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CRIMINAL LAW I
A. DEFINITION
Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides for their
punishment.
US v. Pablo (1916)
Facts: Pablo, a policeman, arrested Dato who was found in a vacant lot where a jueteng game was conducted. He
presented a memorandum to his chief claiming that he saw Malicsi and Rodrigo leaving the area. However, during the trial,
he changed his statement and claimed that he did not see Malicsi nor Rodrigo leaving the area. As a result, the two
accused were acquitted. Pablo was charged with the crime of perjury and was convicted under Act. No. 1697. It was
claimed that the Act repealed the provisions of the Penal Code relative to perjury, and the last provision of the
Administrative Code repealed the Act, thus, there is no penal sanction for the crime of false testimony or perjury.
Held: Notwithstanding that the Act no. 1697 has been interpreted by this court in its decisions to have repealed
provisions of the Penal Code relating to false testimony, it did not expressly repeal the pertinent provisions of the RPC.
Also, the Administrative Code, in totally repealing Act no. 1697, did not expressly repeal the said articles of the Penal
Code. Hence, the provisions of the Penal Code relative to perjury remain in force. The reason behind such interpretation is
that crimes should not go unpunished or be freely committed without punishment of any kind.
In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy
the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to
have a speedy, impartial and public trial, to meet the witnesses face to face, and to gave compulsory process to secure the
attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is
unjustifiable.
Sec. 18. No person shall be detained solely by reason of his political beliefs and aspirations.
No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have
been duly convicted.
Sec. 19. Excessive fines shall not be imposed, nor cruel degrading or inhuman punishment inflicted. Neither shall
death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it.
Any death penalty already imposed shall be reduced to reclusion perpetua.
The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use
of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.
Sec. 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Sec. 22. No ex post facto law or bill of attainder shall be enacted.
PENOLOGICAL OBJECTIVES
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a. Prevention This assumes that man has a tendency to commit crime and punishing offenders will prevent
them from doing so again. Suppression can only be made possible through penal jurisprudence.
b. Deterrence/Exemplarity This assumes that man is endowed with free will and of his awareness of the
sanctions against crimes and his fear of such. Especially if there is:
1. Certainty
- that all crimes will be punished.
2. Celerity
that punishment will come swiftly
3. Severity
that punishment is proportionate
to his crime.
It is also assumed that punishing the offender with cruel and conspicuous penalties will make an example of him
to deter others from doing the same in the future.
c. Self-Defense This is probably a conclusion reached by the social contract theorists who hold that there is an
unwritten contract between men and their society where individuals agree to give up certain rights in exchange for the
protection and benefits offered by a community. If individuals violate this contract, then the society, through the State,
has the right to enforce its laws and protect its own existence.
d. Reformation This assumes that punishment is capable of changing/rehabilitating individuals.
e. Retribution This rests on the basic premise that justice must be done: the offender shall not go
unpunished. This belongs to that which maintains that punishment is inherent in the very nature of a crime and is thus its
necessary consequence.
C. BASIC PRINCIPLES
Criminal law has three main characteristics: 1) general, 2) territorial, and 3) prospective.
General Rule: The jurisdiction of the civil courts is not affected by the military character of the accused.
Civil courts have concurrent jurisdiction with general court-martial over soldiers of the Armed Forces of the Philippines
even in times of war, provided that in the place of the commission of the crime no hostilities are in progress and civil
courts are functioning.
When the military court takes cognizance of the case involving a person subject to military law, the Articles of War apply,
not the RPC or other penal laws.
The prosecution of an accused before a court-martial is a bar to another prosecution of the accused for the same offense.
Offenders accused of war crimes are triable by military commission. A military commission has jurisdiction even if actual
hostilities have ceased as long as a technical state of war continues.
An example of a treaty or treat stipulation is the Bases Agreement entered into by the Philippines and the US on Mar.
14, 1947 and expired on Sept. 16, 1991.
Another example would be the VFA signed on Feb. 10, 1998 where the Philippines agreed that:
a. US military authorities shall have the right to exercise within the Philippines all criminal and disciplinary
jurisdiction conferred on them by the military law of the US over US personnel in RP;
b. US authorities exercise exclusive jurisdiction over US personnel with respect to offenses, including
offenses relating to the security of the us punishable under the law of the US, but not under the laws of RP;
c. US military authorities shall have the primary right to exercise jurisdiction over US personnel subject to
the military law of the US in relation to: (1) offenses solely against the property or security of the US or offenses
solely against the property or person of US personnel; and (2) offenses arising out of any act or omission done in
performance of official duty.
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An example of a law of preferential application would be R.A. No. 75 which penalizes acts which would impair the proper
observance by the Republic and inhabitants of the Philippines of the immunities, rights, and privileges of duly accredited
foreign diplomatic representatives in the Philippines.
Persons exempt from the operation of our criminal laws by virtue of the principles of public international law
(1) Sovereigns and other chiefs of state.
(2) Ambassadors, ministers, plenipotentiary, ministers resident, and charges daffaires.
* under the Constitution, members of Congress are not liable for libel or slander in connection with any speech
delivered on the floor of an house during regular or special session.
US v. Sweet (1901)
Facts: Sweet was an employee of the US army in the Philippines. He assaulted a prisoner of war for which he was
charged with the crime of physical injuries. Sweet interposed the defense that the fact that he was an employee of the US
military authorities deprived the court of the jurisdiction to try and punish him.
Held: The case is open to the application of the general principle that the jurisdiction of the civil tribunals is
unaffected by the military or other special character of the person brought before them for trial, unless controlled by
express legislation to the contrary.
The provisions of the RPC are enforceable to all crimes committed within the limits of Philippine territory but it may also
apply outside of the Philippine jurisdiction against who:
1. should commit an offense while on a Philippine ship or airship;
2. should forge or counterfeit an coin or currency note of the Philippines or obligations and securities issued by the
Philippine government;
3. should be liable for acts connected with the introduction into the country of the obligations and securities
aforestated;
4. while being public officers or employees, should commit an offense in the exercise of their functions; and
5. should commit any of the crimes against national security and the law of nations defined in Title I, Book II of the
Code.
The RPC has therefore territorial and extraterritorial application. The maritime zone extends to three miles from the
outermost coastline. Beyond that is the high seas which is outside the territorial waters of the Philippines.
There are two rules as to jurisdiction over crimes committed aboard merchant vessels while in the territorial waters of
another country.
French rule Such crimes are not triable in the courts of that country unless their commission affects the peace
and security of the territory or the safety of the state is endangered.
English rule Such crimes are triable in that country unless they merely affect things within the vessel or they
refer to the internal management thereof.
We observe the English Rule.
Disorders which disturb only the peace of the ship or those on board are to be dealt with exclusively by the sovereignty of
the home of the ship, but those which disturb the public peace may be suppressed, and, if need be, the offenders punished
by the proper authorities of the local jurisdiction.
Smoking opium aboard a foreign vessel in Philippine waters constitutes a breach of public order because it causes such
drug to produce its pernicious effects within our territory.
Philippine courts have no jurisdiction over 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.
US v. Ah Sing (1917)
Facts: Defendant is a subject of China who bought eight cans of opium in Saigon and brought them on board the
steamship Shun Chang during the trip to Cebu. When the steamer anchored in the port of Cebu, the authorities in making
the search found the 8 cans of opium. Defendant admitted being the owner but did not confess as to his purpose in buying
the opium.
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Held: Bringing opium in local territory even if it is merely for personal use and does not leave the foreign
merchant vessel anchored in Philippine waters is subject to local laws particularly under Sec. 4 Act. No. 2381 a.k.a. Opium
Law. Under the said law, importation includes merely bringing the drug from a foreign country to Philippine port even if not
landed.
General Rule: Ex post facto law is prohibited. Ex post facto law is one that is specifically made to retroact to cover acts
before it became effective to the prejudice of the accused; or to make a certain crime graver or prescribe a heavier penalty
for it.
The law does not have any retroactive effect EXCEPT if it favors the offender unless he is a habitual delinquent or the
law otherwise provides.
This is consistent with the general principle that criminal laws, being a limitation on the rights of the people, should be
construed strictly against the State and liberally in favor of the accused.
Art. 3. Definitions. Acts and omissions punishable by law are felonies (delitos).
Art. 21. Penalties that may be imposed. No felony shall be punishable by any penalty not prescribed by
law prior to its commission.
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The phrase punished by law should be understood to mean punished by the Revised Penal Code, and not by special
law.
D. GENERAL PROVISIONS
Art. 1 Time when Act takes effect. This code shall take effect on the first day of January, nineteen hundred and thirty.
The RPC consists of two books: Book One consists of 1) basic principles affecting criminal liability and 2) the provisions
on penalties including criminal and civil liability; Book Two defines felonies with the corresponding penalties.
2. That man is essentially a moral creature with an absolutely free will to choose between good and evil thereby
placing more stress upon the effect or result of the felonious act than upon the man, the criminal himself.
3. It has endeavored to establish a mechanical and direct proportion between crime and penalty.
4. There is a scant regard to the human element.
Art. 2. Application of its provisions. Except as provided in the treaties and laws of preferential application, the
provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior
waters and maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities
issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and securities
mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book
Two of this Code.
II. FELONIES
Art. 3. Definitions. Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).
There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results
from imprudence, negligence, lack of foresight, or lack of skill.
Felonies are acts and omissions punishable by the Revised Penal Code.
Elements of Felonies
1. There must be an act or omission
2. That the act or omission must be punishable by the RPC
3. That the act is performed or the omission incurred by means of dolo or culpa.
Definition of terms
ACT must be overt or external (mere criminal thought or intent is not punishable)
OMISSION failure to perform a duty required by law ex. Failure to render assistance, failure to issue receipt,
non-disclosure of knowledge of conspiracy against the government.
A. HOW COMMITTED
Classification of felonies according to the means by which they are committed (IN GENERAL ONLY)
1. INTENTIONAL / DOLO
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- the offender in performing the act or incurring the omission, has the intention to cause an injury to another
- the word deceit in par. 2 of Art. 3 is not the proper translation of the word dolo. Dolus is actually equivalent to
malice which is the intent to do an injury to another.
2. CULPABLE
(by means of fault or culpa)
- an act performed without malice but at the same time punishable though in a lesser degree and with an equal result
1. DOLO
INTENT V. MOTIVE
MOTIVE is the moving power which impels one to action for a define result.
INTENT is the purpose to use a particular means to effect such result.
Motive is not an essential element of a crime, and, hence need not be proved for purposes of conviction.
Motive is essential only when there is doubt as to the identity of the assailant. It is immaterial when the
accused has been positively identified.
Proof of motive alone is not sufficient to support a conviction but lack of motive may be an aid in showing the
innocence of the accused.
There is no felony by dolo if there is no intent
pivotal role towards his acquittal. This is especially true where there is doubt as to the identity of the culprit as when the
identification is extremely tenuous as in this case.
MISTAKE OF FACT
It is a misapprehension of fact on the part of the person who caused injury to another. He is not, however,
criminally liable, because he did not act with criminal intent.
Requisites:
1. That the act done would have been lawful had the facts been as the accused believed them to be.
2. That the intention of the accused in performing the act should be lawful
3. That the mistake must be without fault or carelessness on the part of the accused.
Criminal intent is replaced by negligence and imprudence in felonies committed by means of culpa.
2. CULPA
Requisites of culpa:
1. freedom
2. intelligence
3. imprudence, negligence or lack of foresight and skill
in culpable felonies, the injury caused to another should be unintentional, it being simply the incident of another act
performed without malice.
Art. 10. Offenses not subject to the provisions of this Code. Offenses which are or in the future may be
punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such
laws, unless the latter should specially provide the contrary.
There are 3 classes of crimes. The RPC defines and penalizes the first two classes: 1) intentional and 2) culpable
felonies.
The third class of crimes is those defined and penalized by special laws which include crimes punished by
municipal or city ordinances.
The provisions of this Code are not applicable to offenses punished by special laws especially those relating to the
requisite of criminal intent; the stages of commission; and the application of penalties.
However, when the special law is silent, the Code can give suppletory effect.
Dolo is not required in crimes punished by special laws because these crimes are mala prohibita.
In those crimes punished by special laws, the act alone irrespective of its motives, constitutes the offense.
Good faith and absence of criminal intent are not valid defenses in crimes punished by special laws
RPC, Art. 10. Offenses not subject to the provisions of this Code. Offenses which are or in the future may be
punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such
laws, unless the latter should specially provide the contrary.
Padilla v. CA (1997)
Facts: Padilla, driving his Pajero at high speed despite the bad weather, hit a balot vendor. A chase took place
and eventually, Padillas vehicle was stopped. He was arrested and several firearms were found inside his vehicle. He
admitted possession claiming he used them for shooting but was not able to produce any permit to carry.
Held: Pd 1886 provides only 2 requisites to establish crimes involving illegal possession of firearm: (1) existence
of subject firearm and (2) the fact that the accused who owned or possessed the firearm does not have the corresponding
permit to possess.
Either the testimony of a representative of or a certification from the PNP Firearms and explosives office would
suffice to prove beyond reasonable doubt the second element of illegal possession.
PD 1866 is constitutional. To justify nullification, there must be a clear breach of the constitution. The contention
that the penalty of simple illegal possession is cruel and excessive in contravention of the constitution does not merit
serious consideration. The severity of a penalty does not ipso facto make the same cruel and excessive.
The court cited People v. Simon doctrine as to the penalties to be imposed although PD 1866 is a special law, the
penalties therein were taken from the RPC, hence the rules in the said code for graduating by degrees or determining the
proper period should be applied.
Held: Saley is guilty of illegal recruitment and estafa. She has no valid license or authority to engage in
placement of workers. There is no double jeopardy in this case. Conviction under the Labor Code for illegal recruitment is
malum prohibita while estafa under the RPC is malum in se.
B. PUNISHABLE CONDUCT
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.
Rationale: el que es causa de la causa es causa del mal causado
He who is the cause of the cause is the cause of the evil caused
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When a person has not committed a felony, he is not criminally liable for the result which is not intended.
The causes which may produce a result different from that which the offender intended are:
a. ERROR IN PERSONAE mistake in the identity of the victim; injuring one person mistaken for another (this is a
complex crime under Art. 49)
b. ABERRATIO ICTUS mistake in the blow, that is, when the offender intending to do an injury to one person
actually inflicts it on another; and
c. PRAETER INTENTIONEM the act exceeds the intent, that is, the injurious result is greater than that intended.
The felony committed must be the proximate cause of the resulting injury.
PROXIMATE CAUSE the 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.
The felony committed is not the proximate cause of the resulting injury when:
a. There is an active force that intervened between the felony committed and the resulting injury, and the active
force is a distinct act or fact absolutely foreign from the felonious act of the accused; or
b. The resulting injury is due to the intentional act of the victim.
People v. Sabalones (1988)
Facts: Two vehicles proceeded to the house of Stephen Lim when Sabalones et. al. fired towards the vehicles
killing 2 of the passengers and seriously injuring 3 others. The lower court convicted the accused. Appellants accuse the
trial court of engaging in conjecture in ruling that there was aberratio ictus in this case.
Held: The allegation does not advance the cause of the appellants. It must be stressed that the trial court relied
on the concept of aberratio ictus to explain why the appellants staged the ambush, not to prove that appellants did in fact
commit the crimes. In any event, the lower court was not engaging in conjecture because the conclusion that the
appellants killed the wrong persons was based on the extrajudicial statement of appellant Beronga and the testimony of
one witness. Nonetheless, the fact that they were mistaken does not diminish their culpability. Mistake in the identity of
the victim carries the same gravity as when the accused zeroes in on his intended victim.
2. OMISSION
Art. 116. Misprision of treason. Every person owing allegiance to (the United States) the Government of the
Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them, conceals or does not
disclose and make known the same, as soon as possible to the governor or fiscal of the province, or the mayor or fiscal of
the city in which he resides, as the case may be, shall be punished as an accessory to the crime of treason.
Art. 137. Disloyalty of public officers or employees. The penalty of prision correccional in its minimum period shall
be imposed upon public officers or employees who have failed to resist a rebellion by all the means in their power, or shall
continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office under
them.
Art. 208. Prosecution of offenses; negligence and tolerance. The penalty of prision correccional in its minimum
period and suspension shall be imposed upon any public officer, or officer of the law, who, in dereliction of the duties of his
office, shall maliciously refrain from instituting prosecution for the punishment of violators of the law, or shall tolerate the
commission of offenses.
Art. 223. Conniving with or consenting to evasion. Any public officer who shall consent to the escape of a prisoner
in his custody or charge, shall be punished:
1. By prision correccional in its medium and maximum periods and temporary special disqualification in its
maximum period to perpetual special disqualification, if the fugitive shall have been sentenced by final judgment to any
penalty.
2. By prision correccional in its minimum period and temporary special disqualification, in case the fugitive shall
not have been finally convicted but only held as a detention prisoner for any crime or violation of law or municipal
ordinance.
Art. 234. Refusal to discharge elective office. The penalty of arresto mayor or a fine not exceeding 1,000 pesos, or
both, shall be imposed upon any person who, having been elected by popular election to a public office, shall refuse
without legal motive to be sworn in or to discharge the duties of said office.
Art. 275. Abandonment of person in danger and abandonment of ones own victim. The penalty of arresto
mayor shall be imposed upon:
1. Any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in
danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a
more serious offense.
2. Anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured.
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3. Anyone who, having found an abandoned child under seven years of age, shall fail to deliver said child to the
authorities or to his family, or shall fail to take him to a safe place.
Art. 8. Conspiracy and proposal to commit felony. Conspiracy and proposal to commit felony are punishable only in
the cases in which the law specially provides a penalty therefore.
A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and
decide to commit it.
There is proposal when the person who has decided to commit a felony proposes its execution to some other
person or persons.
Art. 115. Conspiracy and proposal to commit treason; Penalty. The conspiracy or proposal to commit the crime of
treason shall be punished respectively, by prision mayor and a fine not exceeding P10,000 pesos, and prision correccional
and a fine not exceeding P5,000 pesos.
Art. 136. Conspiracy and proposal to commit coup detat, rebellion or insurrection. The conspiracy and
proposal to commit coup detat shall be punished by prision mayor in minimum period and a fine which shall not exceed
eight thousand pesos (P8,000.00).
Art. 141. Conspiracy to commit sedition. Persons conspiring to commit the crime of sedition shall be punished by
prision correccional in its medium period and a fine not exceeding 2,000 pesos
Art. 186. Monopolies and combinations in restraint of trade. The penalty of prision correccional in its minimum
period or a fine ranging from 200 to 6,000 pesos, or both, shall be imposed upon:
1. Any person who shall enter into any contract or agreement or shall take part in any conspiracy or combination
in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in
the market;
Art. 306. Who are brigands; Penalty. When more than three armed persons form a band of robbers for the purpose
of committing robbery in the highway, or kidnapping persons for the purpose of extortion or to obtain ransom or for any
other purpose to be attained by means of force and violence, they shall be deemed highway robbers or brigands.
Persons found guilty of this offense shall be punished by prision mayor in its medium period to reclusion temporal
in its minimum period if the act or acts committed by them are not punishable by higher penalties, in which case, they
shall suffer such high penalties.
If any of the arms carried by any of said persons be an unlicensed firearm, it shall be presumed that said persons
are highway robbers or brigands, and in case of convictions the penalty shall be imposed in the maximum period.
Art. 340. Corruption of minors. Any person who shall promote or facilitate the prostitution or corruption of persons
underage to satisfy the lust of another, shall be punished by prision mayor, and if the culprit is a pubic officer or employee,
including those in government-owned or controlled corporations, he shall also suffer the penalty of temporary absolute
disqualification.
Conspiracy and proposal to commit a felony are two different acts or felonies: (1) conspiracy to commit a felony, and (2)
proposal to commit a felony.
GENERAL RULE: Conspiracy and proposal to commit a felony are not punishable
EXCEPTION: They are punishable only in the cases in which the law specially provides a penalty therefore.
RATIONALE: Conspiracy and proposal to commit a crime are only preparatory acts and the law regards them as innocent
or at least permissible except in rare and exceptional cases.
CONSPIRACY
- exists when two or more persons come to an agreement concerning the commission of a felon and decide to
commit it.
The RPC specially provides a penalty for mere conspiracy in treason, coup detat, rebellion or sedition. Treason, coup
detat, rebellion or sedition must not actually be committed or else conspiracy shall no longer be punishable because it is
not a separate offense from the felony itself.
INDICATIONS OF CONSPIRACY
- for a collective responsibility among the accused to be established, it is sufficient that at the time of the
aggression, all of them acted in concert, each doing his part to fulfill their common design to commit the felony.
REQUISITES OF CONSPIRACY
a. That two or more persons came to an agreement:
- agreement presupposes meeting of the minds of two or more persons
b. That the agreement concerned the commission of a felony; and
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- the agreement must refer to the commission of a crime. It must be an agreement to act, to effect, to bring
about what has already been conceived and determined
c. That the execution of the felony be decided upon.
- the conspirators have made up their minds to commit the crime. There must be a determination to commit the
crime of treason, rebellion or sedition.
Li v. People (2001)
Facts: Because of an altercation between Arugay and Li, the latter armed himself with a baseball bat and used
the same to hit Arugay on the arm. Arugay armed with a bolo, retaliated by hacking Li on the head causing the bat to fall
from his hand and leaving him unconscious or semi-unconsious. At this point in time, Sangalang, who was also present
stabbed Arugay several times which resulted to the latters death. The lower court held that there was conspiracy in the
present case
Held: The existence of conspiracy should be ruled out. Sangalang was the main actor in stabbing Arugay to
death. As Li was incapacitated or probably unconscious at the time Sangalang stabbed Arugay, it cannot be assumed that
Sangalang did what he has done with the knowledge or assent of Li, much more in coordination with each other. Based on
the circumstances, the Court is hard put to conclude that Sangalang and Li had acted in concert to commit the offense. In
fact, the stabbing of Arugay could very well be construed as a spur-of-the-moment reaction by Sangalang upon seeing that
his friend Li was struck on the head by Arugay. From such a spontaneous reaction, a finding of conspiracy cannot arise.
Proving conspiracy is a dicey matter, especially difficult in cases such as the present wherein the criminal acts
arose spontaneously, as opposed to instances wherein the participants would have the opportunity to orchestrate a more
deliberate plan. Spontaneity alone does not preclude the establishment of conspiracy, which after all, can be consummated
in a moments notice through a single word of assent to a proposal or an unambiguous handshake. Yet it is more
difficult to presume conspiracy in extemporaneous outbursts of violence; hence, the demand that it be established by
positive evidence. A conviction premised on a finding of conspiracy must be founded on facts, not on mere inferences and
presumption.
actual planning of the perpetuation of the crime is not a condition precedent. From the mode and manner in which the
offense was perpetrated, and as can be inferred from their acts, it is evident that Bagano and Caete were one in their
intention to kill Jeremias. Hence, in accordance with the principle that in conspiracy the act of one is the act of all, the fact
that it was Bagano who delivered the fatal blow on Jeremias and Caete's participation was limited to a mere embrace is
immaterial. Conspiracy bestows upon them equal liability; hence, they shall suffer the same fate for their acts.
PROPOSAL
Requisites:
a. That a person has decided to commit a felony; and
b. That he proposes its execution to some other person or persons.
It is not necessary that the person to whom the proposal is made agrees to commit treason or rebellion.
US v. Bautista (1906)
Facts: During the latter part of 1903, a junta was organized and a conspiracy entered into by a number of Filipino
residents in HK for the purpose of overthrowing the government of the US in the Philippines and replacing it with Republica
Universal Democratica Filipinas. Defendant Ricarte was recognized as chief of military forces to be organized in the
Philippines. Defendant Bautista was an intimate friend of Ricarte and was present in several meetings. Defendant Puzon
admitted that he accepted employment as chief of signal corps of such junta.
Held: The fact that one accused of conspiracy to overthrow the government has actually and voluntarily accepted
appointment by the conspirators as an officer of armed forces raised or to be raised in furtherance of the designs of the
conspirators may be taken into consideration as evidence of the criminal connection of the accused with the conspiracy.
same unlawful object, each doing a part that their acts, although apparently independent, were in fact connected and
cooperative, indicating a closeness of personal association and concurrence of sentiment, a conspiracy may be inferred
though no actual meeting among them is proven.
Art. 6. Consummated, frustrated, and attempted felonies. Consummated felonies as well as those which are
frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and accomplishment are present; and
it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but
which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.
There is an attempt when the offender commences the commission of a felony directly or over 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.
DEVELOPMENT OF A CRIME
a. internal acts such as mere ideas in the mind of a person, are not punishable even if, had they been carried
out, they would constitute a crime
b. external acts cover a) preparatory and b) acts of execution
c. preparatory acts tending toward the crime; ordinarily not punishable unless specifically provided for; these
acts do not yet constitute even the first stage of the acts of execution; intent not yet disclosed
d. acts of execution acts directly connected to the intended crime; varies with the crime and is punishable under
the code; usually overt acts with a logical relation to a particular concrete offense
STAGES OF COMMISSION
1. Attempted there is an attempt 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.
2. Frustrated 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 some cause or accident other than his
own spontaneous desistance.
3. Consummated a felony is consummated when all the elements necessary for its execution and
accomplishment are present.
ATTEMPTED FELONY
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Elements:
1. The offender commences the commission of the felony directly by overt acts;
2. He does not perform all the acts of execution which should produce the felony;
3. The offenders act is not stopped by his own spontaneous desistance;
4. The non-performance of all acts of execution was due to cause or accident other than his own spontaneous
desistance.
The commission of the felony is deemed commenced directly by overt acts when 1) there be external acts; 2) such
external acts have direct connection with the crime intended to be committed.
OVERT ACT some physical activity or deed, indicating the intention to commit a particular crime, more than a mere
planning or preparation, which if carried to its complete termination following its natural curse, without being frustrated by
external obstacles nor by voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete
offense.
Drawing or trying to draw a pistol or raising a bolo as if to strike the offended party with it is not an overt act of
homicide.
INDETERMINATE OFFENSE It is one where the purpose of the offender in performing an act is not certain. Its nature
in relation to its objective is ambiguous.
The intention of the accused must be viewed from the nature of the acts executed by him, and not from his admission.
2. OBJECTIVE PHASE
- the result of the acts of execution, that is, the accomplishment of the crime.
- If the subjective and objective phases are present, there is consummated felony.
Facts: The mother of the 4-year-old victim caught the houseboy Campuhan in the act of almost raping her
daughter. The hymen of the victim was still intact but since in previous Orita ruling, entry into labia is considered rape
even without rupture of hymen and full penetration is not necessary, question arises whether what transpired was
attempted or consummated rape.
Held: Attempted rape only. Mere touching of external genitalia by penis is already rape. However, touching
should be understood as inherently part of entry of penis into labia and not mere touching of the pudendum. There must
be clear and convincing proof that the penis indeed touched the labia and slid into the female organ and NOT MERELY
STROKED THE EXTERNAL SURFACE. Some degree of penetration beneath the surface must be achieved and the labia
major must be entered. Prosecution did not prove that the Campuhans penis was able to penetrate victims vagina
because the kneeling position of the accused obstructed the mothers view of the alleged sexual contact. The testimony of
the victim herself claimed that penis grazed but did not penetrate her organ.
There was only a shelling of the castle but no bombardment of the drawbridge yet.
FRUSTRATED FELONY
Elements:
1. The offender performs all the acts of execution;
2. All the acts performed would produce the felony as a consequence;
3. But the felony is not produced;
4. By reason of causes independent of the will of the perpetrator.
In frustrated felony, the offender must perform all the acts of execution. Nothing more is left to be done by the offender,
because he has performed the last act necessary to produce the crime.
CONSUMMATED FELONY
Requisites:
1. All the acts of execution are present
2. The result is achieved.
Every crime has its own elements which must all be present to constitute a culpable violation of a precept of law.
How to determine whether the felony is attempted, frustrated or consummated?
a. formal crimes those which are consummated by a single act (ex. Slander, adultery)
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b. crimes consummated by mere attempt (ex. Attempt to flee to an enemy country, treason)
There is not ATTEMPTED crime because the overt act in itself consummates the crime.
c. felonies by omission
There can be no attempted stage because the offender does not execute acts. He omits to perform an act which
the law requires him to do.
e. material crimes
- There are three stages of consummation: attempted, frustrated and consummated.
US v. Adiao (1955)
Facts: Adiao is a customs inspector. He abstracted a leather belt from the luggage of a Japanese and secreted
the belt under his desk in the Customs House where it was found by other customs employees. Adiao was convicted of
frustrated theft.
Held: Since the defendant performed all the acts of execution necessary for the accomplishment of the felony, he
is guilty of consummated crime of theft. The fact that he was under observation during the entire transaction and was
unable to get the merchandise out of the Customs House is not decisive; all the elements of the completed crime of theft
are present.
D. CLASSIFICATION OF FELONIES
Art. 9. Grave felonies, less grave felonies and light felonies. 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 of this Code.
Less grave felonies are those which the law punishes with penalties which in their maximum period are
correctional, in accordance with the above-mentioned Art.
b. LESS GRAVE FELONIES those in which their maximum period are correctional
When the penalty prescribed for the offense is composed of two or more distinct penalties, the higher or highest
of the penalties must be a correctional penalty.
c. LIGHT FELONIES those infractions of law in which the penalty is arresto menor or a fine not exceeding P200 or
both.
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A felony punishable by a fine not exceeding P200 and censure is a light felony, because public censure, like
arresto menor, is a light felony.
Art. 7. When light felonies are punishable. Light felonies are punishable only when they have been consummated,
with the exception of those committed against person or property.
Light felonies are those infractions of law for the commission of which a penalty of arresto menor or a fine not exceeding
200 pesos or both; is provided.
This should be seen in the light of articles prescribing penalties for crimes in their different stages of commission. This
means that light felonies which are only attempted or frustrated are not punishable by law.
However, in the commission of crimes against persons and property, every stage of execution is punishable but only the
principals and accomplices are liable in light felonies, the accessories are not.
Rationale: Light felonies produce such slight or insignificant moral and material injuries that public conscience is
assuaged b not providing for penalty for light felonies which are not consummated and to mere accomplices.
A. HOW INCURRED
This article has no reference to the manner criminal liability is incurred. The manner incurring criminal liability under the
RPC is stated under Art. 3, that is, performing or failing to do an act, when either is punished b law, by means of deceit or
fault.
Art. 4 merely states that criminal liability is incurred by those mentioned by the said article.
1. By any person committing a felony although the wrongful act done be different from that which he intended
REQUISITES:
a. That an intentional felony has been committed; and
b. That the wrong done to the aggrieved party be the direct and natural and logical consequence of the felony.
Any person who creates in anothers mind an immediate sense of danger, which causes the latter to do something
resulting in the latters injuries, is liable for the resulting injuries.
Wrong done must be the direct, natural and logical consequence of the felony committed.
- where it clearly appears that the injury would not have cased death, in the ordinary course of events, but would
have healed in so many days and where it is shown beyond all doubt that the death was due to the malicious or careless
acts of the injured person or a third person, the accused is not liable for homicide.
The offended party is not obliged to submit to a surgical operation to relieve the accused from the natural and ordinary
results of his crime.
The felony committed must be the proximate cause of the resulting injury.
The causes which may produce a result different from that which the offender intended are:
a. ERROR IN PERSONAE - mistake in the identity of the victim; injuring one person mistaken for another
(this is a complex crime under Art. 49)
b. ABERRATIO ICTUS - mistake in the blow, that is, when the offender intending to do an injury to one
person actually inflicts it on another; and
c. PRAETER INTENTIONEM the act exceeds the intent, that is, the injurious result is greater than that
intended.
* RPC, Art. 13 Mitigating circumstance 3) That the offender had no intention to commit so grave a wrong
as that committed.
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 an account of the employment of inadequate or ineffectual
means.
Facts: Garcia, a Grade 4 elementary school pupil, and his playmate, Wilson Quinto, who was about 11 yrs old
saw Andres and Pacheco who invited them to go fishing inside a drainage culvert. Wilson assented but Garcia seeing that it
was dark inside opted to remain seated in a grassy area about 2meters from the entrance of the drainage system.
Pacheco, Andres and Quinto, entered the drainage system which was covered by concrete culvert about a meter high and
a meter wide, with water about a foot deep. After a while, respondent Pacheco, who was holding a fish, came out of the
drainage system and left without saying a word. Andres also came out, went back inside, and emerged again, this time,
carrying Wilson who was already dead. Andres laid the boy's lifeless body down in the grassy area. Shocked at the sudden
turn of events, Garcia fled from the scene. For his part, Andres went to the house of petitioner Melba Quinto, Wilson's
mother, and informed her that her son had died. Melba Quinto rushed to the drainage culvert while respondent Andres
followed her.
Held: The court ruled that respondents cannot be held criminally nor civilly liable for the death of Wilson. In this
case, the petitioner failed to adduce proof of any ill-motive on the part of either respondent to kill the deceased before or
after the latter was invited to join them in fishing. Indeed, the petitioner testified that respondent Andres used to go to
their house and play with her son before the latter's death. When the petitioner's son died inside the drainage culvert, it
was respondent Andres who brought out the deceased. He then informed the petitioner of her son's death. Even after
informing the petitioner of the death of her son, respondent Andres followed the petitioner on her way to the grassy area
where the deceased was.
Intent
Recuerdo v. People (2006)
Held: General criminal intent is an element of all crimes but malice is properly applied only to deliberate acts
done on purpose and with design. Evil intent must unite with an unlawful act for there to be a felony. A deliberate and
unlawful act gives rise to a presumption of malice by intent. On the other hand, specific intent is a definite and actual
purpose to accomplish some particular thing.
The general criminal intent is presumed from the criminal act and in the absence of any general intent is relied
upon as a defense, such absence must be proved by the accused. Generally, a specific intent is not presumed. Its
existence, as a matter of fact, must be proved by the State just as any other essential element. This may be shown,
however, by the nature of the act, the circumstances under which it was committed, the means employed and the motive
of the accused
IMPOSSIBLE CRIMES
REQUISITES:
1. That the act performed would be an offense against persons or property.
FELONIES AGAINST PERSONS ARE:
a. Parricide
b. Murder
c. Homicide
d. Infanticide
e. Abortion
f. Duel
g. Physical Injuries
h. Rape
FELONIES AGAINST PROPERTY ARE:
a. Robbery
b. Brigandage
c. Theft
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d. Usurpation
e. Culpable Insolvency
f. Swindling and other deceits
g. Chattel Mortgage
h. Arson and other crimes involving destruction
i. Malicious Mischief
2. That the act was done with evil intent.
The offender must have intent to do injury to another.
3. That its accomplishment is inherently impossible, or that the means employed is either inadequate or
ineffectual.
In impossible crime, the act performed by the offender cannot produce an offense against persons or property
because:
4. That the act performed should not constitute a violation of another provision of the RPC
- example: A pointed a gun at B to rob the latter of a watch but B was not wearing a watch. It is not an impossible
crime because As pointing his gun at B already constituted at least the crime of grave threats.
Intod v. CA (1992)
Facts: Intod et al. went to Palangpangans house, all armed with firearms. They went the bedroom and began
firing their weapons. However, Palangpangan was in another city and her home was occupied by her son-in-law and his
family. No one was in the room when the accused fired their weapons. RTC convicted the accused of attempted murder.
Held: The accused is guilty of an impossible crime. The factual situation in the case presents a physical
impossibility which rendered the intended crime impossible of performance.
IMPUTABILITY RESPONSIBILITY
Quality by which an act Obligation of suffering the
may be ascribed to a consequences of the
person as its author or crime.
owner.
Implies that a deed may Implies that the person
be imputed to a person. must take the
consequence of such deed.
1. JUSTIFYING CIRCUMSTANCES
Those where the act of a 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.
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The law recognizes the non-existence of a crime by expressly stating in the opening sentence of Art. 11 that
the person therein mentioned DO NOT INCUR CRIMINAL LIABILITY.
Art. 11. Justifying circumstances. The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur;
First. Unlawful aggression
Second. Reasonable necessity of the means
employed to prevent or repel it.
Third. Lack of sufficient provocation on the
part of the person defending himself.
2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate,
natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the
fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present,
and the further requisite, in case the revocation was given by the person attacked, that the one making defense had not
part therein.
3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites
mentioned in the first circumstance of this Article are present and that the person defending be not induced by revenge,
resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does not act which causes damage, provided that the
following requisites are present:
5. Any person who acts in fulfillment of a duty or in the lawful exercise of a right or office.
6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.
Article 11 recognizes the acts of such persons as justified. Such persons are not criminals, as there is no crime
committed
Par. 1 SELF-DEFENSE
Self-defense includes not only the defense of the person or body of the one assaulted but also that of his
rights, that is, those rights the enjoyment of which is protected by law.
REQUISITES:
1. ACTUAL that the danger must be present, that is, actually in existence.
2. IMMINENT- that the danger is on the point of happening. It is not required that the attack already begins, for it
may be too late.
A slap on the face constitutes unlawful aggression since the face represents a person and his dignity. Slapping it is a
serious personal attack.
Retaliation is different from an act of self-defense. In retaliation, the aggression that was begun by the injured
party already ceased to exist when the accused attacked him. In self-defense, the aggression was still existing when
the aggressor was injured or disabled by the person making a defense.
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In self-defense, the person must have no time nor occasion for deliberation and cool thinking.
The unlawful aggression must come from the person who was attacked by the accused.
There is no unlawful aggression when there is agreement to fight because where the fight has been agreed upon,
each of the protagonists is at once assailant and assaulted. But when the aggression is ahead of the stipulated time and
place, it is unlawful.
The rule now is STAND GROUND WHEN IN THE RIGHT. So, where the accused is where he has the right to be, the
law does not require him to retreat when his assailant is rapidly advancing upon him with a deadly weapon.
The belief of the person may be considered in determining the existence of unlawful aggression.
Ex. If the aggressor used a toy pistol but the accused believed it was a real gun, he may claim self-defense.
The law protects not only the person who repels an aggression (meaning actual), but even the person who tries to
prevent an aggression that is expected (meaning imminent).
The reasonableness of the necessity depends upon the circumstances particularly the time and location where the
aggression took place.
The means employed by the person making a defense must be rationally necessary to prevent or repel an unlawful
aggression.
The reasonableness of the means used will depend upon the NATURE and QUALITY of the weapon used by the
aggressor, his PHYSICAL CONDITION, SIZE and other circumstances, and those of the person defending himself, and
also the place and occasion of the assault.
*** THE FIRST TWO REQUISITES ARE COMMON TO THREE KINDS OF LEGITIMATE DEFENSE: 1) SELF-DEFENSE, 2)
DEFENSE OF A RELATIVE AND 3) DEFENSE OF A STRANGER.
Had Ben still been awaiting Marivic when she came out of their children's bedroom and based on past violent
incidents, there was a great probability that he would still have pursued her and inflicted graver harm then, the
imminence of the real threat upon her life would not have ceased yet. Where the brutalized person is already suffering
from BWS, further evidence of actual physical assault at the time of the killing is not required. Incidents of domestic
battery usually have a predictable pattern. To require the battered person to await an obvious, deadly attack before she
can defend her life "would amount to sentencing her to 'murder by installment.'" Still, impending danger (based on the
conduct of the victim in previous battering episodes) prior to the defendant's use of deadly force must be shown.
Threatening behavior or communication can satisfy the required imminence of danger. Considering such circumstances and
the existence of BWS, self-defense may be appreciated.
The Court reiterated the principle that aggression, if not continuous, does not warrant self-defense. In the
absence of such aggression, there can be no self-defense complete or incomplete on the part of the victim. Thus,
Marivic's killing of Ben was not completely justified under the circumstances.
The Court futher however held that the severe beatings repeatedly inflicted on Marivic constituted a form of
cumulative provocation that broke down her psychological resistance and self-control. This "psychological paralysis" she
suffered diminished her will power, thereby entitling her to the mitigating factor under paragraphs 9 and 10 of Article 13 of
the RPC In addition, Marivic was also credited with the extenuating circumstance of having acted upon an impulse so
powerful as to have naturally produced passion and obfuscation. The acute battering she suffered that fatal night in the
hands of her batterer-spouse, in spite of the fact that she was eight months pregnant with their child, overwhelmed her
and put her in the aforesaid emotional and mental state, which overcame her reason and impelled her to vindicate her life
and her unborn child's.
People v. Enfectana(2002)
Facts: While Adelaida and her husband Leo were on their way home, they were sideswiped by a tricycle driven by
appellant Erwin with Efren both surnamed Enfectana as passenger. As a result, her husband fell in a crouching position.
When he was about to get up, Eusebio also surnamed Enfectana came from behind to stab him. Then Erwin and Efren took
turns in stabbing Leo. He died as a result. In court, Eusebio Enfectana admitted that he killed Leo. He, however, alleged
that he acted in self-defense
Held: It is an established principle that once this justifying circumstance is raised, the burden of proving the
elements of the claim shifts to him who invokes it. The elements of self-defense are: (1) that the victim has committed
unlawful aggression amounting to actual or imminent threat to the life and limb of the person claiming self-defense; (2)
that there be reasonable necessity in the means employed to prevent or repel the unlawful aggression; and (3) that there
be lack of sufficient provocation on the part of the person claiming self-defense or, at least, that any provocation executed
by the person claiming self-defense be not the proximate and immediate cause of the victim's aggression. The condition of
unlawful aggression is a sine qua non; otherwise stated, there can be no self-defense, complete or incomplete, unless the
victim has committed unlawful aggression against the person defending himself.
Given the fact that the relationship between the parties had been marred by ill will and animosities, and pursuant
to the rule on the burden of evidence imposed by law on the party invoking self-defense, the admission of Eusebio that he
killed Leo made it incumbent upon appellant to convincingly prove that there was unlawful aggression on the part of the
victim which necessitated the use of deadly force by Eusebio. Unfortunately, Eusebio miserably failed to prove the
existence of unlawful aggression on the part of the victim. Eusebio is guilty of murder.
Balunueco v. CA (2003)
Facts: Amelia was coddling her youngest child in front of her house when she saw accused Reynaldo, his father
Juanito, brothers Ricardo and Ramon, all surnamed Balunueco, and one Flores chasing her brother-in-law Servando. With
the 5 individuals in hot pursuit, Servando scampered into the safety of Amelia's house. Meanwhile, Senando, who was then
cooking supper, went out of the house unaware of the commotion going on outside. Upon seeing Senando, Reynaldo
turned his attention on him and gave chase. Senando instinctively fled towards the fields but he was met by Armando who
hit him with a stone, causing Senando to feel dizzy. Reynaldo, Ricardo, and Armando cornered their quarry near a canal
and ganged up on him. Armando placed a can on top of Senando's head and Ricardo repeatedly struck Senando with an ax
on the head, shoulder, and hand. At one point, Ricardo lost his hold on the ax, but somebody tossed him a bolo and then
he continued hacking the victim who fell on his knees. To shield him from further violence, Amelia put her arms around her
husband but it was not enough to detract Ricardo from his murderous frenzy. Amelia was also hit on the leg. The RTC and
CA convicted Ricardo of Homicide. He now imputes errors to the CA in not taking into consideration the fact that if indeed
he participated, he had acted in defense of his relatives.
Held: Of the three (3) requisites of defense of relatives, unlawful aggression is a condition sine qua non, for
without it any defense is not possible or justified. In order to consider that an unlawful aggression was actually committed,
it is necessary that an attack or material aggression, an offensive act positively determining the intent of the aggressor to
cause an injury shall have been made; a mere threatening or intimidating attitude is not sufficient to justify the
commission of an act which is punishable per se, and allow a claim of exemption from liability on the ground that it was
committed in self-defense or defense of a relative.
In the case at bar, petitioner Ricardo utterly failed to adduce sufficient proof of the existence of a positively
strong act of real aggression on the part of the deceased Senando.. It was he and his kin who had inititated the unlawful
agression and not Senando. Further, the natural impulse of any person who has killed someone in defense of his person or
relative is to bring himself to the authorities and try to dispel any suspicion of guilt that the authorities might have against
him. Ricardo failed to do the same. With the exception of his self-serving allegations, there is nothing on record that
would justify his killing of Senando.
Relatives by affinity, because of marriage, are parents-in-law, son or daughter-in-law, and brothers or sisters-in-law.
Death of the spouse terminates the relationship by affinity; unless the marriage has resulted in issue who is still living, in
which case the relationship of affinity continues.
Consanguinity refers to blood relatives. Brothers and sisters are within the second civil degree; uncle and niece or aunt
and nephew are within the third civil degree; and first cousins are within the fourth civil degree.
Unlawful aggression may not exist as a matter of fact, it can be made to depend upon the honest belief of the
one making a defense. Ex. The sons of A honestly believed that their father was the victim of an unlawful aggression
when in fact it was their father who attacked B. If they killed B under such circumstance, they are justified.
3. In case the provocation was given by the person attacked, the one making a defense had no part therein.
There is still legitimate defense of relative even if the relative being defended has given provocation, provided that
the one defending such relative has no part in the provocation.
Reason for the rule: Although the provocation prejudices the person who gave it, its effects do not reach the
defender who took no part therein, because the latter was prompted by some noble or generous sentiment in
protecting and saving a relative.
REQUISITES:
1. Unlawful aggression;
2. Reasonable necessity of the means employed to prevent or repel it;
3. The person defending be not induced by revenge, resentment or other evil motive.
BASIS: What one may do in his defense, another may do for him. The ordinary man would not stand idly by and see his
companion killed without attempting to save his life.
crawling position, Alconga avoided the following blows and was able to draw his revolver and shoot Barion. He was able to
crawl out of the guardhouse and a hand-to-hand fight ensued. Having sustained several wounds, Barion ran away but was
followed by the accused and another fight took place. Alconga then slashed Barions head with a bolo which caused the
latters death. The accused pleaded self-defense.
Held: An accused was no longer acting in self-defense when he pursued and killed a fleeing adversary, though
originally the unlawful aggressor, there being no more aggression to defend against, the same having ceased from the
moment the deceased took to his heels.
US v. Bumaglang (1909)
Facts: Bumanglang was missing 40 bundles of palay. Later, accompanied by his co-defendants, he awaited the
culprit and caught Ribis so they confronted him assaulted him with sticks and other cutting and stabbing weapons. As a
result, Ribis died. Defendants declared that during the fight they only beat the deceased with sticks and Ribis unsheathed
his bolo. Bumanglang et al were convicted of homicide.
Held: The bolo of the deceased was sheathed when the body was discovered. There was no unlawful aggression
on the part of Ribis. Thus, there can be no claim of self-defense.
Separate Opinion: A man who ambushed one he suspects to be a thief can claim defense of property. Not only
was there unlawful aggression against Bumanglag, there was also a wrongful invasion of his habitat and attempt to commit
a felony against his property. With the imminence of danger to his life, he realized that he had to ask assistance from his
friends, considering Ribis criminal record, character and unusual strength.
Any person who, in order to avoid an evil or injury, does an act which causes damage to another.
DAMAGE TO ANOTHER the term covers injury to persons and damage to property.
REQUISITES:
1. That the evil sought to be avoided actually exists;
- The evil must actually exist and not merely expected or anticipated or may happen in the future.
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2. That the injury feared be greater than that done to avoid it;
Note: The instinct of self-preservation will always make one feel that his own safety is of greater
importance than that of another.
- The greater evil should not be brought about by the negligence or imprudence of the actor.
- The evil which brought about the greater evil must not result from a violation of law by the actor.
3. That there be no other practical and less harmful means of preventing it.
Ty v. People (2004)
Facts: Ty's mother Chua Lao So Un was confined at the Manila Doctors' Hospital from October 1990 until June
1992. Being the patient's daughter, Ty signed the "Acknowledgment of Responsibility for Payment" in the Contract of
Admission. Ty's sister, Judy Chua, was also confined at the same hospital. The total hospital bills of the two patients
amounted to P1,075,592.95. Ty executed a promissory note wherein she assumed payment of the obligation in
installments. To assure payment of the obligation, she drew 7 postdated checks against Metrobank payable to the hospital
which were all dishonored by the drawee bank and returned unpaid to the hospital due to insufficiency of funds. For her
defense, Ty claimed that she issued the checks because of an uncontrollable fear of a greater injury She averred that she
was forced to issue the checks to obtain release for her mother who was being inhumanely and harshly treated by the
hospital. She alleged that her mother has comtemplated suicide if she would not be discharged from the hospital. Ty was
found guilty by the lower courts of 7 counts of violation of BP22.
Held:The court sustained the findings of the lower courts. The evil sought to be avoided is merely expected or
anticipated. If the evil sought to be avoided is merely expected or anticipated or may happen in the future, the defense of
an uncontrollable fear of a greater injury is not applicable. Ty could have taken advantage of an available option to avoid
committing a crime. By her own admission, she had the choice to give jewelry or other forms of security instead of
postdated checks to secure her obligation.
Moreover, for the defense of state of necessity to be availing, the greater injury feared should not have been
brought about by the negligence or imprudence, more so, the willful inaction of the actor. In this case, the issuance of the
bounced checks was brought about by Ty's own failure to pay her mother's hospital bills.
REQUISITES:
1. That the accused acted in the performance of a duty or in the lawful exercise of a right or office
Art. 429. Civil Code. The owner or lawful possessor of a thing has the right to exclude any person from the
enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or
prevent an actual or threatened unlawful physical invasion or usurpation of his property. (doctrine of self-help)
If in protecting his possession of the property he injured (not seriously) the one trying to get it from him, he is
justified.
The actual invasion of property may consist of a mere disturbance of possession or of a real dispossession.
2. That the injury caused or the offense committed be the necessary consequence of the due
performance of duty or the lawful exercise of such right or office.
Shooting an offender who refused to surrender is justified but shooting a thief who refused to be arrested is not justified.
a lance. Delima demanded the surrender of the weapon but Napilon refused. Delima fired his revolver to impose his
authority but the bullet did not hit him. The criminal ran away and Delima went after him and fired again his revolver this
time hitting and killing him.
Held: The killing was done in the performance of a duty. The deceased was under the obligation to surrender and
had no right, after evading service of his sentence, to commit assault and disobedience with a weapon in his hand, which
compelled the policeman to resort to such extreme means, which, although it proved to be fatal, was justified by the
circumstance.
REQUISITES:
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When the order is not for a lawful purpose, the subordinate who obeyed it is criminally liable.
The subordinate is not liable for carrying out an illegal order of his superior, if he is not aware of the illegality of
the order and he is not negligent.
2. EXEMPTING CIRCUMSTANCES
Exempting circumstances (non-imputability) are those grounds for exemption from punishment because there
is wanting in the agent of the crime any of the condition which make the act voluntary or negligent.
The exemption from punishment is based on the COMPLETE ABSENCE of intelligence, freedom of action, or
intent, or on the absence of negligence on the part of the accused.
Art. 12. Circumstances which exempt from criminal liability. the following are exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court
shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be
permitted to leave without first obtaining the permission of the same court.
3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such
minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code.
When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions of this
and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his
surveillance and education otherwise, he shall be committed to the care of some institution or person mentioned in said
Art. 80.
4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault
or intention of causing it.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.
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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.
Par. 1 AN IMBECILE OR INSANE PERSON, UNLESS THE LATTER HAS ACTED DURING A LUCID INTERVAL
IMBECILE
- one who, while advanced in age, has a mental development comparable to that of children between 2 and 7
years of age.
one who is deprived completely of reason or discernment and freedom of the will at the time of committing the
crime.
- exempt in all cases from criminal liability
INSANE
- there is a complete deprivation of intelligence in committing the act but capable of having lucid intervals. During
a lucid interval, the insane acts with intelligence and thus, not exempt from criminal liability.
When the person is sane at the time of the commission of the crime but he becomes insane at the time of the trial, he is
liable criminally. The trial, however, shall be suspended until mental capacity of the accused be restored to afford him a
fair trial.
Evidence of insanity must refer to the time preceding the act under prosecution or to the very moment of its execution. If
the evidence points to insanity subsequent to the commission of the crime, the accused cannot be acquitted.
Feeblemindedness is not imbecility because a feeble-minded person can distinguish right from wrong.
Cases covered under this article:
a. Dementia praecox
b. Kleptomania if found by a competent psychiatrist as irresistible
c. Epilepsy
d. Somnambulism sleep-walking
e. Malignant malaria which affects the nervous system
In Re MNaghten (1843)
Guidelines
A man who shot someone claimed insanity.
Held: Every man is presumed to be sane. It must be clearly proved that at the time of committing the act, A was
under a defect of reason that he did not know the nature of act or if he did know what he was doing, he did not know he
was wrong.
The question to be asked is whether the accused at the time of doing the act knew the differences between right
and wrong? The emphasis is on reason or cognition.
excitement, such person has no control whatever of his acts. An irresistible homicide impulse was considered embraced in
the terms of insanity.
FIFTEEN YEARS OR LESS presumed to be incapable of committing a crime, and this presumption is an absolute one
which cannot be overcome by any evidence. (R.A. NO. 9334)
Par. 3. A PERSON OVER 9 YEARS OF AGE AND UNDER 15 UNLESS HE HAS ACTED WITH DISCERNMENT, IN
WHICH CASE, SUCH MINOR SHALL BE PROCEEDED AGAINST IN COORDANCE WITH THE PROVISIONS OF
ARTICLE 80 OF THIS CODE.
A minor over 15 and under 18 years of age must have acted without discernment to be exempted from criminal liability.
DISCERNMENT means the mental capacity of a minor between 15 and 18 years of age to fully appreciate the
consequences of his lawful act.
DISCERNMENT INTENT
Moral significance that a Desired act of the person
person ascribes to the said
act
Discernment may be shown by 1) the manner the crime was committed or 2) the conduct of the offender after its
commission.
Art. 80. Suspension of sentence of minor delinquents. Whenever a minor of either sex, under sixteen years of age at
the date of the commission of a grave or less grave felony, is accused thereof, the court, after hearing the evidence in the
proper proceedings, instead of pronouncing judgment of conviction, shall suspend all further proceedings and shall commit
such minor to the custody or care of a public or private, benevolent or charitable institution, established under the law of
the care, correction or education of orphaned, homeless, defective, and delinquent children, or to the custody or care of
any other responsible person in any other place subject to visitation and supervision by the Director of Public Welfare or
any of his agents or representatives, if there be any, or otherwise by the superintendent of public schools or his
representatives, subject to such conditions as are prescribed herein below until such minor shall have reached his majority
age or for such less period as the court may deem proper.
The court, in committing said minor as provided above, shall take into consideration the religion of such minor,
his parents or next of kin, in order to avoid his commitment to any private institution not under the control and supervision
of the religious sect or denomination to which they belong.
The Director of Public Welfare or his duly authorized representatives or agents, the superintendent of public
schools or his representatives, or the person to whose custody or care the minor has been committed, shall submit to the
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court every four months and as often as required in special cases, a written report on the good or bad conduct of said
minor and the moral and intellectual progress made by him.
The suspension of the proceedings against a minor may be extended or shortened by the court on the
recommendation of the Director of Public Welfare or his authorized representative or agents, or the superintendent of
public schools or his representatives, according as to whether the conduct of such minor has been good or not and whether
he has complied with the conditions imposed upon him, or not. The provisions of the first paragraph of this article shall
not, however, be affected by those contained herein.
If the minor has been committed to the custody or care of any of the institutions mentioned in the first paragraph
of this article, with the approval of the Director of Public Welfare and subject to such conditions as this official in
accordance with law may deem proper to impose, such minor may be allowed to stay elsewhere under the care of a
responsible person.
If the minor has behaved properly and has complied with the conditions imposed upon him during his
confinement, in accordance with the provisions of this article, he shall be returned to the court in order that the same may
order his final release.
In case the minor fails to behave properly or to comply with the regulations of the institution to which he has
been committed or with the conditions imposed upon him when he was committed to the care of a responsible person, or
in case he should be found incorrigible or his continued stay in such institution should be inadvisable, he shall be returned
to the court in order that the same may render the judgment corresponding to the crime committed by him.
The expenses for the maintenance of a minor delinquent confined in the institution to which he has been
committed, shall be borne totally or partially by his parents or relatives or those persons liable to support him, if they are
able to do so, in the discretion of the court; Provided, That in case his parents or relatives or those persons liable to
support him have not been ordered to pay said expenses or are found indigent and cannot pay said expenses, the
municipality in which the offense was committed shall pay one-third of said expenses; the province to which the
municipality belongs shall pay one-third; and the remaining one-third shall be borne by the National Government:
Provided, however, That whenever the Secretary of Finance certifies that a municipality is not able to pay its share in the
expenses above mentioned, such share which is not paid by said municipality shall be borne by the National Government.
Chartered cities shall pay two-thirds of said expenses; and in case a chartered city cannot pay said expenses, the internal
revenue allotments which may be due to said city shall be withheld and applied in settlement of said indebtedness in
accordance with section five hundred and eighty-eight of the Administrative Code.
When the minor is adjudged criminally irresponsible duty of court is to commit him to custody of his family or some
institution.
The allegation of with intent to kill in the information is sufficient allegation of discernment.
PD 603
THE CHILD AND YOUTH WELFARE CODE
Article 189. Youthful Offender Defined. - A youthful offender is one who is over nine years but under twenty-one years of age
at the time of the commission of the offense.
A child nine years of age or under at the time of the offense shall be exempt from criminal liability and shall be
committed to the care of his or her father or mother, or nearest relative or family friend in the discretion of the court and subject to
its supervision. The same shall be done for a child over nine years and under fifteen years of age at the time of the commission of
the offense, unless he acted with discernment, in which case he shall be proceeded against in accordance with Article 192.
The provisions of Article 80 of the Revised Penal Code shall be deemed modified by the provisions of this Chapter.
Article 190. Physical and Mental Examination. - It shall be the duty of the law-enforcement agency concerned to
take the youthful offender, immediately after his apprehension, to the proper medical or health officer for a thorough physical and
mental examination. Whenever treatment for any physical or mental defect is indicated, steps shall be immediately undertaken to
provide the same.
The examination and treatment papers shall form part of the record of the case of the youthful offender.
Article 191. Care of Youthful Offender Held for Examination or Trial. - A youthful offender held for physical and
mental examination or trial or pending appeal, if unable to furnish bail, shall from the time of his arrest be committed to the care of
the Department of Social Welfare or the local rehabilitation center or a detention home in the province or city which shall be
responsible for his appearance in court whenever required: Provided, That in the absence of any such center or agency within a
reasonable distance from the venue of the trial, the provincial, city and municipal jail shall provide quarters for youthful offenders
separate from other detainees. The court may, in its discretion, upon recommendation of the Department of Social Welfare or other
agency or agencies authorized by the Court, release a youthful offender on recognizance, to the custody of his parents or other
suitable person who shall be responsible for his appearance whenever required.
Article 192. Suspension of Sentence and Commitment of Youthful Offender. - If after hearing the evidence in the
proper proceedings, the court should find that the youthful offender has committed the acts charged against him the court shall
determine the imposable penalty, including any civil liability chargeable against him. However, instead of pronouncing judgment of
conviction, the court shall suspend all further proceedings and shall commit such minor to the custody or care of the Department of
Social Welfare, or to any training institution operated by the government, or duly licensed agencies or any other responsible
person, until he shall have reached twenty-one years of age or, for a shorter period as the court may deem proper, after
considering the reports and recommendations of the Department of Social Welfare or the agency or responsible individual under
whose care he has been committed.
The youthful offender shall be subject to visitation and supervision by a representative of the Department of Social
Welfare or any duly licensed agency or such other officer as the Court may designate subject to such conditions as it may prescribe.
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Article 193. Appeal. - The youthful offender whose sentence is suspended can appeal from the order of the court in the
same manner as appeals in criminal cases.
Article 194. Care and Maintenance of Youthful Offender. - The expenses for the care and maintenance of the
youthful offender whose sentence has been suspended shall be borne by his parents or those persons liable to support him:
Provided, That in case his parents or those persons liable to support him can not pay all or part of said expenses, the municipality
in which the offense was committed shall pay one-third of said expenses or part thereof; the province to which the municipality
belongs shall pay one-third; and the remaining one-third shall be borne by the National Government. Chartered cities shall pay two-
thirds of said expenses; and in case a chartered city cannot pay said expenses, part of the internal revenue allotments applicable to
the unpaid portion shall be withheld and applied to the settlement of said indebtedness.
All city and provincial governments must exert efforts for the immediate establishment of local detention homes for
youthful offenders.
Article 195. Report on Conduct of Child. - The Department of Social Welfare or its representative or duly licensed
agency or individual under whose care the youthful offender has been committed shall submit to the court every four months or
oftener as may be required in special cases, a written report on the conduct of said youthful offender as well as the intellectual,
physical, moral, social and emotional progress made by him.
Article 196. Dismissal of the Case. - If it is shown to the satisfaction of the court that the youthful offender whose
sentence has been suspended, has behaved properly and has shown his capability to be a useful member of the community, even
before reaching the age of majority, upon recommendation of the Department of Social Welfare, it shall dismiss the case and order
his final discharge.
Article 197. Return of the Youth Offender to Court. - Whenever the youthful offender has been found incorrigible or
has wilfully failed to comply with the conditions of his rehabilitation programs, or should his continued stay in the training institution
be inadvisable, he shall be returned to the committing court for the pronouncement of judgment.
When the youthful offender has reached the age of twenty-one while in commitment, the court shall determine whether
to dismiss the case in accordance with the next preceding article or to pronounce the judgment of conviction.
In any case covered by this article, the youthful offender shall be credited in the service of his sentence with the full time
spent in actual commitment and detention effected under the provisions of this Chapter.
Article 198. Effect of Release of Child Based on Good Conduct. - The final release of a child pursuant to the
provisions of this Chapter shall not obliterate his civil liability for damages. Such release shall be without prejudice to the right for a
writ of execution for the recovery of civil damages.
Article 199. Living Quarters for Youthful Offenders Sentence. - When a judgment of conviction is pronounced in
accordance with the provisions of Article 197, and at the time of said pronouncement the youthful offender is still under twenty-
one, he shall be committed to the proper penal institution to serve the remaining period of his sentence: Provided, That penal
institutions shall provide youthful offenders with separate quarters and, as far as practicable, group them according to appropriate
age levels or other criteria as will insure their speedy rehabilitation: Provided, further, That the Bureau of Prisons shall maintain
agricultural and forestry camps where youthful offenders may serve their sentence in lieu of confinement in regular penitentiaries.
Article 200. Records of Proceedings. - Where a youthful offender has been charged before any city or provincial fiscal
or before any municipal judge and the charges have been ordered dropped, all the records of the case shall be destroyed
immediately thereafter.
Where a youthful offender has been charged and the court acquits him, or dismisses the case or commits him to an
institution and subsequently releases him pursuant to this Chapter, all the records of his case shall be destroyed immediately after
such acquittal, dismissal or release, unless civil liability has also been imposed in the criminal action, in which case such records
shall be destroyed after satisfaction of such civil liability. The youthful offender concerned shall not be held under any provision of
law, to be guilty of perjury or of concealment or misrepresentation by reason of his failure to acknowledge the case or recite any
fact related thereto in response to any inquiry made of him for any purpose.
"Records" within the meaning of this article shall include those which may be in the files of the National Bureau of
Investigation and with any police department, or any other government agency which may have been involved in the case.
Article 201. Civil Liability of Youthful Offenders. - The civil liability for acts committed by a youthful offender shall
devolve upon the offender's father and, in case of his death or incapacity, upon the mother, or in case of her death or incapacity,
upon the guardian. Civil liability may also be voluntarily assumed by a relative or family friend of the youthful offender.
Article 202. Rehabilitation Centers. - The Department of Social Welfare shall establish regional rehabilitation centers
for youthful offenders. The local government and other non-governmental entities shall collaborate and contribute their support for
the establishment and maintenance of these facilities.
Article 203. Detention Homes. - The Department of Local Government and Community Development shall establish
detention homes in cities and provinces distinct and separate from jails pending the disposition of cases of juvenile offenders.
Article 204. Liability of Parents or Guardian or Any Person in the Commission of Delinquent Acts by Their
Children or Wards. - A person whether the parent or guardian of the child or not, who knowingly or wilfully,
1. Aids, causes, abets or connives with the commission by a child of a delinquency, or
2. Does any act producing, promoting, or contributing to a child's being or becoming a juvenile delinquent, shall be
punished by a fine not exceeding five hundred pesos or to imprisonment for a period not exceeding two years, or both such fine and
imprisonment, at the discretion of the court.
EN BANC
[A.M. No. 02-1-19-SC. February 28, 2002.]
RE: PROPOSED RULE ON COMMITMENT OF CHILDREN
RESOLUTION
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ESGUERRA NOTES 2007
Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for this Court's consideration and approval the
Proposed Rule on Commitment Of Children, the Court Resolved to APPROVE the same.
The Rule shall take effect on April 15, 2002 following its publication in a newspaper of general circulation not later than March 15, 2002.
February 28, 2002.
SECTION 1. Objective. The objective of this Rule is to ensure that every effort is exerted to promote the child's welfare and enhance
his opportunities for a useful and happy life. Toward this end, this Rule seeks to protect the child from all forms of neglect, abuse, cruelty, exploitation and other
conditions prejudicial to his development .
SECTION 2. Interpretation. The best interests of the child shall be the paramount consideration in all actions concerning him,
whether undertaken by public or private social welfare institutions, courts of law, administrative authorities and legislative bodies consistent with the United
Nations Convention on the Rights of the Child.
SECTION 3. Definition of Terms.
(a) "Child" is a person below eighteen years of age.
(b) "Department" refers to the Department of Social Welfare and Development.
(c) "Dependent child" is one who is without a parent, guardian or custodian, or one whose parents, guardian or other custodian for good cause desires
to be relieved of his care and custody, and is dependent upon the public for support.
(d) "Abandoned child" is one who has no proper parental care or guardianship, or whose parents or guardian has deserted him for a period of at least
six (6) continuous months.
(e) "Neglected child" is one whose basic needs have been deliberately unattended to or inadequately attended to, physically or emotionally, by his
parents or guardian.
(f) "Physical neglect" occurs when the child is malnourished, ill-clad and without proper shelter.
(g) "Emotional neglect" occurs when a child is raped, seduced, maltreated, exploited, overworked or made to work under conditions not conducive to
good health; made to beg in the streets or public places, or when placed in moral danger, or exposed to drugs, alcohol, gambling, prostitution and other vices.
(h) "Disabled child" includes mentally retarded, physically handicapped, emotionally disturbed and mentally ill children, children with cerebral palsy and
those with similar afflictions.
(i) "Mentally retarded child" is one who is (1) socially incompetent, that is, socially inadequate, occupationally incompetent and unable to manage his
own affairs; (2) mentally subnormal; (3) intellectually retarded from birth or early age; (4) retarded at maturity; (5) mentally deficient as a result of constitutional
origin through heredity or diseases or (6) essentially incurable.
(j) "Physically handicapped child" is one who is crippled, deaf-mute, blind, or otherwise suffers from a defect which restricts his means of action or
communication with others.
(k) "Emotionally disturbed child" is one who, although not afflicted with insanity or mental defect, is unable to maintain normal social relations with others
and the community in general due to emotional problems or complexes,
(l) "Mentally ill child" is one with any behavioral disorder, whether functional or organic, which is of such a degree of severity as to require professional
help or hospitalization.
(m) "Commitment" or "surrender of a child" is the legal act of entrusting a child to the care of the Department or any duly licensed child-placement or
child-caring agency or individual by the court, parent or guardian or any interested party.
(n) "Involuntarily committed child" is one whose parents have been permanently and judicially deprived of parental authority due to abandonment;
substantial, continuous, or repeated neglect; abuse; or incompetence to discharge parental responsibilities in accordance with Section 4 herein.
(o) "Voluntarily committed child" is one whose parents knowingly and willingly relinquished parental authority to the Department or any duly licensed
child-placement or child-caring agency or individual in accordance with Section 3 herein.
(p) "Child-placing or child-placement agency" refers to a private non-profit or charitable institution or government agency duly licensed, and accredited
by the Department to provide comprehensive child welfare services, including but not limited to, receiving applications for adoption or foster care, evaluating the
prospective adoptive or foster parents and preparing the home study report.
(q) "Child-caring agency" refers to a private non-profit or charitable institution or government agency duly licensed and accredited by the Department
that provides twenty-four hour residential care services for abandoned, orphaned, neglected, involuntarily or voluntarily committed children.
(r) "Guardian ad litem" is a person appointed by the court where the case is pending for a child sought to be committed to protect his best interests.
(s) "Case Study Report" is a written report of the result of an investigation conducted by a social worker as to the socio-cultural, economic and legal
status or condition of the child sought to be committed. It shall include among others his developmental age, educational attainment, family and social
relationships, the quality of his peer group, his family's strengths and weaknesses and parental control over him. The report is submitted to the Family Court to
aid it in its. evaluation of whether the child ought to be committed to the care of the Department or any duly licensed child-placement or child-caring agency or
individual.
If it appears from the petition that both parents of the child are dead or that neither parent can be found in the province or city where the court is located
and the child has no guardian residing therein, summons may not be issued and the court shall thereupon appoint a guardian ad litem pursuant to Sub-section (f)
below and proceed with the hearing of the case with due notice to the provincial or city prosecutor,
(e) Social Worker. After the court sets the petition for hearing in accordance with Sub-section (d) above, it shall direct the social worker to submit,
before the hearing, a case study report of the child to aid it in evaluating whether said child should be committed to the care of the Department or any duly
licensed child-placement or child-caring agency or individual. The report shall bear the signature of the social worker on every page.
(f) Guardian Ad Litem of Child. If neither of the parents nor the guardian of the child can be located or does not appear in court despite due notice, or
if the court finds them incompetent to protect the best interests of the child, it shall be the duty of the court to appoint a suitable person as guardian ad litem to
represent the child. In making the appointment, the court shall consider the background of the guardian ad litem and his familiarity with the judicial process, social
service programs and child development. A member of the Philippine Bar may be appointed guardian ad litem.
(g) Child's Right to Counsel. The court, upon request of the child capable of forming his own views or upon request of his guardian ad litem, shall
appoint a lawyer to represent him in the proceedings.
(h) Duty of Public Prosecutor. The provincial or city prosecutor shall appear for the State and ascertain if there has been due notice to all parties
concerned and that there is justification for the declaration of dependency, abandonment or neglect.
(i) Hearing. The court shall direct the person or agency which has custody of the child to bring the latter to the court on the date of the hearing of the
petition and shall ascertain the facts and determine whether the child is dependent, abandoned, or neglected, and if so, the cause and circumstances of such
condition.
(j) Judgment. If, after the hearing, the court shall find the child to be dependent, abandoned, or neglected, it shall render judgment committing him to
the care and custody of the Department or any duly licensed child-placement or child-caring agency or individual until he reaches the age of eighteen (18). The
judgment shall likewise make proper provisions for the custody of the property or money belonging to the committed. child.
If the child is committed to the Department, it shall notify the court within thirty (30) days from the order of commitment, the name and address of the duly
licensed and accredited child-placement or child-caring agency or individual where the child shall be placed.
However, if the court finds that the abandonment or neglect of the child may be remedied, the child may be allowed to stay in his own home under the care
and control of his parents or guardian, subject to supervision and direction of the Department.
(k) Visitation or Inspection. Any duly licensed child-placement or child-caring agency or individual to whom a child has been committed by the court
shall be subject to visitation or inspection by a representative of the court or of the Department, as the case may be or of both, to determine whether the welfare
and interests of the child are being served.
(l) Report of Person or Institution. Any duly licensed child-placement or child-caring agency or individual to whom a child has been committed by
judicial order may at any time be required by the court to submit a report, containing all necessary information for determining whether the welfare of the child is
being served.
(m) Temporary Custody of Child. The duly licensed child-placement or child-caring agency or individual to whom a child has been committed may file
a verified motion with the court which granted the petition for involuntary commitment of a child to place him in the care of any suitable person, upon the latter's
request, for a period not exceeding one month at a time. The court may order the social worker to submit a case study report to aid it in evaluating whether such
temporary custody shall be for the best interests of the child. The period of temporary custody of the child may be extended by the court for a period not
exceeding one month at a time upon motion of the duly licensed child-placement or child-caring agency or individual to which the child has been committed.
The court, motu proprio, or upon request of the child assisted by his guardian ad litem, or at the instance of the agency or person to whom the child was
committed, after due notice and hearing, shall discontinue the temporary custody of the child if it appears that he is not being given proper care.
After one month from the date temporary custody of the child was given to another suitable person, the agency or individual shall submit to the court a
verified report on whether the temporary custody of the child has promoted his best interests.
(n) Change of Custody. If the child is committed to the Department, it shall have the authority to change the custody of a child it had
placed with any duly licensed child-placement or child-caring agency or individual if it appears that such change is for the best interests of the child. The
Department shall notify the court of any change in custody of the child.
When conflicting interests arise among child-placement or child-caring agencies, the court which granted the involuntary commitment of the child, upon
motion of the Department or any of the agencies concerned, shall order the change of commitment of the child.
(o) Removal of Custody. A motion to remove custody of a child may be filed by an authorized representative of the Department with knowledge of the
facts against a child-placement or child-caring agency or individual to whose custody a child has been committed by the court on the ground of neglect of such
child as defined in Section 3 (e) of this Rule. The court shall set the motion for hearing with notice to the public prosecutor and the court-designated social worker.
If the court finds after hearing that the allegations of the motion have been established and that it is for the best interests and welfare of the child, the court shall
issue an order removing him from the custody of the person or agency, as the case may be, and committing him to the custody of another duly licensed child-
placement or child-caring agency or individual.
In the same proceeding, the court may suspend or revoke the license of the agency or individual found guilty of such neglect depending upon the gravity or
frequency of the offense.
(p) Restoration of Parental Authority After Involuntary Commitment.
(i) Who may file; Ground. The parents or guardian of a child committed to the care of a person, agency or institution by judicial order
may file a verified motion for the restoration of his rights over the child with the court which granted the involuntary commitment on the ground that he is
now able to take proper care and custody of said child, provided, however, that the child has not yet been adopted. HDATSI
(ii) Notice of Hearing. The court shall fix the time and date for the hearing of the motion, which shall not be earlier than thirty (30) days
nor later than sixty (60) days from the date of the filing of said motion and cause notice of the hearing to be sent to the person, agency or institution to
which the child has been committed, the public prosecutor and the court-designated social worker, at least five (5) days before the date of hearing.
(iii) Hearing. At the hearing, any person may be allowed to intervene at the discretion of the court to contest the right to the relief
demanded. Witnesses may be called and examined by the parties or by the court motu proprio.
(iv) Resolution. If it is found that the cause for the commitment of the child no longer exists and that the movant is already able to take
proper care and custody of the child, the court, after taking into consideration the best interests and the welfare of the child, shall issue a resolution
terminating the parental authority of the person, agency or institution to whom the child was committed by judicial order and restoring parental authority
to the movant.
q) Jurisdiction for Prosecution of Punishable Acts. The Family Court which granted the involuntary commitment shall have jurisdiction over the
prosecution of a child who left without prior permission from the person or institution to which he has been judicially committed or the person under whose
custody he has been judicially committed in accordance with Subsection (m) of Section 4 of this Rule. It shall likewise have jurisdiction over the person who
induced the child to leave such person or institution, except in case of actual or imminent grave physical or moral danger to the child. The Family Court which
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ESGUERRA NOTES 2007
granted the involuntary commitment shall also have jurisdiction over the prosecution of parents or guardians of the child who may be held liable under Articles 59
and 60 of P.D. No. 603 and Sections 9, 10 and 31 of R.A. No. 7610.
SECTION 5. Voluntary Commitment of a Child to an Institution or Individual. The parent or guardian of a dependent, abandoned or
neglected child may voluntarily commit him to the Department or any duly licensed child-placement or child-caring agency or individual subject to the rules of the
Department. However, no child shall be committed unless he is surrendered in writing by his parents or guardian stating such voluntary commitment and
specifically naming the office, agency, or individual to whose custody the child is to be committed. Such written instrument should be notarized and signed in the
presence of an authorized representative of the Department after counseling and other services have been made available to encourage the child's parents to
keep the child.
(a) Petition for removal of Custody.
(i) Who may file; Ground. The parents or guardian who voluntarily committed the child, or in their absence or failure, any person with
knowledge of the facts, may file a verified petition to remove custody of the child against the child-placement or child-caring agency or individual to whose
custody the child has been voluntarily committed on the ground of neglect of such child as defined in Section 3 (e) of this Rule. A child may also be
removed from the custody of the child-placement or child-caring agency or individual on the ground that the voluntary commitment of the child was
unjustified.
(ii) Venue. The petition shall be filed with the Family Court of the province or city where the child-placement or child-caring agency to
which the child has been voluntarily committed is located or where the child may be found.
(iii) Contents of Verified Petition The petition must state:
(1) The name and address of the child-placement or child-caring agency or individual to whose custody the child has been voluntarily
committed; SEIDAC
(2) The facts showing that the child has been neglected by the agency or in cases where the voluntary commitment was unjustified, that the
parents of the child are actually capable of taking care and custody of the child;
(3) The name, address and written consent of the duly licensed child-placement or child-caring agency or individual to whose care the child
may be transferred.
(4) The facts showing that petitioner has exhausted the administrative remedies available to him.
(iv) Notice of Hearing. If the petition is sufficient in form and substance, the court shall set the same for hearing with notice to the
Department, the public prosecutor, the court-designated social worker, the agency or individual to whom the child has been committed and in appropriate
cases, the parents of the child.
(v) Judgment. If after hearing the court finds that the allegations of the petition have been established and that it is for the best interests
and welfare of the child, it shall issue an order removing the child from the custody of the person or agency concerned, and committing him to the custody
of another duly licensed child-placement or child-caring agency or individual.
The court, in the same proceeding may, after hearing the comment or recommendation of the Department, suspend or revoke the license of the agency or
individual found guilty of such neglect depending upon the gravity or frequency of the offense.
(b) Restoration of Parental Authority After Voluntary Commitment. The restoration of rights of the parent or guardian over the child who has been
voluntarily committed shall be governed by the rules of the Department, provided, however, that the petition for restoration is filed within six (6) months from the
date of voluntary commitment. In case the Department refuses to grant legal custody and parental authority to the parent or guardian over the child who has
been voluntarily committed to an agency or individual, the parent or guardian may file a petition in court for restoration of parental authority in accordance with
Section 4 (p) of this Rule.
(c) Jurisdiction for Prosecution of Punishable Acts. The Family Court of the place where the child may be found or where the duly licensed child-
placement or child-caring agency or individual is located shall have jurisdiction over the prosecution of a child who left without prior permission from the person or
institution to which he has been voluntarily committed. It shall likewise have jurisdiction over the person who induced the child to leave such person or institution,
except in case of grave actual or imminent physical or moral danger, to the child. The same Family Court shall also have jurisdiction over the prosecution of
parents or guardians of the child who may be held liable under Articles 59 and 60 of P.D. No. 603 and Sections 9, 10 and 31 of R.A. No. 7610.
order his commitment to the proper institution for disabled children. The court shall likewise make proper provisions for the custody of the property or money
belonging to the committed child.
The expense of maintaining a disabled child in the institution to which he has been committed shall be borne primarily by the parents or guardian and
secondarily, by such disabled child, if he has property of his own.
In all cases where the expenses for the maintenance of the disabled child cannot be paid in accordance with the immediately preceding paragraph, the
Department shall bear the expenses, or such part thereof as may remain unpaid.
The court shall furnish the institution to which the child has been committed with a copy of its judgment, together with all the reports and other data
pertinent to the case.
(f) Discharge of Judicially Committed Disabled Child. Upon motion of the parent, guardian or institution to which the child has been judicially
committed under this rule, the court, after hearing, shall order the discharge of such child if it is established and certified by the Department that:
(1) He is no longer a danger to himself and the community;
(2) He has been sufficiently rehabilitated, from his physical handicap or if of working age, is already fit to engage in gainful occupation; or
(3) He has been sufficiently relieved of his psychological, mental and emotional problems and is ready to assume normal social relations.
SECTION 7. Effectivity. This rule shall take effect on April 15, 2002 after its publication in a newspaper of general circulation not later than March
15, 2002.
[A.M. No. 02-1-18-SC. February 28, 2002.]
RE: PROPOSED RULE ON JUVENILES IN CONFLICT WITH THE LAW
RESOLUTION
Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for this Court's consideration and approval the
Proposed Rule on Juveniles In Conflict With The Law, the Court Resolved to APPROVE the same.
The Rule shall take effect on April 15, 2002 following its publication in a newspaper of general circulation not later than March 15, 2002.
February 28, 2002.
SECTION 1. Applicability of the Rule. This Rule shall apply to all criminal cases involving juveniles in conflict with the law.
A juvenile in conflict with the law is a person who at the time of the commission of the offense is below eighteen (18) years of age but not less than nine (9) years
of age.
This Rule shall not apply to an accused who at the time of initial contact as defined in Section 4(p) of this Rule, or at any time thereafter, shall have
reached the age of eighteen (18), in which case the regular rules on criminal procedure shall apply without prejudice to the rights granted under Sections 36, 37,
38 and 39 of this Rule. (n)
SECTION 2. Objective. The objective of this Rule is to ensure that the justice system treats every juvenile in conflict with the law in a
manner that recognizes and upholds his human dignity and worth, and instills in him respect for the fundamental rights and freedoms of others. The Rule
considers his developmental age and the desirability of his reintegration into and assumption of a constructive role in society in accordance with the principle of
restorative justice.
To attain this objective, the Rule seeks:
a) To provide a procedure in the adjudication of juveniles in conflict with the law that takes into account their distinct circumstances and assures the
parties of a fair hearing with their constitutional and statutory rights recognized and respected;
b) To divert from the justice system juveniles who can be cared for or placed under community-based alternative programs of treatment, training and
rehabilitation in conformity with the principle of restorative justice;
c) To deal with the juvenile in a family environment whenever possible, separate him from his parents only when necessary for his welfare or in the
interest of public safety;
d) To remove from juveniles in conflict with the law the stigma of criminality and the consequences of criminal behavior; and
e) To provide for the care, protection and wholesome moral, mental, and physical development of juveniles in conflict with the law.
SECTION 3. Interpretation. This Rule shall be interpreted liberally to promote the best interests of the child in conformity with Philippine laws and
the United Nations' Convention on the Rights of the Child.
SECTION 4. Definitions. As used in this Rule,
(a) To be in conflict with the law means being charged with the commission of an act defined and punished as a crime or offense under the law,
including violations of traffic laws, rules and regulations, and ordinances of local government units.
(b) Serious offense refers to any offense not covered by Section 1, par. B, Criminal Cases, of the Rule on Summary Procedure, to wit: (1) violations of
traffic laws, rules and regulations; (2) violations of the rental law; (3) violations of municipal or city ordinances; (4) all other offenses punished with imprisonment
not exceeding six months, or a fine not exceeding one thousand pesos (P1,000.00), or both, irrespective of other imposable penalties, accessory or otherwise, or
of the civil liability arising therefrom; provided, however, that in offenses involving damage to property through criminal negligence, the imposable fine is not in
excess of ten thousand pesos (P10,000.00).
(c) Youth detention center refers to a government-owned or operated agency providing habilitating and rehabilitative facilities where a juvenile in conflict
with the law may be physically restricted pending court disposition of the charge against him.
(d) Intake report is a preliminary written report containing the personal and other circumstances of the juvenile in conflict with the law and prepared by
the social worker assigned by the Department of Social Welfare and Development (DSWD) or local government unit to assist him as soon as he enters the
justice system.
(e) Case study report is a written report of the result of an investigation conducted by the social worker designated by the Family Court on the social,
cultural, economic and legal status or condition of the juvenile in conflict with the law. It includes, among others, his developmental age; educational attainment;
family and social relationships; the quality of his peer group; the strengths and weaknesses of his family; parental control over him; his attitude toward the
offense; the harm or damage done to others resulting from the offense; his record of prior offenses, if any; and the attitude of his parents towards his
responsibility for the offense.
(f) Diversion refers to an alternative child-appropriate process of determining the responsibility and treatment of a juvenile in conflict with the law on the
basis of his social, cultural, economic, psychological or educational background without resorting to formal court adjudication.
(g) Diversion programs refer to programs that the juvenile in conflict with the law is required to undergo in lieu of formal court proceedings,
(h) Disposition conference is a meeting held by the court with the social worker who prepared the case study report together with the juvenile in conflict
with the law and his parents or guardian ad litem, for the purpose of determining the disposition measures appropriate to the personal and peculiar
circumstances of the juvenile.
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(i) Recognizance is an undertaking in lieu of a bond assumed by a parent or custodian who shall be responsible for the appearance in court by the
juvenile in conflict with the law when required.
(j) Probation is a disposition alternative under which a juvenile in conflict with the law is released and permitted to remain in his home after conviction
and sentence. The juvenile is subject to conditions imposed in the sentence and to supervision by the court and a probation officer who has the duty to return the
juvenile to the court in case of violation of a condition of his probation.
(k) Suspended sentence is the holding in abeyance of the service of the sentence imposed by the court upon a finding of guilt of the juvenile in conflict
with the law who will undergo rehabilitation.
(l) Community continuum is a community-based group therapy process that provides continuous guidance and support to the juvenile in conflict with the
law upon his release from rehabilitation and his reintegration into society.
(m) Age of criminal responsibility is the age when a juvenile who is nine (9) years or over but under fifteen (15) years commits an offense with
discernment.
(n) Discernment means the mental capacity to understand the difference between right and wrong and its consequences.
(o) Restorative Justice is a principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender, and the
community. It seeks to obtain reparation for the victim, reconciliation of the offender, the offended and the community and reassurance to the offender that he can
be reintegrated into society. It. also enhances public safety by activating the offender, the victim and the community in prevention strategies.
(p) Initial contact is the apprehension or taking into custody of a juvenile in conflict with the law by law enforcement officers or private citizens. It includes
the time when the juvenile receives a subpoena under Section 3 (b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6 (a) or
Sec. 9 (b) of the same Rule in cases that do not require preliminary investigation or where there is no necessity to place the juvenile under immediate custody.
(q) Corporal punishment is any kind of physical punishment inflicted on the body as distinguished from pecuniary punishment or fine.
SECTION 5. Exemption from Criminal Liability . A minor under nine (9) years of age at the time of the commission of the offense shall be
exempt from criminal liability.
A minor nine (9) years and above but under fifteen (15) years of age at the time of the commission of the offense shall be committed to the care of his
father or mother, or nearest relative or family friend; in the sound discretion of the court and subject to its supervision. However, if the prosecution proves that he
has acted with discernment; he shall be proceeded against in accordance with Sections 24 to 28, or 36 to 40 of this Rule, as the case may be, and subjected to a
delinquency prevention program as determined by the court.
Exemption from criminal liability does not include exemption from civil liability which shall be enforced in accordance with the provisions of Article 221 of the
Family Code in relation to Article 101 of the Revised Penal Code and Rule 111 of the Revised Rules of Criminal Procedure.
In case the act or omission of the juvenile involves a quasi-delict, Article 2180 of the Civil Code shall apply.
SECTION 6. Procedure in Taking a Juvenile into Custody. Any person taking into custody a juvenile in conflict with the law shall:
(a) Identify himself and present proper identification to the juvenile;
(b) Inform the juvenile of the reason for such custody and advise him of his constitutional rights in a language or dialect understood by him;
(c) Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on the juvenile;
(d) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint, unless absolutely necessary and only after all
other methods of control have been exhausted and have failed;
(e) Refrain from subjecting the juvenile to greater restraint than is necessary for his apprehension;
(f) Avoid violence or unnecessary force;
(g) Notify the parents of the juvenile or his nearest relative or guardian, if any, and the local social welfare officer as soon as the apprehension is made;
(h) Take the juvenile immediately to an available government medical or health officer for a physical and mental examination. The examination results
shall be kept confidential unless otherwise ordered by the Family Court. Whenever treatment for any physical or mental defect is necessary, steps shall be
immediately taken by the said officer to provide the juvenile with the necessary and proper treatment; and
(i) Hold the juvenile in secure quarters separate from that of the opposite sex and adult offenders.
SECTION 7. Taking Custody of a Juvenile Without a Warrant. A peace officer or a private person taking into custody a juvenile in conflict with
the law without a warrant shall likewise follow the provisions of Sections 5, 8 and 9 of Rule 113 of the Revised Rules of Criminal Procedure and shall forthwith
deliver him to the nearest police station. The juvenile shall be proceeded against in accordance with Section 7 of Rule 112.
SECTION 8. Conduct of Initial Investigation by the Police. The police officer conducting the initial investigation of a juvenile in
conflict with the law shall do so in the presence of either of the parents of the juvenile; in the absence of both parents, the guardian or the nearest relative, or a
social welfare officer, and the counsel of his own choice. In their presence, the juvenile shall be informed of his constitutional rights during custodial investigation.
The right of the juvenile to privacy shall be protected at all times. All measures necessary to promote this right shall be taken, including the exclusion
of the media.
SECTION 9. Fingerprinting and Photographing of the Juvenile. While under investigation, no juvenile in conflict with the law shall
be fingerprinted or photographed in a humiliating and degrading manner. The following guidelines shall be observed when fingerprinting or photographing the
juvenile:
(a) His fingerprint and photograph files shall be kept separate from those of adults and shall be kept confidential. They may be inspected by law
enforcement officers only when necessary for the discharge of their duties and upon prior authority of the Family Court; TADCSE
(b) His fingerprints and photographs shall be removed from the files and destroyed: (1) if the case against him is not filed, or is dismissed; or (2) when
the juvenile reaches twenty one (21) years of age and there is no record that he committed an offense after reaching eighteen (18) years of age.
SECTION 10. Intake Report by the Social Welfare Officer . Upon the taking into custody of a juvenile in conflict with the law, the social welfare
officer assigned to him by the DSWD shall immediately under take a preliminary background investigation of the juvenile and submit, prior to arraignment of the
juvenile, a report on his findings to the Family Court in which the case may be filed.
SECTION 11. Filing of Criminal Action. A criminal action may be instituted against a juvenile in conflict with the law by filing a complaint with the
prosecutor or the municipal trial court in cases where a preliminary investigation is required. In Manila and other chartered cities, if their charters so provide, the
complaint shall be filed with the Office of the Prosecutor. It may also be filed directly with the Family Court if no preliminary investigation is required under Section
1 of Rule 112 of the Revised Rules of Criminal Procedure.
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All criminal actions commenced by complaint or information shall be prosecuted under the direction and control of the public prosecutor assigned to the
Family Court.
SECTION 12. Prosecution of Civil Action. When a criminal action is instituted against a juvenile in conflict with the law, the action for recovery of
civil liability arising from the offense charged shall be governed by Rule 111 of the Revised Rules of Criminal Procedure.
SECTION 13. Preliminary Investigation. As far as consistent with this Rule, the preliminary investigation of a juvenile in conflict with the law shall
be governed by Section 3 of Rule 112 of the Revised Rules of Criminal Procedure. If clarificatory questions become necessary, the Rule on Examination of a
Child Witness shall apply.
If a preliminary investigation is required before the filing of a complaint or information, the same shall be conducted by the judge of the Municipal Trial Court
or the public prosecutor in accordance with the pertinent provisions of Rule 112 of the Revised Rules of Criminal Procedure.
If the investigating prosecutor finds probable cause to hold the juvenile for trial, he shall prepare the corresponding resolution and information for approval
by the provincial or city prosecutor, as the case may be. The juvenile, his parents/nearest relative/guardian and his counsel shall be furnished forthwith a copy of
the approved resolution.
SECTION 14. Venue. Subject to the provisions of Section 15, Rule 110 of the Revised Rules of Criminal Procedure, any criminal or civil action
involving a juvenile in conflict with the law shall be instituted and tried in the Family Court of or nearest the place where the offense was committed or where any
of its essential elements occurred.
SECTION 15. Recognizance. Before final conviction, all juveniles charged with offenses falling under the Revised Rule on Summary Procedure
shall be released on recognizance to the custody of their parents or other suitable person who shall be responsible for the juveniles' appearance in court
whenever required.
SECTION 16. When Bail a Matter of Right. All juveniles in conflict with the law shall be admitted to bail as a matter of right before final conviction
of an offense not punishable by death, reclusion perpetua or life imprisonment.
In the event the juvenile cannot post bail for lack of financial resources, the Family Court shall commit the juvenile pursuant to Section 18 of this Rule.
However, where the juvenile does not pose a threat to public safety, the Family Court may, motu proprio or upon motion and recommendation of the
DSWD, release the juvenile on recognizance to the custody of his parents or other responsible person.
SECTION 17. When Bail Not A Matter of Right. No juvenile charged with an offense punishable by death, reclusion perpetua or life
imprisonment shall be admitted to bail when evidence of guilt is strong.
SECTION 18. Care of Juveniles in Conflict with the Law. The juvenile charged with having committed a delinquent act, held for trial or while the
case is pending appeal, if unable to furnish bail or is denied bail, shall, from the time of his being taken into custody, be committed by the Family Court to the care
of the DSWD, a youth detention center, or a local rehabilitation center recognized by the government in the province, city or municipality within the jurisdiction of
the said court. The center or agency concerned shall be responsible for the juvenile's appearance in court whenever required. In the absence of any such center
or agency within a reasonable distance from the venue of the trial, the juvenile shall be detained in the provincial, city or municipal jail which shall provide
adequate quarters for the juvenile separate from adult detainees and detainees of the opposite sex.
SECTION 19. Case Study Report. After the institution of the criminal action, the social worker of the Family Court shall immediately undertake a
case study of the juvenile and his family, his environment and such other matters relevant to the proper disposition of the case. His report shall be submitted
within the period fixed by the Family Court, preferably before arraignment, to aid it in the proper disposition of the case.
SECTION 20. Diversion Proceedings Before Arraignment. Where the maximum penalty imposed by law for the offense with which the juvenile
in conflict with the law is charged is imprisonment of not more than six (6) months, regardless of fine or fine alone regardless of amount, and the corresponding
complaint or information is filed with the Family Court, the case shall not be set for arraignment; instead, it shall forthwith be referred to the Diversion Committee
which shall determine whether the juvenile can be diverted and referred to alternative measures or services offered by non-court institutions. Pending
determination by the Committee, the court shall deliver the juvenile on recognizance to the custody of his parents or legal guardian who shall be responsible for
the presence of the juvenile during the diversion proceedings.
SECTION 21. Diversion Committee. In each Family Court, there shall be a Diversion Committee to be composed of its branch clerk of court as
chairperson, and the prosecutor, a lawyer of the Public Attorney's Office and the social worker assigned to the said Family Court as members.
The chairperson of the Committee shall call for a conference with notice to the juvenile, his parents/legal guardian and his counsel, and the private
complainant and his counsel, and recommend to the Family Court whether the juvenile should be diverted to a diversion program or undergo formal court
proceedings. In making its recommendation, the Committee shall consider the following factors:
a) The record of the juvenile on his conflict with the law;
b) Whether the imposable maximum penalty of the offense is more than six (6) months, regardless of fine; or only a fine, regardless of amount;
c) Whether the juvenile is an obvious threat to himself and/or the community;
d) Whether the juvenile is unrepentant;
e) Whether the juvenile or his parents are indifferent or hostile; and
Whether the juvenile's relationships with his peers increase the possibility of delinquent behavior.
If the Committee recommends diversion, it shall submit the diversion program for the juvenile for the consideration and approval of the court.
The Committee cannot recommend diversion should the juvenile or the private complainant object thereto. If no diversion program is recommended, the
court shall include the case in its calendar for formal proceedings.
Consent to diversion by the juvenile or payment by him of civil indemnity shall not in any way be construed as admission of guilt and used as evidence
against him in the event that his case is included in the court calendar for formal proceedings.
SECTION 22. Diversion Programs. The diversion program designed by the Committee shall be distinct to each juvenile in conflict with the law
limited for a specific period. It may include any or a combination of the following:
a) Written or oral reprimand or citation;
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b) Return of property;
c) Payment of the damage caused;
d) Written or oral apology;
e) Guidance and supervision orders;
f) Counseling for the juvenile and his family;
g) Training, seminars and lectures on (i) anger management skills; (ii) problem-solving and/or conflict resolution skills; (iii) values formation; and (iv)
other skills that will aid the juvenile to properly deal with situations that can lead to a repetition of the offense;
h) Participation in available community-based programs;
i) Institutional care and custody; or j) Work-detail program in the community.
SECTION 23. Hearing of Diversion Program. The Family Court shall set the recommendation and diversion program for hearing within ten (10)
days from receipt thereof.
SECTION 24. Undertaking. In all cases where a juvenile in conflict with the law is given the benefit of a diversion program, an undertaking
describing the program shall be signed by him, his parents or legal guardian and the complainant, and approved by the Family Court. The program, which shall
be enforced under the supervision and control of the Family Court, shall contain the following terms and conditions:
a) The juvenile shall present himself to the social worker of the Family Court that approved the diversion program at least once a month for evaluation
of its effectiveness. Whenever the juvenile is permitted to reside in a place under the jurisdiction of another Family Court, control and supervision over him shall
be transferred to the Family Court of that place, and in such case, a copy of the undertaking, the intake and case study reports and other pertinent records shall
be furnished the said court. Thereafter, the Family Court to which jurisdiction over the juvenile is transferred shall have the power with respect to the latter that
was previously possessed by the Family Court that approved the diversion and such other conditions as the Committee may deem just and proper under the
circumstances.
b) The juvenile shall faithfully comply with the terms and conditions in the undertaking. His non-compliance shall be referred by the Committee to the
Family Court where the case has been transferred for a show-cause hearing with notice to the juvenile and private complainant. The court shall determine
whether the juvenile should continue with the diversion program or his case returned to the original court for formal proceedings.
The Family Court shall exert its best efforts to secure satisfaction of the civil liability of the juvenile and his parents or guardian. However, inability to pay
the said liability shall not by itself be a ground to discontinue the diversion program of the juvenile.
SECTION 25. Closure Order. The juvenile subject of diversion proceedings shall be visited periodically by the Family Court social worker who
shall submit to the Committee his reports thereon. At any time before or at the end of the diversion period, a report recommending closure or extension of
diversion, as the case may be, shall be filed by the Committee with the Family Court. The report and recommendation shall be heard by the Family Court within
fifteen (15) days from its receipt thereof, with notice to the members of the Committee, the juvenile and his parents or legal guardian and counsel and the
complainant to determine whether the undertaking has been fully and satisfactorily complied with. If the juvenile has complied with his undertaking, the Family
Court shall issue the corresponding closure order terminating the diversion program. It may, however, extend the period of diversion to give the juvenile a further
chance to be rehabilitated. In the event the court finds that the diversion program will no longer serve its. purpose, it shall include the case of the juvenile in its
calendar for formal proceedings.
SECTION 26. Duty of the Family Court to Protect the Rights of the Juvenile. In all criminal proceedings in the Family Court, the judge shall
ensure the protection of the following rights of the juvenile in conflict with the law:
a) To be presumed innocent until the contrary is proved beyond reasonable doubt;
b) To be informed promptly and directly of the nature and cause of the charge against him, and if appropriate, through his parents or legal guardian;
c) To be present at every stage of the proceedings, from arraignment to promulgation of judgment. The juvenile may, however, waive his presence at
the trial pursuant to the stipulations set forth in his bail, unless his presence at the trial is specifically ordered by the court for purposes of identification. The
absence of the juvenile without justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be present thereat. When the
juvenile under custody escapes, he shall be deemed to have waived his right to be present in all subsequent hearings until custody over him is regained;
d) To have legal and other appropriate assistance in the preparation and presentation of his defense;
e) To testify as a witness in his own behalf and subject to cross-examination only on matters covered by direct examination, provided that the Rule on
the Examination of a Child Witness shall be observed whenever convenient and practicable.
The juvenile shall not be compelled to be a witness against himself and his silence shall not in any manner prejudice him;
f) To confront and cross-examine the witnesses against him;
g) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf;
h) To have speedy and impartial trial, with legal or other appropriate assistance and preferably in the presence of his parents or legal guardian, unless
such presence is considered not to be in the best interests of the juvenile taking into account his age or other peculiar circumstances;
(i) To appeal in all cases allowed and in the manner prescribed by law;
j) To be accorded all the rights under the Rule on Examination of a Child Witness; and
k) To have his privacy fully respected in all stages of the proceedings.
SECTION 27. Arraignment and Plea. The provisions of Rules 116 and 117 of the Revised Rules of Criminal Procedure shall apply to the
arraignment of the juvenile in conflict with the law. The arraignment shall be scheduled within seven (7) days from the date of the filing of the complaint or
information with the Family Court, unless a shorter period is provided for by law.
Arraignment shall be held in chambers and conducted by the judge by furnishing the juvenile a copy of the complaint or information, reading the same in a
language or dialect known to and understood by him, explaining the nature and consequences of a plea of guilty or not guilty and asking him what his plea is.
SECTION 28. Pre-trial. The provisions of Rule 118 of the Revised Rules of Criminal Procedure shall govern the pre-trial of the juvenile
in conflict with the law. Agreements or admissions made during the pre trial conference shall be in writing and signed by the juvenile, his parents or guardian and
his counsel; otherwise, they cannot be used against him.
Whenever possible and practicable, the Family Court shall explore all possibilities of settlement of the case, except its criminal aspect. Plea
bargaining shall be resorted to only as a last measure when it will serve the best interests of the juvenile and the demands of restorative justice.
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SECTION 29. Trial. All hearings shall be conducted in a manner conducive to the best interests of the juvenile and in an environment
that will allow him to participate fully and freely in accordance with the Rule on Examination of a Child Witness.
SECTION 30. Guiding Principles in Judging the Juvenile. Subject to the provisions of the Revised Penal Code, as amended, and
other special laws, the judgment against a juvenile in conflict with the law shall be guided by the following principles:
1. It shall be in proportion to the gravity of the offense, and shall consider the circumstances and the best interests of the juvenile, the rights of the
victim, the needs of society in line with the demands of restorative justice.
2. Restrictions on the personal liberty of the juvenile shall be limited to the minimum. Where discretion is given by law to the judge to determine whether
the penalty to be imposed is fine or imprisonment, the imposition of the latter should be preferred as the more appropriate penalty.
3. No corporal punishment shall be imposed.
SECTION 31. Promulgation of Sentence. If after trial the Family Court should find the juvenile in conflict with the law guilty, it shall impose the
proper penalty, including any civil liability which the juvenile may have incurred, and promulgate the sentence in accordance with Section 6, Rule 120 of the
Revised Rules of Criminal Procedure.
SECTION 32. Automatic Suspension of Sentence and Disposition Orders. The sentence shall be suspended without need of application by
the juvenile in conflict with the law. The court shall set the case for disposition conference within fifteen (15) days from the promulgation of sentence which shall
be attended by the social worker of the Family Court, the juvenile, and his parents or guardian ad litem. It shall proceed to issue any or a combination of the
following disposition measures best suited to the rehabilitation and welfare of the juvenile:
1. Care, guidance, and supervision orders;
2. Community service orders;
3. Drug and alcohol treatment;
4. Participation in group counseling and similar activities;
5. Commitment to the Youth Rehabilitation Center of the DSWD or other centers for juveniles in conflict with the law authorized by the Secretary of the
DSWD.
The Social Services and Counseling Division (SSCD) of the DSWD shall monitor the compliance by the juvenile in conflict with the law with the disposition
measure and shall submit regularly to the Family Court a status and progress report on the matter. The Family Court may set a conference for the evaluation of
such report in the presence, if practicable, of the juvenile, his parents or guardian, and other persons whose presence may be deemed necessary.
The benefits of suspended sentence shall not apply to a juvenile in conflict with the law who has once enjoyed suspension of sentence, or to one who is
convicted of an offense punishable by death, reclusion perpetua or life imprisonment, or when at the time of promulgation of judgment the juvenile is already
eighteen (18) years of age or over.
SECTION 33. Discharge of Juvenile Subject of Disposition Measure. Upon the recommendation of the SSCD and a duly authorized officer of
the DSWD, the head of an appropriate center or the duly accredited child-caring agency which has custody over the juvenile, the Family Court shall, after due
notice to all parties and hearing, dismiss the case against the juvenile who has been issued disposition measures, even before he has reached eighteen (18)
years of age, and order a final discharge if it finds that the juvenile has behaved properly and has shown the capability to be a useful member of the community.
If the Family Court, however, finds that the juvenile has not behaved properly, has been incorrigible, has not shown the capability of becoming a useful
member of society, has willfully failed to comply with the conditions of his disposition or rehabilitation program, or should his continued stay in the training
institution where he has been assigned be not in his best interests, he shall be brought before the court for execution of his judgment.
If the juvenile in conflict with the law has reached the age of eighteen (18) years while in commitment, the Family Court shall determine whether to dismiss
the case in accordance with the first paragraph of this Section or to execute the judgment of conviction. In the latter case, unless the juvenile has already availed
of probation under Presidential Decree No. 603 or other similar laws, he may apply for probation if qualified under the provisions of the Probation Law.
The final release of the juvenile shall not extinguish his civil liability. The parents and other persons exercising parental authority over the juvenile shall be
civilly liable for the injuries and damages caused by the acts or omissions of the juvenile living in their company and under their parental authority subject to the
appropriate defenses provided by law.
SECTION 34. Probation as an Alternative to Imprisonment. After promulgation of sentence and upon application at any time by the juvenile in
conflict with the law within the period to appeal, the Family Court may place the juvenile on probation, if he is qualified under the Probation Law.
SECTION 35. Credit in Service of Sentence. The juvenile in conflict with the law who has undergone preventive imprisonment shall be credited
in the service of his sentence consisting of deprivation of liberty, with the full time during which he has undergone preventive imprisonment, if he agrees
voluntarily in writing to abide by the same or similar disciplinary rules imposed upon convicted prisoners, except in any of the following cases:
1. When the juvenile is a recidivist or has been convicted previously twice or more times of any crime; or
2. When upon being summoned for execution of sentence, he failed to surrender voluntarily.
If the juvenile does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence
with four-fifths of the time during which he has undergone preventive imprisonment.
Whenever the juvenile has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense
charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the same is under review. In case the maximum penalty to which the juvenile may be sentenced is destierro, he shall be
released after thirty (30) days of preventive imprisonment.
Any form of physical restraint imposed on the juvenile in conflict with the law, including community service and commitment to a rehabilitation center, shall
be considered preventive imprisonment.
SECTION 36. Confidentiality of Proceedings and Records. All proceedings and records involving juveniles in conflict with the law from initial
contact until final disposition of the case by the Family Court shall be considered privileged and confidential. The public may be excluded from the proceedings
and, pursuant to the provisions of Section 31 of the Rule on Examination of a Child Witness, the records shall not be disclosed directly or indirectly to anyone by
any of the parties or the participants in the proceedings for any purpose whatsoever, except to determine if the juvenile may have his sentence suspended under
Section 25 of this Rule or if he may be granted probation under the Probation Law, or to enforce the civil liability imposed in the criminal action.
The Family Court shall take other measures to protect this confidentiality of proceedings including non-disclosure of records to the media, the maintenance
of a separate police blotter for cases involving juveniles in conflict with the law and the adoption of a system of coding to conceal material information, which will
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lead to the juvenile's identity. Records of juveniles in conflict with the law shall not be used in subsequent proceedings or cases involving the same offender as an
adult.
SECTION 37. Non-liability for perjury or concealment or misrepresentation. Any person who has been in conflict with the law as a juvenile
shall not be held guilty of perjury or of concealment or misrepresentation by reason of his failure to acknowledge the case or recite any fact related thereto in
response to any inquiry made to him for any purpose.
SECTION 38. Sealing of Records. The Family Court motu proprio, or on application of a person who has been adjudged a juvenile in conflict with
the law, or if still a minor, on motion of his parents or legal guardian, shall, upon notice to the prosecution and after hearing, order the sealing of the records of the
case if it finds that two (2) years have elapsed since the final discharge of the juvenile after suspension of sentence or probation, or from the date of the closure
order and he has no pending case of an offense or a crime involving moral turpitude.
Upon entry of the order, the case shall be treated as if it never occurred. All index references shall be deleted and in case of inquiry, the Family Court,
prosecution, law enforcement officers and all other offices and agencies that dealt with the case shall reply that no record exists with respect to the juvenile
concerned. Copies of the order shall be sent to these officials and agencies named in the order. Inspection of the sealed records thereafter may be permitted
only by order of the Family Court upon petition. of the juvenile who is the subject of the records or of other proper parties.
This procedure shall be without prejudice to the rule on destruction of video or audio tapes under Section 31 of the Rule on the Examination of a Child
Witness.
SECTION 39. Prohibition Against Labeling. In the conduct of proceedings from initial contact with the juvenile in conflict with the law to the final
disposition of the case, there shall be no branding or labeling of the latter as a young criminal, juvenile delinquent, prostitute, vagrant, or attaching to him in any
manner any derogatory name. Likewise, no discriminatory remarks and practices shall be allowed, particularly with respect to the juvenile's social or economic
status, physical disability or ethnic origin.
SECTION 40. Contempt Powers. A person who directly or indirectly disobeys any order of the Family Court or obstructs or interferes with its
proceedings or the enforcement of its orders issued under this Rule shall be liable for contempt of court.
SECTION 41. Effectivity. This rule shall take effect on April 15, 2002 after its publication in a newspaper of general circulation not later than March
15, 2002.
Par. 4. ANY PERSON WHO, WHILE PERFORMING A LAWFUL ACT WITH DUE CARE, CAUSES AN INJURY BY
MERE ACCIDENT WITHOUT FAULT OR INTENTION OF CAUSING IT.
ELEMENTS:
1. A person performing a lawful act;
2. With due care;
3. He causes an injury to another by mere accident;
4. Without fault or intention of causing it.
Striking another with a gun in self-defense, even if it fired and seriously injured the assailant is a lawful act.
ACCIDENT something that happen outside the sway of our will and although it comes about through some act of our
will, lies beyond the bounds of humanly foreseeable consequences.
- If the consequences are plainly foreseeable, it will be a case of negligence.
US v. Tanedo (1910)
Facts: The accused, while hunting, saw wild chickens and fired a shot. The slug, after hitting a wild chicken,
recoiled and struck the tenant who was a relative of the accused. The man who was injured died.
Held: If life is taken by misfortune or accident while the actor is in the performance of a lawful act executed with
due care and without intention of doing harm, there is no criminal liability.
Facts: The wife of the accused was washing dishes in the kitchen when her son was shot with a shotgun by her
husband. Conchita claimed that she and her husband quarreled before the incident and then her husband left the kitchen
got his shotgun and went back to the kitchen to shoot his son.
Accused claimed that it was only an accident. He was merely cleaning his gun and the gun accidentally went off
and his sons buttock was hit.
Held: The exemption from criminal liability under the circumstance showing accident is based on the lack of
criminal intent. In the case at bar, accused got his shotgun and returned to the kitchen to shoot his son who had
intervened in the quarrel between the former and his wife. There was clear intent to fire and not mere accident.
Par 5. ANY PERSON WHO ACTS UNDER THE COMPULSION OF AN IRRESISTIBLE FORCE.
ELEMENTS:
1. That the compulsion is by means of physical force.
2. That the physical force must be irresistible.
3. That the physical force must come from a third person
Before force can be considered to be an irresistible one, it must produce such an effect upon the individual that, in spite
of all resistance, it reduces him to a mere instrument and, as such, incapable of committing a crime.
The irresistible force can never consist in an impulse or passion or obfuscation. It must consist of an extraneous force
coming from a third person.
A person who acts under the compulsion of an irresistible force, like one who acts under the impulse of uncontrollable
fear of equal or greater injury is exempt from criminal liability because he does not act with freedom.
US v. Elicanal (1916)
Facts: The accused was a member of the crew of a lorcha and Guiloresa was the chief mate. The latter mentioned
that he was going to kill the captain because he was very angry with him and asked him to assist him. The accused took
this statement as a joke and he was smiling only when he made the statement. The following morning, Guillermo assaulted
the captain and with the help of the crew (except the accused) seized the captain and tied him with a rope. Guillermo then
struck the captain at the back of the neck with an iron bar and then, delivering the weapon to the accused ordered him to
come forward and assist. The accused struck the captain on the head which caused the latters death.
Held: Before one uses the defense of acting under uncontrollable fear, it must appear that the threat which
caused the fear was an evil greater than or at least equal to that which he required to commit and that it promised an evil
of such gravity and imminence that it might be said that the ordinary man would have succumbed to it. Evidence fails to
establish that the threat directed to the accused by the chiefmate, if any, was of such character as to deprive him of all
volition and to make him a mere instrument without will. The fear was not insuperable.
US v. Caballeros (1905)
Facts: The defendants have been sentenced as accessories in the crime of assassination of 4 American school
teachers. The defendants took part in the burial of the corpses of the victims.
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Held: The defendant Baculi is exempt from criminal liability because he only assisted in the burial because he was
compelled to do so by the murderers. As to defendant Caballeros, there is no proof that he took part in any way in the
execution of the crime. His confession cannot be accepted as proof on a trial because it was not done voluntarily.
US v. Exaltation (1905)
Facts: Exaltation and Tanchico were convicted with rebellion based on documents found in the house of a certain
Contreras, a so-called general of bandits, which contained the signatures of defendants swearing allegiance to the
Katipunan.
Defendants aver that these documents were signed under duress and fear of death. They allege further that they
were abducted by thieves and that these men forced the defendants to sign the documents
Held: The duress under which the defendants acted relieved them from criminal liability. Prosecution was unable
to prove the guilt of the accused and testimonies of witnesses for the accused further corroborated their defense.
Ty v. People (supra)
Facts: Ty's mother Chua Lao So Un was confined at the Manila Doctors' Hospital from October 1990 until June
1992. Being the patient's daughter, Ty signed the "Acknowledgment of Responsibility for Payment" in the Contract of
Admission. Ty's sister, Judy Chua, was also confined at the same hospital. The total hospital bills of the two patients
amounted to P1,075,592.95. Ty executed a promissory note wherein she assumed payment of the obligation in
installments. To assure payment of the obligation, she drew 7 postdated checks against Metrobank payable to the hospital
which were all dishonored by the drawee bank and returned unpaid to the hospital due to insufficiency of funds. For her
defense, Ty claimed that she issued the checks because of an uncontrollable fear of a greater injury She averred that she
was forced to issue the checks to obtain release for her mother who was being inhumanely and harshly treated by the
hospital. She alleged that her mother has comtemplated suicide if she would not be discharged from the hospital. Ty was
found guilty by the lower courts of 7 counts of violation of BP22.
Held:The court sustained the findings of the lower courts. The evil sought to be avoided is merely expected or
anticipated. If the evil sought to be avoided is merely expected or anticipated or may happen in the future, the defense of
an uncontrollable fear of a greater injury is not applicable. Ty could have taken advantage of an available option to avoid
committing a crime. By her own admission, she had the choice to give jewelry or other forms of security instead of
postdated checks to secure her obligation.
Moreover, for the defense of state of necessity to be availing, the greater injury feared should not have been
brought about by the negligence or imprudence, more so, the willful inaction of the actor. In this case, the issuance of the
bounced checks was brought about by Ty's own failure to pay her mother's hospital bills.
Par 6. ANY PERSON WHO ACTS UNDER THE IMPULSE OF AN UNCONTROLLABLE FEAR OF AN EQUAL OR
GREATER INJURY.
ELEMENTS:
1. That the threat which causes the fear is of an evil greater than or at least equal to, that which he is required
to commit;
2. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it.
REQUISITES: a. existence of an uncontrollable fear; b. the fear must be real and imminent; and c. the fear of an injury is
greater than or at least equal to that committed.
Duress as a valid defense should be based on real, imminent or reasonable fear for ones life or limb and should not be
speculative, fanciful or remote fear.
A threat of future injury is not enough. The compulsion must be of such a character as to leave no opportunity to the
accused for escape or self-defense in equal combat.
The case of US v. Exaltation is also an example were there is real, imminent or reasonable fear.
JUSTIFYING EXEMPTING
There is neither a crime There is a crime but no
nor a criminal. criminal. The act is not
justified but the actor is
not criminally liable.
No civil liability except in There is civil liability
no. 4 except no. 4 and 7.
Par. 7 ANY PERSON WHO FAILS TO PERFORM AN ACT REQUIRED BY LAW, WHEN PREVENTED BY SOME
LAWFUL OR INSUPERABLE CAUSE.
ELEMENTS:
1. That an act is required by law to be done;
2. That a person fails to perform such act;
3. That his failure to perform such act was due to some lawful or insuperable cause.
US v. Vicentillo (1911)
A policeman charged cannot be held liable for illegal detention when after arresting his victims, it took him three
days to reach the nearest judge. The distance which required a journey for three days was considered to be an insuperable
cause.
3. MITIGATING CIRCUMSTANCES
Mitigating circumstances are those which, if present in the commission of the crime, do not entirely free the actor
from criminal liability, but serve only to reduce the penalty.
They are based on the diminution of either freedom of action, intelligence or intent or on the lesser perversity of
the offender.
1. ORDINARY MITIGATING
- Those mentioned in subsections 1 to 10 of Art. 13.
2. PRIVILEGED MITIGATING
Art. 68. Penalty to be imposed upon a person under eighteen years of age. When the offender is a minor under
eighteen years and his case is one coming under the provisions of the paragraphs next to the last of Article 80 of this
Code, the following rules shall be observed:
1. Upon a person under fifteen but over nine years of age, who is not exempted from liability by reason of the
court having declared that he acted with discernment, a discretionary penalty shall be imposed, but always lower by two
degrees at least than that prescribed by law for the crime which he committed.
2. Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law
shall be imposed, but always in the proper period.
Art. 69. Penalty to be imposed when the crime committed is not wholly excusable. A penalty lower by one or
two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some
of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in Article
11 and 12, provided that the majority of such conditions be present. The courts shall impose the penalty in the period
which may be deemed proper, in view of the number and nature of the conditions of exemption present or lacking.
ORDINARY MC PRIVILEDGED MC
Susceptible of being offset Cannot be offset by
by any aggravating aggravating circumstance
circumstance
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NOTE: Mitigating circumstances only reduce the penalty but do not change the nature of the crime.
Par. 1- THOSE MENTIONED IN THE PRECEDING CHAPTER, WHEN ALL THE REQUISITES NECESSARY TO JUSTIFY
OR TO EXEMPT FROM CRIMINAL LIABILITY IN THE RESPECTIVE CASES ARE NOT ATTENDANT.
The circumstances of justification or exemption which may give place to mitigation, because not all the requisites
necessary to justify the act or to exempt from criminal liability in the respective cases are attendant, are the ff:
1. Self-defense
2. Defense of Relatives
3. Defense of Strangers
4. State of necessity
5. Performance of duty
6. Obedience to order of superior
7. Minority over 9 and under 15 years of age
8. Causing injury by mere accident
9. Uncontrollable fear
In these 3 classes of defense, UNLAWFUL AGGRESSION must always be present. It is an indispensable requisite.
Par. 1 of Art. 13 is applicable only when unlawful aggression is present but the other 2 requisites are not present in any
of the cases referred to in circumstances number 1, 2 and 3 or Art. 11.
Ex. When the one making defense against unlawful aggression used unreasonable means to prevent or repel it, he is
entitled to a privileged mitigating circumstance.
Avoidance of greater evil or injury is a justifying circumstance if all the three requisites mentioned in par. 4 of Art. 11
are present. But if any of the last two requisites is lacking, there is only a mitigating circumstance.
b. That the injury caused or offense committed be the necessary consequence of the due performance of such
duty or the lawful exercise of such right or office.
In People v. Oanis, the SC considered one of the 2 requisites as constituting the majority. It seems that there is
no ordinary mitigating circumstance under Art. 13 par. 1 when the justifying or exempting circumstance has 2 requisites
only.
If the 2nd requisite and 1st part of the 4th requisite are absent, the case will fall under Art. 365 which punishes
reckless imprudence.
If the 1st requisite and 2nd part of the 4th requisite are absent, it will be an intentional felony.
Par. 2 THAT THE OFFENDER IS UNDER 18 YEARS OF AGE OR OVER 70 YEARS. IN THE CASE OF THE MINOR,
HE SHALL BE PROCEEDED AGAINST IN ACCORDANCE WITH THE PROVISIONS OF ART. 80.
Art. 80. Suspension of sentence of minor delinquents. Whenever a minor of either sex, under sixteen
years of age at the date of the commission of a grave or less grave felony, is accused thereof, the court, after hearing the
evidence in the proper proceedings, instead of pronouncing judgment of conviction, shall suspend all further proceedings
and shall commit such minor to the custody or care of a public or private, benevolent or charitable institution, established
under the law of the care, correction or education of orphaned, homeless, defective, and delinquent children, or to the
custody or care of any other responsible person in any other place subject to visitation and supervision by the Director of
Public Welfare or any of his agents or representatives, if there be any, or otherwise by the superintendent of public schools
or his representatives, subject to such conditions as are prescribed herein below until such minor shall have reached his
majority age or for such less period as the court may deem proper.
The court, in committing said minor as provided above, shall take into consideration the religion of such minor,
his parents or next of kin, in order to avoid his commitment to any private institution not under the control and supervision
of the religious sect or denomination to which they belong.
The Director of Public Welfare or his duly authorized representatives or agents, the superintendent of public
schools or his representatives, or the person to whose custody or care the minor has been committed, shall submit to the
court every four months and as often as required in special cases, a written report on the good or bad conduct of said
minor and the moral and intellectual progress made by him.
The suspension of the proceedings against a minor may be extended or shortened by the court on the
recommendation of the Director of Public Welfare or his authorized representative or agents, or the superintendent of
public schools or his representatives, according as to whether the conduct of such minor has been good or not and whether
he has complied with the conditions imposed upon him, or not. The provisions of the first paragraph of this article shall
not, however, be affected by those contained herein.
If the minor has been committed to the custody or care of any of the institutions mentioned in the first paragraph
of this article, with the approval of the Director of Public Welfare and subject to such conditions as this official in
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accordance with law may deem proper to impose, such minor may be allowed to stay elsewhere under the care of a
responsible person.
If the minor has behaved properly and has complied with the conditions imposed upon him during his
confinement, in accordance with the provisions of this article, he shall be returned to the court in order that the same may
order his final release.
In case the minor fails to behave properly or to comply with the regulations of the institution to which he has
been committed or with the conditions imposed upon him when he was committed to the care of a responsible person, or
in case he should be found incorrigible or his continued stay in such institution should be inadvisable, he shall be returned
to the court in order that the same may render the judgment corresponding to the crime committed by him.
The expenses for the maintenance of a minor delinquent confined in the institution to which he has been
committed, shall be borne totally or partially by his parents or relatives or those persons liable to support him, if they are
able to do so, in the discretion of the court; Provided, That in case his parents or relatives or those persons liable to
support him have not been ordered to pay said expenses or are found indigent and cannot pay said expenses, the
municipality in which the offense was committed shall pay one-third of said expenses; the province to which the
municipality belongs shall pay one-third; and the remaining one-third shall be borne by the National Government:
Provided, however, That whenever the Secretary of Finance certifies that a municipality is not able to pay its share in the
expenses above mentioned, such share which is not paid by said municipality shall be borne by the National Government.
Chartered cities shall pay two-thirds of said expenses; and in case a chartered city cannot pay said expenses, the internal
revenue allotments which may be due to said city shall be withheld and applied in settlement of said indebtedness in
accordance with section five hundred and eighty-eight of the Administrative Code.
Par. 3 THAT THE OFFENDER HAD NO INTENTION TO COMMIT SO GR A WRONG AS THAT COMMITTED.
This circumstance can be taken into account only when the facts proven show that there is a notable and
evident disproportion between the means employed to execute the criminal act and its consequences.
The intention, as an internal act, is judged not only by the proportion of the means employed by him to the evil
produced by his act, but also by the fact that the blow was or was not aimed at a vital part of the body.
Intention must be judged by considering the weapon used, the injury inflicted and his attitude of the mind
when the accused attacked the deceased.
This mitigating circumstance is not applicable when the offender employed brute force.
Lack of intent to commit so grave a wrong is not appreciated where the offense committed is characterized by
treachery.
In crimes against persons who do not die as a result of the assault, the absence of the intent to kill reduces the
felony to mere physical injuries, but it does not constitute a mitigating circumstance under Art. 13 par 3.
It is not applicable to felonies by negligence because in these kinds of felonies, there is no intent on the part of
the offender which may be considered diminished.
Par. 3 is only applicable to offense resulting in physical injuries or material harm. It is not applicable to
defamation or slander.
Based on the narration given by the accused where he said that he held victims neck down as he boxed her in
the face, and considering moreover that the victim was 57 years old while the accused was only 32, the court held that
the means employed by the accused was sufficient to have caused the death of the victim.
Death penalty should be imposed. It is a single indivisible penalty applied regardless of mitigating circumstance,
especially when records of the present case evince the aggravating circumstances of nighttime and abuse of superior
strength.
Par. 4. THAT SUFFICIENT PROVOCATION OR THREAT ON THE PART OF THE OFFENDED PARTY IMMEDIATELY
PRECEDED THE ACT
PROVOCATION
- Any unjust or improper conduct or act of the offended party, capable of exciting, inciting, or irritating anyone.
REQUISITES:
a. That the provocation must be sufficient
b. That it must originate from the offended party
c. That the provocation must be immediate to the act, i.e., to the commission of the crime by the person who
is provoked.
Held: There was sufficient provocation and the circumstance of passion or obfuscation attended the commission
of the offense. Thrusting his bolo at Romera, threatening to kill him, and hacking the bamboo walls of his house are
sufficient provocation to enrage any man, or stir his rage and obfuscate his thinking, more so when the lives of his wife
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and children are in danger. Romera stabbed the victim as a result of those provocations, and while Romera was still in a
fit of rage.
The court however stressed that provocation and passion or obfuscation are not 2 separate mitigating
circumstances. Well-settled is the rule that if these 2 circumstances are based on the same facts, they should be treated
together as one mitigating circumstance. From the facts established in this case, it is clear that both circumstances arose
from the same set of facts aforementioned. Hence, they should not be treated as two separate mitigating circumstances.
Par. 5. THAT THE ACT WAS COMMITTED IN THE IMMEDIATE VINDICATION OF A GRAVE OFFENSE TO THE
ONE COMMITTING THE FELONY (DELITO), HIS SPOUSE, ASCENDANTS, DESCENDANTS, LEGITIMATE, NATURAL
OR ADOPTED BROTHERS OR SISTERS, OR RELATIVES BY AFFINITY WITHIN THE SAME DEGREE.
REQUISITES:
a. That there be a grave offense done to the one committing the felony, his spouse, ascendants, descendants,
legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degree.
b. That the felony is committed in vindication of such grave offense. A lapse of time is allowed between the
vindication and the doing of the grave offense.
PROVOCATION VINDICATION
It is made directly only to The grave offense may be
the person committing the committed also against the
offense offenders relatives
mentioned in the law.
The cause that brought The offended party must
about the provocation have done a grave offense
need not be a grave to the offender or his
offense. relatives mentioned in the
law.
It is necessary that the The vindication of the
provocation or threat grave offense may be
immediately preceded the proximate, which admits of
act. an interval of time
between the grace offense
done by the offended party
and the commission of the
crime.
disturbance of the peace of the home. The fact that the accused saw the deceased run upstairs when he became aware of
their presence, as if he refused to deal with them after having gravely offended them, was certainly a stimulus strong
enough to produce in their mind a fit of passion which blinded them and led them to commit that crime.
Par. 6. THAT OF HAVING ACTED UPON AN IMPULSE SO POWERFUL AS NATURALLY TO HAVE PRODUCED
PASSION OR OBFUSCATION.
REQUISITES:
a. The accused acted upon an impulse.
b. The impulse must be so powerful that it naturally produce passion or obfuscation in him.
Passion or obfuscation may constitute as a mitigating circumstance only when the same arose from LAWFUL
SENTIMENTS. It is not applicable when:
a. The act committed in a spirit of LAWLESSNESS.
b. the act is committed in a spirit of REVENGE.
The crime committed must be the result of a sudden impulse of natural and uncontrollable fury.
The accused who raped a woman is not entitled to the mitigating circumstance of having acted upon an impulse so
powerful as naturally to have produced passion just because he finds himself in a secluded place with that young
ravishing woman, almost naked and therefore, liable to succumb to the uncontrollable passion of his bestial instinct.
The mitigating circumstance of obfuscation arising from jealousy cannot be invoked in favor of the accused whose
relationship with the woman was illegitimate.
Passion and obfuscation may lawfully arise from causes existing only in the honest belief of the offender.
PASSION PROVOCATION
Produced by an impulse Comes form the injured
which may be caused by party
provocation
Need not be immediate. It Must immediately precede
is only required that the the commission of the
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US v. HICKS (1909)
Facts: For about 5 years, Hicks and Sola lived together as husband and wife when they separated. A few days
later, Sola contracted new relations with another negro named Wallace. Hicks went to Wallaces house and asked the
latter to go out. They talked for awhile and then Hicks shot Wallace
Held: Even if it is true that the accused acted with obfuscation because of jealousy, the mitigating circumstance
cannot be considered in his favor because the causes which mitigate criminal responsibility for the loss of self-control are
such which originate from legitimate feelings and not those which arise from vicious, unworthy and immoral passions. The
cause of the passion of the accused was his vexation engendered by the refusal of the woman to continue to live in illicit
relations with him, which she had a perfect right to do.
US v. DE LA CRUZ (1912)
Facts: The evidence clearly discloses that the convict, in the heat of passion, killed the deceased, who had
theretofore been his lover upon discovering her in flagrante in carnal communication with a mutual acquaintance.
Held: The accused was entitled to the mitigating circumstance of passion or obfuscation because the impulse was
caused by the sudden revelation that she was untrue to him, and his discovery of her in flagrante in the arms of another.
note: when the court used the word illicit, it doesnt mean that it is an illegitimate or bigamous relationship.
It means that it is cohabitation without a valid marriage.
car and fired a single shot at the last window on the left side of Andres' vehicle at an angle away from Andres. The single
bullet fired hit Kenneth, Kevin and Feliber which caused the latters death.
Held: The mitigating circumstance of passion and obfuscation is not obtaining. Andres' act of shouting at
Gonzales son, who was then a nurse and of legal age, is not sufficient to produce passion and obfuscation. Dino was
shouting back at Andres. It was not a case wherein Gonzales son appeared helpless and oppressed that Gonzales lost his
reason and shot at the vehicle of Andres. The same holds true for Gonzales claim of provocation on the part of Andres.
Provocation must be sufficient to excite a person to commit the wrong committed and that the provocation must be
commensurate to the crime committed. The sufficiency of provocation varies according to the circumstances of the case.
The aggressive behavior of Andres towards Gonzales and his son may be demeaning or humiliating but it is not sufficient
provocation to shoot at Gonzales vehicle.
Par. 7. THAT THE OFFENDER HAD VOLUNTARILY SURRENDERED HIMSELF TO A PERSON IN AUTHORITY OR
HIS AGENTS, OR THAT HE HAD VOLUNTARILY CONFESSED HIS GUILT BEFORE THE COURT PRIOR TO THE
PRESENTATION OF THE EVIDENCE FOR THE PROSECUTION.
Merely requesting a policeman to accompany the accused to the police HQ is not equivalent to voluntary surrender.
Other examples:
a. The warrant of arrest showed that the accused was in fact arrested.
b. The accused surrendered only after the warrant of arrest was served.
c. The accused went into hiding and surrendered only when they realized that the forces of the law were closing
in on them.
Surrender must be SPONTANEOUS. He surrendered 1) because he acknowledges his guilty or 2) because he wishes to
save them the trouble and expenses necessarily incurred in his search and capture.
The surrender must be by reason of the commission of the crime for which he is prosecuted.
Facts: Pinca and Abenir, after drinking at a bakeshop, hitched a ride with a tricycle driver on their way home.
After passing a man who was apparently drunk because he was swaying while he walked, the accused asked the driver to
drop them off already. Pinca told Abenir that that was the guy who spilled a drink on him earlier that day. The accused
picked up a long piece of wood and waited for the man to pass by. When the latter did, the accused hit him at the back of
his head which led to his death.
When the police came, the accused readily went with them and proceeded to tell his story that he was innocent
and that it was Abenir who killed the man. The accused was convicted of the crime of murder.
Held: For voluntary surrender to be appreciated, 3 requisites should be present: 1) the offender has not been
actually arrested; 2) the offender surrendered to a person of authority and 3) the surrender was voluntary. The actions of
the accused belied this claim. He actually DENIED having committed the crimes. He went on to try and clear his name.
There is no voluntary surrender.
b. That the confession of guilty was made in open court, that is, before the competent court that is to try the
case; and
The extrajudicial confession made by the accused is not voluntary confession. Such confession was made
outside the court. The confession must be made in open court.
c. That the confession of guilt was made prior to the presentation of evidence for the prosecution.
The change of plea should be made at the first opportunity when his arraignment was first set.
A conditional plea of guilty is not mitigating
* Plea of guilty is mitigating because it indicates a moral disposition in the accused, favorable to his reform. It is an act of
repentance and respect for the law.
the court to insist on his presence during all stages of the trial. The contention is untenable. While a plea of guilty is
mitigating, at the same time it constitutes an admission of all the material facts alleged in the information, including the
aggravating circumstances, and it matters not that the offense is capital, for the admission covers both the crime and its
attendant circumstances qualifying and/or aggravating the crime. Because of the aforesaid legal effect of Pinedas plea of
guilty, it was not incumbent upon the trial court to receive his evidence, much less to require his presence in court.
Par. 8. THAT THE OFFENDER IS DEAF AND DUMB, BLIND OR OTHERWISE SUFFERING FROM SOME PHYSICAL
DEFECT WHICH THUS RESTRICTS HIS MEANS OF ACTION, DEFENSE, OR COMMUNICATION WITH HIS FELLOW
BEINGS.
This paragraph does not distinguish between educated and uneducated deaf-mute or blind persons.
Physical defect referred to in this paragraph is such as being armless, cripple, or a stutterer, whereby his means to act,
defend himself or communicate with his fellow beings are limited.
Par. 9. SUCH ILLNESS OF THE OFFENDER AS WOULD DIMINISH THE EXERCISE OF THE WILL-POWER OF THE
OFFENDER WITHOUT HOWEVER DEPRIVING HIM OF CONSCIOUSNESS OF HIS ACTS.
REQUISITES:
a. That the illness of the offender must diminish the exercise of his will-power.
b. That such illness should not deprive the offender of consciousness of his acts.
When the offender completely lost the exercise of will-power, it may be an exempting circumstance.
It is said that this paragraph refers only to diseases of pathological state that trouble the conscience or will.
Ex. A mother who, under the influence of a puerperal fever, killed her child the day following her delivery.
Par. 10. AND FINALLY, ANY OTHER CIRCUMSTANCE OF A SIMILAR NATURE AND ANALOGOUS OF THOSE
ABOVEMENTIONED.
Over 60 years old with failing sight, similar to over 70 years of age mentioned in paragraph 2.
Voluntary restitution of the property stolen by the accused or immediately reimbursing the amount malversed is a
mitigating circumstance as analogous to voluntary surrender.
Not resisting arrest is not analogous to voluntary surrender.
Testifying for the prosecution is analogous to plea of guilty.
1. Mistake in the blow or aberratio ictus, for under Art. 48, there is a complex crime committed. The penalty is even
higher.
2. Mistake in the identity of the victim, for under Art. 4, par. 1, the accused is criminally liable even if the wrong
done is different from that which is intended.
3. Entrapment of the accused.
4. The accused is over 18 years of age. If the offender is over 18 years old, his age is neither exempting nor
mitigating.
5. Performance of righteous action.
4. AGGRAVATING CIRCUMSTANCES
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Aggravating circumstances are those which, if attendant in the commission of the crime, serve to increase the penalty
without, however, exceeding the maximum of the penalty provided by law for the offense.
They are based on the greater perversity of the offender manifested in the commission of the felony as shown by:
a. motivating power itself;
b. the place of commission;
c. the means and ways employed;
d. the time; or
e. the personal circumstances of the offender, or of the offended party.
GENERIC AC QUALIFYING AC
The effect of a generic AC, The effect of a qualifying
not offset by any AC is not only to give the
mitigating circumstance, is crime its proper and
to increase the penalty exclusive name but also to
which should be imposed place the author thereof in
upon the accused to the such a situation as to
MAXIMUM PERIOD. deserve no other penalty
than that specially
prescribed by law for said
crime.
A generic aggravating A qualifying AC cannot be
circumstance may be offset by a mitigating
compensated by a circumstance.
mitigating circumstance.
According to the new rules, generic and qualifying
aggravating circumstances must be alleged in order to
be appreciated.
AGGRAVATING CIRCUMSTANCES WHICH DO NOT HAVE THE EFFECT OF INCREASING THE PENALTY
AC 1) which in themselves constitute a crime specially punishable by law, or b) which are included by the law in
defining a crime and prescribing the penalty therefore shall not be taken into account for the purpose of increasing the
penalty (Art. 62, par. 1)
AC which arise: a) from the moral attributes of the offender or b) from his private relations with the offended party, or c)
from any other personal cause, shall only serve to aggravate the liability of the principals, accomplices, and accessories as
to whom such circumstances are attendant.
The public officer must use the influence, prestige or ascendancy which his office gives him as the means by which he
realizes his purpose. The essence of the matter is presented in the inquiry, did the accused abuse his office in order to
commit the crime?
When a public officer commits a common crime independent of his official functions and does acts that are not connected
with the duties of his office, he should be punished as a private individual without this AC.
The mere fact that he was in fatigue uniform and had army rifle at the time is not sufficient to established that he
misused his public position in the commission of the crimes (People v. Pantoja)
Even if defendant did not abuse his office, if it is proven that he has failed in his duties as such public officer, this
circumstance would warrant the aggravation of his penalty.
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Taking advantage of public position, cannot be taken into consideration in offenses where it is made by law an integral
element of the crime such as in malversation or in falsification of documents committed by public officers.
Par. 2. - THAT THE CRIME BE COMMITTED IN CONTEMPT OR WITH INSULT TO THE PUBLIC AUTHORITIES.
REQUISITES:
a. That the public authority is engaged in the exercise of his functions.
b. That he who is thus engaged in the exercise of his functions is not the person against whom the crime is
committed.
c. The offender knows him to be a public authority.
d. His presence has not prevented the offender from committing the criminal act.
Par. 2 is not applicable if committee din the presence of an agent only such as a police officer.
AGENT
A subordinate public officer charged with the maintenance of public order and the protection and security of life
and property, such as barrio policemen, councilmen, and any person who comes to the aid of persons in authority.
The crime should not be committed against the public authority or else it becomes direct assault.
Lack of knowledge on the part of the offender that a public authority is present indicates lack of intention to insult the
public authority.
Par. 3. - THAT THE ACT BE COMMITTED (1) WITH INSULT OR IN DISREGARD OF THE RESPECT DUE THE
OFFENDED PARTY ON ACCOUNT OF HIS (a) RANK, (b) AGE, OR (c) SEX, OR (2) THAT IS BE COMMITTED IN
THE DWELLING OF THE OFFENDED PARTY, IF THE LATTER HAS NOT GIVEN PROVOCATION.
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Four circumstances are enumerated in this paragraph, which can be considered single or together. If all the 4
circumstances are present, they have the weight of one aggravating circumstance only.
This circumstance (rank, age or sex) may be taken into account only in crimes against person or honor.
There must be evidence that in the commission of the crime, the accused deliberately intended to offend or insult the sex
or age of the offended party.
(1) WITH INSULT OR IN DISREGARD OF THE REPECT DUE THE OFFENDED PARTY ON ACCOUNT:
A victim raped in the boarding house where she was a bedspacer. Her room constituted a dwelling.
Dwelling is not aggravating in adultery when paramour also lives in the conjugal home.
Facts: Lt. Mesana approached Rodil and identifies himself as a PC officer. He asked Rodil whether or not the gun
which the latter possessed had a license. Rodil attempted to draw his gun but was prevented by Mesanas companions.
Rodil was asked to sign a document attesting to the confiscation of the gun but he refused. Instead, he drew a dagger and
managed to stab Mesana in the chest repeatedly.
Held: The AC of disregard of rank should be appreciated because it is obvious that Mesana identified himself as a
PC officer to the accused who is merely a member of the Anti-Smuggling Unit and therefore inferior both in rank and social
status to the victim.
Par. 4. - THAT THE ACT BE COMMITTED WITH (1) ABUSE OF CONFIDENCE OR (2) OBVIOUS UNGRATEFULNESS.
REQUISITES:
a. That the offended party had trusted the offender.
b. That the offender abused such trust by committing a crime against the offended party.
c. That the abuse of confidence facilitated the commission of the crime.
The confidence between the offender and the offended party must be immediate and personal.
It is inherent in malversation, qualified theft, estafa by conversion or misappropriation and qualified seduction.
committed and that the accused made use of such a relationship to commit the crime. It is also essential that the
confidence between the parties must be immediate and personal such as would give the accused some advantage to
commit the crime. It is obvious that the accused and the victims only met for the first time so there is no personal or
immediate relationship upon which confidence might rest between them.
Par. 5. - THAT THE CRIME BE COMMITTED IN THE PALACE OF THE CHIEF EXECUTIVE OR IN HIS PRESENCE, OR
WHERE PUBLIC AUTHORITIES ARE ENGAGED IN THE DISCHARGE OF THEIR DUTIES, OR IN A PLACE
DEDICATED TO RELIGIOUS WORSHIP.
If it is the Malacaang palace or a church, it is aggravating, regardless of whether State or official or religious functions
are being held.
The President need not be in the palace. His presence alone in any place where the crime is committed is enough to
constitute the AC. It also applies even if he is not engaged in the discharge of his duties in the place where the crime was
committed.
But as regards the place where the public authorities are engaged in the discharge of their duties, there must be some
performance of public functions.
Offender must have the intention to commit a crime when he entered the place.
Par. 6. - THAT THE CRIME BE COMMITTED (1) IN THE NIGHT TIME, OR (2) IN AN UNINHABITED PLACE, OR (3)
BY A BAND, WHENEVER SUCH CIRCUMSTANCES MAY FACILITATE THE COMMISSION OF THE OFFENSE.
WHENEVER MORE THAN THREE ARMED MALEFACTORS SHALL HAVE ACTED TOGETHER IN THE
COMMISSION OF AN OFFENSE, IT SHALL BE DEEMED TO HAVE BEEN COMMITTED BY A BAND.
These 3 circumstances may be considered separately when their elements are distinctly perceived and can subsist
independently, revealing a greater degree of perversity.
(1) NIGHTTIME
- The commission of the crime must begin and be accomplished in the nighttime.
- The offense must be actually committed in the darkness of the night. When the place is illuminated by light,
nighttime is not aggravating.
- TEST: WON in the place of the commission of the offense, there was a reasonable possibility of the victim
receiving some help.
- The fact that persons occasionally passed in the uninhabited place and that on the night of the murder another
hunting party was not a great distance away, does not matter. It is the nature of the place which is decisive.
- It must appear that the accused SOUGHT THE SOLITUDE of the place where the crime was committed, in order
to better attain his purpose.
- The offenders must choose the place as an aid either (1) to an easy and uninterrupted accomplishment of their
criminal designs or (2) to insure concealment of the offense.
(3) BAND
- Whenever more than 3 armed malefactors shall have acted together in the commission of an offense, it shall be
deemed to have been committed by a band.
- The armed men must act together in the commission of the crime.
- If one of the four armed persons is a principal by inducement, they do not form a band.
- All the armed men, at least four in number, must take direct part in the execution of the act constituting the
crime.
- Considered in crimes against property and persons and not to crimes against chastity.
- It is inherent in brigandage.
Facts: Appellant Ulep and his group, robbed Alfredo Roca of 35 sacks of Palay after killing his son, his wife and
his mother with their guns. Thereafter, they boarded their jeep and left.
Held: The offense was proven to have been executed by a band. A crime is committed by a band when at least
four armed malefactors act together in the commission thereof. In this case, all six accused were armed with guns which
they used on their victims. Clearly, all the armed assailants took direct part in the execution of the robbery with homicide.
The reason for the existence of this AC is found in the debased form of criminality met in one who, in the midst of a
great calamity, instead of lending aid to the afflicted, adds to their suffering by taking advantage of their misfortune to
despoil them.
OR OTHER CALAMITY OR MISFORTUNE refers to other conditions of distress similar to conflagration, shipwreck,
earthquake or epidemic.
Par. 8. - THAT THE CRIME BE COMMITTED WITH THE AID OF ARMED MEN OR PERSONS WHO INSURE OR
AFFORD IMPUNITY.
REQUISITES:
1. That the armed men or persons took part in the commission of the crime, directly or indirectly.
2. That the accused availed himself of their aid or relied upon them when the crime was committed.
The armed men must take part directly or indirectly in the offense.
This AC shall not be considered when both the attacking party and the party attacked were equally armed.
This AC is not present when the accused as well as those who cooperated with him in the commission of the crime, acted
under the same plan and for the same purpose.
If there are 4 armed men, aid of armed men is absorbed by employment of a band
Aid of armed men includes armed women
Art. 160. Commission of another crime during service of penalty imposed for another offense; Penalty. Besides the
provisions of Rule 5 of Article 62, any person who shall commit a felony after having been convicted by final judgment,
before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the
penalty prescribed by law for the new felony.
Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the age of
seventy years if he shall have already served out his original sentence, or when he shall complete it after reaching the said
age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency.
A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of
another crime embraced in the same title of the RPC.
REQUISITES:
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What is controlling is the time of trial, not the time of the commission of the crime.
There is no recidivism if the subsequent conviction is for an offense committed before the offense involved in the prior
conviction.
Sec. 7 of Rule 120 , Rules of Court, provides that a judgment in a criminal case becomes final
(1) after the lapse of the [period for perfecting an appeal, or
(2) when the sentence has been partially or totally satisfied or served, or
(3) the defendant has expressly waived in writing his right to appeal, or
(4) the accused has applied for probation.
There is recidivism even if the lapse of time between two felonies is more than 10 years. Recidivism must be taken into
account no mater how many years have intervened between the 1st and 2nd felonies.
Pardon does not obliterate the fact that the accused was a recidivist; but amnesty extinguishes the penalty and its
effects.
Par. 10. - THAT THE OFFENDER HAS BEEN PREVIOUSLY PUNISHED BY AN OFFENSE TO WHICH THE LAW
ATTACHES AN EQUAL OR GREATER PENALTY OR FOR TWO OR MORE CRIMES TO WHICH IT ATTACHES A
LIGHTER PENALTY.
Art. 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual
delinquency. Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the
purpose of diminishing or increasing the penalty in conformity with the following rules:
5. Habitual delinquency shall have the following effects:
(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of
which he be found guilty and to the additional penalty of prision correccional in its medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he
be found guilty and to the additional penalty of prision mayor in its minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime
of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in
its minimum period.
Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in conformity
herewith, shall in no case exceed 30 years.
For the purpose of this article, a person shall be deemed to be habitual delinquent, is within a period of ten years
from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa
or falsification, he is found guilty of any of said crimes a third time or oftener.
REQUISITES:
a. That the accused is on trial for an offense;
b. That he previously served sentence for another offense to which the law attaches an equal or
greater penalty, or for 2 or more crimes to which it attaches lighter penalty han that for the new offense; and
c. That he is convicted of the new offense.
REITERACION/ RECIDIVISM
HABITUALITY
It is necessary that the It is enough that a final
offender shall have served judgment has been
out his sentence for the rendered in the first
first offense. offense.
The previous and It is the requirement that
subsequent offenses must the offenses be included in
not be embraced in the the same title of the Code.
same title of the Code.
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2. REITERACTION OR HABITUALITY
3. MULTI-RECIDIVISM OR HABITUAL
DELINQUENCY
- when a person, within a period of 10 years from the date of his release or last conviction of the crimes of
serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of any of said crimes a third
time or oftener. In habitual delinquency, the offender is either a recidivist or one who has been previously punished for two
or more offenses (habituality). He shall suffer an additional penalty for being a habitual delinquent.
4. QUASI-RECIDIVISM
- Any person who shall commit a felony after having been convicted by final judgment, before beginning to serve
such sentence or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for
the new felony.
complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions
constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense,
reference shall be made to the section or subsection of the statute punishing it.
Par. 11. - THAT THE CRIME BE COMMITTED IN CONSIDERATION OF A PRICE, REWARD, OR PROMISE.
When this AC is present, there must be 2 or more principals, the one who gives or offers the price or promise and the
one who accepts it, both of whom are principals to the former, because he directly induces the latter to commit the
crime, and the latter because he commits it.
When this AC is present, it affects not only the person who received the price or reward, but also the person who gave it.
The evidence must show that one of the accused used money or other valuable consideration for the purpose of inducing
another to perform the deed.
Par. 12. - THAT THE CRIME BE COMMITTED BY MEANS OF INUNDATION, FIRE, POISON, EXPLOSION,
STRANDING OF A VESSEL OR INTERNATIONAL DAMAGE THERETO, DERAILMENT OF A LOCOMOTIVE, OR BY
THE USE OF ANY OTHER ARTIFICE INVOLVING GREAT WASTE AND RUIN.
Unless used by the offender as a means to accomplish a criminal purpose, any of the circumstances in paragraph 12
cannot be considered to increase the penalty or to change the nature of the offense.
When another AC already qualifies the crime, any of these ACs shall be considered as generic aggravating circumstance
only.
When the crime intended to be committed is arson and somebody dies as a result thereof, the crime is simply arson and
the act resulting in the death of that person is not even an independent crime of homicide, it being absorbed.
The killing of the victim by means of such circumstances as inundation, fire, poison or explosion qualifies the offense to
murder.
It will be noted that each of the circumstances of fire, explosion, and derailment of a locomotive may be a part of
the definition of particular crime, such as, arson, crime involving destruction, and damages and obstruction to means of
communication.
In these cases, they do not serve to increase the penalty, because they are already included by the law in
defining the crimes.
Evident premeditation implies a deliberate planning of the act before executing it.
The essence of premeditation is that the execution of the criminal act must be preceded by cool thought and reflection
upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment.
Evident premeditation may not be appreciated absent any proof as to how and when the plan was hatched or what time
elapsed before it was carried out.
REQUISITIES:
1. The time when the offender determined to commit the crime;
2. An act manifestly indicating that the culprit has clung to his determination; and
- When the crime was carefully planned by the offenders;
- When the offenders previously prepared the means which they considered adequate to carry it out.
3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the
consequences of his act and to allow is conscience to overcome the resolution of his will.
- The offender must have an opportunity to coolly and serenely think and deliberate on the meaning and the
consequences of what he planned to do, an interval long enough for his conscience and better judgment to
overcome his evil desire and scheme.
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Held: No evident premeditation exist in this case. There was no sufficient interregnum from the time Dennis was
stabbed by the victim, when Dennis fled to their house and his arming himself with a knife, and when he stabbed the
victim. In a case of fairly recent vintage, it was ruled that there is no evident premeditation when the fracas was the
result, not of a deliberate plan but of rising tempers, or when the attack was made in the heat of anger.
CRAFT involves intellectual trickery and cunning on the part of the accused. It is employed as a scheme in the execution
of the crime.
e.x. Where the defendants pretended to be constabulary soldiers to gain entry into the place of the victims.
The act of the accused in pretending to be bona fide passengers of the taxicab driven by the deceased, when
they were not so in fact, in order not to arouse his suspicion, and then killing him, constituted craft.
Where craft partakes of an element of the offense, the same may not be appreciated independently for the purpose of
aggravation.
FRAUD insidious words or machinations used to induce the victim to act in a manner which would enable the offender to
carry out his design.
e.x. To enter the house, one of the accused shouted from the outside that they wanted to buy cigarettes.
DISTINCTION: When there is a DIRECT INDUCEMENT by insidious words or machinations, fraud is present; otherwise,
the act of the accused done in order NOT TO AROUSE THE SUSPICION of the victim constitutes craft.
The purpose of the offender in using any device must be to conceal his identity.
Facts: Empacis et al. held-up the store of Fidel and his wife. As Fidel was about to give the money, he decided to
fight. He was stabbed several times which resulted to his death. Empacis was stabbed by the son of Fidel. When he went
to a clinic for treatment, he was arrested.
Held: Langomes and Empacis pretended to be bona fide customers of the victims store and on this pretext
gained entry into the latters store and into another part of his dwelling. Thus, there AC of craft was taken into
consideration.
Par. 15. - THAT (1) ADVANTAGE BE TAKEN OF SUPERIOR STRENGTH, OR (2) MEANS BE EMPLOYED TO
WEAKEN THE DEFENSE.
To TAKE ADVANTAGE of superior strength means to use purposely excessive force out of proportion to the
means of defense available to the person attacked.
One who attacks another with passion and obfuscation dos not take advantage of his superior strength.
An attack made by a man with a deadly weapon upon an unarmed and defenseless woman constitutes the
circumstance of abuse of that superiority which his SEX and the WEAPON used in the act afforded him, and from which the
woman was unable to defend herself.
No abuse of superior strength in parricide against the wife because it is inherent in the crime. It is generally
accepted that the husband is physically stronger than the wife.
There must be evidence that the accused was physically stronger and that they abused such superiority. The
mere fact of there being a superiority in numbers is not sufficient to bring the case within the aggravating circumstance.
There is abuse of superior strength when weapon used is out of proportion to the defense available to the
offended party.
Abuse of superior strength is absorbed in treachery.
Abuse of superior strength is aggravating in coercion and forcible abduction, when greatly in excess of that
required to commit the offense.
This circumstance is applicable only to crimes against persons and sometimes against person and property,
such as robbery with physical injuries or homicide.
This AC is absorbed in treachery.
Ex. One who, while fighting with another, suddenly casts sand or dirt upon the latters eyes and then wound or
kills him, evidently employs means which weaken the defense of his opponent.
Facts: Ruelan (20 yrs old) was hired by the spouses Ricardo and Rosa (76 yrs old) to help them sell and deliver
rice to their customers. One day, Rosa asked Ruelan to accompany her, in opening their store in the public market; she
also ordered him to bring a sack and an axe. When they were about to leave the premises, the house dog got loose and
went towards the street. Rosa got angry and scolded Ruelan. Ruelan pleaded her to stop but Rosa did not so Ruelan struck
her behind her right ear, causing her to fall face down. He left her to a grassy portion beside the street and fled. He
surrendered to the police after 2 days.
Held: Although abuse of superior strength was proven since Ruelan was only 20 years old whereas his victim was
76 years old already, this was not pleaded in the information, hence, it shall only be considered as a generic circumstance
in the imposition of the correct penalty.
TREACHERY means that the offended party was not given opportunity to make a defense.
There is treachery when the offender commits any of the crimes against the person, employing means,
methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself
arising from the defense which the offended party might make.
REQUISITES:
a. That at the time of the attack, the victim was not in a position to defend himself; and
b. That the offender consciously adopted the particular means, method or form of attack employed by
him.
Treachery does not connote the element of surprise alone.
There is no treachery when the attack is preceded by a warning or the accused gave the deceased a chance to prepare.
The qualifying circumstance of treachery may not be simply deduced from presumption as it is necessary that the
existence of this qualifying or aggravating circumstance should be proven as fully as the crime itself in order to aggravate
the liability or penalty incurred by the culprit.
Mere suddenness of the attack is not enough to constitute treachery. Such method or form of attack must be deliberately
chosen by the accused.
There is treachery in killing a child because the weakness of the victim due to his tender age results in the absence of
any danger to the accused.
ADDITIONAL RULES:
1. When the aggression is CONTINUOUS, treachery must be present in the BEGINNING of the assault.
2. When the assault WAS NOT CONTINUOUS, in that there was an interruption, it is sufficient that treachery was
present AT THE MOMENT THE FATAL BLOW WAS GIVEN.
In treachery, it makes no difference whether or not the victim was the same person whom the accused intended to kill.
When it is NOT SHOWN that the principal by induction directed the killer of the deceased to adopt the means or methods
actually used by the latter in accomplishing the murder, because the former left to the latter the details as to how it was to
be accomplished, treachery cannot be taken into consideration as to the principal by induction.
Treachery absorbs abuse of superior strength, aid of armed men, by a band and means to weaken the defense.
Nighttime and craft are absorbed in treachery except if treachery rests upon an independent factual basis.
Facts: Velasco was sitting outside the pubhouse talking with his co-worker, Dorie, when one of the customers
named Tony went out of the pubhouse. Then, Castillo suddenly appeared and, without warning, stabbed Tony with a fan
knife on his left chest. Tony pleaded for help but accused stabbed him once more. Velasco placed a chair between Tony
and the accused to stop the latter. Tony ran away but was pursued by the accused. Tony died and his body was found
outside the fence of Iglesia ni Cristo Compound.
Held: The killing was qualified by treachery. Treachery is committed when two conditions concur, namely, that
the person attacked had no opportunity to defend himself and that such means, method, and forms of execution were
deliberately and consciously adopted by the accused without danger to his person. These requisites were evidently present
in this case when the accused appeared from nowhere and swiftly stabbed the victim just as he was bidding goodbye to his
friend, Velasco. Said action rendered it difficult for the victim to defend himself. The presence of defense wounds does
not negate treachery because, as testified to by Velasco, the first stab, fatal as it was, was inflicted on the chest. The
incised wounds in the arms were inflicted when the victim was already rendered defenseless.
any means to defend herself. The conclusion that there was treachery can hardly be gleaned because the victim and
Umayam were inside their shanty and no one witnessed how the killing took place. Notably, the medical findings of the
victim's cadaver show, contusions on her arms and legs, indicating that there may have been a quarrel prior to the
stabbing. This reasonably negates treachery.
Par. 17. - THAT MEANS BE EMPLOYED OR CIRCUMSTANCES BROUGHT ABOUT WHICH ADD IGNOMINY TO THE
NATURAL EFFECTS OF THE ACT.
IGNOMINY it is a circumstance pertaining to the moral order, which adds disgrace ad obloquy to the material injury
caused by the crime.
When the accused raped a woman after winding cogon grass around his genital organ, he thereby augmented the wrong
done by increasing its pain and adding ignominy there to (People v. Torrefiel).
* NOTE: According to Professor Ambion, this is not ignominy but cruelty.
The means employed or the circumstances brought about must tend to make the effects of the crime MORE
HUMILIATING or TO PUT THE OFFENDED PARTY TO SHAME.
ex. When the accused raped a married woman in the presence of her husband.
his brother Felix.; and his cousin Rubenson all slaughtered. The death certificate of Victorino reveals that his penis was
excised.
Held: Ignominy cannot be appreciated in this case. For ignominy to be appreciated, it is required that the
offense be committed in a manner that tends to make its effect more humiliating, thus adding to the victim's moral
suffering. Where the victim was already dead when his body or a part thereof was dismembered, ignominy cannot be
taken against the accused. In this case, the information states that Victorino's sexual organ was severed after he was shot
and there is no allegation that it was done to add ignominy to the natural effects of the act. We cannot, therefore, consider
ignominy as an aggravating circumstance.
There is unlawful entry when an entrance is effected by a way not intended for the purpose.
Unlawful entry must be a means to effect entrance and not for escape.
There is no unlawful entry when the door is broken and thereafter the accused made an entry thru the broken door. The
breaking of the door is covered by paragraph 19.
RATIONALE FOR PAR. 18: One who acts, not respecting the walls erected by men to guard their property and provide for
their personal safety, shows a greater perversity, a greater audacity; hence, the law punishes him with more severity.
Par. 19 - THERE IS AN UNLAWFUL ENTRY WHEN AN ENTRANCE OF A CRIME A WALL, ROOF, FLOOR, DOOR, OR
WINDOW BE BROKEN.
To be considered as an AC, breaking the door must be utilized as a means to the commission of the crime.
It is only aggravating in cases where the offender resorted to any of said means TO ENTER the house. If the wall, etc. is
broken in order to get out of the place, it is not aggravating.
Par. 20. - THAT THE CRIME BE COMMITTED (1) WITH THE AID OF PERSONS UNDER FIFTEEN YEARS OF AGE OR
(2) BY MEANS OF MOTOR VEHICLES, MOTORIZED WATERCRAFT, AIRSHIPS, OR OTHER SIMILAR MEANS. (AS
AMENDED BY RA 5438).
Par. 21. - THAT THE WRONG DONE IN THE COMMISSION OF THE CRIME BE DELIBERATELY AUGMENTED BY
CAUSING OTHER WRONG NOT NECESSARY FOR ITS COMMISSIONS.
CRUELTY
There is cruelty when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing
him unnecessary physical pain in the consummation of the criminal act.
For cruelty to exist, it must be shown that the accused enjoyed and delighted in making his victim suffer.
REQUISITES:
1. That the injury caused be deliberately increased by causing other wrong;
2. That the other wrong be unnecessary for the execution of the purpose of the offender.
There is no cruelty when other wrong was done after the victim was dead.
IGNOMINY CRUELTY
Involves moral suffering. Refers to physical
suffering.
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual
assault by inserting his penis into other person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of
another person.
Article 266-B. Penalties. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be
reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion perpetua to
death.
When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be
reclusion perpetua to death.
When by reason or on the occasion of the rape, homicide is committed, the penalty shall be death.
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying
circumstances:
1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.
2) When the victim is under the custody of the police or military authorities or any law enforcement of penal institution.
3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third
civil degree of consanguinity.
4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by
the offender before or at the time of the commission of the crime.
(5) When the victim is a child below seven (7) years old.
(6) When the offender knows that he is afflicted with Human Immune-Deficiency Virus (HIV)/Acquired Immune Deficiency
Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim.
(7) When committed by any member of the Armed Forces of the Philippines or paramilitary units thereof or the Philippine
National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the
commission of the crime.
(8) When by reason or on the occasion of the rape, the victim suffered permanent physical mutilation or disability.
(9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime.
(10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party
at the time of the commission of the crime.
Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.
Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prision mayor to
reclusion temporal.
When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal.
When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be
reclusion temporal to reclusion perpetua.
When by reason or on the occasion of the rape, homicide is committed, the penalty shall be reclusion perpetua.
Reclusion temporal shall also be imposed if the rape is committed by any of the ten aggravating/qualifying circumstances
mentioned in this article.
Article 266-C. Effect of Pardon - The subsequent valid marriage between the offender and the offended party shall
extinguish the criminal action or the penalty imposed.
In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish
the criminal action or the penalty. Provided, That the crime shall be extinguish or the penalty shall not be abated if the marriage is
void ab initio.
Article 266-D. Presumptions. - Any physical overt act manifesting resistance against the act of rape in any degree from
the offended party, or where the offended party is so situated as to render her/him incapable of giving valid consent, may be
accepted as evidence in the prosecution of the acts punished under Article 266-A."
SECTION 3. Separability Clause.- If any part, section, or provision of this Act is declared invalid or unconstitutional, the other
parts thereof not affected thereby shall remain valid.
SECTION 4. Repealing Clause.- Article 335 of Act No. 3815, as amended, and all laws, acts presidential decrees, executive
orders, administrative orders, rules and regulations, inconsistent with or contrary to the provisions of this Act are deemed
amended, modified or repealed accordingly.
SECTION 5. Effectivity. - This Act shall take effect fifteen (15) days after completion of its publication in two (2) newspapers of
general circulation.
door and had carnal knowledge with Criselle. The accused cannot penetrate the victims organ. The lower court convicted
the accused of qualified rape.
Held: The trial court was correct. Under Art. 335 of the RPC as amended by RA 7659 and further amended by RA
8353, the penalty of death shall be imposed if the crime of rape is committed against a child below 7 years of age. There is
no dispute that the victim was 6 years of age when the accused had carnal knowledge with her.
5. ALTERNATIVE CIRCUMSTANCES
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.
Art. 15. Their concept. Alternative circumstances are those which must be taken into consideration as aggravating or
mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the
relationship, intoxication and the degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into consideration when the offended party in the spouse,
ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the
offender.
The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the offender has
committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony
but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance.
a. RELATIONSHIP
As a rule, relationship is MITIGATING in crimes against property by analogy to the provisions of Art. 332.
- Under Art. 332 of the RPC, no criminal, but only civil, liability shall result from commission of the crime of theft,
swindling or malicious mischief committed or caused mutually by spouses, ascendants, and descendants, or relatives by
affinity in the same line; brothers and sisters and brothers-in-law and sisters-in-law, if living together.
- Relationship becomes actually an exempting circumstance since there is no occasion to consider a mitigating or
an aggravating circumstance because there is no criminal liability.
It is aggravating in CRIMES AGAINST PERSONS in cases where the offended party is a relative of a higher degree than
the offender, or when the offender and the offended party are relatives of the same level, as killing a brother, a brother-in-
law, a half-brother or adopted brother.
When the CRIME AGAINST PERSONS is any of the SERIOUS PHYSICAL INJURIES (Art. 263), even if the offended party is
a descendant of the offender, relationship is an AGGRAVATING CIRCUMSTANCE.
- But the serious physical injuries must not be inflicted by a parent upon his child by excessive chastisement.
When the crime is less serious physical injuries or slight physical injuries, ordinary rule applies; relationship is
MITIGATING if the offended party is a relative of lower degree and AGGRAVATING if the offended party is a relative of a
higher degree than the offender.
When the crime against persons is homicide or murder, relationship is aggravating even if the victim of the crime is a
relative of lower degree.
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Relationship is neither mitigating nor aggravating, when relationship is an element of the offense.
b. INTOXICATION
MITIGATING
a. if intoxication is not habitual, or
b. if intoxication is not subsequent to the plan to commit a felony.
AGGRAVATING
a. if intoxication is habitual; or
b. if it is intentional (subsequent to the plan to commit a felony)
- It is intentional when the offender drinks liquor fully knowing its effects, to find in the liquor a
stimulant to commit a crime or a means to suffocate any remorse.
is unnecessary that it be a matter of daily occurrence. It lessens individual resistance to evil thought and undermines will-
power making its victim a potential evil doer.
The intoxication of the appellant not being habitual and considering that the said appellant was in a state of
intoxication at the time of the commission of the felony, the alternative circumstance of intoxication should be considered
mitigating.
Not illiteracy alone, but also lack of sufficient intelligence are necessary to invoke the benefit of the alternative
circumstance of lack of instruction, the determination of which is left to the trial court.
Lack of sufficient instruction is not mitigating when the offender is a city resident who knows how to sign his name.
Lack of instruction must be proved positively and directly and cannot be based on mere deduction or inference.
The question of lack of instruction cannot be raised for the first time in appellate court.
Degree of instruction is aggravating when the offender availed himself or took advantage of it in committing the
crime.
Absolutory causes are those where the act committed is a crime but for reasons of public policy and sentiment
there is no penalty imposed.
ENTRAPMENT INSTIGATION
Ways and means are The instigator practically
resorted to for the purpose induces the would-be
of trapping and capturing accused into the
the lawbreaker in the commission of the offense
execution of his criminal and himself becomes a co-
plan principal.
The means originate from The law enforcer conceives
the mind of the criminal. the commission of the
crime and suggests to the
accused who adopts the
idea and carries it into
execution.
A person has planned or is A public officer or a private
about to commit a crime detective induces an
and ways and means are innocent person to commit
resorted to by a public a crime and would arrest
officer to trap and catch him upon or after the
the criminal. commission of the crime
by the latter.
Not a bar to the The accused must be
prosecution and conviction acquitted.
of the lawbreaker.
Facts: Samson was the chief of customs secret service in Cebu and Natividad was the former collector of
customs. He was instructed to make sure that the shipment containing opium shall be unloaded in the country. He went
along the plan and then he informed the Philippine Constabulary of all that had taken place and they discussed a plan to
capture the opium owners.
Held: The mere fact that the chief of customs secret service pretended to agree to a plan for smuggling illegally
imported opium through the customhouse, in order the better to assure the seizure of said opium and the arrest of its
importers, is no bar to the prosecution and conviction of the accused.
Samson did not induce nor instigate the accused to import the opium but merely pretended to have an
understanding with the collector of customs. There is nothing immoral in this or against the public good which should
prevent the government from prosecuting and punishing the culprits, for this is not a case where an innocent person is
induced to commit a crime merely to prosecute him, but it is simply a trap set to catch a criminal.
Araneta v. CA (1986)
Facts: Atty. Araneta was the hearing officer of the Dept. of Labor in Cabanatuan while Mrs. Yoyongco is the
widow of a government employee. The latter went to see Araneta regarding her claim for death compensation and Araneta
asked for P100 for her claim to be processed. The widow reported this to the PC and the PC decided to entrap Araneta. The
entrapment was successful and Atty. Araneta was charged for violating the anti-graft law.
Held: Entrapment is not a defense in a criminal case. It is different from instigation. There is instigation when the
accused was induced to commit the crime. In entrapment, the mens rea originates from the mind of the criminal.
Entrapment does not exempt the criminal from liability.
b. EFFECT OF PARDON
RPC, Art. 23. Effect of pardon by the offended party. A pardon of the offended party does not extinguish criminal
action except as provided in Article 344 of this Code; but civil liability with regard to the interest of the injured party is
extinguished by his express waiver.
A pardon by the offended party does not extinguish criminal action because a crime is an offense against the State.
In criminal cases, the intervention of the aggrieved parties is limited to being witnesses for the prosecution.
Compromise does not extinguish criminal liability.
The offended party in crimes of adultery and concubinage cannot institute criminal prosecution, if he shall have
consented or pardoned the offenders.
- the pardon here may be implied, as continued inaction of the offended party after learning the offense.
- both offenders must be pardoned by the offended party.
c. ABSOLUTORY CAUSES
Art. 6(3). - There is an attempt when the offender commences the commission of a felony directly or over 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.
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Art. 7. When light felonies are punishable. Light felonies are punishable only when they have been
consummated, with the exception of those committed against person or property.
Art. 16. Who are criminally liable. The following are criminally liable for grave and less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
Art. 20. Accessories who are exempt from criminal liability. The penalties prescribed for accessories shall not
be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and
adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories
falling within the provisions of paragraph 1 of the next preceding article.
Art. 247. Death or physical injuries inflicted under exceptional circumstances. Any legally married person
who having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or
both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the
penalty of destierro.
If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.
These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under
eighteen years of age, and their seducer, while the daughters are living with their parents.
Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have
consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.
Art. 280. Qualified trespass to dwelling. Any private person who shall enter the dwelling of another
against the latter's will shall be punished by arresto mayor and a fine not exceeding 1,000 pesos.
If the offense be committed by means of violence or intimidation, the penalty shall be prision correccional in its medium
and maximum periods and a fine not exceeding 1,000 pesos.
The provisions of this article shall not be applicable to any person who shall enter another's dwelling for the
purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person, nor shall it be
applicable to any person who shall enter a dwelling for the purpose of rendering some service to humanity or justice, nor
to anyone who shall enter cafes, taverns, inn and other public houses, while the same are open.
Art. 332. Persons exempt from criminal liability. No criminal, but only civil liability, shall result from the
commission of the crime of theft, swindling or malicious mischief committed or caused mutually by the following persons:
1. Spouses, ascendants and descendants, or relatives by affinity in the same line.
2. The widowed spouse with respect to the property which belonged to the deceased spouse before the same
shall have passed into the possession of another; and
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
The exemption established by this article shall not be applicable to strangers participating in the commission of
the crime.
Art. 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of
lasciviousness. The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the
offended spouse.
The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both
alive, nor, in any case, if he shall have consented or pardoned the offenders.
The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted except upon a complaint filed
by the offended party or her parents, grandparents, or guardian, nor, in any case, if the offender has been expressly
pardoned by the above named persons, as the case may be.
In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the offended
party shall extinguish the criminal action or remit the penalty already imposed upon him. The provisions of this paragraph
shall also be applicable to the co-principals, accomplices and accessories after the fact of the above-mentioned crimes.
Art. 5. Duty of the court in connection with acts which should be repressed but which are not covered
by the law, and in cases of excessive penalties. 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.
Facts: The accused was found guilty of the crime of Rape with Homicide. The instant petition raised the issue
whether or not the respondent judge acted with grave abuse of discretion when he failed or refused to impose the
mandatory penalty of death under RA 7659
Held: The law plainly and unequivocably provides that when by reason or on the occasion of rape, a homicide is
committed, the penalty shall be death. Courts are not concerned with wisdom, efficacy or morality of law. The discomfort
faced by those forced by law to impose death penalty is an ancient one, but it is a matter upon which judges have no
choice. The Rules of Court mandates that after an adjudication of guilt, the judges should impose the proper penalty and
civil liability provided for by the law on the accused.
Art. 16. Who are criminally liable. The following are criminally liable for grave and less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light felonies:
1. Principals
2. Accomplices.
The treble division of persons criminally responsible for an offense rests upon the very nature of their participation
in the commission of the crime.
The ACCESSORIES are not liable for light felonies because in the commission of light felonies, the social wrong as
well as the individual prejudice is so small that penal sanction is deemed not necessary for accessories
Only natural persons can be the active subject of crime because of the highly personal nature of the criminal
responsibility.
A. PRINCIPALS
When a single individual commits a crime, there is no difficulty in determining his participation in the commission
thereof.
But when 2 or more persons are involved, it is necessary to determine the participation of each.
The principal by direct participation PERSONALLY TAKES PART IN THE EXECUTION OF THE ACT constituting the
crime.
Two or more persons who took part in the commission of the crime are principals by direct participation, when the
following requisites are present:
1. That they participated in the criminal resolution
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2. That they carried out their plan and personally took part in its execution by acts which directly
tended to the same end.
CONSPIRACY
A conspiracy exists when 2 or more persons come to an agreement concerning the commission of a felony and
decide to commit it.
The conspiracy contemplated in the first requisite is not a felony, but only a manner of incurring criminal
liability.
In order to hold an accused guilty as co-principal by reason of conspiracy, it must be established that he
performed an over act in furtherance of the conspiracy, either by actively participating in the actual commission of the
crime, or by lending moral assistance to his co-conspirators by being present at the scene of the crime, or by exerting
moral ascendancy over the rest of the conspirators as to move them to executing the conspiracy.
Mere knowledge without cooperation or agreement to cooperate is not enough to constitute conspiracy.
Silence does not make one a conspirator
The existence of conspiracy does not require necessarily an agreement for an appreciable length of time prior to
the execution of its purpose, since from the legal viewpoint, conspiracy exists if, at the time of the commission of the
offense, the accused had the same purpose and were united in its execution.
Conspiracy arises on the very instant the plotters agree, expressly or impliedly, to commit the felony and
forthwith decide to pursue it.
Formal agreement or previous acquaintance among several persons not necessary in conspiracy.
Must be established by positive and conclusive evidence.
When there is no conspiracy, each of the offenders is liable only for the act performed by him.
It is not enough that a person participated in the assault made by another in order to consider him a co-
principal in the crime committed. He must also participate in the criminal resolution of the other.
When there is conspiracy, the act of one is the act of all. There is collective criminal responsibility.
Conspiracy may cover persons previously undetermined.
A person in conspiracy with others, who had desisted before the crime was committed by the other, is not
criminally liable.
When there is conspiracy, it is not necessary to ascertain the specific act of each conspirator.
There could be no conspiracy to commit an offense through negligence.
In cases of criminal negligence or crimes punishable by special law, allowing or failing to prevent an act to be
performed by another, makes one a co-principal.
Second requisite that the culprits carried out their plan and personally took part in its execution, by acts
which directly tended to the same end.
The principals by direct participation must be at the scene of the crime, personally taking part in its execution.
The acts of each offender must directly tend to the same end.
One serving as guard pursuant to the conspiracy is a principal by direct participation.
When the second requisite is lacking, there is only conspiracy.
REQUISITES:
1. That the inducement be made directly with the intention of procuring the commission of the crime; and
a. A thoughtless expression without intention to produce the result is not an inducement to commit a crime.
b. The inducement may be by acts of command, advice, or through influence, or agreement for consideration.
2. That such inducement be the determining cause of the commission of the crime by the material executor.
- The words of advice of the influence must have actually moved the hands of the principal by direct participation.
US v. Indianan (1913)
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Facts: Indianan was the HEADMAN of the district of Parang. He ordered his subordinates to seize Sariol
(victim) and bring the latter to Indianan. The victim was detained by Indianan until nightfall, then Indianan ordered his
subordinates to take Sariol to an isolated place and kill him. Indianan bolstered his command by claiming that he had an
order from the governor that Sariol be executed. Indianans subordinates took Sariol to a cemetery and killed him.
Held: Indianan had a very powerful influence over his subordinates based on TRADITION AND CUSTOM as
well as his representation that he had an order from the governor. Hence, his power over them was such that any order
issued by him had the force and efficacy of physical coercion. The domination of Indianan was such as to make him
responsible for whatever they did in obedience to such orders. He is a principal by inducement.
Those who cooperate in the commission of the offense by another act without which it would not have been
accomplished.
REQUISITES:
1. Participation in the criminal resolution, that is, there is either anterior conspiracy or unity of criminal purpose and
intention immediately before the commission of the crime charged; and
2. Cooperation in the commission of the offense by performing another act, without which it would not have been
accomplished.
To be liable as principals, the offender must fall under any of the three concepts defined in Article 17.
There is collective criminal responsibility when the offenders are criminally liable in the same manner and to the
same extent. The penalty to be imposed must be the same for all.
Principals by direct participation have collective criminal responsibility. Principal by induction, except that who
directly forced another to commit a crime, and principal by direct participation have collective criminal responsibility.
Principal by indispensable cooperation has collective criminal responsibility with the principal by direct participation.
B. ACCOMPLICES
Art. 18. Accomplices. Accomplices are those persons who, not being included in Art. 17, cooperate in the execution of
the offense by previous or simultaneous acts.
In quasi-collective criminal responsibility, some of the offenders in the crime are principals and the others are
accomplices.
The participation of an accomplice presupposes the commission of the crime b the principal by direct
participation.
When there is no conspiracy between or among the defendants but they were animated by one and the same
purpose to accomplish the criminal objective, those who cooperated by previous or simultaneous act but cannot be held
liable as principals are accomplices.
An accomplice does not have a previous agreement or understanding or is not in conspiracy with the principal
by direct participation.
CONSPIRATOR ACCOMPLICE
They know and agree with the criminal design.
Conspirators know the Accomplices come to know
criminal intention because about it after the principals
they themselves have have reached the decision
decided upon such course and only then do they
of action. agree to cooperate in its
execution.
Conspirators decide that a Accomplices merely assent
crime should be to the plan and cooperate
committed. in it accomplishment
REQUISITES:
1. That there be community of design; that is, knowing the criminal design of the principal by direct
participation, he concurs with the latter in his purpose;
2. That he cooperates in the execution of the offense by previous or simultaneous acts, with the intention of
supplying material or moral aid in the execution of the crime in an efficacious way; and
3. That there be a relation between the acts done by the principal and those attributed to the person charged
as accomplice.
The community of design need not be to commit the crime actually committed. It is sufficient if there was a
common purpose to commit a particular crime and that the crime actually committed was a natural or probable
consequence of the intended crime.
The cooperation of an accomplice is not due to a conspiracy.
When the acts of the accused are not indispensable in the killing, they are merely accomplices.
The accomplice merely supplies the principal with material or moral aid without conspiracy with the latter.
The wounds inflicted by an accomplice in crimes against persons should mot have caused the death of the
victim.
RULES:
1. The one who had the original criminal design is the person who committed the resulting crime.
2. The accomplice, after concurring in the criminal purpose of the principal, cooperates by previous or
simultaneous acts.
When the cooperation is by simultaneous act, the accomplice takes part while the crime is being committed by
the principal by direct participation or immediately thereafter.
3. The accomplice in crimes against persons does not inflict the more or most serious wounds.
PRINCIPAL by ACCOMPLICE
COOPERATION
Cooperation is Cooperation is not
indispensable in the indispensable in the
commission of the act. commission of the act.
run away, and leave his victim behind. Roderick was then taken to his house by Rogelio and Jon-Jon. But at the time,
Roderick was already dead.
Held: Roche can not be held liable as an accomplice for the crime charged. There is no evidence to show that he
performed any previous or simultaneous act to assist Caballes in killing Roderick. It has not been proven that he was
aware of Caballes plan to attack and kill Roderick. Absent any evidence to create the moral certainty required to convict
Roche, the court cannot uphold the trial courts finding of guilt.
C. ACCESSORIES
Art. 19. Accessories. 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 in any of the
following manners:
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.
An accessory does not participate in the criminal design, nor cooperate in the commission of the felony, but, with
knowledge of the commission of the crime, he subsequently takes part in 3 ways:
a) by profiting from the effects of the crime;
b) by concealing the body, effects or instruments of the crime in order to prevent its discovery; and
c) by assisting in the escape or concealment of the principal of the crime, provided he acts with abuse of his public
functions or the principal is guilty of treason, parricide, murder, or an attempt to take the life of the Chief
Executive, or is known to be habitually guilt of some other crime.
BODY OF THE CRIME corpus delicti which means that a specific offense was in fact committed by someone
2 CLASSES:
a. Public officers who harbor conceal or assist in the escape of the principal of any crime (not light felony) with abuse
of his public functions
REQUISITES:
(1) The accessory is a public officer;
(2) He harbors, conceals, or assists in the escape of the principal;
(3) The public officer acts with abuse of his public functions.
(4) The crime committed by the principal is any crime, provided it is not a light felony.
b. Private persons who harbor, conceal or assist in the escape of the author of the crime guilty of treason, parricide,
murder, or an attempt against the life of the President, or who is known to be habitually guilty of some other crime.
REQUISITES:
(1) The accessory is a private person.
(2) He harbors, conceals or assists in the escape of the author of the crime.
(3) The crime committed by the principal is either: (a) treason, (b) parricide, (c) murder, (d) attempt
against the life of the president, or (e) that the principal is known to be habitually guilty of some other
crime.
WHEREAS, reports from law enforcement agencies reveal that there is rampant robbery and thievery of government and
private properties;
WHEREAS, such robbery and thievery have become profitable on the part of the lawless elements because of the
existence of ready buyers, commonly known as fence, of stolen properties;
WHEREAS, under existing law, a fence can be prosecuted only as an accessory after the fact and punished lightly;
WHEREAS, is imperative to impose heavy penalties on persons who profit by the effects of the crimes of robbery and
theft.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the powers vested in me by the
Constitution, do hereby order and decree as part of the law of the land the following:
Section 3. Penalties. Any person guilty of fencing shall be punished as hereunder indicated:
(a) The penalty of prision mayor, if the value of the property involved is more than 12,000 pesos but not exceeding
22,000 pesos; if the value of such property exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its
maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed
twenty years. In such cases, the penalty shall be termed reclusion temporal and the accessory penalty pertaining thereto provided
in the Revised Penal Code shall also be imposed.
(b) The penalty of prision correccional in its medium and maximum periods, if the value of the property robbed or stolen
is more than 6,000 pesos but not exceeding 12,000 pesos.
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(c) The penalty of prision correccional in its minimum and medium periods, if the value of the property involved is more
than 200 pesos but not exceeding 6,000 pesos.
(d) The penalty of arresto mayor in its medium period to prision correccional in its minimum period, if the value of the
property involved is over 50 pesos but not exceeding 200 pesos.
(e) The penalty of arresto mayor in its medium period if such value is over five (5) pesos but not exceeding 50 pesos.
(f) The penalty of arresto mayor in its minimum period if such value does not exceed 5 pesos.
Section 4. Liability of Officials of Juridical Persons. If the fence is a partnership, firm, corporation or association, the
president or the manager or any officer thereof who knows or should have known the commission of the offense shall be liable.
Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything of value which has
been the subject of robbery or thievery shall be prima facie evidence of fencing.
Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For purposes of this Act, all stores, establishments or
entities dealing in the buy and sell of any good, article item, object of anything of value obtained from an unlicensed dealer or
supplier thereof, shall before offering the same for sale to the public, secure the necessary clearance or permit from the station
commander of the Integrated National Police in the town or city where such store, establishment or entity is located. The Chief of
Constabulary/Director General, Integrated National Police shall promulgate such rules and regulations to carry out the provisions of
this section. Any person who fails to secure the clearance or permit required by this section or who violates any of the provisions of
the rules and regulations promulgated thereunder shall upon conviction be punished as a fence.
Section 7. Repealing Clause. All laws or parts thereof, which are inconsistent with the provisions of this Decree are
hereby repealed or modified accordingly.
Section 8. Effectivity. This Decree shall take effect upon approval.
Done in the City of Manila, this 2nd day of March, in the year of Our Lord, nineteen hundred and seventy-nine.
Art. 20. Accessories who are exempt from criminal liability. The penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and
adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories
falling within the provisions of paragraph 1 of the next preceding article.
The exemption is based on the ties of blood and the preservation of the cleanliness of ones name, which
compels one to conceal crimes committed by relatives.
An accessory is NOT EXEMPT from criminal liability even if the principal is related to him, if such accessory (1)
PROFITED by the effects of the crime, or (2) assisted the offender to profit by the effects of the crime
plantation. Wilfredo then stab Sagario on the different parts of his body causing his death. Thereafter, Wilfredo pushed and
waded Sagario on the water.
Held: Appellant Jonathan Fabros cannot be convicted as an accessory. Under paragraph 2 of Article 19 of the
Revised Penal Code, the concealment or the destruction of the body of the crime or of the effects or the instruments
thereof must have been done in order to prevent the discovery of the crime. That, precisely, is wanting in the present
case. Appellant was afraid that his co-accused would hurt him if he refused so he agreed to assist the latter in carrying the
victim towards the river. The fact that appellant left thereafter likewise indicated his innocence of the charge. Verily, he
adequately explained his conduct prior to the stabbing incident as one born of fear for his own life. It is not incredible for
an eyewitness to a crime, especially if unarmed, to desist from assisting the victim if to do so would put the former's life in
peril.
V. PENALTIES
Penalty is the suffering that is inflicted by the State for the transgression of a law.
The purpose of the State in punishing crimes is TO SECURE JUSTICE. Penal justice must therefore be exercised by the
State in the service and satisfaction of a duty and rests primarily on the moral rightfulness of the punishment inflicted.
A. GENERAL PRINCIPLES
Art. 21. Penalties that may be imposed. No felony shall be punishable by any penalty not prescribed by law prior to
its commission.
This article prohibits the Government from punishing any person for any felony with any penalty which has not
been prescribed by the law.
It has no application to any of the provisions of the RPC for the reason that for every felony defined in the
Code, a penalty has been prescribed.
REASON: An act or omission cannot be punished by the State if at the time it was committed there was no law
prohibiting it, because a law cannot be rationally obeyed unless it is first shown, and a man cannot be expected to obey an
order that has not been given.
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1987 CONSTITUTION
Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been
duly convicted.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.
Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter
provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Section 22. No ex post facto law or bill of attainder shall be enacted.
The constitutional inhibition refers only to criminal laws which are given retroactive effect. While it is true that Sec. 18
penalizes a violation of any provision of RA 6132 including Sec. 8 thereof, the penalty is imposed only for acts committed
after the approval of the law and not those perpetrated prior thereto.
PROSPECTIVITY; EXCEPTION
RPC, Art. 21. Penalties that may be imposed. No felony shall be punishable by any penalty not prescribed by law
prior to its commission.
Art. 22. Retroactive effect of penal laws. Penal Laws shall have a retroactive effect insofar as they favor the persons
guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the
time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.
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CIVIL CODE, Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn
in the Philippine territory, subject to the principles of public international law and to treaty stipulations.
The favorable retroactive effect of a new law may find the defendant in one of these 3 situations:
a. The crime has been committed and prosecution begins;
b. Sentence has been passed but service has not begun;
c. The sentence is being carried out.
When the culprit is HABITUAL DELINQUENT, he is not entitled to the benefit of the provisions of the new favorable
statute.
A person shall be deemed to be a HABITUAL DELINQUENT if within a period of 10 years from the date of his release of
last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, he is found
guilt of an said crimes a third time or oftener.
The principle against retroactivity does not apply to civil liability.
- but a new law increasing the civil liability cannot be given retroactive effect.
The provisions of this article are applicable even to special laws which provide more favorable conditions to the accused.
Criminal liability under the former law is obliterated when the repeal is absolute.
Criminal liability under the repealed law subsists:
a. When the provisions of the former law are REENACTED; or
b. When the repeal is by IMPLICATION;
c. When there is a SAVING CLAUSE
With the enactment of RA 7636, the charge of illegal possession of firearm and ammunition qualified by
subversion should be amended to simple illegal possession of firearm and ammunition, since subversion is no longer a
crime.
Art. 25. Penalties which may be imposed. The penalties which may be imposed according to this Code, and their
different classes, are those included in the following:
Scale
PRINCIPAL PENALTIES
Capital punishment:
Death.
Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.
Correctional penalties:
Prision correccional,
Arresto mayor,
Suspension,
Destierro.
Light penalties:
Arresto menor,
Public censure.
ACCESSORY PENALTIES
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for, the profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
Payment of costs.
PRINCIPAL PENALTIES those expressly imposed by the court in the judgment of conviction.
ACCESSORY PENALTIES those that are deemed included in the imposition of the principal penalties.
According to subject-matter
1. Corporal (death)
2. Deprivation of freedom
(reclusion, prision, arresto)
3. Restriction of freedom (destierro)
4. Deprivation of rights
(disqualification and suspension)
5. Pecuniary (fine)
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NOTE: Public censure is a penalty, thus, it is not proper in acquittal. However, the Court in acquitting the accused may
criticize his acts or conduct.
CAPITAL PUNISHMENT
Section 1. Declaration of Policy. - It is hereby declared the policy of the State to foster and ensure not only obedience to its authority, but also to
adopt such measures as would effectively promote the maintenance of peace and order, the protection of life, liberty and property, and the promotion of
the general welfare which are essential for the enjoyment by all the people of the blessings of democracy in a just and humane society;
Section 2. Article 114 of the Revised Penal Code, as amended, is hereby amended to read as follows:
"Art. 114. Treason. - Any Filipino citizen who levies war against the Philippines or adheres to her enemies giving them aid or comfort within the
Philippines or elsewhere, shall be punished by reclusion perpetua to death and shall pay a fine not to exceed 100,000 pesos."
No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused
in open court.
Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in paragraph 1 of this Article shall be punished by reclusion
temporal to death and shall pay a fine not to exceed 100,000 pesos."
Section 3. Section Three, Chapter One, Title One of Book Two of the same Code is hereby amended to read as follows:
"Section Three. - Piracy and mutiny on the high seas or in the Philippine waters
Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters. - The penalty of reclusion perpetua shall be inflicted upon any
person who, on the high seas, or in Philippine waters, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall
seize the whole or part of the cargo of said vessel, its equipment or passengers.
The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters."
Art. 123. Qualified piracy. - The penalty of reclusion perpetua to death shall be imposed upon those who commit any of the crimes referred to in the
preceding article, under any of the following circumstances:
1. Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving themselves or;
3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape."
Section 4. There shall be incorporated after Article 211 of the same Code a new article to read as follows:
"Art. 211-A. Qualified Bribery. - If any public officer is entrusted with law enforcement and he refrains from arresting or prosecuting an offender
who has committed a crime punishable by reclusion perpetua and/or death in consideration of any offer, promise, gift or present, he shall suffer the
penalty for the offense which was not prosecuted.
If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of death."
Section 5. The penalty of death for parricide under Article 246 of the same Code is hereby restored, so that it shall read as follows:
"Art. 246. Parricide. - Any person who shall kill his father, mother, or child, whether legitimate of illegitimate, or any of his ascendants, or
descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death."
Section 6. Article 248 of the same Code is hereby amended to read as follows:
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"Art. 248. Murder. - Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be
punished by reclusion perpetua, to death if committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or
persons to insure or afford impunity.
2. In consideration of a price, reward or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, or by
means of motor vehicles, or with the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone,
epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse."
Section 7. Article 255 of the same Code is hereby amended to read as follows:
"Art. 255. Infanticide. - The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall
kill any child less than three days of age.
If any crime penalized in this Article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the
penalty of prision mayor in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or
either of them, the penalty shall be reclusion temporal."
Section 8. Article 267 of the same Code is hereby amended to read as follows:
"Art. 267. Kidnapping and serious illegal detention. - Any private individual who shall kidnap or detain another, or in any other manner deprive him
of his liberty, shall suffer the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than three days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been
made.
4. If the person kidnapped or detained shall be a minor, except when the accused is any of the parents, female or a public officer.
The penalty shall be death penalty where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or
any other person, even if none of the circumstances above-mentioned were present in the commission of the offense.
When the victim is killed or dies as a consequence of the detention or is raped, or is subjected to torture or dehumanizing acts, the
maximum penalty shall be imposed."
Section 9. Article 294 of the same Code is hereby amended to read as follows:
"Art. 294. Robbery with violence against or intimidation of persons - Penalties. - Any person guilty of robbery with the use of violence against or
intimidation of any person shall suffer:
1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed, or
when the robbery shall have been accompanied by rape or intentional mutilation or arson.
2. The penalty of reclusion temporal in its medium period to reclusion perpetua, when or if by reason or on occasion of such robbery, any of the
physical injuries penalized in subdivision I of Article 263 shall have been inflicted.
3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the physical injuries penalized in subdivision 2 of the
article mentioned in the next preceding paragraph, shall have been inflicted.
4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the violence or intimidation employed in the
commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when in the course of its
execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by subdivisions 3
and 4 of said Article 263.
5. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases."
Section 10. Article 320 of the same Code is hereby amended to read as follows:
"Art. 320. Destructive Arson. - The penalty of reclusion perpetua to death shall be imposed upon any person who shall burn:
1. One (1) or more buildings or edifices, consequent to one single act of burning, or as a result of simultaneous burnings, committed on several or
different occasions.
2. Any building of public or private ownership, devoted to the public in general or where people usually gather or congregate for a definite
purpose such as, but not limited to, official governmental function or business, private transaction, commerce, trade, workshop, meetings and
conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels, transient dwellings, public conveyances or stops or
terminals, regardless of whether the offender had knowledge that there are persons in said building or edifice at the time it is set on fire and regardless
also of whether the building is actually inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or conveyance, or for public use, entertainment or leisure.
4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the service of public utilities.
5. Any building the burning of which is for the purpose of concealing or destroying evidence of another violation of law, or for the purpose of
concealing bankruptcy or defrauding creditors or to collect from insurance.
Irrespective of the application of the above enumerated qualifying circumstances, the penalty of reclusion perpetua to death shall likewise be
imposed when the arson is perpetrated or committed by two (2) or more persons or by a group of persons, regardless of whether their purpose is
merely to burn or destroy the building or the burning merely constitutes an overt act in the commission or another violation of law.
The penalty of reclusion perpetua to death shall also be imposed upon any person who shall burn:
1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance, storehouse, archives or general museum of the
Government.
2. In an inhabited place, any storehouse or factory of inflammable or explosive materials.
If as a consequence of the commission of any of the acts penalized under this Article, death results, the mandatory penalty of death shall
be imposed."
Section 11. Article 335 of the same Code is hereby amended to read as follows:
"Art. 335. When and how rape is committed. - Rape is committed by having carnal knowledge of a woman under any of the following
circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age or is demented.
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Section 12. Section 2 of Republic Act No. 7080 (An Act Defining and Penalizing the Crime of Plunder) is hereby amended to read as
follows:
"Sec. 2. Definition of the Crime of Plunder; Penalties. - Any public officer who, by himself or in connivance with members of his family,
relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a
combination or series of overt criminal acts as described in Section 1 (d) hereof in the aggregate amount or total value of at least Fifty million pesos
(P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. Any person who participated with the
said public officer in the commission of an offense contributing to the crime of plunder shall likewise be punished for such offense. In the imposition of
penalties, the degree of participation and the attendance of mitigating and extenuating circumstances, as provided by the Revised Penal Code, shall be
considered by the court. The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties
and shares of stocks derived from the deposit or investment thereof forfeited in favor of the State."
Section 13. Sections 3, 4, 5, 7, 8 and 9, of Article II of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act 1972, are hereby
amended to read as follows:
"Sec. 3. Importation of Prohibited Drugs. - The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten
million pesos shall be imposed upon any person who, unless authorized by law, shall import or bring into the Philippines any prohibited drug.
"Sec. 4. Sale, Administration, Delivery, Distribution and Transportation of Prohibited Drugs. - The penalty of reclusion perpetua to death and
a fine from five hundred thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall sell, administer,
deliver, give away to another, distribute, dispatch in transit or transport any prohibited drug, or shall act as a broker in any of such transactions.
Notwithstanding the provisions of Section 20 of this Act to the contrary, if the victim of the offense is a minor, or should a prohibited drug involved in
any offense under this Section be the proximate cause of the death of a victim thereof, the maximum penalty herein provided shall be imposed.
"Sec. 5. Maintenance of a Den, Dive or Resort for Prohibited Drug Users. - The penalty of reclusion perpetua to death and a fine ranging
from five hundred thousand pesos to ten million pesos shall be imposed upon any person or group of persons who shall maintain a den, dive or
resort where any prohibited drug is used in any form or where such prohibited drugs in quantities specified in Section 20, Paragraph 1 of this Act are
found.
Notwithstanding the provisions of Section 20 of this Act to the contrary, the maximum of the penalty shall be imposed in every case where a
prohibited drug is administered, delivered or sold to a minor who is allowed to use the same in such place.
Should a prohibited drug be the proximate cause of the death of a person using the same in such den, dive or resort, the maximum penalty herein
provided shall be imposed on the maintainer notwithstanding the provisions of Section 20 of this Act to the contrary.
"Sec. 7. Manufacture of Prohibited Drug. - The penalty of reclusion perpetua to death and fine ranging from five hundred thousand pesos to
ten million pesos shall be imposed upon any person who, unless authorized by law, shall engage in the manufacture of any prohibited drug.
"Sec. 8. Possession or Use of Prohibited Drugs. - The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand
pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall possess or use any prohibited drug subject to the
provisions of Section 20 hereof.
"Sec. 9. Cultivation of Plants which are Sources of Prohibited Drugs. - The penalty of reclusion perpetua to death and a fine ranging from
five hundred thousand pesos to ten million pesos shall be imposed upon any person who shall plant, cultivate or culture any medium Indian hemp,
opium poppy (papaver somniferum), or any other plant which is or may hereafter be classified as dangerous drug or from which any dangerous drug
may be manufactured or derived.
The land or portions hereof, and/or greenhouses on which any of said plants is cultivated or cultured shall be confiscated and escheated to
the State, unless the owner thereof can prove that he did not know such cultivation or culture despite the exercise of due diligence on his part.
If the land involved in is part of the public domain, the maximum of the penalties herein provided shall be imposed upon the offender."
Section 14. Sections 14, 14-A, and 15 of Article III of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, are
hereby amended to read as follows:
"Sec. 14. Importation of Regulated Drugs. - The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten
million pesos shall be imposed upon any person who, unless authorized by law, shall import or bring any regulated drug in the Philippines.
"Sec. 14-A. Manufacture of Regulated Drugs. - The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to
ten million pesos shall be imposed upon any person who, unless authorized by law, shall engage in the manufacture of any regulated drug.
"Sec. 15. Sale, Administration, Dispensation, Delivery, Transportation and Distribution of Regulated Drugs. - The penalty of reclusion perpetua to
death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law,
shall sell, dispense, deliver, transport or distribute any regulated drug.
Notwithstanding the provisions of Section 20 of this Act to the contrary, if the victim of the offense is a minor, or should a regulated drug involved in
any offense under this Section be the proximate cause of the death of a victim thereof, the maximum penalty herein provided shall be imposed."
Section 15. There shall be incorporated after Section 15 of Article III of Republic Act No. 6425, as amended, known as the Dangerous Drug
Act of 1972, a new section to read as follows:
"Sec. 15-a. Maintenance of a den, dive or resort for regulated drug users. - The penalty of reclusion perpetua to death and a fine ranging from five
hundred thousand pesos to ten million pesos shall be imposed upon any person or group of persons who shall maintain a den, dive or resort where
any regulated drugs is used in any form, or where such regulated drugs in quantities specified in Section 20, paragraph 1 of this Act are found.
Notwithstanding the provisions of Section 20 of this Act to the contrary, the maximum penalty herein provided shall be imposed in every
case where a regulated drug is administered, delivered or sold to a minor who is allowed to use the same in such place.
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Should a regulated drug be the proximate cause of the death of a person using the same in such den, dive or resort, the maximum penalty
herein provided shall be imposed on the maintainer notwithstanding the provisions of Section 20 of this Act to the contrary."
Section 16. Section 16 of Article III of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, is amended to
read as follows:
"Sec. 16. Possession or Use of Regulated Drugs. - The penalty of reclusion perpetua to death and a fine ranging from five hundred
thousand pesos to ten million pesos shall be imposed upon any person who shall possess or use any regulated drug without the corresponding
license or prescription, subject to the provisions of Section 20 hereof."
Section 17. Section 20, Article IV of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, is hereby amended
to read as follows:
Sec. 20. Application of Penalties, Confiscation and Forfeiture of the Proceeds or Instruments of the Crime. - The penalties for offenses
under Section 3, 4, 7, 8 and 9 of Article II and Sections 14, 14-A, 15 and 16 of Article III of this Act shall be applied if the dangerous drugs involved is
in any of the following quantities :
1. 40 grams or more of opium;
2. 40 grams or more of morphine;
3. 200 grams or more of shabu or methylamphetamine hydrochloride;
4. 40 grams or more of heroin;
5. 750 grams or more of indian hemp or marijuana;
6. 50 grams or more of marijuana resin or marijuana resin oil;
7. 40 grams or more of cocaine or cocaine hydrochloride; or
8. In the case of other dangerous drugs, the quantity of which is far beyond therapeutic requirements, as determined and promulgated by
the Dangerous Drugs Board, after public consultations/hearings conducted for the purpose.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalty shall range from prision correccional to reclusion
perpetua depending upon the quantity.
Every penalty imposed for the unlawful importation, sale, administration, delivery, transportation or manufacture of dangerous drugs, the
cultivation of plants which are sources of dangerous drugs and the possession of any opium pipe and other paraphernalia for dangerous drugs shall
carry with it the confiscation and forfeiture, in favor of the Government, of all the proceeds of the crime including but not limited to money and other
obtained thereby and the instruments or tools with which it was committed, unless they are the property of a third person not liable for the offense,
but those which are not of lawful commerce shall be ordered destroyed without delay. Dangerous drugs and plant sources of such drugs as well as
the proceeds or instruments of the crime so confiscated and forfeited in favor of the Government shall be turned over to the Board for proper
disposal without delay.
Any apprehending or arresting officer who misappropriates or misapplies or fails to account for seized or confiscated dangerous drugs or plant-
sources of dangerous drugs or proceeds or instruments of the crime as are herein defined shall after conviction be punished by the penalty of
reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos."
Section 18. There shall be incorporated after Section 20 of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of
1972, a new section to read as follows:
"Sec. 20-A. Plea-bargaining Provisions. - Any person charged under any provision of this Act where the imposable penalty is reclusion
perpetua to death shall not be allowed to avail of the provision on plea bargaining."
Section 19. Section 24 of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, is hereby amended to read as
follows :
"Sec. 24. Penalties for Government Official and Employees and Officers and Members of Police Agencies and the Armed Forces, 'Planting'
of Evidence. - The maximum penalties provided for Section 3, 4(1), 5(1), 6, 7, 8, 9, 11, 12 and 13 of Article II and Sections 14, 14-A, 15(1), 16 and
19 of Article III shall be imposed, if those found guilty of any of the said offenses are government officials, employees or officers, including members
of police agencies and the armed forces.
Any such above government official, employee or officer who is found guilty of "planting" any dangerous drugs punished in Sections 3, 4, 7,
8, 9 and 13 of Article II and Sections 14, 14-A, 15 and 16 of Article III of this Act in the person or in the immediate vicinity of another as evidence to
implicate the latter, shall suffer the same penalty as therein provided."
Section 20. Sec. 14 of Republic Act No. 6539, as amended, known as the Anti-Carnapping Act of 1972, is hereby amended to read as
follows:
"Sec. 14. Penalty for Carnapping. - Any person who is found guilty of carnapping, as this term is defined in Section Two of this Act, shall,
irrespective of the value of motor vehicle taken, be punished by imprisonment for not less than fourteen years and eight months and not more than
seventeen years and four months, when the carnapping is committed without violence or intimidation of persons, or force upon things; and by
imprisonment for not less than seventeen years and four months and not more than thirty years, when the carnapping is committed by means of
violence against or intimidation of any person, or force upon things; and the penalty of reclusion perpetua to death shall be imposed when the
owner, driver or occupant of the carnapped motor vehicle is killed or raped in the course of the commission of the carnapping or on the occasion
thereof."
Section 21. Article 27 of the Revised Penal Code, as amended, is hereby amended to read as follows:
"Art. 27. Reclusion perpetua. - The penalty of reclusion perpetua shall be from twenty years and one day to forty years.
Reclusion temporal. - The penalty of reclusion temporal shall be from twelve years and one day to twenty years.
Prision mayor and temporary disqualification. - The duration of the penalties of prision mayor and temporary disqualification shall be from
six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case, it shall be that
of the principal penalty.
Prision correccional, suspension, and destierro. - The duration of the penalties of prision correccional, suspension, and destierro shall be
from six months and one day to six years, except when the suspension is imposed as an accessory penalty, in which case, its duration shall be that
of the principal penalty.
Arresto mayor. - The duration of the penalty of arresto mayor shall be from one month and one day to six months.
Arresto menor. - The duration of the penalty of arresto menor shall be from one day to thirty days.
Bond to keep the peace. - The bond to keep the peace shall be required to cover such period of time as the court may determine."
Section 22. Article 47 of the same Code is hereby amended to read as follows:
Art. 47. In what cases the death penalty shall not be imposed; Automatic review of the Death Penalty Cases. - The death penalty shall be
imposed in all cases in which it must be imposed under existing laws, except when the guilty person is below eighteen (18) years of age at the time
of the commission of the crime or is more than seventy years of age or when upon appeal or automatic review of the case by the Supreme Court,
the required majority vote is not obtained for the imposition of the death penalty, in which cases the penalty shall be reclusion perpetua.
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In all cases where the death penalty is imposed by the trial court, the records shall be forwarded to the Supreme Court for automatic review
and judgment by the Court en banc, within twenty (20) days but not earlier than fifteen (15) days after promulgation of the judgment or notice of
denial of any motion for new trial or reconsideration. The transcript shall also be forwarded within ten (10) days from the filing thereof by the
stenographic reporter."
Section 23. Article 62 of the same Code, as amended, is hereby amended to read as follows :
"Art. 62. Effects of the attendance of mitigating or aggravating circumstances and of habitual delinquency. - Mitigating or aggravating
circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the
following rules:
1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in
defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty.
1(a). When in the commission of the crime, advantage was taken by the offender of his public position, the penalty to be imposed shall be
in its maximum regardless of mitigating circumstances.
The maximum penalty shall be imposed if the offense was committed by any group who belongs to an organized/syndicated crime group.
An organized/syndicated crime group means a group of two or more persons collaborating, confederating or mutually helping one another
for purposes of gain in the commission of any crime.
2. The same rule shall apply with respect to any aggravating circumstances inherent in the crime to such a degree that it must of necessity
accompany the commission thereof.
3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the
offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and accessories
as to whom such circumstances are attendant.
4. The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to aggravate
or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein.
5. Habitual delinquency shall have the following effects :
(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the
additional penalty of prision correccional in its medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the
additional penalty of prision mayor in its minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and
to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period.
Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in conformity herewith, shall in no
case exceed 30 years.
For purposes of this article, a person shall be deemed to be a habitual delinquent, if within a period of ten years from the date of his release or
last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or falsification, he is found guilty of any of said crimes a
third time or oftener.
Section 24. Article 81 of the same Code, as amended, is hereby amended to read as follows :
"Art. 81. When and how the death penalty is to be executed. - The death sentence shall be executed with preference to any other and shall
consist in putting the person under sentence to death by electrocution. The death sentence shall be executed under the authority of the Director of
Prisons, endeavoring so far as possible to mitigate the sufferings of the person under the sentence during electrocution as well as during the
proceedings prior to the execution.
If the person under sentence so desires, he shall be anaesthetized at the moment of the execution.
As soon as facilities are provided by the Bureau of Prisons, the method of carrying out the sentence shall be changed to gas poisoning.
The death sentence shall be carried out not later than one (1) year after the judgment has become final.
Section 25. Article 83 of the same Code is hereby amended to read as follows:
"Art. 83. Suspension of the execution of the death sentence. - The death sentence shall not be inflicted upon a woman while she is pregnant
or within one (1) year after delivery, nor upon any person over seventy years of age. In this last case, the death sentence shall be commuted to the
penalty of reclusion perpetua with the accessory penalties provided in Article 40.
In all cases where the death sentence has become final, the records of the case shall be forwarded immediately by the Supreme Court to the Office
of the President for possible exercise of the pardoning power."
Section 26. < modified or repealed hereby are Act this of provisions the with inconsistent thereof parts regulations and rules orders,
executive issuances, decrees presidential laws,>
Section 27. If, for any reason or reasons, any part of the provision of this Act shall be held to be unconstitutional or invalid, other parts or
provisions hereof which are not affected thereby shall continue to be in full force and effect.
Section 28. This Act shall take effect fifteen (15) days after its publication in two (2) national newspapers of general circulation. The
publication shall not be later than seven (7) days after the approval hereof.
SECTION 1. Article 81 of the Revised Penal Code, as amended by Section 24 of Republic Act No. 7659 is hereby further amended to read as
follows:
"Art. 81. When and how the death penalty is to be executed. The death sentence shall be executed with preference to any other
penalty and shall consist in putting the person under the sentence to death by lethal injection. The death sentence shall be executed under the
authority of the Director of the Bureau of Corrections, endeavoring so far as possible to mitigate the sufferings of the person under the sentence during
the lethal injection as well as during the proceedings prior to the execution.
"The Director of the Bureau of Corrections shall take steps to ensure that the lethal injection to be administered is sufficient to cause the
instantaneous death of the convict.
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"Pursuant to this, all personnel involved in the administration of lethal injection shall be trained prior to the performance of such task.
"The authorized physician of the Bureau of Corrections, after thorough examination, shall officially make a pronouncement of the convict's
death and shall certify thereto in the records of the Bureau of Corrections.
The death sentence shall be carried out not earlier than one (1) year nor later than eighteen (18) months after the judgment has become final
and executory without prejudice to the exercise by the President of his executive clemency powers at all times."
Sec. 2. Persons already sentenced by judgment, which has become final and executory, who are waiting to undergo the death penalty
by electrocution or gas poisoning shall be under the coverage of the provisions of this Act upon its effectivity. Their sentences shall be automatically
modified for this purpose.
Sec. 3. Implementing Rules. The Secretary of Justice in coordination with the Secretary of Health and the Bureau of Corrections
shall, within thirty (30) days from the effectivity of this Act, promulgate the rules to implement its provisions.
Sec. 4. Repealing Clause. All laws, presidential decrees and issuances, executive orders, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Sec. 5. Effectivity. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) national
newspapers of general circulation, whichever comes earlier. Publication shall not be later than ten (10) days after the approval thereof.
SECTION 1. Objectives. These Rules seek to ensure the orderly and humane execution of the death penalty by lethal
injection.
SECTION 2. Definition of Terms. As used in these Rules, unless the context otherwise requires
a. "Death Convict" or "Convict" shall refer to a prisoner whose death penalty imposed by a Regional Trial Court is affirmed by the Supreme Court
en banc;
b. "Lethal Injection" refers to sodium thiopenthotal, pancuronium bromide, potassium chloride and such other lethal substances as may be
specified by the Director of Corrections that will be administered intravenously into the body of a convict until said convict is pronounced dead;
c. "Bureau" refers to the Bureau of Corrections;
d. "Director" refers to the Director of the Bureau of Corrections;
e. "Secretary" refers to the Secretary of the Department of Justice;
SECTION 3. Principles. The following principles shall be observed in the implementation of these Rules:
a. There shall be no discrimination in the treatment of a death convict on account of race, color, religion, language, politics, nationality, social
origin, property, birth or other status.
b. In the execution of a death penalty, the death convict shall be spared from unnecessary anxiety or distress.
c. The religious beliefs of the death convict shall be respected.
SECTION 4. Prison Services. Subject to the availability of resources, a death convict shall enjoy the following services and
privileges to encourage and enhance his self-respect and dignity:
a. Medical and Dental;
b. Religious, Guidance and Counseling;
c. Exercise;
d. Visitation; and
e. Mail.
SECTION 5. Confinement. Whenever practicable, the death convict shall be confined in an individual cell in a building that is
exclusively assigned for the use of death convicts. The convict shall be provided with a bunk, a steel/wooden bed or mat, a pillow or blanket and
mosquito net.
SECTION 6. Religious Services. Subject to security conditions, a death convict may be visited by the priest or minister of his faith and
given such available religious materials which he may require.
SECTION 7. Exercise. A death convict shall be allowed to enjoy regular exercise periods under the supervision of a guard.
SECTION 8. Meal Services. Meals shall, whenever practicable, be served individually to a death convict inside his cell. Mess utensils shall
be made of plastic. After each meal, said utensils shall be collected and accounted.
SECTION 9. Visitation. A death convict shall be allowed to be visited by his immediate family and reputable friends at regular intervals and
during designated hours subject to security procedures.
SECTION 10. List of Visitors. A list of persons who may visit a death convict shall be compiled and maintained by the prison authorities. The
list may include the members of the convict's immediate family such as his parents, step parents, foster parents, brothers and sisters, wife or husband
and children. The list may, upon the request of the convict, include his grandparents, aunts, uncles, in-laws and cousins. Other visitors may, after
investigation, be included in the list if it will assist in raising the morale of the convict.
SECTION 11. Interviews of Convicts. Television, radio and other interviews by media of a death convict shall not be allowed.
SECTION 12. Handling of Inmate Mail. The sending and receiving of mail by a death convict shall be controlled to prevent illicit
communication. Mail shall be censored in accordance with existing prison rules.
SECTION 13. Outside Movement. A death convict may be allowed to leave his place of confinement only for diagnosis of a life-threatening
situation or treatment of a serious ailment, if the diagnosis cannot be done or the treatment provided in the prison hospital.
SECTION 14. Court Appearance. A death convict shall not be brought outside the penal institution where he is confined for appearance or
attendance in any court except when the Supreme Court authorizes, upon proper application, said outside movement. A judge who requires the
appearance or attendance of a death convict in any judicial proceeding shall conduct such proceeding within the premises of the penal institution where
the convict is confined.
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SECTION 15. How Lethal Injection is to be Administered. The execution of the death sentence by lethal injection shall be done under the
authority of the Director who shall endeavor to mitigate the sufferings of the convict prior to and during the execution.
SECTION 16. Notification and Execution of the Sentence and Assistance to the Convict. The court shall designate a working day for the
execution of the death penalty but not the hour thereof. Such designation shall only be communicated to the convict after sunrise of the day of the
execution, and the execution shall not take place until after the expiration of at least eight (8) hours following the notification, but before sunset. During
the interval between the notification and execution, the convict shall, as far as possible, be furnished such assistance as he may request in order to be
attended in his last moments by a priest or minister of the religion he professes and to consult his lawyers, as well as in order to make a will and confer
with members of his family or of persons in charge of the management of his business, of the administration of his property, or of the care of his
descendants.
SECTION 17. Suspension of the Execution of the Death Sentence. Execution by lethal injection shall not be inflicted upon a woman within the
three years next following the date of the sentence or while she is pregnant, nor upon any person over seventy (70) years of age. In this latter case, the
death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalties provided in Article 40 of the Revised Penal Code.
SECTION 18. Place of Execution. The execution by lethal injection shall take place in the prison establishment and space thereat as may be
designated by the Director. Said place shall be closed to public view.
SECTION 19. Execution Procedure. Details of the procedure prior to, during and after administering the lethal injection shall be set forth in a
manual to be prepared by the Director. The manual shall contain details of, among others, the sequence of events before and after the execution;
procedures in setting up the intravenous line; the administration of the lethal drugs; the pronouncement of death; and the removal of the intravenous
system.
Said manual shall be confidential and its distribution shall be limited to authorized prison personnel.
SECTION 20. Quantity and Safekeeping of Drugs Purchased. The exact quantities of the drugs needed for an execution of a death penalty
shall be purchased by the Director pursuant to existing rules and regulations not earlier than ten (10) days before the scheduled date of execution. The
drugs shall be kept securely at the office of the superintendent of the prison where the death sentence is to be executed. All unused drugs shall be
inventoried and disposed of properly under the direct supervision of the Director.
SECTION 21. Administering Lethal Drugs. The injection of the lethal drugs to a death convict shall be made by a person designated by
the Director.
SECTION 22. Identity of Person Administering Lethal Injection. The identity of the person who is designated to administer the lethal
injection shall be kept secret.
SECTION 23. Persons Who May Witness Execution. The execution of a death convict shall be witnessed only by the priest or minister
assisting the offender and by his lawyers, and by his relatives, not exceeding six, if the convict so desires, by the physician and the necessary
personnel of the penal establishment, and by such persons as the Director may authorize.
A person below eighteen (18) years of age shall not be allowed to witness an execution.
SECTION 24. Expulsion of Witness. Any person who makes unnecessary noise or displays rude or improper behavior during an
execution shall be expelled from the lethal injection chamber.
SECTION 25. Non-Recording of Execution. The Director shall not allow the visual, sound or other recording of the actual
execution by media or by any private person or group.
SECTION 26. Disposition of Corpse of Convict. Unless claimed by his family, the corpse of a death convict shall, upon the
completion of the legal proceedings subsequent to the execution, be turned over to an institution of learning or scientific research first applying for it, for
the purpose of study and investigation, provided that such institution shall take charge of the decent burial of the remains. Otherwise, the Director shall
order the burial of the body of the convict at government expense, granting permission to be present thereat to the members of the family of the convict
and the friends of the latter. In no case shall the burial of a death convict be held with pomp.
SECTION 27. Effectivity. These Rules shall take effect fifteen (15) days after publication in a newspaper of general circulation.
APPROVED.
Adopted: April 28, 1997
RPC, Art. 40. Death; Its accessory penalties. The death penalty, when it is not executed by reason of
commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction during
thirty years following the date sentence, unless such accessory penalties have been expressly remitted in the pardon.
RPC, Art. 47. In what cases the death penalty shall not be imposed. The death penalty shall be imposed
in all cases in which it must be imposed under existing laws, except in the following cases:
1. When the guilty person be more than seventy years of age.
2. When upon appeal or revision of the case by the Supreme court, all the members thereof are not unanimous in
their voting as to the propriety of the imposition of the death penalty. For the imposition of said penalty or for the
confirmation of a judgment of the inferior court imposing the death sentence, the Supreme Court shall render its decision
per curiam, which shall be signed by all justices of said court, unless some member or members thereof shall have been
disqualified from taking part in the consideration of the case, in which even the unanimous vote and signature of only the
remaining justices shall be required.
Majority vote of the SC is required for the imposition of the death penalty.
The 1987 Constitution suspended the imposition of the death penalty but RA 7659 restored it.
Death penalty is not imposed in the following cases:
a. When the guilty person is below 18 years of age at the time of the
commission of the crime.
b. When the guilty person is more than 70 years of age.
c. When upon appeal or automatic review of the case by the SC, the vote of 8
members is not obtained for the imposition of the death penalty.
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The death penalty is not excessive, unjust or cruel within the meaning of that word in the Constitution. Punishments
are cruel when they involve torture or lingering death.
RA 296 providing that eight justices must concur in the imposition of death penalty is retroactive.
Review by the SC of the death sentence is absolutely necessary.
In what crimes is death penalty imposed:
1. Treason
2. Piracy
3. Qualified Piracy
4. Qualified bribery
5. Parricide
6. Murder
7. Infanticide
8. Kidnapping and serious illegal detention
9. Robbery with homicide
10. Destructive arson
11. Rape with homicide
12. Plunder
13. Certain violations of the Dangerous Drugs Act
14. Carnapping
RPC, Art. 81. When and how the death penalty is to be executed. The death sentence shall be executed with
reference to any other and shall consist in putting the person under sentence to death by electrocution. The death
sentence shall be executed under the authority of the Director of Prisons, endeavoring so far as possible to mitigate the
sufferings of the person under sentence during electrocution as well as during the proceedings prior to the execution.
If the person under sentence so desires, he shall be anaesthetized at the moment of the electrocution.
Art. 82. Notification and execution of the sentence and assistance to the culprit. The court shall
designate a working day for the execution but not the hour thereof; and such designation shall not be communicated to
the offender before sunrise of said day, and the execution shall not take place until after the expiration of at least eight
hours following the notification, but before sunset. During the interval between the notification and the execution, the
culprit shall, in so far as possible, be furnished such assistance as he may request in order to be attended in his last
moments by priests or ministers of the religion he professes and to consult lawyers, as well as in order to make a will and
confer with members of his family or persons in charge of the management of his business, of the administration of his
property, or of the care of his descendants.
Art. 83. Suspension of the execution of the death sentence. The death sentence shall not be inflicted
upon a woman within the three years next following the date of the sentence or while she is pregnant, nor upon any
person over seventy years of age. In this last case, the death sentence shall be commuted to the penalty of reclusion
perpetua with the accessory penalties provided in Article 40.
Art. 47 provides for cases in which death penalty is not to be imposed. On the other hand, Art. 83 provides for
suspension only of the execution of death sentence.
RTC can suspend execution of death sentence.
The records of the case shall be forwarded to the Office of the President, when the death sentence has become final, for
possible exercise of the pardoning power.
Art. 84. Place of execution and persons who may witness the same. The execution shall take place in
the penitentiary of Bilibid in a space closed to the public view and shall be witnessed only by the priests assisting the
offender and by his lawyers, and by his relatives, not exceeding six, if he so request, by the physician and the necessary
personnel of the penal establishment, and by such persons as the Director of Prisons may authorize.
The execution shall take place in the penitentiary or Bilibid in a space closed to the public view.
b. offenders lawyers;
c. offenders relatives, not exceeding six, if so requested;
d. physician, and
e. necessary personnel of penal establishment
a person below 18 years of age may not be allowed to witness an execution.
RPC, Art. 85. Provisions relative to the corpse of the person executed and its burial. Unless claimed by his
family, the corpse of the culprit shall, upon the completion of the legal proceedings subsequent to the execution, be turned
over to the institute of learning or scientific research first applying for it, for the purpose of study and investigation,
provided that such institute shall take charge of the decent burial of the remains. Otherwise, the Director of Prisons shall
order the burial of the body of the culprit at government expense, granting permission to be present thereat to the
members of the family of the culprit and the friends of the latter. In no case shall the burial of the body of a person
sentenced to death be held with pomp.
The burial of the body of a person sentenced to death should not be held with pomp.
- The purpose of the law is to prevent anyone from making a hero out of a criminal.
application of the death penalty, as well as expressly repeals all such statutory provisions requiring the application of the
death penalty, such effect necessarily extends to its relevance to the graduated scale of penalties under Article 71.
The court cannot find basis to conclude that Rep. Act No. 9346 intended to retain the operative effects of the
death penalty in the graduation of the other penalties in our penal laws. Munoz cannot enjoin us to adopt such conclusion.
Rep. Act No. 9346 is not swaddled in the same restraints appreciated by Muoz on Section 19(1), Article III. The very
Congress empowered by the Constitution to reinstate the imposition of the death penalty once thought it best to do so,
through Rep. Act No. 7650. Within the same realm of constitutional discretion, Congress has reversed itself. It must be
asserted that today, the legal status of the suppression of the death penalty in the Philippines has never been more secure
than at any time in our political history as a nation.
AFFLICTIVE PENALTIES
Art. 27. Reclusion perpetua. Any person sentenced to any of the perpetual penalties shall be pardoned after
undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be
considered by the Chief Executive as unworthy of pardon.
Reclusion temporal. The penalty of reclusion temporal shall be from twelve years and one day to twenty
years.
Prision mayor and temporary disqualification. The duration of the penalties of prision mayor and
temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification
is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty.
Art. 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. The penalties of
reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the
sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though
pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.
Art. 42. Prision mayor; Its accessory penalties. The penalty of prision mayor, shall carry with it that of
temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage which the
offender shall suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in
the pardon.
RECLUSION PERPETUA
of the crime. (Art. 63, Revised Penal Code) Reclusion Perpetua is imprisonment for life but the person sentenced to suffer
it shall be pardoned after undergoing the penalty for thirty (30) years, unless by reason of his conduct or some other
serious cause, he shall be considered by the Chief Executive as unworthy of pardon (Art. 27, Revised Penal Code)."
RECLUSION TEMPORAL
PRISION MAYOR
CORRECCIONAL PENALTIES
Art. 27 (4). Prision correccional, suspension, and destierro. The duration of the penalties of prision correccional,
suspension and destierro shall be from six months and one day to six years, except when suspension is imposed as an
accessory penalty, in which case, its duration shall be that of the principal penalty.
Arresto mayor. The duration of the penalty of arresto mayor shall be from one month and one day to six
months.
Art. 39. Subsidiary penalty. If the convict has no property with which to meet the fine mentioned in the paragraph 3
of the nest preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each eight
pesos, subject to the following rules:
1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement
until his fine referred to in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third
of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall
be counted against the prisoner.
2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if
the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light
felony.
3. When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed
upon the culprit.
4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is
of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same
deprivations as those of which the principal penalty consists.
5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not
relieve him, from the fine in case his financial circumstances should improve. (As amended by RA 5465, April 21, 1969).
Art. 43. Prision correccional; Its accessory penalties. The penalty of prision correccional shall carry with
it that of suspension from public office, from the right to follow a profession or calling, and that of perpetual special
disqualification from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months. The offender
shall suffer the disqualification provided in the article although pardoned as to the principal penalty, unless the same shall
have been expressly remitted in the pardon.
Art. 44. Arresto; Its accessory penalties. The penalty of arresto shall carry with it that of suspension of the
right too hold office and the right of suffrage during the term of the sentence.
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PRISION CORRECCIONAL
ARRESTO MAYOR
LIGHT PENALTIES
Art. 27 (6). Arresto menor. The duration of the penalty of arresto menor shall be from one day to thirty
days.
Art. 39. Subsidiary penalty. If the convict has no property with which to meet the fine mentioned in the
paragraph 3 of the nest preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for
each eight pesos, subject to the following rules:
1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement
until his fine referred to in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third
of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall
be counted against the prisoner.
2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if
the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light
felony.
3. When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed
upon the culprit.
4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is
of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same
deprivations as those of which the principal penalty consists.
5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not
relieve him, from the fine in case his financial circumstances should improve. (As amended by RA 5465, April 21, 1969).
Art. 44. Arresto; Its accessory penalties. The penalty of arresto shall carry with it that of suspension of the right too
hold office and the right of suffrage during the term of the sentence.
ARRESTO MENOR
PUBLIC CENSURE
FINE
Art. 26. When afflictive, correctional, or light penalty. A fine, whether imposed as a single of as an
alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not
exceed 6,000 pesos but is not less than 200 pesos; and a light penalty if it less than 200 pesos.
This article merely classifies fine and has nothing to do with the definition of light felony.
Fine is:
1. Afflictive over P6,000
2. Correctional P200 to P6,000
3. Light Penalty less than P200
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Art. 66. Imposition of fines. In imposing fines the courts may fix any amount within the limits established
by law; in fixing the amount in each case attention shall be given, not only to the mitigating and aggravating
circumstances, but more particularly to the wealth or means of the culprit.
The court can fix any amount of the fine within the limits established by law.
The court must consider:
a. The mitigating and aggravating circumstances; and
b. More particularly, the wealth or means of the culprit.
When the law does not fix the minimum of the fine, the determination of the amount of the fine to be imposed upon the
culprit is left to the sound discretion of the court, provided it shall not exceed the maximum authorized by law.
Fines are not divided into 3 equal portions.
Art. 35. Effects of bond to keep the peace. It shall be the duty of any person sentenced to give bond to
keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought
to be prevented, and that in case such offense be committed they will pay the amount determined by the court in the
judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking.
The court shall determine, according to its discretion, the period of duration of the bond.
Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no
case exceed six months, is he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty
days, if for a light felony.
The offender must present 2 sufficient sureties who shall undertake that the offender will not commit the
offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the
court; or
The offender must deposit such amount with the clerk of court to guarantee said undertaking; or
The offender may be detained, if he cannot give the bond, for a period not to exceed 6 months if prosecuted for
grave or less grave felony, or for a period not to exceed 30 days, if for a light felony.
Bond to keep the peace is different from bail bon which is posted for the provisional release of a person arrested for or
accused of a crime.
D. ACCESSORY PENALTIES
Art. 30. Effects of the penalties of perpetual or temporary absolute disqualification. The penalties of perpetual
or temporary absolute disqualification for public office shall produce the following effects:
1. The deprivation of the public offices and employments which the offender may have held even if conferred by
popular election.
2. The deprivation of the right to vote in any election for any popular office or to be elected to such office.
3. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned.
In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this article
shall last during the term of the sentence.
4. The loss of all rights to retirement pay or other pension for any office formerly held.
Art. 31. Effect of the penalties of perpetual or temporary special disqualification. The penalties of perpetual or
temporal special disqualification for public office, profession or calling shall produce the following effects:
1. The deprivation of the office, employment, profession or calling affected;
2. The disqualification for holding similar offices or employments either perpetually or during the term of the
sentence according to the extent of such disqualification.
Art. 32. Effect of the penalties of perpetual or temporary special disqualification for the exercise of the right
of suffrage. The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the
offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in any
popular election for any public office or to be elected to such office. Moreover, the offender shall not be permitted to hold
any public office during the period of his disqualification.
Art. 33. Effects of the penalties of suspension from any public office, profession or calling, or the right of
suffrage. The suspension from public office, profession or calling, and the exercise of the right of suffrage shall
disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term
of the sentence.
The person suspended from holding public office shall not hold another having similar functions during the period of his
suspension.
Art. 34. Civil interdiction. Civil interdiction shall deprive the offender during the time of his sentence of the rights of
parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to
manage his property and of the right to dispose of such property by any act or any conveyance inter vivos.
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Art. 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. The penalties of reclusion
perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence
as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned
as to the principal penalty, unless the same shall have been expressly remitted in the pardon.
Art. 42. Prision mayor; Its accessory penalties. The penalty of prision mayor, shall carry with it that of temporary
absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall
suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.
Art. 43. Prision correccional; Its accessory penalties. The penalty of prision correccional shall carry with it that of
suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification
from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months. The offender shall suffer the
disqualification provided in the article although pardoned as to the principal penalty, unless the same shall have been
expressly remitted in the pardon.
Art. 44. Arresto; Its accessory penalties. The penalty of arresto shall carry with it that of suspension of the right to
hold office and the right of suffrage during the term of the sentence.
Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. Every penalty imposed for the
commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with
which it was committed.
Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be
property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be
destroyed.
Effects:
a. Deprivation of any public office or employment f offender
b. Deprivation of the right to vote in any election or to be voted upon
c. Loss of rights to retirement pay or pension
All these effects last during the lifetime of the convict and even after the service of the sentence except as regards
paragraphs 2 and 3 of the above in connection with temporary absolute disqualification.
The penalty for disqualification if imposed as an accessory penalty is imposed for PROTECTION and NOT for the
withholding of a privilege.
Temporary disqualification or suspension if imposed as an accessory penalty, the duration is the same as that of the
principal penalty.
SUSPENSION FROM PUBLIC OFFICE, THE RIGHT TO VOTE AND BE VOTED FOR, THE RIGHT TO PRACTICE A
PROFESSION OR CALLING
Effects:
a. Disqualification from holding such office or the exercise of such profession or right of suffrage during the term of
the sentence;
b. Cannot hold another office having similar functions during the period of suspension.
CIVIL INTERDICTION
Effects:
Deprivation of the following rights:
1) Parental authority
2) Guardianship over the ward
3) Marital authority
4) Right to manage property and to dispose of the same by acts inter vivos
PAYMENT OF COSTS
Includes:
a. Fees, and
b. Indemnities, in the course of judicial proceedings.
Costs may be fixed amounts already determined by law or regulations or amounts subject to a schedule.
If the accused is convicted; costs may be charged against him. If he is acquitted, costs are de officio, meaning each
party bears his own expense.
RPC, Art. 24. Measures of prevention or safety which are nor considered penalties. The following shall
not be considered as penalties:
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 Article 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. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior
officials may impose upon their subordinates.
5. Deprivation of rights and the reparations which the civil laws may establish in penal form.
They are not penalties because they are not imposed as a result of judicial proceedings. Those mentioned in par. 3 and 4
are merely preventive measures before conviction of offenders.
The commitment of a minor mentioned in par. 2 is not a penalty because it is not imposed by the court in a judgment of
conviction. The imposition of the sentence in such case is suspended.
The succeeding provisions are some examples of deprivation of rights established in penal form:
Family Code, Art. 229. Unless subsequently revived by a final judgment, parental authority also terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian;
(3) Upon judicial declaration of abandonment of the child in a case filed for the purpose;
(4) Upon final judgment of a competent court divesting the party concerned of parental authority; or
(5) Upon judicial declaration of absence or incapacity of the person exercising parental authority. (327a)
Art. 28. Computation of penalties. If the offender shall be in prison, the term of the duration of the
temporary penalties shall be computed from the day on which the judgment of conviction shall have become final.
If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be
computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the
penalty. The duration of the other penalties shall be computed only from the day on which the defendant commences to
serve his sentence.
If offender is under detention, as when he is undergoing preventive imprisonment, Rule No. 1 applies.
If not under detention, because the offender has been released on bail, Rule No. 3 applies.
Art. 29. Period of preventive imprisonment deducted from term of imprisonment. Offenders who have
undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty,
with the full time during which they have undergone preventive imprisonment, if the detention prisoner agrees voluntarily
in writing to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases:
1. When they are recidivists or have been convicted previously twice or more times of any crime; and
2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.
If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted
prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone
preventive imprisonment. (As amended by Republic Act 6127, June 17, 1970).
Whenever an accused has undergone preventive imprisonment for a period equal to or more than the possible
maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall
be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same
is under review. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released
after thirty (30) days of preventive imprisonment. (As amended by E.O. No. 214, July 10, 1988).
The accused undergoes preventive imprisonment when the offense charged is nonbailable, or even if bailable, he cannot
furnish the required bail.
The convict is to be released immediately if the penalty imposed after trial is less than the full time or four-fifths of the
time of the preventive imprisonment.
The accused shall be released immediately whenever he has undergone preventive imprisonment for a period equal to
or more than the possible maximum imprisonment for the offense charged.
Art. 46. Penalty to be imposed upon principals in general. The penalty prescribed by law for the
commission of a felony shall be imposed upon the principals in the commission of such felony.
Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as applicable to the
consummated felony.
GENERAL RULE:
The penalty prescribed by law in general terms shall be imposed:
a. Upon the principals
b. For consummated felony
EXCEPTION:
The exception is when the penalty to be imposed upon the principal in frustrated or attempted felony is fixed by
law.
Whenever it is believed that the penalty lower by one or two degrees corresponding to said acts of execution is not in
proportion to the wrong done, the law fixes a distinct penalty for the principal in frustrated or attempted felony.
The graduation of penalties by degrees refers to STAGES OF EXECUTION (consummated, frustrated or attempted) and to
the DEGREE OF THE CRIMINAL PARTICIPATION OF THE OFFENDER (whether as principal, accomplice or accessory)
The division of a divisible penalty into three periods, as maximum, medium and minimum, refers to the proper period of
the penalty which should be imposed when aggravating or mitigating circumstances attend the commission of the crime.
Art. 46. Penalty to be imposed upon principals in general. The penalty prescribed by law for the
commission of a felony shall be imposed upon the principals in the commission of such felony.
Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as applicable to the
consummated felony.
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Art. 50. Penalty to be imposed upon principals of a frustrated crime. The penalty next lower in degree
than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony.
Art. 51. Penalty to be imposed upon principals of attempted crimes. A penalty lower by two degrees than that
prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony.
Art. 52. Penalty to be imposed upon accomplices in consummated crime. The penalty next lower in
degree than that prescribed by law for the consummated shall be imposed upon the accomplices in the commission of a
consummated felony.
Art. 53. Penalty to be imposed upon accessories to the commission of a consummated felony. The
penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the
accessories to the commission of a consummated felony.
Art. 54. Penalty to imposed upon accomplices in a frustrated crime. The penalty next lower in degree
than prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated
felony.
Art. 55. Penalty to be imposed upon accessories of a frustrated crime. The penalty lower by two
degrees than that prescribed by law for the frustrated felony shall be imposed upon the accessories to the commission of a
frustrated felony.
Art. 56. Penalty to be imposed upon accomplices in an attempted crime. The penalty next lower in
degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt
to commit the felony.
Art. 57. Penalty to be imposed upon accessories of an attempted crime. The penalty lower by two
degrees than that prescribed by law for the attempted felony shall be imposed upon the accessories to the attempt to
commit a felony.
0 represents the penalty prescribed by law in defining a crime, which is to be imposed n the PRINCIPAL in a
CONSUMMATED OFFENSE, in accordance with the provisions of Art. 46. The other figures represent the degrees to which
the penalty must be lowered, to meet the different situation anticipated by law.
EXCEPTIONS: Arts. 50 to 57 shall not apply to cases where the law expressly prescribes the penalty for frustrated or
attempted felony, or to be imposed upon accomplices or accessories.
A DEGREE is one entire penalty, one whole penalty or one unit of the penalties enumerated in the graduated scales
provided for in Art. 71. Each of the penalties of reclusion perpetua, reclusion temporal, prision mayor, etc., enumerated in
the graduated scales of Art. 71 is a degree.
When there is a mitigating or aggravating circumstance, the penalty is lowered or increased by PERIOD only, except
when the penalty is divisible and there are two or more mitigating and without aggravating circumstances, in which case
the penalty is lowered by degree.
A PERIOD is one of the three equal portions called the minimum, medium and maximum of a divisible penalty.
Art. 60. Exception to the rules established in Articles 50 to 57. The provisions contained in Articles 50 to
57, inclusive, of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for a
frustrated or attempted felony, or to be imposed upon accomplices or accessories.
Arts. 50 to 57 shall not apply to cases where the law expressly prescribes the penalty for frustrated or attempted felony,
or to be imposed upon accomplices or accessories.
GENERAL RULE: An accomplice is punished by a penalty one degree lower than the penalty imposed upon the principal.
EXCEPTIONS:
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a. The ascendants, guardians, curators, teachers and any person who by abuse of authority or confidential
relationship, shall cooperate as accomplices in the crimes of rape, acts of lasciviousness, seduction, corruption of
minors, white slate trade or abduction. (Art. 346)
b. One who furnished the place for the perpetration of the crime of slight illegal detention. (Art. 268)
GENERAL RULE: An accessory is punished by a penalty two degrees lower than the penalty imposed upon the principal.
EXCEPTION: When accessory is punished as principal knowingly concealing certain evil practices is ordinarily an act of
the accessory, but in Art. 142, such act is punished as the act of the principal.
When accessories are punished with a penalty one degree lower:
a. Knowingly using counterfeited seal or forged signature or stamp of the President (Art. 162).
b. Illegal possession and use of a false treasury or bank note (Art. 168).
c. Using falsified document (Art. 173 par.3 )
d. Using falsified dispatch (Art. 173 par. 2)
Art. 61. Rules for graduating penalties. For the purpose of graduating the penalties which, according to
the provisions of Articles 50 to 57, inclusive, of this Code, are to be imposed upon persons guilty as principals of any
frustrated or attempted felony, or as accomplices or accessories, the following rules shall be observed:
1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degrees shall be
that immediately following that indivisible penalty in the respective graduated scale prescribed in Article 71 of this Code.
2. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more divisible
penalties to be impose to their full extent, the penalty next lower in degree shall be that immediately following the lesser
of the penalties prescribed in the respective graduated scale.
3. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum
period of another divisible penalty, the penalty next lower in degree shall be composed of the medium and minimum
periods of the proper divisible penalty and the maximum periods of the proper divisible penalty and the maximum period
of that immediately following in said respective graduated scale.
4. when the penalty prescribed for the crime is composed of several periods, corresponding to different divisible
penalties, the penalty next lower in degree shall be composed of the period immediately following the minimum prescribed
and of the two next following, which shall be taken from the penalty prescribed, if possible; otherwise from the penalty
immediately following in the above mentioned respective graduated scale.
5. When the law prescribes a penalty for a crime in some manner not especially provided for in the four preceding
rules, the courts, proceeding by analogy, shall impose corresponding penalties upon those guilty as principals of the
frustrated felony, or of attempt to commit the same, and upon accomplices and accessories.
This article provides for the rules to be observed in lowering the penalty by one or two degrees.
a. For the principal in frustrated felony one degree lower;
b. For the principal in attempted felony two degrees lower;
c. For the accomplice in consummated felony one degree lower; and
d. For the accessory in consummated felony two degrees lower.
The rules provided for in Art. 61 should also apply in determining the MINIMUM of the indeterminate penalty under the
Indeterminate Sentence Law. The MINIMUM of the indeterminate penalty is within the range of the penalty next lower than
that prescribed by the RPC for the offense.
Those rules also apply in lowering the penalty by one or two degrees by reason of the presence of privileged
mitigating circumstance (Arts. 68 and 69), or when the penalty is divisible and there are two or more mitigating
circumstances (generic) and no aggravating circumstance (Art. 64).
The lower penalty shall be taken from the graduated scale in Art. 71.
RULES:
FIRST RULE:
When the penalty is single and indivisible.
Ex. reclusion perpetua
The penalty immediately following it is reclusion temporal. Thus, reclusion temporal is the penalty next lower in
degree.
SECOND RULE:
When the penalty is composed of two indivisible penalties
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THIRD RULE:
When the penalty is composed of two indivisible penalties and the maximum period of a divisible penalty
Ex. reclusion temporal in its MAXIMUM period to death
Death
Reclusion Penalty for the principal in
Perpetua consummated murder
Maximum
Reclusion Medium Penalty for accomplice; or
Temporal Minimum for principal in frustrated
Maximum murder
Prision Medium
Mayor Minimum
When the penalty is composed of one indivisible penalty and the maximum period of a divisible penalty
Ex. Reclusion temporal in its MAXIMUM period to Reclusion perpetua
The same rule shall be observed in lowering the penalty by one or two degrees.
FOURTH RULE:
When the penalty is composed of several periods
- This rule contemplates a penalty composed of at least 3 periods. The several periods must correspond to
different divisible penalties.
Ex. Prision Mayor in its MEDIUM period to Reclusion temporal in its MINIMUM period.
Reclusion Maximum
temporal Medium
Minimum Penalty for the principal in
Prision Maximum the consummated felony
Mayor Medium
Minimum Penalty for the accomplice;
Prision Maximum or principal in frustrated
Correccional Medium felony
Minimum
FIFTH RULE:
When the penalty has two periods
Ex. Prision correccional in its MINIMUM and MEDIUM periods
Prision Maximum
correccional Medium The penalty prescribed for
Minimum the felony
Maximum
Arresto Mayor Medium The penalty next lower
Minimum
SIMPLIFIED RULES:
The rules prescribed in pars. 4 and 5 of Art. 61 may be simplified as follows:
1. If the penalty prescribed by the Code consists in 3 periods, corresponding to different divisible
penalties, the penalty next lower in degree is the penalty consisting in the 3 periods down in the scale.
2. If the penalty prescribed b the Code consists in 2 periods, the penalty next lower in degree is the
penalty consisting in 2 periods down in the scale.
3. If the penalty prescribed by the Code consists in only 1 period, the penalty next lower in degree is
the next period down in the scale.
Art. 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency.
Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of
diminishing or increasing the penalty in conformity with the following rules:
1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included
by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of
increasing the penalty.
2. The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that
it must of necessity accompany the commission thereof.
3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private
relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of
the principals, accomplices and accessories as to whom such circumstances are attendant.
4. The circumstances which consist in the material execution of the act, or in the means employed to accomplish it,
shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the
execution of the act or their cooperation therein.
5. Habitual delinquency shall have the following effects:
(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he
be found guilty and to the additional penalty of prision correccional in its medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be
found guilty and to the additional penalty of prision mayor in its minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of
which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its
minimum period.
Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in
conformity herewith, shall in no case exceed 30 years.
For the purpose of this article, a person shall be deemed to be habitual delinquent, is within a period of ten years from
the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or
falsification, he is found guilty of any of said crimes a third time or oftener.
c. Aggravating or mitigating circumstances that affect the offenders only who had knowledge of them at the time of
the execution of the act or their cooperation therein. Those which consist:
1. In the material execution of the act
- will not affect all the offenders but only those to whom such act are attendant
2. Means to accomplish the crime
- will affect only those offenders who have knowledge of the same at the time of the act of execution or their
cooperation therein
Note:
In no case shall the total of the 2 penalties imposed upon the offender exceed 30 years.
The law does not apply to crimes described in Art. 155
The imposition of the additional penalty on habitual delinquents are CONSTITUTIONAL because such law is
neither an EX POST FACTO LAW nor an additional punishment for future crimes. It is simply a punishment on future
crimes on account of the criminal propensities of the accused.
The imposition of such additional penalties is mandatory and is not discretionary.
Habitual delinquency applies at any stage of the execution because subjectively, the offender reveals the
same degree of depravity or perversity as the one who commits a consummated crime.
It applies to all participants because it reveals persistence in them of the inclination to wrongdoing and of
the perversity of character that led them to commit the previous crime.
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Cases where attending aggravating or mitigating circumstances are not considered in the imposition of
penalties
- Penalty that is single and indivisible
- Felonies through negligence
- When the penalty is a fine
- When the penalty is prescribed by a special law.
Art. 63. Rules for the application of indivisible penalties. In all cases in which the law prescribes a single
indivisible penalty, it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may
have attended the commission of the deed.
In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be
observed in the application thereof:
1. When in the commission of the deed there is present only one aggravating circumstance, the greater penalty shall
be applied.
2. When there are neither mitigating nor aggravating circumstances and there is no aggravating circumstance, the
lesser penalty shall be applied.
3. When the commission of the act is attended by some mitigating circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied.
4. When both mitigating and aggravating circumstances attended the commission of the act, the court shall
reasonably allow them to offset one another in consideration of their number and importance, for the purpose of applying
the penalty in accordance with the preceding rules, according to the result of such compensation.
Art. 64. Rules for the application of penalties which contain three periods. In cases in which the penalties
prescribed by law contain three periods, whether it be a single divisible penalty or composed of three different penalties,
each one of which forms a period in accordance with the provisions of Articles 76 and 77, the court shall observe for the
application of the penalty the following rules, according to whether there are or are not mitigating or aggravating
circumstances:
1. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law
in its medium period.
2. When only a mitigating circumstances is present in the commission of the act, they shall impose the penalty in its
minimum period.
3. When an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its
maximum period.
4. When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of one
class against the other according to their relative weight.
5. When there are two or more mitigating circumstances and no aggravating circumstances are present, the court
shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to th7e
number and nature of such circumstances.
6. Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a greater
penalty than that prescribed by law, in its maximum period.
7. Within the limits of each period, the court shall determine the extent of the penalty according to the number and
nature of the aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the
crime.
Art. 67. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of
Article 12 are present. When all the conditions required in circumstances Number 4 of Article 12 of this Code to
exempt from criminal liability are not present, the penalty of arresto mayor in its maximum period to prision correccional in
its minimum period shall be imposed upon the culprit if he shall have been guilty of a grave felony, and arresto mayor in
its minimum and medium periods, if of a less grave felony.
Penalty to be imposed if the requisites of accident (Art. 12 par 4) are not all present:
a. GRAVE FELONY
- arresto mayor maximum period to prision correccional minimum period
b. LESS GRAVE FELONY
- arresto mayor minimum period and medium period
Art. 69. Penalty to be imposed when the crime committed is not wholly excusable. A penalty lower by one
or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of
some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in
Article 11 and 12, provided that the majority of such conditions be present. The courts shall impose the penalty in the
period which may be deemed proper, in view of the number and nature of the conditions of exemption present or lacking.
G. SPECIAL RULES
COMPLEX CRIMES
Art. 48. Penalty for complex crimes. When a single act constitutes two or more grave or less grave
felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be
imposed, the same to be applied in its maximum period.
Art. 48 requires the commission of at least 2 crimes. But the two or more GRAVE or LESS GRAVE felonies must
be the result of a SINGLE ACT, or an offense must be a NECESSARY MEANS FOR COMMITTING the other.
In complex crimes, although two or more crimes are actually committed, they constitute only one crime in the
eyes of the law as well as in the conscience of the offender. The offender has only one criminal intent. Even in the case
where an offense is a necessary means for committing the other, the evil intent of the offender is only one.
2. COMPLEX CRIME PROPER - When an offense is a necessary means for committing the
other.
COMPOUND CRIME
REQUISITES:
1. That only a SINGLE ACT is performed by the offender
2. That the single acts produces (a) 2 or more grave felonies, or (b) one or more grave and one or more less
grave felonies, or (c) two or more less grave felonies
Light felonies produced by the same act should be treated and punished as separate offenses or may be absorbed by the
grave felony.
Ex. When the crime is committed by force or violence, slight physical injuries are absorbed.
When in obedience to an order several accused simultaneously shot many persons, without evidence how many each
killed, there is only a single offense, there being a single criminal impulse.
Subsequent acts of intercourse, after forcible abduction with rape, are separate acts of rape.
Not complex crime when trespass to dwelling is a direct means to commit a grave offense.
No complex crime, when one offense is committed to conceal the other.
When the offender had in his possession the funds which he misappropriated, the falsification of a public or official
document involving said offense is a separate offense.
No complex crime where one of the offense is penalized by a special law.
There is no complex crime of rebellion with murder, arson, robbery, or other common 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.
The penalty for complex crime is the penalty for the most serious crime, the same to be applied in its maximum period.
When two felonies constituting a complex crime are punishable by imprisonment and fine, respectively, only the penalty
of imprisonment should be imposed.
Art. 48 applies only to cases where the Code does not provide a definite specific penalty for a complex crime.
One information should be filed when a complex crime is committed.
When a complex crime is charged and one offense is not proven, the accused can be convicted of the other.
Art. 48 does not apply when the law provides one single penalty for special complex crimes.
PLURALITY OF CRIMES
- consists in the successive execution by the same individual of different criminal acts upon any of which no
conviction has yet been declared.
CONTINUED CRIME
1. A single crime consisting of a series of acts but all arising from one
criminal resolution.
2. A continuous, unlawful act or series of acts set on foot by a single
impulse and operated by an unintermittent force, however long a time it may occupy.
Ex. a collector of a commercial firm misappropriates for his personal use several amounts collected by him
from different persons. One crime only because the different appropriations are but the different moments during
which once criminal resolution arises and a single defraudation develops.
refers to cases where a single act constitutes two or more grave felonies, or when an offense is a necessary means for
committing the other.
Art. 48 does not apply when the law provides one single penalty for special complex crimes:
1. Robbery with Homicide (Art. 294 (1))
2. Robbery with Rape (Art. 294 (2))
3. Kidnapping with serious physical injuries (Art. 267 (3))
4. Rape with Homicide (Art. 335)
Art. 49. Penalty to be imposed upon the principals when the crime committed is different from that intended.
In cases in which the felony committed is different from that which the offender intended to commit, the following rules
shall be observed:
1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the
accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum period.
2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the
accused intended to commit, the penalty for the former shall be imposed in its maximum period.
3. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the
guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for
either of the latter offenses, in which case the penalty provided for the attempted or the frustrated crime shall be imposed
in its maximum period.
Art. 49 has reference to Art. 4 (1). It applies only when there is ERROR IN PERSONAE.
In Art. 49 pars. 1 and 2, the LOWER PENALTY in its MAXIMUM PERIOD is always imposed.
In Par. 3, the penalty for the attempted or frustrated crime shall be imposed in its maximum period. This rule is not
necessary and may well be covered by Art. 48, in view of the fact that the same act also constitutes an attempt or a
frustration of another crime.
IMPOSSIBLE CRIMES
Art. 59. Penalty to be imposed in case of failure to commit the crime because the means employed or
the aims sought are impossible. When the person intending to commit an offense has already performed the acts for
the execution of the same but nevertheless the crime was not produced by reason of the fact that the act intended was by
its nature one of impossible accomplishment or because the means employed by such person are essentially inadequate to
produce the result desired by him, the court, having in mind the social danger and the degree of criminality shown by the
offender, shall impose upon him the penalty of arresto mayor or a fine from 200 to 500 pesos.
Art. 59 is limited to cases where the act performed would be grave or less grave felonies.
Basis of penalty:
1. social danger
2. degree of criminality shown by the offender
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Art. 58. Additional penalty to be imposed upon certain accessories. Those accessories falling within the
terms of paragraphs 3 of Article 19 of this Code who should act with abuse of their public functions, shall suffer the
additional penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and that
of absolute temporary disqualification if he shall be guilty of a less grave felony.
Art. 68. Penalty to be imposed upon a person under eighteen years of age. When the offender is a
minor under eighteen years and his case is one coming under the provisions of the paragraphs next to the last of Article 80
of this Code, the following rules shall be observed:
1. Upon a person under fifteen but over nine years of age, who is not exempted from liability by reason of the
court having declared that he acted with discernment, a discretionary penalty shall be imposed, but always lower by two
degrees at least than that prescribed by law for the crime which he committed.
2. Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law
shall be imposed, but always in the proper period.
PD No. 603. ART. 192. Suspension of Sentence and Commitment of Youthful Offender.
If after hearing the evidence in the proper proceedings, the court should find that the youthful offender has
committed the acts charged against him the court shall determine the imposable penalty, including any civil liability
chargeable against him. However, instead of pronouncing judgment of conviction, the court shall suspend all further
proceedings and shall commit such minor to the custody or care of the Department of Social Welfare, or to any training
institution operated by the government, or duly licensed agencies or any other responsible person, until he shall have
reached twenty-one years of age or, for a shorter period as the court may deem proper, after considering the reports and
recommendations of the Department of Social Welfare or the agency or responsible individual under whose care he has
been committed.
The youthful offender shall be subject to visitation and supervision by a representative of the Department of
Social Welfare or any duly licensed agency or such other officer as the court may designate subject to such conditions as it
may prescribe.
Art. 68 applies to such minor if his application for suspension of sentence is disapproved or if while in the reformatory
institution he becomes incorrigible in which case he shall be returned to the court for the imposition of the proper penalty.
9 to 15 years only with discernment: at least 2 degrees lower.
15 to 18 years old: penalty next lower
Art. 68 provides for two of the PRIVILEGED MITIGATING CIRCUMSTANCES
If the act is attended by two or more mitigating and no aggravating circumstance, the penalty being divisible, a minor
over 15 but under 18 years old may still get a penalty two degrees lower.
Art. 70. Successive service of sentence. When the culprit has to serve two or more penalties, he shall
serve them simultaneously if the nature of the penalties will so permit otherwise, the following rules shall be observed:
In the imposition of the penalties, the order of their respective severity shall be followed so that they may be
executed successively or as nearly as may be possible, should a pardon have been granted as to the penalty or penalties
first imposed, or should they have been served out.
For the purpose of applying the provisions of the next preceding paragraph the respective severity of the
penalties shall be determined in accordance with the following scale:
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute disqualification,
10 Temporal absolute disqualification.
11. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling,
and
12. Public censure
Notwithstanding the provisions of the rule next preceding, the maximum duration of the convict's sentence shall
not be more than three-fold the length of time corresponding to the most severe of the penalties imposed upon him. No
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other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the same maximum
period.
Such maximum period shall in no case exceed forty years.
In applying the provisions of this rule the duration of perpetual penalties (pena perpetua) shall be computed at
thirty years. (As amended).
The above penalties, except destierro, can be served simultaneously with imprisonment.
Penalties consisting in deprivation of liberty cannot be served simultaneously by reason of the nature of such
penalties.
Three-fold Rule
The maximum duration of the convicts sentence shall not be more than three times the length of time
corresponding to the most severe of the penalties imposed upon him.
The phrase the most severe of the penalties includes equal penalties.
The three-fold rule applies only when the convict has to serve at least four sentences.
All the penalties, even if by different courts at different times, cannot exceed three-fold the most severe.
- The Rules of Court specifically provide that any information must not charge more than one offense.
Necessarily, the various offense punished with different penalties must be charged under different informations which may
be filed in the same court or in different courts, at the same time or at different times.
Subsidiary imprisonment forms part of the penalty.
Indemnity is a penalty.
Court must impose all the penalties for all the crimes of which the accused is found guilty, but in the service of the
same, they shall not exceed three times the most severe and shall not exceed 40 years.
Art. 65. Rule in cases in which the penalty is not composed of three periods. In cases in which the
penalty prescribed by law is not composed of three periods, the courts shall apply the rules contained in the foregoing
articles, dividing into three equal portions of time included in the penalty prescribed, and forming one period of each of the
three portions.
In the Matter of the petition for Habeas Corpus of Pete Lagran (2001)
Facts: The accused was convicted of 3 counts of violating BP22 and was sentenced to imprisonment of 1 year for
each count. He was detained on Feb. 24, 1999. On Mar. 19, 2001, he filed a petition for habeas corpus claiming he
completed the service of his sentence. Citing Art. 70, RPC, he claimed that he shall serve the penalties simultaneously.
Thus, there is no more legal basis for his detention.
Held: Art. 70 allows simultaneous service of two or more penalties only if the nature of the penalties so permit.
In the case at bar, the petitioner was sentenced to suffer one year imprisonment for every count of the offense committed.
The nature of the sentence does not allow petitioner to serve all the terms simultaneously. The rule of successive service
of sentence must be applied.
SECTION 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised Penal Code, or its amendments, the court shall
sentence the accused to an indeterminate sentence the maximum term of which shall be that which, in view of the attending circumstances, could be
properly imposed under the rules of the said Code, and the minimum which shall be within the range of the penalty next lower to that prescribed by the
Code for the offense; and if the offense is punished by any other law, the court shall sentence the accused to an indeterminate sentence, the maximum
term of which shall not exceed the maximum fixed by said law and the minimum shall not be less than the minimum term prescribed by the same. (As
amended by Act No. 4225.)
SECTION 2. This Act shall not apply to persons convicted of offenses punished with death penalty or life-imprisonment; to those convicted of
treason, conspiracy or proposal to commit treason; to those convicted of misprision of treason, rebellion, sedition or espionage; to those convicted of
piracy; to those who are habitual delinquents; to those who have escaped from confinement or evaded sentence; to those who having been granted
conditional pardon by the Chief Executive shall have violated the terms thereof; to those whose maximum term of imprisonment does not exceed one
year, not to those already sentenced by final judgment at the time of approval of this Act, except as provided in Section 5 hereof. (As amended by Act
No. 4225.)
SECTION 3. There is hereby created a Board of Pardons and Parole to be composed of the Secretary of Justice who shall be its Chairman,
and four members to be appointed by the President, with the consent of the Commission on Appointments who shall hold office for a term of six years:
Provided, That one member of the board shall be a trained sociologist, one a clergyman or educator, one psychiatrist unless a trained psychiatrist be
employed by the board, and the other members shall be persons qualified for such work by training and experience. At least one member of the board
shall be a woman. Of the members of the present board, two shall be designated by the President to continue until December thirty, nineteen hundred
and sixty-six and the other two shall continue until December thirty, nineteen hundred and sixty-nine. In case of any vacancy in the membership of the
Board, a successor may be appointed to serve only for the unexpired portion of the term of the respective members. (As amended by Republic Act No.
4203, June 19, 1965.)
SECTION 4. The Board of Pardons and Parole is authorized to adopt such rules and regulations as may be necessary for carrying out its
functions and duties. The Board is empowered to call upon any bureau, office, branch, subdivision, agency or instrumentality of the Government for
such assistance as it may need in connection with the performance of its functions. A majority of all the members shall constitute a quorum and a
majority vote shall be necessary to arrive at a decision. Any dissent from the majority opinion shall be reduced to writing and filed with the records of
the proceedings. Each member of the Board, including the Chairman and the Executive Officer, shall be entitled to receive as compensation fifty pesos
for each meeting actually attended by him, notwithstanding the provisions of Section two hundred and fifty-nine of the Revised Administrative Code,
and in addition thereto, reimbursement of actual and necessary travelling expenses incurred in the performance of duties: Provided, however, That the
Board meetings will not be more than three times a week. (As amended by Republic Act No. 4203, June 19, 1965.)
SECTION 5. It shall be the duty of the Board of Indeterminate Sentence to look into the physical, mental and moral record of the prisoners
who shall be eligible to parole and to determine the proper time of release of such prisoners. Whenever any prisoner shall have served the minimum
penalty imposed on him, and it shall appear to the Board of Indeterminate Sentence, from the reports of the prisoner's work and conduct which may be
received in accordance with the rules and regulations prescribed, and from the study and investigation made by the Board itself, that such prisoner is
fitted by his training for release, that there is a reasonable probability that such prisoner will live and remain at liberty without violating the law, and that
such release will not be incompatible with the welfare of society, said Board of Indeterminate Sentence may, in its discretion, and in accordance with
the rules and regulations adopted hereunder, authorize the release of such prisoner on parole, upon such terms and conditions as are herein
prescribed and as may be prescribed by the Board. The said Board of Indeterminate Sentence shall also examine the records and status of prisoners
who shall have been convicted of any offense other than those named in Section 2 hereof, and have been sentenced for more than one year by final
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judgment prior to the date on which this Act shall take effect, and shall make recommendation in all such cases to the Governor-General with regard to
the parole of such prisoners as they shall deem qualified for parole as herein provided, after they shall have served a period of imprisonment not less
than the minimum period for which they might have been sentenced under this Act for the same offense.
SECTION 6. Every prisoner released from confinement on parole by virtue of this Act shall, at such times and in such manner as may be
required by the conditions of his parole, as may be designated by the said Board for such purpose, report personally to such government officials or
other parole officers hereafter appointed by the Board of Indeterminate Sentence for a period of surveillance equivalent to the remaining portion of the
maximum sentence imposed upon him or until final release and discharge by the Board of Indeterminate Sentence as herein provided. The officials so
designated shall keep such records and make such reports and perform such other duties hereunder as may be required by said Board. The limits of
residence of such paroled prisoner during his parole may be fixed and from time to time changed by the said Board in its discretion. If during the period
of surveillance such paroled prisoner shall show himself to be a law-abiding citizen and shall not violate any of the laws of the Philippine Islands, the
Board of Indeterminate Sentence may issue a final certificate of release in his favor, which shall entitle him to final release and discharge.
SECTION 7. The Board shall file with the court which passed judgment on the case, and with the Chief of Constabulary, a certified copy of
each order of conditional or final release and discharge issued in accordance with the provisions of the next preceding two sections.
SECTION 8. Whenever any prisoner released on parole by virtue of this Act shall, during the period of surveillance, violate any of the
conditions of his parole, the Board of Indeterminate Sentence may issue an order for his re-arrest which may be served in any part of the Philippine
Islands by any police officer. In such case the prisoner so re-arrested shall serve the remaining unexpired portion of the maximum sentence for which
he was originally committed to prison, unless the Board of Indeterminate Sentence shall, in its discretion, grant a new parole to the said prisoner. (As
amended by Act No. 4225.)
SECTION 9. Nothing in this Act shall be construed to impair or interfere with the powers of the Governor-General as set forth in Section 64(i)
of the Revised Administrative Code or the Act of Congress approved August 29, 1916 entitled "An Act to declare the purpose of the people of the
United States as to the future political status of the people of the Philippine Islands, and to provide a more autonomous government for those Islands."
SECTION 10. Whenever any prisoner shall be released on parole hereunder he shall be entitled to receive the benefits provided in Section
1751 of the Revised Administrative Code.
Approved and effective on December 5, 1993.
Purpose of the law: to uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of
liberty and economic usefulness
- It is necessary to consider the criminal first as an individual, and second as a member of the society.
- The law is intended to favor the defendant, particularly to shorten his term of imprisonment, depending upon
his behavior and his physical, mental and moral record as a prisoner, to be determined by the Board of Indeterminate
Sentence.
The settled practice is to give the accused the benefit of the law even in crimes punishable with death or life
imprisonment provided the resulting penalty, after considering the attending circumstances, is reclusion temporal or less.
ISL does not apply to destierro. ISL is expressly granted to those who are sentenced to imprisonment exceeding 1 year.
NOTE: A minor who escaped from confinement in the reformatory is entitled to the benefits of the ISL because his
confinement is not considered imprisonment.
Art. 64. Rules for the application of penalties which contain three periods. In cases in which the
penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed of three different
penalties, each one of which forms a period in accordance with the provisions of Articles 76 and 77, the court shall observe
for the application of the penalty the following rules, according to whether there are or are not mitigating or aggravating
circumstances:
1. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by
law in its medium period.
2. When only a mitigating circumstance is present in the commission of the act, they shall impose the penalty in
its minimum period.
3. When an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its
maximum period.
4. When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of
one class against the other according to their relative weight.
5. When there are two or more mitigating circumstances and no aggravating circumstances are present, the
court shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to
the number and nature of such circumstances.
6. Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a
greater penalty than that prescribed by law, in its maximum period.
7. Within the limits of each period, the court shall determine the extent of the penalty according to the number
and nature of the aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the
crime.
De la Cruz v. CA (1996)
In as much as the amount of P715k is P693k more than the abovementioned benchmark of P22k, then adding
one year for each additional P10k, the maximum period of 6 years, 8 months and 21 days to 8 years of prision mayor
minimum would be increased by 69 years, as computed by the trial court. But the law categorically declares that the
maximum penalty then shall not exceed 20 years of reclusion temporal. Under the ISL, the minimum term of the
indeterminate penalt should be within the range of the penalty next lower in degree to that prescribed b the Code for the
offense committed, which is prision correccional.
Execution of Penalties
Art. 78. When and how a penalty is to be executed. No penalty shall be executed except by virtue of a
final judgment.
A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or
incidents than those expressly authorized thereby.
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In addition to the provisions of the law, the special regulations prescribed for the government of the institutions in which
the penalties are to be suffered shall be observed with regard to the character of the work to be performed, the time of its
performance, and other incidents connected therewith, the relations of the convicts among themselves and other persons,
the relief which they may receive, and their diet.
The regulations shall make provision for the separation of the sexes in different institutions, or at least into different
departments and also for the correction and reform of the convicts.
The judgment must be final before it can be executed, because the accused may still appeal within 15 days from its
promulgation. But if the defendant has expressly waived in writing his right to appeal, the judgment becomes final and
executory.
See Rules and regulations to implement RA No. 8177 under Capital Punishment.
Art. 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto
mayor. The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor,
shall be executed and served in the places and penal establishments provided by the Administrative Code in force or which
may be provided by law in the future.
Art. 87. Destierro. Any person sentenced to destierro shall not be permitted to enter the place or places
designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25
kilometers from the place designated.
Convict shall not be permitted to enter the place designated in the sentence nor within the radius specified, which shall
not more than 250 and not less than 25 km from the place designated.
If the convict enters the prohibited area, he commits evasion of sentence.
Destierro is imposed:
a. When the death or serious physical injuries is caused or are inflicted under exceptional circumstances (art. 247)
b. When a person fails to give bond for good behavior (art. 284)
c. As a penalty for the concubine in the crime of concubinage (Art. 334)
d. When after lowering the penalty by degrees, destierro is the proper penalty.
Art. 88. Arresto menor. The penalty of arresto menor shall be served in the municipal jail, or in the house of
the defendant himself under the surveillance of an officer of the law, when the court so provides in its decision, taking into
consideration the health of the offender and other reasons which may seem satisfactory to it.
In the Matter of the petition for Habeas Corpus of Pete Lagran (2001)
Facts: The accused was convicted of 3 counts of violating BP22 and was sentenced to imprisonment of 1 year for
each count. He was detained on Feb. 24, 1999. On Mar. 19, 2001, he filed a petition for habeas corpus claiming he
completed the service of his sentence. Citing Art. 70, RPC, he claimed that he shall serve the penalties simultaneously.
Thus, there is no more legal basis for his detention.
Held: Art. 70 allows simultaneous service of two or more penalties only if the nature of the penalties so permit.
In the case at bar, the petitioner was sentenced to suffer one year imprisonment for every count of the offense committed.
The nature of the sentence does not allow petitioner to serve all the terms simultaneously. The rule of successive service
of sentence must be applied.
Section 3(a) of Presidential Decrees 968, as amended, defines probation as a disposition under which an accused, after conviction and sentence, is
released subject to conditions imposed by the court and to the supervision of a probation officer. It is a privilege granted by the court; it cannot be
availed of as a matter of right by a person convicted of a crime. To be able to enjoy the benefits of probation, it must first be shown that an applicant has
none of the disqualifications imposed by law.
Disqualified Offenders
Probation under PD No. 968, as amended, is intended for offenders who are 18 years of age and above, and who are not otherwise disqualified by law.
Offenders who are disqualified are those: (1) sentenced to serve a maximum term of imprisonment of more than six years; (2) convicted of subversion
or any offense against the security of the State, or the Public Order; (3) who have previously been convicted by final judgment of an offense punished
by imprisonment of not less than one month and one day and/or a fine of not more than Two Hundred Pesos; (4) who have been once on probation
under the provisions of this Decree;
Post-Sentence Investigation
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The Post-Sentence Investigation (PSI) and the submission of the Post-Sentence Investigation Report (PSIR) are pre-requisites to the court disposition
on the application for probation.
Period of Probation
The period of probation is in essence a time-bound condition. It is a condition in point of time which may be shortened and lengthened within the
statutory limits and the achievements by the probationer of the reasonable degrees of social stability and responsibility from the measured observation
of the supervising officer and the exercise discretion by the court in decisive order.
Probation Conditions
The grant of probation is accompanied by conditions imposed by the court:
The mandatory conditions require that the probationer shall (a) present himself to the probation officer designated to undertake his
supervision at each place as may be specified in the order within 72 hours from receipt of said order, and (b) report to the probation officer
at least once a month at such time and place as specified by said officer.
Special or discretionary conditions are those additional conditions imposed on the probationer which are geared towards his correction and
rehabilitation outside of prison and right in the community to which he belongs.
A violation of any of the conditions may lead either to a more restrictive modification of the same or the revocation of the grant of probation.
Consequent to the revocation, the probationer will have to serve the sentence originally imposed.
Transfer of Residence
Whenever a probationer is permitted to reside in a place under the jurisdiction of another court, control over him shall be transferred to the executive
judge of the "Court of First Instance" of that place, and in such case, a copy of the Probation Order, the investigation report and other pertinent records
shall be furnished to said executive judge. Thereafter, the executive judge to whom jurisdiction over the probationer is transferred shall have the power
with respect to him that was previously possessed by the court which granted the probation.
Revocation of Probation
At any time during probation, the court may issue a warrant for the arrest of a probationer for any serious violation of the conditions of probation. The
probationer, once arrested and detained, shall immediately be brought before the court for a hearing of the violation charged. The defendant may be
admitted to bail pending such hearing. In such case, the provisions regarding release on bail of persons charged with crime shall be applicable to
probationers arrested under this provision. An order revoking the grant of probation or modifying the terms and conditions thereof shall not be
appealable.
Termination of Probation
After the period of probation and upon consideration of the report and recommendation of the probation officer, the court may order the final discharge
of the probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated.
Post-Sentence Investigation. After conviction and sentence, a convicted offender or his counsel files a petition for probation with the trail court, who in
turn orders the Probation Officer to conduct a post-sentence investigation to determine whether a convicted offender may be placed on probation or not.
The role of the probation officer in this phase is to conduct the post-sentence investigation and to submit his report to the court within the period not
later than 60 days from receipt of the order of the Court to conduct the said investigation.
Pre-Parole Investigation. The PAROLE AND PROBATION ADMINISTRATION - (PPA) conducts pre-parole investigation of all sentenced prisoners
confined in prisons and jails within their jurisdiction. The purpose is to determine whether offenders confined in prisons/jails are qualified for parole or
any form of executive clemency and to discuss with them their plans after release. Probation officers submit their pre-parole assessment reports to the
Board of Pardons and Parole.
Supervision of Offenders. The Agency supervises two types of offenders under conditional release: (1) probationers, or persons placed under
probation by the courts; (2) parolees and pardonees, or prisoners released on parole or conditional pardon and referred by the Board of Pardons and
Parole (BPP) to PAROLE AND PROBATION ADMINISTRATION - (PPA) (PPA). The objectives of supervision are to carry out the conditions set forth in
the probation/parole order, to ascertain whether the probationer/parolee/pardonee is complying with the said conditions, and to bring about the
rehabilitation of the client and his re-integration into the community.
Rehabilitation Programs. The treatment process employed by the field officers focused on particular needs of probationers, parolees and pardonees.
Assistance is provided to the clientele in the form of job placement, skills training, spiritual/moral upliftment, counseling, etc.
Community Linkages
Probation/Parole, as a community-based treatment program, depends on available resources in the community for the rehabilitation of offenders. Thus,
the Agency, recognizing the important role of the community as a rehabilitation agent, involves the community in probation work through the use of
volunteer workers and welfare agencies.
Presidential Decree No. 968 permits the utilization of the services of Volunteer Probation Aides to assist the Probation and Parole Officers in the
supervision of probationers, parolees and pardonees particularly in the areas where the caseload is heavy and the office is understaff or where the
residence of the clientele is very far from the Parole and Probation Office. As defined, a Volunteer Probation Aide is a volunteer who is a citizen of good
moral character and good standing in the community, who has been carefully selected and trained to do volunteer probation work. He is appointed by
the Administrator after successful completion of the Introductory Training Course for probation volunteers. His term of office is one year but can be
renewed thereafter or terminated earlier depending upon his performance and willingness to serve.
Further, the PAROLE AND PROBATION ADMINISTRATION - (PPA), through its Community Services Division, Regional and Field Offices nationwide,
has been tapping government/non-government organizations/individuals for various rehabilitation programs and activities for probationers, parolees and
pardonees.
Llamado v. CA (1989)
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In its present form, Section 4 of the Probation Law establishes a much narrower period during which an
application for probation ma be filed with the trial curt: after the trial curt shall have convicted and sentenced a defendant
and within the period for perfecting an appeal. The provision expressly prohibits the grant of an application for probation
if the defendant has perfected an appeal from the judgment of conviction.
Petitioners right to apply for probation was lost when he perfected his appeal from the judgment of the trial
court. The trial court lost jurisdiction already over the case.
Salgado v. CA (1990)
There is no question that the decision convicting Salgado of the crime of serious physical injuries had become
final and executory because the filing by respondent of an application for probation is deemed a waiver of his right to
appeal.
The grant of probation does not extinguish the civil liability of the offender. The order of probation with one of the
conditions providing for the manner of payment of the civil liability during the period of probation, did not increase or
decrease the civil liability adjudged.
The conditions listed under Sec. 10 of the Probation law are not exclusive. Courts are allowed to impose
practically any term it chooses, the only limitation being that it does not jeopardize the constitutional rights of the accused.
Art. 79. Suspension of the execution and service of the penalties in case of insanity. When a convict
shall become insane or an imbecile after final sentence has been pronounced, the execution of said sentence shall be
suspended only with regard to the personal penalty, the provisions of the second paragraph of circumstance number 1 of
Article 12 being observed in the corresponding cases.
If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty shall have
prescribed in accordance with the provisions of this Code.
The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the
convict is serving his sentence.
Only execution of personal penalty is suspended: civil liability may be executed even in case of insanity of convict.
An accused may become insane:
a. at the time of commission of the crime
exempt from criminal liability
b. at the time of the trial
- court shall suspend hearings and order his confinement in a hospital until he recovers his reason
c. at the time of final judgment or while serving sentence
execution suspended with regard to the personal penalty only
see Exempting Circumstance of Minority for PD No. 603 and Rule on Juveniles in Conflict with Law.
A. TOTAL EXTINCTION
Art. 89. How criminal liability is totally extinguished. Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is
extinguished only when the death of the offender occurs before final judgment.
2. By service of the sentence;
3. By amnesty, which completely extinguishes
the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
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Extinction of criminal liability does not automatically extinguish the civil liability.
2. BY SERVICE OF SENTENCE
- crime is a debt incurred by the offender as a consequence of his wrongful act and the penalty is but the amount
of his debt. When payment is made, the debt is extinguished. Service of sentence does not extinguish civil liability.
3. BY AMNESTY
- amnesty is an act of the sovereign power granting oblivion or a general pardon for a past offense, and is rarely,
if ever, exercised in favor of a single individual, and is usually exerted in behalf of certain classes of persons, who are
subject to trial but have not yet been convicted.
4. BY ABSOLUTE PARDON
- It is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the
individual on whom is bestowed from the punishment the law inflicts for the crime he has committed.
Pardon Amnesty
Includes any crime Generally political offenses
Given after conviction Given before conviction or
institution of the action
Looks forward and forgives Looks backwards and
the punishment abolished the offense itself
Must be proved as a Being a result of a
defense proclamation, the court
may take judicial notice of
the same
Do not extinguish civil liability
5. BY PRESCRIPTION OF CRIME
- the forfeiture or loss of the right of the State to prosecute the offender after the lapse of a certain time.
6. BY PRESCRIPTION OF PENALTY
- the loss or forfeiture of the right of the government to execute the final sentence after the lapse of a certain time.
Requisites: a) that there be final judgment
b) that the period of time prescribed by law for its enforcement has elapsed.
Art. 90. Prescription of crime. Crimes punishable by death, reclusion perpetua or reclusion temporal shall
prescribe in twenty years.
Crimes punishable by other afflictive penalties shall prescribe in fifteen years.
Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by
arresto mayor, which shall prescribe in five years.
The crime of libel or other similar offenses shall prescribe in one year.
The crime of oral defamation and slander by deed shall prescribe in six months.
Light offenses prescribe in two months.
When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application
of the rules contained in the first, second and third paragraphs of this article. (As amended by RA 4661, approved June 19,
1966).
In computing the period of prescription, the first day is to be excluded and the last day included.
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Where the last day of the prescriptive period for filing an information falls on a Sunday or legal holiday, the information
can no longer be filed on the next day as the crime has already prescribed.
Art. 91. Computation of prescription of offenses. The period of prescription shall commence to run from
the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by
the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the
accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him.
The term of prescription shall not run when the offender is absent from the Philippine Archipelago.
Period commences to run from the day the offense is committed or discovered by the offended party, the authorities or
their agents. It does not run if the offender is outside the Philippines.
The fact that the offender is unknown will not interrupt the period of prescription because what the Code requires is the
discovery of the crime and not of the offender.
In continuing crime, the prescription commences to run after the termination of the continuity of the offense.
Period of prescription of election offense begins to run:
1) if discovery of the offense is incidental in a judicial proceeding
- from the date of the termination of the proceedings
2) otherwise
- from the date of the commission of the offense
Art. 92. When and how penalties prescribe. The penalties imposed by final sentence prescribe as follows:
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor, which prescribes in
five years;
4. Light penalties, in one year.
Art. 93. Computation of the prescription of penalties. The period of prescription of penalties shall
commence to run from the date when the culprit should evade the service of his sentence, and it shall be interrupted if the
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defendant should give himself up, be captured, should go to some foreign country with which this Government has no
extradition treaty, or should commit another crime before the expiration of the period of prescription.
Period commences to run from the date the culprit evades the service of sentence.
ELEMENTS:
a. penalty is imposed by final sentence
b. the convict evaded the service of sentence by escaping during the term of his sentence
c. escaped convict has not given himself up, or has been captured
d. penalty has prescribed because of the lapse of time
Art. 36. Pardon; its effect. A pardon shall not work the restoration of the right to hold public office, or the
right of suffrage, unless such rights be expressly restored by the terms of the pardon.
A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the
sentence.
period of the crime had not yet elapsed at the time the information was filed in 1991. The crime had not prescribed at the
time of the filing of the information.
B. PARTIAL EXTINCTION
Art. 94. Partial Extinction of criminal liability. Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while he is serving his sentence.
1. CONDITIONAL PARDON
a) when delivered and accepted is considered a contract between the sovereign power and the
convict that the former will release the latter upon compliance with the condition
b) usual condition he shall not again violate any of the penal laws of the Philippines
Violations of the conditions:
offender is rearrested and re-incarcerated
prosecution under Art. 159 of the RPC
2. COMMUTATION OF SENTENCE
a) reduce degree of penalty
b) decrease the length of imprisonment
c) decrease the amount of fine
Specific cases where commutation is provided for by the Code:
convict sentenced to death over 70 years old
10 justices of the SC fail to reach a decision for the affirmance of the death penalty
4. PAROLE
- consists in the suspension of the sentence of a convict without granting pardon, prescribing the terms upon
which the sentence shall be suspended.
- May be granted to a prisoner after serving the minimum penalty under the indeterminate sentence law
- Consists in the suspension of the sentence of a convict after serving the minimum term of the
indeterminate penalty, without granting a pardon prescribing the terms upon which the sentence shall be
punished.
Art. 95. Obligation incurred by person granted conditional pardon. Any person who has been granted
conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein otherwise, his non-
compliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of Article 159
shall be applied to him.
Art. 96. Effect of commutation of sentence. The commutation of the original sentence for another of a
different length and nature shall have the legal effect of substituting the latter in the place of the former.
Art. 97. Allowance for good conduct. The good conduct of any prisoner in any penal institution shall entitle
him to the following deductions from the period of his sentence:
1. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of
good behavior;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days
for each month of good behavior;
3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction
of ten days for each month of good behavior; and
4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen days
for each month of good behavior.
These allowances are granted by the Director of Prisons and once given cannot be revoked.
Art. 98. Special time allowance for loyalty. A deduction of one-fifth of the period of his sentence shall be
granted to any prisoner who, having evaded the service of his sentence under the circumstances mentioned in Article 58 of
this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the
passing away of the calamity or catastrophe to in said article.
This article does not apply to prisoners who did not escape.
Under Art. 158, a convict who evaded service of his sentence by leaving the penal institution on the occasion of disorder
resulting from a conflagration, earthquake, explosion or similar catastrophe or during a mutiny in which he did not
participate, is liable to an increased penalty (1/5 of the time still remaining to be served not to exceed 6 months) if he
fails to give himself up within 48 hours following the issuance of a proclamation by the President announcing the passing
away of the calamity.
Art. 99. Who grants time allowances. Whenever lawfully justified, the Director of Prisons shall grant
allowances for good conduct. Such allowances once granted shall not be revoked.
A. GENERAL RULE
RPC, Art. 100. Civil liability of a person guilty of felony. Every person criminally liable for a felony is also
civilly liable.
BASIS: A crime has dual character: a) as an offense against the state because of the disturbance of the social order; and
b) as an offense against the private person injured by the crime unless it involves the crime of treason, rebellion,
espionage, contempt and others wherein no civil liability arises on the part of the offender either because there are no
damages to be compensated or there is no private person injured by the crime.
In crimes against persons, like the crime of physical injuries, the injured party is entitled to be paid for whatever he
spent for the treatment of his wounds, doctors fees etc. as well as for loss or impairment of earning capacity.
Exemplary damages as part of the civil liability ma be imposed when the crime was committed with one or more
aggravating circumstances.
But if there is no damage caused by the commission of the crime, the offender is not civilly liable.
Civil liability arises from the commission of the felony. It is determined in the criminal action except:
a. the offended party waives his right to file a civil action
b. the offended party reserves his right to institute it separately, or
c. the offended party institutes the civil action prior to the criminal action.
A reservation of the right to file a separate civil action only gives the party aggrieved the right to choose under which
body of laws he must bring the civil action, either under the:
1. RPC where the recovery may be defeated by proof that the acts on which the action is based do not exist, or
2. Civil Code where the same proof is required to preclude recovery, or proof of diligence in the selection and
employment of the employee
Effect of ACQUITTAL:
As a rule, if the offender is acquitted, the civil liability is extinguished, except:
a) if the acquittal is on the ground that the guilt has not been proved beyond reasonable doubt
b) the acquittal was due to an exempting circumstance like insanity and
c) when the court finds and states in its judgment that there is only civil responsibility.
Civil Code, Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall
indemnify the latter for the same.
Art. 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the
provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title
XVIII of this Book, regulating damages. (1092a)
Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to
pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is
called a quasi-delict and is governed by the provisions of this Chapter.
Art. 2177. Responsibility for fault or negligence under the preceding article is entirely separate and distinct from
the civil liability arising from negligence under the Penal Code. But the plaintiff cannot recover damages twice for the same
act or omission of the defendant. (n)
RULE 111
PROSECUTION OF CIVIL ACTION
1985 Revised Rules on Criminal Procedure
Section 1. Institution of criminal and civil actions. When a criminal action is instituted, the civil action for the
recovery of civil liability is impliedly instituted with the criminal action, unless the offended party waives the civil action,
reserves his right to institute it separately, or institutes the civil action prior to the criminal action.
Such civil action includes recovery of indemnity under the Revised Penal Code, and damages under Articles 32,
33, 34 and 2176 of the Civil Code of the Philippines arising from the same act or omission of the accused.
A waiver of any of the civil actions extinguishes the others. The institution of, or the reservation of the right to file, any of
said civil actions separately waives the others.
The reservation of the right to institute the separate civil actions shall be made before the prosecution starts to
present its evidence and under circumstances affording the offended party a reasonable opportunity to make such
reservation.
In no case may the offended party recover damages twice for the same act or omission of the accused.
When the offended party seeks to enforce civil liability against the accused by way of moral, nominal, temperate
or exemplary damages, the filing fees for such civil action as provided in these Rules shall constitute a first lien on the
judgment except in an award for actual damages.
In cases wherein the amount of damages, other than actual, is alleged in the complaint or information, the
corresponding filing fees shall be paid by the offended party upon the filing thereof in court for trial.
Sec. 2. Institution of separate civil action. Except in the cases provided for in Section 3 hereof, after the
criminal action has been commenced, the civil action which has been reserved cannot be instituted until final judgment has
been rendered in the criminal action.
(a) Whenever the offended party shall have instituted the civil action as provided for in the first paragraph of
Section 1 hereof before the filing of the criminal action and the criminal action is subsequently commenced, the pending
civil action shall be suspended, in whatever stage before final judgment it may be found, until final judgment in the
criminal action has been rendered. However, if no final judgment has been rendered by the trial court in the civil action,
the same may be consolidated with the criminal action upon application with the court trying the criminal action. If the
application is granted, the evidence presented and admitted in the civil action shall be deemed automatically reproduced in
the criminal action, without prejudice to the admission of additional evidence that any party may wish to present. In case
of consolidation, both the criminal and the civil actions shall be tried and decided jointly.
(b) Extinction of the penal action does not carry with it extinction of the civil, unless the extinction proceeds from
a declaration in a final judgment that the fact from which the civil might arise did not exist.
Sec. 3. When civil action may proceed independently. In the cases provided for in Articles 32, 33, 34 and
2176 of the Civil Code of the Philippines, the independent civil action which has been reserved may be brought by the
offended party, shall proceed independently of the criminal action, and shall require only a preponderance of evidence.
Sec. 4. Judgment in civil action not a bar. A final judgment rendered in a civil action absolving the defendant
from civil liability is no bar to a criminal action.
Sec. 5. Elements of prejudicial question. The two (2) essential elements of a prejudicial question are: (a) the
civil action involves an issue similar or intimately related to the issue raised in the criminal action; and (b) the resolution of
such issue determines whether or not the criminal action may proceed.
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Sec. 6. Suspension by reason of prejudicial question. A petition for suspension of the criminal action based
upon the pendency of a prejudicial question in a civil action may be filed in the office of the fiscal or the court conducting
the preliminary investigation. When the criminal action has been filed in court for trial, the petition to suspend shall be filed
in the same criminal action at any time before the prosecution rests.
Chua v. CA (2004)
Facts: Hao, treasurer of Siena Realty Corporation, filed a complaint-affidavit with the City Prosecutor of Manila
charging Spouses Francis and Elsa Chua, of 4 counts of falsification of public documents pursuant to Article 172 in relation
to Article 171 of the RPC. Accused allegedly prepared, certified, and falsified the Minutes of the Annual Stockholders
meeting of the BOD of the Siena Realty Corporation by causing it to appear in said Minutes that Hao was present and has
participated in said proceedings. During the trial in the MeTC, Atty. Sua-Kho and Atty. Rivera appeared as private
prosecutors. Chua moved to exclude complainant's counsels as private prosecutors in the case on the ground that Hao
failed to allege and prove any civil liability in the case. Petitioner cites the case of Tan, Jr. v. Gallardo, holding that where
from the nature of the offense or where the law defining and punishing the offense charged does not provide for an
indemnity, the offended party may not intervene in the prosecution of the offense.
Held: Petitioner's contention lacks merit. Generally, the basis of civil liability arising from crime is the
fundamental postulate that every man criminally liable is also civilly liable. When a person commits a crime he offends two
entities namely (1) the society in which he lives in or the political entity called the State whose law he has violated; and
(2) the individual member of the society whose person, right, honor, chastity or property has been actually or directly
injured or damaged by the same punishable act or omission. An act or omission is felonious because it is punishable by
law, it gives rise to civil liability not so much because it is a crime but because it caused damage to another. Additionally,
what gives rise to the civil liability is really the obligation and the moral duty of everyone to repair or make whole the
damage caused to another by reason of his own act or omission, whether done intentionally or negligently. The indemnity
which a person is sentenced to pay forms an integral part of the penalty imposed by law for the commission of the crime.
The civil action involves the civil liability arising from the offense charged which includes restitution, reparation of the
damage caused, and indemnification for consequential damages.
Under the Rules, where the civil action for recovery of civil liability is instituted in the criminal action pursuant to
Rule 111, the offended party may intervene by counsel in the prosecution of the offense. 31 Rule 111(a) of the Rules of
Criminal Procedure provides that, "[w]hen a criminal action is instituted, the civil action arising from the offense charged
shall be deemed instituted with the criminal action unless the offended party waives the civil action, reserves the right to
institute it separately, or institutes the civil action prior to the criminal action."
Hao did not waive the civil action, nor did she reserve the right to institute it separately, nor institute the civil
action for damages arising from the offense charged. Thus, we find that the private prosecutors can intervene in the trial
of the criminal action.
Basilio v. CA (2000)
Facts: Pronebo was found guilty by the trial court of Reckless Imprudence resulting to the death of one
Advincula. Pronebo then filed an application for probation. Subsequently, the trial court issued an Order granting the
motion for execution of the subsidiary liability of his employer Basilio. Basilio now asserts that he was not given the
opportunity to be heard by the trial court to prove the absence of an employer-employee relationship between him and
accused. Nor that, alternatively, the accused was not lawfully discharging duties as an employee at the time of the
incident.
Held: The statutory basis for an employer's subsidiary liability is found in Article 103 of the RPC. This liability is
enforceable in the same criminal proceeding where the award is made. However, before execution against an employer
ensues, there must be a determination, in a hearing set for the purpose of 1) the existence of an employer-employee
relationship; 2) that the employer is engaged in some kind of industry; 3) that the employee is adjudged guilty of the
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wrongful act and found to have committed the offense in the discharge of his duties (not necessarily any offense he
commits "while" in the discharge of such duties; and 4) that said employee is insolvent.
Basilio knew of the criminal case that was filed against his driver because it was his truck that was involved in the
incident. Further, it was the insurance company, with which his truck was insured, that provided the counsel for Pronebo,
pursuant to the stipulations in their contract. Basilio did not intervene in the criminal proceedings, despite knowledge,
through counsel, that the prosecution adduced evidence to show employer-employee relationship. With the convict's
application for probation, the trial court's judgment became final and executory. All told, it is our view that the lower court
did not err when it found that Basilio was not denied due process. He had all his chances to intervene in the criminal
proceedings, and prove that he was not the employer of the accused, but he chooses not to intervene at the appropriate
time.
B. SPECIAL CASE
Art. 101. Rules regarding civil liability in certain cases. The exemption from criminal liability established
in subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this Code does not include exemption from
civil liability, which shall be enforced subject to the following rules:
First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts committed by an imbecile or
insane person, and by a person under nine years of age, or by one over nine but under fifteen years of age, who has acted
without discernment, shall devolve upon those having such person under their legal authority or control, unless it appears
that there was no fault or negligence on their part.
Should there be no person having such insane, imbecile or minor under his authority, legal guardianship or
control, or if such person be insolvent, said insane, imbecile, or minor shall respond with their own property, excepting
property exempt from execution, in accordance with the civil law.
Second. In cases falling within subdivision 4 of Article 11, the persons for whose benefit the harm has been
prevented shall be civilly liable in proportion to the benefit which they may have received.
The courts shall determine, in sound discretion, the proportionate amount for which each one shall be liable.
When the respective shares cannot be equitably determined, even approximately, or when the liability also
attaches to the Government, or to the majority of the inhabitants of the town, and, in all events, whenever the damages
have been caused with the consent of the authorities or their agents, indemnification shall be made in the manner
prescribed by special laws or regulations.
Third. In cases falling within subdivisions 5 and 6 of Article 12, the persons using violence or causing the fears
shall be primarily liable and secondarily, or, if there be no such persons, those doing the act shall be liable, saving always
to the latter that part of their property exempt from execution.
CIVIL LIABILITY OF PERSONS EXEMPT FROM CRIMINAL LIABILITY
Exemption from criminal liability does not include exemption from civil liability.
Exceptions:
1. There is no civil liability in paragraph 4 of Art. 12 which provides for injury caused by mere accident.
2. There is no civil liability in par. 7 of Art. 12 which provides for failure to perform an act required by law when
prevented by some lawful or insuperable cause.
The exemption from criminal liability does not include exemption from civil liability in the cases provided for in pars. 1, 2,
3, 5 and 6 of Art. 12. Pars. 4 and 7 are not mentioned. Therefore, there is also exemption from civil liability in the cases
provided for in pars. 4 and 7 of Art. 12.
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1. CIVIL LIABILITY FOR ACTS COMMITTED BY AN INSANE OR IMBECILE OR MINOR UNDER 9 OR OVER 9 AND
LESS THAN 15 WHO ACTED WITH DEISCERNMENT
A minor over 15 years of age who acts with discernment is not exempt from criminal liability that is why the RPC is silent
as to the subsidiary liability of his parents. The particular law that governs is Art. 2180 of the Civil Code which provides,
the father and, in case of his death or incapacity, the mother are responsible for damages caused by the minor children
who live in their company.
The final release of a child based on good conduct does not obliterate his civil liability for damages.
2. CIVIL LIABILITY FOR ACTS COMMITTED BY PERSONS ACTING UNDER IRRESISTIBLE FORCE OR
UNCONTROLLABE FEAR
- The persons using violence or causing the fear are primarily liable. if there be no such persons, those doing the act shall
be liable secondarily.
Art. 102. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of establishments.
In default of the persons criminally liable, innkeepers, tavernkeepers, and any other persons or corporations shall be civilly
liable for crimes committed in their establishments, in all cases where a violation of municipal ordinances or some general
or special police regulation shall have been committed by them or their employees.
Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft within their houses
from guests lodging therein, or for the payment of the value thereof, provided that such guests shall have notified in
advance the innkeeper himself, or the person representing him, of the deposit of such goods within the inn; and shall
furthermore have followed the directions which such innkeeper or his representative may have given them with respect to
the care and vigilance over such goods. No liability shall attach in case of robbery with violence against or intimidation of
persons unless committed by the innkeeper's employees.
ELEMENTS OF PAR 2.
1. The guests notified in advance the innkeeper or the person representing him of the deposit of their goods within
the inn or house.
2. The guest followed the directions of the innkeeper or his representative with respect to the care of the vigilance
over such goods.
3. Such goods of the guests lodging therein were taken by robbery with force upon things or theft committed within
the inn or house.
When all the above elements are present, the innkeeper is subsidiarily liable.
No liability shall attach in case of robbery with violence against or intimidation of persons, unless committed by the
innkeepers employees.
It is not necessary that the effects of the guest be actually delivered to the innkeeper, it is enough that they were within
the inn.
Art. 103. Subsidiary civil liability of other persons. The subsidiary liability established in the next
preceding article shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry for
felonies committed by their servants, pupils, workmen, apprentices, or employees in the discharge of their duties.
ELEMENTS:
1. The employer, teacher, person or corporation is engaged in any kind of industry.
2. Any of their servants, pupils, workmen, apprentices or employees commits a felony while in the discharge of his
duties.
3. The said employee is insolvent and has not satisfied his civil liability.
Art. 104. What is included in civil liability. The civil liability established in Articles 100, 101, 102, and 103
of this Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential
damages.
The first remedy granted by law is RESTITUTION of the thing taken away by the offender; if restitution cannot be made
by the offender or by his heirs, the law allows the offended party REPARATION. In either case, indemnity for consequential
damages may be required.
When property taken away is not recovered, the court must order the accused to restore it to its owner or, as an
alternative, to pay its just value.
Art. 105. Restitution; How made. The restitution of the thing itself must be made whenever possible, with
allowance for any deterioration, or diminution of value as determined by the court.
The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it
by lawful means, saving to the latter his action against the proper person, who may be liable to him.
This provision is not applicable in cases in which the thing has been acquired by the third person in the manner
and under the requirements which, by law, bar an action for its recovery.
Art. 106. Reparation; How made. The court shall determine the amount of damage, taking into
consideration the price of the thing, whenever possible, and its special sentimental value to the injured party, and
reparation shall be made accordingly.
If there is no evidence as to the value of the thing unrecovered, there can be no reparation.
The damages are limited to those caused by the crime.
The accused is liable for the damages caused as a result of the destruction of the property after the crime was
committed either because it was lost or destroyed by the accused himself or that of any other person or as a result of any
other cause or causes.
The accused is not relieved of his obligation to satisfy his civil liability if the insurance company has already paid the
offended party as the payment of the insurance company was not made on behalf of the accused but because the contract
with the insured-offended party. However, the insurance company is subrogated to the right of the offended party to
collect damages.
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Art. 107. Indemnification; What is included. Indemnification for consequential damages shall include not
only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime.
Damages cover not only ACTUAL OR COMPENSATORY damages but also MORAL AND EXEMPLARY or CORRECTIVE
damages, especially when attended by 1 or more aggravating circumstances in the commission of the crime and
considering that proof of pecuniary loss is not necessary in order that moral or exemplary damages may be adjudicated as
the assessment of such damages is left to the discretion of the court.
Contributory negligence of the offended party reduces the liability of the accused.
Art. 108. Obligation to make restoration, reparation for damages, or indemnification for
consequential damages and actions to demand the same; Upon whom it devolves. The obligation to make
restoration or reparation for damages and indemnification for consequential damages devolves upon the heirs of the
person liable.
The action to demand restoration, reparation, and indemnification likewise descends to the heirs of the person
injured.
Upon whom does the obligation to make restoration, reparation or indemnification for damages devolve?
- upon the HEIRS of the person liable
The heirs of the person liable has no obligation if restoration is not possible and the deceased left no property.
Civil liability is possible only when the offender dies after final judgment.
The action to demand restoration, reparation and indemnification descends to the heirs of the person injured.
Art. 109. Share of each person civilly liable. If there are two or more persons civilly liable for a felony, the
courts shall determine the amount for which each must respond.
Art. 110. Several and subsidiary liability of principals, accomplices and accessories of a felony;
Preference in payment. Notwithstanding the provisions of the next preceding article, the principals, accomplices, and
accessories, each within their respective class, shall be liable severally (in solidum) among themselves for their quotas,
and subsidiaries for those of the other persons liable.
The subsidiary liability shall be enforced, first against the property of the principals; next, against that of the
accomplices, and, lastly, against that of the accessories.
Whenever the liability in solidum or the subsidiary liability has been enforced, the person by whom payment has
been made shall have a right of action against the others for the amount of their respective shares.
Art. 111. Obligation to make restitution in certain cases. Any person who has participated gratuitously in
the proceeds of a felony shall be bound to make restitution in an amount equivalent to the extent of such participation.
This refers to a person who has participated gratuitously in the commission of a felony and he is bound to make
restitution in an amount equivalent to the extent of such participation.
The third person must be innocent of the commission of the crime; otherwise, he would be liable as an accessory and
this article will apply.
CRIMINAL LAW 1 UP College of Law
ESGUERRA NOTES 2007
Art. 112. Extinction of civil liability. Civil liability established in Articles 100, 101, 102, and 103 of this
Code shall be extinguished in the same manner as obligations, in accordance with the provisions of the Civil Law.
Extinguished in the same manner as other obligations in accordance with the provisions of the Civil Code.
Loss of the thing due does not extinguish civil liability because if the offender cannot make restitution, he is obliged to
make reparation.
Indemnity for damages as a judgment in a criminal case is purely civil in nature and is independent of the penalty
imposed.
Art. 113. Obligation to satisfy civil liability. Except in case of extinction of his civil liability as provided in
the next preceding article the offender shall continue to be obliged to satisfy the civil liability resulting from the crime
committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other
rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence or any other
reason.
Unless extinguished, civil liability subsists even if the offender has served sentence consisting of deprivation of liberty or
other rights or has served the same, due to amnesty, pardon, commutation of sentence or any other reason.
Under the law as amended, even if the subsidiary imprisonment is served for non-payment of fine, this pecuniary liability
of the defendant is not extinguished.