Criminal Law Reviewer
REVISED PENAL CODE – BOOK 1
A. General Principles
1. Mala in se vs. Mala prohibita
In concept:
 Crimes mala in se are those where the acts or omissions
penalized are inherently bad, evil, or wrong that they are
almost universally condemned;
 Crimes mala prohibita are those where the acts penalized
are not inherently bad, evil, or wrong but prohibited by
law for public good, public welfare or interest and
whoever violates the prohibition are penalized.
In legal implications:
 In crimes mala in se, good faith or lack of criminal
intent/negligence is a defense;
 In crimes mala prohibita, good faith or lack of criminal
intent or malice is not a defense; it is enough that the
prohibition was voluntarily violated.
 Mala in se is incurred when the crime is only attempted
or frustrated;
 Crimes mala prohibita, criminal liability is generally
incurred only when the crime is consummated.
 Also in crimes mala in se, mitigating and aggravating
circumstances are appreciated in imposing the penalties;
 In crimes mala prohibita, such circumstances are not
appreciated unless the special law has adopted the
scheme or scale of penalties under the Revised Penal
Code.
2. Applicability and Effectivity of the RPC
 Generality - that the law is binding upon all persons who reside to sojourn
in the Philippines, irrespective of age, sex, color, creed, or personal
circumstances.
 Territoriality - that the law is applicable to all crimes committed within the
limits of Philippine territory, which includes its atmosphere interiors
waters and maritime zone.
Art. 2. Application of its provisions. — Except as provided in the
treaties and laws of preferential application, the provisions of this
Code shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the
Philippine Islands or obligations and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into
these islands of the obligations and securities mentioned in the
presiding number;
4. While being public officers or employees, should commit an
offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and the
law of nations, defined in Title One of Book Two of this Code.
 Prospectivity - that the law does not have any retroactive effect, except if it
favors the offender unless he is a habitual delinquent (Art. 22) or the law
otherwise provides.
3. Basic Maxims in Criminal Law
 Doctrine of Pro Reo
Whenever a penal law is to be construed or applied and the law admits of two
interpretations – one lenient to the offender and one strict to the offender – that
interpretation which is lenient or favorable to the offender will be adopted. This is
in consonance with the fundamental rule that all doubts shall be construed in
favor of the accused and consistent with presumption of innocence of the accused.
This is peculiar only to criminal law.
 Nullum crimen, nulla poena sine lege
There is no crime when there is no law punishing the same. This is true to
civil law countries, but not to common law countries. Because of this maxim, there
is no common law crime in the Philippines. No matter how wrongful, evil or bad
the act is, if there is no law defining the act, the same is not considered a crime.
 Actus non facit reum, nisi mens sit rea
The act cannot be criminal where the mind is not criminal. This is true to a
felony characterized by dolo, but not a felony resulting from culpa. This maxim is
not an absolute one because it is not applied to culpable felonies, or those that
result from negligence.
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 Utilitarian Theory or Protective Theory
The primary purpose of the punishment under criminal law is the protection
of society from actual and potential wrongdoers. The courts, therefore, in exacting
retribution for the wronged society, should direct the punishment to potential or
actual wrongdoers, since criminal law is directed against acts and omissions which
the society does not approve. Consistent with this theory, the mala prohibita
principle which punishes an offense regardless of malice or criminal intent, should
not be utilized to apply the full harshness of the special law.
B. Felonies
o Acts – an overt or external act
o Omission – failure to perform a duty required by law. Example of an
omission: failure to render assistance to anyone who is in danger of dying
or is in an uninhabited place or is wounded – abandonment.
o Felonies – acts and omissions punishable by the Revised Penal Code
o Crime – acts and omissions punishable by any law
Distinction between intent and discernment
Intent is the determination to do a certain thing, an aim or purpose of the
mind. It is the design to resolve or determination by which a person acts.
On the other hand, discernment is the mental capacity to tell right from
wrong. It relates to the moral significance that a person ascribes to his act
and relates to the intelligence as an element of dolo, distinct from intent.
Distinction between intent and motive
Intent is demonstrated by the use of a particular means to bring about a
desired result – it is not a state of mind or a reason for committing a crime.
On the other hand, motive implies motion. It is the moving power which
impels one to do an act. When there is motive in the commission of a
crime, it always comes before the intent. But a crime may be committed
without motive.
If the crime is intentional, it cannot be committed without intent. Intent is
manifested by the instrument used by the offender. The specific criminal
intent becomes material if the crime is to be distinguished from the
attempted or frustrated stage.
o by means of fault (culpa) – There is fault when the wrongful act results
from imprudence, negligence, lack of foresight, or lack of skill.
o Imprudence – deficiency of action; e.g. A was driving a truck along a road.
He hit B because it was raining – reckless imprudence.
o Negligence – deficiency of perception; failure to foresee impending danger,
usually involves lack of foresight.
Requisites: Freedom, Intelligence, Imprudence, negligence,
lack of skill or foresight, Lack of intent
Doctrine of Proximate Cause – such adequate and efficient cause as, in the
natural order of events, and under the particular circumstances surrounding the
case, which would necessarily produce the event.
1. Criminal Liabilities and Felonies
a. Grave vs. Less Grave vs. Light Felonies (Art. 9)
 Grave felonies are those to which the law attaches the capital
punishment or penalties which in any of their periods are afflictive,
in accordance with Article 25 of this Code.
 Less grave felonies are those which the law punishes with penalties
which in their maximum period are correctional, in accordance with
the above-mentioned article.
 Light felonies are those infractions of law for the commission of
which he penalty of arresto mayor or a fine not exceeding 200 pesos,
or both is provided.
b. Aberratio ictus, error in personae, and praeter intentionem
 ABERRATIO ICTUS or mistake in the blow occurs when the offender
delivered the blow at his intended victim but missed, and instead
such blow landed on an unintended victim.
 ERROR IN PERSONAE or mistake in identity occurs when the
offender actually hit the person to whom the blow was directed but
turned out to be different from and not the victim intended.
 PRAETER INTENTIONEM or where the consequence went beyond
that intended or expected. This is a mitigating circumstance (Art. 13.
par. 3, RPC) when there is a notorious disparity between the act or
means employed by the offender and the resulting felony.
c. Impossible crime
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 The crime committed is impossible crime if the offense sought to be
committed is factually or legally impossible.
 Killing a dead person is impossible crime because of legal
impossibility. Putting the hand inside an empty pocket with
intention to steal a wallet is impossible crime because of factual
impossibility (Intod vs. Court of Appeals, G.R. No. 103119, October
21, 1992).
 Requisites: (Impossible Crime)
1) Act would have been an offense against persons or property
2) Act is not an actual violation of another provision of the Code or of
a special penal law
3) There was criminal intent
4) Accomplishment was inherently impossible; or inadequate or
ineffectual means were employed.
d. Stages of execution (Art 6)
 A felony is consummated when all the elements necessary for its
execution and accomplishment are present.
 It is frustrated when the offender performs all the acts of execution
which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent of the
will of the perpetrator.
 There is an attempt when the offender commences the commission of a
felony directly by overt acts, and does not perform all the acts of
execution which should produce the felony by reason of some cause or
accident other than his own spontaneous desistance.
 Stages of a Crime does not apply in:
 Offenses punishable by Special Penal Laws, unless the otherwise is
provided for.
 Formal crimes (e.g., slander, adultery, etc.)
 Impossible Crimes
 Crimes consummated by mere attempt. Examples: attempt to flee to an
enemy country, treason, corruption of minors.
 Felonies by omission
 Crimes committed by mere agreement.
e. Continuing crimes
 DELITO CONTINUADO, or CONTINUOUS CRIME, is a term used to
denote as only one crime a series of felonious acts arising from a
single criminal resolution, not susceptible of division, which are
carried out in the same place and at about the same time, and
violating one and the same penal provision.
f. Complex crimes and composite crimes
 An ORDINARY COMPLEX CRIME is made up of two or more crimes being
punished in distinct provisions of the Revised Penal Code but alleged in
one information either because they were brought about by a single
felonious act or because one offense is a necessary means for committing
the other offense or offenses. They are alleged in one information so that
only one penalty shall be imposed.
 A SPECIAL COMPLEX CRIME, on the other hand, is made up of two or
more crimes which are considered only as components of a single
indivisible offense being punished in one provision of the Revised Penal
Code.
 COMPOSITE CRIMES are crimes which, in substance, consist of more
than one crime but in the eyes of the law, there is only one crime. For
example, the crimes of robbery with homicide, robbery with rape, robbery
with physical injuries. In case the crime committed is a composite crime,
the conspirator will be liable for all the acts committed during the
commission of the crime agreed upon. This is because, in the eyes of the
law, all those acts done in pursuance of the crime agreed upon are acts
which constitute a single crime.
2. Circumstances affecting criminal liability
a. Justifying circumstances
Article 11. Justifying circumstances. - The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent or repel it.
Third. Lack of sufficient provocation on the part of the person defending himself.
2. Any one who acts in defense of the person or rights of his spouse, ascendants,
descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by
affinity in the same degrees and those consanguinity within the fourth civil degree,
provided that the first and second requisites prescribed in the next preceding
circumstance are present, and the further requisite, in case the revocation was given by
the person attacked, that the one making defense had no part therein.
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3. Anyone who acts in defense of the person or rights of a stranger, provided that the first
and second requisites mentioned in the first circumstance of this Article are present and
that the person defending be not induced by revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does not act which causes damage
to another, provided that the following requisites are present;
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or
office.
6. Any person who acts in obedience to an order issued by a superior for some lawful
purpose.
b. Exempting circumstances
Article 12. Circumstances which exempt from criminal liability. - the following are exempt
from criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a
felony (delito), the court shall order his confinement in one of the hospitals or asylums
established for persons thus afflicted, which he shall not be permitted to leave without
first obtaining the permission of the same court.
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted with
discernment, in which case, such minor shall be proceeded against in accordance with
the provisions of Art. 80 of this Code.
When such minor is adjudged to be criminally irresponsible, the court, in conformably
with the provisions of this and the preceding paragraph, shall commit him to the care and
custody of his family who shall be charged with his surveillance and education otherwise,
he shall be committed to the care of some institution or person mentioned in said Art. 80.
4. Any person who, while performing a lawful act with due care, causes an injury by
mere accident without fault or intention of causing it.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater
injury.
7. Any person who fails to perform an act required by law, when prevented by some
lawful insuperable cause.
c. Mitigating circumstances
Article 13. Mitigating circumstances. - The following are mitigating circumstances;
1. Those mentioned in the preceding chapter, when all the requisites necessary to justify
or to exempt from criminal liability in the respective cases are not attendant.
2. That the offender is under eighteen year of age or over seventy years. In the case of the
minor, he shall be proceeded against in accordance with the provisions of Art. 80.
3. That the offender had no intention to commit so grave a wrong as that committed.
4. That sufficient provocation or threat on the part of the offended party immediately
preceded the act.
5. That the act was committed in the immediate vindication of a grave offense to the one
committing the felony (delito), his spouse, ascendants, or relatives by affinity within the
same degrees.
6. That of having acted upon an impulse so powerful as naturally to have produced
passion or obfuscation.
7. That 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 the evidence for the prosecution;
8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect
which thus restricts his means of action, defense, or communications with his fellow
beings.
9. Such illness of the offender as would diminish the exercise of the will-power of the
offender without however depriving him of the consciousness of his acts.
10. And, finally, any other circumstances of a similar nature and analogous to those
above mentioned.
d. Aggravating circumstances
Article 14. Aggravating circumstances. - The following are aggravating circumstances:
1. That advantage be taken by the offender of his public position.
2. That the crime be committed in contempt or with insult to the public authorities.
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3. That the act be committed with insult or in disregard of the respect due the offended
party on account of his rank, age, or sex, or that is be committed in the dwelling of the
offended party, if the latter has not given provocation.
4. That the act be committed with abuse of confidence or obvious ungratefulness.
5. That the crime be committed in the palace of the Chief Executive or in his presence, or
where public authorities are engaged in the discharge of their duties, or in a place
dedicated to religious worship.
6. That the crime be committed in the night time, or in an uninhabited place, or by a band,
whenever such circumstances may facilitate the commission of the offense.
Whenever more than three armed malefactors shall have acted together in the commission
of an offense, it shall be deemed to have been committed by a band.
7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons who insure or afford
impunity.
9. That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of this Code.
10. That the offender has been previously punished by an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches a
lighter penalty.
11. That the crime be committed in consideration of a price, reward, or promise.
12. That the crime be committed by means of inundation, fire, poison, explosion, stranding
of a vessel or international damage thereto, derailment of a locomotive, or by the use of
any other artifice involving great waste and ruin.
13. That the act be committed with evidence premeditation.
14. That the craft, fraud or disguise be employed.
15. That advantage be taken of superior strength, or means be employed to weaken the
defense.
16. That the act be committed with treachery (alevosia).
There is treachery when the offender commits any of the crimes against the person,
employing means, methods, or forms in the execution thereof which tend directly and
specially to insure its execution, without risk to himself arising from the defense which the
offended party might make.
17. That means be employed or circumstances brought about which add ignominy to the
natural effects of the act.
18. That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or
window be broken.
20. That the crime be committed with the aid of persons under fifteen years of age or by
means of motor vehicles, motorized watercraft, airships, or other similar means. (As
amended by RA 5438).
21. That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commissions.
e. Alternative circumstances
Article 15. Their concept. - 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. They are the relationship, intoxication
and the degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into consideration when the
offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted
brother or sister, or relative by affinity in the same degrees of the offender.
The intoxication of the offender shall be taken into consideration as a mitigating
circumstances when the offender has committed a felony in a state of intoxication, if the
same is not habitual or subsequent to the plan to commit said felony but when the
intoxication is habitual or intentional, it shall be considered as an aggravating
circumstance.
f. Absolutory causes
 The effect of this is to absolve the offender from criminal liability,
although not from civil liability. It has the same effect as an
exempting circumstance, but you do not call it as such in order not
to confuse it with the circumstances under Article 12.
 Absolutory cause has the effect of an exempting circumstance and
they are predicated on lack of voluntariness like instigation.
Instigation is associated with criminal intent. It is confused with
entrapment. Entrapment is not an absolutory cause. Entrapment
does not exempt the offender or mitigate his criminal liability. But
instigation absolves the offender from criminal liability.
Extenuating circumstances - The effect of this is to mitigate the criminal
liability of the offender. In other words, this has the same effect as mitigating
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circumstances, only you do not call it mitigating because this is not found in this Code, although at the time of the publication of such laws a final
Article 13. sentence has been pronounced and the convict is serving the same.

3. Persons liable and degree of participation 2. Classification

a. Principals, Accomplices and Accessories Article 25. Penalties which may be imposed. - The penalties which may
be imposed according to this Code, and their different classes, are those
 Art 17. Principals. — The following are considered principals: included in the following:
o Those who take a direct part in the execution of the act;
o Those who directly force or induce others to commit it; SCALE
PRINCIPAL PENALTIES
o Those who cooperate in the commission of the offense by another act
without which it would not have been accomplished. Capital punishment:
Death.
 Art 18. Accomplices. — Accomplices are those persons who, not being
included in Art. 17, cooperate in the execution of the offense by previous Afflictive penalties:
or simultaneous acts. Reclusion perpetua,
 Art. 19. Accessories. — Accessories are those who, having knowledge of Reclusion temporal,
the commission of the crime, and without having participated therein, Perpetual or temporary absolute disqualification,
either as principals or accomplices, take part subsequent to its Perpetual or temporary special disqualification,
commission in any of the following manners: Prision mayor.
1. By profiting themselves or assisting the offender to profit by the effects of
the crime. Correctional penalties:
2. By concealing or destroying the body of the crime, or the effects or Prision correccional,
instruments thereof, in order to prevent its discovery. Arresto mayor,
3. By harboring, concealing, or assisting in the escape of the principals of Suspension,
the crime, provided the accessory acts with abuse of his public functions or Destierro.
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 Light penalties:
habitually guilty of some other crime. Arresto menor,
Public censure.
b. Conspiracy and Proposal (Art. 8)
Penalties common to the three preceding classes:
 A conspiracy exists when two or more persons come to an agreement Fine, and
Bond to keep the peace.
concerning the commission of a felony and decide to commit it.
ACCESSORY PENALTIES
 There is proposal when the person who has decided to commit a felony
proposes its execution to some other person or persons. Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for, the
C. Penalties profession or calling.
Civil interdiction,
1. Penalties that may be imposed and retroactive effect of penal laws Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
Article 21. Penalties that may be imposed. - No felony shall be punishable Payment of costs.
by any penalty not prescribed by law prior to its commission.

Article 22. Retroactive effect of penal laws. - Penal Laws shall have a
retroactive effect insofar as they favor the persons guilty of a felony, who
is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of

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3. Duration and effects 4) those convicted of piracy;

5) those who are habitual delinquents;
Capital and Afflictive Penalties 6) those who shall have escaped from confinement or evaded sentence;
Death Reclusion Reclusion Prison Mayor 7) those who having been granted conditional pardon by the Chief
Perpetua Temporal Executive shall have violated the terms thereof;
Term of None 20 days and 1 12 years and 1 6 years and 1 day 8) those whose maximum term of imprisonment does not exceed one
Imprison- day to 40 years day to 20 years to 12 years
year;
ment
Accessory None, unless -Civil Interdiction -Civil -Temporary
9) those already sentenced by final judgment at the time of approval of this
Penalties pardoned: or during his Interdiction or absolute Act; and
-Perpetual sentence during his disqualification 10) those whose sentence imposes penalties which do not involve
absolute -Perpetual sentence -Perpetual special imprisonment, like destierro.
disqualificatio absolute -Perpetual disqualification
n disqualification absolute from the right of c. Three-fold Rule
-Civil disqualification suffrage which the
interdiction for offender suffers
30 years although pardoned  The threefold rule is a law on the service of prison sentence which
Correctional and Light Penalties provides that the maximum duration of the convict's sentence shall not be
Prison Correctional Arresto Mayor Arresto Menor more than three-fold the length of time corresponding to the most severe
Imprison- 6 months and 1 day to 6 1 month and 1 day to 1 day to 30 days of the penalties imposed upon him. No other penalty to which he may be
ment years 6 months
liable shall be inflicted after the sum total of those imposed equals the
Accessory -Suspension from public -Suspension of right -Suspension of right
Penalties office to hold office to hold office same maximum period. (Art. 70, Revised Penal Code)
-Suspension from the right -Suspension of the -Suspension of the
to follow a profession or right of suffrage right of suffrage  It means that if the convict were to suffer several penalties, the maximum
calling during the term of during the term of duration of his sentence shall not be more than 3 times the most severe
-Perpetual special the sentence the sentence
penalty. The maximum period cannot exceed 40 years.
disqualification on the
right of suffrage
d. Subsidiary Imprisonment

4. Application  What is subsidiary penalty?

a. RPC Provisions (read codal) It is a penalty that take the place of the fine for insolvent convicts. It
is neither a principal nor accessory penalty but a substitute penalty for fine
b. Indeterminate Sentence Law (Act No. 4103) only. (Boado)

 If crime is punishable under the Revised Penal Code, the court shall
sentenced the accused to an indeterminate sentence maximum term of  When is subsidiary penalty served?
which shall be that which, in view of the attending circumstances, could
be properly imposed under the rules of the said Code, and the minimum Subsidiary penalty is served if the penalty imposed upon the convict
which shall be within the range of the penalty next lower to that includes fine but he cannot pay the same because of insolvency.
prescribed by the Code for the offense. If the offense is punishable under a
special law, the court shall sentence the accused to an indeterminate
sentence, the maximum term of which shall not exceed the maximum  How is subsidiary penalty computed?
fixed by said law and the minimum shall not be less than the minimum
term prescribed by the same (Section 1 of Act 4103). It is computed at one day for each P8.00 of fine but in no case to exceed
one year at the most. If the penalty is:
 The Indeterminate Sentence Law is not applicable to: Purely a fine and the felony committed is grave or less grave, the subsidiary
1) those persons convicted of offenses punished with death penalty or life- imprisonment shall not exceed 6 months; if light felony, not more than 15
imprisonment or reclusion perpetua; days.
2) those convicted of treason, conspiracy or proposal to commit treason;
3) those convicted of misprision of treason, rebellion, sedition or espionage;

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Example: Fine of P4,000 + less grave. P4,000/P8 = 500 days. Since the 8. Arresto menor,
felony is less grave, the subsidiary imprisonment will be limited to only 6 9. Public censure,
months or 180 days. 10. Fine.

Fine and imprisonment of not more than prision correccional (6 years), the
subsidiary imprisonment is computed at 1/3 of the principal penalty or the
quotient of fine divided by P8.00 or 1 year, whichever of these three is least.
Example: Fine of P4,000 + 6 years of prision correccional. P4,000/P8 = 500
days. One-third of 6 years is 2 years. The period of 500 days is less than
1/3 of the principal penalty. But the offender is to serve 365 days only of
the 500 days because the law provides that subsidiary imprisonment shall
not continue longer than 1 year or 365 days.
6. Accessory penalties
Fine and Destierro which must be of a fixed duration: destierro also in
accordance with the above rules. The same goes with fine and suspension.
 When is subsidiary penalty not proper?
 The principal penalty imposed is more than prision correccional (more
than 6 years);
 The principal penalty is not to be served by confinement and is not of
fixed duration (ex. fine not exceeding P200 and censure);
 Subsidiary penalty is not expressly stated in the sentence to take the
place of fine in case of insolvency; 7. Execution and service
 The sentence imposed does not include fine; and
 If convict has the means to pay the fine.
5. Graduation of Penalties
Article 71. Graduated scales. - In the case in which the law prescribed a
penalty lower or higher by one or more degrees than another given
penalty, the rules prescribed in Article 61 shall be observed in graduating
such penalty.
The lower or higher penalty shall be taken from the graduated scale in
which is comprised the given penalty.
The courts, in applying such lower or higher penalty, shall observe the
following graduated scales:
SCALE NO. 1
SCALE NO. 2
1. Perpetual absolute disqualification,
2. Temporal absolute disqualification
3. Suspension from public office, the right to vote and be voted for, the
right to follow a profession or calling,
4. Public censure,
5. Fine.
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for, the
profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
Payment of costs.
a. RPC provisions
Article 78. When and how a penalty is to be executed. - No penalty shall be
executed except by virtue of a final judgment.
A penalty shall not be executed in any other form than that prescribed by law,
nor with any other circumstances or incidents than those expressly authorized
thereby.
In addition to the provisions of the law, the special regulations prescribed for the
government of the institutions in which the penalties are to be suffered shall be
observed with regard to the character of the work to be performed, the time of its
performance, and other incidents connected therewith, the relations of the
convicts among themselves and other persons, the relief which they may receive,
and their diet.

1. Death, The regulations shall make provision for the separation of the sexes in different
2. Reclusion perpetua, institutions, or at least into different departments and also for the correction and
3. Reclusion temporal, reform of the convicts.
4. Prision mayor,
5. Prision correccional, b. Probation Law (PD 968, as amended)
6. Arresto mayor,
7. Destierro, c. Juvenile Justice and Welfare Act (RA 9344, as amended)

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D. Extinction of Criminal Liability

Criminal liability may be partially or totally extinguished. 

A. Total Extinction means that the entire penalty is extinguished, and there is no

more criminal liability. Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties; and as to
pecuniary penalties, liability therefor is extinguished only when the death of the
offender occurs before final judgment.
2. By service of the sentence.
3. By amnesty, which completely extinguishes the penalty and all its effects.
4. By absolute pardon.
5. By prescription of the crime.
6. By prescription of the penalty.
7. By the marriage of the offended woman, as provided in article 344 of this
Code. (Art. 89, RPC)
8. Express repeal of penal law

B. Criminal liability may also be partially extinguished. It is partial

extinction because there remains liability although it is lessened. Criminal
liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while he is
serving his sentence (Art. 94, RPC);
4. Parole under the Indeterminate Sentence Law;
5. Probation under P.D. No. 968
6. Partial repeal of penal law

E. Civil Liability in criminal cases

Read Art 100-113, RPC codal

CIVIL LIABILITIES
Includes reparation and
indemnification
Includes restitution (return property
taken), nothing to pay in terms of
money
No fines and costs of proceedings
PECUNIARY LIABILITIES
Same
No restitution as the liabilities are to
paid out of the property of the offender
Includes fines and costs of proceedings

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Criminal Law Reviewer

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