Criminal Law

!
CRIMINAL LAW!
Constitution
CRIMINAL LAW IN GENERAL
What is Criminal Law?!

A branch of law that defines crimes, treats of their
nature, and provides for their punishment.!
What is a Crime?!
It is an act committed or omitted in violation of a public
law forbidding or commanding it.!
What are the sources of Philippine Criminal Law?!

1. Revised Penal Code!
2. Special Penal Laws!
3. Penal Presidential Decrees!
Does Philippines recognize Common Law Crimes?!

No. Common law crimes are body of principles, usages
and rules of action which do not rest for their authority
upon any express and positive declaration of the will of
the legislature. In the Philippines, unless there be a
particular provision in a penal code or law that defines
and punishes the act or omission, no criminal liability is
incurred by its commission or omission.!
Who has the authority or power to define and punish

crimes?!
The State has the authority, under its police power, to
define and punish crimes, and to lay down the rules of
criminal procedure.!
What are the Constitutional Limitations on the power

of the lawmaking body to enact penal legislation?!
1. No ex post facto law or bill of attainder shall be
enacted!
2. No person shall be held to answer for a criminal
offense without due process of law!
What is an ex post facto law?!

1. It makes criminal an act done before the
passage of the law, and which was innocent
when done, and punishes such an act!
2. It aggravates a crime, or makes it greater than it
was when committed!
3. It changes the punishment and inflicts a greater
punishment than the law annexed to the crime
when committed!
4. It alters legal rules of evidence, and authorizes
conviction upon less or different testimony than
what the law required at the time of the
commission of the offense!
5. It assumes to regulate civil rights and remedies
only but in effect, it imposes penalty or
deprivation of a right for something which when
done was lawful!
6. It deprives a person accused of a crime some
lawful protection to which he has become
entitled!
Constitutional and Statutory rights of the accused.!
What is a bill of attainder?!

It is a legislative act which inflicts punishment without
trial.!
1.
R i g h t t o a s p e e d y 1.
disposition of their
cases before all judicial,
quasi-judicial or
administrative
proceedings!
2.
2. Right to due process of
law!
3. Right to bail!
4. Right against excessive
bail!
3.
5. Right to be heard!
6. Right to remain silent!
7. Right to a counsel!
8. Right against torture,
violence, threat,
intimidation or any other
means which vitiate free
will!
9. Right against secret
detention places,
solitary, incommunicado
or other similar forms of
detention!
10. Right against excessive
fi n e s a n d a g a i n s t
degrading, cruel or
inhuman punishment!
11. Right against double
jeopardy!
12. Right to free access to
courts and adequate
legal assistance to any
person of poverty
Statutory
Right to be
present and
defend himself in
person and by
counsel!
Right to testify as
a witness in his
own
behalf
subject to crossexamination!
Right to appeal
Similarities:!
1. Right to presumption of innocence until proven
guilty!
2. Right to be informed of the nature and cause of
the accusation against him!
3. Right against self-incrimination cannot be
compelled to be a witness against himself!
4. Right to confront and cross-examine witnesses
against him!
5. Right to avail of compulsory processes to secure
the attendance of witnesses and production of
evidence!
6. Right to have speedy, impartial and public trial
What are the characteristics of Criminal Law?!

1. General criminal law is binding on all persons
who live or sojourn in Philippine territory!
2. Territorial1 as a rule, penal laws of the
Philippines are enforceable only within its
territory!
3. Prospective crimes are punished under the
laws in force at the time of their commission
(Art. 366 RPC)!
What are the exceptions to the General character of

Criminal law?!
1 The extent of territorial jurisdiction of the Philippines for criminal law purposes is the scope of National Territory defined in the Constitution!
1.
2.
Article 2 of RPC except those provided in

treaties2 and laws of preferential application3!
Article 14 of the New Civil Code subject to the
principles of public international law4 and to
treaty stipulations!
What are the exceptions to the Territorial application

of Criminal law?!
Art. 2 of RPC: Its provisions shall be enforced outside of
the jurisdiction of the Philippines against those who:!
1. Should commit an offense while on a Philippine
ship or airship!
2. Should forge or counterfeit any Philippine coin
or currency note, or obligations and securities
issued by the Government of the Philippines!
3. Should be liable for acts connected with the
introduction into the Philippines of the
obligations and securities mentioned in (2)!
4. While being public officers or employees,
should commit an offense in the exercise of
their functions!
5. Should commit any of the crimes against
national security and the law of nations!
What are the exceptions to the Prospective

application of Criminal law?!
When a new statute dealing with crime, establishes
conditions more favorable to the accused, it can be
given a retroactive effect.!
!
!
Except:!
1. When the new law is expressly made
inapplicable to pending actions or existing
causes of action!
2. Where offender is a habitual criminal!
What are the effects when a penal law is repealed?!

1. If the repeal makes the penalty lighter ! new
law shall be applied except for the exceptions
mentioned above!
2. If the repeal imposes a heavier penalty !
apply the law in force at the time of commission
of the offense!
3. If the new law totally repeals the existing law
(absolute repeal) so that the act which was
penalized under the old law is no longer
punishable ! crime is obliterated!
4. When the new and old law penalize the same
offense, offender can be tried under the old law!
5. When repealing law fails to penalize the offense
under the old law ! accused cannot be
convicted under the new law!
6. A person erroneously accused and convicted
under a repealed statute may be punished
under the repealing statute when act
complained of was committed when the
repealing statute is already in force!
What is Self-Repealing law and its effects?!

An act or law the expires by its own limitation. The effect
is the same as though it had been repealed at the time
of its expiration.!
PRELIMINARY TITLE!
Articles 1 and 2
When did the Revised Penal Code take effect?!

This code shall take effect on the first day of January,
1932. [Art. 1 RPC]!
What are the two theories in Criminal Law?!

1. Classical Theory!
2. Positivist Theory!
Classical
Positivist
Basis of criminal Crime is essentially a social and

liability is human natural phenomenon, and as
free will
such, cannot be treated and
checked by the application of
P u r p o s e o f t h e abstract principles but rather
penalty is retribution t h r o u g h e n f o r c e m e n t o f
individual measures in each
particular case
What is the scope of application of the provisions of
the Revised Penal Code? [Art. 2 RPC]!
General Rule: it applies within the Philippine
Archipelago, including its atmosphere, its interior waters
and maritime zone!
!
!
1.
Exception: those provided in treaties and laws

of preferential application!
Exception to the exception: even
outside of the Philippine Archipelago, it
applies to those who!
S h o u l d
commit an
offense while
on
a
Philippine ship
or airship
Philippine ship or airship is that

which is registered in the
Philippine Bureau of Customs.!
2.
Should forge
or counterfeit
any Philippine
coin
or
currency note,
or obligations
and securities
issued by the
Government
of
the
Philippines
This applies to Art 163 (any

person who makes false or
counterfeit coins) and Art 166
(any person who forges treasury
or bank notes or other
obligations and securities) even
when done in a foreign country
so long as it forges or
counterfeited Philippine currency
3.
S h o u l d b e Reason: dangerous to the

liable for acts economical interest of the
c o n n e c t e d country
with
the
introduction
into
the
Philippines of
the obligations
and securities
mentioned in
(2)
It is the registration which makes

it Philippine ship or airship.
2 Ex: Bases Agreement where the other party maintains jurisdiction over crimes committed inside the bases or those committed by any member of the armed forces of that country
3 Ex: RA No. 75 provides for the immunities, rights and privileges of duly accredited foreign diplomatic representatives in the Philippines and his/her domestic servant
4 Ex: It is a well-established principle of international law that diplomatic representatives possess immunity from criminal jurisdiction of the country of their sojourn and cannot be sued,
arrested or punished by the law of that country This includes sovereigns and other chiefs of state, ambassadors, ministers plenipotentiary, ministers resident, and charges daffaires. Hence,
this does not include consuls
4.
5.
While being Crimes which may be committed

public officers i n t h e e x e r c i s e o f p u b l i c
or employees, functions:!
should commit
a. D i r e c t a n d I n d i r e c t
an offense in
Bribery!
the exercise of
b. Frauds against public
their functions
treasury!
c. P o s s e s s i o n
of
prohibited interest!
d. Malversation of public
funds or property!
e. Failure of accountable
o f fi c e r t o r e n d e r
accounts!
f.
Illegal use of public
funds or property!
g. Failure to make delivery
of public funds or
property!
h. Falsification by a public
officer or employee
committed with abuse
of his official position
S h o u l d Crimes against national security
commit any of and law of nations are:!
the crimes
a. Treason!
a g a i n s t
b. C o n s p i r a c y a n d
n a t i o n a l
proposal to commit
security and
treason!
the law of
c. Espionage!
nations
d. Inciting to war and
giving motives for
reprisals!
e. Violation of neutrality!
f.
Correspondence with
hostile country!
g. F l i g h t t o e n e m y s
country!
h. Piracy and mutiny on
the high seas
Which court has jurisdiction over crimes punishable

under Art. 2?! Regional Trial Court.!
What are the rules regarding crimes committed on

board a foreign merchant vessel?!
General Rule: Just as our merchant ship is an extension
of our territory, foreign merchant ship is considered an
extension of the territory of the country to which it
belongs. For this, an offense committed on the high seas
on board a foreign merchant vessel is not triable by our
courts.!
!
!
Exception: For crimes or continuing crimes

committed when the vessel is already within the
three-mile limit of the Philippine jurisdiction!
1.
2.
French Rule such crimes are not triable in the

courts of that country unless it affects peace
and security of the territory, or safety of the
state is endangered!
English Rule5 such crimes are triable in that
country unless it merely affect things within the
vessel, or they refer to internal management
thereof6!
What are the rules with regard offenses committed

on board foreign warships in territorial waters?!
Warships are always reputed to be the territory of the
country to which they belong and cannot be subjected to
the laws of another state.!
!
!
MANNER OF INCURRING CRIMINAL LIABILITY!

Article 3
What are Felonies as defined in Art. 3 RPC?!

Acts and omissions punishable by law are felonies
(delitos).!
!
!
Felonies are committed not only by means of deceit7

(dolo) but also by means of fault8 (culpa).!
What are the elements of Felonies?!
1. There must be an act or omission!
2. Such act or omission must be punishable by RPC!
3. Act is performed or omission incurred by means of
dolo or culpa!
What is act in relation to felonies?!

It must be an external act9 which has direct connection
with the felony intended to be committed.!
What is omission in relation to felonies?!

It is an inaction, or the failure to perform a positive duty
which one is bound to do.10!
What is punishable by law in relation to felonies?!

This is based on the maxim nullum crimen, nulla poena
sine lege, that is, there is no crime where there is no
law punishing it.!
What are the Classification of Felonies by which
they are committed?!
1. Intentional Felonies!
2. Culpable Felonies!
Intentional
Culpable
Committed by means of Committed by means of

dolo or deceit
fault or culpa
The act or omission of the The act or omission of the
offender is malicious and offender is not malicious
performed with deliberate
intent (malice)
What are the rules as to jurisdiction over crimes

committed aboard foreign merchant vessels while
on territorial waters of another country?!
5 We adhere to the English Rule.
6 Smoking opium constitutes a breach of public order, hence, triable in the Philippines.!
7 There is deceit when the act is performed with deliberate intent.
8 There is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
9 It is the external act that is punished, because internal acts are beyond the sphere of law.
10 There must be a law requiring a certain act to be performed and the person required to do the act fails to perform it!
T h e o f f e n d e r , i n The injury caused is

performing the act or unintentional, it being
incurring the omission, performed without malice
has the intention to cause
an injury to another
The wrongful act results
from !
a. Imprudence!
b. Negligence!
c. Lack of foresight !
d. Lack of skill
Acts or omissions must be voluntarily made
What are the reasons why the act or omission in

felonies must be voluntarily made?!
1. The basis of criminal liability is human free will!
2. Man is a rational being!
3. In felonies by dolo, act is performed with
deliberate intent which must necessarily be
voluntary; and in felonies by culpa, imprudence
consists in voluntarily but without malice!
What are the requisites of Dolo or Malice?!

1. Freedom11!
2. Intelligence12!
3. Intent13 !
How is intent shown?!

It must be shown by overt acts of a person. Thus,
criminal intent is presumed from the commission of an
unlawful act.!
Is there an exception to the presumption of criminal

intent?!
1. Actus non facit reum, nisi mens sit rea: A crime
is not committed if the mind of the person
performing to act complained by innocent!
2. Rebutted by proof of lack of such intent!
!
!
What is the effect of Ignorance of the Law?!

It excuses no one from compliance therewith.!
What is Mistake of Fact and its effects?!
It is a misapprehension of fact on the part of the person
who caused injury to another. He is not criminally liable
because he did not act with criminal intent.!
What are the requisites of Mistake of Fact as a

Defense?!
1. Act done would have been lawful had the facts
been as the accused believed them to be14!
2. Intention of the accused in performing the act
should be lawful15!
3.
Mistake must be without fault or carelessness

on the part of the accused16!
What are the requisites of Culpa or Fault?!

1. Freedom!
2. Intelligence!
3. Imprudence or Lack of Skill, or Negligence or
Lack of Foresight17!
Will a person who caused damage or injury to

another without malice or fault be criminally liable
under RPC?!
No. This is because felonies under the RPC should be
committed either by means of deceit/dolo or fault/culpa.!
!
!
What is the third class of crimes?!

Crimes punished under special laws.!
What are the rules with regard to crimes punished
under special laws?!
Dolo or criminal intent is not required, it being sufficient
that the offender has the intent to perpetrate the act
prohibited by the special law. Thus, it is enough that the
prohibited act is done freely and consciously.18!
What is the reason why criminal intent is not

necessary in crimes punishable by special law?!
Doing of an act prohibited by a special law is considered
injurious to public welfare; thus, mere doing of the
prohibited act is a crime itself.!
Are good faith and absence of criminal intent valid

defenses in crimes punishable by special laws?!
No, since the offense is malum prohibitum punished by
special law.!
Distinguish Mala in se and Mala prohibita.!

Mala in se
Mala prohibita
Wrongful from their very Wrong merely because it

n a t u r e o r i n h e r e n t l y is prohibited by statute
immoral
Intent governs
Only inquiry is: has the

law been violated?
R e f e r s g e n e r a l l y t o Refers generally to acts

f e l o n i e s d e fi n e d a n d made criminal by special
penalized by RPC
law
Distinguish Intent from Motive.!

Intent
Motive
P u r p o s e t o u s e a Moving power which impels

particular means to one to action for a definite
effect such result
result
11 Thus, persons who act under compulsion of an irresistible force or under the impulse of an uncontrollable fear of an equal or greater injury is exempt from criminal liability
12 Thus, imbecile or insane, and infant under 9 years of age as well as minor over 9 but less than 15 years old and acting without discernment, have no criminal liability because they act
without intelligence
13 Intent presupposes the exercise of freedom and use of intelligence but a person who acts with freedom and intelligence may not have intent to do an injury to another!
14 The act done by the accused would have constituted a justifying circumstance, an absolutory cause or an involuntary act
15 Thus, when the accused made a mistake in killing one man instead of another cannot relieve him from criminal responsibility (error in personae or mistake in the identity of the victim)
16 Thus, when the accused is negligent, mistake of fact is not a defense because there is no intent to consider as it is replaced by imprudence or lack of skill, or negligence or lack of
foresight!
17 Thus, the injury caused to another should be unintentional, it being the incident of another act performed without malice!
18 The act alone, irrespective of motives, constitutes the offense.!
What are the rules with regard to Motive for

purposes of conviction?!
General rule: It is not an essential element of a crime;
hence, it need not be proved for purposes of conviction!
Exceptions: motive is essential when !
a. There is doubt as to the identity of the
assailant!
b. Evidence is merely circumstantial!
How Motive should be proved?!

It should be established by testimony of witnesses on
the acts or statements of the accused before or
immediately after commission of offense.!
!
!
Is motive alone sufficient to support a conviction? !

No. It should be coupled by reliable evidence.!
CRIMINAL LIABILITY!
Article 4
How can criminal liability be incurred? [Art. 4]!

Criminal liability shall be incurred:!
1. By any person committing a felony (delito)
although the wrongful act done be different from
that which he intended!
2. By any person 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!
What are the requisites to incur criminal liability

under Art. 4(1)?!
1. Intentional felony has been committed19!
2. Wrong done to the aggrieved party be the
direct, natural and logical consequence of the
felony committed by the offender!
When is there no felony committed?!

1. When the act is not punishable by RPC!
2. When one is acting in self-defense!
Is there an exception to the requirement that an

intentional felony must be committed?!
Yes, in cases where a man creates in another persons
mind an immediate sense of danger, which causes such
person to try to escape, and, in so doing, the latter
injures himself, the man who creates such a state of
mind is responsible for the resulting injuries.!
What is the rationale of Art. 4(1)?!

He who is the cause of the cause is the cause of the
evil caused.!
What are the instances when a person is still

criminally liable although the wrongful act done be
different from that which he intended?!
1. Error in personae mistake in the identity of the
victim!
2. Aberratio ictus mistake in the blow!
3. Praeter intentionem injurious result is greater
than that intended!
Is an offended party obliged to submit to a surgical

operation to relieve the accused from the natural
and ordinary results of his crime?!
No. An accused is liable for all the consequences of his
acts, and the infection of a wound he has caused is one
of the consequences for which he is answerable.21!
What does direct consequence mean?!

The felony committed must be the proximate cause22 of
the resulting injury.!
What does natural consequence mean?!

It refers to an occurrence in the ordinary course of
human life or events.!
What does logical consequence mean?!

There is a rational connection between the act of the
accused and the resulting injury or damage.!
What are some factors that do not alter or change

the cause and effect relationship of the felonious
act and its resultant injuries?!
a. Pathological condition of the victim!
b. Predisposition of the victim!
c. Concomitant or concurrent conditions23!
d. Conditions supervening the felonious act24!
When is the felony committed not the proximate

cause of the resulting injury?!
a. There is an active force25 that intervened
between the felony committed and resulting
injury, and the active force is a distinct act or
fact absolutely foreign from the felonious act of
the accused!
b. Resulting injury is due to the intentional act of
the victim!
!!
What is the consequence of committing a felony

with malice?!
One who commits an intentional felony is responsible for
all the consequences which may naturally and logically
result therefrom, whether foreseen or intended or not.20!
When is death presumed to be the natural

consequence of physical injuries inflicted?!
a. The victim at the time the physical injuries were
inflicted was in normal health!
b. Death may be expected from the physical
injuries inflicted!
c. Death ensued within a reasonable time!
19 No felony is committed when (a) act or omission is not punishable by the RPC, or (2) act is covered by any of the justifying circumstances enumerated in Art. 11
!
!
20 One is not relieved from criminal liability for the natural consequences of ones illegal acts merely because one does not intend to produce such consequences
21 Note: the infection should not be due to the malicious act of offended party
22 Proximate cause is 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!
23 Ex: Negligence or fault of the doctors

24 Ex: Tetanus, pulmonary infection or gangrene!
25 Ex: when a person struck another and knocked him down, and a horse near them jumped upon him and killed him
What is the effect of the occurrence of a

supervening event?!
It may be the subject of amendment of original
information or of a new charge without double jeopardy.!
What is consummated felony? [Art. 6(2)]!

A felony is consummated when all the elements27
necessary for its execution and accomplishment are
present.!
Explain the concept of Art. 4(2).!

It is the commission of an impossible crime indicative of
propensity or criminal tendency on the part of the doer.!
What is frustrated felony? [Art. 6(2)]!

It is frustrated when the offender performs all the acts of
execution which would produce the felony as a
consequence but which, nevertheless, do not produce it
by reason of causes independent of the will of the
perpetrator.!
!
!
What are the requisites of an impossible crime?!

1. Act performed would be an offense against
persons or property!
2. Act was done with evil intent!
3. Its accomplishment is inherently impossible26,
or that the means employed is either
inadequate or ineffectual!
4. Act performed should not constitute a violation
of another provision of RPC!
What is the penalty imposed for impossible crime?

[Art. 59]!
Arresto mayor or a fine ranging from P200 to P500.!
!
!
DUTY OF THE COURTS!

Article 5
What is the duty of the court with regard to acts

which should be repressed but which are not
covered by law, or in cases of excessive penalties?
[Art. 5]!
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, 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.!
In the same way, 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, when a strict
enforcement of the provisions of this 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.!
!
!
What is attempted felony? [Art. 6(3)]!

There is an attempt when the offender commences the
commission of a felony directly or 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 this own spontaneous desistance.!
What are the stages in the development of a crime?!

1. Internal acts28!
2. External acts!
a. Preparatory acts29!
b. Acts of execution30!
i. Attempted iii. Consummated!
ii. Frustrated!
What is an over act?!
Some physical activity or deed indicating the intention to
commit a particular crime, which if carried will logically
and necessarily ripen into a concrete offense.!
What is the importance of the overt act or external

acts in relation to the commission of a crime?!
It must have a direct connection to the crime intended to
be committed by the offender.!
What is an indeterminate offense?!

It is one where the purpose of the offender in performing
an act is not certain; its relation to its objective is
ambiguous.!
What are the rules with regard to desistance? !

It should be made before all the acts of execution are
performed.!
Can courts suspend the imposition of penalty that,

in its opinion, excessive?!
No. It is the duty of the judicial officers to respect and
apply the law, regardless of their private opinions.!
Once having desisted, will it exempt the offender

from all the criminal acts he/she has committed?!
No. Spontaneous desistance of a malefactor exempts
him from criminal liability for the intended crime but it
does not exempt him from the crime already committed
by him before his desistance.!
What is the remedy of the offender in cases where

the penalty to be imposed is excessive?!
An executive clemency may be extended to such
offender.!
In what phase is the felon when committing an

attempted felony?!
The offender never passes the subjective phase of the
offense.31!
!
!
!
STAGES OF COMMISSION OF A FELONY!

Article 6
!
!
Relate the kind of wound inflicted to the stage where

it is at.!
a. Attempted there was no wound inflicted or the
wound inflicted is far from fatal!
26 It must either be (a) legal impossibility or (b) physical impossibility

27 The phrase all the elements refers to the elements of a particular crime
28 Mere ideas in the mind of a person are not punishable even if, had they been carried out, they would constitute a crime
29 Ordinarily are not punishable EXCEPT when law provides for their punishment in certain felonies, such as, proposal and conspiracy to commit a felony
30 These should be punishable under RPC!
31 Subjective phase = that portion of the acts constituting the crime, starting from the point where the offender begins the commission of the crime to that point where he has still control
over his acts, including their natural course
b.
c.
Frustrated the wound inflicted is not mortal!

Consummated the wound inflicted is mortal!
What is the importance of causes independent of

the will of the perpetrator in frustrated stage?!
If the crime is not produced because of timely
intervention of a third person, it is frustrated.!
If the crime is not produced because the offender himself

prevented its consummation, there is no frustrated
felony, for the 4th element is not present.!
Distinguish attempted felony, frustrated felony, and

impossible crime.!
Attempted
Frustrated
Impossible
Crime
Offender has not accomplished his

criminal purpose
Offender merely
commences the
commission of a
felony directly by
overt acts and
does
not
perform all the
acts of execution
Offender has
performed all the
acts of execution
which would
produce the
felony as a
consequence
Offender has not O f f e n d e r h a s T h e r e i s n o

p a s s e d t h e r e a c h e d t h e attempted or
subjective phase objective phase frustrated stage
Evil intent of the offender is not accomplished
Evil intent of the offender is Evil intent of the
possible of accomplishment
offender cannot
be accomplished
How to determine whether the crime is only
attempted, frustrated or consummated?!
a. Nature of the offense!
b. Elements constituting the felony!
c. Manner of committing the same!
What are the manners of committing the crime?!

1. Formal crimes32 consummated in one instant,
no attempt!
2. Crimes consummated by mere attempt or
proposal or by overt act33!
3. Felony by omission no attempted stage
because the offender does not execute acts!
4. Crimes requiring intervention of two persons to
commit them are consummated by agreement34!
5. Material crimes35 there are 3 stages of
execution!
!
!
GRAVE, LESS GRAVE AND LIGHT FELONIES!

Articles 7 and 9
What are light felonies? [Art. 9(3)]!
These are infractions of law for the commission of which

the penalty of arresto menor or a fine not exceeding
P200, or both, is provided.!
When are light felonies punishable? [Art. 7]!

General rule: Light felonies are punishable only when
they have been consummated!
!
!
Exception: with the exception of those

committed against persons or property!
What are the light felonies punished by RPC?

[TAMIS]!
a. Theft!
b. Alteration of boundary marks!
c. Malicious mischief!
d. Intriguing against honor!
e. Slight physical injuries!
What are less grave felonies? [Art. 9(2)]!

Less grave felonies are those which the law punishes
with penalties which in their maximum period are
correctional, in accordance with Art. 25.!
What are grave felonies? [Art. 9(1)]!

Grave felonies are those to which the law attaches the
capital punishment or penalties which in any of their
periods are afflictive, in accordance with Art. 25.!
What is the importance of Art. 9?!

It classifies felonies according to their gravity by the
penalties attached to them by law.!
!
!!
What is capital punishment under our penal system?!

It is death penalty.36!
What are the rules when the penalty prescribed for

the offense is composed of two or more distinct
penalties?!
a. If the higher or highest of the penalties is an
afflictive penalty, then it is deemed as grave
felony!
b. If the higher or highest of the penalties is an
correctional penalty, then it is deemed as less
grave felony!
!
!
CONSPIRACY AND PROPOSAL TO COMMIT

FELONY!
Article 8
When is there conspiracy? [Art. 8(2)]!

A conspiracy exists when two or more persons come to
an agreement concerning the commission of a felony
and decide to commit it.!
When is there proposal? [Art. 8(3)]!

There is proposal when the person who has decided to
commit a felony proposes its execution to some other
person or persons.!
32 Ex: slander, false testimony or sale of prohibited drugs

33 Ex: flight to enemys country or corruption of minors
34 The offer made by one of the parties to the other constitutes attempted felony if the offer is rejected
35 Attempted, frustrated, consummated
36 RA 9346 AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES!
The imposition of the penalty of death is hereby prohibited. In lieu of the death penalty, the following shall be imposed.!
a.
Penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code!
b.
Penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code!
When are conspiracy and proposal to commit felony

punishable? [Art. 8(1)]!
Conspiracy and proposal to commit felony are
punishable only in the cases in which the law specially
provides a penalty therefor.37!
What are special laws?!

It is a penal law, a statute enacted by the legislative
branch, which punishes acts not defined and penalized
by the RPC.!
!
!
Describe conspiracy as a manner of incurring

criminal liability.!
Conspiracy relates to a crime actually committed, where
the act of one is the act of all.!
Conspiracy under this is not punishable as a separate
offense.!
What are the requisites of conspiracy?!
1. Two or more persons came to an agreement38!
2. Agreement concerned the commission of a felony39!
3. The execution of the felony be decided upon!
How is conspiracy established?!

It must be established by positive and conclusive
evidence, need not be direct proof. It must be shown to
exist as clearly and convincingly as the commission of
the crimes itself.40!
What are the requisites of proposal?!

1. A person has decided to commit a felony!
2. He proposes its execution to some other person
or persons!
When is there no criminal proposal?!

1. When the person who proposes is not
determined to commit the felony!
2. When there is no decided, concrete and formal
proposal!
3. When it is not the execution of a felony that is
proposed!
Is it necessary that the person to whom the proposal

is made agrees to the felony?!
No. The law does not require that the proposal be
accepted by the person to whom proposal is made. If it
is accepted, it may be conspiracy.!
!
!
APPLICATION OF THE RPC TO CRIMES

PUNISHABLE BY SPECIAL LAWS!
Article 10
Are offenses punishable under special laws subject

to the provisions of the RPC? [Art. 10]!
General rule: Offenses which are or in the future may
be punishable under special laws are not subject to the
provisions of RPC!
!
!
!
Exception: RPC shall be supplementary to such

laws41!
Exception to the exception: unless the
special law specially provides that RPC
will not apply suppletorily!
What are the rules regarding stages of commission

under a special law?!
Attempted or frustrated stage of the execution of an
offense penalized by a special law is not punishable
unless the special law provides a penalty therefor.!
CIRCUMSTANCES AFFECTING CRIMINAL

LIABILITY
What are the circumstances that affect criminal

liability?!
1. Justifying circumstances!
2. Exempting circumstances!
3. Absolutory causes!
4. Mitigating circumstances!
5. Aggravating circumstances!
6. Alternative circumstances!
What is imputability?!
it is the quality by which an act may be ascribed to a
person as its author or owner.!
What is responsibility?!
It is the obligation of suffering and consequences of
crime.!
!
!
JUSTIFYING CIRCUMSTANCES!
Article 11
What are justifying circumstances?!

The act of the person is said to be in accordance with
law, so that such person is deemed not to have
transgressed the law and is free from both criminal and
civil liability.42!
!
!
!Check the table chart for the enumeration!!
What is the effect if there exists a justifying

circumstance?!
The person does not incur any criminal liability being
there is no crime committed, the act being justified.!
Who has the burden of proving the presence of any

of the justifying circumstances?!
It is incumbent upon the accused.!
!
!
EXEMPTING CIRCUMSTANCES AND OTHER

ABSOLUTORY CAUSES!
Article 12
What are exempting circumstances?!

These are grounds for exemption from punishment
because there is wanting in the agent of the crime any of
the conditions which make the act voluntary or negligent.!
37 Ex: Conspiracy and proposal to commit treason, coup detat, rebellion or insurrection, or conspiracy to commit sedition
38 Agreement presupposes meeting of the minds of two or more persons
39 It must be an agreement to act, effect, or bring about what has already been conceived and determined
40 Mere presence of a person at the scene of the crime does not make him a conspirator for conspiracy transcends companionship
41 Supplementary = supply what is lacking
42 However, avoidance of greater evil or injury will incur civil liability
What is the basis for the exemption from

punishment?!
Complete absence of intelligence, freedom of action, or
intent, or on the absence of negligence on the part of the
accused.!
Is there a crime committed under exempting

circumstance?!
Yes. One who acts by virtue of any of the exempting
circumstances commits a crime, although by the
complete absence of any of the conditions which
constitute free will or voluntariness of the act, no criminal
liability arise.!
!
!
What are mitigating circumstances?!

These are actions that, if present in the commission of
the crime, do not entirely free the actor from criminal
liability, but serve only to reduce the penalty.!
What are the classes of mitigating circumstances?!

1. Ordinary mitigating!
2. Privileged mitigating!
Distinguish ordinary from privileged mitigating

circumstances.!
Ordinary Mitigating
Those enumerated in
subsections 1-10
What are absolutory causes?!

Where the act committed is a crime but for reasons of
public policy and sentiment there is no penalty imposed.!
Privileged Mitigating
1.
2.
Enumerate the absolutory causes.!

a. Justifying circumstances!
b. Exempting circumstances!
c. Spontaneous desistance during attempted case!
d. Light felony is only attempted or frustrated, and
is not against persons or property!
e. Accessory is a relative of the principal!
f.
Legal grounds for arbitrary detention!
g. Legal grounds for trespass!
h. Crime of theft, swindling or malicious mischief is
committed against a relative!
i.
When only slight or less serious physical
injuries are inflicted by the person who
surprised his spouse or daughter in the act of
sexual intercourse with another person!
j.
Marriage of the offender with the offended party
when the crime committed is rape, abduction,
seduction or acts of lasciviousness!
k. Instigationbased on a sound public policy
requiring the courts to condemn this practice by
directing the acquittal of the accused!
Why is instigation an absolutory cause?!

The instigator, usually by public officers or private
detectives, practically induces the would-be accused into
the commission of the offense and he, himself, becomes
a co-principal!
What is entrapment?!
Ways and means are resolved to for the purpose of
trapping and capturing the lawbreaker in the execution of
his criminal plan. This is not an absolutory cause.!
What are complete defenses in criminal cases?!

1. Elements proved do not constitute any crime!
2. Act falls under any of the justifying or exempting
circumstances, or other absolutory causes!
3. Guilt of the accused is not established beyond
reasonable doubt!
4. Prescription of crimes!
5. Pardon by the offended party before the
institution of criminal action in crime against
chastity!
!
!!
MITIGATING CIRCUMSTANCES!
Article 13
3.
RA 9344 those
under 18 years of
age!
Crime committed is
not
wholly
excusable provided
that the majority of
such conditions be
present!
When there are 2 or
more mitigating
circumstances and
no aggravating
circumstances are
present
Susceptible of being C a n n o t b e o f f s e t b y
offset by any aggravating aggravating circumstance
circumstance
If there is no offset, it
produces only the effect
of applying the penalty
provided by law for the
crime in its minimum
period
!
!
Produces the effect of

imposing upon the offender
the penalty lower by one or
2 degrees than that
provided by law for the
crime
What are circumstances that are neither exempting

or mitigating?!
1. Mistake in the blow!
2. Mistake in the identity!
3. Entrapment of the accused!
4. Accused is over 18 years old!
5. Performance of a righteous action!
!
!
AGGRAVATING CIRCUMSTANCES!
Article 14
What are aggravating circumstances?!

These are actions that, if present in the commission of
the crime, serve to increase the penalty without
exceeding the maximum of the penalty provided by law
for the offense.!
What are factors that show greater perversity of the

offender?!
1. Motivating power itself!
2. Place of commission!
3. Means and ways employed!
4. Time!
5. Personal circumstances of the offender or
offended party!
What are the 4 kinds of aggravating circumstances?!

1. Generic it applies to all crimes!
2. Specific it applies to specific crimes only!
3. Qualifying it changes the nature of the crime!
4. Inherent those that must of necessity
accompany the commission of the crime!
Distinguish generic aggravating from qualifying

aggravating.!
Generic
Are there other relatives covered by the provision?!

Yes. These are stepfather or stepmother, and stepson or
stepdaughter!
What relationships are not included?!

Uncle and niece.!
When relationship is mitigating, exempting,
aggravating, or neither?!
Mitigating
Crimes against
property (Art. 332)!
a. Robbery!
b. Usurpation!
c. F r a u d u l e n t
insolvency!
d. Arson!
e. Trespass to
dwelling
Exempting
Crimes against
property (Art. 332)!
a. Theft!
b. Swindling!
c. M a l i c i o u s
mischief!
No criminal
liability incurred,
only civil liability!
Crimes against
persons!
a.
L e s s
serious
physical
injuries!
b.
S l i g h t
physical
injuries
Offended party
must be lower in
degree than the
offender
Qualifying
Those not offset by any It gives the crime its

mitigating circumstance will proper and exclusive
increase the penalty which name
should be imposed upon the
accused to the maximum
period
May be compensated by a Cannot be offset by a
mitigating circumstance
m i t i g a t i n g
circumstance
Must be alleged in the information because these are

not presumed
What aggravating circumstances that do not have

the effect of increasing the penalty?!
1. Those which in themselves constitute a crime
specially punishable by law!
2. Those which are included by the law in defining
a crime and prescribing the penalty therefor!
3. Those which are inherent in the crime!
What aggravating circumstances that are personal

to the offender?!
1. Those which arise from moral attributes of the
offender!
2. Those which arise from his private relations
with the offended party!
3. Those which arise from any other personal
cause!
!
!
!

ALTERNATIVE CIRCUMSTANCES!
Article 15
What are alternative circumstances? [Art. 15(1)]!

Alternative circumstances are those which must be
taken into consideration as aggravating or mitigating
according to the nature and effects of the crime and the
other conditions attending its commission.!
Enumerate the alternative circumstances. [Art. 15(1)]!

1. Relationship!
2. Intoxication!
3. Degree of instruction and education!
When are the alternative circumstances taken into

consideration? [Art. 15(2)]!
When the offended party is the (enumeration) of the
offender:!
1. Spouse!
2. Ascendant!
3. Descendant!
4. Legitimate, natural or adopted brother or sister!
5. Relative by affinity in the same degree!
Aggravating
Caused or
committed
mutually by
s p o u s e s ,
ascendants,
descendants, or
relatives by
affinity in the
same line,
brothers and
sisters, and
brothers-in-law
and sisters-inlaw, IF LIVING
TOGETHER
Crimes against
persons!
a. S e r i o u s
physical
injuries!
b. Homicide or
murder
Crimes against
persons!
a.
L e s s
serious
physical
injuries!
b.
S l i g h t
physical
injuries
Offended party
should
be
higher in degree
than
the
offender
Is there a presumption of lack of instruction?!

No. it must be proved positively and directly, and cannot
be based on mere deduction or inference.!
Crimes against
chastity!
a. Rape!
b. A c t s
of
lasciviousne
ss
N e i t h e r
mitigating
n
o
r
aggravating
a.
b.
c.
Parricide!
Adultery!
Concubinag
e
!
Relationship is
inseparable
from
and
inherent in the
offense
What is intoxication?!
It diminishes the agents capacity to know the injustice of
his acts and his will to act accordingly.!
What is state of intoxication?!
Offenders mental faculties must be affected by
drunkenness.!
When is intoxication a mitigating circumstance?

[Art. 15(3)]!
When the offender has committed a felony in a state of
intoxication if the same is not habitual or subsequent to
the plan to commit said felony.!
Thus, his exercise of will power is impaired by

intoxication which is!
a. Not habitual!
b. Not subsequent to the plant to commit a crime
or felony!
When is intoxication an aggravating circumstance?

[Art. 15(3)]!
When the intoxication is habitual or intentional.!
!
!
Thus, offender resorted to it in order to bolster his

courage to commit a crime.!
What is the presumption in case of intoxication?!
Intoxication is presume to be non-habitual or
unintentional.!
When is degree of instruction and education

mitigating, aggravating or neither?!
Mitigating
Low degree or lack of instruction is

mitigating in all crimes
Aggravating
a.
b.
N
o
Mitigating
t a.
b.
c.
d.
e.
f.
g.
h.
High degree of instruction and

education!
Offender avails and took
advantage of it in committing the
crime
Estafa!
Theft!
Robbery!
Arson!
Rape!
Adultery!
Treason!
Murder
What are the requisites of lack of instruction?!

Someone who has not received any instruction (both
must concur)!
a. Illiteracy!
b. Lack of sufficient intelligence!
PERSONS CRIMINALLY LIABLE FOR FELONIES!

Article 16
Who are criminally liable for grave and less grave

felonies? [Art. 16]!
a. Principals!
b. Accomplices!
c. Accessories!
Who are criminally liable for light felonies? [Art. 16]!

a. Principals!
b. Accomplices!
Who are parties in a crime?!

a. Active subject = criminal!
b. Passive subject = injured party!
Who can be active subjects?!

General rule: Only natural persons can be the subject of
crime!
!
!
Exception: Corporations may be held criminally

liable under Corporation Law, Public Service
Law, Securities Law, or Election Code!
Why are only natural persons can be active

subjects?!
1. RPC requires that the culprit should have acted
with personal malice or negligence!
2. A juridical person cannot commit a crime in
which a willful purpose or a malicious intent is
required!
3. There is substitution of deprivation of liberty for
pecuniary penalties in case of insolvency!
4. Other penalties consisting in imprisonment and
other deprivation of liberty can be executed only
against individuals!
!
!
!
Who can be passive subjects?!

General rule: living man, juridical entity, state!
Exception: Dead man can the a passive subject

under Defamation (Art. 353)!
PRINCIPALS!
Article 17
Who are principals? [Art. 17]!

1. Those who take a direct part in the execution of
the act!
2. Those who directly force or induce others to
commit it!
3. Those who cooperate in the commission of the
offense by another act without which it would
not have been accomplished!
What are the 3 kinds of principals?!
Principals by What are the requisites?!

D i r e c t
a. T w o o r m o r e p e r s o n s
Participation
participated in the criminal
(1)
resolution (conspiracy)!
b. They carried out their plan and
personally took part in its
execution by acts which
directly tended to the same
end!
When is there conspiracy?!

There must be intentional
participation with a view to the
furtherance of common design and
purpose!
When does conspiracy exist?!

At the very instant the plotters agree,
expressly or impliedly, to commit the
felony and forthwith decide to pursue
it.!
How conspiracy be established?!

It must be established by positive and
conclusive evidence.!
Is a formal agreement necessary?!

No, formal agreement or previous
acquaintance among the conspirators
necessary!
When is unity of purpose and
intention implied?!
a. Spontaneous agreement!
b. Active cooperation by all
offenders!
c. Contributing by positive acts
to the realization of a
common criminal intent!
d. P r e s e n c e d u r i n g t h e
commission of the crime by
a band and lending moral
support thereto!
e. Crime is committed by a
band!
What is the responsibility of the

conspirators?!
General rule: there is collective
criminal responsibility (the act of one
is the act of all)!
!
!
Exception: (a) parricide (b) murder

with treachery!
What is the responsibility of the
conspirators if conspiracy has not
been proven?!
Each of the offenders is liable only for
the act performed by him.!
What is the effect of the doctrine the

act of one is the act of all?!
Conspirator is liable for anothers
conspirators acts even if it differs
radically and substantially from that
which they intended to commit.!
Is conspiracy treated as an
aggravating circumstance?!
No, it is merely a manner of incurring
Principals by What is inducement?!

Induction (2) It comprises of price, promise of
reward, command and pacto.!
What are two ways of becoming

principal by induction?!
a. By directly forcing another to
commit a crime!
1. By using irresistible
force!
2. B y
causing
uncontrollable fear!
b. By directly inducing another
to commit a crime!
1. B y g i v i n g p r i c e , o r
offering reward or
promise!
2. B y u s i n g w o r d s o f
command!
What are the requisites?!

a. Inducement be made directly
with the intention of
procuring the commission of
the crime!
b. Such inducement be the
determining cause of the
commission of the crime by
the material executor!
What are the requisites for using

words of command as a moving
cause of the offense?!
a. One uttering the words of
command must have the
intention of procuring the
commission of the crime!
b. O n e w h o m a d e t h e
command must have an
ascendancy or influence
over the persons who acted!
Not necessary when

there is conspiracy!
c.
Words used must be so
direct, so efficacious, so
powerful as to amount to
physical or moral coercion!
d. Words of command must be
uttered prior to the
commission of the crime!
e. Material executor of the
crime has no personal
reason to commit the crime
Principals by What is cooperate?!

Indispensabl To desire or wish in common a thing.!
e
Cooperation What are the requisites?!
(3)
a.
Participation in the criminal
resolution!
b.
Cooperation in the
commission of the offense
by performing another act,
without which it would not
have been accomplished!
When should the principal participate

in the criminal resolution?!
Anterior to conspiracy or unity of
criminal purpose and intention
immediately before the commission of
the crime charged.!
What is the effect if the cooperation is

not indispensable?!
The offender would be deemed as
accomplice.
Discuss the collective criminal responsibility and

individual criminal responsibility.!
Principal by Principal by Principal by
Direct
Inducement Indispensable
Participation
Cooperation
Collective
Individual
!
!
Knows the criminal intention

after the principals have
reached the decision and only
agrees to cooperate in its
execution
When he concurs with the
criminal intention, he becomes
a principal
What are the requisites to be deemed as

accomplice?!
1. There be community of design where!
2. He cooperates in the execution of the offense
by previous or simultaneous acts!
3. His cooperation is made with the intention of
supplying material or moral aid in the execution
of the crime in an efficacious way!
How accomplices acquire knowledge of the criminal

design of the principal?!
a. When principal informs or tells the accomplice
of the formers criminal purpose!
b. When the accomplice saw the criminal acts of
the principal!
Distinguish accomplice from principal in general,

principal by cooperation and principal by direct
participation.!
Accomplice
In the absence of conspiracy, unity of

criminal purpose and intention
immediately before the commission of the
crime, or community of criminal design
ACCOMPLICES!
Article 18
Knows the criminal

intention because
they have decided
upon such course of
action
Principal by Direct
Participation
Principal by
Cooperation
Does not take

direct part in the
commission of
the act
Participation is
n
o
t
indispensable
Cooperation is
indispensable
There is community of criminal design
Who are accomplices? [Art. 18]!

Accomplices are those who, not being deemed
principals, cooperate in the execution of the offense by
previous or simultaneous acts.!
What is quasi-collective responsibility?!

Some of the offenders in the crime are principals and
others are accomplices.!
When should an accomplice participate?!

Participation of an accomplice presupposes the
commission of the crime by the principal by direct
participation.!
What is the rule when there is doubt whether one
participated as principal or accomplice?!
Participation of the offender will be considered that of an
accomplice rather than that of a principal.!
Distinguish accomplice from conspirator.!

Accomplice
Conspirator
Both know and agree with the criminal design
As to the acts performed, there is no

clear-cut distinction, that is why, in
case of doubt, it shall be presumed to
be acts of an accomplice
!
!
ACCESSORIES!
Article 19
Who are accessories? [Art. 19(1)]!

Accessories are those who, having knowledge of the
commission of the crime, and without having participated
therein, either as principals or accomplices, take part
subsequent to its commission.!
How do accessories participate? [Art.

19(enumeration)]!
1. By profiting themselves or assisting the
offender to profit by the effects of the crime!
2. By concealing or destroying the body of the
crime or the effects or instruments thereof, in
order to prevent its discovery!
3. By harboring, concealing, or assisting in the
escape of the principals of the crime, provided
the accessory acts with abuse of his public
functions or whenever the author of the crime is
guilty of treason, parricide, murder, or an

attempt to take the life of the Chief Executive,
or is known to be habitually guilty of some other
crime!
What are the two classes of accessories?!

1. Public officers who harbor, conceal or assist in
the escape of the principal of any crime, except
light felony, with abuse of his public functions43!
2. Private persons who harbor, conceal or assist in
the escape of author of the crime who is guilty
of!
a. Treason!
b. Parricide!
c. Murder!
d. Attempt against the life of the President!
e. Principal is known to be habitually guilty of
some other crime (the accomplice must
have knowledge of this fact)!
When is conviction of accessory possible despite

acquittal of the principal?!
When there is a finding that a crime was in fact
committed but the principal was not being held criminally
liable because of exempting circumstance.!
Is it important that principal be made criminally

liable before an accessory be convicted?!
No. Where commission of the crime and the
responsibility of the accused as an accessory are
established, the accessory can be convicted
notwithstanding the acquittal of the principal.!
Distinguish accessory from principal and

accomplice.!
a. Accessory does not take direct part or
cooperate in, or induce, the commission of the
crime!
b. Accessory does not cooperate in the
commission of the offense by acts either prior to
or simultaneous therewith!
c. Participation of the accessory in all cases
always takes place after the commission of the
crime!
Who are the accessories that are exempt from

criminal liability? [Art. 20]!
When the principal is the accessorys!
a. Spouse!
b. Ascendant!
c. Descendant!
d. Legitimate, natural or adopted brother, sister or
relative by affinity within the same degree!
When is an accessory not exempt despite the

presence of relationship? [Art. 20]!
1. Accessory profited by the effects of the crime!
2. Accessory assisted the offender to profit by the
effects of the crime!
!
!
PENALTIES
What is penalty?!
It is the suffering that is inflicted by the State for the
transgression of a law.!
What are the juridical conditions for penalty?!

a. Productive of suffering, without affecting the
integrity of the human personality!
b. Commensurate with the offense44!
c. Personal45!
d. Legal46!
e. Certain47!
f.
Equal for all!
g. Correctional!
What are the theories justifying penalty?!

a. Prevention48!
b. Self-defense49!
c. Reformation50!
d. Exemplarity51!
e. Justice52!
What are the three-fold purpose of penalty?!

a. Retribution or expiation53!
b. Correction or reformation54!
c. Social defense55!
What are some constitutional restrictions on

penalties?!
1. Excessive fines shall not be imposed!
2. Cruel and unusual punishment shall not be
inflicted56!
When may penalties be imposed? [Art. 21]!

No felony shall be punishable by any penalty not
prescribed by law prior to its commission.!
What are the rules with regard the retroactive effect

of penal laws? [Art. 22]!
Penal laws shall have a retroactive effect in so far as
they favor the person guilty of a felony, who is not a
habitual criminal, although at the time of the publication
of such laws a final sentence has been pronounced and
the convict is serving the same.!
43 Additional penalty to be imposed:!

a.
b.
Absolute perpetual disqualification, if the principal offender is guilty of a grave felony!

Absolute temporary disqualification, if the principal offender is guilty of less grave felony
44 Different crimes must be punished with different penalties

45 No one should be punished for the crime of another
46 It is the consequence of a judgment according to law
47 No one may escape its effects
48 To prevent or suppress the danger to the State arising from the criminal acts of the offender
49 Right to punish criminal as a measure of self-defense so as to protect society from the threat and wrong inflicted by the criminal
50 To correct and reform the offender
51 To serve as an example to deter others from committing crimes
52 An act of retributive justice, a vindication of absolute right and moral law violated by the criminal
53 The penalty is commensurate with the gravity of the offense
54 Regulate the execution of the penalties consisting in deprivation of liberty
55 Shown by its inflexible severity to recidivists and habitual delinquents
56 Cruel and unusual = disproportionate to the offense committed as to shock the moral sense of all reasonable men as to what is right and proper under the circumstances
When a favorable new statute may apply

retroactively?!
1. Crime has been committed and prosecution
begins!
2. Sentence has been passed but service has not
begun!
3. Sentence is being carried out!
When criminal liability under the repealed law

subsists?!
1. When provision of the former law are reenacted!
2. When the repeal is by implication!
3. When there is a saving clause!
What is the rule with regard repel of a penal law

which impliedly repealed an old penal law?!
It revives the prior penal law unless the language of the
repealing statute provides otherwise.!
What is the effect of pardon by the offended party?

[Art. 23]!
General rule: Pardon of the offended party does not
extinguish criminal action!
Exception: Pardon of a crime under Art. 344
(adultery and concubinage)!
How can civil liability be extinguished? [Art. 23]!

Civil liability with regard to the interest of the injured
party is extinguished by his express waiver!
When should pardon under Art. 344 be made?!

It shall be made before the institution of criminal
prosecution.!
Who may give pardon under Art. 344?!

a. In cases of adultery and concubinage, it is the
offended spouse and the pardon must extend to
both parties (the other spouse and the
paramour/concubine)!
b. In crimes of seduction, abduction, rape or acts
of lasciviousness, offended party or her
parents, grandparents or guardian!
!
!
!
What is the effect of pardon under Art. 344?!

Offended party cannot institute criminal action.!
How is criminal liability under Art. 344 extinguished?!
By marriage between offender and offended party.!
What are measures of prevention or safety which are
not considered penalties? [Art. 24]!
1. The arrest and temporary detention of accused
persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their
confinement in a hospital!
2. The commitment of a minor to any of the
institutions mentioned in Art. 80 and for the
purposes specified therein!
3. Suspension from the employment of public
office during the trial or in order to institute
proceedings!
4.
5.
!
!
Fines and other corrective measures which, in

the exercise of their administrative disciplinary
powers, superior officials may impose upon
their subordinates!
Deprivation of rights and the reparations which
the civil laws may establish in penal form!
CLASSIFICATION OF PENALTIES
What are principal penalties? [Art. 25]!

A. Principal Penalties57!
1. Capital Punishment!
i. Death!
2. Afflictive penalties!
i. Reclusion perpetua!
ii. Reclusion temporal!
iii. P e r p e t u a l 58 o r t e m p o r a r y a b s o l u t e
disqualification59!
iv. P e r p e t u a l o r t e m p o r a r y s p e c i a l
disqualification!
v. Prision mayor!
3. Correctional penalties!
i. Prision correccional! iii. Suspension!
ii. Arrestor mayor!
iv. Destierro!
4. Light penalties!
i. Arresto menor!
ii. Public censure!
5. Penalties common to the 3 preceding classes!
i. Fine!!
ii. Bond to keep the peace!
What are accessory penalties? [Art. 25]!
B. Accessory Penalties60!
1. Perpetual or temporary absolute disqualification!
2. Perpetual or temporary special disqualification!
3. Suspension from public office, the right to vote
and be voted for, the profession or calling!
4. Civil interdiction!
5. Indemnification!
6. Forfeiture or confiscation of instruments and
proceeds of the offense!
7. Payment of cost!
When is fine afflictive, correctional or light penalty?

[Art. 26]!
A fine, whether imposed as a single or as an alternative
penalty, shall be considered an!
1. Afflictive penaltyexceeds 6,000 pesos!
2. Correctional penalty200 to 6,000 pesos!
3. Light penaltyless than 200 pesos!
!
!
DURATION AND EFFECT OF PENALTIES
What is the duration of each penalties? [Art. 27] and

the other accessory penalties that are inherent in
each penalty? [Arts. 40-44]!
57 Those which are expressly imposed by the court in the judgment of conviction
58 Perpetual absolute disqualification is effective during the lifetime of the convict and even after the service of the sentence
59 Temporary absolute disqualification lasts during the term of the sentence and is removed after the service of the sentence!
60 Those that are deemed included in the imposition of the principal penalties
Death
When it is not
executed by reason
of commutation or
pardon, it shall carry!
a. P e r p e t u a l
a b s o l u t e
disqualification!
b. C i v i l
interdiction for
30 years
R e c l u s i o n 20 years and 1 a.
perpetua
day TO 40
years
b.
R e c l u s i o n 12 years and 1
temporal
day TO 20
years
Prision mayor
a
n
d
Te m p o r a r y
Disqualificatio
n
P r i s i o n 6 months and
correccional, 1 day TO 6
S u s p e n s i o n , years!
and Destierro
Except when
suspension is
imposed as an
accessory
p e n a l t y, i n
which case, its
duration shall
be that of the
principal
penalty
Prision correccional
shall carry!
a.
Suspension
from public
o f fi c e ,
profession, or
calling!
b.
Perpetual
s p e c i a l
disqualification
from suffrage !
Arresto mayor
a.
1 month and 1
day TO 6
months
If the duration of
imprisonment
exceeds 18 months
b.
1 day TO 30
days
Suspension of
the right to
hold office!
Suspension of
b.
!
!
Suspension of
the right of
suffrage!
During the term of

the sentence!
Other rules:!
Absolute pardon for
any crime for which
1 year imprisonment
or more was meted
out restores the
prisoner of his
political rights!
Perpetual
a b s o l u t e
disqualification !
C i v i l
interdiction for
life or during
the period of
the sentence
as the case
may be
6 years and 1 Prision mayor shall

d a y T O 1 2 carry!
years!
a. T e m p o r a r y
a b s o l u t e
Except when
disqualification!
t
h
e b. P e r p e t u a l
disqualification
s p e c i a l
is imposed as
disqualification
an accessory
from suffrage!
p e n a l t y, i n
which case, its
duration is that
of the principal
penalty
Arresto menor
Where the penalty is

less than 1 year,
disqualification does
not attach, except
when the crime is
committed against
property
Bond to keep Period during
the peace
which the bond
shall
be
effective is
discretionary
on the court
What is the rule in case accessory penalties are

expressly remitted in the pardon? [Arts. 40-44]!
It will not be imposed.!
!
!
Should accessory penalty be expressly imposed?!

No, the are deemed imposed.!
In what cases is Destierro being imposed?!
1. Art. 247Serious physical injuries or death
under exceptional circumstances!
2. Art. 284in case of failure to give bond for good
behavior!
3. Art. 334as a penalty for the concubine in
concubinage!
4. In cases where after reducing the penalty by one
or more degrees Destierro is the proper penalty!
What are the rules in computing the penalties? [Art.

28]!
1. When the offender is in prisonthe duration of
the temporary penalties is from the day on
which the judgment of conviction becomes final!
2. When the offender is not in prisonthe duration
of the penalty consisting of deprivation of
liberty, is from the day that the offender is
placed at the disposal of the judicial authorities
for the enforcement of the penalty!
3. The duration of the other penaltiesfrom the
day on which the offender commences to serve
his sentence!
What is the rule if it is on appeal?!

His service of sentence should commence from the date
of the promulgation of the decision of the appellate court!
What are the rules in cases of temporary

penalties61?!
a. If offender is under detentionRule 1 applies!
b. If not under detentionRule 3 applies!
What are the rules in cases of deprivation of

liberty62?!
a. When offender is not in prisonRule 2 applies!
b. I f o f f e n d e r i s u n d e r g o i n g p r e v e n t i v e
imprisonmentRule 3 applies!
When is there preventive imprisonment?!

The accused undergoes preventive imprisonment when
the offense charged is non-bailable, or even if bailable,
he cannot furnish the required bail.!
Is a detention prisoner allowed to deduct the time of

his/her preventive imprisonment from the term of
his/her imprisonment? [Art. 29(1)]!
General rule: Yes if the detention prisoner agrees
voluntarily in writing to abide by the same disciplinary
rules imposed upon convicted prisoners!
Exception:!
a. When they are recidivists, or have been
convicted previously twice or more times of any
crime!
b. When upon being summoned for the execution
of their sentence, they have failed to surrender
voluntarily!
What is the rule when the detention prisoner did not

agree to abide by the same disciplinary rules
imposed upon convicted persons? [Art. 29(2)]63!
He/she is still allowed to deduct the time of his/her
preventive imprisonment from the term of his/her
imprisonment but only to the extent of 4/5 of the time
during which he/she has undergone preventive
imprisonment.!
What is the rule when an accused has undergone

preventive imprisonment for a period equal to or
more than the possible maximum period of
imprisonment for the offense charged to which he
may be sentenced and his case is not yet
terminated? [Art. 29(3)]!
He shall be released immediately without prejudice to
the continuation of the trial thereof or the proceeding on
appeal!
What is the rule if the maximum penalty to which the

accused may be sentenced is destierro? [Art. 29(3)]!
He shall be released after 30 days of preventive
imprisonment.!
In what cases will the accused be released

immediately by virtue of undergoing a preventive
imprisonment?!
1. If the penalty imposed after trial is less than the
full time or 4/5 of the time of the preventive
imprisonment!
2.
Whenever the accused has undergone preventive

imprisonment for a period equal to or more than
the possible maximum imprisonment for the
offense charged!
Will the trial be dismissed in cases of immediate

release?!
No, the trial of the case will still continue.!
!
!
!
EFFECTS OF PENALTIES
!Check the table chart for the Articles 30 - 36!!
What are the limitations on the exercise of the

pardoning power?!
1. Power can be exercised only after conviction!
2. Such power does not extend to cases of
impeachment!
Does pardon granted in general terms include

accessory penalty?!
General rule: No!
!
!
!
Exception: when an absolute pardon is granted

after the term of imprisonment has expired, it
removes all that is left of the consequences of
conviction!
Exception to the Exception: Pardon
after serving 30 years does not remove
perpetual absolute disqualification!
Who may exercise pardon and what are its effects?!

Chief Executive
Offended Party
Extinguishes the criminal

liability of the offender
C a n n o t i n c l u d e c i v i l Can waive the civil liability
liability which the offender which the offender must
must pay
pay
Granted only after
conviction and may be
extended to any of the
offenders
Should be given before

the institution of criminal
prosecution and must be
extended to both
offenders
What are costs?!

Expenses of litigation that are chargeable to the accused
in case of conviction.!
In case of acquittal, to whom will the costs be

chargeable?!
Each party shall bear his/her expenses.!
What are included in the costs? [Art. 37]!

Costs shall include fees and indemnities in the course of
judicial proceedings, whether they be fixed or
61 The following are temporary penalties:!

a.
b.
c.
Temporary absolute disqualification!

Temporary special disqualification!
Suspension
62 The following are deprivation of liberty:!

a.
b.
Imprisonment!
Destierro
63 If he agrees, deduction will be full time during which he underwent preventive suspension. If he does not agree, only up to 4/5 of the time during which he was under preventive
imprisonment.
unalterable amounts previously determined by law or

regulations in force, or amounts not subject to schedule.!
!Check Duration and Effects of Penalties on Page 13!!
!!
What are pecuniary liabilities of the offender? [Art.

38]64!
1. Reparation of the damage caused!
2. Indemnification of the consequential damages!
3. Fine!
4. Costs of the proceedings!
When will the order of payment of pecuniary
liabilities be imposed? [Art. 38]!
In case the property of the offender should not be
sufficient for the payment of all his pecuniary liabilities.!
What is subsidiary penalty? [Art. 39]!

A personal liability to be suffered by the convict who has
no property with which to meet the fine.!
!
!
Other than accessory penalties, what else is deemed

imposed? [Art. 45(1)]!
Every penalty imposed for the commission of a felony
shall carry with it forfeiture of the proceeds of the crime
and the instruments or tools with which it was
committed.!
What happens to the confiscated and forfeited
articles? [Art. 45(2)]!
General rule: it will be confiscated and forfeited in favor
of the Government!
What is the rate of subsidiary penalty? [Art. 39]!

1 day = 8 pesos!
What are the rules to be followed in case of
subsidiary penalty? [Art. 39]!
If the principal penalty imposed is!
a. Prision correctional or arresto and finehe
shall remain under confinement until his fine is
satisfied, but his subsidiary imprisonment shall!
i.
not exceed 1/3 of the term of the
sentence!
ii.
not continue for more than 1 year!
iii.
no fraction or part of a day shall be
counted against the prisoner!
b. Only finethe subsidiary imprisonment shall!
i.
not exceed 6 monthsif the culprit
shall have been prosecuted for a grave
or less grave felony!
ii.
not exceed 15 dayslight felony!
c. Higher than prision correctionalno subsidiary
imprisonment shall be imposed upon the culprit!
d. Not be executed by confinement in a penal
institution, but such penalty is of fixed duration
the culprit shall continue to suffer the same
deprivations as those of which the principal
penalty consists under paragraphs (a), (b), and
(c)!
e. The subsidiary personal liability which the
convict may have suffered by reason of his
insolvency shall not relieve him from the fine in
case his financial circumstances should
improve!
In what instances is subsidiary penalty not

applicable? [Art. 39]!
There is no subsidiary penalty for non-payment of!
a. Reparation of the damage caused!
b. Indemnification of consequential damages!
c. Costs of the proceedings!
When will subsidiary penalty be imposed?!

Only when the judgment of conviction imposes
subsidiary imprisonment.!
PENALTIES IN WHICH OTHER ACCESSORY

PENALTIES ARE INHERENT
64 The order of payment must be observed.
Exception: when the confiscated and forfeited

property is property of a third person not liable
for the offense!
Exception to the exception: articles
which are not subject of lawful
commerce shall be destroyed!
!
!
APPLICATION OF PENALTIES
To whom and will penalties be imposed? [Art. 46(1)]!

The penalty prescribed by law for the commission of a
felony shall be imposed upon the principals in the
commission of such felony.!
To what stage of felony will penalties be imposed?

[Art. 46(2)]!
Whenever the law prescribes a penalty for a felony in
general terms, it shall be understood as applicable to the
consummated felony.!
In what cases shall death penalty be not imposed?

[Art. 47(1)]!
1. When the guilty person is below 18 years of
age at the time of the commission of the crime!
2. When the guilty person is more than 70 years of
age!
3. When upon appeal or automatic review of the
case by the Supreme Court, the vote of 8
members is not obtained for the imposition of
death penalty!
What is the effect when death penalty is imposed by

the trial court? [Art. 47(2)]!
a. Records shall be forwarded to the Supreme
Court (now Court of Appeals) for automatic
review!
b. Transcript shall be forwarded within 10 days
after the filing thereof by the stenographic
reporter!
c. Court en banc shall make judgment within 20
days but not earlier than 15 days after
promulgation of the judgment or notice of denial
of any motion for new trial or reconsideration!
In what crimes is death penalty imposed?!

a. Treason!
i. Robbery with homicide!
b. Piracy! !
j. Destructive arson!
c. Qualified piracy!
k. Rape with homicide!
d. Qualified briberyl. Plunder!
e. Parricide!
m. Dangerous Drugs Act!
f.
Murder!!
n. Carnapping!
!
!
g.
h.
Infanticide !
Kidnapping and serious detention!
COMPLEX CRIMES!
Article 48
What is a complex crime? [Art. 48]!

1. When a single act constitutes two or more
grave or less grave felonies Compound crime!
2. When an offense is a necessary means for
committing the other Complex crime proper!
What penalty will be imposed in case of complex

crimes? [Art. 48]!
The penalty for the most serious crime in its maximum
period shall be imposed.!
What are the requisites for compound crime?!

1. Only a single act is performed by the offender!
2. That single act produces!
a. Two or more grave felonies!
b. One or more grave and one or more less
grave felonies!
c. Two or more less grave felonies!
!!
!
When is Art. 48 applied?!

It is applied only to cases where the RPC does not
provide a definite specific penalty for a complex crime.!
!
!
What is Special Complex Crime?65!

RPC provides a single penalty for complex crime.!
What are the requisites for Complex Crime Proper?!
1. At least two offenses are committed!
2. One or some of the offenses must be
necessary, need not be indispensable, to
commit the other!
3. Both or all the offenses must be punished under
the same statute!
When is there no complex crime?!

a. When one offense is committed to conceal the
other!
b. Where one of the offense is penalized by special
law!
Which court has jurisdiction over complex crimes?!

When two crimes produced by a single act are
respectively within the exclusive jurisdiction of two courts
of different jurisdiction, the court of higher jurisdiction
shall try the complex crime.!
What are the two kinds of plurality of crimes?!

a. Formal or ideal66!
b. Real or material67!
What are continued (continuous or continuing)

crime?!
It is a single crime, consisting of series of acts but all
arising from one criminal resolution.!
!
!
What is the penalty to be imposed upon the

principals when the crime committed is different
from that intended? [Art. 49]!
If the penalty prescribed for the felony committed!
a. Be higher than the penalty for the offense which
the accused intended to committhe lower
penalty shall be imposed in its maximum period!
b. Be lower than the penalty for the offense which
the accused intended to committhe lower
penalty shall be imposed in its maximum period!
c. If the act committed also constitutes attempt or
frustrations of another crime, and the law
prescribes a higher penalty for either of the
latterthe penalty for the attempted or
frustrated crime shall be imposed in its
maximum period!
When is Art. 49 applied?!

It applies only when there is a mistake in the identity of
the victim, and the penalty for the crime is different from
that for the crime intended to be committed.!
When Art. 49 does not apply?!
1. Mistake in the blowaberratio ictus !
2. Where a more serious consequence not
intended by the offender befalls the same
personpraeter intentionem!
!
!
PENALTIES IMPOSED UPON OFFENDER UNDER

DIFFERENT STAGES OF CRIME!
Articles 50-57
Penalty lower in degree than that prescribed by law

shall be imposed.!
Consummate
d
Frustrated
Attempted
Principals
Accomplice
s
Accessories
What penalty shall be imposed in case of complex

crimes?!
When two felonies constituting a complex crime are
punishable by imprisonment and fine, respectively, only
the penalty of imprisonment should be imposed.!
What is plurality of crimes?!

It is the successive execution by the same individual of
different criminal acts upon any of which no conviction
has yet been declared.!
CRIME COMMITTED IS DIFFERENT FROM THAT

INTENDED !
Article 49
When are Articles 50-57 not applicable? [Art. 60]!

It shall not apply to cases where the law expressly
prescribes the penalty for a frustrated or attempted
felony, or to be imposed upon accomplices or
accessories!
65 Ex: Robbery with homicide, Robbery with rape, Kidnapping with serious physical injuries, Kidnapping with murder or homicide, Rape with homicide
66 There is but one criminal liability (Art. 48)
67 There are different crimes in law as well as in the conscience of the offender
What are the bases for the determination of the

extent of penalty to be imposed?!
1. The stage reached by the crime in its
development!
2. The participations therein of the persons liable!
3. The aggravating or mitigating circumstances
which attended the commission of the crime!
!
!
What is a period?!
One of 3 equal portions called minimum, medium, and
maximum of a divisible penalty.!
RULES FOR GRADUATING PENALTIES!

Article 61
What are the rules with regard graduation of

penalties? [Art. 61]!
1. When the penalty is single and indivisible, or
single and divisible penalty to be imposed to
their full extent the penalty immediately
following said penalty is the next lower in
degree!
2. When the penalty is composed of two indivisible
penalties, or of two divisible penalties to be
imposed to their full extent the penalty
immediately following the lesser penalty is the
penalty lower in degree!
3. When the penalty is composed of two indivisible
penalties and the maximum period of a divisible
penalty penalty next lower is composed of the
medium and minimum periods of reclusion
temporal and the maximum of prision mayor!
4. I f t h e p e n a l t y c o n s i s t s i n 3 p e r i o d s
corresponding to different divisible penalties
penalty next lower in degree is the three
periods down the scale!
5. If the penalty consists in 2 periods penalty
next lower in degree is two periods down the
scale!
6. If the penalty consists in only one period
penalty next lower in degree is the next period
down the scale!
!
!
!
!
!
By the marriage of the No

offended woman in Art.
344
Does extinction of criminal liability carry with it the

extinction of civil liability? No.!
What is the effect of death when it occurred before
or after judgment? [Art. 89]!
What is a degree?!
One entire penalty.!
7.
!From Article 62-88 READ CODAL!!

EXTINCTION OF CRIMINAL LIABILITY
How is criminal liability totally extinguished? [Art.

89]!
Does it extinguish
civil liability?
1.
By death of the convict
It depends
2.
By service of the sentence
No
3.
By amnesty
No
4.
By absolute pardon
No
5.
By prescription of the crime No
6.
By prescription of the No
penalty
Before judgment
After final
judgment
C r i m i n a l Extinguished
liability
Extinguished
Civil liability
Not extinguished
What is the effect of death when it occurred pending

appeal?!
C r i m i n a l
liability
Civil liability
G e n e r a l Extinguished
rule
Extinguished based
solely on the offense
committed
Exception
Predicated on a source
of obligation other than
delict
What is the effect of the death of the offended party?!

It does not extinguish the criminal liability of the offender
because the offense is committed against the State.!
Distinguish amnesty from pardon.!

Amnesty
Pardon
A blanket pardon to classes Includes any crime and

of persons who may be guilty i s
exercised
of political offenses
individually by the
President
May be exercised even Exercised when the
before trial or investigation is p e r s o n i s a l r e a d y
had
convicted
L o o k s b a c k w a r d a n d Looks forward and
abolishes and puts into relieves the offender
oblivion the offense itself
from the consequences
of an offense of which
he was convicted
Person released by amnesty
stands before the law
precisely as though he had
committed no offense
Does not work the

restoration of the rights
to hold office, suffrage,
unless such rights be
expressly restored by
the terms of the pardon
Do not extinguish civil liability

A proclamation of the
President with the
concurrence of Congress, is
a public act of which the
courts should take judicial
notice
A private act of the

President which must
be pleaded and proved
by the person
pardoned
PRESCRIPTION OF CRIMES!
Article 90
Starts to 1.
run
What period will crimes prescribe? [Art. 90]68!

Penalty
Fine
Prescription
period
Death, reclusion
perpetua, reclusion
temporal
Afflictive penalties
Correctional
penalty
20 years
Over P6,000
15 years
P200 to
P6,000
10 years
Arresto mayor
5 years
Libel or other
similar offenses
1 year
Oral defamation
and grave slander
by deed
6 months
Light offenses and

simple slander
Less than
P200
2 months
Prescriptive periods of offenses punished under

special laws and municipal ordinances.!
Penalty
Prescriptive
Period
Fine only or imprisonment for not

more than 1 month, or both
1 year
Imprisonment for more than 1

month but less than 2 years
4 years
Imprisonment for 2 years or

more but less than 6 years
8 years
Imprisonment for 6 years or

more
12 years
Offenses under NIRC
5 years
Violation of municipal ordinances
2 months
V i o l a t i o n o f c e r t i fi c a t e o f
convenience
Distinguish prescription of crimes from prescription

of penalties.!
Prescription of Crimes
2.
It is the penalty prescribed It is the penalty imposed

by law
by the court
Commencement and interruption of the prescriptive

period.!
Prescription of
Crimes
Prescription of
Penalties
It will start to run

from the date when
the culprit evaded
the service of his
sentence [Art. 93]
Interrupt When proceedings When the defendant

are instituted against [Art. 93]!
the guilty person. a. Gives himself
[Art. 91]
up!
b. Be captured!
c. G o e s t o a
foreign country
w i t h o u t
extradition
treaty!
d. C o m m i t s
another crime
b e f o r e
expiration of
period
of
prescription!
e. Acceptance of
a conditional
pardon
Starts to It shall begin to run
r u n again
if
the
again
proceedings are [Art.
91]!
a. T e r m i n a t e d
without the
accused being
convicted or
acquitted!
b. U n j u s t i fi a b l y
stopped for any
reason not
imputable to the
offender
Not run
1.
Prescription of Penalties
Both have the same period
It will start to run

from the day
when the crime
is discovered by
the offended
party, authorities
or their agents
[Art. 91]!
It will commence
to run from the
date
of
commission if it
is known at the
time of its
commission
!
!
2.
When the escaped

convict has been
captured and
returned to prison
Offender is
absent from the
Philippines [Art.
91(2)]!
Continuing crime
PARTIAL EXTINCTION OF CRIMINAL LIABILITY!

Article 94
How is criminal liability partially extinguished? [Art.

94]!
1. By conditional pardon!
2. By commutation of the sentence!
68 When the penalty fixed by law is a compound one, the highest penalty shall be made the basis thereof.
3.
4.
For good conduct allowances which the culprit

may earn while he is serving his sentence69!
Parole70!
What is the nature of conditional pardon?!

Once delivered and accepted, it is considered as
contract between the State and the convict that the
former will release the latter upon compliance with the
condition.!
What is commutation of sentence?!

It is a change in the decision of the court by the
President by reducing the degree of the penalty inflicted
upon the convict, or by decreasing the length of the
imprisonment or the amount of fine.71!
What is the effect of commutation of sentence? [Art.

96]!
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.!
What are some cases where commutation is

provided for by the RPC?!
1. Convict sentenced to death is over 70 years of age!
2. When 8 Justices of the Supreme Court fail to reach
a decision for the affirmance of the death penalty!
How to compute allowances for good conduct? [Art.

97]!
Duration of imprisonment
Deduction
First 2 years
5 days for each month

of good behavior
3rd to 5
8 days for each month
6th to 10
10 days for each

month
11th
years
15 days for each

month
Special allowance for loyalty 1/5 of the original

[Art. 98]
sentence
Who grants time allowance for good conduct? [Art.

99]!
Director of Prisons, and once granted, it shall not be
revoked.!
!
!
CIVIL LIABILITY
When civil liability will be imposed? !

General rule: Every person criminally liable for a felony
is also civilly liable. [Art. 100]!
!
!
Exceptions:!
a. Treason!
b. Rebellion!
c. Espionage!
What are the civil liability under the RPC includes?

[Art. 104]!
69 Not available to a convict who is released under conditional pardon.

70 Commentary.
71 Consent is not necessary.
1.
2.
3.
Restitution!
Reparation of the damage caused!
Indemnification for consequential damages!
What are the damages that may be recovered in

criminal cases?!
1. Crimes against propertydamages based on
the price of the thing and its special sentimental
value to the injured party may be recovered, if
the thing itself cannot be restored!
2. Crimes against personsthe injured party is
entitled to be paid for whatever he spent for the
treatment of his wounds, doctors fees, and for
medicine, as well as the salary or wages
unearned by him because of his inability to
work due to his injuries (crime of physical
injuries)!
3. Damages for loss or impairment of earning
capacity in cases of temporary or permanent
personal injury!
4. Moral damages may be recovered in a criminal
offense resulting in!
a. Physical injuries!
!
b. Crimes of Seduction, Abduction, and
other lascivious acts!
c. Rapemay be additionally awarded to
the victim, without need for pleading or
proof of the basis thereof!
d. Adultery or concubinage!
e. Illegal or arbitrary detention or arrest!
f.
Illegal search!
g. Libel!
h. S l a n d e r, o r a n y o t h e r f o r m o f
defamation!
i.
Malicious prosecution!
5. Exemplary damages may be imposed when the
crime was committed with one or more
aggravating circumstances!
6. Damages for death caused by a crime have
been raised to P50 000, and in addition!
a. For the loss of the earning capacity of
the deceased!
b. Liable to give support if the deceased
was obliged to give support to one not
an heir of the deceased!
c. Pay moral damages for mental anguish
to the spouse, legitimate and
illegitimate descendants and
ascendants!
When may civil liability exist even though the

accused is not held criminally liable?!
1. Acquittal on reasonable doubt!
2. Acquittal from a cause of non-imputabilityArt.
101 (exemptions from criminal liability)!
3. Acquittal in the criminal action for negligence!
4. When there is only civil liability!
5. In cases of independent civil actions!
How civil action arising from crime be prosecuted?!

1. When a criminal action is instituted, the civil
action for recovery of civil liability arising from
the offense charged shall be deemed instituted
unless the offended party!
a. waives the civil action!
b.
c.
2.
reserves the right to institute it separately!

institutes the civil action prior to the criminal
action!
The criminal action for violation of BP 22 shall
be deemed to include the corresponding civil
action and no reservation to file such shall be
allowed!
Instances when civil action may proceed

independently.!
In the cases provided for in Arts. 32, 33, 34 and 2176 of
the Civil Code and shall require only a preponderance of
evidence. !
When is separate civil action suspended?!

1. After the criminal action has commenced!
2. If the criminal action is filed after the civil action
has already been instituted!
Subsidiary civil liability of innkeepers, tavernkeepers

and proprietors of establishments and other
persons. [Arts. 102 and 103] READ CODAL!!
Court shall determine the amount of damage, taking into

consideration the price of the thing, whenever possible,
and its special sentimental value to the injured party.!
When is reparation not available?!

If there is no evidence as to the value of the thing
unrecovered.!
!
!
When is indemnity available?!

Remedy granted to victims of crimes against persons.!
What indemnity covers? [Art. 107]!
Indemnification for consequential damages shall include
not only those caused the injured party, but also those
suffered by his family or by a third person by reason of
the crime.!
Amount of civil indemnity recoverable.!

P25,000
Temperate damages in rape with homicide
P50,000
Mandatory indemnity ex-delicto in rape
P75,000
1.
Distinguish civil liability from pecuniary liability.!

Civil liability
Include reparation of the damage caused and

indemnification for consequential damages
Includes restitution
There is nothing to pay in Liabilities to be paid
t e r m s o f m o n e y a s t h e out of the property of
property unlawfully taken is the offender
returned
2.
Pecuniary liability
Crimes where death penalty may be

imposed!
Moral damages in rape with homicide
P100,000 Civil indemnity and Exemplary damages in

rape with homicide
How is indemnity for Lost Earnings computed?72!

Net earning capacity = Life expectancy73 x (Gross
annual income living expenses74)!
!
!
!READ CODAL for Articles 108-113!!
I n c l u d e s fi n e a n d
costs of proceedings
When is restitution made? [Art. 105(1)]!

The restitution of the thing itself must be made whenever
possible, with allowance for any deterioration, or
diminution of value as determined by the court.!
What shall be restored? [Art. 105(2)]!

The thing itself shall be restored, even though it be found
in the possession of a third person who has acquired it
by lawful means, saving to the latter his action against
the proper person, who may be liable to him.!
!!
!
When restitution is not available? [Art. 105(3)]!

Not applicable in cases in which the thing has been
acquired by the third person in the manner and under
the requirements which, by law, bar an action for its
recovery.!
When is reparation available?!

For crimes against property and will be ordered by the
court only when restitution is not possible.!
How reparation is determined? [Art. 106]!
72 To be compensated for loss of earning capacity, it is not necessary that the victim, at the time of the injury or death, is gainfully employed
73 2/3 x (80 age of the deceased at the time of death)
74 In the absence of proof, it is estimated to be 50% of the gross annual income

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!

What is Criminal Law?!

What are the sources of Philippine Criminal Law?!

Does Philippines recognize Common Law Crimes?!

Who has the authority or power to define and punish

What are the Constitutional Limitations on the power

What is an ex post facto law?!

Constitutional and Statutory rights of the accused.!

What is a bill of attainder?!

What are the characteristics of Criminal Law?!

What are the exceptions to the General character of

Article 2 of RPC except those provided in

What are the exceptions to the Territorial application

What are the exceptions to the Prospective

What are the effects when a penal law is repealed?!

What is Self-Repealing law and its effects?!

When did the Revised Penal Code take effect?!

What are the two theories in Criminal Law?!

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Exception: those provided in treaties and laws

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This applies to Art 163 (any

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It is the registration which makes

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Which court has jurisdiction over crimes punishable

What are the rules regarding crimes committed on

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What are the rules with regard offenses committed

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What are Felonies as defined in Art. 3 RPC?!

Felonies are committed not only by means of deceit7

What is act in relation to felonies?!

What is omission in relation to felonies?!

What is punishable by law in relation to felonies?!

Committed by means of Committed by means of

What are the rules as to jurisdiction over crimes

T h e o f f e n d e r , i n The injury caused is

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What are the reasons why the act or omission in

What are the requisites of Dolo or Malice?!

How is intent shown?!

Is there an exception to the presumption of criminal

What is the effect of Ignorance of the Law?!

What are the requisites of Mistake of Fact as a

Mistake must be without fault or carelessness

What are the requisites of Culpa or Fault?!

Will a person who caused damage or injury to

What is the third class of crimes?!

What is the reason why criminal intent is not

Are good faith and absence of criminal intent valid

Distinguish Mala in se and Mala prohibita.!

Wrongful from their very Wrong merely because it

Only inquiry is: has the

R e f e r s g e n e r a l l y t o Refers generally to acts

Distinguish Intent from Motive.!

P u r p o s e t o u s e a Moving power which impels

What are the rules with regard to Motive for

How Motive should be proved?!

Is motive alone sufficient to support a conviction? !

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What are the requisites to incur criminal liability

When is there no felony committed?!