy by prior agreement generally presupposes premeditation, but not in implied conspiracy absent of proof of plan
 Can co-exist with price or reward
 Premeditation is absorbed by reward or promise, but this is applicable only to the inductor
 Not aggravating when victim is different from that intended, except if it is shown that the conspirators were determined to
kill not only the intended victim but also anyone who may help him put a violent resistance
 Not necessary that there is a plan to kill a particular person such as when there is a general attack upon a village having been
premeditated and planned
ALGRACE BELLINGAN
 Inherent in robbery but may be aggravating in robbery with homicide if the premeditation included the killing of the victim
and not incidental to the robbery
ALGRACE BELLINGAN
1) Craft, 2) fraud or 3) disguise be employed
14.
 Basis: means employed to the commission of the crime
 Example: A thief falsely represents that he is the lover of the servant of a house in order to gain entrance and rob the owner
 Characterized by intellectual or mental means
 Craft
˃ Involves intellectual trickery and cunning on the part of the accused
˃ Not attendant when the accused was practically in a stupor when the crime is committed
˃ Included and absorbed by treachery
˃ Aggravating when offender:
 Pretended to be a bonafide passenger in the taxicab driven by the deceased
 Invited deceased to journey to a distant mountain from which flowed a liquid supposed to have a peculiar virtue
 Pretented to be a constabulary soldier to gain entry into the place of the victim
 Resorted to use of innocent looking chocolate candies which contained deleterious drug
 Lures out the victim from his house in order to be killed
 With intent to kill, pretended to accompany the victim in a friendly manner luring him into a false sense of security
 Deceived the victim into coming to her apartment under the pretext of accompanying victim into the bank
˃ Not aggravating when:
 The unlawful scheme could have been carried out just the same even without the pretense
 Craft partakes of an element of the offense
 Fraud
˃ Insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry
out his design
 Induced the victims to give up their arms upon a promise that no harm should be done to them
 Upon pretext of wanting to buy a bottle of wine, induced the victim to go down to the lower story of his dwelling
where the wine was stored
 Took the young girl away telling the latter that she was to be taken to her godmother’s house, but instead took
her to another house and raped her
 Craft vs Fraud: When there is a direct inducement by insidious words or machinations, fraud is present; otherwise, the act of
the accused done in order not to arouse the suspicion of the victim constitutes craft.
 Disguise
˃ Resorting to any device to conceal identity
 Had his face blackened
 Covered his face with handkerchief
 Wore masks to cover the faces
 Illegally wore a Constabulary uniform
 Use of an assumed name in the publication of a libel
 Not aggravating when offender:
 Is still identifiable since the purpose is to conceal identity
 Wrapped their heads with cloths following the custom of the country in which they had been reared
 Disguised herself for fear of being attacked on the way
 Announced their presence at the scene
15. Advantage be taken of 1)superior strength, or 2)means be employed to weaken the defense
 Superior Strength
˃ To use purposely excessive force out of proportion to the means of defense available to the person attacked
˃ There must be evidence that accused were physically stronger and that they abused such superiority
˃ Mere fact of being superior in numbers is not sufficient
˃ Depends of age, size, and strength of the parties
˃ Offenders will be guilty in the character of principals
˃ Absorbs Band(Cuadrilla)
ALGRACE BELLINGAN
˃ Aggravating when:
 A strong man ill-treated a child
 Aggressors were police officers fully armed and deceased was defenseless and drunk
 Victim was an innocent and tender baby
 Attack by a man with a deadly weapon upon an unarmed and defenseless woman
 The weapon used is out of proportion to the defense available to offended party
 Simultaneous attack by two persons with revolvers against a defenseless person
 Coercion and forcible abduction, when greatly in excess of that required to commit the offense
 Illegal detention where six persons took and carried away the victim
 Robbery with rape committed by five armed men
 Multiple rape committed by four men
 Robbery with homicide committed by three men
˃ Not aggravating when:
 One who attacks another with passion and obfuscation
 When a quarreled arouse unexpectedly
 Attack was made on the victim alternately, one after the other
 Parricide against wife since it is inherent in the crime
 Accused did not conspire to kill the victim
 One acted as principal while the other as accomplice
˃ Band vs Abuse of Superiority: unlike the former, what is taken into account is not the number, but their relative
physical might vis-a-vis the offended party
 Means employed to weaken the defense
˃ Applicable only to crimes against persons, sometimes against person and property, such as robbery with physical
injuries
 Throws a cloak over the head of his opponent and while in this situation, he wounds or kills him
 Suddenly casts sand or dirt upon the eyes of the deceased
 Intoxicates the victim to weaken the resisting power; but when victim cannot put up any sort of defense, it is
treachery
16. The act committed with treachery (alevosia) -- when offender commits any of the crimes against person, employing means,
methods, or forms in the execution, without risk to himself arising from the defense which the offended party might make
 Requisites:
1. At the time of the attack, the victim was not in a position to defend himself
2. Offender consciously adopted the particular means, method or form of attack employed by him
 Characteristics: deliberate, sudden, unexpected
 Offended party was not given opportunity to make a defense
 A sudden, unexpected attacked without warning and without giving the victim opportunity to defend
 Applicable to crimes against persons
 Means, methods or forms need not insure accomplishment of crime
 Mode of attack must be consciously adopted
 Cannot be presumed, but it should proven as fully as the crime itself. Must be proved by clear and convincing evidence
 Intent to kill is not necessary in murder with treachery
 May exist even if the attack is face to face
 Aggravate the liability of the actual killer only, but not the principal by induction if there is no proof that the principal
directed or induced the killer to adopt the means or methods to be used in accomplishing the crime
 When there is conspiracy, treachery is considered against all offenders/ Mastermind should have knowledge of the
employment of treachery if he was not present when the crime was committed
 Applies even when victim is not the person whom the accused intended to kill
 Intervention of other persons who didn’t directly & especially insure the execution of the crime w/out risk is not treachery
 Treachery, evident premeditation and use of superior strength are absorbed in treason by killings
 Inherent in murder by poisoning
ALGRACE BELLINGAN
 Cannot co-exist with passion or obfuscation
 Rules:
1. When the aggression is continuous, treachery must be present in the beginning of the assault
2. When the assault was not continuous, in that there was an interruption, it is sufficient that treachery was present at
the moment the fatal blow was given
 There is treachery when:
˃ Act of shooting the victim from a distance
˃ Accused made a deliberate surprise attack on the victims
˃ Victim was pleading for mercy and his hands were raised when another struck him on the neck with a bolo
˃ Accused strategically placed himself in a forested area and fired at the unsuspecting victim
˃ Victim was reduced to helplessness before she was shot
˃ Victim was shot while gathering tuba on top of the coconut tree
˃ Accused shoot the victim at night while he was urinating on the porch
˃ Victim was tied and gagged before being stabbed
˃ Victim was unarmed and drunk when he was suddenly assaulted by the accused
˃ The attack was deliberate, sudden and unexpected from behind the victim
˃ Accused, riding a motorcycle, suddenly and without warning shot the victim in the back as the motorcycle sped by
˃ Deceased was stabbed without warning
 Attacks showing intention to eliminate risk:
˃ Victim was asleep
˃ Victim is half-awake or just awakened
˃ Victim grappling or being held
˃ Victim is attacked from behind
 Though there are no witnesses, there is treachery when:
˃ Victim is tied elbow to elbow, his body many wounds and his head cut off
˃ Killing of a child
 There is no treachery when:
˃ Assailant was alone while victim had four companions
˃ No witnesses have seen how deceased was shot
˃ Witness did not see how it all began and could not provide the details of the initial attack
˃ Attack was frontal and was a result of a rash and impetuous impulse of the moment
˃ The malefactors gave an ominous warning of their presence
˃ Accused announce their presence
˃ There is no proof that the death of the victim was the result of meditation, calculation, or reflection
˃ Decision to kill was sudden and was purely accidental
˃ Meeting of the accused and victim is casual and the attack impulsively done
˃ Shooting is preceded by a heated discussion
17. Means employed or circumstances brought about which add ignominy to the natural effects of the act
 Basis: The means employed
 Ignominy is a circumstance pertaining to the moral order which adds disgrace and obloquy to the material injury
 Applicable to crimes against chastity, less serious physical injuries, light or grave coercion and murder
 When humiliation or means employed was done after the death, no ignominy
 No ignominy when a man is killed in the presence of his wife
 There is ignominy when:
˃ Accused raped a woman after winding cogon grass around his genital organ
˃ Before deceased was killed, he was forced to kneel in front of his house servants
˃ One rapes a married woman in front of her husband
˃ Accused used the dog style intercourse
˃ A woman was successively raped by four men
˃ Accused compelled an old woman to confess to the theft, maltreated her and took of her drawers
˃ Accused ordered victim to exhibit her nakedness for about two minutes before raping her
˃ Accused examined the genital before he ravished her in the presence of her father
ALGRACE BELLINGAN
˃ While victim was squatting on the shore, the assailant unexpectedly appeared behind her, held her hair, tilting her face
and inserted into her mouth the muzzle of his pistol and fired causing her death
The crime be committed after an unlawful entry -- when an entrance is effected by a way not intended for the purpose
18.
 Example: The thief entered into a window to gain access of the house
 Unlawful entry must be a means to effect entrance, not escape
 Inherent in crime of robbery with force upon things, but not in robbery with violence against or intimidation of persons
 If alleged in the information, qualifies theft to robbery; but if only proven during trial, may only raise penalty for theft to
maximum
 Not aggravating in trespass to dwelling, but taken separately with dwelling in murders committed in a dwelling
19. As a means to the commission of a crime, a wall, roof, floor, door, or window be broken
 Example: The accused cut the ropes at the rear of a field tent and killed two soldiers inside the tent
 Aggravating only when offender resorted to said means to effect entrance only
 Inherent on robbery with force upon things
 Lawful if an officer, in order to make an arrest, breaks into a building or enclosure where the person to be arrested is
20. The crime be committed 1) with the aid of persons under 15 years of age or 2) by means of motor vehicle, airships, or
other similar means
 Example 1: A caused B, 12 years old, to climb the wall of the house of C and take the clothes & other personal property of C.
 Example 2: A forcibly took and carried away a woman by means of an automobile to another town.
 The first circumstance tends to repress the practice of criminal in availing minors to perform the criminal act, while the
second circumstance is intended to counteract the great facilities found by modern criminals
 The motor vehicle should be use in going to the place of the crime, in carrying away the effects thereof, and in facilitating
the escape
 If motor vehicle is used only in facilitating the escape, should not be considered aggravating
 Not aggravating when motor vehicle is only incidental and was not purposely sought to facilitate the commission of the
crime
 Estafa cannot be committed by means of motor vehicle
 Theft, committed by merely taking personal property which need not be carried away, cannot be committed by means of
motor vehicles
 Bicycle is not considered as a motorized vehicle
21. The wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its
commission. (Cruelty)
 Basis: The ways employed
 Example: The offender extracted the eye, burned the mouth and other parts of the body of an infant
 Requisites:
1. The injury caused be deliberately increased by causing other wrong
2. The other wrong be unnecessary for the execution of the purpose of the offender
 Cruelty is when culprit enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical
pain in the consummation of the criminal act
 Cruelty is physical suffering of victim
 It is essential that the wrong done was intended to prolong the suffering of the victim
 It cannot be presumed. Evidence must show that the sadistic culprit, for his pleasure and satisfaction, caused the victim to
suffer slowly and gradually
 Plurality of wounds alone does not show cruelty
 No cruelty when:
˃ No appreciable time intervening between the infliction of one wound and that of another
ALGRACE BELLINGAN
˃ When other wrong was done after victim was dead
 Ignominy vs Cruelty: The former involves moral suffering while the latter refers to physical suffering
 Rapes, robbery and other forms of cruelties are aggravating circumstances of ignominy and cruelty in treason
 Rape is aggravating in robbery with homicide and in murder
 Additional aggravating circumstances: Syndicate, Unlicensed Firearm, Carnapped Vehicle
 Aggravating circumstances under SPL:
1. RA10591, Sec 29 - use of loose firearm,
2. RA 9165, Se 25 - Under the influence of dangerous drugs
3. RA 9165, Sec 16 - Cultivation or Culture of Plants Classified as Dangerous Drugs
4. RA 9165, Sec 14 - Possession of equipment, instrument, apparatus or other paraphernalia for dangerous drugs during
parties, social gatherings or meetings
5. RA 9165, Sec 13 - Possession of dangerous drugs during parties, social gatherings, or meetings
6. RA 9165, Sec 10 - Manufacture, Delivery of Equipment, Instrument, Apparatus, and other Paraphernalia for Dangerous
drugs and /or Controlled Precursors and Essential Chemicals
7. RA 9165, Sec 8 - Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
8. RA 9165, Sec 6 - Maintenance of Den, Dive or Resort Where any dangerous drug is used or sold in any form
9. RA 9165, Sec 5 - Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous
Drugs and/or Controlled Precursors and Essential Chemicals
10. RA 9165, Sec 4 - Importation of Drugs and/or Controlled Precursors and Essential Chemicals
 Aggravating circumstances peculiar to certain felonies:

˃ Violation of domicile be committed in the nighttime
˃ Interruption of religious worship committed with violence or threats
˃ Direct assault is committed with a weapon or when offender is public officer or employee or when a person lays hands
upon a person in authority
˃ Slavery be committed for the purpose of assigning the offended party to some immoral traffic
˃ Grave threats be made in writing or through a middleman
˃ Robbery with violence against or intimidation of persons (except robbery with homicide, or robbery with rape,etc.) is
committed in an uninhabited place or by a band, etc.
˃ Robbery with the use of force upon things is committed in an uninhabited place and by a band
CHAPTER 3: ALTERNATIVE CIRCUMSTANCES
ARTICLE 15. ALTERNATIVE CIRCUMSTANCES are those which must be taken into consideration as aggravating or mitigating
according to the nature and effects of the crime and the other conditions attending its commission.
Basis: The nature and effects of the crime and the other conditions attending its commission.
Alternative Circumstances:
1. Relationship
 Shall be taken into consideration when the offended party is the:
1. Spouse
2. Ascendant (includes stepfather/stepmother, adopted parent)
3. Descendant (includes stepson/stepdaughter, adopted child)
4. Legitimate, natural, or adopted brother or sister
5. Relative by affinity in the same degree of the offender
 Exempting or No criminal liability, only civil liability shall result from the commission of the crime of theft, swindling, or
malicious mischief, committed or caused mutually by spouses, ascendants, descendants, or relatives by affinity in the same
line; brothers and sisters and brothers-in-law and sisters-in-law, if living together.
 Neither mitigating or aggravating when relationship is an element of the offense such as in Parricide, Adultery, Concubinage
 Relationship by affinity should not be deemed to aggravate the crime in the absence of evidence to show that the offended
party is of a higher degree in relationship than that of the offender.
ALGRACE BELLINGAN
 “Other condition attending” - Generally, relationship of brother-in-law is aggravating when one commits a crime against the
other. However, relationship of brothers-in-law is mitigating in the Ancheta case since the deceased has an adulterous
relations with the wife of the accused, and in the Velarde case since the deceased was suffering from an attack of insanity
and the accused, brother-in-law, performed the act in his desire to place the deceased under control (rendered service to a
relative).
Relationship is Mitigating in… Relationship is Aggravating in…
 Crimes against property such as in robbery, usurpation,  Crimes against persons in cases where the offended party
fraudulent insolvency and arson is a relative of a higher degree than the offender or the
offender and offended party are relatives of the same
level.
 Less serious physical injuries and slight physical injuries, if  Less serious physical injuries or slight physical injuries if
offended party is a relative of a lower degree of the the offended party is a relative of a higher degree of the
offender, and an aggravating circumstance if the offended offender
party is a relative of a higher degree of the offender
 Trespass to dwelling  Serious Physical injuries even if offended party is a

descendant of the offender
 Homicide or murder, even if the victim is a relative of a

lower degree
 Crimes against chastity, regardless of whether offender is

a relative of higher or lower degree of the offended party
2. Intoxication
To be Mitigating… To be Aggravating…
Basis: exercise of free will is impaired Basis: offender resorted to it in order to bolster his
courage to commit a crime
 Requisites:  Requisites:
1) not habitual, or 1) habitual, or
2) not subsequent to the plan to commit a felony 2) intentional -- drink liquor fully knowing its effects
 It must be shown that a) at the time of the commission of  Accused has given to intoxication by excessive use of
the criminal act, he has taken such quantity of alcoholic intoxicating drinks, and that the habit is actual and
drinks as to blur his reason and deprive him of a certain confirmed, but not necessary that it is continuous or by
degree of control, and b) that such intoxication is not daily occurrence; or the accused decided to kill the
habitual, or subsequent to the plan to commit the felony deceased and planned to commit the crime prior to
intoxication.
 Offender’s mental faculties must be affected by  Although accused, from some time had been drinking
drunkenness freely of intoxicating liquor, he was sufficiently sober to
know what he was doing when committing the act
 Intoxication must diminish the agent’s capacity to know  Although accused had taken some liquor, he was aware of
the injustice of his acts, and his will to act accordingly everything that occurred and was able to give detailed
account thereof
 Amount of liquor must be of such quantity as to blur the  Amount of liquor taken was not of sufficient quantity to
offender’s reason and deprive him of self-control affect his mental faculties
 Accused state of intoxication must be proved and  It must be proven that intoxication was habitual or was
established by satisfactory evidence. Once intoxication is intentional, meaning accused that accused intoxicated
established, in the absence of proof to the contrary, it is himself to bolster his courage to commit the crime
presumed to be non-habitual or unintentional or merely
accidental.
ALGRACE BELLINGAN
 Example: A was proven to be under the influence of liquor  Example: B decided to kill C and planned to commit the
in the afternoon immediately preceding the incident and crime by preparing the means to carry it out. When B was
there is no evidence that he is a habitual drunkard or the ready to kill C, he drank 3 glasses of wine, looked for C and
intoxication was intentional. killed C.
Note:Non-habitual intoxication, lack of instruction and obfuscation are not to be taken separately. It should be taken as one
mitigating circumstance only.
ALGRACE BELLINGAN
3. Degree of instruction and education
Mitigating when… Not Mitigating when…

 Offender has low degree of instruction and education,  Offender has finished grade two and answered in Tagalog,
generally mitigating questions put to him in English
 Offender has not received any instruction.  Offender has studied up to sixth grade
 Offender has not finished even the first grade in  Offender is merely illiterate, but does not lack intelligence
elementary school
 Offender lacks sufficient intelligence, which is required in Offender is unable to write because of lack of educational

illiteracy. The determination of illiteracy is left to the trial
facilities or opportunities, yet he is highly or exceptionally
court. intelligent and mentally alert that he easily recognized the
full significance of his acts
 Offender is able to sign his name but otherwise so densely  Lack of sufficient instruction is not mitigating when the
ignorant and of such low intelligence that he does not offender is a city resident who knows how to sign his
fully realize the consequences of his criminal act name
 Crimes against property such as estafa, theft robbery,
arson. Only Exception:mitigating in theft of large cattle
committed by a member of an uncivilized tribe of Igorots
(US v. Maqui, 1914)
 Crimes against chastity such as rape and adultery, because
no one is ignorant as not to know that rape is wrong and
in violation of the law
 Treason, because love of country should be a natural
feeling of every citizen. Exception: Accused schooling was
confined in studying and finishing caton only (People v.
Marasigan)
 Murder, because to kill is forbidden by natural law which
every rational being is endowed to know and feel.
Exception: Accused were so ignorant as to believe in
witchcraft (People v. Laolao). Appellants were “ignorant
people living in a barrio almost 20 kilometers away from
civilization” (People v. Mantala, 1959)
Aggravating when… Not Aggravating when…
 Offender has high degree of instruction or education, and  Accused did not take advantage of his high degree of
he avails himself of his learning in committing the crime education when he inflicted physical injuries to the victim
 Examples: 
 A lawyer , who, with abuse of his education and learning,
commit estafa.
 A medical student who was convicted of slander by deed.
 The offender has finished his post-graduate degree and, 
using his knowledge, prepared certain kind of poison to
kill his victim in such a way as to avoid detection
 Lack of instruction must be proved positively and directly by the defense and cannot be based on mere deduction or
inference
 The question of lack of instruction cannot be raised for the first time in appellate court. It is for the trial court to find and
consider
 Membership in a cultural minority does not per se imply being an uncivilized or semi-civilized state of the offender.
ALGRACE BELLINGAN
CHAPTER 3: ABSOLUTORY CAUSE
ABSOLUTORY CAUSES are those where the act committed as a crime but for reasons of public policy and sentiment there is no
penalty imposed.
Complete defenses in criminal cases:
1. Any of the essential elements of the crime charged is not proved by the prosecution and the elements proved do not
constitute the crime.
2. The act of the accused falls under Justifying Circumstances.
3. The act of the accused falls under the Exempting Circumstances.
4. Cases covered by absolutory causes:
a. Art 6: Spontaneous desistance during attempted stage and no crime under another provision of the Code or other
penal law is committed.
b. Art 7: Light felony is only attempted or frustrated, and is not against persons or property
c. Art 20: Accessories who are relative of the principal
d. Art 124: Legal grounds for arbitrary detention (confinement in a hospital)
e. Art 247: Only slight or less serious physical injuries inflicted under exceptional circumstances (the person who
surprise his spouse or daughter in the act of sexual intercourse with another person)
f. Art 280: Legal grounds for trespass
g. Art 332: Crime of theft, swindling, malicious mischief committed against a relative
h. Art 344: Marriage of the offender with the offended party in cases of seduction, abduction, acts of lasciviousness
and rape.
i. Instigation committed by police officer, not entrapment
j. Instigation is when a public officer or a private detective induces an innocent person to commit a crime and would
arrest him upon or after the commission of the crime. Criminal design is from the public officer.
k. Entrapment is when a person has planned, or is about to commit a crime and ways and means are resorted to by a
public officer to trap and catch the criminal. The criminal design comes from the offender.
l. There is neither instigation or entrapment when the violation of the law is simply discovered.
5. Guilt of the accused not established beyond reasonable doubt
6. Prescription of crimes
7. Pardon by the offended party before the institution of criminal action in crime against chastity
Note: Assurance of immunity by a public officer does not exempt a person from criminal liability.
ALGRACE BELLINGAN
CHAPTER 4: PERSONS CRIMINALLY LIABLE
ART 16. WHO ARE CRIMINALLY LIABLE?

 For Grave and Less Grave Felonies:
1. Principals
2. Accomplices
3. Accessories
 For Light Felonies:
1. Principals
2. Accomplices
˃ Accessories is not liable for light felonies because the social wrong as well as the individual prejudice is so small that
penal sanction is deemed not necessary.
 Treble division of persons criminally liable rests upon the very nature of their participation in the commission of the crime.
 Rules relative to light felonies:
1. Punishable only if consummated
2. When committed against persons or property, punishable even in the attempted or frustrated stage
3. Only principals and accomplices are liable
4. Accessories are not liable even when crime is committed against persons or property
In all crimes, there is always the active subject (criminal) and the passive subject (injured party).
Only natural persons can be the active subject, while corpse or animal cannot be passive subject. Exception: Art 353. The crime of
defamation may be committed if the imputation tends to blacken the memory of the one who is dead.
ART 17. PRINCIPALS

 Three classification of principals:
1. By direct participation: Those who take a direct part in the execution of the act
2. By inducement: Those who directly force or induce others to commit the crime
3. By indispensable cooperation: Those who cooperate in the commission of the offense by another act without which it
would not have been accomplished
 In illegal recruitment, the employee may be held liable if he had knowledge and actively participated in the act.
 Example: A, by promise of price and reward, induced B to kill C, a person living in a separate island far from the mainland. D,
the owner of the only motor boat in the place and knowing the criminal design, offered to transport and actually
transported B to the island. Once there, B alone killed C.
Here, A - principal by inducement. B - principal by direct participation. D - principal by indispensable cooperation.
 Principal under the three categories vs A Co-conspirator. The former’s criminal liability is limited to his own acts. The latter’s
responsibility includes acts of his fellow conspirators.
1. Principal by Direct Participation

 Personally takes part in the execution of the act
 Two or more offenders may be principals by direct participation if they:
i. Participated in the criminal resolution
ii. Carried out their plan and personally took part in its execution by acts directly tended to the same end.
i. First Requisite: Participated in the Criminal Resolution:

˃ They were in conspiracy at the time of the commission of the crime
˃ Conspiracy
 Exists when two or more persons come to an agreement concerning the commission of a felony. Mere
knowledge, acquiescence or approval of the act without cooperation or agreement to cooperate is not
enough. There must be intentional participation in the transaction with a view to the furtherance of the
common design and purpose.
 Silence does not make one a conspirator. Mere presence is not sufficient.
 Arises on the very instant the plotters agree to commit the felony.
ALGRACE BELLINGAN
 Must be established by positive and conclusive evidence, and proven beyond reasonable doubt.
 There must be an overt act either by actively participating or by lending moral assistance.
 It is not enough that a person participated in the assault, he must also participate in the criminal resolution.
 Presumed when crime is committed by a band.
 There may be conspiracy even if there is no evident premeditation on the part of the accused.
 Liability of participants: Collective responsibility since the act of one is the act of all.
 The conspirators are liable for all the natural and inherent consequences of such plan.
 A conspirator is not liable for another’s crime which is not an object of the conspiracy or which is not a
necessary and logical consequence thereof
 A person in conspiracy with others, who had desisted before the crime was committed by the others, is not
criminally liable.
 There could be no conspiracy to commit an offense through negligence
 In case of criminal negligence or crimes punishable by special law, allowing or failing to prevent an act to be
performed by another, makes one a co-principal.
 Unity of purpose and intention is shown in:
 Spontaneous agreement assailants are animated by one and the same purpose
 Active cooperation by all offenders
 Contributing positive acts to the realization of a common criminal intent
 Presence during the commission of the crime by a band and lending moral support thereto
ii. Second Requisite: Carried out their plan and personally took part in its execution by acts directly tended to the same
end.
˃ Must be at the scene of the crime, personally taking part in the execution. Exception: Conspiracy to kidnap and kill
and only one of the conspirators kidnapped the victim and left the spot where the victim was killed by other
conspirators.
˃ Acts of each offender must directly tend to the same act
˃ When this requisite is lacking, there is only conspiracy. Hence if crime they commit is not treason, rebellion or
sedition, they are not criminally liable
˃ Conspiracy alone, without the execution of its purpose, is not a crime punishable by law, except in special
instances
 In Conspiracy by Prior Agreement - the principal by direct participation who does not appear at the crime scene is not
liable because:
a. Non-appearance means desistance which is favoured and encouraged
b. Conspiracy is generally not a crime unless the law specially provides penalty therefor
c. There is no basis for criminal liability because there is no criminal participation
2. Principal by Induction (principals by inducement, mastermind)

 Those who directly force or induce others to commit the act
 Liable even if he/she did not appear in the crime scene
 Becomes liable only when the principal by direct participation committed the act induced
 Requisites:
i. The inducement be made directly with the intention of procuring the commission of the crime
ii. Such inducement be the determining cause of the commission of the crime by the material executor
 Two ways of becoming principal by induction:
A. By directly forcing another to commit a crime (the one forced or the material executor is exempt from criminal liability)
a) By using an irresistible force
b) By causing an uncontrollable fear
B. By directly inducing another to commit a crime
a) By giving price, or offering reward or promise
b) By using words of command
 To constitute inducement, there must exist on the part of the inducer the most positive resolution and the most persistent
effort to secure the commission of the crime, together with the presentation to the person induced of the very strongest
kind of temptation to commit the crime.
ALGRACE BELLINGAN
i. The inducement be made directly with the intention of procuring the commission of the crime
˃ Ex. Accused blinded by grudge, caused her co-accused, through promise of pecuniary gain, to shoot the victim with a
gun which she has provided.
˃ A thoughtless expression without intention to produce the result is not an inducement to commit a crime.
˃ Inducement may be by acts of command, advice, or through influence or agreement for consideration
˃ Words of advice or influence may have actually moved the hands of the principal by direct participation
˃ Words of command of a father may induce his son to commit a crime
ii. Such inducement be the determining cause of the commission of the crime by the material executor
˃ Without such inducement the crime would not have been committed
˃ If the principal by direct participation had personal reason to commit the crime so that he would commit it just the
same even if no inducement was made by another, this second requisite does not exist.
˃ Inducement must precede the act induced and must be so influential in producing the criminal act
˃ Price given to the principal by direct participation after the commission of the crime , without prior promise to give a
price or reward, could not be an inducement
˃ If the crime committed is not contemplated in the order given, the inducement is not material and not the determining
cause thereof
˃ In falsification, the one who performed the overt act due to the inducement of the accused, was an innocent agent who
does not have any knowledge of the falsity of the facts of the accuses, hence he is not criminally liable.
˃ With respect to command,
 It must be the moving cause of the offense
 The inciting words must have great dominance and influence over the person who acts
 Five requisites must be present:
1) The one uttering the words of command must have intention of procuring the commission of the crime
2) The one who made the command must have an ascendancy or influence over the person who acted
3) The words used must be so direct, so efficacious, so powerful as to amount to physical or moral coercion
4) The words of command must be uttered prior to the commission of the crime
5) The material executor of the crime has not personal reason to commit the crime
When there is conspiracy, ascendancy or influence as to amount to moral coercion is not necessary.
 Principal by inducement vs Offender who made proposal to commit a felony
Principal by inducement vs Offender who made proposal to commit a felony

Principal by inducement becomes liable only when Mere proposal to commit a felony is punishable in
the crime is committed by the principal by direct treason and rebellion. If the person to whom the
participation. proposal is made, commits the crime, the proponent
becomes a principal by inducement.
The inducement involves any crime The proposal to be punishable must involve only
treason or rebellion
There is inducement
 Effects of acquittal of principal by direct participation upon the liability of principal by inducement:
1. Conspiracy is negatived by the acquittal of co-defendant
2. One cannot be held guilty of having instigated the commission of a crime without first being shown that the crime has
been actually committed by another
 Possessor of a recently stolen property is a principal
3. Principal by Indispensable Cooperation

 Those who cooperate in the commission of the offense by another act without which it would not have been accomplished
 Requisites:
i. Participation in the criminal resolution: there is anterior conspiracy or unity of criminal purpose and intention
immediately before the commission of the crime charged
ALGRACE BELLINGAN
ii. Cooperation in the commission of the offense by performing another act, without which it would not have been
accomplished
 Cooperate means to desire or wish in common a thing
 The common will or purpose does not necessarily mean previous understanding
i. Participation in the criminal resolution: there is anterior conspiracy or unity of criminal purpose and intention
immediately before the commission of the crime charged
˃ Concurrence with the principal by direct participation in the purpose of the latter is sufficient
˃ In estafa, on who, by acts of negligence, cooperates in the commission of the act through falsification or malversation
through falsification without which negligent acts the commission of the crime could not have been accomplished, is a
co-principal. He is guilty of the same crime through reckless imprudence.
ii. Cooperation in the commission of the offense by performing another act, without which it would not have been
accomplished
˃ Cooperation must be indispensable, else the offender is only an accomplice
˃ Act of the principal by indispensable cooperation must be different from the act of the principal by direct participation
˃ If the cooperation of one of the accused consists in performing an act necessary in the execution of the crime
committed, he is a principal by direct participation
Collective responsibility vs Individual criminal responsibility

When the offenders are criminally liable in the same In the absence of previous conspiracy, unity of criminal
manner and to the same extent purpose and intention, or community of criminal design
Penalty to be imposed must be the same for all Each of the participant is liable only for the act
committed by him
ART 18. ACCOMPLICES

 Accomplices are the persons, who, not being included in Art 17, cooperate in the execution of the offense by previous or
simultaneous acts
 Requisites:
i. There be a community of design. Knowing the criminal design of the principal by direct participation, he concurs with
the latter in his purpose
ii. He cooperates in the execution of the offense by previous or simultaneous acts, with the intention of supplying
material or moral aid in the execution of the crime in an efficacious way
iii. There be a relation between the acts done by the principal and those attributed to the person charged as accomplice
 In quasi-collective criminal responsibility, some offenders are principals and others are accomplices
 His/her participation presupposes the commission of the crime by the principal by direct participation
 There is a concurrence of the will of the accomplice with the will of the author of the crime
 When there is no conspiracy, but they were animated by one and the same purpose, those who cooperated by previous or
simultaneous acts but cannot be held liable as principals are accomplices.
 In case of doubt as to whether the offender is a principal or an accomplice, the participation of the offender will be
considered that of an accomplice.
 When participation of an accused is not disclosed, he is only an accomplice.
 Does not have previous agreement or understanding or is not in conspiracy with the principal by direct participation, but
participates to a certain point in the common criminal design
Accomplices vs Conspirators
Come to know about the course of action after the principals Know the criminal intention because they themselves have
have reached the decision. Only do they agree to cooperate decided upon such course of action
in its execution
Merely concur on the decision. They merely assent to the Decide that a crime should be committed
plan and cooperate in its accomplishment.
ALGRACE BELLINGAN
Merely instruments who performs acts not essential to the Authors of crime
perpetration of the offense
Know and agree with the criminal design
 Gets a penalty one degree lower than that provided for the principal in a consummated felony
i. There be a community of design. Knowing the criminal design of the principal by direct participation, he concurs with
the latter in his purpose.
˃ There must be a principal by direct participation
˃ The principal originates the criminal design, accomplice merely concurs.
˃ The cooperation that the law punishes is the assistance knowingly or intentionally given and which is not possible
without previous knowledge of the criminal purpose
˃ An accomplice acquires knowledge of the criminal design of the principal 1) when the principal informs or tells the
accomplice of the former’s criminal purpose, or 2) when the accomplice saw the criminal acts of the principal
˃ A person who assails a victim already fatally wounded by another is only an accomplice
˃ No knowledge of the criminal design of the principal, does not make one an accomplice
˃ The accomplice intends by his acts, to commit or take part in the execution of the crime
˃ It is sufficient if there was a common purpose to commit a particular crime and that the crime actually committed was
a natural or probable consequence of the intended crime.
ii. He cooperates in the execution of the offense by previous or simultaneous acts, with the intention of supplying
material or moral aid in the execution of the crime in an efficacious way
˃ The cooperation of the accomplice is only necessary, but not indispensable
˃ Cooperation of the accomplice should not be due to a conspiracy, else he will be a principal by conspiracy
˃ Merely supplies the principal with material or moral aid without conspiracy
˃ The wounds inflicted by an accomplice in crimes against persons should not have caused the death of the victim
˃ The one who had the original criminal design is the person who committed the resulting crime
˃ Absent knowledge of the criminal purpose, being present and giving moral support when a crime is being committed
will not make one an accomplice.
˃ Mere presence, silence and failure to give alarm does not make one an accomplice
˃ Moral aid may be through advice, encouragement, or agreement, but it should not be the determining cause of the
commission of the crime
iii. There be a relation between the acts done by the principal and those attributed to the person charged as accomplice
˃ Not enough that a person entertains an identical criminal design
˃ An accomplice may be held liable for a crime different from that which the principal committed
 Accomplices under Special Penal Laws

˃ RA 9372: Human Security Act of 2007
˃ RA 9208 as amended by RA 10634: Anti-trafficking in Person Act
˃ RA 10168: The Terrorism Financing Prevention and Suppression Act of 2012
˃ RA 6713: Code of Conduct and Ethical Standards for Public Officials and Employees
˃ RA 8042 as amended by RA 10022: Migrant Workers and Overseas Filipino Act of 1995
ART 19. ACCESSORIES

 Those who, having knowledge of the commission of the crime, and without having participated therein, either as principals
or accomplices, take part subsequently to its commission in any of the following manners:
i. By profiting themselves or assisting the offender to profit by the effect of the crime
ii. By concealing or destroying the body of the crime or the effects or instruments thereof, in order to prevent its
discovery
ALGRACE BELLINGAN
iii. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with
abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an
attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.
 Doesn’t participate in the criminal design, cooperate in the commission of the felony or induce the commission of the crime
 Does not cooperate in the commission of the offense by acts either prior thereto or simultaneous therewith
 The participation of the accessory always takes place after the commission of the crime
 Must have knowledge of the commission of the crime and took part subsequent to its commission
 Knowledge of the commission of the crime may be acquired subsequent to the acquisition of stolen property
 Knowledge may be established by circumstantial evidence
 Mere possession of stolen property does not make the accused an accessory where the thief was already convicted
 If there has been no one convicted as the thief, the possessor should be prosecuted as principal of the crime of theft
 Should not be in conspiracy with the principal
 Entertaining suspicion that a crime has been committed is not enough.
 Suspicion: imagination of the existence of something without proof, upon very slight evidence or upon no evidence at all.
i. By profiting themselves or assisting the offender to profit by the effect of the crime
˃ Any crime, provided it is not a light felony
˃ Accessory should not take the property without the consent of the principal, else he will be a principal in the crime
of theft
˃ When is profiting by the effects of the crime punished as the act of principal, not the act of accessory?
Art 307. When a person knowingly acquired or received property taken by the brigands
˃ A person who receives any property from another, which he knows to have been stolen, and sells the same for the
thief to whom he gives the proceeds of the sale, is guilty of the crime of theft, as an accessory
˃ In kidnapping, those who acted as runners or couriers in obtaining the ransom money assisted the offenders to
profit by the effects of the crime
ii. By concealing or destroying the body of the crime or the effects or instruments thereof, in order to prevent its
discovery
˃ Body of the crime same as “Corpus Delicti,” which means that a specific offense was in fact committed by
someone
˃ Ex.: burial of the victim, furnishing to make it appear that deceased was armed, attempt to hide body of the crime
˃ What is concealed is the body of the crime, effects or instruments, not the principal, else paragraph 3 applies
iii. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with
abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to
take the life of the Chief Executive, or is known to be habitually guilty of some other crime.
a) Public officers who harbor, conceal or assist in the escape of the principal of any crime, not light felony, with abuse
of his public functions
 Requisites:
 Accessory is a public officer
 He harbors, conceals, or assists in the escape of the principal
 The public officer acts with abuse of his pubic functions
 The crime committed by the principal is any crime,except for light felonies
b) Private persons who harbor, conceal or assist in the escape of the author of the crime - guilty of (TAMPO) Treason,
Attempt against the life of the President, Murder, Parricide, or who is known to be habitually guilty of Other crime
 Requisites:
 Accessory is a private person
 He harbors, conceals, or assists in the escape of the author of the crime
 The crime committed by the principal is either: (TAMPO)
 Treason
 Attempt against the life of the President
 Murder
 Parricide
 Know to be habitually guilty of some Other crimes
ALGRACE BELLINGAN
˃ A mayor who refused to prosecute offender is an accessory

˃ One who kept silent with regard to the crime he witnessed is not an accessory, unless the person volunteered
false information to deceive the prosecuting authorities
˃ Accessories penalty is liability is subordinate and subsequent
˃ Conviction of an accessory is possible notwithstanding the acquittal of the principal, if the crime was in fact
committed, but the principal was not held criminally liable because of an exempting circumstance
˃ Apprehension and conviction of the principal is not necessary for the accessory to be held criminally liable
˃ The trial of an accessory can proceed independently without awaiting the result of the separate charge against the
principal as long as the commission of the offense can be duly established
˃ The accused cannot be held liable as accessory under paragraph 3 if the principal charged with murder died before
trial, because had he been alive he might have been found guilty only of homicide
˃ There can be an accessory even after the principal was convicted, but the crime committed by the real culprit
must be treason, attempt to take the life of the President, murder, parricide, or known to be habitually guilty of
some other crime
˃ Offender to be assisted must be a principal; assisting an accomplice is not included
˃ Heavy penalty for accessories in robbery and theft
 Accessory vs Principal and Accomplice

i. Accessory does not take direct part or cooperate in, or induce, the commission of the crime
ii. Accessory does not cooperate in the commission of the offense by acts either prior thereto or simultaneous
therewith
iii. The participation of the accessory in call cases always takes place after the commission of the crime
 An Accessory may be liable as a principal in another crime if his act or omission is also penalized in a special law such as
Fencing (PD1612).
 Accessories under Special Penal Laws

˃ RA 9372: Human Security Act of 2007
˃ RA 9745: Anti Torture Act of 2009
˃ RA 10353: Anti-Enforced or Involuntary Disappearance Act of 2012
˃ RA 9208 as amended by RA 10634: Anti-trafficking in Person Act
˃ RA 10168: The Terrorism Financing Prevention and Suppression Act of 2012
˃ RA 6713: Code of Conduct and Ethical Standards for Public Officials and Employees
˃ RA 8042 as amended by RA 10022: Migrant Workers and Overseas Filipino Act of 1995
ART. 20. ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILITY

 The exemption provided in this article is based on the ties of blood and the preservation of the cleanliness of one’s name,
which compels one to conceal crimes committed by relatives so near as those mentioned in this article
 An accessory is exempt from criminal liability when the principal is his –
i. Spouse
ii. Ascendant
iii. Descendant
iv. Legitimate, natural or adopted brother, sister
v. Relative by affinity within the same degree
 Accessory is not exempt from criminal liability even if the principal is related to him if he:
a. Profited by the effects of the crime
b. Assisted the offender to profit by the effect of the crime.
 When a public officer furnished the means of escape to his brother who had committed murder does not incur any criminal
liability. Ties of blood relationship constitutes a more powerful incentive than the call of duty
ALGRACE BELLINGAN
 The punishable acts in PD 1829, compared to RPC Art. 20 are prompted by a detestable greed, not by affection. The
benefits of the exception in Art. 20 do not apply to PD 1829.
ART 19, RPC vs PD 1829
The principal who was assisted committed only any of the The person who was assisted committed any crime
enumerated felonies (TAMPO), unless the accessory is a
public officer who acts with abuse of public functions
The crime committed by the principal must be under RPC The crime committed by the principal is punishable under
any existing penal law, including the RPC
The person who gave assistance is punished as an accessory The person who gave assistance is punished as the principal
in the offense committed by the principal in the crime of obstruction of justice
ANTI-FENCING LAW OF 1979 (PD 1612)
 Fencing is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep,
acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything
of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or
theft
 Mere possession shall be prima facie evidence of fencing
Penalties:
 Prision mayor, if PHP 22,000.00 > value > PHP 12,000.00; if it exceeds PHP 22,000.00, penalty be imposed to maximum
period adding one year for each additional PHP 10,000.00. Total penalty shall not exceed twenty years or reclusion temporal
 Prision correcional in its medium and maximum periods, if PHP 12,000.00 > value > PHP 6,000.00
 Prision correcional in its minimum and medium periods, if PHP 6,000.00 > value > PHP 200.00
 Arresto mayor in its medium period to prision correccional in its minimum periods, if PHP 200.00 > value > PHP 50.00
 Arresto mayor in its medium period, if PHP 50.00 > value > PHP 5.00
 Arresto mayor in its minimum period, if PHP 5.00 > value
DECREE PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS (PD 1829)
 Penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall be
imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects
and the investigation and prosecution of criminal cases by committing any of the following acts:
(a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or
the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or threats;
(b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its verity,
authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in, criminal
cases, or to be used in the investigation of, or official proceedings in, criminal cases;
(c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or
suspect, has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction;
(d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution of a
judgment, or concealing his true name and other personal circumstances for the same purpose or purposes;
(e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing
proceedings in the fiscal's offices, in Tanodbayan, or in the courts;
(f) making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to
affect the course or outcome of the investigation of, or official proceedings in, criminal cases;
(g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or impeding
the prosecution of a criminal offender;
(h) threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that
of any immediate member or members of his family in order to prevent such person from appearing in the investigation
of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a
person from appearing in the investigation of or in official proceedings in, criminal cases;
ALGRACE BELLINGAN
(i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the
offender or from protecting the life or property of the victim; or fabricating information from the data gathered in
confidence by investigating authorities for purposes of background information and not for publication and publishing or
disseminating the same to mislead the investigator or to the court.
 If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher penalty shall be imposed.
 If any of the foregoing acts is committed by a public official or employee, he shall in addition to the penalties provided
thereunder, suffer perpetual disqualification from holding public office.
ALGRACE BELLINGAN
CHAPTER 5: PENALTIES
GENERAL PRINCIPLES
 Penalty is defined as the suffering that is inflicted by the State for the transgression of a law. Penalty signifies pain.
 Different Juridical Conditions of Penalty: (Please Check Papa Love Coz Ema Can’t)
1. Must be PRODUCTIVE OF SUFFERING, without affecting the integrity of the human personality.
2. Must be COMMENSURATE to the offense –different crimes must be punished with different penalties.
3. Must be PERSONAL –no one should be punished for the crime of another.
4. Must be LEGAL –it is the consequence of a judgment according to law.
5. Must be CERTAIN –no one may escape its effects.
6. Must be EQUAL for all.
7. Must be CORRECTIONAL.
 Theories Justifying Penalty: (Pag SuRE Jud)

i. Prevention - to prevent or suppress the danger to the State arising from the criminal acts of the offender
ii. Self-defense - as a measure of self-defense so as to protect society from the threat and wrong inflicted by the criminal
iii. Reformation - to correct and reform the offender
iv. Exemplarity - to serve as an example to deter others from committing crimes
v. Justice - as an act of retributive justice, a vindication of absolute right and moral law violated by the criminal
 Constitutional Restrictions on Penalties: Excessive fines shall not be imposed, nor cruel and unusual punishment inflicted
˃ Social defense and exemplarity justify the penalty of death (Death penalty has been prohibited by RA 9346)
˃ In lieu of the death penalty, the following shall be imposed:
a) the penalty of reclusion perpetua, when law violated uses the nomenclature of the penalties in the RPC, or
b) the penalty of life imprisonment, if it does not
 Purpose of State in punishing the crime: To secure justice

 The three-fold purpose: (SCoRRE)
1. Retribution/Expiation: penalty is commensurate with the gravity of the offense
2. Correction/Reformation: shown by rules which regulate execution of the penalties constituting in deprivation of liberty
3. Social Defense: shown by its inflexible severity recidivist and habitual delinquents
 Section 22 of the Criminal Code: Kinds of penalties:

1. Imprisonment is the deprivation of liberty by judicial decree through commitment of the offender for a fixed duration to
any correctional facility.
2. Fine is the fixed monetary sanction imposed by a judge based on the severity of the crime committed and the ability of
the offender to pay. It is imposed either as a principal or alternative penalty for the commission of a crime.
3. Community service is performance of unpaid work by an offender to compensate the injury inflicted to society by the
crime committed. It shall be equivalent to the number of days of the offender’s average daily income. It may be imposed by
the court, with the consent of the offender, as an alternative penalty to imprisonment, or for probation or parole.
 Offended Parties in Criminal Law

1. Social Injury (Public) - State; repaired through imposition of the corresponding penalty
2. Personal Injury (Private) - Offended individual - repaired through indemnity, which is civil in nature
 Three Scales of Penalty

1. Art. 25: Principal and Accessory
2. Art. 70: Two or more sentences; 3 fold rule
3. Art. 71: Art 61 in relation to Art 50-57; death is not part of the equation
 Classification of Penalties
i. Principal: given after judgment
ii. Accessory: Presumed to be included in the principal
ALGRACE BELLINGAN
iii. Subsidiary: in lieu of principal penalty; must be included in the decision
ALGRACE BELLINGAN
CHAPTER 5: PENALTIES THAT MAY BE IMPOSED
ART. 21. “No felony shall be punishable by any penalty not prescribed by law prior to its commission.”
 Can only be invoked when a person is being tried for an act or omission for which no penalty has been prescribed by law
 Not a penal provision; Simply announces the policy of the Gov’t with reference to the punishment of alleged criminal acts
 Subsidiary imprisonment for a crime cannot be imposed it it was not prescribed by law prior to its commission
 Example: A was charged with fraud or infringement of literary rights or property. Since there was no copyright law yet at
that time, A cannot be punished for the act.
 What penalty may be imposed for the commission of a felony?
1. Art 21. Only that penalty prescribed by law prior to the commission of the felony
2. Art 366. Felonies punishable under the laws in fore at the time of their commission
3. Art 22. The Penalty prescribed by law enacted after the commission of the felony may be imposed, if favorable to offender
ART. 22. RETROACTIVE EFFECT OF PENAL LAWS

“Penal laws shall have a retroactive effect in so far as they favor the person guilty of a felony, who is not a habitual criminal, as
this term is defined in Rule 5 of Art 62 of this Code, although at the time of the publication of such laws a final sentence has been
pronounced and the convict is serving the same.”
 Its application to RPC can only be invoked when some former or subsequent law is under consideration
 General rule: criminal laws have prospective effect; Exception: when favorable to accused
 Not applicable to civil liability. A new law increasing the civil liability cannot be given retroactive effect
 Criminal liability under former law is obliterated when the repeal is absolute and not a reenactment or repeal by implication
 Criminal liability under the repeals law subsists when:
i. The provision of the former law are reenacted
ii. The repeal is by implication
iii. There is a saving clause
ART. 23. EFFECT OF PARDON BY THE OFFENDED PARTY

“A pardon by the offended party does not extinguish criminal action except as provided in Article 344 of this Code; but civil
liability with regard to the interest of the injured party is extinguished by his express waiver.”
 Pardon under 344 must be made before institution of criminal prosecution. However, it is only a bar to criminal prosecution.
It does not extinguish the criminal liability as provided in Art 89
 The only act that extinguishes the penal action after the institution of criminal action is the marriage between the offender
and the offended party in crimes SARA (Seduction, Acts of lasciviousness, Rape and Abduction)
 Compromise does not extinguish criminal liability
 Civil liability with regard to the interest of the injured party is extinguished by his express waiver
CHAPTER 5: MEASURES OF PREVENTION OR SAFETY WHICH ARE NOT CONSIDERED PENALTIES
ART. 24. The following shall not be considered as penalties: (FAIRS)

1. Fines and other corrective measures which, in the exercise of their administrative or disciplinary powers, superior
officials may impose upon their subordinates
2. Arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or
illness requiring their confinement in a hospital
3. Commitment of a minor to any of the Institutions mentioned in Article 80 and for the purposes specified therein
4. Deprivation of Rights and the reparations which the civil law may establish in penal form
5. Suspension from the employment or public office during the trial or in order to institute proceedings
 They are not penalties because they are not imposed as a result of judicial proceedings
 Fines mentioned should not be imposed by the court, otherwise, they constitute a penalty
ALGRACE BELLINGAN
CHAPTER 5: SPECIFIC PRINCIPAL AND ACCESSORY PENALTIES
ART.25. PENALTIES WHICH MAY BE IMPOSED
 Classification of Penalties according to their Gravity:

PRINCIPAL PENALTIES
Capital Punishment Afflictive Penalties Correccional Penalties Light Penalties
Death Reclusion Perpertua Prision Correccional Arresto Menor
Reclusion Temporal Arresto Mayor Public Censure
Perpetual/Temporary Absolute Disqualification Suspension
Perpetual/Temporary Special Disqualification Destierro
Prision Mayor
Penalties common: Fine and Bond to Keep the Peace
ACCESSORY PENALTIES ( Please Take All, Please Take Some Since Papa VP Checks It From Paris)
Perpetual or Temporary Absolute Disqualification Effects:
a. Deprivation of the public offices and employment which the
offender may have held, even if conferred by popular election.
b. Deprivation of the right to vote in any election for popular elective
office or to be elected to such office.
c. Disqualification for the offices or public employment and for the
exercise of any of the rights mentioned.
In case of temporary disqualification, such disqualification shall last
during the term of the sentence.
d. Loss of all rights to retirement pay or other pension for any office
Perpetual or Temporary Special Disqualification Effects:
a. Deprivation of office, employment, profession or calling affected.
b. Disqualification for holding similar offices or employment either
perpetually or during the term of the sentence, according to the
extent of such disqualification. (Art. 31)
It 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. Offender shall not be permitted to hold any public office
during the period of his disqualification.
Suspension from public office, the right to vote If suspension is imposed as an accessory penalty, the duration is the
and be voted for, the profession or calling same as that of the principal penalty. The person suspended from
holding public office shall not hold another having similar functions
during the period of his suspension.
Civil interdiction Shall deprive the offender during the time of his sentence of the
rights of parental authority, or guardianship, 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.
Indemnification The pecuniary liabilities of the offender:
a. Reparation of the damage caused.
b. Indemnification of consequential damages.
c. Fine
d. Cost of the proceedings.
Applied only if the property of the offender is not sufficient to pay his
pecuniary liabilities. If the offender does not have any property, he is
to undergo subsidiary imprisonment
Forfeiture or Confiscation of instruments and Confiscated and forfeited in favor of the Government unless they be
proceeds of the offense property of a third person not liable for the offense, but those
articles which are not subject of lawful commerce shall be destroyed.
Payment of cost Cost shall include:
ALGRACE BELLINGAN
a) Fees and b) Indemnities in the course of judicial proceedings.
RECLUSION PERPETUA vs LIFE IMPRISONMENT
Penalty provided for in the RPC, and some Penalty usually provided for in special laws
special laws, RA 6425 & PD 1860
Duration of 20 years and one day to 40 years No duration
Maybe reduced by one or 2 degrees Cannot be reduced by degrees
Has accessory penalties Does not have any accessory penalties
 Classification of Penalties according to Subject-Matter:
Subject-Matter Penalty
Corporal Death
Deprivation of Freedom Reclusion Perpetua, Reclusion Temporal, Prision Mayor, Prision Correcional, Arresto Mayor, Arresto Menor
Restriction of Freedom Distierro
Deprivation of Rights Disqualification and Suspension
Pecuniary Fine
PENALTY DURATION Divisibility

Death Repealed by RA 9346 Indivisible
>from 20 years and one day to 40 years, including:
>civil interdiction for life or during the period of the sentence as the case may be
Reclusion Perpertua >perpetual absolute disqualification
Indivisible
>may be pardoned after serving the penalty for 30 years
Reclusion Temporal from 12 years and one day to 20 years Divisible
Perpetual Absolute and

Indivisible
Special Disqualification
If it is the penalty provided in the RPC for the offense, it is a principal penalty; if
Temporary Absolute and not, it is only an accessory penalty.
Divisible
Special Disqualification
>from 6 years and one day to 12 years, including:
Prision Mayor >temporary absolute disqualification Divisible
>perpetual special disqualification from the right of suffrage
>from 6 months and one day to 6 years, including:
Prision Correccional >suspension from public office, from the right to follow a profession or calling Divisible
>perpetual special disqualification from the right of suffrage, imprisonment exceeds 18 mos.
>one month and one day to 6 months
Arresto Mayor >suspension of the right to hold public office & the right of suffrage during term of the sentence
Divisible
>If suspension is imposed as an accessory penalty, the duration is the same as that of the
Suspension principal penalty. The person suspended from holding public office shall not hold another having Divisible
similar functions during the period of his suspension.
>from 6 months and one day to 6 years
Destierro >shall not be permitted to enter the place(s) designated in the sentence , nor within the radius Divisible
therein specified, 250km > radius > 25 km from the place designated
>one day to 30 days
Arresto Menor >served in the municipal jail or in the house of the defendant himself under the surveillance of an Divisible
officer of the law when the court so provided in its decision
If the accused is acquitted, the court has no authority to censure him, because censure, no
Public Censure matter how light a punishment it may be, is repugnant and essentially contrary to an acquittal.
Indivisible
A fine, whether imposed as a single or as an alternative penalty, shall be considered an afflictive

Fine penalty, if it exceeds P 6,000; a correctional penalty, if it does not exceed P 6,000 but it is not less
than P 200; and a light penalty, if it be less than P 200.
ALGRACE BELLINGAN
>should the person sentenced fail to give the bond as required, he shall be detained for a period
Bond to Keep the Peace which shall in no case exceed 6 months, if he shall have been prosecuted for a grave or less grave
felony, and shall not exceed 30 days, if for a light felony.
CHAPTER 5: INDETERMINATE SENTENCE LAW
ACT NO. 4103 AS AMENDED BY ACT NO. 4225. An to provide for an indeterminate sentence and parole for all persons
convicted of certain crimes by the courts of the Philippine Islands…
In imposing a prison sentence for an offence punished by RPC, the court shall apply the indeterminate sentence wherein…
A. The maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed
under the rules of the said Cod, and the minimum of which shall be within the range of the penalty next lower to that
prescribed by the Code for the offense.
B. In offenses punished by any other law, the maximum term of which shall not exceed the maximum fixed by the law and
the minimum of which shall not be less than the minimum term prescribed by the same.
 Examples:
˃ Under Special Law:
A is convicted of illegal possession of firearm punishable by imprisonment from 1 year to 5 years.
The court can impose an indeterminate sentence from 2 years and 1 day, as the minimum, to 4 years, as the
maximum term; 2 years and 1 day to 3 years; or 3 years and 1 day to 5 years.
Under the RPC:
A is convicted of falsification of official document committed by a public officer penalized by prision mayor. There
is one mitigating circumstance of plea of guilty.
In this case, Prision mayor in its full extent should be the basis. Thus, the indeterminate sentence will be:
Max: prision mayor minimum, it its proper period considering after considering the mitigating circumstance
Min: prision correccional, in any of its periods or anywhere within the range of prision correccional without
reference to any of its periods
 Purpose: To uplift and redeem valuable human material, and prevent unnecessary and excessive deprivation of
personal liberty and economic use.
 Shall not apply to persons convicted with:

1. Death Penalty or Life Imprisonment
2. Distierro or suspension
3. Treason, Conspiracy, or Proposal to commit treason
4. Misprision of treason, Rebellion, Sedition, or Espionage
5. Piracy
6. Those who are/have:
i. Habitual delinquents
ii. Escaped from confinement or evaded sentence
iii. Violated terms of conditional pardon
iv. Maximum term of imprisonment does not exceed one year
v. Already sentenced by final judgment at the time of approval of the Act
 Reason for fixing the minimum and maximum penalties:

˃ Whenever prisoner shall have served the minimum, the Board of Indeterminate Sentence may authorize his
release on parole, upon such terms and conditions prescribed by the board
˃ If he violates any of the conditions of his parole, he shall serve the remaining unexpired portion of the maximum
sentence
˃ Even if he has served the minimum, but he is not fitted for release on parole, he shall continue to serve
imprisonment until end of maximum term.
 Factors to be considered by the Court:
1. The criminal, as an individual:
ALGRACE BELLINGAN
i. Age
ii. General health
iii. Mentality
iv. Previous conduct, environment and mode of life
v. Previous education, both intellectual and moral
vi. Proclivities and aptitudes for usefulness or injury to society
vii. Demeanor during trial and attitude with regard to the crime committed
viii. Manner and circumstances in which the crime was committed
ix. Gravity of the offense
2. The criminal, as a member of society
i. His relationship towards his dependents, family and associates and their relationship with him
ii. His relationship towards society at large and the State
 Not applicable when unfavorable to the accused

 Applicable to recidivists
 Based on penalty actually imposed
 Court must determine two penalties: Maximum and Minimum
 Applicable to crimes punishable by RPC and Special law
 Mandatory that “convicts shall be sentenced” & “the court shall sentence the accused to an indeterminate sentence”
 Mitigating and aggravating circumstances are required to be considered only in the imposition of the maximum term
 The duration of the minimum term is within the range of the penalty next lower to that prescribed by the Code,
without regard to its three period
 When there is a privileged mitigating circumstance, the starting point for determining the minimum term is the
penalty next lower from that prescribe by the Code
 When the number of mitigating circumstances is such as to entitle the accused to the penalty next lower in degree,
this penalty should be the starting point for the determination of the penalty next lower
 When there is a complex crime, the penalty immediately next lower is the next below the penalty provided for the
gravest crime
 Illustrations:
1. Neither mitigating nor aggravating circumstance is present
 Penalty in the RPC: Reclusion Temporal
 Maximum: Reclusion Temporal, medium period
 Minimum: Prision Mayor, any period
2. One ordinary mitigating circumstance
 Penalty in RPC: Reclusion Temporal
 Maximum: Reclusion Temporal, minimum period
3. One aggravating circumstance
 Penalty in PRC: Reclusion temporal
 Maximum: Reclusion temporal, maximum period
 Minimum: Prision mayor, any period
4. Two mitigating and one aggravating circumstances
 Penalty in RPC: Reclusion temporal
 Maximum: Reclusion temporal, minimum
5. Grave threats and one aggravating circumstance
 Penalty in RPC: Penalty next lower by 2 degrees that that prescribed by law for the crime. In this case,
homicide has a penalty of reclusion temporal, hence, 2 degrees lower will be Prision Correccional.
 Maximum: Prision Correccional, maximum
 Minimum: Arresto Mayor, any period
ALGRACE BELLINGAN
6. Complex crime: Frustrated homicide with assault upon an agent of a person in authority
 Penalty in RPC: for frustrated homicide(1 degree lower ), prision mayor; for assault, prision correccional
 The penalty for the graver offense will be used as basis, to be applied in the maximum period.
 Maximum: Prision Mayor, maximum
 Minimum: Prision Correccional, maximum
7. Complex Crime and 2 mitigating circumstances: Estafa thru falsification by a public officer
 Penalty in RPC: more serious offense is falsification with penalty of Prision Mayor
 Maximum: Prision Correcional, maximum
8. One privileged mitigating and 1 ordinary mitigating circumstances
 Penalty in RPC: Reclusion Temporal in maximum period to death
 Note: Lower first by one degree and use this as starting point for determining the minimum, then apply the
Ordinary mitigating circumstance (OMC)
 Maximum: Prision Mayor, maximum to Reclusion Temporal, medium; applying OMC, the Max is PM, max
 Minimum: Prision Correcional, maximum to Prision Mayor, medium
9. Two privileged mitigating and 1 ordinary mitigating
 Maximum: Prision Correcional, minimum
 Minimum: Arrestoy Mayor, any period
10. Incomplete self defense (most of the requisites are present), without any ordinary mitigating or aggravating
 Maximum: Prision Correccional, medium
11. Incomplete self-defense (most of the requisites are present) with two ordinary mitigating circumstance and
without any aggravating circumstance
 Maximum: Arresto Mayor, medium
 Minimum: Arresto Menor, any period
12. When crime is murder with two mitigating circumstances
 Penalty in RPC: Reclusion temporal, maximum to Death
 Lower by one degree and use this as starting point to determine the minimum
 Maximum: Prision Mayor, maximum to Preclusion Temporal, medium
 Minimum: Prision Correccional, maximum to Prision Mayor, medium
13. Crime is robbery in inhabited house, there was a plea of guilt and the penalty is to be lowered by one degree,
 Penalty in RPC: Reclusion Temporal
 Maximum: Prision Mayor, minimum
 Minimum: Prision Correccional, any period
Offender Attempted Frustrated Consummated
Penalty prescribed
Principal Two degrees lower One degree lower
by law
Accomplice Three degrees lower Two degrees lower One degree lower
Accessory Four degrees lower Three degrees lower Two degrees lower
ALGRACE BELLINGAN
 Shall not apply when the law expressly prescribes the penalty for a frustrated or attempted felony
ALGRACE BELLINGAN
CHAPTER 5: THE THREE-FOLD RULE
ART. 70. SUCCESSIVE SERVICE OF SENTENCES. 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: (Di Pa Tu Mu Check Mao Mu Dula Pa Ta Sa Parki)
1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision Correccional
6. Arresto Mayor
7. Arresto Menor
8. Destierro
9. Perpetual absolute disqualification
10 Temporary 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.
 Penalties which can be simultaneously served: (PaPa TiTa Sila Duha Cge Pa CiCo)
1. Perpetual absolute disqualification
2. Perpetual special disqualification
3. Temporary absolute disqualification
4. Temporary special disqualification
5. Suspension
6. Destierro (Cannot be served simultaneously with imprisonment; Imprisonment must be served first)
7. Public Censure
8. Fine and Bond to keep the Peace
9. Civil Interdiction
10. Confiscation and payment of costs
The three -fold rule: The maximum duration of the convict’s sentence shall not be more than three times the length of
time corresponding to the most severe of the penalties imposed upon him
Steps: 1. Determine the most severe.
2. Multiply by 3.
3. Add the duration of the penalties (atleast 4 penalties)
Example: Sentence 1: 11 years; Sentence 2: 8 years; Sentence 3: 7 year; Sentence 4: 9 years
ALGRACE BELLINGAN
The most severe is 11 years. Three times that is 33 yrs. Sum of total sentences is 35 yrs. Hence, he shall only serve 33 yrs.
 If sum total of all the penalties does not exceed the most severe multiplied by 3, the three-fold rule does not apply.
 All the penalties, even if by different courts at different times, and under separate information, cannot exceed
three-fold the most severe.
 Duration of the convict’s sentence refers to several penalties for different offenses, not yet served out.
 If the sentence is indeterminate, the maximum term is to be considered
 Subsidiary imprisonment forms part of the penalty
 Indemnity is a penalty
 Court must impose all the penalties for all the crimes of which the accused is found guilty, but in the service of the
same, they shall not exceed three times the most severe and shall not exceed 40 years.
 Computation is for the prison authorities to undertake
 Three different systems of penalty:
1. Material accumulation system: all penalties imposed even if exceeds the natural span of human life
2. Juridical accumulation system: service is limited to the 3-fold rule
3. Absorption system (Lesser penalties are absorbed by the graver penalties.): observed in complex crimes,
continuing crimes, and specific crimes like robbery with homicide
CHAPTER 5: SUBSIDIARY IMPRISONMENT

ART 39 AS AMENDED BY REPUBLIC ACT NO. 10159. SUBSIDIARY PENALTY. – If the convict has no property with which to
meet the fine mentioned in paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability
at the rate of one day for each amount equivalent to the highest minimum wage rate prevailing in the Philippines at the
time of the rendition of judgment of conviction by the trial court, subject to the following rules:
1. If the principal penalty imposed be prision correctional or arresto and fine, he shall remain under confinement until
his fine referred in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third of the
term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be
counted against the prisoner.
2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the
culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a fight felony.
3. When the principal penalty imposed is higher than prision correctional, no subsidiary imprisonment
4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of
fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same
deprivations as those of which the principal penalty consists.
5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him
from the fine in case his financial circumstances should improve."
 In simple terms, subsidiary imprisonment is the personal liability to be suffered by the convict if he has no property
with which to meet the fine, at the rate of 1 day for each amount equivalent to the highest minimum wage
 Applies for crimes under SPL
 Subsidiary imprisonment must be imposed in the judgment of conviction
 In aggregate penalty, the sum should not exceed 6 years
 Convict is still liable to pay if he is no longer insolvent
 Convict cannot choose to serve the subsidiary penalty if he has properties
 Not an accessory penalty
 No subsidiary imprisonment for non payment of income tax
ALGRACE BELLINGAN
 Additional penalty for habitual delinquency should be included in determining whether or not subsidiary penalty
should be imposed
 Rules as to subsidiary imprisonment:
1. If penalty imposed is Prision Correccional or Arresto and fine, Subsidiary Imprisonment should not exceed 1/3 of
the term of the sentence and in no case to continue for more than 1 year
2. If penalty imposed is fine only, Subsidiary Imprisonment should not exceed 6 months (Grave or less grave), and
not exceed 15 days (light felony)
3. If penalty imposed is higher than Prision Correccional, no subsidiary imprisonment. And when indemnity is less
than the highest minimum wage, no subsdiary penalty.
4. If penalty imposed is not to be executed by confinement, but of fixed duration, subsidiary penalty shall consist in
the same deprivations as those of the principal penalty
5. In case the financial circumstances improve, convict shall pay the fine, notwithstanding the fact that he suffered
subsidiary personal liability
 Applicable to the following penalties: (SPADAF)

1) Prision Correccional
2) Arresto Mayor
3) Arresto Menor
4) Suspension
5) Destierro
6) Fine
 No Subsidiary Penalty in the following cases:

1) Penalty imposed is higher than Prision Correccional
2) For nonpayment of other pecuniary liabilities (a) the reparation of the damage caused, b) indemnification of
consequential damages, and c) the cost of the proceedings)
3) When the penalty imposed is fine and a penalty not to be executed by confinement in a penal institution and
which has no fixed duration
4) When it is not stated that subsidiary penalty is to be served
 Subsidiary imprisonment under special law:

1) When court imposes a fine, subsidiary liability shall not exceed 6 months
2) In case both fine and imprisonment are imprisonment, subsidiary liability shall not exceed 1/3 of the term of
imprisonment and in no case shall exceed 1 year
CHAPTER 5: SPECIAL RULES

ART 48: PENALTY FOR COMPLEX CRIMES. When a singled 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.
 Will not apply to crimes of common elements or to special complex crimes

 At least two crimes must be committed
 A complex crime is only one crime
 Two kinds of complex crimes:
1. Compound Crime: a single act constitutes two or more grave or less grave felonies
i. Only single acts is performed
ii. Single act produces two or more grave felonies, or one or more grave and one or more less grave felonies, or
two or more less grave felonies
2. Complex Crime Proper: an offense is a necessary means for committing the other
ALGRACE BELLINGAN
i. At least two offenses are committed
ii. One or some of the offenses must be necessary to commit the other
iii. Both or all the offenses must be punished under the same statute
ART 49: CRIME DIFFERENT FROM THAT INTENDED
Where the felony committed is different from which the offender intended to commit, the following rules govern:
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 attempt or the frustrated crime shall be imposed in its
maximum period.
 Paragraph 1 is only applicable to error in personae

1) aberratio ictus (mistake in the blow) - special aggravating circumstance
2) error in personae (mistake in the identity) - special mitigating circumstance.
3) praeter intentionem (a more serious consequence not intended) - mitigating circumstance
WHERE THE OFFENDER IS BELOW 18 YEARS OLD (RA 9344 as amended by RA 10630)
Minimum Age of Criminal Responsibility. – A child fifteen (15) years of age or under at the time of the commission of the
offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant
to Section 20 of this Act.
A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of his/her birthdate.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be
subjected to the appropriate proceedings in accordance with this Act. If the disposition measures fail, the penalty to be
imposed on the child in conflict with the law shall be the penalty next lower that that prescribed by law.
The exemption from criminal liability herein established does not include exemption from civil liability.
Serious Crimes Committed by Children Who Are Exempt From Criminal Responsibility. – A child who is above twelve (12)
years of age up to fifteen (15) years of age and who commits parricide, murder, infanticide, kidnapping and serious illegal
detention where the victim is killed or raped, robbery, with homicide or rape, destructive arson, rape, or carnapping where
the driver or occupant is killed or raped or offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of
2002) punishable by more than twelve (12) years of imprisonment, shall be deemed a neglected child under Presidential
Decree No. 603, as amended, and shall be mandatorily placed in a special facility within the youth care faculty or ‘Bahay
Pag-asa’ called the Intensive Juvenile Intervention and Support Center (IJISC).
Probation as an Alternative to Imprisonment. - The court may, after it shall have convicted and sentenced a child in conflict
with the law, and upon application at any time, place the child on probation in lieu of service of his/her sentence taking
into account the best interest of the child.
ALGRACE BELLINGAN
Offenses Not Applicable to Children. - Persons below eighteen (18) years of age shall be exempt from prosecution for the
crime of vagrancy and prostitution under Section 202 of the Revised Penal Code, of mendicancy under Presidential Decree
No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such prosecution being inconsistent with the United
Nations Convention on the Rights of the Child: Provided, That said persons shall undergo appropriate counseling and
treatment program.
CHAPTER 5: EXECUTION AND SERVICE
ART 78: WHEN AND HOW A PENALTY IS TO BE EXECUTED
 Executed only by virtue of a final judgment. (after the period of perfecting an appeal which is within 15 days from its
promulgation)
 Only in the form prescribed by law and only under circumstances expressly authorized thereby.
 Special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be
observed
 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.
ART 79. SUSPENSION OF THE EXECUTION AND SERVICE OF THE PENALTIES IN CASE OF INSANITY
 Rules:
1. When a convict becomes insane or imbecile after final sentence has been pronounced, the execution of said
sentence is suspended only as regards to the personal penalty
2. If he recovers his reason, his sentence shall be executed, unless the penalty has prescribed
3. Even if while serving his sentence, the convict becomes insane or imbecile, the above provisions shall be observed
4. But the payment of his civil or pecuniary liabilities shall not be suspended
 An accused may become insane:
i. At the time of the commission of the crime (exempt from criminal liability)
ii. At the time of the trial (suspend proceedings)
iii. At the time of final judgment (suspension of execution)
iv. While serving sentence (suspension of execution)
ART 80. SUSPENSION OF SENTENCE OF MINOR DELINQUENTS

 Automatic suspension of sentence for minor offenders
 Sentence shall be applied even if the juvenile is already 18 of age or more at the time of the pronouncement of guilt.
 For purpose of recommending the amount of bail, privileged mitigating circumstance of minority shall be considered
 The discharge of the child in conflict with the law shall not affect the civil liability
 If said child in conflict with the law has reached 18 yrs old while under suspended sentence, the court shall determine
whether to 1) discharge the child, 2) to order execution of sentence, or 3) to extend the suspended sentence for a
certain period or until the child reaches 21 yrs old.
 In all training/rehabilitation facilities, it is mandatory that children be separated from adults unless family member
 Female children in conflict with the law shall be given special attention and handled by female doctors, correction
officers and social workers, and shall be accommodated separately from male children
 Records of a child in conflict with the law shall not be used in subsequent proceedings, except when beneficial for the
offender and upon his/her written consent
ART 86. 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.
ART 87. DESTIERRO. Offender shall not be permitted to enter the place or places designated in the sentence, nor within the
radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated.
 Destierro is imposed:
 Art 247. Serious Physical injuries or death under exceptional circumstances
 Art 284. In case of failure to give bond for good behavior
 Art 334. As a penalty for the concubine in concubinage
ALGRACE BELLINGAN
 In cases where after reducing the penalty by one or more degrees, destierro is the proper penalty
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.
ALGRACE BELLINGAN
PROBATION LAW PD 968 AS AMENDED BY RA 10707
"Probation" is a disposition under which a defendant, after conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation officer.
 It is a privilege, not automatic and ministerial. Its grant rests upon the discretion of the court
 The trial court may, after it shall have convicted and sentenced a defendant for a probationable penalty and upon
application by said defendant within the period for perfecting an appeal, suspend the execution of the sentence and
place the defendant on probation for such period and upon such terms and conditions as it may deem best.
 No application for probation shall be entertained or granted if the defendant has perfected the appeal from the
judgment of conviction: Provided, That when a judgment of conviction imposing a non-probationable penalty is
appealed or reviewed, and such judgment is modified through the imposition of a probationable penalty, the
defendant shall be allowed to apply for probation based on the modified decision before such decision becomes final.
 The trial court shall, upon receipt of the application filed, suspend the execution of the sentence
 Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
 The filing of the application shall be deemed a waiver of the right to appeal.
 Accessory penalties are deemed suspended once probation is granted.
 Affects only the criminal aspect of the case and no baring on the civil liability
 Termination of Probation. After the period of probation and upon consideration of the report and recommendation of
the probation officer, the court may order the final discharge of the probationer upon finding that he has fulfilled the
terms and conditions of his probation and thereupon the case is deemed terminated.
 The final discharge of the probationer shall operate to restore to him all civil rights lost or suspended as a result of his
conviction and to totally extinguish his criminal liability as to the offense for which probation was granted.
 The Court may not impose a condition for the grant of probation that the probationer should refrain from continuing
her teaching profession
 Purpose of the Decree:
1. Promote the correction and rehabilitation of an offender by providing him an individualized treatment
2. Provide an opportunity for the reformation of a penitent offender which might be less probable of he were to
serve a prison sentence
3. Prevent the commission of offenses
 Period of Probation.
(a) The period of probation of a defendant sentenced to a term of imprisonment of not more than one year shall
not exceed two years, and in all other cases, said period shall not exceed six years.
(b) When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case of
insolvency, the period of probation shall not be less than nor to be more than twice the total number of days of
subsidiary imprisonment as computed at the rate established
 Criteria for placing an offender on probation:
 All information relative to the -- a) Character, b) Antecedents, c) Environment, d) Mental, e) Physical condition
 Available institutional and community resources
 Probation shall be denied if the court finds that:
 Offender is in need of correctional treatment that can be provided by his commitment to an institution; or
 There is undue risk that during the period of probation the offender will commit another crime; or
 Probation will depreciate the seriousness of the offense committed.
 Disqualified Offenders. — The benefits of this Decree shall not be extended to those:
1. Sentenced to serve a maximum term of imprisonment of more than six (6) years;
2. Convicted of any crime against the national security;
3. Who have previously been convicted by final judgment of an offense punished by imprisonment of more than six
(6) months and one (1) day and/or a fine of more than one thousand pesos (P1,000.00);
4. Who have been once on probation under the provisions of this Decree; and
5. Who are already serving sentence at the time the substantive provisions of this Decree became applicable
6. Violation of the Omnibus Election Code
7. Anti-Money Laundering Act
ALGRACE BELLINGAN
8. Anti-torture law
REPUBLIC ACT NO. 10592
ART 29. PERIOD OF PREVENTIVE IMPRISONMENT

 When offense charge is non-bailable, or even if bailable, he cannot furnish the required bail
 Will be credited in the service of their sentence with the full time during which they have undergone preventive
imprisonment
 Rules:
a) If the detention prisoner agrees to abide by the same disciplinary rules imposed upon convicted prisoners, he
shall be credited in the service of his sentence with full time during which he has undergone preventive
imprisonment.
b) If the detention prison does not abide, he shall only be credited with 4/5 of the time.
c) For youthful offenders, under the Child and Youth Welfare Code, he shall be credited in the service of his
sentence with the full time he spent in actual confinement and detention, whether or not he agreed to abide by
the disciplinary rules impose upon convicted prisoners
d) If the accused has undergone preventive imprisonment for a period equal to or more than the possible maximum
imprisonment and the case has not yet terminated, he shall be released without prejudice to the continuation of
the trial or proceeding
e) In case the maximum imposable penalty is destierro, he shall be released after 30 days of preventive
imprisonment
f) Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty (30) years
g) Computation of preventive imprisonment for purposes of immediate release under this paragraph shall be the
actual period of detention with good conduct time allowance
h) Not applicable to 1) recidivists, 2) habitual delinquents, 3) escapees, 4) persons charged with heinous crimes and
5) upon being summoned for the execution sentence, failed to surrender voluntarily.
 Available even in perpetual penalties since it does not make a distinction between temporal and perpetual penalties.
 The credit is given in the service of sentences consisting of deprivation of liberty
 Convict to be release immediately if the penalty imposed after trial is less than the full-time or 4/5 of the time of the
preventive imprisonment
ALGRACE BELLINGAN
CHAPTER 6: MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY
ARTICLE 89. HOW CRIMINAL LIABILITY IS TOTALL EXTINGUISHED. (SCAMPAD)

1. Service of sentence
2. Prescription of the Crime
3. Amnesty, which completely extinguishes the penalty and all its effects
4. Marriage of the offended woman
5. Prescription of the Penalty
6. Absolute pardon
7. Death of the convict, as to personal penalties, and as to pecuniary penalties, liability is extinguished only when death occurs
before final judgment
 Does not automatically extinguish the civil liability

 Causes of extinction arise after the commission of the offense, unlike justification and exemption
 That criminal liability is totally extinguished is ground for motion to quash
 A judgement becomes final when:
1) After the lapse of the period for perfecting an appeal
2) Sentence has been partially or totally satisfied or served
3) Defendant has expressly waived in writing his right to appeal
 General Rule: death of the accused pending appeal of his conviction extinguishes his criminal and civil liability based solely on the
offense committed
 Exception: the claim for civil liability survives notwithstanding the death if the same may also be predicated on a source of
obligation other than delict such as law, contracts, quasi-contracts and quasi-delicts
 Private offended party must file a separate civil action on other sources of obligation upon which the civil action is premised
 RIght to file a separate civil action is not lost by prescription when accused dies pending appeal
 Death of the offended party does not extinguish the criminal liability
1. Service of sentence does not extinguish the civil liability

2. Prescription of crimes
˃ The forfeiture or loss of the right of the State to prosecute the offender after the lapse of a certain time
˃ In computing, the first day is to excluded and the last day included
˃ When the last day falls on a Sunday or holiday, the information can no longer be filed on the next day as the crime has
prescribed
˃ Interrupted when proceedings are instituted and shall begin to run again if the proceedings are dismissed for reasons not
constituting jeopardy
˃ Defense of prescription may be raised during the trial or the appeal
˃ Accused cannot be convicted of an offense lesser than that charged if the lesser offense had already prescribed at the time
the information was filed
˃ Prescription does not divest court of jurisdiction; it is a ground for acquittal of the accused
˃ Computation of Prescription of Crime:
 Shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their
agents
 Shall be interrupted by filing of the complaint or information
 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
 Shall not run when offender is absent from the Philippine Archipelago
˃ Discovery of crime and not the offender
˃ Period of prescription of continuing crime never runs
˃ Period of prescription is interrupted by the preliminary investigation done by municipal mayor in the absence of the justice of
the peace or auxiliary justice of the peace
˃ Filing of the complaint with the prosecutor’s office interrupts running of period of prescription
˃ The complaint information that will interrupt the period of prescription must be the proper information or complaint
corresponding to the offense
˃ In filing an amended complaint, if it is merely a correction of a defect, the date of the original complaint or information
should be considered
˃ As to false testimony against defendant, prescription starts from the time principal case is finally decided
ALGRACE BELLINGAN
˃ For Election offenses, it starts from the termination of proceeding if the discovery of offense is incidental to judicial
proceedings, otherwise, it starts form the date of the commission of offense
ALGRACE BELLINGAN
CRIMES UNDER RPD PRESCRIPTIVE PERIOD

(When penalty fixed by law is a compound one, the
highest penalty is the basis)
Death, Reclusion perpetua, Reclusion temporal 20 years
Perpetual/temporary absolute/special 15 years
Disqualification, Prision Mayor, Afflictive Fines
Prision Correccional, Suspension, Destierro, 10 years
Correccional Fines
Arresto Mayor 5 years
Libel or other similar offenses 1 year
Oral defamation and slander by deed (Simple slander 6 months
is in 2 months)
Light offenses, Light Fines 2 months
CRIMES UNDER SPL PRESCRIPTIVE PERIOD
(Not applicable when the special law provides for its
own procedure)
Fine or imprisonment not more than 1 month, or both 1 year
2 years > x > 1 month 4 years
6 years > x ≥ 2years 8 years
X ≥ 6 years 12 years
Offenses under internal revenue law 5 years
Municipal ordinances 2 months
Regulations/ conditions of certificate of convenience 2 months
by the Public service commission
3. Amnesty
˃ An act of the sovereign power granting oblivion or a general pardon for a past offense
˃ Completely extinguishes the penalty and all its effects
˃ May be granted after conviction
˃ Does not extinguish civil liabilities
4. Marriage of the offended woman

˃ Crimes of SARA (Seduction, Abduction, Rape, Acts of Lasciviousness)
˃ Must be contracted by the offender in good faith
˃ Can waive civil liability
5. Prescription of the Penalty

˃ The loss or forfeiture of the right of the Government to execute the final sentence after the lapse of a certain time
˃ Two conditions: 1) there be a final judgment, and 2) the period of time prescribed by law for its enforcement has elapsed
˃ Penalty imposed is considered, unlike in prescription of crime where penalty prescribed is considered
˃ Computation of Prescription of Penalty:
 Commence to run from the date when the culprit has evaded the service of his sentence
 Interrupted if defendant give himself up, captured, goes to foreign country (w/out extradition treaty), or commit
another crime before expiration of the period of prescription
˃ Period of prescription that ran during the time the convict evaded the service of sentence is not forfeited upon his capture
˃ Acceptance of conditional pardon interrupts the prescriptive period
ALGRACE BELLINGAN
Penalty Prescriptive Period

Death and reclusion perpetua 20 years
Perpetual/temporary absolute/special 15 years
Disqualification, Prision Mayor,
Prision Correccional, Suspension, Destierro 10 years
Arresto Mayor 5 years
Light Penalties 1 year
6. Absolute pardon
˃ An act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom
it is bestowed from the punishment the law inflicts
˃ Kinds: absolute and conditional
˃ Until accepted, it may be cancelled
˃ Once accepted, cannot be revoked by authority
˃ In adultery, both the offenders must be pardoned by the offended party if said pardon is to be effective (People vs Infante)
Pardon vs Amnesty
Includes any crime Blanket pardon to classes of person or communities who
may be guilty of political offenses
Private act by the President, person pardoned should A pubic act done by Proclamation of the Chief Executive
plead guilty with the concurrence of Congress; takes judicial notice
Exercised when a person is already convicted May be exercised even before trial or investigation
Looks forward and relieves the offender from the Looks backward and abolishes and puts into oblivion the
consequences of an offnese offense itself as though he had committed no offense
Does not work the restoration of the rights to hold public

office or the right of suffrage, unless expressly restored by
the terms of the pardon
Does not alter the fact that the accused is a recidivist Makes an ex-convict no longer a recidivist
Does not obliterate the civil liability
ARTICLE 89. PARTIAL EXTINTION OF CRIMINAL LIABILITY (PCG)

1. Conditional Pardon
2. Commutation of the sentence
3. For Good Conduct Allowances which the culprit may earn while he is undergoing preventing imprisonment or serving his sentence
4. Parole
5. Probation
6. Partial Repeal of Penal Law
1. Conditional Pardon
 A contract between the sovereign power of the executive and the convict that the former will release the latter upon
compliance with the condition
 Not subject to judicial review
 Usual condition: he shall not again violate any of the penal laws
 Failure to comply with the conditions shall result in the revocation of the pardon and he becomes liable under Art 159
 Limited to the unserved portion of the sentence, unless an intention to extend it beyond that time is manifested
2. Commutation of a sentence
 A change of the decision of the court made by the Chief Executive by reducing the degree of the penalty inflicted upon the
convict or by decreasing the length of imprisonment or the amount of fine
 Where convict sentenced to death is over 70 years of age
 When 8 justices fail to reach a decision for the affirmance of the death penalty
ALGRACE BELLINGAN
 Consent of the offender is not necessary since the public welfare, not his consent , determines what shall be done
3. Good Conduct Allowances
 Deductions from the term of the sentence for good behavior
 No allowance for good conduct while prisoner is released under conditional pardon
 RA 10592. The good conduct of any offender qualified for credit for preventive imprisonment pursuant to Article 29 of this
Code, or of any convicted prisoner in any penal institution, rehabilitation or detention center or any other local jail shall
entitle him to the following deductions from the period of his sentence:
1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of good
behavior during detention;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of twenty-three days for
each month of good behavior during detention;
3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of
twenty-five days for each month of good behavior during detention;
4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty days for each
month of good behavior during detention; and
5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to
numbers one to four hereof, for each month of study, teaching or mentoring service time rendered.
An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct.
 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 his preventive
imprisonment or the service of his sentence under the circumstances mentioned in Article 158 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 referred to in said article. A deduction of two-fifths of the period of his sentence shall be granted in case said
prisoner chose to stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe
enumerated in Article 158 of this Code.
Shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence.
 Who grants time allowances. – Whenever lawfully justified, the Director of the Bureau of Corrections, the Chief of the
Bureau of Jail Management and Penology and/or the Warden of a provincial, district, municipal or city jail shall grant
allowances for good conduct. Such allowances once granted shall not be revoked.
4. Parole
 Suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty, without granting
pardon, prescribing the terms upon which the sentence shall be suspended
 If convict fails to observe the conditions, he will be arrested and return to custody and thereafter carryout his sentence
without deduction of the time that has elapsed between the date of the parole and the subsequent arrest
 The mere commission, not conviction, is sufficient to warrant parolee’s arrest
Conditional Pardon vs Parole

Given after the prisoner has served the minimum
May be given at any time after final judgment
penalty
Granted by Chief Executive Granted by the Board of Pardon and Parole

For violation, the convict cannot be prosecuted
For violation, convict may be ordered rearrested
under Art 159. He can be rearrested and
or reincarcerated by the Chief Executive, or
reincarcerated to serve the unserved portion of his
prosecuted under Art 159
original penalty
ALGRACE BELLINGAN
CHAPTER 7: CIVIL LIABILITY
General Rule:
An offense can cause two classes of injury:
1. Social injury:
 Produced by disturbance and alarm
 Sought to be impaired through the imposition of the corresponding penalty
2. Personal injury
 Caused to the victim of the crime who may have suffered damage either to his person, property, to his honor or
to her chastity
 Repaired through indemnity, which is civil in nature
ARTICLE 100. CIVIL LIABILITY OF A PERSON GUILTY OF A FELONY

“Every person criminally liable for a felony is also civilly liable.”
 Basis: to repair or to make whole the damage caused to another by reason of his act or omission, whether done intentionally or
negligently and whether or not punishable by law
 Civil liability arising from negligence under the RPC is entirely separate and distinct from the responsibility for fault or negligence
called a quasi-delict (Art 2176 New Civil Code)
 The party claiming payment for the damage done cannot recover twice for the same act or omission (Art 2177, New Civil Code)
 Civil Liability under RPC: 1 ) Restitution 2)Reparation of damage caused 3)Indemnification for consequential damages
 No Civil Liability arises from:
 Treason
 Rebellion
 Espionage
 Contempt
 No damages to be compensated
 No private person injured
 In damages against property, damages based on the price of the thing and its special sentimental value
 In crimes against person, the injured party is entitled to be paid whatever he spent for the treatment of his wounds, doctor’s fees
and for medicine as well as salary or wages unearned by him because of his inability to work
 Damages may be recovered for loss of impairment of earning capacity in cases of temporary or permanent personal injury
 The extinction of the penal action does not carry with it extinction of the civil
 The dismissal of the information or the criminal action does not affect the right of the offended party to institute or continue the
civil action already instituted arising form the offense
 Civil liability exists although the accuse is not criminally liable on the ff cases:
1. Acquittal on reasonable doubt
2. Acquittal from a cause of nonimputability
3. Acquittal in the criminal action for negligence
4. When there is only civil responsibility
5. In cases of independent civil actions
 How to enforce civil liability:
1. Civil action impliedly instituted in a criminal action
2. Civil action before or after criminal action upon the reservation of the offended party
Reservation - done before prosecution presents his evidence. If there is none, it is deemed as waived.
 For violation of BP22, no reservation to file such civil action shall be allowed
 For cases covered in Art 32, 33, 34 and 2176 of the Civil Code, no need for reservation since the independent civil action may be
brought by the offended party
 Shall only require preponderance of evidence
 When the court found the accused guilty of criminal negligence, but failed to enter judgment of civil liability, the private
prosecutor has a right to appeal for purposes of the civil liability
 May be added within the 15 day period even if convict has started serving sentence
 Extends in favor of person not mentioned in the information
 Judgment in civil action not a bar to a criminal action against the defendant for the same act or omission
 When separate civil action is suspended:
i. After the criminal action has been commenced
ALGRACE BELLINGAN
ii. Criminal action is filed after the said civil action has been instituted
 Reservation of the right to institute separate civil action is necessary in the ff cases:
i. Art 32, Civil Code: Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats,
violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the
latter for damages.
ii. Defamation, fraud, and physical injuries
iii. Civil action is against a member of a city or municipal police force for failing or refusing to render aid or protection. The
officer will be primarily liable and the city or municipality shall be subsidiarily liable
iv. Action for damages from fault or negligence, there being no pre-existing contractual relation between the parties
 Commencement of criminal action is not a condition precedent to the filing and prosecution of civil action arising from crime
 The judgment in the civil case already promulgated cannot be suspended by the filing of the criminal action
 If the offended party in the crimina lcase is represented by a private prosecutor, he cannot file an independent civil action
 The offended party may have the property of the accused attached as security when:
i. Accused is about to abscond from the Philippines
ii. Criminal action is based on a claim for money or property embezzled or fraudulently misapplied
iii. Accused has concealed, removed, or disposed of his personal property or is about to do so
iv. Accused reside outside the Philippines
 Prejudicial Question:
˃ One which arises in a case, the resolution of which is a logical antecedent of the issue involved in said case, and the
cognizance of which pertains to another tribunal
˃ Exception o the rule that criminal action shall be decided first and that the civil action should be suspended
˃ Elements: 1) the civil action involves an issue similar or intimately related to the issue raised in the criminal action, and 2) the
resolution of such issue determines whether or not the criminal action may proceed.
Awards Definition
Civil Indemnity  Awarded to the offended party as a kind of monetary restitution or compensation to the victim for the
damage or infraction that was done to the latter by the accused
 The min. amount for civil indemnity is P3,000.00, but the Civil Code does not provide for a ceiling.
Moral Damages  Compensatory in nature.
 Awarded to compensate one for manifold injuries such as physical suffering, mental anguish, serious
anxiety, besmirched reputation, wounded feelings and social humiliation.
 Aimed at a restoration, within the limits possible, of the spiritual status quo ante
 No proof of pecuniary loss is necessary
 Requirement:(1) injury must have been suffered by the claimant, and (2) such injury must have sprung
from any of the cases expressed in Article 221946 and Article 222047 of the Civil Code.
Exemplary  Imposed, by way of example or correction for the public good, in addition to the moral, temperate,
Damages liquidated or compensatory damages.
 Imposed when the crime was committed with one or more aggravating circumstances. Such damages
are separate and distinct from fines and shall be paid to the offended party.
Temperate  When no evidence of burial and funeral expenses is presented in the trial court.
Damages  When the court is convinced that there has been such a loss, the judge is empowered to calculate
moderate damages rather than let the complainant suffer without redress
 May be recovered when the court finds that some pecuniary loss has been suffered but its amount
cannot, from the nature of the case, be proved with certainty.
 No proof of pecuniary loss is necessary.
Actual Damages  Simply make good or replace the loss caused by the wrong
 Must produce competent proof or the best evidence obtainable such as receipts to justify an award
 Cannot be presumed but must be proved with reasonable certainty.
Nominal Damages  The purpose is vindicating or recognizing the injured party’s right to a property that has been violated
 Proof that a legal right has been violated is what is only required.
 Usually awarded in the absence of proof of actual damages.
ALGRACE BELLINGAN
Liquidated  Frequently agreed upon by the parties, either by way of penalty or in order to avoid controversy on the
Damages amount of damages.
 If intended as a penalty in obligations with a penal cause, proof of actual damages suffered by the
creditor is not necessary in order that the penalty may be demanded (Art. 1228, NCC).
˃ May be filed in the office of the prosecutor or the court conducting the preliminary investigation
ALGRACE BELLINGAN
Indemnity for Loss of Earning Capacity:
Net Earning Capacity = Life expectancy X (Gross annual income-Living expenses)
 Life expectancy is: 2/3 x (80-age of the deceased at the time of death)
 In the absence of proof, living expenses is estimated to be at 50% of the gross annual income
 Documentary evidence should be presented to substantiate a claim for loss of earning capacity
 Temperate damages,which is more than nominal but less than compensatory, may be awarded if income of victim is not
sufficiently proven.
ARTICLE 101. RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES
 For insane, imbecile and minor: liability is on the person who has their legal authority or control, unless it appears that there was
no fault or negligence on their part. The person who has legal authority will be primarily liable for the civil liability, if insolvent,
then the own property of the insane, imbecile or minor shall be secondarily liable. This excludes property exempt from execution
under the civil code.
 In cases under Par 4 of Art 11, the person who benefited the harm shall be liable in proportion to the benefit they have received.
 In cases under Par 5 and 6 of Art 12, the persons using violence or causing the fear shall be primarily liable and those doing the act
shall be secondarily liable.
 There is no civil liability in 1) Par 4 of Art 12 which provides for injury caused by mere accident, and in 2) Par 7 of Art 12 which
provides for failure to perform an act required by law when prevented by some lawful or insuperable cause
 Defense of persons in legal authority: Diligence of a good father (not applicable for culpa criminal)
 No civil liability in justifying circumstances
ARTICLE 102. SUBSIDIARY CIVIL LIABILITY OF INKEEPERS, TAVERNKEEPERS, AND PROPRIETORS OF ESTABLISHMENTS
 The innkeepers, tavernkeepers, and proprietors of establishments are subsidiarily liable when all of the following elements are
present:
1. The innkeeper, tavernkeepers, and proprietor of establishments or his employee committed a violation of a municipal ordinance
or some general or police regulation.
2. A crime is committed in such inn, tavern or establishment.
3. The person criminally liable is insolvent.
 When all of the following elements are present, the innkeeper is subsidiarily liable:
1. The guests have notified in advance the innkeeper or the person representing him of the deposit of their goods within the inn.
2. The guests have followed the direction of the innkeeper or his representative with respect to the care and vigilance of their
goods.
3. Such goods of the guests lodging in therein were taken by robbery or theft
 Even if the guests did not deposit their goods and a notice of disclaimer of liability was posted in a hotel, it does not free the
owner from subsidiary liability. It is enough that the goods were stolen within the inn.
 No liability shall attach in case of robbery with violence against or intimidation of person, unless committed by the innkeeper’s
employees
ARTICLE 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.
 Elements:
1. The employer, teacher, person or corporation is engaged in any kind of industry
2. Any of their servants, pupils, workmen, apprentice, or employees commit a felony while in the discharge of his duties
3. Said employees is insolvent and has not satisfied his civil liability
ALGRACE BELLINGAN
 Private persons without businesses or industry, not subsidiary liable
 When there is a violation of negligence, you may:

 Enforce civil liability arising from delict or culpa criminal
 Enforce civil liability from quasi-delict
 The decision convicting an employee in a criminal case is binding and conclusive upon the employer not only with regard to the
former’s civil liability but also with regard to its amount
 The subsidiary liability of the employer is not determined in the criminal case against the employee. Reservation is not necessary
 Employer has the right to take part in the defence of his employee
 In RPC, employee has primary liability, while in Quasi-Delicts, employer has primary liability
 The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in
the service of the branches in which the latter are employed or n the occasion of their functions.
 Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their
assigned tasks, even though the former is not engage in any business or industry.
 Teachers, or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or
apprentices, so long as they remain in their custody
 The responsibility of the two or more persons who are liable for a Quasi-Delict is Solidary.
ARTICLE 104. WHAT CIVIL LIABILITY INCLUDES

CIVIL LIABILITY VS PECUNIARY LIABILITY
Includes Restitution No restitution
No fine and cost of proceedings Includes fine and the costs of proceedings
Includes the reparation of damage and indemnification for consequential damages
1. Restitution
 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.
 If the thing is acquired by a person who knows it to be stolen, he is an accessory and hi is also criminally liable.
 Cannot be ordered before final judgment
 By law, bar an action for its recovery”: 1) Innocent purchaser for value of property covered by a Torrens Title, 2)Authorized Sale
 May be ordered even if accused is acquitted provided the offense is proved and I’s shown that the thing belongs to somebody else
 Limited to crime against property; exception: treason where offender took the money, abduction where offender took the money
 The payment of salary of an employee during the period of suspension, as a general rule, cannot be properly decreed by the court
in a judgment of acquittal
 The Court has authority to order the reinstatement of the accused acquitted of a crime punishable by the penalty of perpetual or
temporary disqualification
 When there is:
i. Lawful Acquisition: the one who sold will reimburse the buyer
ii. Public Sale and Good faith: the owner will reimburse the buyer
2. Reparation
 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.
 If there is no evidence as to the value of the thing unrecovered, reparation cannot be made
 Limited to those caused by and flowing from the commission of the crime
 Payment from insurance company does not relieve the offender of his obligation to repair the damaged caused
 Refers generally to crimes against property
3. Indemnification
ALGRACE BELLINGAN
 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.
 Generally refers to crimes against persons
 Indemnity for medical services still unpaid may be recovered
 Contributory negligence on the part of the offended party reduces the civil liability of the offender
 May be increased only if it will not require an aggravation of the decision in the criminal case
 In case of death, damages recoverable includes:
i. Civil indemnity
ii. Loss of earning capacity
iii. Support in favor of a person to whom the deceased was obliged to give, such person not being an heir of the deceased
iv. Moral damages
v. Exemplary damages
ARTICLE 108. PERSONS CIVILLY LIABLE

 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.
 The heirs of the person liable has no obligation if restoration is not possible and the decease left no property
 In Acquittal, the heirs of the deceased have a right to enforce the civil responsibility of the accused in their favor in a civil action.
ARTICLE 109. SHARE OF EACH PERSON CIVILLY LIABLE

 If there are two or more persons civilly liable for a felony, the courts shall determine the amount for which each must respond.
 In case of insolvency of accomplices, the principal shall be subsidiarily liable; and in case of insolvency of the principal, the
accomplices shall be subsidiarily liable, jointly and severally
ARTICLE 110. SHARE OF EACH PERSON CIVILLY LIABLE

 Notwithstanding the provisions of the next preceding article, the principals, accomplices, and accessories, each within their
respective class, shall be liable severally (in solidum) among themselves for their quotas, and subsidiaries for those of the other
persons liable.
 The subsidiary liability shall be enforced, first against the property of the principals; next, against that of the accomplices, and,
lastly, against that of the accessories.
 Whenever the liability in solidum or the subsidiary liability has been enforced, the person by whom payment has been made shall
have a right of action against the others for the amount of their respective shares.
ARTICLE 111. OBLIGATION TO MAKE RESTITUTION IN A CERTAIN CASE

 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.
 The person referred to in this Article is not criminally liable, but has reference to an innocent person
 He must not be an accessory
ARTICLE 112. EXTINCTION OF CIVIL LIABILITY

 Civil liability established in Articles 100, 101, 102, and 103 of this Code shall be extinguished in the same manner as obligations, in
accordance with the provisions of the Civil Law.
 Civil liability is extinguished by:
 Payment or performance: Payment to a third person is not valid
 Loss of the thing due: does not extinguish civil liability because if the offender can’t make restitution, he is obliged to make
reparation.
 Condonation or remission of debt: express condonation is a waiver of the civil liability
 Confusion or merger of the rights of creditor and debtor
 Compensation: obligations arising from criminal offenses cannot be compensated
 Novation: change in principal obligation, a subsequent agreement
 Article 1233. A debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been
completely delivered or rendered, as the case may be.
ARTICLE 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
ALGRACE BELLINGAN
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.
ALGRACE BELLINGAN

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CRIMINAL LAW 1 ALGRACE E.

CHAPTER 3: MITIGATING CIRCUMSTANCES

 Classes of mitigating circumstances:

 Mitigating circumstances which arise from:

 Circumstances which are neither exempting nor mitigating: (BI ENTRAP)

(Self ReStS PerO MiCaUn)

1. That the evil sought to be avoided actually exists

The Battered Woman Syndrome:

2. When the offender is is over 70 years of age

 Basis: diminution of intelligence, a condition of voluntariness

3. The offender had no intention to commit so grave a wrong as that committed

 Basis: intent, an element of voluntariness in intentional felony, is diminished

Murder qualified by circumstances based on manner of the

Physical injuries Unless the victim dies

 Basis: diminution of intelligence and intent

 Basis: diminution of the conditions of voluntariness

 Basis: lesser perversity of the offender

 Basis: diminution of intelligence and intent

 Kinds of aggravating circumstances

Qualifying Aggravating vs Generic Aggravating

 Aggravating circumstances which are personal to the offender:

1. Advantage be taken by the offender of his public position

2. The crime be committed in contempt of or with insult to the public authorities

4. The act be committed with 1) abuse of confidence or 2) obvious ungratefulness

11. The crime be committed in consideration of a price, reward, or promise

13. The act be committed with evident premeditation

 Aggravating circumstances peculiar to certain felonies:

CHAPTER 3: ALTERNATIVE CIRCUMSTANCES

 Trespass to dwelling  Serious Physical injuries even if offended party is a

 Homicide or murder, even if the victim is a relative of a

 Crimes against chastity, regardless of whether offender is

Mitigating when… Not Mitigating when…

CHAPTER 3: ABSOLUTORY CAUSE

Complete defenses in criminal cases:

ART 16. WHO ARE CRIMINALLY LIABLE?

ART 17. PRINCIPALS

1. Principal by Direct Participation

i. First Requisite: Participated in the Criminal Resolution:

2. Principal by Induction (principals by inducement, mastermind)

Principal by inducement vs Offender who made proposal to commit a felony

3. Principal by Indispensable Cooperation

Collective responsibility vs Individual criminal responsibility

ART 18. ACCOMPLICES

 Accomplices under Special Penal Laws

ART 19. ACCESSORIES

˃ A mayor who refused to prosecute offender is an accessory

 Accessory vs Principal and Accomplice

 Accessories under Special Penal Laws

ART. 20. ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILITY

 Theories Justifying Penalty: (Pag SuRE Jud)

 Purpose of State in punishing the crime: To secure justice

 Section 22 of the Criminal Code: Kinds of penalties:

 Offended Parties in Criminal Law

 Three Scales of Penalty

ART. 22. RETROACTIVE EFFECT OF PENAL LAWS

ART. 23. EFFECT OF PARDON BY THE OFFENDED PARTY

CHAPTER 5: MEASURES OF PREVENTION OR SAFETY WHICH ARE NOT CONSIDERED PENALTIES

ART. 24. The following shall not be considered as penalties: (FAIRS)

 Classification of Penalties according to their Gravity:

 Classification of Penalties according to Subject-Matter:

PENALTY DURATION Divisibility

Perpetual Absolute and

A fine, whether imposed as a single or as an alternative penalty, shall be considered an afflictive