CRIMINAL LAW REVIEWER  Preventive Imprisonment – the time of being detained will

be counted in their favor unless one is a recidivist and failed

Pardon to surrender voluntarily
 No felony shall be punishable by any penalty not prescribed
Civil Interdiction
by law prior to its commission.
 Private crimes- state or officials cannot file a case without  convict by final judgment
the consent of the private party.  deprived of his civil rights
 Rape is still covered by pardon  habeas corpus and custody
 before the institution of the criminal action and for  inter vivos means while you survive or while you exist
both offenders (pardon being referred to is not the
Complex Crimes
one granted by the President)
 Express pardon is executed in an affidavit saying that the  all within the RPC not in a Special Law
complaint is no longer ratified.  When there is no Complex Crime:
 Implied pardon is when the offended party continues to live  when the subsequent crime is inherent to the
with her spouse (if it is because and for the welfare of the commission of the crime
children then there is no implied pardon)  one offense committed to _____ the other
 They give pardon to the minor offender without the consent  one offense is penalized by a special law
of the minor offended party not just the consent of the  the crime committed is not by a single act
parents.  rebellion with murder, arson, robbery or other
 Marriage as pardon- the marriage should be valid, otherwise common crimes
there is no pardon.
 In cases of multiple rapist marriage to one of the rapists Special Complex Crime
means pardon of all the rapists
 Defined by law RA 7659
 even after conviction, if the offended party marries the
 Continued Crime
rapists it extinguishes criminal liability. not complex crimes
 Transitory Crime
 In rape cases, only marriage as pardon can extinguish
criminal liability. Complex Crime Penalty
 In adultery, sexual intercourse is an act of forgiveness
 only one penalty for complex crimes; one intention, one act,
Period of Preventive Imprisonment one penalty
 Ex-convict – those convicted by final judgment Compound Crimes and Complex Crime Proper
 all offenses resulting from complex crime
  gravest of the crimes alleged in the information will be the Novation
basis of penalty
 extinguishment of obligation by the substitution or change of
 1 grave + 1 light = no compound crime
the obligation by subsequent one
 complex crimes can happen in crimes of negligence or
 there has to be irreconcilable incompatibility
reckless imprudence
 there has to be a clear understanding of a change of
 Robbery with homicide is a special complex crime
obligation
Not Complex Crime  should exist prior to the filing of the case
 change in the mode of payment is not necessarily novation
 homicide should happen on the occasion of robbery
 there has to be express or implied consent
 crime against property not person
 whatever is the principal purpose is is still robbery with
homicide
 Civil liability arising from delics will die with the person
 one act can give rise to civil liabilities
 from the discovery of the crime
 Conspiracy in uniformity of action

 Robbery with rape – purpose and intent is necessary

 if raped then robbed, two crimes were committed  Prescription will not run even if the accused is in the country
but is hiding
 there is no such thing as robbery with multiple rape  filing the case to the office of the prosecution stops the
prescription
 when he never served his service penalties shall prescribe
Complex Crime Proper – committing a crime necessary to commit
another crime. Civil Liability arising from a crime
Successive Service  offends the state
 offends the private person
 Simultaneous
 ex-delicto cannot be filed separately from the crime
 Severity
 Maximum duration
 cannot exceed 40 years