RPC Book 1

CRIMINAL LAW
Revised Penal Code

Book I
ATTY. JUVY RAMIREZ-MANWONG

INTRODUCTION
Pre-colonial Period (before Spanish Conquest)
“The Code of Kalantiao” - First Penal Law?
Examples of crimes punished and penalized under

the Code:
a) killing,
b) theft,
c) adultery, and
d) concubinage.
The Kalantiao Shrine and Museum in Batan, Aklan.
From a postcard printed by the National Historical Institute in 1976
INTRODUCTION CONTINUED…
Colonial Period (Spanish Regime )
Royal Decree of 1870 made the

Spanish Codigo Penal applicable
and extended to the Philippines,
effective July 14, 1876.
However, the Spanish Codigo Penal did not
cater to the customs and traditions of the
Filipinos.
A Filipino named Rafael Del Pan, made the so

called Correctional Code but this code was never
enacted into law.
A Code Committee headed by then

Anacleto Diaz was organized. This
committee drafted the Revised Penal
Code, which was passed into law as
Act No. 3815.
DEFINITION OF TERMS
Law
A rule of conduct, just and obligatory,
promulgated by competent authority
for common observance and benefit.
Crime
An act or omission punishable by law.
It is an act omitted or committed in
violation of public law forbidding or
commanding it.
Felony
An act or omission punishable by the Revised Penal
Code.
Offense
An act or omission punishable by Special Laws.
Omission
Means inaction, failure to do a positive duty, which
one is bound to do.
Act
Any bodily movement tending to produce some
effect in the external world.
Criminal Law
A branch of public or
municipal law, which
defines crimes, treats
of their nature and provides
for their punishment.
DIFFERENT PHILOSOPHIES
UNDERLYING THE
PHILIPPINE CRIMINAL
JUSTICE SYSTEM
PHILOSOPHIES UNDERLYING CRIMINAL JUSTICE SYSTEM CONTINUED…
CLASSICAL/JURISTIC THEORY
Best remembered by the maxim “an eye for an eye, a

tooth for a tooth”.
The purpose of penalty is RETRIBUTION. The offender is

made to suffer for the wrong he has done.
A man is regarded as a moral creature who understands

right from wrong; therefore, he must be prepared to
accept the punishment for his wrongdoings.
POSITIVIST/REALISTIC THEORY
The purpose of penalty is REFORMATION.

Crimes are regarded as social phenomenon,
which constrain a person to do wrong
although contrary to his own will/volition.
A tendency towards crime is the product of one’s
environment. There is no such thing as a “natural-born
killer”.
Criticized as being too lenient.

ECLECTIC/MIXED THEORY
This combines both positivist and classical thinking.
Crimes that are economic and social in nature
should be dealt with in a positivist manner, thus
the law is more compassionate, i.e. Theft (Art.
308) and Usurpation of Real Rights in Property
(Art. 312), BP 22.
Heinous crimes should be dealt with in a classical
manner, thus capital punishment. The Revised
Penal Code follows the mixed/eclectic theory.
BASIC MAXIMS IN
CRIMINAL LAW
BASIC MAXIMS IN CRIMINAL LAW CONTINUED…
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 the other strict to the offender, the
interpretation which is lenient or favorable to
the offender, shall be adopted or applied.
DOCTRINE OF PRO REO

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. Hence, AN ACCUSED
IS PRESUMED INNOCENT UNTIL PROVEN GUILTY
BEYOND REASONABLE DOUBT.
Nullum Crimen Nulla Poena Sine Lege

There is no crime when there is no law
punishing the act.
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 and punishing the act, the same is not
considered a crime. Hence, the person doing the
act cannot be charged or indicted.
Common Law Crimes
Acts or deeds which the community

condemn as wrongful or contemptible, even
though there is no law declaring such acts or
deeds as criminal.
Actus Non Facit Reum, Nisi Mens Sit Rea

The act cannot be criminal where the mind
is not criminal.
This applies only to intentional felonies or
those characterized as DOLO, but not those
felonies resulting from negligence (CULPA).
Actus Me Invito Est Meus Actus

An act done by me against my will is not
my act.
Usually, this is applicable to exempting
circumstances particularly paragraphs 5 and 6 of
Art. 12 of the RPC, i.e. The offender is under the
compulsion of an irresistible force or
uncontrollable fear.
Ignorantia Legis Non Excusat

Ignorance of the law excuses no one from compliance therewith.
A legal principle holding that a person cannot not escape liability
for violating a law merely because he or she was unaware of its content.
The rationale of the doctrine is that if ignorance were an excuse,

a person charged with a criminal offense would merely claim that he/she
is unaware of the law in question to avoid liability, even though he/she
really knows what the law in question is.
This doctrine imputes knowledge of all laws to all persons

considering that laws are published or circulated in national newspapers,
in the Official Gazette and even in the internet.
Ignorantia Facti Excusat - Honest Mistake of Fact
- excuses the actor from criminal liability because a

person acting under a mistake of fact does not have
criminal intent.
Not Applicable in the Following:

1) When there is mistake in identity (error in personae)
2) When there is negligence on the part of the accused.
3) When the accused committed a culpable felony.
Dura Lex Sed Lex

The law may be harsh but it is the law.
Death Penalty: Harsh or Not?
Leo Echegaray’s Last Words: "Sambayanang Pilipino, patawarin ako sa kasalanang

ipinaratang ninyo sa akin. Pilipino, pinatay ng kapwa Pilipino.” ("People of the
Philippines, forgive me for the sin that you have accused me of. A Filipino, killed by a
fellow Filipino.")
PURPOSES OF
CRIMINAL LAW
PURPOSES OF CRIMINAL LAW
1) To reform (reformation);
2) To deter/frighten others from committing crimes
(deterrence);
3) To prevent offenders from committing further
crimes (prevention);
4) To defend the State against crimes (self-defense);
5) To repair/restore the damage done
(Reparation/restoration);
6) To set an example (exemplarity).
SOURCES OF
CRIMINAL LAW
SOURCES OF CRIMINAL LAW
1) The Revised Penal Code (Act. No. 3815);
2) Acts of the Philippine Legislature, National

Assembly, Congress of the Philippines,
Batasang Pambansa, Presidential Decrees,
Executive Orders, etc.
RULES ON CONSTRUCTION OF
PENAL LAWS
RULES ON CONSTRUCTION OF PENAL LAWS
LIBERAL CONSTRUCTION OF PENAL LAWS
A criminal/penal law should be liberally

constructed in favor of the offender and
strictly against the State.
Quantum of evidence required in criminal

cases is “proof of guilt beyond reasonable
doubt”.
THE REVISED PENAL CODE
PARTS OF THE REVISED PENAL CODE
1) Basic Principles Affecting Criminal Liability

- (Arts. 1-20)
2) Provisions on Penalties, Including Criminal

and Civil Liability
- (Arts. 21 to 113)
3) Specific Felonies and their Penalties under

14 Titles
- (Arts. 114-366)
DATE OF APPROVAL AND EFFECTIVITY OF
THE REVISED PENAL CODE
ACT NO. 3815

• Approved on:
December 8, 1930
• Took effect on:
January 1, 1932
CHARACTERISTICS OF
CRIMINAL LAW
3 MAIN CHARACTERISTICS OF
CRIMINAL LAW
I. GENERAL APPLICATION
Criminal or penal laws is binding on all persons who
reside or sojourn in the Philippines, irrespective of age,
sex, color, creed or personal circumstances (Art. 2, RPC
and Art. 14, NCC).
EXCEPTIONS TO THE GENERAL APPLICATION:

1) Persons exempted by treaties and laws of preferential
application.
2) Persons exempted under the principles of public
international law.
1) Treaty or Treaty Stipulations
An example of treaty or treaty stipulation, as an
exception to the general application of our
Criminal Law is the US-Philippine Military Bases
Agreement entered into by and between the
Philippines and the USA on March 14, 1947
stipulating that “the Philippines consents that the
US have the right to exercise jurisdiction over
some particular offenses committed by persons
residing or sojourning in the Philippines”.
However, the said Military Bases Agreement
already expired on September 16, 1991.
2) Law on Preferential Application
Republic Act No. 75 may be considered a law of
preferential application in favor of diplomatic
representatives and their domestic servants.
It is a law to penalize acts which would impair the proper
observance by the Republic and inhabitants of the
Philippines of the immunities, rights, and privileges of
duly accredited foreign diplomatic representatives in the
Philippines.
Nota Bene:
The law does not apply when the foreign country
adversely affected does not provide a similar protection
to Philippine diplomatic representatives.
3) Principles of Public International Law
Persons exempt from the operations of our criminal
laws by virtue of the principles of public
international law:
 Sovereigns and other chiefs of state;

 Ambassadors;
 Ministers plenipotentiary;
 Minister’s resident; and
 Charges d’ affaires
(shär-zhā-dе-fer).
II. TERRITORIAL APPLICATION
Criminal and penal laws of the Philippines are
enforceable or applicable within the Philippine
archipelago, including its atmosphere, its
interior waters and maritime zone, which
constitute the Philippine territory (Art. 2, RPC,
and Art. 1 of the 1987 Constitution).
EXCEPTIONS TO THE TERRITORIAL APPLICATION:
The provisions of the RPC shall be enforced outside of the
Philippines 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 forged or
counterfeited obligations and securities;
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.
VESSELS
Kinds:
1) Philippine Vessel – registered with the
Philippine Bureau of Customs or with
MARINA.
2) Foreign Merchant Vessel – registered with

other countries.
Two Rules on Foreign Merchant Vessel
1) FRENCH RULE – the country where the merchant

vessel was registered (Flag Country) has jurisdiction
over crimes committed on board the vessel if the
crime committed –
a. merely affect things within the vessel, and
b. when the crime is related to the internal
management of the vessel.
Jurisdiction under this rule is not territorial in

character.
However, the Flag Country does not have
jurisdiction over the crimes committed on
board the foreign merchant vessel if the crime
committed affects the peace and security of
the territory (i.e. smoking marijuana) where it
was committed or when the safety of the
State is endangered.
2) ENGLISH RULE – Crimes committed on board a
foreign merchant vessel within the territorial waters
of another country is triable in the courts of such
country. This rule is strictly territorial.
Exception:
When the crime committed only affects things within
the vessel or when they refer to the internal
management thereof.
In the Philippines, we follow the ENGLISH RULE.

RULE ON FOREIGN WARSHIPS
In case of foreign warships, they are not subject to

territorial laws of other countries because they are
deemed the extensions of the owner country.
III. IRRETROSPECTIVITY OR PROSPECTIVITY
Criminal/penal law shall be prospective in nature.
Crimes are punished under the laws in force at the
time of their commission. Penal laws shall be applied
to acts or omissions committed after there issuance
or promulgation. Penal laws operate only
prospectively or to acts done after the effectivity of
the law.
EXCEPTION TO THE PROSPECTIVE APPLICATION:

If the law is FAVORABLE to the accused/offender who
is not a habitual criminal (Art. 22, RPC), the said law
should be given a retroactive application.
Example of Retroactive Application of a Penal Law:
A, was convicted of Illegal Possession of Firearm in
1995, wherein the penalty at that time was 12 years
and 1 day to 20 years. In 1998, a law was passed
lowering the penalty to 6 years and 1 day to 10 years.
Should the new law be applied to A who is already
serving his sentence?
- The new law can be retroactively applied to A because

it is favorable to him provided that he is not a habitual
delinquent.
FELONIES & CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
FELONIES/ DELITOS – Acts or omissions punishable by
law.
ELEMENTS OF FELONY:
a) there must be an act or omission

b) such act or omission is punishable by law (RPC); and
c) committed either by means of dolo or culpa.
• There is deceit (dolo) when the act is performed with
deliberate intent.
• There is fault (culpa) when the wrongful act results
from imprudence, negligence, lack of foresight, or lack of
skill.
DOLO VS. CULPA
ELEMENTS OF DOLO ELEMENTS OF CULPA
• intelligence • intelligence
• freedom • freedom
• criminal intent • negligence/imprudence/
lack of foresight/skill
INSTANCES WHEN A PERSON WHO COMMITTED
A FELONY IS EXEMPT FROM CRIMINAL LIABILITY
BECAUSE HE ACTED WITHOUT FREEDOM
1.When he acted under the compulsion of an

irresistible force; and
2.When he acted under the impulse of an
uncontrollable fear of an equal or greater injury.
BECAUSE HE ACTED WITHOUT INTELLIGENCE
1.When the person who committed the felony
was insane or imbecile;
2.When he is a minor under 9 years old; and
3.When he is over 9 but less than 15 years old;
and
4.When he is over 15 years old but below 18
unless he acted with discernment (Sec. 6, RA
9344).
BECAUSE HE ACTED WITHOUT INTENT
1.When he had performed a lawful act with due
care and caused an injury by mere accident
without fault or intention of causing it;
2.When he failed to perform an act required by
law, because he was prevented by some lawful or
insuperable cause; and
3.When there is mistake of fact.
CLASSIFICATION OF FELONIES ACCORDING TO THE
MEANS BY WHICH THEY ARE COMMITTED
1. INTENTIONAL FELONIES – felonies committed with

malice or intent, and
mens rea + actus rea = intentional felony
mens rea – wrongful or criminal intent, i.e. to rob
actus rea – wrongful or criminal act in furtherance of
the wrongful or criminal intent, i.e. robbing a bank
2. CULPABLE FELONIES – felonies resulting from

imprudence, negligence, lack of foresight or lack of skill.
INTENT VS. MOTIVE
Intent Motive
• the purpose to use a • the moving power,
particular means to which impels one to
effect such result action for a definite
• one of the elements result, e.g. jealousy,
of an intentional revenge
felony • not an element of a
crime/felony, whether
intentional or
culpable
WHAT ARE THE INSTANCES WHEREIN MALICE OR
INTENT IS NOT NECESSARY TO HOLD A PERSON
CRIMINALLY LIABLE FOR THE CRIME HE COMMITTED?
In cases where criminal intent is not necessary, to wit:

1) In crimes mala prohibita, or those crimes punishable
by special law. Mere execution of the prohibited act
constiutes a crime; and
2) In culpable felonies, wherein intent is replaced by
negligence, imprudence, lack of foresight or lack of skill.
MALA IN SE VS. MALA PROHIBITA
CRIMES MALA INSE CRIMES MALA PROHIBITA
An act mala inse is a wrong An act mala prohibita is
act from its very nature as wrong because a law
those felonies punished in prohibits it. Without the
the Revised Penal Code. law punishing the act, it
cannot be considered
Examples: Homicide, Rape, wrong.
Robbery
Examples: Illegal Possession
of Firearms, Illegal
Possession/Use of
Dangerous Drugs
HOW IS CRIMINAL LIABILITY INCURRED
Criminal liability shall be incurred by any person:
1) Committing a felony (delito) although the wrongful act
done be different from that which he intended; and
2) performing an act which would be an offense against
persons or property, were it not for the inherent
impossibility of its accomplishment or on account of
the employment of inadequate or ineffectual means
(Art. 4, RPC).
REQUISITES IN ORDER THAT A PERSON MAY BE HELD
CRIMINALLY LIABLE FOR THE WRONG DONE WHICH IS
DIFFERENT FROM THAT INTENDED
1) That a felony was committed, and
2) That the wrong done to the aggrieved person be the

direct, natural and logical consequence (proximate
cause) of the felony committed (el que de la causa es
causa del mal causado) – he who is the cause of the
cause is the cause of the evil caused.
CAUSES THAT MAY PRODUCE A RESULT WHICH IS
DIFFERENT FROM THAT INTENDED BY THE OFFENDER
• Aberratio ictus (Mistake in the Blow)

• Error in personae (Mistake in the identity of
the victim)
• Praeter Intentionem (The injurious result is
greater than that intended; act exceeds the
intent) – MITIGATING CIRCUMSTANCE
Aberratio ictus
The offender intending to cause an injury to one person actually
inflicted it on another, a result which is NOT intended by him.
Example:
A, with intent to kill, fired his pistol at B. He missed B and
instead hit C who was then standing behind B. C was seriously
injured.
A did not intend to cause an injury to C, therefore, the result was
not intended by him. However, A is still criminally liable for the
injury caused to C because when he fired his gun at B with intent
to kill, A was committing the felony of ATTEMPTED HOMICIDE and
the injury caused to C was the direct, natural and logical
consequence of the felony committed by A. As regards C, A
committed FRUSTRATED HOMICIDE. But since only one act was
committed, A is liable for the complex crime.
In aberratio ictus, the act of the offender may result in
two or more felonies. But considering that a single
act was performed, a complex crime is committed (if
grave or less grave felonies were committed).
The Transferred Intent Rule applies. It results when
the actual victim turns out to be different from the
intended victim. The intent to caused an evil is
deemed transferred to the actual victim.
Penalty Impossible: Penalty for the graver offense (Art.

48)
Error in personae
Example:
A, fired his gun at a person sleeping on the floor facing the wall
with his back towards the door, believing him to be the
notorious criminal who has been “wanted” by police
authorities. However, the person killed, named B, was not the
notorious criminal, but an innocent person.
A is criminally liable for the death of B because when he fired at

B and killed him while he was sleeping, thinking that B is the
notorious criminal, A made a mistake in the identity of the
victim. Although the wrong done is different from that intended
by A, he is still liable because he was committing a felony, that
is MURDER and the death of the victim was the direct, natural
and logical consequence of the felony committed by him.
In error in personae, the offender is liable even if the
victim turns out to be different from the intended
victim.
The Transferred Intent Rule applies.
Penalty Impossible: Penalty prescribed for the lesser

offense in its maximum period (Art. 49).
Praeter intentionem
Example:
A, without intent to kill, gave B a fist blow on the back part
of his head. B fell to the ground as a result of the blow, and
his head hit the pavement and as a result it was fractured.
B died instantly.
Although the death of B was not intended by A, he is still
liable because when he gave B a fist blow on the head, A
was committing the felony of SLIGHT PHYSICAL INJURIES (at
least), and the death of B was the direct, natural and logical
consequence of the felony committed by A.
WHEN IS THE RESULT DEEMED THE DIRECT, NATURAL
AND LOGICAL CONSEQUENCE OF THE FELONY
COMMITTED BY THE OFFENDER?
When the felony committed by the offender is
the PROXIMATE CAUSE.
PROXIMATE CAUSE, DEFINED:
That cause, which in natural and continuous
sequence, unbroken by any efficient
intervening cause, produces the injury, and
without which the result would not have
occurred.
INSTANCES WHERE THE FELONY COMMITTED IS
CONSIDERED THE PROXIMATE CAUSE
1. When the offender threatened and chased the deceased with a
knife and when he was about to be overtaken, the deceased
jumped into the water and as he did not know how to swim he
died of drowning. The felony committed, which is threat, was
the proximate cause of death of the deceased.
2. Giving fist blows or slightly injuring a person suffering from
heart disease, resulting in the death of the victim.
NOTE:
Refusal of the offended party to submit to surgical operation does not
relieve the offender from liability for the resulting crime, because he
is responsible for the natural and ordinary results of the crime
committed by him and neglect of the wound or its unskillful and
improper treatment are of themselves consequences of the criminal
act which might naturally follow in any case.
WHAT IS AN IMPOSSIBLE CRIME?
An impossible crime is one where the act
performed by the offender would have been an
offense against persons or property were it not
for the inherent impossibility of its
accomplishment or on account of the
employment of inadequate or ineffectual
means (Art. 4, par. 2, RPC).
A person committing an impossible crime incurs

criminal liability.
Inherently Impossible of Accomplishment
1) Factual or Physical Impossibility – it occurs when

extraneous circumstances unknown to the
perpetrator prevent the commission of the
intended crime, i.e. stabbing (with intent to kill) a
dead person
2) Legal Impossibility – It occurs when an essential
element of the crime is not present during its
commission making it impossible of
accomplishment, i.e. picking an empty pocket.
Example of an impossible crime where the act performed
would have been an offense against persons were it not for
the inherent impossibility of its accomplishment
A saw his enemy B lying on a bed. With intent to

kill, A, stabbed B thinking that B was only sleeping. It
turned out that B has been dead before A stabbed
him.
The act performed by A would have been

MURDER, an offense against persons, were it not for
the inherent impossibility of its accomplishment, it
being impossible to kill a person who is already dead.
Example of an impossible crime where the act performed
would have been an offense against property were it not for
the inherent impossibility of its accomplishment
A, with intent gain picked the pocket of B, without

his knowledge and consent. The pocket turned out to
be empty.
The act performed by A would have been theft, an

offense against property, were it not for the inherent
impossibility of its accomplishment. Since theft
cannot be committed when there is no personal
property that could be taken.
Impossible crime where the means employed is
inadequate
A wanted to kill B. He mixed a small quantity

of poison into the milk of B. B drank the milk but
did not die because the poison was so inadequate
or of small quantity that it could not kill a person.
A is criminally liable for an impossible crime

of murder because if the poison was adequate,
and B died from poisoning, A would have been
guilty of murder. Subjectively, A is a criminal.
Impossible crime where the means employed is
ineffectual
A, believing that a certain white powder was

arsenic or poison, mixed it with the coffee
intended for B. B drank the coffee but nothing
happened to him since the white powder turned
out to be sugar, and not poison.
A is criminally liable for the impossible crime

of murder.
Penalty for Impossible Crime
Arresto mayor and a fine ranging

from P200.00 to P500.00
DUTIES OF THE COURTS OF LAW
What is the duty of the court in connection with acts,
which should be repressed, but which are not covered by
the law?
Whenever a court has knowledge of any act which it
may deem proper to repress and which is not punishable by
law, it shall render the proper decision (which is to dismiss
the case and acquit the accused) and shall report to the
Chief Executive, through the Department of Justice, the
reasons which induce the court to believe that said act
should be made the subject of legislation (Art. 5, 1st
paragraph, RPC).
Based on the rule that “there is no crime if there is
no law that punishes the act”.
What is the duty of the court in cases of excessive
penalties?
Whenever the court finds that a strict

enforcement of the provisions of the Revised Penal
Code would result in the imposition of a clearly
excessive penalty, taking into consideration the
degree of malice and the injury caused by the
offense, the court shall submit to the Chief
Executive, through the Department of Justice, such
statement as may be deemed proper, without
suspending the execution of the sentence (Art. 5,
2nd paragraph, RPC).
STAGES IN THE COMMISSION
OF A FELONY
THREE STAGES OF EXECUTION:
1) Attempted,
2) Frustrated, and
3) Consummated.
ATTEMPTED:
A felony is attempted when the offender
commences the commission of the 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.
OVERT ACT
An overt act is a physical activity, more than a mere
planning or preparation, which evinces the intention
of the offender to commit a particular felony.
The existence of the overt act is important only in the

attempted stage of the acts of execution.
It is not necessary to determine the existence of overt act in

the other acts of execution, because in frustrated stage, as
well as in the consummated stage of execution, the offender
has performed all the acts of execution, which necessarily
implies that the offender has done more than an overt act.
PREPARATORY ACTS
Preparatory acts are those initial acts of a person who has
conceived the idea of committing a crime, but which cannot
by themselves logically and necessarily ripen into a concrete
offense. They are not even overt acts and hence, they do not
constitute the attempted stage of the acts of execution.
Examples:
1) conspiracy and proposal to commit a certain felony;
2) buying or securing a weapon to commit murder.
Generally, preparatory acts are not punishable. However,

preparatory acts consisting in conspiracy to commit a felony
is punishable in treason, rebellion and sedition, and proposal
to commit a felony is punishable in treason and rebellion.
Preparatory acts which are considered in themselves
by law as independent crimes are punishable, like
possession of picklocks which are preparatory to the
commission of robbery with force upon things.
Buying or securing a weapon, like a knife or a

firearm, is not punishable. But when one buys or
secures a gun firearm and he has no license to
possess it, the mere possession of the same,
although a preparatory act to the commission of
homicide in punished by law – not as a preparatory
act, but as a distinct crime.
FRUSTRATED:
A felony 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.
CONSUMMATED:
A felony is consummated when all the elements
necessary for its execution and accomplishment
are present.
Felonies which have no attempted and
frustrated stages
1) Flight to enemy country,
2) Corruption of minors,
3) Formal felonies, like slander and false
testimony,
4) Felonies by omission, like misprision of
treason, and
5) Treason.
Felonies that do not have frustrated stage
of execution
1) Betting in sport contest,
2) Bribery, and
3) Corruption of officers.
These felonies which require the intervention of
2 persons are consummated by mere agreement.
The inducement made by one of the parties to
the other constitutes attempted felony, if the
offer is rejected. If the offer is accepted, the
felony is consummated.
APPLICATION
1. A, with intent to kill, aimed his revolver at B. B cried, asking A
not to kill him. A desisted and left B. Is A liable for attempted
homicide?
2. A, with intent to kill, aimed his gun at B and pulled the trigger.
The bullet jammed and did not explode. For what crime must A
be held liable for?
3. A, with intent to kill, aimed his gun at B and pulled the trigger.
The gun fired but B was not hit because of A’s lack of precision.
For what crime must A be held liable for?
4. A, with intent to kill, shot B with a gun. B was hit in the thigh
but only slightly. For what crime must A be held liable for?
5. A, with intent to kill shot B with a gun. B was hit and was
seriously wounded. But because of timely medical intervention,
B did not die. For what crime must A be held liable for?
LIGHT FELONIES
ARE LIGHT FELONIES PUNISHABLE?
Light felonies:
Those infractions of law for the commission of which the
penalty of arresto menor or a fine not exceeding P200
pesos, or both, is provided.
General Rule:
Light felonies are punishable only when CONSUMMATED.
Exception:
Light felonies committed against persons or properties are
punishable even if they are merely ATTEMPTED or
FRUSTRATED.
Examples of light felonies which are punishable
only when consummated
1) Betting in sport contests,
2) Illegal cock-fighting, and
3) Intriguing against honor.
These light felonies are punishable only when

consummated because they are not against
persons or property and hence, they are
covered by the general rule.
CONSPIRACY AND PROPOSAL TO
COMMIT A CRIME
WHEN IS THERE CONSPIRACY?
There is conspiracy when two or more persons
come to an agreement concerning the commission of a
felony and decide to commit it.
ELEMENTS:
1) there are two or more persons;
2) who come to an agreement;
3) concerning the commission of a felony; and
4) they decide to commit the felony.
TWO KINDS OF CONSPIRACY:
1) Conspiracy as a felony/crime, and
2) Conspiracy as a manner of incurring criminal liability.
CONSPIRACY AS A FELONY VS. CONSPIRACY AS A
MANNER OF INCURRING CRIMINAL LIABILITY
Conspiracy as a Felony Conspiracy as a Manner of Incurring

Criminal Liability
It is a felony when the law If after the conspiracy , the

especially provides a penalty offenders actually committed
therefor like Art. 115, which treason, rebellion or sedition,
punishes Conspiracy to the conspiracy ceases to be a
Commit Treason, Art. 136 felony and becomes only a
which punishes Conspiracy to manner of incurring criminal
Commit Rebellion, and Art. liability, that is, “THE ACT OF
141, which punishes ONE CONSPIRATOR IS THE
Conspiracy to Commit ACT OF ALL CONSPIRATORS”.
Sedition.
WHAT IS PROPOSAL TO COMMIT A FELONY?
There is a proposal when the person who has
decided to commit felony proposes it execution to some
other person or persons.
REQUISITES:
1) a person has decided to commit a felony; and
2) after such decision, he proposes the execution of the
felony to some other person or persons.
IS PROPOSAL TO COMMIT A FELONY PUNISHABLE?
It is punishable only in the cases in which the law
specially provides a penalty therefor, to wit:
1) Proposal to Commit Treason (Art. 115), and
2) Proposal to Commit Rebellion (Art. 136).
May a person be held liable for proposal to
commit rebellion if the proposal is rejected by
the person to whom the proposal is made?
Yes, because what the law punishes is the mere

proposal to commit rebellion or treason by one
who is decided to commit it. The acceptance of
such proposal is not necessary.
CLASSIFICATION OF FELONIES
ACCORDING TO GRAVITY
WHAT ARE THE CLASSIFICATION OF FELONIES
ACCORDING TO GRAVITY?
Grave Felonies
Those which the law attaches a capital punishment
or a penalty which is afflictive in any its periods.
Less Grave Felonies
Those which the law punishes with penalties which
in their maximum period are correctional.
Light Felonies
Those infractions of law for the commission of
which the penalty of arresto menor or a fine not
exceeding P200.00 or both is provided.
OFFENSES NOT SUBJECT TO THE
PROVISIONS OF THE
REVISED PENAL CODE
Are the provisions of the RPC applicable to
offenses which are punishable under special
laws?
As a general rule, offenses which are
punishable by special laws are not subject to the
provisions of the RPC.
The RPC is merely SUPPLEMENTARY to such
laws, unless the special law should specially
provided the contrary.
CIRCUMSTANCES WHICH AFFECT
CRIMINAL LIABILITY
WHAT ARE THE CIRCUMSTANCES THAT AFFECT
CRIMINAL LIABILITY?
They are:
Justifying,
Exempting,
Mitigating,
Aggravating, and
Alternative.
JUSTIFYING CIRCUMSTANCES
JUSTIFYING
Those circumstances wherein the acts of the
actor are in accordance with law, and hence,
he incurs no criminal and civil liability.
No crime is committed. Hence, it follows that
there is no criminal to speak of. The actor has
not incurred any criminal liability.
JUSTIFYING CIRCUMSTANCES:
1) Self-defense – Anyone who acts in defense of his

person or rights.
Requisites:
a. unlawful aggression on the part of the victim;
b. reasonable necessity of the means employed to
prevent or repel it (person defending himself);
and
c. lack of sufficient provocation on the part of the
person defending himself.
ILLUSTRATIVE CASE:
A, was living in the house of B. One evening, A kissed the
wife of B who saw them. B took a bolo and attacked A
with it. A avoided the blow, opened his own knife and
stabbed B to death. Prosecuted for homicide, A claimed
self-defense. Did A act under the justifying circumstance
of self-defense?
No, because A gave sufficient provocation to the

deceased. The third requisite of self- defense was not
present.
However, A is entitled to incomplete self-defense. Under
Art. 69, A is entitled to one or two degrees lower of the
penalty for homicide.
SUPREME COURT DECISIONS ON SELF DEFENSE
1) In self-defense the burden of proof rests upon the
accused. His duty is to established self-defense by
clear and convincing evidence; otherwise conviction
would follow from his admission that he killed the
victim (People v. Mercado 159 Phil. 453).
2) Reasonable necessity of the means employed is
negated by the location and severity of the victim’s
wounds. Mortal wounds at vital parts of the victim’s
body indicate appellant’s determination to kill the
deceased and not merely to defend himself (People
v. Zate, Nov. 17, 2001).
2) Defense of relative – Anyone who acts in defense of the
persons or rights of his spouse, ascendants, descendants,
or legitimate, natural or adopted brothers or sisters, or of
his relatives by affinity in the same degrees, and those by
consanguinity within the 4th civil degree.
Requisites:
prevent or repel it (person defending himself); and
c. in case the provocation was given by the person
attacked, that the one making defense had no part
therein.
3) Defense of stranger – Anyone who acts in defense of
the person or rights of a stranger.
Requisites:
prevent or repel it (person defending himself);
and
c. the person defending be not induced by revenge,
resentment, or other evil motive.
Illustrative Case:
A was in love with the wife of B. One day, A, at a
distance of fifty meters, saw B in the act of stabbing
C, a stranger, with a knife. A shot B who was mortally
wounded. Did A act in defense of a stranger?
It depends. If A killed B only to save C from being

killed by B, A was justified in doing so. But if A killed
B to enable him to marry B’s wife, then the third
requisite of defense of stranger is lacking, A having
been induced by evil motive.
4) State of necessity – Doing an act which causes
damage to another to avoid an evil or injury.
Requisites:
a. the evil sought to be avoided actually exists;
b. the injury feared be greater than that done to
avoid it; and
c. there are no other practical and less harmful
means of preventing the evil.
Illustrative Case:
A, a married woman who had experienced difficult
childbirth which almost cost her life, consulted a
doctor. The doctor after mature consideration
advised her that it would be better to remove her
ovary. By agreement of A and the doctor, her ovary
was removed by operation. Can A and the doctor
escape criminal liability for mutilation under the
justifying circumstance of state of necessity?
No, because the evil sought to be avoided did not

actually exist. The first requisite is absent.
Another Illustrative Case:
The captain of a vessel loaded the vessel with a quantity
beyond the approved capacity. While the vessel was in
the sea, it met a storm. Sensing that the vessel might sink
because of the strong wind and big waves and due to its
heavy load, the captain ordered that half of the cargoes
be jettisoned, which was done by the crewmembers. Can
the captain successfully invoke the justifying
circumstance of state of necessity?
No, because the state of necessity was brought about by
his negligence. The evil which brought about the state of
necessity must not result from a violation of law by the
actor.
5) Fulfillment of duty or lawful exercise of a right or
office.
6) Obedience to an order issued by a superior for some

lawful purpose.
Requisites:
a. Order issued by a superior for a lawful purpose, and
b. Lawful means was used to carry out said lawful
order.
Illustrative Case:
The PNP Chief ordered his men to shoot and kill
on sight a notorious criminal who was at large.
Consequently, a police officer shot the notorious
criminal who was found sleeping, in obedience to
the order of the PNP Chief. The notorious
criminal died. Was the police officer justified in
shooting to death the notorious criminal?
No, because the order is illegal or unlawful,
especially so that the criminal was killed while he
was sleeping.
7) Battered woman syndrome as a JUSTIFYING
CIRCUMSTANCE (Republic Act No. 9262).
R.A. 9262 provides:
“victims-survivors who are found by the courts to

be suffering from battered woman syndrome do
not incur any criminal and civil liability
notwithstanding the absence of any elements for
justifying circumstances involving the commission
of the crime”.
BATTERED WOMAN SYNDROME AS A
JUSTIFYING CIRCUMSTANCE
Who is a 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 for her rights. In
order to be classified as a battered woman, the
couple must go through the acute battering cycle at
least twice (People v. Genosa, G. R. No. 135981 Jan.
15, 2004; Sept. 29, 2000).
• In order to be classified as a battered woman,
the accused and her spouse must go through
the battering cycle at least twice. Any woman
may find herself in an abusive relationship
with a man once. If it occurs a second time
and she remains in the situation, she is
defined as a battered woman (People v.
Genosa, G. R. No. 135981, January 15, 2004).
• The battered woman does not incur both

criminal and civil liabilities.
What are the three (3) phases of the so-called “cycle of
violence” in the battered woman syndrome?
•Tension-building phase – During this phase, minor

battering occurs. It could be verbal or slight physical
abuse or another form of hostile behavior.
•Acute battering incident – This phase is characterized

by brutality, destructiveness and sometimes death.
•The tranquil period – The final phase of the cycle of

violence begins when acute battering incident ends. The
couple would experience profound relief. The batterer
may show tender nurturing behavior towards his
partner.
EXEMPTING CIRCUMSTANCES
EXEMPTING
Those wherein there is absent in the agent of the
crime any of the conditions that would make an act
voluntary , or negligent.
One who acts by virtue of any of the exempting

circumstances commits a crime, but because of the
absence of the conditions which constitute free will
or voluntariness of the act, no criminal liability
arises. There is however, civil liability.
EXEMPTING CIRCUMSTANCES:
The following are exempt from criminal liability:
1) An imbecile or an insane person, unless the latter has acted during a
lucid interval;
2) A person under 9 years of age;
3) A person under 9 years old and under 15 (RA 9344);
4) Any person over 15 and under 18 years old, unless he acted with
discernment (RA 9344);
5) Any person who while performing a lawful act with due care,
causes an injury by mere accident without fault or intention of
causing it;
6) Any person who acts under the compulsion of an irresistible force;
7) Any person who acts under the impulse of an uncontrollable fear
of an equal or greater injury;
8) Any person who fails to perform an act required by law, when
prevented by some lawful or insuperable cause.
INSANITY VS. IMBECILITY
INSANITY - exists when there is complete deprivation
of intelligence. Mere abnormality of the mental
faculties will not exclude imputability.
IMBECILITY – exists when a person of advanced age

has the mental development comparable to that of a
child between 2 and 7 years of age.
• An insane person is not exempt if it can be shown

that he acted during a lucid interval. But an imbecile
is exempt in all cases from criminal liability.
INSANITY
At the time of his trial for homicide, A was insane as shown by the
report of a doctor of the National Mental Hospital. Must the court
declare A exempt from criminal liability?
No, because the mental condition of the accused at the time of his
trial does not in any way affect his criminal liability. It is the mental
condition of the accused at the time of the commission of the crime
which the court has to consider for the purpose of determining his
criminal liability.
If he was insane at the time of the commission of the crime, he should
be acquitted regardless of the condition of his mind at the time of his
trial.
If he is insane at the time of his trial so that even with the assistance
of counsel, he may not have a fair trial, the court can only suspend the
trial and commit him to the National Mental Hospital until he shall
have regained his reason.
INSANITY
SOMNAMBOLISM
Commonly known as sleep-walking. It is embraced in a plea of
insanity.
DEMENTIA PRAECOX
It is mental illness otherwise known as schizophrenia. When a
person becomes affected by this kind of mental illness, he has
no control whatever of his acts, during the period of excitement.
It may be considered as embraced in the term “insanity”,
because the person affected has completely lost the exercise of
his will power.
• A mental illness which only diminishes the exercise of will
power may give rise to a mitigating circumstance only.
MINORITY
WHAT ARE THE LEGAL CONSEQUENCES OF MINORITY UNDER THE
NEW LAW (RA 9344)?
1)If the offender is 15 years old or less at the time of the
commission of the offense, he is EXEMPT FROM CRIMINAL
LIABILITY but not from civil liability. But although he is exempt from
criminal liability, he shall be subjected to an “intervention program”
pursuant to Sec. 20 of the law.
2) If the offender is more than 15 years but less than 18 years of
age at the time he committed the offense and he acted without
discernment, he is STILL EXEMPT FROM CRIMINAL LIABILITY.
3) If the offender who is above 15 but under 18 years of age at
the time of the commission of the offense acted with
discernment, he shall undergo the “diversion program”
prescribed by the law.
OFFENSES WHERE PERSONS LESS THAN 18
YEARS OLD ARE EXEMPT (RA 9344)
1) Vagrancy (Art. 202)

2) Prostitution (Art. 202)
3) Mendicancy (PD 1563)
4) Sniffing Rugby ( PD 1619)
ACCIDENT
An accident is something that happens outside
the sway of our will, and although it comes
about through some act of our will, it lies
beyond the bounds of humanly foreseeable
consequences.
If the injury or damage caused is clearly

foreseeable, it is a case of negligence.
ACCIDENT
Illustrative Case:
A fired his gun several times upward in the air on the
eve of a new year in Manila. One of the slugs fired by
him fell on the head of a boy who was playing on the
street. Is A criminally liable for the death of the boy?
Yes. This is not a case of pure accident, which is an

exempting circumstance. The discharge of firearm in a
thickly populated place like Manila is prohibited and
penalized under Art. 155 of the RPC. Hence, A was not
performing a lawful act. He is in fact at fault.
INSUPERABLE CAUSE
Illustrative Case:
In the province : A pregnant woman, while answering the
call of nature in her farm, gave birth to a child and then
and there suffered from severe dizziness and extreme
debility. She left the child and tried to walk to her house.
The child died when it was bitten by an animal. Is the
mother criminally liable for infanticide?
No. She was prevented from taking with her the child
when she was overcome by sever dizziness and extreme
debility. Hence, she was prevented by some insuperable
cause.
ABSOLUTORY CAUSES
Those where the act committed is a crime but for reasons of
public policy and sentiment there is no penalty imposed .
1) Spontaneous desistance during the attempted stage of

execution of the act constituting the crime;
2) Light felonies are not punishable unless they are
consummated, except those committed against persons or
property;
3) Accessories are not liable for light felonies;
4) Less serious or slight physical injuries inflicted under
exceptional circumstances;
5) Exemption from criminal liability of certain relatives in the
crimes of theft, estafa and malicious mischief;
6) Marriage between the offended party and the offender in the
crimes of seduction, abduction and acts of lasciviousness.
MITIGATING CIRCUMSTANCES
MITIGATING
Based on the diminution of either the
freedom of action, intelligence, or intent, or
on the lesser perversity of the offender.
Those that have the effect of reducing the
penalty by one or more degrees lower than
the imposable penalty.
MITIGATING CIRCUMSTANCES:
1)Incomplete justifying or exempting
circumstances, because all the requisites
necessary to justify the act or to exempt from
criminal liability in the respective cases are not
attendant/present.
2) The offender is under 18 or over 70 years old.
3) The offender had no intention to commit so
grave a wrong as that committed (praeter
intentionem).
MITIGATING CIRCUMSTANCES:
4) Sufficient provocation or threat on the part of
the offended party immediately preceded the
act.
5) The act was committed in the immediate
vindication of a grave offense to the one
committing the felony, his spouse, ascendants,
descendants, etc.
6) Passion or obfuscation - Having acted upon
an impulse so powerful as naturally to have
produced passion or obfuscation.
7) Voluntary surrender.
Requisites:
a. The offender has not been arrested;
b. He surrendered himself to a person in
authority or agent of a person in authority;
and
c. His surrender was voluntary.
8) Offender is deaf and dumb, blind or suffering
from physical defects that restrict his means
of action, defense or communication.
Rationale:
Such physical defect restricts a person’s means
of action, defense, or communication with his
fellow beings, thereby diminishing his
freedom of action.
9) Such illness of the offender as would diminish
the exercise of the will-power of the offender
without depriving him of the consciousness of
his acts.
Insanity vs. Illness of the Offender
• Presupposes complete absence of
Insanity intelligence at the time of the commission
of the crime.
• Exempting circumstance.
• Only diminishes the exercise of will power.

Illness of the The offender is still conscious of his acts.
Offender • Mitigating circumstance.
Examples of illnesses which are considered
mitigating circumstances:
1) Acute neurosis which makes a person ill-
tempered and easily angered;
2) Feeblemindedness; and
3) Kleptomania, which is an abnormal, persistent
impulse or tendency to steal.
10) Any other circumstances of a similar nature and
analogous to the foregoing, such as the following:
a. Over 60 years old with failing sight, as similar to
over 70 years of age;
b. Voluntary restitution of stolen property, as similar
to voluntary surrender of the offender; and
c. Extreme poverty and necessity, as similar to
incomplete justification based on state of necessity.
11) Plea of guilty or voluntary confession of guilt.
Plea of guilty can only be appreciated as a mitigating
circumstance if it is made before the presentation of
any evidence by the prosecution.
CIRCUMSTANCES WHICH
AGGRAVATE CRIMINAL LIABILITY
AGGRAVATING CIRCUMSTANCES
AGGRAVATING
Those which serves to increase the penalty without
exceeding the maximum provided by law.
Based on the greater perversity of the offender

manifested in the commission of the felony, as shown
by (1) the motivating power of the commission of the
crime, (2) the place of its commission, (3) the ways
and means employed , (4) the time, or (5) the
personal circumstance of the offender or of the
offended party.
AGGRAVATING CIRCUMSTANCES
What are the aggravating circumstances?
They are:
1) Taking advantage by the offender of his public
position.
2) The crime in contempt of or with insult to the public
authorities.
3) 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 it be committed in the
dwelling of the offended party, if the latter has
not given provocation.
Instances where dwelling is not aggravating:
1) When the offended party in his dwelling gave sufficient and

immediate provocation to the offender.
2) When both the offender and the offended party are occupants
of the same dwelling.
3) When dwelling is inherent in the crime, such as in robbery with
force upon things and in trespass to dwelling.
Case:
While they were talking on the road, A boxed the face of B.
Thereafter, A ran into his house nearby and B followed A into
the latter’s house where B killed him.
Dwelling in this case is aggravating in spite of the provocation
given by A because said provocation was not given by A in his
house/dwelling.
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.
• The aggravating circumstance that the crime be committed in

a place dedicated to religious worship does not require that
there be a religious ceremony.
• The place should be exclusively used for religious worship. A
temporary altar built at the Luneta Park, even if mass is being
said there by a cardinal, is not considered 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.
Night time, Uninhabited place or by a band is
aggravating if:
1) It facilitated the commission of the crime;
2) It is specially sought for by the offender to insure
the commission of the crime or for the purpose of
impunity; or
3) The offender took advantage thereof for the
purpose of impunity .
When is a crime considered committed by a
band?
Whenever more than 3 armed malefactors

shall have acted together in the commission of
the crime/offense, it shall be deemed to have
been committed by a band.
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 (reiteracion or
habituality).
KINDS OF HABITUALITY:
1) Recidivism
2) Reiteracion or habituality
3) Habitual Delinquency
4) Quasi-recidivism
RECIDIVISM
When an accused at the time of his trial for an offense shall
have been previously convicted by final judgment of a crime
embraced in the same title of the RPC.
- aggravating circumstance
REITERACION OR HABITUALITY
It is a circumstance where the offender has been previously
punished for an offense to which the law attaches (has served
sentence) an equal or greater penalty; or he has previously
been punished for two or more crimes previously to which the
law attaches a lighter penalty. It is not required that the
offenses be covered under the same title of the RPC.
Example: In 1990, A served the penalty for Theft involving 1
million pesos. In 2000, he was charged with Theft of an object
worth P500.00. (Big time to small time)
HABITUAL DELINQUENCY
This occurs when within 10 years from the date of conviction
or last release of a person for any of the crimes of Serious
Physical Injuries, Less Serious Physical Injuries, Theft, Robbery,
Estafa or Falsification (SLTREF), he is found guilty the third
time or oftener.
QUASI-RECIDIVISM
When a person who before serving sentence or while serving
sentence, commits another felony.
-The crime committed must be a felony.
- special aggravating circumstance which must be alleged in
the information.
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 evident

premeditation.
14) That craft, fraud or disguise be employed.
Craft vs. Fraud vs. Disguise:

Craft involves intellectual trickery and cunning on the part
of the offender.
Example: A courted the housemaid of B to enable him to
enter the house. During the second meeting with the maid
in the house where the maid had already trust and
confidence in him, A stole money and jewelry of B.
The aggravating circumstance of CRAFT should be
considered against A because he resorted to such
intellectual trickery and cunning to induce the maid to
admit him in the house of B.
Other examples of craft:
1) Inviting the victim to a distant mountain to see a peculiar/unusual
tree and once there killed the victim;
2) Pretending to be a passenger in a taxicab and once in the taxi,
robbed the driver of his money;
3) Representing himself as an authority to gain entrance into the
house where offender committed acts of lasciviousness.
Fraud is the use of insidious words or machinations to induce

another.
Example: A told the maid of B that he is an employee of the
electric cooperative and that he needs to go inside to check the
electrical connection of the house, and because of this false
representation, he was allowed to enter the house of B. Once
inside, A at the point of a gun succeeded in taking money and
jewelry of B.
Other examples of fraud:
1) Inducing the victim to go down to the lower story of
his house, pretending to be buying wine stored there
and when victim went down, the accused killed him
right then and there.
Disguise – resorting to any devise to conceal identity

before committing the crime.
Example:
Using wig or make-up to disguise as a woman for the
commission of a crime.
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.
Requisites of treachery:
1) The crime committed is against persons, such as
killing or injuring a person without justifiable reason;
2) When the victim is attacked, he must be

defenseless, that is, he is not in a position to make a
defense; and
3) The means, method or form of attack must be

deliberately chosen by the offender.
17) That means be employed or circumstances
brought about which add ignominy to the
natural effects of the act.
18) That the crime be committed after an
unlawful entry.
There is an unlawful entry when an entrance
is effected by a way not intended for the
purpose, i.e. wall, roof, floor, or window.
20) That the crime be committed with the aid of
persons under 15 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.
ALTERNATIVE CIRCUMSTANCES
ALTERNATIVE CIRCUMSTANCES
ALTERNATIVE
Those which are either aggravating or
mitigating according to the nature and effects
of the crime and other conditions attending its
commission, such as:
1)Intoxication;
2)Relationship; and
3)Degree of Instruction/Education.
Intoxication
Mitigating - if offender committed a felony in a state of intoxication,
and such intoxication is (a) not habitual or (b) subsequent to the plan
to commit said felony.
Aggravating - if (a) habitual, or (b) when it is intentional, that is,
subsequent to the plan to commit the crime.
Relationship
Aggravating – in crimes of rape, acts of lasciviousness, and other
crimes of chastity.
Mitigating - in crimes against property.
Exempting - when the crime of theft, swindling (estafa) or malicious
mischief is committed or caused mutually by the following persons:
1) Spouses, ascendants and descendants, or relatives by affinity in the
same line;
2) Brothers and sisters and brothers-in-law and sisters-in-law, if living
together.
Degree of instruction or education of the
offender.
Mitigating – low degree or lack of instruction coupled
with low degree of intelligence that the offender does
not fully realize the consequences of a criminal act.
Not mitigating in crimes against property like arson,

and in crimes against chastity like acts of lasciviousness.
Aggravating – high degree of instruction/ education

PERSONS CRIMINALLY LIABLE
FOR FELONIES
WHO ARE CRIMINALLY LIABLE?
1) Who are liable for Grave and Less Grave Felonies?
a) principals;
b) accomplices; and
c) accessories.
2) Who are liable for Light Felonies?
a.) Principals, and
b.) Accomplices.
Accessories are 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.
WHO ARE PRINCIPALS?
3 Kinds of Principals:
1) Principal who take direct part in the execution of the
act (Principal by Direct Participation - PDP);
2) Principal who directly force or induce others to
commit a crime (Principal by Inducement - PI); and
3) Principals who cooperate in the commission of the
offense by another act without which it would not
have been accomplished (Principal by
Indispensable Cooperation - PIC).
WHO ARE ACCOMPLICES?
Who are accomplices?
Those persons who, not being principals , cooperate in
the execution of the offense or after coming to know a
conspiracy/plan to commit an offense or after seeing
the principal by direct participation commit an offense,
concurs, conforms or approves such conspiracy or act
of the principal, by a previous or simultaneous acts.
His participation however, should not be equal to or

greater than the act of the principal by direct
participation.
ILLUSTRATIONS:
1. A and B agreed and decided to commit Robbery in the

house of X. On the following day, A & B told C about the
plan and asked C to drive them to the house of X. C drove A
& B to the house of X where A & B committed Robbery. Is C
liable? If so, what is his liability?
Yes, as an accomplice. He concurred to the conspiracy and

cooperated with A & B by driving them to the crime scene.
2. A stabbed B. C saw what A did. C boxed B. B died from stab

wounds. C is an accomplice. He concurred in the act of A by
boxing B. the act of C is lesser than the act of A.
PRINCIPAL VS. ACCOMPLICE
PRINCIPAL ACCOMPLICE
Takes a direct part in the execution One who, not being any one of the 3
of the act; one who directly forces or kinds of principal, cooperates in the
induces others to commit it; or one execution of the offense by previous
who cooperates in the commission or simultaneous acts.
of the offense by another act
without which , the crime would not
have been accomplished .
Have knowledge of the plan to Does not have knowledge of the plan
commit the crime for having been or conspiracy to commit the crime.
participated in the planning or one of But upon knowing or seeing the
the conspirators. criminal design of the principal, an
accomplice concurs with the plan by
helping the principal by direct
participation.
PIC VS. ACCOMPLICE
PIC ACCOMPLICE
Both cooperates or participates in the commission of the crime.
The cooperation of the PIC is The cooperation of the

INDISPENSABLE to the accomplice is only NECESSARY.
commission of the crime, that
is, without his cooperation
(performed an act), the crime
would not have been
accomplished.
WHO ARE ACCESSORIES?
They are:
1) those who have knowledge in the commission of crime; and
2) take part subsequent to its commission in any of the following
manner:
a) by profiting themselves or assisting the offender to profit from
the effects of the crime;
b) by concealing or destroying the body of the crime or the

effects or instruments thereof, in order to prevent its discovery;
c) by harboring, concealing, or assisting in the escape of the

principal of the crime if he acts with abuse of public functions or
when 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.
2 Kinds of Accessory Under par. c:
1) A private person who harbors, conceals or assists in the escape of
the principal who is guilty of treason, parricide, murder, or an
attempt on the life of the Chief Executive or is known to be a
habitual delinquent. Keyword: TPMA-H
Nota Bene:
The word guilty is a wrong translation of the Spanish text. It is
enough that the principal committed an offense. He doesn’t have
to be found guilty or convicted. Thus, if the principal committed
Murder and a private person assisted him in his escape knowing
that he committed the crime, the said private person is liable as an
accessory.
If the crime committed by the principal is Homicide as when there

is no qualifying aggravating circumstance the private person is not
liable as an accessory but as a principal in Obstruction of Justice
or Violation of PD 1829.
2) A public officer who harbors, conceals or assists in the escape of
the principal if he acts with abuse of his public functions,
regardless of the nature of the crime committed by the principal
provided it is not a light felony.
Q: A stole an Ipad and brought it home. B, a policeman, C and D are all

A’s brothers who knew that the Ipad had been stolen by A. C hid
the Ipad. B, the policeman, helped in the escape of A. Later, D sold
the Ipad and spent the proceeds of the sale. Are B, C and D
accessories? Are they criminally liable?
A: B, C and D are all accessories, because B assisted in the escape of A
with abuse of his public functions as a policeman; C concealed the
Ipad to prevent the discovery of the crime, and D profited by the
effect of the crime.
Only D is criminally liable as accessory because he profited by the
effect of the crime.
Accessories who are exempt from criminal liability:
• Spouse
• Ascendants
• Descendants
• Legitimate, natural or adopted brothers and sisters
• Relatives by affinity within the same
degree.(SADBROSA)
ACCESSORY IN RELATION TO (PD 1829) OBSTRUCTION
OF JUSTICE
Q: When will an accessory in a crime be liable as a principal in
another crime?
A: When he is an accessory whose act or omission is also

penalized in a special law. In crimes under special laws or crimes
mala prohibita, the offender can be penalized as principal unless
otherwise provided.
Those who assist the principal to escape may be

prosecuted under P.D. 1829 for obstruction of justice not as
accessory but as a principal, provided that a separate Information
shall be prepared for the crime of obstruction of justice.
PENALTIES
PENALTIES IN GENERAL
PENALTY DEFINED
In its general sense, penalty signifies pain.
In its juridical sphere, penalty means the

suffering undergone, because of the action of
society, by one who commit a crime. Hence,
penalty is imposed only after a conviction in a
criminal action.
JURIDICAL CONDITIONS OF PENALTY
1) Must be productive of suffering but the limit is the
integrity of human personality;
2) Must be proportionate to the crime in the sense that
different penalties are prescribed for different felonies;
3) Must be personal as must be imposed only upon the
criminal and no other;
4) Must be legal it must be in consequence of a judgment
according to law;
5) Must be certain so that one cannot escape from it;
6) Must be equal in the sense that it applies to all persons
regardless of circumstances; and
7) Must be correctional. (Serve as deterrence to others) or
Exemplary.
PURPOSE OF THE STATE IN PUNISHING CRIMES
To secure justice. The State has an existence of its
own to maintain; a conscience to assert, and
moral principles to vindicate.
Penal justice must therefore be exercised by the
State in the service and satisfaction of a duty, and
rests primarily on the moral rightfulness of the
punishment inflicted.
CONSTITUTIONAL LIMITATIONS ON PENALTIES
1)Excessive fines shall not be imposed, nor

cruel, degrading or inhuman punishment
inflicted;
2) Death penalty shall not be imposed, unless,

for compelling reasons involving heinous
crimes. Congress shall provide for it.
WHAT PENALTIES MAY BE IMPOSED?
Only that penalty prescribed by law prior to
the commission of the felony (Art. 21, RPC).
Felonies are punishable under the laws in

force at the time of their commission.
CAN A PENAL LAW BE APPLIED
RETROACTIVELY?
Yes, if it is favorable to the accused who is not
a habitual criminal (Art. 22, RPC).
Today
Yesterday
This applies even if the convict is already

serving sentence.
What is the three-fold purpose of the penalty
under the RPC?
1)Retribution or expiation – the penalty is
commensurate with the gravity of the offense.
2)Correction or reformation – as shown by the
rules which regulate the execution of the
penalties consisting in deprivation of liberty.
3)Social Defense – as shown by its inflexible
severity to recidivists and habitual delinquents.
MEASURES OF PREVENTION OR SAFETY ARE
NOT CONSIDERED PENALTIES
Detention due to:
a) Insanity, imbecility, illness requiring confinement at a hospital;
b) Commitment of a minor in accordance with P.D. 603 as
amended;
c) Suspension from public office during trial or in-order to institute
the action is not a penalty because it is not imposed in a
judicial proceeding;
d) Fines and other corrective measures imposed by superior
officers upon their subordinate in the exercise of
administrative or disciplinary powers; and
e) Deprivation of rights and reparations which the civil law
establishes in penal form.
Reason:
They are not penalties because they are not
imposed as a result of judicial proceedings. The
commitment of a minor to any of the
institutions mentioned in Art. 80 is not a penalty,
because the sentence is suspended.
CLASSIFICATION OF
PENALTIES
CLASSIFICATION OF PENALTIES UNDER THE RPC
1) PRINCIPAL PENALTY
– that penalty which is EXPRESSLY imposed by the court in the
judgment of conviction.
Principal Penalties and their Different Classes:

Capital Punishment – death
Afflictive Penalties –
a. reclusion perpetua
b. reclusion temporal
c. perpetual or temporary absolute disqualification
d. perpetual or temporary special disqualification
e. prision mayor
Correctional Penalties -
a. prision correccional
b. arresto mayor
c. suspension
d. destierro
Light Penalties –
a. arresto menor
b. public censure
Penalties common to the preceding classes -
a. fine
b. bond to keep the peace
2) ACCESSORY PENALTY
– that penalty which is deemed included in the imposition
of the principal penalty.
What are the accessory penalties?
a. Perpetual or temporary absolute disqualification
b. Perpetual or temporary special disqualification
c. Suspension from public office, the right to vote and be
voted for, the profession or calling
d. Civil interdiction
e. Indemnification
f. Forfeiture or confiscation of instruments and proceeds of
the offense
g. Payment of costs.
PENALTIES WHICH COULD EITHER BE
PRINCIPAL OR ACCESSORY?
1) Perpetual or temporary absolute

disqualification;
2) Perpetual or temporary special
disqualification, and
3) Suspension.
WHAT ARE INCLUDED IN COSTS IN CRIMINAL CASES?
They are:
1) Fees, and
2) 2) indemnities in the course of judicial proceedings.
WHAT ARE THE PECUNIARY LIABILTIES OF A PERSON GUILTY OF

A CRIME?
They are:
1) Reparation of the damage caused,
2) Indemnification of consequential damages,
3) The fine, and
4) The costs of the proceedings.
WHAT IS SUBSIDIARY PENALTY?
Is a subsidiary personal liability to be suffered by the
convict who has no property with which to meet the
pecuniary liabilities for the reparation of the damage
cause, indemnification of consequential damages,
and fine, at the rate of P8.00 per day.
It is not a principal or an accessory penalty. It is not

expressly imposed by the court. It can be imposed
only if the convict does not have money or property
to cover his pecuniary liabilities.
IN WHAT CASES CAN THERE BE SUBSIDIARY PENALTY?
Subsidiary penalty is possible only when any of the
following penalties is imposed:
1) prision correccional ;
2) suspension and fine;
3) destierro;
4) arresto mayor;
5) arresto menor; and
6) fine only.
WHAT IS THE MAXIMUM DURATION OF THE
SUBSIDIARY PENALTY?
If the penalty imposed is prision correccional or
arresto mayor and fine, it shall not exceed 1/3 of the
term of the sentence, and in no case shall it continue
for more than 1 year.
But if the penalty imposed is fine only, it shall not

exceed 6 months, if the offender is prosecuted for
grave or less grave felony; and not more than 15 days, if
prosecuted for a light felony.
DURATION AND EFFECTS OF
PENALTIES
WHEN IS FINE AFFLICTIVE, CORRECTIONAL
OR LIGHT?
1) Afflictive
– more than P6,000.00
2) Correctional
– at least P200.00 but not more than
6,000.00
3) Light
– less than P200.00
DURATION OF PENALTIES
RECLUSION PERPETUA
- 20 years and 1 day to 40 years.
- after serving 30 years, the convict may be pardoned;
RECLUSION TEMPORAL
- 12 years and 1 day to 20 years;
PRISION MAYOR AND TEMPORARY DISQUALIFICATION
- 6 years and 1 day to 12 years;
PRISION CORRECTIONAL, DESTIERRO, SUSPENSION
- 6 months and 1 day to 6 years.
ARRESTO MAYOR
- 1 month and 1 day to 6 months;
ARRESTO MENOR
- 1 day to 30 days; and
BOND TO KEEP THE PEACE
- such period of time as the may require.
COMPUTATION OF PENALTIES
If the offender shall be on prison, the terms of

the duration of the temporary penalties shall
be computed from the day on which the
judgment of conviction shall have become
final.
OFFENDERS ENTITLED TO A DEDUCTION OF
THEIR PREVENTIVE IMPRISONMENT FROM THE
TERM OF IMPRISONMENT.
If the detention prisoner agrees voluntarily in writing to
abide the same disciplinary rules imposed on convicted
prisoners, except in the following cases:
1)he/she is a recidivist or convicted twice or more times

of any crime;
2) when summoned for the execution of his/her

sentence failed to surrender voluntarily.
EFFECTS OF PERPETUAL OR TEMPORARY
ABSOLUTE DISQUALIFICATION
1) Deprivation of any public office or employment of the

offender;
2) Deprivation of the right to vote in any election or to
be voted upon
3) Disqualification for any public office and for the
exercise of any rights mentioned; and
4) Loss of rights to retirement pay or pension.
SPECIAL DISQUALIFICATION FOR PUBLIC
OFFICE, PROFESSION OR CALLING
1) Deprivation of the office, employment,

profession or calling affected; and
2) Disqualification for holding similar offices or

employment’s during the period of
disqualification.
SPECIAL DISQUALIFICATION FOR THE EXERCISE
OF RIGHT SUFFRAGE.
1) Deprivation of the right to vote or be elected

to an office, and
2) Cannot hold any public office during the

period of disqualification.
EFFECTS OF SUSPENSION FROM PUBLIC OFFICE,
PROFESSION OR RIGHT OF SUFFRAGE.
1) Disqualification from holding such office or the

exercise of such profession or right of suffrage during
the term of the sentence; and
2) Cannot another office having similar functions during

the period of suspension.
EFFECTS OF CIVIL INTERDICTION
Loss of:
1) parental authority;
2) guardianship over the ward
3) marital authority;
4) right to manage his property and to dispose of
the same by an act inter vivos.
Civil interdiction is an accessory penalty to the

following principal penalties: a) Reclusion
Perpetua, and b) Reclusion Temporal.
BOND TO KEEP THE PEACE
• Offender presents two sufficient sureties who shall
undertake that he will not commit the offense sought
to be prevented and in case such offense is
committed, they shall pay the amount determined by
the court, or deposit may be made by the offender to
guarantee such undertaking.
• If the offender cannot give the bond, he may be

detained for a period not exceeding 6 months if
prosecuted for grave or less felony or for a period not
to exceed 30 days, for a light felony.
EFFECTS OF PARDON BY THE CHIEF EXECUTIVE
1) An absolute pardon extinguishes the criminal liability

of the offender (Art. 89, par. 3);
2) It does exempt the offender from the payment of the
civil indemnity imposed in the sentenced. (Art. 36);
and
3) It does not restore the right to hold public office or
the right of suffrage unless such rights are expressly
restored by the terms of the pardon.
EXEMPTIONS/LIMITATIONS:
• Such power does not extend to cases of

impeachment; and
• In election offenses, it can be exercised only

upon prior recommendation of the COMELEC.
EFFECT OF PARDON BY THE OFFENDED PARTY
ON THE PROSECUTION OF THE OFFENDER.
1) The criminal action in public crimes is not

extinguished.
2) Regarding private crimes, criminal liability is

extinguished.
3) The civil liability with respect to the interest of the

injured party in any crime, whether public or private,
is extinguished by express waiver.
CONFISCATION OF PROCEEDS OR
INSTRUMENTS OF CRIME
1) The accessory penalty is concluded in every penalty imposed for

the commission of a crime;
2) Confiscation in favor of the government;
3) Property of third person not liable for the offense is not subject
for confiscation;
4) Property not subject of lawful commerce though it belongs to a
third person shall be destroyed;
5) If the government (trial court) did not order any confiscation of
the proceeds of the crime, the government cannot appeal as
that would increased the penalty already imposed and the
defendant would be placed in double jeopardy.
APPLICATION OF PENALTIES
WHAT IS A COMPLEX CRIME?
A complex crime is one where a single act constitutes 2 or
more grave or less grave felonies, or where an offense is a
necessary means for committing the other.
Two Kinds:
1) Compound Crime (Delito Compuesto)
- where a single act constitutes 2 or more grave or less
grave felonies
Requisistes:
a. Only one act was performed by the offender; and
b. The felonies produced by the single act are grave or
less grave felonies.
2) Complex Crime Proper (Delito Complejo)
- where an offense is a necessary means for committing
the other
Requisites:
a. That two or more crimes are committed by the same
individual;
b. That one or some of them is or are necessary to
commit the other;
c. That all the crimes are punished under the same
statute.
NATURE OF COMPLEX CRIMES:

Made up of more than one crime, but in the eyes of the
law is only a single indivisible offense.
INSTANCES WHERE A PERSON WHO COMMITTED MULTIPLE
CRIMES IS PUNISHED WITH ONE PENALTY:
1) When the offender committed any of the complex crimes

defined in Art. 48 (Compound Crime and Complex Crime
Proper) of the RPC;
2) When the law specifically fixes one single penalty for two
or more offenses, such as robbery with homicide; and
3) When the offender committed continued or continuing

crimes.
CONTINUED/CONTINUING CRIME
One where the offender performs a series
of acts violating one and the same penal
provision, committed at the same or several
places for the same criminal purpose. Regardless
of the series of acts done, it is regarded as only
one crime.
It may be filed in the proper court in any
place where an element of the crime was
committed.
PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE
CRIME COMMITTED IS DIFFERENT FROM THAT INTENDED
1) If the penalty of the felony committed be higher than the

penalty for the offense which the accused intended to
commit, the lower penalty shall be imposed in its maximum
period;
2) If the penalty of the felony committed be lower than the
penalty for the offense which the accused intended to
commit, the lower penalty shall be imposed in its maximum
period;
3) If the crime committed also constitutes an attempt or
frustration of another crime, and the law prescribes a higher
penalty for either of the latter, the penalty for the attempted
or frustrated crime shall be imposed in its maximum period.
PENALTY FOR PRINCIPAL IN A CONSUMMATED FELONY
- the penalty provided by law
PENALTY FOR PRINCIPAL IN FRUSTRATED FELONY
- One (1) degree lower than that prescribed for
consummated felony.
PENALTY FOR PRINCIPAL IN ATTEMPTED FELONY
- Two (2) degrees lower than that prescribed for
consummated felony.
PENALTY FOR ACCOMPLICE OF A CONSUMMATED
FELONY
-One (1) degree lower than that prescribed for a
consummated felony
PENALTY FOR ACCESSORY OF A CONSUMMATED
FELONY
- Two (2) degrees lower than that prescribed for a
consummated felony
PENALTY FOR ACCOMPLICE OF A FRUSTRATED

FELONY
- One (1) degree lower than that prescribed for a
frustrated felony
PENALTY FOR ACCESSORY OF A FRUSTRATED FELONY

- Two (2) degrees lower than that prescribed for a
frustrated felony
PENALTY FOR ACCOMPLICE OF AN ATTEMPTED
FELONY
- One (1) degree lower than that prescribed
for an attempted felony
PENALTY FOR ACCESSORY OF AN ATTEMPTED

FELONY
- Two (2) degrees lower than that prescribed
for an attempted felony.
ADDITIONAL PENALTY UPON ACCESSORIES
COVERED BY PAR. 3 ART. 19, WHO SHOULD ACT
WITH ABUSE OF PUBLIC FUNCTIONS
1) If the principal is guilty of a grave felony -

absolute perpetual disqualification;
2) If the principal is guilty of a grave felony -
absolute temporary disqualification; and
3) Light felonies are not included because in such
felonies, accessories are not liable.
RULES OF GRADUATING PENALTIES
1) When the penalty prescribed for the felony is single and indivisible,
the penalty next lower in degree shall be that immediately following
that indivisible penalty in the respective graduated scale prescribed
in Article 71 of this code.
2) When the penalty prescribed for the crime is composed of two
indivisible penalties or of one or more divisible penalties to be
imposed to their full extent, the penalty next lower in degree shall
be that immediately following the lesser of the penalties prescribed
in the respective graduated scale.
3) When the penalty prescribed for the crime is composed of one or
two indivisible penalties and the maximum period of another
divisible penalty, the penalty next lower in degree shall be
composed of the medium and minimum periods of the proper
divisible penalty and the maximum period of that immediately
following in said respective graduated scale.
4) When the penalty prescribed for the crime is composed of
several periods, corresponding to different divisible penalties,
the penalty next lower in degree shall be composed of the
period immediately following the minimum prescribed and of
the two next following, which shall be taken from the penalty
prescribed, if possible; otherwise from the penalty
immediately following in the above mentioned respective
graduated scale.
5) When the law prescribes a penalty for a crime in some
manner not specially provided for in the four preceding rules,
the courts, proceeding by analogy, shall impose corresponding
penalties upon those guilty as principals of the frustrated
felony, or of attempt to commit the same, and upon
accomplices and accessories.
WHAT IS A DEGREE IN RELATION TO THE
PENALTIES PROVIDED BY THE RPC?
A DEGREE is one unit penalty or one of the penalties
enumerated in the graduated scales in Art. 71 of the RPC
SCALE 1
1. Death 6. Arresto Mayor
2. Reclusion Perpetua 7. Destierro
3. Reclusion Temporal 8. Arresto Menor
4. Prision Mayor 9. Public Censure
5. Prision Correccional 10. Fine
Each one of them is a degree in relation to the other.
Example: Prision Mayor is one degree lower from reclusion
temporal, while prision correccional is two degrees lower from
reclusion temporal.
WHAT IS A PERIOD IN RELATION TO A PENALTY?
A PERIOD is one of the three equal portions of a divisible
penalty, called the minimum, the medium, and the
maximum.
Example:
Reclusion Temporal - Minimum Period
Medium Period
Maximum
Prision Mayor - Minimum Period

Medium Period
Maximum
WHAT IS A COMPLEX PENALTY?
A penalty prescribed by law, composed of three

distinct penalties, each forming a period: the
lightest of them as the minimum; the next, the
medium; and the most severe, the maximum
period.
Example: Reclusion Temporal to Death
Minimum – Reclusion Temporal
Medium – Reclusion Perpetua
Maximum – Death
WHAT IS THE THREE-FOLD RULE?
The three-fold rule means that 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.
Example:
X, was convicted in eight estafa case. He was sentenced in the
eight cases as follows: (a) 6 months, (b) 2 years, (c) 6 months, (d)
1 year, (e) 1 year, (f) 2 years, (g) 2 years, and (h) 7 years.
Q: How long will the total period of his imprisonment be?
EXECUTION AND SERVICE OF
PENALTIES
WHEN AND HOW PENALTY IS TO BE
EXECUTED ?
1) No penalty shall be executed except by virtue of
a final judgment;
2) 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; and
3) Only penalty by final judgment can be executed.

SUSPENSION OF THE EXECUTION AND SERVICE
OF THE PENALTIES IN CASE OF INSANITY
1) When a convict becomes insane or imbecile after final
sentence has been pronounced, the execution of said
sentence is suspended only as regards the personal
penalty;
2) If he recovers his reason, his sentence shall be executed,

unless the penalty has prescribed; and
3) Even if above provisions shall be observe, the payment of

his civil or pecuniary liabilities shall not be suspended.
INSTANCES WHEN DEATH PENALTY CANNOT BE
IMPOSED?
1) When the guilty person is more than 70 yrs. of age;
2) When upon appeal or revision of the case by the
Supreme Court eight (8) justices are unanimous in the
voting as to propriety of the imposition of the death
penalty;
3) When the offender is a minor under 18 yrs. of age; and
4) When the offender is a pregnant woman.
Nota Bene: The imposition of the Death Penalty is

prohibited under RA 9346.
SUSPENSION OF THE EXECUTION OF THE DEATH
SENTENCE
1) Woman within three years following the date of the
sentence;
2) Woman, while pregnant;
3) Person over 70 years of age;
4) Convict who becomes insane after final sentence of
death has been pronounced. (See Art. 79) But when
he recovers his reason and before the penalty has
prescribed, he may be put to death.
(Imposition of Death Penalty is already prohibited
under RA 9346).
DESTIERRO
Those sentenced of destierro are precluded

from entering the place or places designated in
the sentence, or within the radius therein
designated, which shall include a distance of 25
kilometers at least, and 250 kilometers at most,
from the place designated.
IN WHAT CASES IS DESTIERRO IMPOSED?
The penalty is imposed when:
1) When death or physical injuries is caused or

are inflicted under exceptional circumstances
(Art. 247)
2) When a person fails to give bond for good
behavior (Art. 284);
3) As a penalty for the concubine in the crime of
concubinage (Art. 334)
4) When after lowering the penalty degrees,
destierro is the proper penalty.
ARRESTO MENOR
The penalty of arresto menor may be served in the

house of the defendant for health reasons on the part
of the convict and other reasons satisfactory to the
court.
EXTINCTION OF CRIMINAL
LIABILITY
WHAT ARE THE CAUSES OF TOTAL EXTINCTION
OF CRIMINAL LIABILITY?
1) By the death of the convict, as to the personal penalties; and as
to the pecuniary penalties, liability therefore 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 with the offender, as
provided in Art. 344. RPC.
AMNESTY
An act of the President granting oblivion or
general pardon for a past offense and is rarely,
if ever, exercised in favor of a single individual
and usually exerted in behalf of certain
classes of persons who are subject to trial but
have not yet been convicted.
PARDON
An act of grace from the President which
exempts the individual on whom it is
bestowed from punishment.
Kinds:
1) Absolute – no conditions
2) Conditional – there are certain conditions
imposed which the pardonee must comply.
What is prescription of crime?
Prescription of crime is the forfeiture or loss of the right of the
State to prosecute the crime after the lapse of certain period
of time.
What are the prescriptive periods of crimes?
They are:
1) Crimes punishable by death, RP or RT – prescribe in 20 years.
2) Crimes punishable by other afflictive penalties – 15 years.
3) Crimes punishable by correctional penalties – 10 years, with
the exemption of the penalty of arresto mayor, which
prescribes in five years.
4) Libel or other similar offenses – 1 year
5) Oral defamation and slander by deed – 6 months
6) Light offenses – 2 months
COMPUTATION OF PRESCRIPTION OF OFFENSES
1) The period of prescription commences to run from the
day on which the crime is discovered by the offended
party, the authorities or their agents;
2) It is interrupted by the filing of the complaint or
information;
3) It commences 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; and
4) The term of prescription shall not run when the
offender is absent from the Philippines.
What is prescription of penalty?
It refers to the forfeiture or loss of the right of the
government to execute the final sentence after the
lapse of certain time.
What are the prescriptive period of penalties?
1) Death and reclusion perpetua prescribed in twenty
(20) years;
2) Other afflictive penalties, in fifteen years;
3) Correctional penalties, in ten years, with the
exemption of the penalty of arresto mayor, which
prescribes in five years; and
4) Light penalties, in one year.
COMPUTATION OF THE PRESCRIPTION OF
PENALTIES
1) The period of prescription of penalties commences to run
from the date the culprit evaded the service of his sentence.
2) It s interrupted if the convict:
a. gives himself up/surrenders,
b. be captured,
c. goes to a foreign country which we have no extradition
treaty.
d. commits another crime before the expiration of the
prescriptive period.
3) The period of prescription of penalties shall commence to run
again when the convict escapes again after having been
captured and returned to prison.
PRESCRIPTION OF PENALTY
ELEMENTS:
1) That the penalty is imposed by final sentenced;
2) That the convict evaded the service of the sentence by escaping
during the term of his sentence;
3) That the convict who escaped from prison has not given himself
up, or been captured or gone to a foreign country which we
have no extradition treaty, or committed another crime;
4) That the penalty has prescribed, because of the lapse of time
from the date of the evasion of the service of the sentence by
the convict.
Note: The period of prescription of penalties commences to run
from the date when convict evaded the service of his sentence.
WHAT ARE THE CAUSES OF PARTIAL
EXTINCTION OF CRIMINAL LIABILITY?
1) By conditional pardon;
2) By commutation of the service of the service
of sentence; and
3) For good conduct allowance which the culprit
may earn while he is serving his sentence.
Conditional Pardon:
- May be granted by the Chief Executive, at any time after final
judgment.
- It is considered as a Contract between the President and the
convict and that the President will release the convict, who in
turn will follow or comply with the condition. One of the
conditions is that the convict will not commit any other crime.
- Allowed under the Administrative Code subject to certain
conditions that should be complied with by the convict.
- If conditions of the pardon are violated, the convict may be
ordered re-arrested and reincarcerated, and may be
prosecuted under Art. 159 of the RPC.
OBLIGATIONS OF A PERSON GRANTED
CONDITIONAL PARDON
1) He must comply strictly with the conditions imposed
in the pardon;
2) Failure to comply with the conditions shall result in
the revocation of the pardon, and which results to
the order of his arrest and reincarceration; and
3) He becomes liable under Art. 159. This is the judicial
remedy.
(ART. 159 – Other cases of evasion of service of
sentence).
What is commutation of sentence?
It is a change of the decision of the court by
reducing the degree of the penalty inflicted
upon the convict, or by decreasing the length
of the imprisonment or the amount of the
fine.
What is the effect of commutation of sentence?
The commutation of the original sentence for
another of a different length and nature shall
have the legal effect of substituting the latter
in the place of the former.
Instances where there is commutation of
sentence
1) When the convict is over 70 years of

age, the death penalty is commuted to life
imprisonment.
2) When the Supreme Court fails to

confirm the death penalty imposed by the lower
court.
ALLOWANCE FOR GOOD CONDUCT
Deduction from the number of years/days of imprisonment
granted in consideration of the good conduct of the prisoner.
Based on each month of good behavior.
1) During the first 2 years of his imprisonment, he shall be allowed a

deduction of 5 days for each month of good behavior;
2) During the third to fifth year, inclusive of his imprisonment, he
shall be allowed a deduction of 8 days for each month of good
behavior;
3) During the following years until tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of 10 days for each
month of good behavior; and
4) During the eleventh (11) successive years of his imprisonment, he
shall be allowed a deduction of 15 days for each month of good
behavior.
SPECIAL TIME ALLOWANCE FOR LOYALTY
Deduction of 1/5 of the period of the

sentence of a prisoner, who having evaded the
service of his sentence during the calamity or
catastrophe mentioned in Art. 158, gives
himself up to the authorities within 48 hours
following the issuance of the proclamation by
the President announcing the passing away of
the calamity or catastrophe.
WHO GRANTS TIME ALLOWANCE?
The allowance for good behavior is not an

automatic right.
It must be granted by the Director of Prisons,

and once granted cannot be revoked, and is
exclusively vested in the Director of Prisons.
CIVIL LIABILITY
WHAT IS INCLUDED IN CIVIL LIABILITY?
1) Restitution;
2) Reparation of the damaged caused; and
3) Indemnification for consequential damages.
Examples:
1) Restitution – in theft, the culprit is duty and return the

property stolen;
2) Reparation – in case of inability to return the property

stolen, the culprit must pay the value of the property
stolen; on case of physical injuries, the reparation of the
damaged caused would consist in the payment of
hospital bills and doctor’s fees to the offended party; and
3) Indemnification for consequential damages – the loss of

his salary or earning capacity. 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.
-THE END-
thank you…

RPC Book 1

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CRIMINAL LAW

Revised Penal Code

ATTY. JUVY RAMIREZ-MANWONG

Examples of crimes punished and penalized under

Colonial Period (Spanish Regime )

Royal Decree of 1870 made the

A Filipino named Rafael Del Pan, made the so

A Code Committee headed by then

Best remembered by the maxim “an eye for an eye, a

The purpose of penalty is RETRIBUTION. The offender is

A man is regarded as a moral creature who understands

The purpose of penalty is REFORMATION.

Criticized as being too lenient.

DOCTRINE OF PRO REO

DOCTRINE OF PRO REO

Nullum Crimen Nulla Poena Sine Lege

Common Law Crimes

Acts or deeds which the community

Actus Non Facit Reum, Nisi Mens Sit Rea

Actus Me Invito Est Meus Actus

Ignorantia Legis Non Excusat

The rationale of the doctrine is that if ignorance were an excuse,

This doctrine imputes knowledge of all laws to all persons

- excuses the actor from criminal liability because a

Not Applicable in the Following:

Dura Lex Sed Lex

Leo Echegaray’s Last Words: "Sambayanang Pilipino, patawarin ako sa kasalanang

1) The Revised Penal Code (Act. No. 3815);

2) Acts of the Philippine Legislature, National

LIBERAL CONSTRUCTION OF PENAL LAWS

A criminal/penal law should be liberally

Quantum of evidence required in criminal

1) Basic Principles Affecting Criminal Liability

2) Provisions on Penalties, Including Criminal

3) Specific Felonies and their Penalties under

ACT NO. 3815

EXCEPTIONS TO THE GENERAL APPLICATION:

 Sovereigns and other chiefs of state;

1) Should commit an offense while on a Philippine ship or

2) Foreign Merchant Vessel – registered with

1) FRENCH RULE – the country where the merchant

Jurisdiction under this rule is not territorial in

In the Philippines, we follow the ENGLISH RULE.

In case of foreign warships, they are not subject to

EXCEPTION TO THE PROSPECTIVE APPLICATION:

- The new law can be retroactively applied to A because

a) there must be an act or omission

1.When he acted under the compulsion of an

1. INTENTIONAL FELONIES – felonies committed with

2. CULPABLE FELONIES – felonies resulting from

In cases where criminal intent is not necessary, to wit:

1) That a felony was committed, and

2) That the wrong done to the aggrieved person be the

• Aberratio ictus (Mistake in the Blow)

Penalty Impossible: Penalty for the graver offense (Art.

A is criminally liable for the death of B because when he fired at

Penalty Impossible: Penalty prescribed for the lesser

A person committing an impossible crime incurs

1) Factual or Physical Impossibility – it occurs when

A saw his enemy B lying on a bed. With intent to

The act performed by A would have been

A, with intent gain picked the pocket of B, without