1

DISTINCTIONS BETWEEN
AFFLICTIVE, CORRECTIONAL, AND
DIVISIBLE PENALTIES
AFFLICTIVE CORRECTIONAL DIVISIBLE
Divided into three
periods. (Minimum,
An afflictive penalty, if A correctional penalty, if it
medium and maximum),
it exceeds 1.2M pesos; does not exceed 1.2M
penalties are from
pesos but is not less than
Reclusion Temporal
40,000 pesos;
down to arresto menor;
not applicable when the
penalty is indivisible or
prescribed by special
law or a fine; those that
have fixed duration.

ARTICLE 26
When afflictive, correctional, or light penalty.- a fine, whether imposed as a
single or as an alternative penalty, shall be considered an afflictive penalty , if
it exceeds 1.2 million pesos; a correctional penalty, if it does not exceed 1.2
million pesos but is not less than 40,000 pesos. Light penalty if it does not
exceed 40,000 pesos.

THREE-FOLD PURPOSE OF PENALTY

 2
RETRIBUTION OR CORRECTION OR SOCIAL DEFENSE
EXPIATION REFORMATION

The penalty is As shown by the rules As shown by its inflexible

commensurate with the which regulate the severity to recidivist and
gravity of the offense. It execution of the habitual delinquents.
permits society to exact penalties consisting in
proportionate revenge, deprivation of liberty.
and the offender to atone
for his wrongs.

COMPLEX CRIMES SPECIAL COMPLEX

CRIMES
In complex crimes, the offender has Special complex crime on the other hand
only one criminal intent; one penalty are component crimes constituting a
must be imposed. The penalty to be single indivisible offense, and are
applied is the penalty for the most penalized under one article of the RPC.
serious crime, the same to be applied Example: art. 294 provides for robbery
in its maximum period. There are two with homicide as a single offense.
kinds of complex crimes, first is the
compound crime, it when a single act
constitutes two or more grave or less
grave felonies, second is the complex
crime proper, when an offense is a
necessary means for committing the
other.
 3

EFFECTS OF CIVIL INTERDICTION

ARTICLE 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 conveyance inter vivos.

Civil Interdiction shall deprive the offender during the time of his
sentence of the rights of:
1. Parental Authority
2. Guardianship, either as to the person or property of the ward
3. Marital Authority
4. The right to manage his property
5. The right to dispose of such property by any act or any conveyance inter
vivos

***but can dispose through will mortis causa

THE PENALTY OF PERPETUAL OR

ABSOLUTE DISQUALIFICATION FOR
PUBLIC OFFICE
 4
ARTICLE 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 offen
der may have held, even if conferred by popular election.

2. The deprivation of the right to

vote in any election for any popular elective office or to be elected to
such office.

3. The disqualification for the offices or public employments and for the e
xercise of any of the rights mentioned.

In case of temporary disqualification, such disqualification as is comprise

d. In paragraphs 2 and 3 of this Article shall last during the term of thr
sentence.

4. The loss of all rights to retirement pay or other pension for any office
formerly held.

Note: A plebiscite is not contemplated in Article 30, paragraph 2, hence t

he offender may vote in that exercise subject to applicable election laws.
 5

ARTICLE 49 MEMORIZE
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, t
he 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 pen
alty
for either of the latter offenses, in which case the penalty provided for th
e
attempted or the frustrated crime shall be imposed in its maximum period
.
 6
Art49
has reference to the provision in the 1st par of Art 4 which provides that
criminal liability shall be incurred ―by any person committing a felony
although the wrongful act done be different from that which he intended‖
 Art 49
applicable only in cases when there is a mistake in identity of the victim
of the crime and the penalty for the crime committed is different from tha
t for the crime intended to be committed.

Art 49 also has no application where a more serious consequence not

intended by the offender befalls the same person.

Example: Juan only wanted to inflict a wound upon Pedro but because h
e lost control of his right arm, he killed Pedro. Art 49 not applicable.

Lesser penalty to be imposed in its maximum period.

SUBSIDIARY IMPRISONMENT
Subsidiary Imprisonment
Subsidiary imprisonment is a personal liability to be suffered by a convict who
has no property with which to meet the fine, at a rate of
one day for each amount equivalent to the highest minimum wage rate prevaili
ng in the Philippines at the time of the rendition of judgment of conviction by
the trial court, subject to the rules provided for in Article 39.
 7

These rules are:

1. If the principal penalty imposed is prision correccional or arresto and fine, th
e convict shall remain under confinement until
the fine is satisfied. This subsidiary imprisonment, however, cannot exceed one-
third of the term of sentence nor shall it continue for more than one year. No
part or fraction of a day can also be counted against him.

2. When the penalty imposed is a fine only, the subsidiary imprisonment cannot
exceed six months if the convict was prosecuted for a grave or
less grave felony, or fifteen days, if for a light felony.

3. If the principal penalty imposed is higher than prision correccional, or exceed

s six years, no subsidiary imprisonment may be imposed.

4. If the principal penalty imposed is not to be executed by confinement but is

of fixed duration, the subsidiary penalty shall consist in
the same deprivations as those of the principal penalty under
the same rules as in the preceding paragraphs.

5. If the financial circumstances of the convict should improve, he shall pay the
fine notwithstanding the subsidiary imprisonment he may have already served.

ADDITIONAL PENALTY TO BE
IMPOSED UPON A PRINCIPAL
 8

OFFENDER WHO SHALL BE

GUILTY OF A FELONY
Additional penalty imposed upon accessories who act with abuse of
their public functions
Article 59 provides that accessories who, with abuse of their public functi
ons, should harbour, conceal, or assist in the escape of
the principal shall suffer the penalty of:
• Perpetual absolute disqualification, if the principal is guilty of
a grave felony.
• Temporary absolute disqualification, if the principal is guilty of
a less grave felony.

PARDON BY THE OFFENDED PARTY

ARTICLE 23
Effect of pardon by the offended party. – A pardon by the offended
party does not extinguish criminal action except as provided in Article
344 of this Code; but civil liabilities with regard to the interest of the
injured party is extinguished by his express waiver.
 9

NOTE: Article 344 of the Revised Penal Code states: “Prosecution of

the crimes of adultery, concubinage, seduction, abduction, rape and acts
of lasciviousness. – … (Adultery and Concubinage) 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…”

Exception: Express pardon by the offended party will bar criminal

prosecution in the following cases:

1. Concubinage
2. Adultery
3. Seduction
4. Abduction
5. Rape
* 6. Acts of Lasciviousness Note: Since Rape is now a crime against
persons, it should be considered deleted from the list.

As regards to the private crimes of concubinage, adultery, seduction,

abduction, rape (now excluded) and acts of lasciviousness, the rules
are as follows:
 10
1. The offended spouse (in adultery and concubinage) must file the
criminal complaint against both the guilty parties, if they are both alive.
If pardon is extended, it must also be for both of the guilty parties.

2. The pardon extended by the offended party in private crimes

enumerated in Article 344, RPC must be made before the institution of
the criminal action.

The pardon in seduction, abduction and acts of lasciviousness must be

express (in writing). But in adultery and concubinage, a pardon, whether
express or implied, will bar a criminal prosecution. (People v. Sensano
et al., 58 Phil. 73; People v. Cornejo, 60 Phil 785)
However, pardon by the offended party to be effective must be given
before the institution of the criminal action. (People v. Lim, 206 SCRA
176)

ARTICLE 62 MEMORIZE
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
 11
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
person 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 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.
 12
5. (a) Habitual delinquency shall have the following effects. 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, 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. (As amended by Section 23 of R.A. no. 7659)

EFFECTS OF PARDON GIVEN BY

THE PRESIDENT IN THE EXERCISE
OF HIS PARDONING POWER
 13
A pardon is an act of grace, proceeding from the power entrusted with the exe
cution of the laws, which exempts the individual, on whom it is bestowed,
from the punishment the law inflicts for a crime he has committed.
It is the private, though official act of the executive magistrate, delivered to the
individual for whose benefit it is intended,
and not communicated officially to the Court. A pardon is a deed, to the validit
y of which delivery is essential, and delivery is not
complete without acceptance. A
pardon shall not restore the right to hold public office or the right of suffrage,
unless these rights have been expressly restored in the pardon.
It does not exempt the culprit from the payment of the civil indemnity nor
make an exemption to this rule. This power can only be exercised after conviction
and cannot extend to cases of impeachment. (Cristobal v. Labrador)

INDIVISIBLE PENALTY
(i) those which have no fixed duration
(ii) Death
(iii) Reclusion perpetua
(iiii) Perpetual absolute or special disqualification
(v) Public censure

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 comm ission of the deed. In all cases in
which the law prescribes a penalty composed of two indivisible
 14
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 in

the commission of the deed, 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 consider ation 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.
Rules for the application of indivisible penalties:

1) Penalty is single and indivisible

2) Penalty is composed of 2 indivisible penalties

a) One aggravating circumstance present: HIGHER penalty

b) No mitigating circumstances present: LESSER penalty
c) Some mitigating circumstances present and no aggravating: LESSER
penalty
d) Mitigating and aggravating circumstances offset each other
 15

a. Basis of penalty: number and importance.

3. One aggravating: (but regardless of the number of aggravating

circumstances, the courts cannot exceed the penalty provided by law in
its maximum period): MAXIMUM PERIOD

4. Mitigating and aggravating circumstances present: to offset each

other according to relative weight

5. Two or more mitigating and no aggravating: one degree lower (has

the effect of a privileged mitigating circumstance)

NOTE: Art. 64 does not apply to:

1) indivisible penalties
2) penalties prescribed by special laws
3) fines
4) crimes committed by negligence

Take the maximum of the minimum period, add 1 day and make it the
minimum of medium period; then add The penalty shall be applied
regardless of the presence of mitigating or Aggravating circumstances

Ex. reclusion perpetua or death

PENALTY OF IMPOSSIBLE CRIME

 16
Article 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.

Basis for the imposition of proper penalty in impossible crimes: social danger
and degree of criminality shown by the offender. Example: Juan fired a
revolver at Pedro at the distance of 2 kilometers. This shows stupidity rather
than danger. Juan should not be punished as there is neither social danger
nor degree of criminality. But if Juan was a convicted felon, act may be
punished.

Article limited to those cases of grave and less grave felonies.

PENALTIES THAN CAN BE

PRINCIPAL OR ACCESSORIES
Penalties that are either principal or accessory:
• Perpetual or temporary absolute disqualification
• Perpetual or temporary special disqualification
• Suspension These may be principal or accessory penalties, because
they are formed in the 2 general classes.
 17

ADDITIONAL PENALTY TO
PUBLIC OFFICERS WHO ARE
GUILTY OF A GRAVE FELONY
Absolute perpetual disqualification, if principal offender is guilty of a grave
felony

PAYMENT OF FINE IN RELATION

TO ARTICLE 247
Main consideration: wealth and means of the culprit

IMPOSITION OF PROPER
PRINCIPAL PENALTY IN CASE OF
MITIGATING OR AGGRAVATING
CIRCUMSTANCES
When there are mitigating circumstances- diminish the penalty
When there are aggravating circumstances: increase the penalty, without
exceeding the maximum provided by law.

Rules for application of penalties which contain 3 periods:

1. No ac.mc- medium period

2. 1 mc- min period
 18
3. 1 ac- max period
4. When there are ac and mc the court shall reasonably offset those one
class against the other according to their relative weight
5. 2 or more mc, NO ac, penalty next lower to that prescribed by law shall be
imposed.

DISTINCTIONS BETWEEN
PRESCRIPTION OF CRIME AND
PRESCRIPTION OF PENALTY
PRESCRIPTION OF CRIME
forfeiture or loss of the state to
prosecute the offender after the lapse
of a certain time; penalty prescribed by
law should be considered.
PRESCRIPTION OF PENALTY
loss or forfeiture of the Government to
execute the final sentence after the
lapse of certain time; penalty imposed
should be considered.

PAROLE
Suspension of the sentence of a
convict after serving the minimum
term of the indeterminate penalty.
Partial extinction of criminal liability
• It is given after the prisoner has
served the minimum penalty, is
PROBATION
It is a disposition under which a
defendant, after conviction and
sentence, is released subject to
conditions imposed by the court and to
the supervision of a probation officer.
There is a prohibition for the grant for
probation when the defendant has

granted by the Board of Pardons and
Parole under the provisions of the
ISL.
• For violation of the terms of parole,
the convict can be rearrested and
reincarcerated to serve the unserved
portion of his original penalty.
19
perfected an appeal from the judgment
of conviction (vice versa)
• Criteria for placing an offender on
probation:
1. Court must consider all information
relative to the:
a. Character
b. Antecedent
c. Environment
d. Mental
e. Physical condition of the offender
2. Available institutional and community
resources
Offenders disqualified from being
placed on a probation:
1. Those sentenced to serve a
maximum term of imprisonment of more
than 6 years
2. Those convicted of subversion or any
crime against national security
3. Those who were previously
convicted by final judgment of an
offense punished by imprisonment of
 20
not less than one month and one day or
a fine of not more than 40,000 pesos.
4. Those who have been once on
probation
5. Those who are already serving
sentence at the time the substantive
provisions of the decree became
applicable pursuant to Sec. 22
thereof.(DISREGARD #5)

Upon failure of the probationer to

comply with any of the conditions
prescribed in the order, or upon his
commssion of another offense, he shall
serve the penalty imposed for the
offense under which he was placed on
probation. (Original penalty imposed
shall be served)

DESTIERRO AS A PENALTY AND

SPECIFIC INSTANCES FOR ITS
IMPOSITION AS A PENALTY
DESTIERRO AS A PENALTY SPECIFIC INSTANCES
The duration of destierro is from 6 Destierro is the penalty imposed in the
months and 1 day to 6 years, which following situations:
is the same as that of prision

correccional and suspension.
Destierro is a principal penalty, it is a
punishment whereby a convict is
banished from a certain place and is
prohibited from entering or coming
near that place designated in the
sentence for not less than 25kms.
However, the court cannot extend
beyond 250kms. If the convict
should enter the prohibited places,
he commits the crime of evasion of
service of sentence under Article
157. But if the comvict himself would threats, when the offender is required to
go further from which he is banished
by the court, there is no evasion of
service of sentence because the
250km limit is upon the authority of
the court in banishing the convict.
21
1. In death or physical injuries inflicted
under exceptional circumstances
(art.247), when a legally married person
who had surprised his or her spouse in
the act of sexual intercourse with
another and while in that act or
immediately thereafter should kill or
inflict serious physical injuries upom the
other spouse and or the paramour or
mistress.
2. In the crimes of grave threats or light
put up a bond for good behavior but
failed or refused to do so (art. 248),
such convict shall be sentenced with
destierro so that he would not be able
to carry out his threat.
3. As a penalty for the concubine in the
crime of concubinage.
4. Where the penalty prescribed by law
is reduced by one or more degrees, the
penalty becomes destierro.
 22

IF THE OFFENDER SHALL BE IN

PRISON, THE COMPUTATION OF
DURATION OF THE TEMPORARY
PENALTIES.
If the offender shall be in prison, the term of the duration of the temporarhy
penalties shall be computed from the day on which the judgment of
conviction shall have become final.

RULE IN CASE OF SUBSIDIARY

IMPRISONMENT
Article 39 of the Revised Penal Code states that if the convict has no
property to which to meet the fine mentioned in Paragraph 2 of the next
preceding article, he shall be subject to a subsidiary personal liability at the
rate of one day of each eight pesos,subject to the following rules:

1. If the penalty imposed is prison correccional or arresto and fine-

subsidiary imprisonment shall not exceed 1/3 of the term of the sentenve,
and in no case to continue for more than one year, and no fraction or part of
a day shall be counted against prisoner.
 23
2. When the penalty imposed is fine only- the subsidiary imprisonment shall
not exceed six months, if the offense is grave or less grave felony, and not to
exceed 15 days, if light felony.

3. When the penalty imposed is higher than prision correccional, no

subsidiary imprisonment.

4. If the penalty imposed is not to be confinement, but of fixed duration- the

nature of the subsidiary penalty is the same as that of the principal penalty
under the same rules in number 1, 2, 3 above.

5. In case the financial circumstances of the convice should improve, he

shall pay the fine ( art. 39 RPC, as amended by RA 5465, April 21, 1969)

THE JUVENILE JUSTICE WELFARE

ACT OF 2006-DIVERSION PROGRAM
RA 9344, Juvenile Justice and Welfare Act of 2006:

Under RA 9344 minority is an exempting circumstance. It provides:

1. A child 15 years of age or under at the time of commission of
offense shall be exempt from criminal liability.
 24
2. A child above 15 years but below 18 years of age shall
likewise be exempted from criminal liability and be subjected
to intervention program pursuant to Section 20, unless he/she
has acted with discernment. If the accused acted with
discernment, he shall undergo diversion program without
undergoing proceeding. (Section 23).

Diversion" refers to an alternative, childappropriate process of determining the

responsibility and treatment of a child in
conflict with the law on the basis of his/her social, cultural, economic,
psychological or educational background without resorting
to formal court proceedings. This process
governs when the child is over 15 years old
but below 18 at the time of the commission of the crime and he
acted with discernment.

SPECIFIC FEATURES OF ARTS. 62,

69 AND 79
ART.62 ART.69 ART.79
Article 62. Article 69. Art. 79. (Suspension of t
Effect of the attendanc Penalty to be imposed whe he execution and service
e of mitigating or aggra n the crime committed is n of the penalties in
vating ot case of insanity).— Whe
circumstances and of h wholly excusable. — A pen n a convict shall become
abitual delinquency. — alty lower by one or two d insane or an
Mitigating or egrees than thatprescribed imbecile after final senten
 25
aggravating circumstanc by law shall be imposed if ce has been pronounced,
es and habitual delinqu the deed is not wholly exc the execution
ency shall be taken into usable of said sentence shall be
account for the purpos by reason of the lack of s suspended only with reg
e of diminishing or incr ome of the conditions requi ard to the personal
easing the penalty in red to justify the penalty, the provisions of
conformity with the follo same or to exempt from cr the second paragraph of
wing rules: iminal liability in the severa circumstance
l cases number 1 of Article 12 b
1. Aggravating circumst mentioned in Article 11 an eing observed in the corr
ances which in themsel d 12, provided that the maj esponding cases. If at an
ves constitute a ority of such y time the convict shall r
crime specially punisha conditions be present. The ecover his reason, his se
ble by law or which ar courts shall impose the pe ntence
e included by the law i nalty in the period shall be executed, unless
n which may be deemed pro the penalty shall have pr
defining a crime and pr per, in view of the number escribed in
escribing the penalty th and nature of accordance with the provi
erefor shall not be the conditions of exemption sions of this Code.
taken into present or lacking. The respective provisions
account for the purpos of this section shall also
e of increasing the pen Example: Lacanilao be observed
alty. v. CA, 162 SCRA 563 (19 if the insanity or Imbecilit
88) y occurs while the convic
1.(a) When in the co Facts: Bernardo Lacanilao, t is serving his sentence.
mmission of the crime, a police officer, was found

advantage was guilty for the crime of

 26
taken by the offender o homicide because of the d What are the effects of
f his public position, th eath of Ceferino Erese. He insanity?
e penalty to be impose is performing his duty
d as a policeman but shootin 1. During the commission
shall be in its maximu g Erece was not necessary of the offense- offender is
m regardless of mitigati . The CA sentenced him to exempt from cirminal
ng circumstances. The indeterminate penalty of six liability
maximum penalty shall 2. Becomes insane during
(6) years and one (1) day
be imposed if the offen trial- insanity shall suspend
of prision mayor,
the proceedings
se was as the minimum, to twelve
3. After the final snetence
committed by any pers (12) years and one (1) day
has been pronounced- the
on who belongs to an of reclusion temporal,
execution of the sentence
organized / syndicated as the maximum.
shall be suspended only
crime group. Ruling: The present case
with regard to his personal
An organized / syndicat would have fallen under N
linaility. The execution of
ed crime group means o. 5 of Article 11 if the tw
his pecuniary liabilities
a group of two o shall not be suspended.
or more persons collab conditions therefore, viz: (1
orating, confederating, ) that the accused acted in
or mutually helping one the performance of
another for purposes of duty or lawful exercise of a
gain in the commission right of office and (2) that
of any crime. the injury or offense
committed be necessary co
2. nsequence of the due perf
The same rule shall ap ormance of such duty
ply with respect to any or the lawful exercise of su
 27
aggravating ch right or office, concurre
circumstance inherent i d. But here only the first
n the crime to such a condition is fulfilled, the se
degree that it must of cond is wanting.
necessity accompany th Consequently, Article 69 is
e commission thereof. applicable, for the require
ment ―that the
3. majority of such conditions
Aggravating or mitigatin be present‘ is immaterial si
g circumstances which nce there are only two
arise from conditions in order that the
the moral attributes of t circumstance in No. 5 of
he offender, or from hi Article 11 may be taken
s private relations with into account. Article 69 is,
the offended party, or f obviously, in favor of the a
rom any other personal ccused as it provides for a
cause, shall only serve penalty lower than that pre
to aggravate or mitigat scribed by law when the cr
e the liability of the pri ime committed is not
ncipals, accomplices wholly justifiable, the intenti
and accessories as to on of the legislature being
whom such circumstanc to mitigate the penalty
es are attendant. by reason of the diminution
of either freedom of action
4. , intelligence, or intent,
The circumstances whic or of the lesser perversity
h consist in the materi of the offender.
 28
al execution of The petitioner is hereby SE
the act, or in the mean NTENCED to an indetermin
s employed to accompli ate penalty of
sh it, shall serve to from two (2) years, four (
aggravate or mitigate t 4) months, and one (1) da
he liability of those per y of prision correccional, to
sons only who had eight (8) years and one (1)
knowledge of them at t day of prision mayor.
he time of the executio
n of the act or their
cooperation therein.

5. (a)
Habitual delinquency sh
all have the following e
ffects.
Upon a third conviction,
the culprit shall be sen
tenced to the
penalty provided by law
for the last crime of w
hich he be found guilty
and to the additional p
enalty of prision correc
cional in its medium an
d maximum periods;
 29
(b)
Upon a fourth convictio
n, the culprit shall be s
entenced to
the penalty provided for
the last crime of which
he be found guilty
and to the additional p
enalty of prision mayor
in its minimum and
medium periods; and

(c)
Upon a fifth or addition
al conviction, the culprit
shall be
sentenced to the penalt
y provided for the last
crime of which he be
found guilty and to the
additional penalty of p
rision mayor in its
maximum period to
reclusion temporal in it
s minimum period.
Notwithstanding the pro
visions of this article, t
 30
he total of the two
penalties to be impose
d upon the offender, in
conformity herewith,
shall in no case excee
d 30 years.

For the purpose of this

article, a person shall
be deemed to be
habitual delinquent, if w
ithin a period of ten ye
ars from the date of hi
s
release or last convictio
n of the crimes of seri
ous or less serious phy
sical
injuries, robo, hurto, est
afa or falsification, he i
s found guilty of any of
said crimes a third tim
e or oftener. (As amen
ded by Section 23 of
R.A. no. 7659)
 31

THE INSTANCES WHEN

MINORS ARE DISQUALIFIED
FROM AVAILING
THE BENEFITS OF A SUSPENDED
SENTENCE WHEN THEY ARE
CONVICTED OF AN OFFENSE
The exception to the suspension of sentence in case of youthful offenders are:
1. If the offender has previously enjoyed a suspension of sentence.
2. If the offender is convicted of an offense punishable by death or life
imprisonment.
3. If the offender is convicted by a military tribunal.

RULE ON THE INTERRUPTION OF

PRESCRIPTION OF OFFENSES
 32
1. Prescription commences to run from the day following the commission if the
offense or discovery of the crime by the offended aprty, the authorities or their
agents.

2. The period is interrupted by the filing of the complaint or information.

If an information is filed within the prescriptive period and it is amended by
including a new and different act and not mere correction, the date o the
amendment is to be considered; otherwise, the date of the original information.

3. The period commences to run again when such proceeding terminate:

A. Without the accused being convicted or acquitted
B. Are unjustifiabley stopped for any reason not imputable to the offender

In a continuing crime, the period of prescription is equivalent to the space

created between the date of the commission and consummation and the date of
the prosecution. The prescription commences to run after termination of the
continuity of the offense.

4. Prescription shall not run when the offender is outside the philippines, except
when there is an extradition treaty.

THE PERIOD OF BOND TO KEEP

THE PEACE
Article 35 of the RPC states that the court shall determine, according to its discretion,
the period of duration of the bond.
 33

DISQUALIFICATIONS OF HABITUAL
DELINQUENTS AND RECIDIVISTS
HD RECIDIVISTS
 34

APPLICATION AND
DISQUALIFICATIONS OF THE ISL
Applies both violations of the RPC and special laws where imprisonment
would exceed 1 year, application is MANDATORY and only to divisible
penalties
In the case of People vs. Gabres, the Court has had occasion to so state
that — ―Under the Indeterminate Sentence Law, the maximum term of
the penalty shall be ‗that which, in view of the attending circumstances,
could be properly imposed‘ under the Revised Penal Code, and the
minimum shall be within the range of the penalty next lower to that
prescribed‘ for the offense. The penalty next lower should be based on
the penalty prescribed by the Code for the offense, without first
considering any modifying circumstance attendant to the commission of
the crime . The determination of the minimum penalty is left by law to
the sound discretion of the court and it can be anywhere within the
range of the penalty next lower without any reference to the periods into
which it might be subdivided. The modifying circumstances are
considered only in the imposition of the maximum term of the
indeterminate sentence.―The fact that the amounts involved in the instant
case exceed P22,000.00 should not be considered in the initial
determination of the indeterminate penalty; instead, the matter should be
so taken as analogous to modifying circumstances in the imposition of
the maximum term of the full indeterminate sentence . This interpretation
 35
of the law accords with the rule that penal laws should be construed in
favor of the accused. Since the penalty prescribed by law for the estafa
charge against accused-appellant is prision correccionalmaximum to
prision mayor minimum, the penalty next lower would then be prision
correccional minimum to medium. Thus, the minimum term of the
indeterminate sentence should be anywhere within six (6) months and
one (1) day to four (4) years and two (2) months . . .‖ (People v. Saley;
GR 121179, July 2, ‘98)
Steps in applying ISLAW ISLAW is not applicable when:
1. Determine the crime committed,
whether in the attempted, frustrated, 1. Offense is punishable with death,
or consummated stage and the penalty RP, or life imprisonment. (RP included
imposable by SC. RP is deemed included in the
term life imprisonment) Exception: if
2. What affects the penalty there are privileged mitigating
imposable? Determine the existence of circumstances.
aggravating and mitigating
circumstances. Consider 1st the 2. Convicted of treason, conspiracy or
existence of privilege mitigating. proposal to commit treason.

3. Lower by one degree from the 3. Convicted of misprision of treason,

penalty imposable or from the proper rebellion, sedition, espionage
degree to get the minimum. Judges
has the discretion to fix the minimum 4. Convicted of piracy
in any period of the minimum penalty.
5. Habitual delinquents • Recidivist are
4. From the minimum, go up 1 entitled to ISLAW • Offender not
degree to get the maximum and apply disqualified even if the crime is
art 64 to get the maximum period. committed while on parole.
 36

6. Person who have escaped from

confinement or evaded sentence

7. Those who violated the terms of

the conditional pardon.

8. Those whose maximum term of

imprisonment does not exceed 1 year
• Penalties not more than 1 year
should be straight penalties

9. Those sentenced to the penalty of

destierro or suspension only

10. Those who are already serving

final judgment upon the approval of
the ISLAW
 37

APPLICATION OF
ACTUAL DAMAGES,
MORAL DAMAGES, EXEMPLARY
DAMAGES AND
TEMPERATE DAMAGES
ACTUAL MORAL DAMAGES EXEMPLARY TEMPERATE
DAMAGES DAMAGES DAMAGES
it s necessary for i t may be 30,000, it may be 25,000, must be
a party seeking recovered in the given when one or awarded
the award of follwing and more aggravating considering that it
actual damages to analogous cases: circumstances are was established tht
produce 1. A criminal present. the victim’s family
competent proof offense resulting in incurred expenses
or the best physical injuries for his
evidence 2. Seduction, hospitalization and
obtainable to abduction, rape or burial.
justify such other lascivious
award. acts Under art. 2224, TD
3. Adultery or may be recovered
concubinage when the court
4. Illegal or arbitrary finds that some
detentions or arrest pecuniary loss was
5. Illegal search suffered but its
6. Libel, slander or amount can’t be
any other form of proved with
defamation certainty.
 38
7. Malicious
prosecution It may be awarded
if income of victim
is not sufficiently
proven
Moral and
In crimes of rape, exemplary
moral damages damages do not
may additionally be require proof of
awarded to the pecuniary loss.
victim without need
for pleading or
proof of the basis
thereof

Moral and
exemplary
damages do not
require proof of
pecuniary loss.
 39

RULE IN ORDER OF PAYMENT OF

PECUNIARY LIABILITIES, WHERE
THE PROPERTY OF THE
OFFENDER IS NOT SUFFICIENT
FOR THE PAYMENT OF ALL HIS
LIABILITIES
Art. 38.Pecuniary liabilities; Order of payment. — In case the property
of the offender should not be sufficient for the payment of all his
pecuniary liabilities, the same shall be met in the following order:

1. The reparation of the damage caused.

2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.
 40

WHERE THE OFFENDER MAY

SERVE THE PENALTY OF
ARRESTO MENOR
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 seems satisfactory to it.

STUDY THE PERIOD OF DETENTION TO BE

UNDERGONE BY AN ACCUSED WHEN THE
OFFENSE WITH WHICH HE IS CHARGED IS
NONBAILABLE OR EVEN IF BAILABLE, HE
CANNOT POST A BOND FOR HIS PROVISIONAL
LIBERTY.
Article 29.Period of preventive imprisonment deducted form term of
imprisonment. – Offenders or accused 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
agree voluntarily in writing to abide by the same disciplinary rules
imposed upon convicted prisoners, except in the following case:
 41
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.

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 R.A. No. 6127,
and further amended by E.O. No. 214, July 10, 1987.)

STUDY THE RULE WHERE UNLAWFUL

AGGRESSION AND ANY OF THE TWO
REMAINING ELEMENTS ARE PRESENT
For incomplete self-defense together with any of the two remaining
elements, the rule is to lower the penalty by two degrees.
 42

STUDY THE RULE WHEN A MINOR WHOSE

SENTENCE IS SUSPENDED BECAUSE OF RA.9344
AND IS REFERRED TO AN INTERVENTION PROGRAM,
BUT DURING THE PROCESS HE BECOMES
INCORRIGIBLE IN THE REFORMATORY
INSTITUTION.
Article 68. Penalty to be imposed upon a person under eighteen years
of age. — When the offender is a minor under eighteen years and his c
ase 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 alwa
ys in the proper period.
 43
Notes: Art. 68 applies to such minor if his application for suspension of s
entence is
disapproved or if while in the reformatory institution he becomes incorrigi
ble
in which case he shall be returned to the court for the imposition of the
proper penalty.

Art. 68 provides for 2 privileged mitigating circumstances

under 15 but over 9 and has acted w/ discerment: 2 degrees lower

under 18 but over 15: 1 degree lower

If the act is attended by two or more mitigating circumstance and no

aggravating circumstance, the penalty being divisible a minor over 15 but
under 18 may still get a penalty two degrees lower.

THE NEW PROBATION LAW (RA

10707)
SEE PROBATION LAW PPT.
JD-1A PAGE
Subject to the provisions of this Decree, the trial court may, after it shall have convicted and sentenced a
defendant for a probationable penalty and upon application by said defendant within the period for perfecting
an appeal, suspend the execution of the sentence and place the defendant on probation for such period and
upon such terms and conditions as it may deem best. No application for probation shall be entertained or
 44
granted if the defendant has perfected the appeal from the judgment of conviction: PROVIDED, that when a
judgment of conviction imposing a non-probationable penalty is appealed or reviewed., and such judgment
is modified through the imposition of a probationable penalty, the defendant shall be allowed to apply for
probation based on the modified decision before such decision becomes final. The application for probation
based on the modified decision shall be filed in the trial court where such case has since been re-raffled. In
a case involving several defendants where some have taken further appeal, the other defendants may apply
for probation by submitting a written application and attaching thereto a certified true copy of the judgment of
conviction.

NEW RULES AMENDING

94 96 97 98 99
RA 10592
P.889 RPC TO 899

SEE ALSO CARTY’S REPORT

 45

PART II ESSAY
RANGE OF PENALTIES
PENALTIES ENTIRETY MINIMUM MEDIUM MAXIMUM ACCESSORY
PENALTY
DEATH
RECLUSION 20 years 20 years To 40 years
PERPUTUA and 1 day and 1 day
to 40 years
RECLUSION 12 years 12 years 14 years, 17 years, 4
TEMPORAL and 1 day and 1 day 8 month months a d
ti 20 years ti 14 years and 1 day 1 day ti 20
and 8 ti 17 years
months years and
4 months
PRISION MAYOR, 6 years 6 years 8 years 10 years
AD AND STD and 1 day and 1 day and 1 day and 1 day
to 12 years to 8 years to 10 to 12 years
years
PRISION 6 months 6 months 2 years, 4 4 years, 2
CORRECCIONAL, and 1 day and 1 day months months
SUSPENSION ti 6 years to 2 years and 1 day and 1 day
AND DESTIERRO to 4 years to 6 years
 46
and 4 and 2
months months
ARRESTO 1 month 1 to 2 2 months 4 months
MAYOR and 1 day months and 1 day and1 day
ti 6 months to 4 to 6 monts
months
ARRESTO 1 to 30 1 to 10 11 to 20 21 to 30
MENOR days days days days

CAN THERE BE A COMPLEX CRIME

OF COUP D’ETAT WITH
REBELLION?
Yes, if there was conspiracy between the offender/s committing the coup
d’etat and the offenders committing the rebellion. By conspiracy, the crime of
one would be the crime of the othr nd vice versa. This is possible because the
offender in coup d’etat may be any person or persons belonging to the
military or the national police or a public officer, whereas rebellion does not
so require. Moreover, the crime of coup d’etat may be committed singly,
whereas rebellion requires a public uprising and taking up arms to overthrow
the duly constituted government. Since the two crimes are essentially
different and punished with distinct penalties,there is no legal impediment to
the application of Art.48 of the RPC.
 47

CAN A PENAL ACTION BE

EXTINGUISHED AFTER THE
INSTITUTION OF CRIMINAL
ACTION?
NOT SURE IF THIS IS THE RIGHT ANSWER

Chua vs CA, 443 SCRA 142, Nov 19, 2004

Facts: Lydia Hao filed with the city prosecutor 4 counts of falsification of
public documents against Francis Chua. The case was initially handled by the
city prosecutor until private prosecutors intervened in the case. Chua filed a
motion asking that said private prosecutors be excluded from the case and
such was granted. However, Hao filed a certiorari asking for the private
prosecutors to be allowed to intervene and such was granted. Chua moved
for a reconsideration of the order allowing private prosecutors to intervene.

Contention of Chua: 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.

Issue: Are private prosecutors allowed to intervene when a case has been
initially filed and handled by a public prosecutor?
 48
Ruling: Yes in relation to the civil liability. Generally, the basis of civil liability
arising from crime is the fundamental postulate that every man criminally
liable is also civilly liable. 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.
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. Private respondent 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.

READ PROSECUTION OF CIVIL ACTION ARISING FROM CRIME. P.905 RPC

(TAMA BA? HAHA).

SANTIAGO V GARCHITORENA
 49
FACTS: Miriam Defensor Santiago, then Commissioner of the
Commission of Immigration and Deportation (CID), was charged with
violation of Section 3 (e) of R.A. No. 3019 (AntiGraft and Corrupt
Practices Act) for allegedly approving the application for legalization of
the stay of about 32 aliens. Thirtytwo (32) separate information were
filed against her, and each of the information was a verbatim
reproduction of each other.
ISSUE: Whether the series of acts (signing of 32 documents) committed
by Santiago arise from a single intent?

HELD: Yes. Only one crime was committed by Santiago, thus there
should only be one criminal information filed against her. The SC
ordered the consolidation of the 32 separate information filed against
Santiago. Her acts of signing the 32 release orders of overstaying
aliens proceeded from the belief that there was no legal basis for their
continuous detention.

DECLARADOR V HON. GUBATON

FACTS: Frank Bansales was born on June 3, 1985. He was a student at
the Cabug-Cabug National High School in President Roxas, Capiz. He
was convicted of murder for killing Yvonne Declarador, his teacher. At
the time of the commission of the crime, Bansales was only 17 years
old. The trial court suspended the imposition of his penalty and
Bansales was admitted to the Regional Rehabilitation Center.
Declarador’s party filed an appeal.
ISSUE: Is Bansales entitled to the automatic suspension granted by P.D.
No. 603?
 50
HELD: No. The CS ruled in favor of Declarador. Bansales was found
guilty of murder, a crime punishable by reclusion perpetua to death. It
is clear from the words of Section 32 of P.D. No. 603 that a person
who is convicted of an offense punishable by death, life imprisonment,
or reclusion perpetua is disqualified from availing the benefits of a
suspended sentence.

RULE IN RECKLESS
IMPRUDENCE, COMPLEX CRIME
OR NOT? FOCUS ON IVLER CASE
Reckless imprudence is not a complex crime, it is a single crome, its
consequences on persons and property are material only to determine the
penalty. The charge for slight physical injuries through reckless imprudence
could not be joined with the accusation for serious physical injuries through
reckless imprudence, because Art.48 of the RPC allows only the complexing
of grave or less grave felonies. (People v. IVLER)

CAN REBELLION NOW BE

COMPLEXED WITH OTHER
COMMON CRIMES
 51
Rebellion cannot be complexed with
other crimes, such as murder and arson. Rebellion itself would include an
d absorb the said crimes; The charged of complex rebellion with
murder and multiple frustrated murders is to be read as simple rebellion.
Murders, arson and robbery are mere ingredient of the crime of rebellion
(people v. Hernandez; Enrile v Salazar).

RULE IN THE USE OF FIREARMS

AND AUTOMATIC FIREARMS
Single larceny cannot be applied in cases where firearms or
automatic firearms were utilized for commision of a crime. In
accordance with the Tabaco and Sanchez doctrine where it is rules
that,It is not the act of pressing the trigger which should produce the
several felonies but the number of bullets which actually produced
them. Hence, when the pressing of the trigger of a submachine gun
and the gun fired continually and killed or injured several
persons, there are as may crimes as are persons killed or injured. In
view of the specal mechanism of automatic or submachine guns which
can caus several deaths, although carried by a single act of pressing
trigger, are considered as separate, several acts.

PEOPLE V
MAKILANG
FACTS: On June 30, 1996, Erlindo
Makilang (accused), by means of
force and intimidation, raped his
daughter, Evelyn Makilang, 12 years months and 20 days of prision
old. The accused contended that
he should be entitled to an
acquittal since Evelyn herself
categorically declared that she had
forgiven her father.
ISSUE: Whether the accused is
entitled to the provision of pardon
when the offended party who is a
minor is the only person granting
pardon without the consent of the
parent/guardian
HELD: No. In cases where the
offended party is a minor, the
pardon must be given by both the
parent/s and the victim. In the case RULING: The Supreme Court said
at bar, while it appeared that
Evelyn (the victim) had already
forgiven her father, the records
52
PEOPLE V LUNA
FACTS: Juan Luna attempted to
abduct 12 years of age Juana Isidro.
He was condemned to 1 year, 8
correccional with accessories and
payment of costs. Tomas Rivera, a
representative of her daughter,
granted express pardon in favor of
Luna, remitting the penalty to which
he may have become liable, having
been granted generously with out
consideration of recompense or
coercion.
ISSUE: Whether or not penal action
or liability to the penalty fixed for its
punishment may be extinguished by
the pardon made by the father in
behalf of a minor.
that granting of a pardon, in the
name or behalf of a minor is not
sufficient to extinguish penal action.

were bereft of any similar act from
the mother. Thus, the plea of the
accised that he was effectively
pardon must fail.
RULE ON RECLUSION PERPETUA
ON WHETHER IT IS DIVISIBLE OR
INDIVISBLE.
53
In order that the pardon produce its
effects it must be made by the
person injured or in case the person
is a minor the parents or guardian of
such person must take part in
granting thereof. But the granting of
pardon by this person alone, in the
name or in behalf of the minor is not
sufficient, because, as the offense,
essentially and directly affects the
injured party, she alone is entitled to
remit the offense and to authorize the
extinction of the penal action.
***Pardon given by parents,
grandparents or guardian without the
offended minor‘s consent is not valid
as the consent of the offended party
is needed (People vs Luna). Pardon
given by the offended minor alone is
not also valid as the pardon must be
given by boththe parents and the
offended party (People vs Makilang).
 54
In ―People -vs- Conrado Lucas, 240 SCRA 66, the Supreme Court
declared that despite the amendment of Article 27 of the Revised Penal
Code, reclusion perpetua remained an indivisible penalty. Hence, the
penalty does not have any minimum, medium and maximum period.
Hence, there is no such penalty of medium period of reclusion
perpetua. (People versus Tiburcio Baculi, 246 SCRA)

RECLUSION
PERPETUA
Reclusion perpetua is that penalty
provided for in the RPC for crimes
defined in and penalized therein except
for some crimes defined by specal laws
which impose reclusion perpetua, such
as violations of RA 6425, as amended
by RA 7659 or of PD 1860
LIFE
IMPRISONMENT
life imprisonment is a penalty usually
provided for in special laws. Reclusion
Perpetua has a duration of 20 yrs and 1
day to 40 years under RA 7659, while LI
has no duration. RP may be reduced by
one or two degress; reclusion
perpetuates accessory penalties while
LI does not have any accessory
penalties (people v. Baguio)

MAY A JUDGE IMPOSE AN

ALTERNATIVE PENALTY OF FINE
OR IMPRISONMENT?
 55
A judge cannot impose impose an alternative penalty of fine or
imprisonment. Penalties cannot be imposed in the alternative. In a case
decided by the SC, it was forwarded that the law does not permit any court
to impose a sentence in the alternative, its duty being to indicate the penalty
imposed definitely and positively.

READ ALL CASES ON PROBATION.

R.A 10707

THE RULE AND EXCEPTIONS FOR

THE CIVIL LIABILITY OF THE
ACCUSED IN CASE OF ACQUITTAL
OF THE ACCUSED IN A CRIMINAL
CASE?
Article 100.Civil liability of a person guilty of felony. - Every person
criminally liable for a felony is also civilly liable.

No. Section 2, par. (b), of Rule 111 of the Rules of Court, as amended,
specifically provides: "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. The judgment of acquittal extinguishes the liability
 56
of the accused for damages only when it includes a declaration that the
fact from which the civil liability might arise did not exist.

Exception to the rule that acquittal from a criminal case extinguishes cilvil
liability are:

1. When the civil action is based on obligatins not arising from the act
complained of as a felony;
2. When acwuittal is based on reasonable doubt or acquital is on the ground
that guilt has not been proven beyond reasonable doubt. (Art. 29, ncc)
3. Acquittal due to an exempting circumstance, like insanity
4. Where the court states in its judgment that the case merely involves a civil
obligation
5. Where there was a proper reservation for the filing of a separate civil action
6. In cases of independent civil actions provided for in Arts. 31,32,33 and 34
of the ncc.
7. When the judgment of acquittal includes a declaration that the fact from
which the civil liability might arise did not exist (sapiera v ca)
8. Where the civil liability is not derived or based on the criminal act of which
the accused is acquitted.

THE RULE ON AWARD OF

DAMAGES. APPLICATION OF THE
RULES ON INDEMNITY. PEOPLE
V. MONTEMAYOR
 57
Five occasions of rape in the same date would constitute one moral damage.

Different occasions of rape that occurred in different dates would constitute

different moral damages. One moral damage for a specific occasion.

REQUISITES AND THE RULES IN

CASE OF SUBSIDIARY LIABILITY
OF EMPLOYERS.
Article 103.Subsidiary civil liability of other persons. - The subsidiary
liability established in the next preceding article shall also apply to
employers, teachers, persons, and corporations engaged in any kind
of industry for felonies committed by their servants, pupils, workmen,
apprentices, or employees in the discharge of their duties.

In order that an employer may be held subsidiarily liable for the

employee's civil liability in the criminal action, it should be shown
(1) that the employer, etc. is engaged in any kind of industry,
(2) that the employee committed the offense in the discharge of his
duties and
(3) that he is insolvent (Basa Marketing Corp. v. Bolinao, 117 SCRA
156).

The subsidiary liability of the employer, however, arises only after

conviction of the employee in the criminal action. All these requisites
present, the employer becomes ipso facto subsidiarily liable upon the
 58
employee's conviction and upon proof of the latter's insolvency (carpio
v doroja)

THE INSTANCES OR SITUATIONS

IN CRIMINAL CASSES WHEREIN
THE ACCUSED, EITHER AS AN
ADULT OR AS A MINOR, CAN
APPLY FOR AND/OR BE GRANTED
A SUSPENDED SENTENCE.
1. where the accused became insane before sentence could be promulgated
(Art. 79, RPC);

2. where the offender, upon conviction by the trial court, filed an application
for probation which has been granted (Baclayon v. Mutia, 129 SCRA
148119841);

3. where the offender needs to be confined in a rehabilitation center because

of drug-dependency although convicted of the crime charged;

4. where the offender is a youthful offender under Art. 192, PD 603,

otherwise referred to as the Child and Youth Welfare Code; and

5. where the, crime was committed when the offender is under 18 years of
age and he is found guilty thereof in accordance with Rep. Act 9344,
otherwise known as the "Juvenile Justice and Welfare Act of 2006", but the
 59
trial court subjects him to appropriate disposition measures as prescribed by
the Supreme Court in the Rule on Juveniles in Conflict with the Law.

6. the death sentence shall be suspended upon a woman while she is

pregnant or within one year after delivery. (Art. 83, Revised Penal Code)

7. Section 66 of RA 9165 (Comprehensive Dangerous Drugs Act of 2002)

SECTION 66. Suspension of Sentence of a First-Time Minor Offender. - An
accused who is over fifteen (15) years of age at the time of the commission
of the offense mentioned in Section 11 of this Act, but not more than
eighteen (18) years of age at the time when judgment should have been
promulgated after having been found guilty of said offense, may be given the
benefits of a suspended sentence, subject to the following conditions:

a. He/she has not been previously convicted of violating any provision of this
Act, or of the Dangerous Drugs Act of 1972, as amended; or of the Revised
Penal Code; or of any special penal laws;
b. He/she has not been previously committed to a Center or to the care of a
DOH-accredited physician; and
c. The, Board favorably recommends that his/her sentence be suspended xxx"
"SECTION 66. Suspension of Sentence of a First-Time Minor Offender. - An
accused

8. When the sentence is death, its execution may be suspended or

postponed by the Supreme Court, through the issuance of a RO upon the
ground of supervening events (Echegaray v. Secretary of Justice, 301 SCRA 96
[19991).
 60

THE RULE IN CASE OF VIOLATION

OF CONDITIONAL PARDON,
PAROLE OR PROBATION. HOW
MCUH OF THE REMAINING
PENALTY SHOULD BE SERVED?
In violation of conditional p Section 8: a) Mandatory or general- once violated
ardon, as a Violations , the probation is cancelled.
rule, the violation will amou of the b) Discretionary or special- conditions
nt to this crime only conditions which the courts may

if the condition is violated d of the additionally impose on the probationer.

parole: If
uring the remaining Probation statutes are
he/she
period of the sentence. liberal in character and the court may
violates
Offender must be found gui impose any term it chooses,
any of the
lty of subsequent as long as the probationer‘s constitutio
conditions
offense before he can be p nal rights are not violated.
of the
rosecuted under Article
parole,
159. [Torres vs. Gonzales]
the Board
If the condition of the pard may issue
on is violated when his
the remaining unserved port warrant of
ion of the sentence arrest. If
has already lapsed, there w captured/
ill be no more arrested,
criminal liability for the viola he shall
 61
tion. However, the serve the
convict maybe required to s remaining
erve the unserved unexpired

portion of the sentence, tha portion of

t is, continue serving the
maximum
original penalty.
sentence
for which
he was
originally
committed
unless a
new
parole
was
granted.

APPLICATION OF ISL

COMPUTATION OF LOSS EARNING

CAPACITY.
 62
Formula in determining loss of earning capacity
Net earning capacity = x
X= Life Expectancy(LE) x gross annual income – living expenses (50% of
gross annual income)
LE = 2/3 x (80 – aged of deceased)

• There must be unbiased proof of the deceased average income

• Rule is that documentary evidence should be presented to substantiate
a claim for damages for loss of earning capacity.
Loss of earning capacity must always be supported by documentary evide
nces, except:
1. Self employed and earning less than min wage
2. Employed as a daily wage worker earning less the min wage,

Even if a daily wage worker is earning less than minimum wage, if he is

not employed full time or he is just seasonally employed

Moral damages - - - - - Automatically granted in:

1. Rape
2. Death
3. Detention Never punitive in nature and were never intended to enrich t
he claimant at the expense of the defendant.

Can be awarded without proof if it‘s obvious that physical suffering is pre
sent.
 63
Expenses relating to the 40th day and death anniversary cannot be consid
ered actual expenses because of lapse of time.

Actual damages must be supported by receipts. An exception is for memb

ers of
indegenous community or Indegenous Persons (Mangyan, Ita, Igorot, etc.)

The heirs of the person liable has no obligation if restoration is not possi
ble and the deceased left no property.

Other kinds of damages: temperate and nominal damages may be awarde

d if the
court finds that some pecuniary loss was suffered by its amount cannot b
e proved with certainty.

Attorney‘s fees- allowed to be recovered when:

a. It is in the concept of actual or compensatory damage
b. if the defendant‘s acts or ommission compelled plaintiff to litigate with
third persons or to incur expenses to protect their rights.

In cases of complex crimes where rape and death are present, the indem
nity is 100 000 pesos while the moral damage is 50 000.
 64
NEW RULE ON PAYMENT OF DAMAGES