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A. Fundamental and
(A) MALA IN SE AND MALA PROHIBITA:
General Principles BAR 1997, 1999, 2001, 2003, 2005
Mala In Se Mala Prohibita
As to Nature
1. DEFINITION OF CRIMINAL LAW Wrong from its very nature Wrong because it is
Branch or division of law which defines crimes, treats prohibited by statute.
of their nature, and provides for its punishment. Use of Good Faith as a Defense
Good faith is a valid defense; Good faith is NOT a
unless the crime is the result defense.
of culpa.
CRIME (DEFINITION)
Use of intent as an element
An act committed or omitted in violation of law Intent is an element. Criminal intent is
forbidding or commanding it. immaterial.
Degree of Accomplishment of the Crime
The degree of The act gives rise to a crime
TWO THEORIES IN CRIMINAL LAW accomplishment of the crime only when it is
is taken into account in consummated.
BAR 1996
punishing the offender.
1. Classical Theory.
As to Mitigating and Aggravating Circumstances
School of thought followed by the Revised Penal Code.
Mitigating and aggravating Mitigating and aggravating
circumstances are taken into circumstances are generally
Characteristics:
account in imposing the NOT taken into account in
a. The basis of criminal liability is human free will;
proper penalty. imposing the proper
purpose of penalty is retribution.
penalty.
b. That man is essentially a moral creature with an
absolute free will to choose between good and evil, Degree of Participation
thereby placing more stress upon the effect or When there is more than one Degree of participation is
result of the felonious act than upon the man, the offender, the degree of generally NOT taken into
criminal himself. participation of each in the account. All who
c. It has endeavored to establish a direct and commission of the crime is participated in the act are
mechanical proportion between the crime and the taken into account. punished to the same
liability. extent.
d. There is scant regard to the human element. As to Persons Criminally Liable
Penalty is computed on the The penalty on the
2. Positivists theory basis of whether he is a offenders is the SAME
That crime is essentially a social a natural phenomenon, principal offender, or merely whether they are merely
and as such, it cannot be treated and checked by the an accomplice, or accessory. accomplices or accessories.
application of abstract principles of law and Laws Violated
jurisprudence nor by the imposition of a punishment, Revised Penal Code (General Special Laws (General Rule)
fixed and determined as basis; but rather through the Rule)
enforcement of individual measures in each particular As to Stages in Execution
case after a thorough, personal, and individual There are three stages: No such stages of execution.
investigation conduction by a competent body of attempted, frustrated, and
psychiatrists and social scientists. consummated.
As to Persons Criminally Liable
This theory is manifested by impossible crimes, juvenile
There are three persons Unless otherwise provided,
delinquency, etc.
criminally liable: principal, only the principal is liable.
accomplices, and accessories.
As to Division of Penalties
Penalties may be divided into There is NO such division of
degrees and periods. penalties.
Mala Prohibita
Generally applies to crimes punishable by special
laws.
2Not applicable when the foreign country adversely affected 3 In the absence of a treaty to the contrary.
does not provide similar protection. 4 Art. 2 of the Revised Penal Code
ACCORDING TO THE MEANS BY WHICH THEY ARE • The offender has no intention to cause an
COMMITTED: injury to the person, property or right of
(1) Intentional Felonies (DOLO) another.
(2) Culpable Felonies (CULPA)
• Acts executed negligently are voluntary.
Bar 2011
Wrongful act results from imprudence, negligence, lack of
foresight or lack of skill.
14The offender is imprudent, negligent, or lacks foresight or
skill while doing the act or omitting to do the act.
2. That the intention of the accused in performing (B) ELEMENTS OF CRIMINAL LIABILITY
the act should be lawful;
Article 4, RPC.
3. That the mistake must be without fault or
Criminal liability. – Criminal liability shall be incurred:
careless on the part of the accused.
1. By any person committing a felony (delito) although
the wrongful act done be different from that which he
INTENT VS. MOTIVE intended.
BAR 1996, 1999, 2004
Intent Motive 2. By any person performing an act which would be an
It is the reason for using It is the moving power which offense against persons or property, were it not for
a particular means to impels one to action for a the inherent impossibility of its accomplishment or on
effect such result. definite result. account of the employment of inadequate or
ineffectual means.
It is an element of the It is not an element of the
crime, except in crime.
unintentional felonies.
Par. 1:
It is essential in It is essential only when the By any person committing a felony (delito) although
intentional felonies. identity of the perpetrator or
the wrongful act done be different from which he
the specific crime committed is
in doubt. intended.
• Motive is NOT an essential element of crime, and • The wrongful act done must NOT result from
hence, need not be proved for purposes of imprudence, negligence, lack of foresight or lack
conviction. of skill of the offender.
• Proof of motive is NOT sufficient to support 2. That the wrong done to the aggrieved party must
conviction. be the direct, natural, and logical consequence of
the felony committed.
• Lack of motive may be an aid in showing the
innocence of the accused.
a. That an intentional felony has been committed.
4. Where there are no eyewitnesses to the crime and • Any person who creates in another’s
suspicion is most likely to fall upon a number of mind an immediate sense of danger,
persons; which causes the latter to do something
resulting in the latter’s injuries, is liable
BAR 2011 for the resulting injuries.
5. If the evidence is merely circumstantial;
b. That the wrong done to the aggrieved party
must be the direct, natural, and logical
6. In ascertaining the motive in defense of stranger. consequence of the felony committed.
b. That death may be expected from the physical b. The nervousness or temperament of the victim;
injuries inflicted. (e.g. removing the drainage from wound)
c. That death ensued within a reasonable time. c. Causes which are inherent in the victim; (e.g. not
knowing how to swim, tuba addict)
Felony committed is not the proximate cause of the
resulting injury when: d. Neglect of the victim or third person; (ex. Refusal
of medical attendance)
1. There is an active force between the felony
committed and the resulting injury, such active e. Erroneous or unskilled medical or surgical
force is distinct a distinct act or fact absolutely treatment (unless the wound is slight or not
foreign from the felony committed. mortal)
2. The resulting injury is due to the intentional act • One is accountable only for his own acts and
of the victim. (i.e. fault or carelessness of the their natural, direct, and logical consequences,
victim must have its origin from his malicious act and not for those which bear no relation to the
or omission so as to increase the criminal liability initial cause.
of the assailant.
• The offended party is not obliged to submit to a Crimes against property: (BRUT SC2AM2)
surgical operation to relieve the accused from a. Brigandage [Art. 306 - 307]
the natural and ordinary results of the crime. b. Robbery [Art. 294, 297 300, 302 - 303]
c. Usurpation [Art. 312 - 313]
• A person is not liable criminally for all possible d. Culpable Insolvency [Art. 314]
consequences which may immediately follow e. Theft [Art. 308, 310, 311]
his felonious act, but only for such as are f. Swindling and other deceits [Art. 315 - 318]
proximate. g. Chattel Mortgage [Art. 319]
h. Arson and other crimes involving destruction
[Art. 320 - 326]
(C) IMPOSSIBLE CRIME i. Malicious Mischief [Art. 327 - 331]
• Impossible crimes ONLY apply to grave and less Inherent impossibility of its accomplishment:
grave felonies.
a. Legal impossibility15
Where the intended acts, even if completed
REQUISITES OF IMPOSSIBLE CRIME: (PEIN)
would not amount to crime. (e.g. Stealing a
1. That the act performed would be an offense property that turned out to be owned by the
against persons or property. stealer)
2. That the act was done with evil intent.
b. Physical impossibility16
3. That its accomplishment is inherently impossible, When extraneous circumstances unknown to
or that the means employed is either inadequate the actor or beyond his control prevent the
or ineffectual; and consummation of the intended crime. (e.g.
When one tries to murder a corpse; peppered
4. That the act performed should NOT constitute a the victim’s house with bullets, the victim
violation of another provision of the RPC being absent at the time)
(otherwise, said act would be punishable under
said provision). Where the means employed is adequate and
the result is not produced, it is not an
impossible crime, but a frustrated felony.
a. That the act performed would be an offense
against persons or property.
Penalty
Crimes against persons: (PPRAHMID) The penalty for impossible crime is arresto menor or a
a. Parricide [Art. 246] fine ranging from 200-500 pesos.17
b. Physical injuries [Art. 262 - 266]
c. Rape [Art. 266 - A]
d. Abortion [Art. 256 - 259] Art 5, RPC.
e. Homicide [Art. 249] Duty of the court in connection with acts which should be
f. Murder [Art. 248]
g. Infanticide [Art. 255] 15 Intod Et. Al. v. CA, G.R. No. 103119
h. Duel [Art. 260 - 261] 16 People v. Domasian, 219 SCRA 245
17 Art. 59 of the Revised Penal Code
repressed but which are not covered by the law, and in cases • It is the duty of the judicial officers to
of excessive penalties. – Whenever a court has knowledge of respect and apply law, regardless of their
any act which it may deem proper to repress and which is not private opinions.
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 • The only function of the judiciary is to
said act should be made the subject of penal legislation. interpret the law and, if not in disharmony
with the Constitution, to apply them.
In the same way, the court shall submit to the Chief
Executive, through the Department of Justice, such • Judge has the duty to apply the law as
statement as may be deemed proper, without suspending the interpreted by the Supreme Court.
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 • Not applicable to crimes punished by special
degree of malice and the injury caused by the offense. laws.
4. The judge must then make a report to the Chief There is an attempt when the offender commences the
Executive, through the Sectary of Justice, stating commission of a felony directly by overt acts, and does not
the reasons which induce him to believe that the perform all the acts of execution which should produce the
said act should be made the subject of penal felony by reason of some cause or accident other than this
legislation. own spontaneous desistance.
Par. 2
“In cases of excessive penalties.” MANNER OF COMMITTING CRIMES
1. Formal Crimes
Requisites:
1. The court after trial finds the accused guilty; Formal crimes, defined
Consummated in one instant, no attempt. It
2. The penalty provided by law and which the court consummates the crime by mere attempt or
imposes for the crime committed appears to be proposal or by overt act.
clearly excessive, because –
E.g. slander, false testimony, mere act of selling
a) The accused acted with lesser degree of or acting as a broker for the sale of prohibited
malice, and/or; drugs, flight to enemy’s country, corruption of
minors, treason, physical injuries, acts of
b) There is no injury or the injury case is of lasciviousness.
lesser gravity.
2. Crimes consummated by mere attempt or
3. The court should not suspend the execution of the proposal or by overt act.
sentence.
3. Felony by omission
4. The judge should submit a statement to the Chief
Executive, through Secretary of Justice, • There is no attempted stage because the
recommending executive clemency. offender does not execute acts. He omits to
perform an act which the law requires him to
do. (Except for killing a child by starving him)
4. Crimes requiring the intervention of two persons Felony deemed commenced directly by overt acts
to commit them are consummated by mere when the following are present:
agreement. (e.g. betting in sports contests, a. That there be external acts;
corruption of public officials, etc.)
b. Such external acts have direct connection
• The offer made by one of the parties to the with the crime intended to be committed.
other constitutes attempted felony if the
offer is rejected. Overt Act
A physical activity or deed, indicating the
• It is frustrated if the person returned the intention to commit a crime. [Reyes]
money given by the offender.
Indeterminate Offense
5. Material Crimes It is one where the purpose of the offender in
• Crimes which involve the three stages of performing an act is not certain. Its nature in
execution. (e.g. homicide, murder, robbery, relation to its objective is ambiguous; thus, the
etc.) accused may be convicted of a felony defined by
the acts performed by him up to the time of
desistance.
DEVELOPMENT OF CRIME
1. Internal acts “Directly by overt acts”
Mere ideas in the mind of a person are not Only offenders who personally execute the
punishable. commission of a crime can be guilty of
attempted felony. Thus, principal by inducement
2. External Acts cannot be guilty of attempted felony.
Cover (a) preparatory acts and (b) acts of
execution.
b. That the offender does NOT perform all the acts
Preparatory act of execution which produce the felony.
Ordinarily, these acts are not punishable.
(Except for Art. 8 when the law provides for its Something still remains to be done by the
punishment in certain felonies, Art. 304: offender. If anything yet remained for him to do,
possession of picklocks, and Art. 176: possession he would be guilty of attempted felony.
of implements for committing falsification)
c. The offender’s act be not stopped by his own
Acts of execution spontaneous desistance.
They are punishable under RPC as provided by
Art. 6. The offender fails and stops to perform all the
acts of execution which should produce the felony
because of some cause or accident, not his own
STAGES OF EXECUTION:18 spontaneous desistance.
1. Attempted Felony
d. That the felony is not produced by reason of
Requisites: some cause or accident other than his own
1. That the offender commences the spontaneous desistance.
commission of a felony directly by overt acts.
If the actor does not perform all the acts of
2. That the offender does not perform all the execution by reason of his own spontaneous
acts of execution which produce the felony. desistance, there is no attempted felony. The law
does not punish him.
3. The offender’s act is not stopped by his own
spontaneous desistance. • It is not necessary that spontaneous
desistance be actuated by good motives.
4. The non-performance of all acts of execution • Desistance should be made before all the
was due to a cause or accident other than his acts of execution are performed.
own spontaneous desistance.
Desistance
It is an absolutory cause which negates
a. That the offender commences the commission criminal liability because the law encourages
of a felony directly by overt acts a person to desist from committing a crime.
18 Does not apply to crimes under special laws, unless • The desistance which exempts from
otherwise provided; crimes by omission; and formal crimes. criminal liability has reference to the
• If between those two points the offender is 4. The felony is not produced by reason of
stopped by any cause outside of his own causes independent of the will of the
voluntary desistance, the subjective phase perpetrator.
has not been passed and it is an attempt.
Certain causes which may prevent the
• If he is not so stopped but continues until he consummation of the offense are:
performs the last act, it is frustrated,
provided the crime is not produced. The acts a. Intervention of third persons who
then of the offender reached the objective prevented the consummation of the
phase. offense; thus, it makes it frustrated.
General Rule: When conspiracy is established, all who NO criminal proposal when:
participated therein, irrespective of the quantity or 1. The person who proposes is not determined to
quality of his participation is liable equally, whether commit the felony;
pre-planned or instantaneous.19
2. There is no definite, concrete, and formal
Exception: Unless one or some of the conspirators proposal but a mere suggestion;
committed some other crime which is not part of the
intended crime. 3. It is not the execution of a felony that is
proposed.
Exception to the exception: When the act constitutes
a “single indivisible offense.” • It is not necessary that the person to whom
the proposal is made agrees to commit of any
BAR 1998, 2003 of the TRIC.
Doctrine of Implied Conspiracy
Conspiracy may be inferred if it is proven that two or more
• If the proposal is accepted, it becomes
persons aimed their acts towards the accomplishment of the
same unlawful object, each doing a part so that their acts conspiracy.
although apparently independent were in fact connected and
cooperative, this indicating a closeness of personal • The crimes in which conspiracy and proposal
association and a concurrence of sentiments. are punishable are against the security of the
State or economic security.
Less Grave Felonies, defined General Rule: The provisions of the Revised Penal
Those which the law punishes with penalties which in Code are supplementary to special laws.
their maximum are CORRECTIONAL, in accordance
with Article 25 of this Code. Exceptions:
1. Where the special law provides otherwise.
ENUMERATION OF PENALTIES UNDER LESS GRAVE
FELONIES: 2. When the provisions of the RPC are impossible of
1. Prision Correctional; application, either by express provision or by
2. Arresto Mayor; necessary implication.
3. Destierro;
4. Suspension;
5. Fines equal to or more than 200 pesos but not less PROVISIONS OF THE RPC MADE SUPPLEMENTARY
than 6000 pesos. TO SPECIAL LAWS:
c. If the penalty is composed of two periods of an 5. Article 100 and 39 (regarding the indemnity and
afflictive/ correctional penalty or two periods subsidiary imprisonment were applied to the
corresponding to different afflictive/ correctional Motor Vehicle Law.)
penalties, the offense for which is prescribed is a
grave felony/ less grave felony.
PROVISIONS OF THE RPC WHICH WERE HELD
INAPPLICABLE TO SPECIAL LAWS:
Light Felonies, defined
Those infractions of law for the commission of which 1. Article 6 (regarding attempted or frustrated
the penalty of arresto menor or a fine not exceeding felonies.)
200 pesos, or both, is provided.
2. Article 13 (regarding mitigating circumstances.)
Note:
When the code provides a fine of exactly 200 pesos for 3. Article 14 (regarding aggravating circumstances.)
the commission of a felony, it is a light felony
regardless of the provision in Article 26 of the Code Note:
which provides that a fine not less than 200 pesos is a Articles 13 and 14 of the RPC are applicable to
correctional penalty. special laws if the latter follows the scheme of
penalties of the RPC.
A continuous, unlawful act or series of acts set on foot iii. Two or more less grave felonies.
by a single impulse and operated by an unintermittent • Light felonies produced by the same act should be
force, however long a time it may occupy. treated and punished as separate offenses or may be
absorbed by the grave felony or when committed with
Although there is a series of acts, there is only one force or violence.
crime committed. Hence, only one penalty shall be
• Article 48 excludes crimes punishable by special laws.
imposed.
• Criminal negligence [Art. 365] can be complexed.
2. Complex crime proper
An offense is a necessary means for committing another
(F) COMPLEX CRIMES AND COMPOSITE offense.
CRIMES Requisites:
a. At least two offenses are committed;
Art 48, RPC.
b. One or some of the offenses must be necessary to
Penalty for complex crimes. – When a single act constitutes
commit the other; and
two or more grave or less grave felonies, or when an offense
is a necessary means for committing the other, the penalty c. Both or all of the offenses must be punished under
for the most serious crime shall be imposed, the same to be the same statute.
applied in its maximum period.
• Note: Necessary means is not equivalent to
indispensable means. It is also not inherent in the
Plurality of Crimes, defined crimes nor defines the other crime so as to
constitute an element of another offense
Consists in the successive execution, by the same
committed.
individual, of different criminal acts, upon any of
which no conviction has yet been declared. • The first offense must be consummated.
NO COMPLEX CRIME IN THE FOLLOWING CASES: Rules in Art. 48 are NOT applicable:
1. In case of continuous crimes; 1. When the crimes subject of the case have
2. When one offense is committed to conceal the other; common elements;
3. When the other crime is an indispensable part or an
element of the other offense or offenses;
4. Where one of the offenses is penalized by a special 2. When the crimes involved are subject to the rule
law; and of absorption of one crime by the other;
5. When the provision provides for a two-tiered penalty.
3. Where the two offenses resulting from a single
act are specifically punished as a single crime,
Note: such as less serious physical injuries with serious
• Art. 48 is intended to favor the culprit. slander of deed, since this is punished under Art.
265 par. 2 as the single crime of less serious
• The penalty for complex crime is the penalty for physical injuries with ignominy;
the most serious crime, the same to be applied in
its maximum period. 4. In special complex crimes or composite crimes;
• If different crimes resulting from one single act 5. When the crimes involved cannot be legally
are punished with the same penalty, the penalty complexed, viz:
for any one of them shall be imposed the same to a. Abusive service of search warrant [Art. 129]
be applied in the maximum period. with perjury [Art. 183];
• When two felonies constitute a complex crime, b. Bribery [Art. 210] with infidelity in the
are punishable by imprisonment and fine custody of prisoners [Arts. 223-225];
respectively only the penalty of imprisonment
should be imposed. c. Maltreatment of prisoners [Art. 235] with
serious physical injuries [Art. 263];
• There is no fine imposed in complex crimes.
d. Usurpation of real right [Art. 312] with
serious physical injuries [Art. 263]; and
• When a complex crime is charged and one offense
is not proven the accused can be convicted of the e. Abandonment of persons in danger [Art. 275]
other. and crimes against minors [Arts. 276 to 278]
with any other felony.
• There is NO complex crime in estafa thru
falsification of private document as both crimes
require damage as an element which, if used for
one renders the other incomplete, hence, the Special Complex Crimes, defined
query is as to which crime was committed first. Those which are expressly treated by law as single
indivisible offenses although comprising more than
• If at the outset, the accused took a woman away one specific crime and with specific penalty.
against her will and with lewd designs on his part
and he thereafter raped her, this would clearly be Examples:
the complex crime of abduction with rape.21 1. Rape with homicide,
• Subsequent acts of intercourse after forcible The homicide must always be consummated;
abduction with rape are separate acts of rape for otherwise, the two would constitute separate
even while the first act of rape was being offenses. The rape may either be consummated or
performed the crime of forcible abduction was attempted.
already consummated so that each of the three
succeeding rapes cannot be complexed with 2. Kidnapping with homicide,
forcible abduction.22
3. Kidnapping with rape,
• There is no complex crime of rebellion with
murder arson, robbery or other common crimes. Kidnapping with rape is different from abduction
with rape; in the latter, there is lewd design
• Article 48 does not apply to Act Penalized under [People vs. Jose G.R. No. L -28232, Feb 6, 1971]
Article 365 of the Revised Penal Code.23
4. Robbery with homicide,
21 People vs. Oso, 62 Phil. 271 Additional acts of homicide are NOT aggravating.
22 People vs. Jose, G.R. No. L-282232, Feb 6, 1971
23 Ivler vs. San Pedro & Ponce, G.R. No. 172716, Nov 17, 2010
5. Robbery with rape,
24People of the Philippines v. Edna Malngan, G.R. No. • There is both no crime and no criminal.
170470, September 26, 2006
• There is peril to one’s life, limb, or right. If NOT at the stipulated time and place,
an attack subsequent to it becomes an
Actual, defined unlawful aggression.
The danger must be present, that is, actually in
existence. • One who voluntarily joins a fight cannot
claim self-defense.
Imminent, defined
The danger is on the point of happening. It is not
required that the attack already begins, for it Unlawful aggression in defense of other rights.
may be too late.
1. Defense of Right to Chastity
• There must be actual physical force or actual • Embracing a woman, touching her
use of weapon. private parts and her breast, and
throwing her to the ground for the
a. Hence, insulting words without physical purpose of raping her constitute unlawful
assault does not constitute unlawful aggression.
aggression.
• Attempt to rape a woman
b. Mere push or shove without sub, not
followed by other acts, does not • Placing of hand by a man on the woman’s
constitute unlawful aggression. upper thigh is unlawful aggression.
• Unlawful aggression must come from the The person defending himself is not expected to
person attacked by the accused. control his blow.
• Mere oral threats or threatening stance or • The suddenness of aggression gives no time to
posture is not sufficient to be considered as the one defending to determine what course
unlawful aggression. of action to take.
defending himself are of the same size and 2. The attack made by the deceased and the killing
strength. of the deceased by the defendant should succeed
each other without appreciable interval of time.
• This element should be interpreted liberally
in favor of the accused. 3. The unlawful aggression must come from the
person who was attacked by the person invoking
self-defense.
c. Lack of sufficient provocation on the part of the
offender 4. Nature, character, location, and extent of the
wound of the person invoking self-defense
Cases in which the third requisite of self- allegedly inflicted by the injured party may belie
defense considered present when: claim of self-defense.
1. No provocation at all was given to the 5. Improbability of the deceased being the aggressor
aggressor by the person defending himself; or belies the claim of self-defense.
2. That the injury feared be greater than that done Lawful exercise of rights or office
to avoid it; Applying Art. 429 of the Civil Code, if, in protecting
his possession of the property, he injures (not
• An exercise of right is not an evil to be seriously) the one trying to get it from him, he is
justifiably avoided. justified under this paragraph. [Reyes]
not aware of its illegality and has exhibited no believed in the need to kill him in order to save
negligence. her life. 29
BAR 2011
BATTERED WOMAN SYNDROME (BWS) 2. The final acute battering episode preceding the
killing of the batterer must have produced in the
R.A. No. 9262, otherwise known as the “Anti-Violence battered person’s mind an actual fear of an
Against Women and their Children Act of 2004”, imminent harm from her batterer and an honest
provided the defense for the Battered Women belief that she needed to use force in order to
Syndrome which took effect on 27 March 2004. save her life;
Battered woman, defined 3. At the time of the killing, the batterer must have
A woman who is repeatedly subjected to any forceful posed probable -- not necessarily immediate and
physical or psychological behavior by a man in order actual -- grave harm to the accused, based on the
to coerce her to submit to his bidding with no concern history of violence perpetrated by the former
for her rights. against the latter.
• Includes wives or women in any form of
intimate relationship with men.
• Successfully invoking the Battered Woman (B) EXEMPTING CIRCUMSTANCES
Syndrome will create the effect of a
circumstance of self-defense. Art. 12, RPC.
Circumstances which exempt from criminal liability. – The
Three phases of the “cycle of violence”: following are exempt from criminal liability:
1. Tension building phase;
1. An imbecile or an insane person, unless the latter has
acted during a lucid interval.
This is the phase where minor batterings in the
form of verbal or slight physical abuse occurs. When the imbecile or an insane person has committed
Here, the woman tries to pacify the batterer an act which the law defines as a felony (delito), the
through a show of kind, nurturing behavior; or by court shall order his confinement in one of the
simply staying out of his way. hospitals or asylums established for persons thus
afflicted, which he shall not be permitted to leave
2. Acute battering incident; without first obtaining the permission of the same
court.
The same is characterized by brutality, 2. A person under nine years of age.
destructiveness and sometimes, death. The
battered woman usually realizes that she cannot 3. A person over nine years of age and under fifteen,
reason with him and that resistance would only unless he has acted with discernment, in which case,
exacerbate her condition. such minor shall be proceeded against in accordance
with the provisions of Article 80 of this Code.
3. Tranquil, loving (or, at least, nonviolent) phase.
When such minor is adjudged to be criminally
irresponsible, the court, in conformity with the
This is where the couple experience a compound provisions of this and the preceding paragraph, shall
relief and the batterer may show a tender and commit him to the care and custody of his family who
nurturing behavior towards his partner. shall be charged with his surveillance and education;
otherwise, he shall be committed to the care of some
• In order to be classified as a battered woman, the institution or person mentioned in said Article 80.
couple must go through the battering cycle at
least twice. 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.
• Crucial to the BWS defense is the state of mind of
the battered woman AT THE TIME OF THE
OFFENSE - she must have actually feared
imminent harm from her batterer and honestly 29 People vs. Genosa, G.R. 135981, 15 January 2004
30 ibid
compos mentis,” “unsound mind,” “idiot,” or b. Where the imposable penalty exceeds 6 years
“lunatic”. The popular conception of the word imprisonment, diversion measures may be
“crazy” is being used to describe a person or an resorted to only by the court.
act unnatural or out of the ordinary a man may
behave in in a crazy manner but it does not 3. Exemption from criminal liability herein
necessarily and conclusively prove that he is established does not include exemption from
legally so. 33 civil liability.
BAR 2011
PAR 2 AND 3: MINORITY 34 4. The child in conflict with the law shall enjoy the
presumption of minority until he/she is proven to
JUVENILE JUSTICE AND WELFARE ACT OF 2006 be 18 years old or older (Section 7, par. 1)
(R.A. 9344)
1. Under R.A. 9344 (Juvenile Justice and Welfare
Act of 2006), the following are EXEMPT from The prosecutor shall conduct a preliminary
criminal liability: investigation and file information upon
determination of probable cause in the
a. Children who are 15 years of age or under at following instances (Section 33):
the time of the commission of the offense to
an intervention program. a. When the child in conflict with the law
does not qualify for diversion.
If after the intervention there is no reform
the minor shall be returned to the court for b. When the child, his/her parents or
the promulgation of the decision against the guardian does not agree to diversion.
minor: and then the court shall either decide
on the sentence or extend the intervention. c. Upon determination by the prosecutor that
diversion is not appropriate for the child in
b. Children above 15 but below 18 who acted conflict with the law.
without discernment.
5. Automatic Suspension of Sentence
Discernment, defined
Mental capacity to understand the difference Once the child who is under 18 years of age at the
between right and wrong as determined by time of commission of the offense is found guilty
the child’s appearance, attitude of the offense charged, the court shall determine
comportment and behavior not only before and ascertain any civil liability which may have
and during the commission of the offense but resulted from the offense committees. However,
also after and during the trial. instead of pronouncing the judgment of
conviction, the court shall place the child in
It is manifested through: conflict with law under suspended sentence,
1. Manner of committing the crime without need of application and impose the
2. Conduct of the offender appropriate disposition measures as provided in
the Supreme Court Rule on Juveniles in Conflict
Discernment Intent with the law. (Section 38)
Refers to moral significance Refers to the desired result
the person ascribes to the of the person 6. Upon recommendation of the social worker who
act. has custody of the child, the court shall order
the finals discharge of the child. The discharge
2. If the child referred herein acted with of the child in conflict with the law shall not
discernment, he/she shall undergo diversion affect the civil liability resulting from the
programs without undergoing court proceedings commission of the offense (Section 39.)
subject to the following conditions: (Section 23)
undergo intervention, which shall have the • The person who used the force or created the
following effects: fear is criminally and primarily civilly liable, but
the accused who performed the act involuntarily
1. If after the intervention, there is reform on and under duress is still secondarily liable. (Art.
the part of the minor, the minor shall be 101)
returned to the court to dismiss the criminal
case and dismiss the charges against the • The compulsion must be of such character as to
minor. leave no opportunity to the accused for escape or
self-defense in equal combat.
2. If after the intervention, there is no reform,
the minor shall be returned to the court for
the promulgation of the decision against the PAR 6: UNCONTROLLABLE FEAR
minor, and then the court shall either decide
on the sentence or extend the intervention. Elements:
1. That the threat which causes the fear is of an evil
Note: greater than, or at least equal to, that which he
Only when there is (1) refusal to be is required to commit; and
subjected to reformation or (2) when there
is failure to reform can the child be 2. That it promises an evil of such gravity and
subjected to criminal prosecution and the imminence that an ordinary man would have
judicial system. succumbed to it.
3. That his failure to perform such act was due to Ordinary Privileged
some lawful or insuperable cause. If not majority of the If majority (which
elements of the justifying or necessarily includes the
exempting circumstance are indispensable element) of
present the elements of the
(C) MITIGATING CIRCUMSTANCES justifying or exempting
Subsections 2(2) - 10 of Art. circumstance are present,
Art. 13, RPC. 13 (RPC) Arts. 68, 69 and 64 of RPC.
Mitigating circumstances. – The following are mitigating
Paragraph 1 and 2 are
circumstances:
privileged mitigating under
Article 68 as amended by
1. Those mentioned in the preceding chapter, when all the
R.A. 9344 and Article 69.
requisites necessary to justify the act or to exempt from
criminal liability in the respective cases are not
Article 64, which produces
attendant.
the effect of a privileged
mitigating circumstance,
2. That the offender is under eighteen year of age or over applies only when there are
seventy years. In the case of the minor, he shall be two or more ordinary
proceeded against in accordance with the provisions of mitigating circumstances
Art. 80. without any generic
aggravating circumstances.
3. That the offender had no intention to commit so grave a As to the effect
wrong as that committed. If not offset (by generic It operates to reduce the
aggravating circumstances) it penalty by one or two
4. That sufficient provocation or threat on the part of the will operate to have the degrees.
offended party immediately preceded the act. penalty imposed at its
minimum period, provided
5. That the act was committed in the immediate the penalty is a divisible
vindication of a grave offense to the one committing the one.
felony (delito), his spouse, ascendants, descendants, As to offset
legitimate, natural or adopted brothers or sisters, or May be offset by generic Cannot be offset by a
relatives by affinity within the same degrees. aggravating circumstance. generic circumstance.
8. That the offender is deaf and dumb, blind, or otherwise Exception: Treated as Privileged Mitigating
suffering some physical defect which thus restricts his Circumstance (If majority of the elements of the
means of action, defense, or communications with his justifying or exempting circumstance is present.)
fellow beings.
9. Such illness of the offender as would diminish the • If the justifying or exempting circumstance
exercise of the will power of the offender without has an even (2, 4, etc.) number of elements,
however depriving him of consciousness of his acts. half of it would already constitute the
majority.
10. And, finally, any other circumstances of a similar nature
and analogous to those above-mentioned.
Indispensable Requisites of Justifying/Exempting
Circumstances
Circumstance Indispensable Element
Mitigating Circumstances, defined Self-Defense Unlawful Aggression
Those which, if present in the commission of the Defense of Relatives Unlawful Aggression
crime, do not entirely free the actor from criminal Defense of Strangers Unlawful Aggression
liability, but serve only to reduce the penalty, not to State of Necessity The evil sought to be avoided
change the nature of the crime. actually exists
Performance of Duty The accused acted in the
performance of a duty or in the
• A mitigating circumstance arising from a single
lawful exercise of right or office
fact absorbs all the other mitigating Obedience to Order An order has been issued by a
circumstances arising from the same facts. of Superior superior
Minority above 15 Age of minor below 18
but below 18 years
PAR 2: OVER 15 BUT UNDER 18 YEARS OLD, IF • NOT applicable where the offender employed
THERE IS DISCERNMENT OR OVER 70 YEARS OLD
brute force.35
• It is the age of the accused at the time of the • Lack of intent to kill is not mitigating in physical
commission of the crime which should be
injuries.36However, it is mitigating when the
determined. His age at the time of the trial is
immaterial. victim dies and the felony charged is homicide. 37
Legal effects of various ages of offender: • NOT appreciated in cases where there is no
1. 15 and below material harm done.
Exempting
• Intent at the time of the commission of the felony
2. Above 15 but under 18 not during the planning stage should be
Exempting unless acted with discernment. But considered.
even with discernment, penalty is reduced by one
(1) degree lower than that imposed. [Art. 68, par.
2, amended by R.A. 9344]
PAR 4: PROVOCATION OR THREAT
3. Minor delinquent under 18 years of age who
Provocation, defined
acted with discernment
Any unjust or improper conduct or act of the offended
Sentence suspended. [Art. 192, PD 603 as
party capable of exciting inciting or irritating any one.
amended by PD 1179, referred to as Children in
Conflict with the Law under RA 9344]
Requisites:
1. The provocation must be sufficient;
Child in Conflict with the Law (definition)
A child who is alleged as, accused of, or adjudged
Sufficient means adequate to excite a person to
as, having committed an offense under Philippine
commit the wrong and must accordingly be
laws.
proportionate to its gravity.38
4. 18 years or over
As to whether or not the provocation is sufficient,
Full criminal responsibility.
the following factors are to be considered:
5. 70 years or over
a. The act constituting the provocation.
Mitigating, no imposition of death penalty [Art.
b. The social standing of the person provoked.
47]; if already imposed, execution of death
c. The place and time when the provocation is
penalty is suspended and commuted. [Art. 83]
made.
1. That there be an act, both unlawful and sufficient • Passion or obfuscation is compatible with lack
to produce such a condition of mind; of intention to commit so grave a wrong.51
2. That the said act which produced the obfuscation • Incompatible with treachery and evident
was not far removed from the commission of the premeditation.
crime by a considerable length of time, during
which the perpetrator might recover his normal Not Mitigating
Mitigating Circumstances When:
equanimity, and When:
The accused acted upon an impulse. The act is
3. The act causing such obfuscation was committed committed in a
by the victim himself. spirit of lawlessness.
The impulse must be so powerful that The act is
it naturally produced passion or committed in a
obfuscation in him. spirit of revenge.
• May lawfully arise from causes existing only in the Passion/Obfuscation Provocation
honest belief of the offender. Produced by an impulse which may The provocation
be caused by provocation. comes from the
• The act of the offended party must be unlawful or injured party.
unjust. Offense need not be immediate. It is Must immediately
only required that the influence precede the
thereof lasts until the moment the commission of the
• Exercise of a right or fulfillment of duty is not a
crime is committed. crime.
proper source of passion and obfuscation. If obfuscation and provocation arose from one and the same
act, both shall be treated as only one mitigating
• This mitigating circumstance may be appreciated circumstance.
even if the reported act causing the obfuscation
was not true, as long as it was honestly and
reasonably believed by the accused to be true.48 Passion/Obfuscation Irresistible Force
It is a mitigating It is an exempting
• No passion or obfuscation after twenty-four (24) circumstance circumstance.
hours, or several hours or half an hour elapsed Cannot give rise to Requires physical force.
between the cause of the passion or obfuscation irresistible force as it is not
caused by physical force.
and commission of the crime.49
Passion or obfuscation is in Must come from a third
the mind of offender person.
• The crime committed must not be planned or himself.
calmly meditated or deliberately fermented by Must arise from lawful Must arise from physical
him for a considerable period of time.50 sentiments. force.
• If both are present, there will be two • The surrender must be by reason of the
independent ordinary mitigating circumstances. commission of the crime for which the defendant
is prosecuted.54
• In order to appreciate this circumstance, the • Where in the original information the accused
surrender of the accused must precede the pleaded not guilty, but he pleaded guilty to the
service of warrant of arrest to the accused or its amended information, it is considered a voluntary
return when not served because the accused
cannot be located.
52 People vs. Turalba, G.R. NO L-29118, 28 February 1974
53 People vs. Turalba
54 People vs. Semanada
55 People vs. De La Cruz
• Plea of guilty must not be accompanied by a PAR 10: SIMILAR OR ANALOGOUS CIRCUMSTANCES
condition.
Examples:
• Plea of guilty to a lesser offense than that
charged is not mitigating. 1. Over 60 years old with failing sight, similar to
over 70 years of age under par. 2.
Exception: When the prosecution failed to prove
a circumstance alleged in the information to 2. The act of the accused leading the law enforces
which the accused pleaded not guilty to. to the place where he buried the instruments he
used to commit the crime are similar to voluntary
surrender.
PAR 8: PHYSICAL DEFECT OF OFFENDER
3. Extreme poverty, as similar to a state of
When the offender is deaf and dumb, blind or necessity, which may apply to crimes against
otherwise suffering from some physical defect, poverty but not violence, such as murder.
restricting his means of action, defense or
communication with other. 4. Outraged feeling of unpaid creditor, as kin to
vindication and obfuscation.
• The physical defect must relate to the offense
committed. (e.g. blindness does not mitigate 5. Appeal to the spirit de corps of the accused, as
Estafa.) analogous to passion.
a. They constitute a crime especially punishable 2. That the crime be committed in contempt of or with
by law; or insult to the public authorities.
3. That the act be committed with insult or in disregard 17. That means be employed or circumstances brought
of the respect due the offended party on account of about which add ignominy to the natural effects of the
his rank, age, or sex, or that it be committed in the act.
dwelling of the offended party, if the latter has not
given provocation. 18. That the crime be committed after an unlawful entry.
4. That the act be committed with abuse of confidence There is an unlawful entry when an entrance is
or obvious ungratefulness. effected by a way not intended for the purpose.
5. That the crime be committed in the palace of the 19. As a means to the commission of a crime a wall, roof,
Chief Executive, or in his presence, or where public floor, door, or window be broken.
authorities are engaged in the discharge of their
duties, or in a place dedicated to religious worship. 20. That the crime be committed with the aid of persons
under fifteen years of age, or by means of motor
6. That the crime be committed in the nighttime, or in vehicle, motorized watercraft, airships, or other
an uninhabited place, or by a band, whenever such similar means. (As amended by RA 5438).
circumstances may facilitate the commission of the
offense. 21. That the wrong done in the commission of the crime
be deliberately augmented by causing other wrong not
Whenever more than three armed malefactors shall necessary for its commission.
have acted together in the commission of an offense,
it shall be deemed to have been committed by a band.
15. That advantage be taken of superior strength, or • Not aggravating if accused could have
means be employed to weaken the defense. perpetrated the crime without occupying public
position.63
16. That the act be committed with treachery (alevosia).
PAR 2: IN CONTEMPT OF OR WITH INSULT TO THE • Disregard of rank, age or sex is essentially
PUBLIC AUTHORITIES. applicable only to crimes against person or honor.
Rank of the offended party, defined • It is not necessary that the accused should have
The designation or title of distinction used to fix the actually entered the dwelling of the victim to
relative position of the offended party in reference to commit the offence.
others.
• Even if the killing took place outside the dwelling,
Age of the offended party, defined it is aggravating provided that the commission of
May refer to old age or the tender age of the victim. the crime began in the dwelling.
Sex of the offended party, defined • Offended party must not give provocation in order
Refers to the female sex, not to the male sex. to appreciate this circumstance.
• Dwelling is not absorbed in treachery. 5. The victim is not a dweller of the house.
Meaning of provocation in the aggravating 2. That the offender abused such trust by
circumstance of dwelling: committing a crime against the offended party;
The provocation must be:
1. Given by the owner of the dwelling 3. That the act be committed with obvious
2. Sufficient, and ungratefulness.
3. Immediate
• The ungratefulness contemplated by the said
• If all of these conditions are present, it is NOT an paragraph must be such obvious, clear and
aggravating circumstance. manifest gratitude on the part of the accused.
2. When robbery is committed by the use of force • Must be dedicated to public religious worship;
upon things, dwelling is not aggravating because private chapels not included.
it is inherent.
• There must be an intention to desecrate the place
3. In the crime of trespass to dwelling, it is inherent dedicated to public religious worship. 67
or included by law in defining the crime.
• The President or Chief Executive need not be in
4. When the owner of the dwelling gave sufficient the Palace to aggravate the liability of the
and immediate provocation.
66 People v. Caliso, 59 PHIL 283
65 People vs. Balansi, 187 SCRA 566 67 People vs. Jaurigue, 76 Phil. 174, 182
a. It facilitated the commission of the crime; or • The determining factor for the existence of
this circumstance is the reasonable possibility
b. Especially sought for by the offender to of the victim receiving or securing aid from
insure the commission of the crime or for the third persons.
purpose of impunity; or
• This should not be considered when the place
c. The offender took advantage thereof for the where the crime was committed could be
purpose of impunity. seen and the voice of the deceased could be
heard from a nearby house.
1. NIGHTTIME (OBSCURIDAD)
68 People vs. Berbal, et al.; People vs. Rogelio Soriano, et al.
• It must be appear that the solitude of the PAR 8: WITH THE AID OF:
place where the crime was committed was (1) MEN; OR
sought in order to better attain the purpose. (2) PERSONS WHO INSURE OR AFFORD IMPUNITY.
• Persons who insure or afford impunity must have • To prove recidivism, it is necessary to allege the
or be in a position of afford impunity (e.g. A same in the information and to attach thereto a
judge) certified copy of the sentences rendered against
the accused.
• In recidivism, it is sufficient that the succeeding 2. That he previously served sentence for another
offense be committed after the commission of the offense to which the law attaches an:
preceding offence PROVIDED that at the time of
his trial for the second offense, the accused had a. Equal, or
already been convicted of the first offense. b. Greater penalty,
• If both offenses were committed on the same Or for two or more crimes to which the law
date, they shall be considered as only one; hence, attaches a lighter penalty than that for the new
they cannot be separately counted in order to offense; and
constitute recidivism. Also, judgment of
conviction handed down on the same day shall be 3. That he is convicted of the new offense.
considered as only one conviction.
Reiteracion Recidivism
As to the first offense If Alleged as a General If Alleged as Qualifying
It is necessary that the It is enough that a final Circumstance Circumstance
offender shall have served judgment has been rendered Only the liability of the Both the liability of the giver
out his sentence for the first in the first offense. receiver is affected. and the receiver are affected.
offense.
As to the kind of offenses involved • There must be two or more principals, the one
The previous and subsequent Requires that the offenses
who gave or offered the price or promise and the
offenses must not be be included in the same title
embraced in the same title of the code. one who accepted it, both of whom are
of the Code. principals.
As to frequency
Not always an aggravating Always to be taken into • This appreciated in cases of principal by
circumstance. consideration in fixing the inducement.
penalty to be imposed upon
the accused. • If without previous promise it was given
voluntarily after the crime had been committed,
it should not be taken into consideration for the
Bar 1998 purpose of increasing the penalty.
Four Forms of Repetition
Recidivism Where a person, on separate
[Art. 14, par. 9] – occasions, is convicted of two • The price, reward or promise need not consist of
Generic Aggravating offenses embraced in the same title or refer to material things or that the same were
Circumstance in the RPC. actually delivered.
Reiteracion or Where the offender has been
Habituality [Art. 14, previously punished for an offense to • It is sufficient that the offer made by the
par. 10] – Generic which the law attaches an equal or principal by inducement be accepted by the
Aggravating greater penalty or for two crimes to principal by direct participation before the
Circumstance which it attaches a lighter penalty.
commission of the offense.
Where a person within a period of ten
Multi-recidivism or
years from the date of his release or
Habitual delinquency
last conviction of the crimes of
[Art. 62, par. 5.] –
serious physical injuries, robbery,
Extraordinary
theft, estafa or falsification, is found PAR 12: THAT THE CRIME BE COMMITTED BY
Aggravating
guilty of the said crimes a third time MEANS OF (FIPE-SAD)
Circumstance
or oftener. (1) INUNDATION,
Quasi-recidivism Where a person commits felony (2) FIRE,
[Art. 160] – Special before beginning to serve or while (3) POISON,
Aggravating serving sentence on a previous (4) EXPLOSION,
Circumstance conviction for a felony.
(5) STRANDING OF A VESSEL OR INTERNATIONAL
DAMAGE THERETO,
(6) DERAILMENT OF A LOCOMOTIVE, OR
• Since reiteracion provides that the accused has (7) BY THE USE OF ANY OTHER ARTIFICE
duly served the sentence for his previous INVOLVING GREAT WASTE AND RUIN.
conviction/s, or is legally considered to have done
so, quasi-recidivism cannot at the same time Inundation, defined
constitute reiteracion, hence this aggravating Refers to use of water, or causing the water to flood
circumstance cannot apply to a quasi-recidivist. in the commission of the offense.
• If the same set of facts constitutes recidivism and
• When another aggravating circumstance already
reiteracion, the liability of the accused should be
qualifies the crime, any of these aggravating
aggravated by recidivism which can easily be circumstances shall be considered as a generic
proven. aggravating circumstance only.
means of communication. In these cases, they do • Evident premeditation is presumed to exist when
not serve to increase the penalty. conspiracy is directly established. 70
2. An act manifestly indicating that the culprit has • Craft and fraud may be absorbed in treachery if
clung to his determination; they have been deliberately adopted as the
means, methods or forms for the treacherous
3. The date and time when the crime was, strategy, or they may co-exist independently.
committed, to compute the lapse of time; and
Paragraph 15 enunciates two (2) aggravating • For abuse of superior strength, the test is the
circumstances either of which qualifies killing to relative strength of the offender and his victim.
murder.
• When there are several offenders participating in
the crime, they must all be principals by direct
participation and their attack against the victim
must be concerted and intended to be so.
Examples of “means employed to weaken defense”: 6. Treachery must be appreciated in the killing of a
1. Where one, struggling with another, suddenly child even if the manner of attack is not shown.
throws a cloak over the head of his opponents and
while in this situation he wounds or kills him. 7. Treachery is appreciated when the accused
employed means to render the victim defenseless
2. One who, while fighting with another, suddenly before the commission of the crime, or to
casts sand or dirt upon the latter eyes and then eliminate the risk of defense on the part of the
wounds or kills him. offended party.
• There can be treachery in the following cases: • Ignominy is inherent in libel and acts of
lasciviousness.
a. Directing the beam of flashlight on the face
of the victim.79
“which add ignominy to the natural effects thereof”, meaning
b. Victim is in the state of intoxication that he The means or the circumstances must tend to make
cannot put up any sort of defense.80 the effects of the crime more humiliating to the
victim or to put the offended party to shame, or add
c. Victim is a child of tender age. to his moral suffering.82
3. There was error in personae, hence the victim PAR 18: AFTER AN UNLAWFUL ENTRY
was not the one intended by the accused.
Unlawful entry, defined
When an entrance (and not for escape) is affected by
Treachery absorbs: a way not intended for the purpose.
1. Craft
2. Abuse of superior strength Unlawful entry is inherent in:
3. Nighttime 1. Robbery with the use of force upon things;
4. Aid of armed men 2. Trespass to dwelling.
5. Cuadrilla (“band”)
6. Employing means to weaken the defense
• If motor vehicle is used as a means to kill a Ignominy (Par. 17) Cruelty (Par. 21)
person, it is appreciated as qualifying
circumstance. 83 People vs. Aguinaldo, 55 Phil. 610, 615-616
84 People vs. Beleno
85 People vs. Dayug
Involves moral suffering Refers to physical suffering 4. Grave threats (in writing; through a middleman)
4. Legitimate, natural, or adopted brother or sister, descendant of the offender. But the serious
or physical injuries must not be inflicted by a
5. Relative by affinity in the same degree of the parent upon his child as excessive
offender. chastisement.
vs. People
2. That such intoxication is neither habitual nor used Examples of absolutory causes:
a stimulant to commit the felony or suffocate 1. Spontaneous desistance [Art.6]
remorse.
2. Attempted or frustrated light felonies [Art.7]
• To be mitigating, the accused’s state of 4. Slight of less nervous physical injuries inflicted
intoxication must be proved. Once intoxication is under exceptional circumstances [Art. 247]
established by satisfactory evidence, in the
absence of proof to the contrary, it is presumed 5. Person exempt from criminal liability for theft,
to be non-habitual or unintentional. swindling and malicious mischief [Art. 332]
6. Instigation
Instruction or Education
As an alternative circumstance, it does not only refer 7. Trespass to dwelling when the purpose of entering
to literacy but more to the level of intelligence of the another’s dwelling against the latter’s will is to
accused. prevent some serious harm to himself, the
occupants of the dwelling or a third person, or for
• Refers to the lack of sufficient intelligence and the purpose of rendering some service to
knowledge of the full significance of one’s acts. humanity or justice, or when entering cafes,
taverns, inns and other public houses, while the
• Low degree of instruction and education or its same are open [Art. 280, par. 2]
lack thereof is generally mitigating. High degree
8. Marriage of the offender and the offended party
of instruction and education is aggravating only
in cases of seduction, abduction, acts of
when the offender took advantage of his learning
lasciviousness and rape [Art. 344]
in committing the crime.
9. Adultery and concubinage if the offended party
• In order for lack of education or instruction to be
shall have consented or pardoned the offenders.
appreciated as mitigating, the offender must not
[Art. 344]
have reached the first grade of elementary
school.87 10. Legal Ground for arbitrary detention. [Art. 124]
• The mitigating circumstance of lack of sufficient • Entrapment is NOT an absolutory cause.
instruction cannot be justified if accused is a city
resident and even knows how to sign his name.88
• A buy-bust operation conducted in
General Rule: Lack of sufficient education is connection with illegal drug-related offenses
mitigating. is a form of entrapment.
• The classification of the offenders as principal, • Corporation and partnership can be a passive
accomplice or an accessory is essential under the subject of a crime.
RPC.
• The dead and animals cannot be passive
• The classification may be applied to special laws subjects because they have no rights that
only if the latter provides for the same graduated may be injured.
penalties as those provided under the RPC.
Exception: Under Art. 253, the crime of
Rules relative to light felonies: defamation may be committed if the
1. Light felonies are punishable only when they have imputation tends to blacken the memory of
been consummated. [Art. 7] one who is dead.
2. But when light felonies are committed against • This article applies only when the offenders
persons or property, they are punishable even if are to be judged by their individual, and not
they are only in the attempted or frustrated stage collective, liability.
of execution. [Art. 7]
• Classification of offenders is not necessary
3. Only principals and accomplices are liable for when there is conspiracy. The act of one is
light felonies. [Art. 16] the act of all.
• Conspiracy may be express or implied. • When there is conspiracy, the fact that an
element of the offense is not present as
Doctrine of implied conspiracy regards one of the conspirators is immaterial.
If it is proved that two or more persons
aimed, by their acts, at the accomplishment 90 People v. Mateo, Jr.
b. “That they carried out their plan and personally Thus, there can be NO principal by inducement
took part in its execution by acts which directly (or by indispensable cooperation) unless there is a
tended to the same end.” principal by direct participation. But there can be
a principal by direct participation without a
General Rule: The principal must be at the scene principal by inducement (or by indispensable
of the crime, personally taking part in its cooperation).
execution.
• This inducement must be the determining cause
Exceptions: of the commission of the crime by the principal
1. Leaders by direct participation; without such inducement,
2. Masterminds the crime would not have been committed.
3. Prime movers
4. Co-conspirators who has already performed • The inducement must precede the act and must
their part of the crime. be so influential; hence if there is a price or
reward involved, without prior promise, there can
be no inducement.
In conspiracy by prior agreement, the principal by
direct participation who does not appear at the scene • If the crime committed is not contemplated in the
of the crime is NOT liable because: order given, inducement is not material and not
the determining cause thereof.
1. His non-appearance is deemed desistance which is
favored and encouraged.
Two ways of becoming a principal by Inducement:
2. Conspiracy is generally not a crime unless the law 1. By directly forcing another to commit a crime
specifically provides a penalty therefore. (Art 8) by:
Thus, by merely conspiring, they would be
participator has not yet committed any crime a. Using irresistible force.
unless he would appear at the scene of the crime
and perform any act directly or indirectly in the Irresistible Force, defined
accomplishment of the conspiracy. Such physical force as would produce an
effect upon the individual that in spite of all
3. There is no basis for criminal liability because resistance, it reduces him to a mere
there is no criminal participation. instrument.
The person who used the words of Effects of acquittal of principal by direct
command is a principal by inducement participation upon liability of principal by
while the person who committed the inducement:
crime because of the words of command 1. Conspiracy is negated by the acquittal of co-
is a principal by direct participation. defendant.
There is also collective criminal
responsibility. 2. One cannot be held guilty of having instigated the
commission of a crime without first being shown
Requisites: that the crime has been actually committed by
1. That the one uttering the words of another.
command must have the intention of
procuring the commission of the crime; • But if the one charged as principal by direct
participation is acquitted because he acted
2. That the one who made the command without criminal intent or malice, his acquittal is
must have an ascendancy or influence not a ground for the acquittal of the principal by
over the person who acted; inducement.
extent. The penalty to be imposed must be the • An accomplice is not in conspiracy with the
same for all. principal by direct participation; otherwise, he
becomes a co-principal.
• Principal by direct participation have collective
criminal responsibility.
An accomplice acquires knowledge of the criminal
• Principals by induction, except those who directly design of the principal when:
forced another to commit a crime, and principals a. The principal informs or tells the accomplice of
by direct participation have collective criminal the former’s criminal purpose.
responsibility.
b. The accomplice sees the criminal acts of the
• Principals by indispensable cooperation have principal.
collective criminal responsibilities with the
principal by direct participation.
• The community of design need not be to commit
the crime actually committed. It is sufficient if
Individual criminal responsibility there was a common purpose to commit a
In the absence of any previous conspiracy, unity of particular crime and that the crime actually
criminal purpose and intention immediately before committed was a natural and probable
the commission of the crime, or community of consequence of the intended crimes.
criminal design, the criminal responsibility arising
from different acts directed against one and the same • Cooperation of accomplice is only beneficial, not
person is individual and not collective, and each of indispensable.
the participants is liable only for the act committed
by him.92 • Previous or simultaneous acts can be through oral
support or moral aid through advice,
encouragement, or agreement, provided that is it
Art. 18, RPC. not the determining cause of the commission of
Accomplices. – Accomplices are the persons who, not being the crime of the principals.93
included in Article 17, cooperate in the execution of the
offense by previous or simultaneous acts.
• An accomplice may be held liable for a crime
different from that which the principal committed
Accomplices, defined
by application of aggravating and mitigating
Persons who, not acting as principals, cooperate in the circumstances in relation to Art. 62(3) and (4).
execution of the offense by previous and simultaneous
acts, which are not indispensable to the commission of
• Where the accused acted in a dispensable
the crime.
manner, jurisprudence has held them liable as
accomplices, even if they were co-conspirators, in
• They act as mere instruments who perform acts
view of the rule in favor of “milder liability.”94
not essential to the perpetration of the offense.
• Before there could be an accomplice, there must
Requisites:
be a principal by direct participation.
1. That there be community of design; that is,
knowing the criminal design of the principal by
• One can be an accomplice even if he did not know
direct participation, he concurs with the latter’s
of the actual specific crime intended to be
purpose;
committed by the principal, provided he was
aware that the objective of the acts he was
2. That he cooperates in the execution of the
tasked to do was illicit.
offense by previous or simultaneous acts, with the
intention of supplying material or moral aid in the
execution of the crime in an efficacious manner; • The person charged as an accomplice should not
and have inflicted a mortal wound. If he inflicted a
mortal wound, he becomes a principal by direct
3. That there be a relation between the acts done participation.
by the principal and those attributed to the
person charged as an accomplice. • In case of doubt, the participation of the offender
will be considered that of an accomplice rather
Note: than that of a principal.
1. Public officers, who harbor, conceal or assist in • The prescribed acts of the accessory under par. 2
the escape of the principal of any crime (not light must have been intended to prevent the discovery
felony) with abuse of his public functions. of the crime; hence, mere silence is NOT
punishable.
Requisites:
a. The accessory is a public officer; Exceptions:
b. He harbors, conceal, or assist in the escape a. if, however, the crime involved is conspiracy
of the principal; to commit treason, his silence may hold him
c. The public officer acts with abuse of his liable for misprision of treason [Art. 116] but
public functions; and as a principal thereof.
d. The crime committed by the principal is any
crime, provided it is not a light felony. b. Committing the acts of knowingly concealing
evil practices as enumerated in Art. 142
2. Private persons, who harbor, conceal or assist in makes the accomplice also punishable as a
the escape of the author of the crime who is principal in inciting to Sedition [Art. 142].
guilty of treason, parricide, murder, or attempts
against the life of the Chief Executive (President), • Where the accused misleads the
or who is known to be habitually guilty of some authorities by giving them false
other crime. information, such act is equivalent to
concealment and he should be held as an
Requisites: accessory.
a. The accessory is a private person;
b. He harbors, conceal or assists in the escape
of the author of the crime; and PD 1612: ANTI-FENCING LAW OF 1979
c. The crime committed by the principal is
either: Fencing, defined
An act, with intent to gain, of buying, selling,
i. Treason; receiving, processing, keeping, or in any other manner
ii. Parricide; dealing in anything of value which a person knows or
iii. Murder; should have known to be derived from the proceeds of
iv. An attempt against the life of the the crime of robbery or theft.
President;
General Rule: The responsibility of the accessory • Mere possession of anything of value which has
is subordinate to that of the principal in a crime. been the subject of robbery or theft shall be
prima facie evidence of fencing, which will create
• HOWEVER, conviction of an accessory is possible a rebuttable presumption of fencing.
notwithstanding the acquittal of the principal, if
the crime was in fact committed, but the
principal was not held liable, because of an
exempting circumstance [Art. 12], such as
insanity or minority. (D) OBSTRUCTION OF JUSTICE (P.D. NO.
1829)
• Neither the letter nor the print of the law PD 1829: PENALIZING OBSTRUCTION OF
requires that the principal be convicted before APPREHENSION AND PROSECUTION OF CRIMINAL
one may be punished as an accessory. As long as OFFENDERS
the corpus delicti is proven and the accessory’s
participation as such is shown, he can be held P.D. 1829 penalizes the act of any person who
criminally responsible and meted out the knowingly or willfully obstructs, impedes, frustrates or
corresponding penalty. 95 delays the apprehension of suspects and the
investigation and prosecution of criminal cases.
7. Must be correctional
The exemption provided for in this article is based on
the ties of blood and the preservation of the
cleanliness of one’s name, which compels one to
Three-fold purpose of penalty under RPC:
conceal crimes committed by relatives so near as
1. Retribution or expiation
those mentioned in this article.
2. Correction or reformation
3. Social defense
An accessory is exempt from criminal liability when
the principal is his/her – (SADL)
1. Spouse, or
Constitutional restriction on penalties
2. Ascendant, or
The Constitution directs that “excessive fines shall not
3. Descendant, or
be imposed, nor cruel and unusual punishment
4. Legitimate, natural or adopted brother, sister or
inflicted.” [Sec. 19 [1], Art. 3]
relative by affinity within the same degree.
3. Changes the punishment and inflicts a greater When there is a repeal of the repealing law,
punishment than that provided by the law which revives the prior penal law, unless the
annexed to the crime when committed; language of the repealing statute provides
otherwise.
4. Alters the legal rules of evidence, and authorizes
conviction upon a less or different testimony than 3. When there is a saving clause.
the law required at the time of the commission of
the offense; Note:
The new law which increases the civil liability of the 2. Seduction, Abduction, Acts of Lasciviousness
accused cannot be given retroactive effect. [Art. 344, RPC]
• EXPRESS or IMPLIED pardon must be given by The following are NOT considered as penalties:
offended party to BOTH offenders. 1. Arrest and temporary detention of accused
persons, as well as their detention by reason of
• Pardon must be given PRIOR to institution of insanity or imbecility, or illness requiring their
criminal action. confinement in a hospital.
2. The commitment of a minor to any the institution be less than 200 pesos.
mentioned in Art. 80 (now Art 192, PD No. 603)
and for purposes specified therein.
Fine is:
3. Suspension from the employment or public office 1. Afflictive – over P6,000.00
during the trial or order to institute proceedings. 2. Correctional – P200.00 to P6,000.00
3. Light penalty – less than P200.00
4. Fines and other corrective measures which, in the
exercise of their administrative or disciplinary
powers, superior official may impose upon their • Same basis may be applied by analogy to bond to
subordinates. keep the peace
5. Deprivation of right and the reparations which the • These articles determine the classification of a
civil law may establish in penal form. [Art. 24, fine whether imposed as a single or as an
RPC] alternative penalty for a crime.
their different classes, are those included in the • The scales in Art. 71 are for the purpose of
following: graduating the penalties by degrees in accordance
with the rules in Art. 61.
SCALE
PRINCIPAL PENALTIES
Classification of penalties under article 25:
Capital punishment: 1. Based on their severity or gravity
Death a. Capital,
b. Afflictive,
Afflictive penalties: c. Correctional,
Reclusion perpetua d. Light
Reclusion temporal
Perpetual or temporary absolute disqualification This classification corresponds to the
Perpetual or temporary special disqualification classification of felonies in Art. 9, into grave, less
Prision mayor grave and light.
Correctional Penalties:
SECTION ONE: DURATION OF PENALTIES a. Prision Correccional, suspension and destierro – 6
months and 1 days to 6 years except when
Art 27. Duration of Penalties. suspension is an accessory penalty, in which case
Reclusion perpetua. – The penalty of reclusion perpetua its duration is that of the principal penalty.
shall be from twenty years and one day to forty years.
b. Arresto mayor - 1 months and 1 day to 6 months.
Reclusion temporal. — The penalty of reclusion temporal
shall be from twelve years and one day to twenty years. c. Arresto menor - 1 day to 30 days
Prision mayor and temporary disqualification. — The
d. Bond to keep the peace - The period during which
duration of the penalties of prision mayor and temporary
disqualification shall be from six years and one day to twelve the bond shall be effective is discretionary on the
years, except when the penalty of disqualification is imposed court.
as an accessory penalty, in which case, its duration shall be
that of the principal penalty. In what cases is destierro imposed?
1. Serious physical injuries or death under
Prision correccional, suspension, and destierro. — The exceptional circumstances. [Art. 247]
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
2. In case of failure to give bond for good behavior.
penalty, in which case, its duration shall be that of the [Art. 284]
principal penalty.
3. As a penalty for the concubine in concubinage
Arresto mayor. — The duration of the penalty of arresto [Art. 334]
mayor shall be from one month and one day to six months.
4. In cases where after reducing the penalty by one
Arresto menor. — The duration of the penalty of arresto or more degrees, destierro is the proper penalty.
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 Art. 28, RPC.
determine. (As amended by R.A. No. 7659) 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.
Applies in cases of temporary penalties and the may be sentenced and his case is not yet terminated, he
offender is under detention (under preventive shall be released immediately without prejudice to the
imprisonment) 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
2. When the offender is not in prison – the duration released after thirty (30) days of preventive imprisonment.
of penalties consisting in deprivation of liberty, (As amended by E.O. No. 214, July 10, 1988).
starts from the day that the offender is placed at
the disposal of judicial authorities for the
enforcement of the penalty.
Bar 1994
Applies in cases of penalties consisting in Preventive Imprisonment
deprivation of liberty and the offender is not in Period of detention undergone by an accused where the
prison. crime with which he is charged is non-bailable or, even if
bailable, he is unable to post the requisite bail:
3. The duration of other penalties – the duration
starts from the day on which the offender 1. These rules on preventive imprisonment apply
commences to serve his sentence. Applies in cases to all sentences regardless of the duration
of: thereof, including the so-called perpetual
penalties as long as they involve deprivation of
a. Penalties consisting in deprivation of liberty liberty.
and the offender are undergoing preventive
imprisonment; but the offender is entitled to It applies to destierro.
a deduction of the entirety of the time spent
in detention (should the detention prisoner If the maximum possible penalty to be imposed is
agree, in writing and with counsel, to abide destierro, the accused should be released
by the same disciplinary rules imposed upon immediately after 30 days from his arrest and
convicted prisoners) or 4/5ths of the time of detention.
his detention (should the detention prisoner
not agree to the same, also in writing and Reason: In destierro, the accused sentenced to
with counsel). that penalty does not serve it in prison. [Reyes]
Period of preventive imprisonment deducted from term of When will he be credited only four-fifths (4/5) the time
imprisonment. – Offenders who have undergone preventive during which he has undergone preventive imprisonment?
imprisonment shall be credited in the service of their If the detention prisoner does not agree to abide by the same
sentence consisting of deprivation of liberty, with the full disciplinary rules imposed upon convicted prisoners. Said
time during which they have undergone preventive disagreement shall also be in writing and be made with
imprisonment, if the detention prisoner agrees voluntarily in assistance of counsel.
writing to abide by the same disciplinary rules imposed upon
convicted prisoners, except in the following cases:
2. In the case of a youthful offender who has been
1. When they are recidivists or have been convicted
proceeded against under the Child and Youth
previously twice or more times of any crime; and
Welfare Code, he shall be credited in the
service of his sentence with the full time of his
actual detention, whether or not he agreed to
2. When upon being summoned for the execution of their
abide by the same disciplinary rules of the
sentence they have failed to surrender voluntarily.
institution.
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 following offenders are NOT entitled to be
the time during which he has undergone preventive credited with the full time or four-fifths of the time
imprisonment. (As amended by Republic Act 6127, June 17, of preventive imprisonment:
1970). a. Recidivists or those convicted previously twice or
more times of any crime (reiteracion of 2 or more
Whenever an accused has undergone preventive light felonies).
imprisonment for a period equal to or more than the possible
Includes habitual delinquents.
maximum imprisonment of the offense charged to which he
BAR 2011
Disqualification is the withholding of a privilege, not a It does not deprive the offender of the right to vote in a
denial of right – a restriction upon the right of suffrage plebiscite.
or to hold office.
Civil interdiction deprives the offender of: • Imposed as a penalty in threats [Art. 284].
3. The right of parental authority or guardianship of
any ward (person or property);
Art. 36, RPC.
3. Marital authority; Pardon; its effects. – A pardon shall not work the restoration
of the right to hold public office, or the right of suffrage,
3. The right to manage his property and of the right unless such rights be expressly restored by the terms of the
to dispose of such property by any act or any pardon.
conveyance inter vivos.
A pardon shall in no case exempt the culprit from the
payment of the civil indemnity imposed upon him by the
• But he can dispose of such property by will or sentence.
donation mortis causa.
General Rule: When the principal penalty is remitted These are the expenses of litigation allowed and
by pardon, only the effect of that principal penalty is regulated by the Rules of Court to be assessed against
extinguished, but not the accessory penalties attached or to be recovered by a party in litigation.
to it.
The following are included in costs:
Exception: When an absolute pardon is granted, it • Fees, and
removes all the consequences of conviction, and it • Indemnities, in the course of judicial proceedings.
takes effect even after the term of imprisonment has
expired. a. Costs are changeable to the accused only in cases
of conviction. In case of acquittal, the costs are
de officio, meaning each party bearing their own
Pardon by the Chief Pardon by the Offended Party expenses.
Executive [Art. 36] [Art. 23]
As to the crime covered b. No costs shall be allowed against the Republic of
Can extend to any crime, Applies only to crimes the Philippines, unless otherwise provided by law.
unless otherwise provided by against chastity under the
or subject to conditions in the RPC and marital rape.
Constitution or the laws. c. The payment of cost is a matter that rests
As to the effect on civil liability entirely upon the discretion of courts.
Cannot affect the civil liability The offended party can
ex delicto of the offender. waive the civil liability. d. The court cannot disregard the order of payment.
As to extinguishment of criminal liability
Extinguishes criminal liability. Does NOT extinguish
criminal liability. 4. APPLICATION OF PENALTIES
Although it may constitute
a bar to the prosecution of INDETERMINATE SENTENCE LAW (ISL) –
the offender in seduction,
abduction and acts of
ACT NO. 4103 AS AMENDED BY ACT NO.
lasciviousness by the valid 4225
marriage of the victim and
the offender, and in
adultery and concubinage, Concept of Indeterminate Sentence – is a sentence
by the express or implied with a minimum term and a maximum term which, the
pardon by the offended court is mandated to impose for the benefit of a guilty
spouses. person who is not disqualified therefore, when the
When granted maximum imprisonment exceeds one (1) year. It
Can be extended only after Can be validly granted only applies to both violations of Revised Penal Code and
conviction by final judgment of before the institution of special laws.
the accused. the criminal action.
To whom granted Sentence in the ISL
To any or all of the accused. In seduction, abduction If the penalty is imposed by If the penalty is imposed by
and acts of lasciviousness,
the RPC Special Penal Laws
it benefits the co -
Maximum Term
principals, accomplices
That which could be Must not exceed the
and accessories.
properly imposed under the maximum term fixed by said
RPC, considering the law.
In adultery and
aggravating and mitigating
concubinage, it must
circumstances
include both offenders.
Minimum term
As to whether it can be conditional
Within the range of the Must not be less than the
May be absolute or conditional. Cannot validly be made
penalty one degree lower minimum term prescribed
subject to a condition.
than that prescribed by the by the same.
RPC, without considering
the circumstances Note: For special laws, it is
Art. 37, RPC. anything within the
Costs – What are included. – Costs shall include fees and Note: BUT when there is a inclusive range of the
indemnities in the course of the judicial proceedings, privileged mitigating prescribed penalty. Courts
whether they be fixed or unalterable amounts previously circumstance, so that the are given discretion in the
determined by law or regulations in force, or amounts not penalty has to be lowered imposition of the
subject to schedule. by one degree, the indeterminate penalty. The
STARTING POINT for aggravating and mitigating
determining the minimum circumstances are not
Costs or costs of suit, defined term of the indeterminate considered unless the
penalty is the penalty next special law adopts the same
lower than that prescribed terminology for penalties as
by the Code for the offense. those used in the RPC (such
When the paroled prisoner shall violate any of the a. Maximum term – reclusion temporal, in its
conditions of his parole: minimum period, after considering the
mitigating circumstance.
1. The board may issue an order for his arrest; and
thereafter, b. Minimum term- anywhere within the range of
prision mayor without reference to any of its
2. The prisoner shall serve the remaining unexpired periods.
portion of the maximum sentence for which he
was originally committed to prison. 3. There is one aggravating circumstance
B. CONTINUOUS CRIME
2. By periods
Refers to the proper period of the penalty which Continuous crime – a single crime, consisting of a series
should be imposed when aggravating or mitigating of act, but all arising from ONE CRIMINAL
circumstances attend the commission of the RESOLUTION; length of time in the commission is
crime. immaterial.
Requisites:
Art. 47, RPC. 1. Multiplicity of acts;
In what cases the death penalty shall not be imposed; 2. Unity of criminal purpose or intent; and
Automatic Review of Death Penalty Cases. – The death 3. Unity of criminal offense violated.
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 Not a complex crime because the offender does not
or when upon appeal or automatic review of the case by the perform a single act. But a series of act. And one
supreme court, the required majority vote is not obtained for offense is not a necessary means for committing the
the imposition of the death penalty, in which cases the other.
penalty shall be reclusion perpetua.
In determining venue, a continued, continuous or
In all cases where the death penalty is imposed by the trial continuing crime is DIFFERENT from a transitory crime
court, the records shall be forwarded to the Supreme Court
(moving crime) – in the latter case, criminal action
for automatic review and judgment by the court en banc,
within (20) days but not earlier than fifteen (15) days after may be instituted and tried in the court of the
promulgation of the judgment or notice of denial of any municipality, city or province wherein any of the
motion for new trial or reconsideration. The transcript shall essential ingredients thereof took place.
also be forwarded within ten (10) days after the filing
thereof by the stenographic reporter. (Amended by R.A. No.
9346) Real or material plurality Continued crime
There is series of acts There is a series of acts
The 1987 Constitution merely suspended the performed by the offender. performed by the
imposition of the death penalty. offender.
Each act performed by the The different acts
offender constitutes a separate constitute only one crime;
• No longer of any force or effect because the
crime; each act is generated all of the acts performed
substantive provisions thereof being inconsistent by a distinct criminal impulse arise from one criminal
with R.A. 9346, while the procedural measures resolution.
are superseded by the present revised Rules of
Court.
Art. 49, RPC.
• Likewise, no death penalty shall be imposed upon Penalty to be imposed upon the principals when the crime
children in conflict with law under Sec. 59, R.A. committed is different from that intended. – In cases in
9344. which the felony committed is different from that which the
offender intended to commit, the following rules shall be
observed:
Art. 48, RPC.
1. If the penalty prescribed for the felony committed be
Penalty for complex crimes. – When a single act constitutes
higher than that corresponding to the offense which the
two or more grave or less grave felonies, or when an offense
accused intended to commit, the penalty corresponding
is a necessary means for committing the other, the penalty
to the latter shall be imposed in its maximum period.
for the most serious crime shall be imposed, the same to be
applied 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.
Rules:
5. Habitual delinquency shall have the following effects: Imposable penalty, defined
The penalty that will be imposed after applying the
(a) Upon a third conviction the culprit shall be RPC and ISL.
sentenced to the penalty provided by law for the
last crime of which he be found guilty and to the
Prescribed penalty, defined
additional penalty of prision correccional in its
medium and maximum periods; The penalty prescribed by the RPC after considering
the mitigating and aggravating circumstances.
(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 Outline of the rule:
additional penalty of prision mayor in its minimum 1. When the penalty is single indivisible, it shall be
and medium periods; and applied regardless of any mitigating (except if
privileged mitigating) or aggravating
(c) Upon a fifth or additional conviction, the culprit
circumstances.
shall be sentenced to the penalty provided for the
Cases in which mitigating and aggravating c. The magnitude of its effect on the offender’s
circumstances are NOT considered in the imposition victim. 102
of penalty:
• When the minimum of the fine is not fixed by law,
1. When the penalty is single and indivisible (except the determination of the amount of fine is left to
if privileged mitigating) the sound discretion of the court, provided it shall
not exceed the maximum authorized by law.
2. In felonies through negligence (Art. 365 applies
instead) • Wealth or means of culprit is the main
consideration in the imposition of fines.
3. When the penalty is only a fine imposed by an
ordinance
Art. 67, RPC.
4. When the penalties are prescribed by special Penalty to be imposed when not all the requisites of
laws. exemption of the fourth circumstance of Article 12 are
present. – When all the conditions required in circumstance
number 4 of Article 12 of this Code to exempt from criminal
liability are not present, the penalty of arresto mayor in its
Art. 65, RPC.
maximum period to prision correccional in its minimum
Rules in cases in which the penalty is not composed of three
period shall be imposed upon the culprit if he shall have
periods. – In cases in which the penalty prescribed by law is
been guilty of a grave felony, and arresto mayor in its
not composed of three periods, the courts shall apply the
minimum and medium periods, if of a less grave felony.
rules contained in the foregoing articles, dividing into three
equal portions the time included in the penalty prescribed,
and forming one period of each of the three portions.
If not all the conditions necessary to exempt from
liability under art 12 (4) are present, the act should
The courts shall apply the rules in the preceding be considered as:
articles by:
a. Reckless imprudence if the act is executed
1. Dividing into three (3) equal portions the time without taking those precautions or measures
included in the penalty prescribed, and which the most common prudence would
require; and
2. Forming one period of each of the three portions.
b. Simple imprudence if it is a mere lack of
precaution in those cases where either the
Art. 66, RPC. threatened harm is not imminent or the danger
Imposition of fines. – In imposing fines the courts may fix any is not openly visible.
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 Art. 69, RPC.
particularly to the wealth or means of the culprit. 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
Outline of the provisions: not wholly excusable by reason of the lack of some of the
conditions required to justify the same or to exempt from
1. The court can fix any amount of the fine within criminal liability in the several cases mentioned in Article 11
and 12, provided that the majority of such conditions be
the limits established by law.
present. The courts shall impose the penalty in the period
which may be deemed proper, in view of the number and
2. The court must consider: nature of the conditions of exemption present or lacking.
a. The mitigating and aggravating circumstances;
6. Arresto mayor,
• Unlawful aggression is indispensable in self- 7. Arresto menor,
defense, defense of relatives and defense of 8. Destierro,
stranger, without which, the offender is not 9. Perpetual absolute disqualification,
entitled to reduction. 10. Temporary absolute disqualification,
11. Suspension from public office, the right to vote
Art. 70, RPC. and be voted for, the right to follow a profession
Successive service of sentences. – When the culprit has to orcalling, and
serve two or more penalties, he shall serve them 12. Public censure.
simultaneously if the nature of the penalties will so permit
otherwise, the following rules shall be observed:
Notwithstanding the provisions of the rule next preceding, THE THREE-FOLD RULE: (3:4:40)
the maximum duration of the convict's sentence shall not be 1. The maximum duration of the convict’s sentence
more than threefold the length of time corresponding to the
shall NOT be more than three times the length of
most severe of the penalties imposed upon him. No other
penalty to which he may be liable shall be inflicted after the time corresponding to the most severe of the
sum total of those imposed equals the same maximum penalties imposed upon him.
period.
2. But in no case to exceed 40 years, even if
Such maximum period shall in no case exceed forty years. imposed by different courts.
In applying the provisions of this rule the duration of 3. This rule shall apply only when the convict is to
perpetual penalties (pena perpetua) shall be computed at
serve at least four or more sentences successively
thirty years. (As amended by Com. Act No. 217).
or exceed the most severe of the penalties.
• When the culprit has to serve two or more 4. Subsidiary penalty forms part of the penalty.
penalties, he shall serve them simultaneously if
the nature of the penalties will so permit.
Different systems of penalty, relative to the
execution of two or more penalties imposed on one
Otherwise, the order of their severity (under this and the same accused:
article) shall be followed – so that they may be
executed successively, that is, the following 1. Material accumulation system
penalties: No limitations whatsoever, and accordingly, all
1. Death, the penalties for all the violations were imposed
2. Reclusion perpetua, even if they reached beyond the natural span of
3. Reclusion temporal, human life.
4. Prision mayor,
5. Prision correccional, 2. Juridical accumulation system
Limited to not more than three-fold the length of • Subsidiary penalty shall be proper only if the
time corresponding to the most severe and in no accused has no property with which to pay the
case to exceed 40 years. This is followed in our fine and not as a matter of choice on his part by
jurisdiction. opting to go to jail instead of paying.
RULES AS TO SUBSIDIARY LIABILITY IN SPECIAL General rule: The penalty prescribed by law in
LAWS (ACT. 1732 OF PHILIPPINE COMMISSION) general terms shall be imposed upon the principals for
a consummated felony.
Penalty imposed Subsidiary penalty
Fine only Subsidiary liability shall not exceed 6 Exception: When the penalty to be imposed upon the
months, at the rate of one day of principal in a frustrated or attempted felony is fixed
imprisonment for every P2.50. by law.
Fine and The subsidiary penalty shall not exceed
imprisonment 1/3 of the term of imprisonment, and
in no case shall it exceed 1 year.
Violation of any The rate is one day for every P1.00, Graduation of penalties:
municipal until the fine is satisfied, provided, 1. By degrees – refers to:
ordinance or that the total subsidiary imprisonment a. Stages of execution (consummated,
ordinance of the does not exceed 6 months, if the frustrated, or attempted); and
City of Manila penalty imposed is fine alone, and not b. Degree of the criminal participation of the
more than 1/3 of the principal penalty, offender (whether as principal, accomplice or
if it is imposed together with accessory).
imprisonment.
2. By periods
Refers to the proper period of the penalty which
should be imposed when aggravating or mitigating
No subsidiary penalty shall be imposed where:
circumstances attend the commission of the
1. The penalty imposed is higher than prision
crime.
correccional or 6 years;
3. For the accomplice in consummated felony General Rule: An accomplice is punished by a penalty
One degree lower; one degree lower than the penalty imposed upon the
principal.
4. For the accessory in consummated felony
Exceptions: The following accomplices are punished
Two degrees lower;
with the same penalty imposed upon the principal:
Apply this article in determining the proper degree Art. 44, RPC.
where the law prescribes a penalty lower or higher by Arresto – Its accessory penalties. – The penalty of arresto
shall carry with it that of suspension of the right to hold
two or more degrees than another given penalty.
office and the right of suffrage during the term of the
sentence.
a. Civil interdiction for life or during the Outline of the provisions of this article:
sentence; and 1. Every penalty imposed carries with it the
forfeiture of the proceeds of the crime and the
b. Perpetual absolute disqualification, unless instruments or tools used in the commission of the
expressly remitted in the pardon of the crime. (There can be no forfeiture when there is
principal penalty. no criminal case filed.)
Note: The code does NOT provide for any accessory • Articles which are forfeited, when the order or
penalty for destierro. forfeiture is already final, cannot be returned
even in case of an acquittal.
a. Penalties consisting in deprivation of liberty The same rules shall be observed with regard to fines that do
and the offender are undergoing preventive not consist of a fixed amount, but are made proportional.
imprisonment; but the offender is entitled to
a deduction of the entirety of the time spent
in detention (should the detention prisoner • When necessary, the penalty of fine shall be
agree, in writing and with counsel, to abide increased or reduced for each degree, by ¼ of the
by the same disciplinary rules imposed upon maximum amount prescribed by law, without
convicted prisoners) or 4/5ths of the time of however, changing the minimum.
his detention (should the detention prisoner
not agree to the same, also in writing and • Fines are graduated into degrees for the
with counsel). accomplices and accessories and for the principals
in frustrated and attempted felonies.
b. Temporary penalties and the offender is not
under detention because the offender is
released on bail. Distinction between fine with a minimum and fine
without a minimum:
Art. 72, RPC.
Preference in the payment of the civil liabilities. – The civil 1. In both, the law fixes the maximum of the fine.
liabilities of a person found guilty of two or more offenses
shall be satisfied by following the chronological order of the 2. When the law fixes the minimum of the fine, the
dates of the judgments rendered against him, beginning with court cannot change the minimum; whereas,
the first in order of time. when the law does not state the minimum of the
fine but only the maximum, the court can impose 8. EXECUTION AND SERVICE OF
any amount not exceeding such maximum. PENALTIES
3. When the law fixes both the minimum and the
maximum, the court can impose an amount higher ARTICLE 68 IN RELATION TO RA 9344 OR
than the maximum; whereas, when only the THE JUVENILE AND JUSTICE WELFARE
maximum is fixed, it cannot impose an amount ACT
higher than the maximum.
disposition or rehabilitation program, the child in An APPLICATION for probation shall be filed by the
conflict with the law shall be brought before the defendant with the trial court within the period for
court for promulgation (not execution) of perfecting an appeal.
judgment.
• NO application for probation shall be entertained
6. If said child in conflict with the law has reached or granted if the defendant has PERFECTED AN
eighteen (18) years of age while under suspended APPEAL from the judgment of conviction.
sentence, the court shall determine whether to
discharge the child, to order execution of
sentence, or to be extend the suspended Effects of Filing and Grant/Denial of Application:
sentence for a certain specified period or until 1. Filing of application for probation operates as a
the child reaches the maximum age of twenty-one waiver of the right to appeal.
(21) years. [R.A. 9344]
2. The order granting or denying probation shall not
be appealable.
PROBATION LAW OF 1976: P.D. 968, AS 3. Accessory penalties are deemed suspended once
AMENDED probation is granted and are fully restored upon
final discharge of probationer.
Probation, defined 4. Final discharge of probationer totally extinguishes
Disposition under which a defendant, after conviction criminal liability for the offense subject of the
and sentence, is released subject to conditions probation [RA 10707, a July 27, 2015 amendment
imposed by the court and to the supervision of a to this law]
probation officer.
5. Civil liability is not affected by the suspension of
the sentence imposed on the accused that is
granted probation; court must hear the civil
Concept
aspects.
Probation is NOT an absolute right. It is a mere
privilege which rests upon the discretion of the trial • The court may, after it shall have convicted and
court. Its grant is subject to certain terms and sentenced a child in conflict with the law, and
conditions that may be imposed by the trial court. upon application at any time, place the child on
Having the power to grant the probation, it follows probation in lieu of his/her sentence, taking into
that the trial court also has the power to order its account the best interest of the child. For this
revocation in a proper case and under proper purpose, Section 4 of presidential Decree No.
circumstances. 968, otherwise, known as the “Probation Law of
1976” is hereby amended accordingly. [Sec. 42,
THREE – FOLD PURPOSE R.A. 9344, Juvenile Delinquency Law]
1. To promote the correction and rehabilitation of
an offender by providing him with individualized
treatment; Post-sentence Investigation
2. To provide an opportunity for the reformation of The convict is not immediately placed on probation.
a penitent offender which might be less probable There shall be a prior investigation by the probation
if he were to serve a prison sentence; and officer and a determination by the court. He may,
however, be released under his bail filed in the
3. To prevent the commission of offenses. criminal case or on recognizance.
1. The offender is in need for correctional treatment 2. Discretionary or special – additional conditions
that can be provided effectively by his listed, which the court may additionally impose
commitment to an institution; on the probationer towards his correction and
rehabilitation outside prison. HOWEVER, the
2. There is undue risk of committing another crime;
enumeration is not exclusive. Probation statutes
3. Probation will depreciate the seriousness of the are liberal in character and enable the courts to
offense committed. designate practically any term it chooses, as long
as the probationer’s constitutional rights are not
jeopardized. Also, they must not be unduly
restrictive of probationer, and not incompatible
DISQUALIFIED OFFENDERS with the freedom of conscience of probationer.
The benefits of the Decree shall NOT be extended to
those:
1. Sentenced to serve a maximum term of BAR 2004
imprisonment of more the 6 years; Period of Probation
For how long may a convict be placed on probation?
2. Convicted of any crime against the national 1. If the convict is sentenced to a term of imprisonment of
security; NOT more than one year, the period of probation shall
not exceed 2 years.
3. Who have previously been convicted by final
2. In all other cases, if he is sentenced to more than one
judgment of an offense punished by imprisonment year, said period shall not exceed 6 years.
of more than six months and one day and/or a
fine not less than P1,000.00; 3. When the sentence imposes a fine only and the
offender is made to serve subsidiary imprisonment. The
4. Once placed on probation; period of probation shall be twice the total of the
number of days of subsidiary imprisonment.
5. Who appealed;
Guidelines:
1. When a convict becomes insane or imbecile after
the final sentence has been pronounced, the
execution of such sentence is suspended only as
regards the personal penalty.
4. The obligation to pay his civil liability or he should be found incorrigible or his continued stay in such
pecuniary liabilities shall not be suspended. 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.
If the minor has been committed to the custody or care of 2. The court may not pronounce judgment of
any of the institutions mentioned in the first paragraph of conviction but instead, suspend106 all further
this article, with the approval of the Director of Public proceedings.
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 3. The youthful offender shall be returned to the
responsible person. committing court for the pronouncement of
judgment, when the youthful offender: (1) has
If the minor has behaved properly and has complied with the been found incorrigible, or (2) has wilfully failed
conditions imposed upon him during his confinement, in to comply with the conditions of his rehabilitation
accordance with the provisions of this article, he shall be programs; or (3) when his continued stay in the
returned to the court in order that the same may order his training institution would be inadvisable.
final release.
In case the minor fails to behave properly or to comply with 106Suspension of sentence shall not apply to the following:
the regulations of the institution to which he has been (1) youthful offenders who once enjoyed the suspension of
committed or with the conditions imposed upon him when he sentence under its provisions; and (2) one who is convicted of
was committed to the care of a responsible person, or in case an offense punishable by death or life imprisonment.
4. When the youthful offender has reached the age the expiration of at least eight hours following the
of eighteen (18) while in commitment, the court notification, but before sunset. During the interval between
shall determine whether: 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
a. To dismiss the case, if the youthful offender
ministers of the religion he professes and to consult lawyers,
has behaved properly and has shown his as well as in order to make a will and confer with members
capability to be a useful member of the of his family or persons in charge of the management of his
community; or business, of the administration of his property, or of the care
of his descendants.
b. To pronounce the judgment of conviction if
the abovementioned conditions were not
met.
Art. 83, RPC.
5. Considering the latter case, the convicted Suspension of the execution of the death sentence. – The
offender may apply for probation and the death sentence shall not be inflicted upon a woman while
youthful offender shall be credited in the service she is pregnant or within one (1) year after delivery, nor
upon any person over seventy years of age. In this last case,
of his sentence with the full time spent in actual
the death sentence shall be commuted to the penalty of
commitment and detention. reclusion perpetua with the accessory penalties provided in
Article 40.
6. The final release of a youthful offender, based on
good conduct as provided in Art. 196 shall not In all cases where the death sentence has become final, the
obliterate his civil liability for damages. 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. (As amended by R.A. no.
7659)
SECTION 2: EXECUTION OF PRINCIPAL PENALTIES
f. Prescription of penalty
107Entering the prohibited area is evasion of the service of 108Grounds for house arrest: health of the offender, and
sentence. other reasons satisfactory to the court.
g. Marriage of the offended woman with the • Pardon can only be given after final judgment;
offender – Only applicable in good faith and otherwise, there will be violation of the Doctrine
applicable only in crimes of rape, seduction of Separation of Powers.
and abduction or acts of lasciviousness.
Pertains to the forfeiture or loss of the right of the c. After 8 years for those punished by
State to prosecute the offender after the lapse of a imprisonment for two (2) years or more, but
certain time. not less than six (6) years; and
d. After 12 years for any other offense punished
• In prescription of crimes, it is the penalty
by imprisonment for six (6) years or more,
prescribed by law that should be considered.
except the crime of treason, which shall
prescribe after twenty (20) years.
• In computing for the prescription, the first day is
to be executed and the last day included. e. Any violations penalized by municipal
ordinances shall prescribe after two (2)
months.109
PRESCRIPTIVE PERIODS OF CRIMES
1. Crimes punishable by: f. After 5 years for offenses punished under the
Internal Revenue Law.
a. Death, reclusion perpetua, and reclusion g. After 2 months for violations of the
temporal = 20 years regulations or conditions of certificate of
b. Afflictive Penalties = 15 years convenience by the Public Service
Commission
c. Correctional Penalties = 10 year except those
punishable by arresto mayor which shall 4. When the prescription is interrupted – It shall be
prescribe in 5 years. interrupted only when the proceedings are
instituted against the guilty party and shall being
2. Crime of libel = 1 year
to run again if the proceedings are dismissed for
reasons not constituting jeopardy.
3. Offenses of oral defamation and slander by deed =
6 months
a. Simple Slander = 6 months
Art. 91, RPC.
b. Grave Slander = 2 months Computation of prescription of offenses. – The period of
prescription shall commence to run from the day on which
4. Light offenses = 2 months the crime is discovered by the offended party, the
authorities, or their agents, and shall be interrupted by the
5. Crimes punishable by fines filing of the complaint or information, and shall commence
to run again when such proceedings terminate without the
a. Afflictive Fines = 15 years accused being convicted or acquitted, or are unjustifiably
stopped for any reason not imputable to him.
b. Correctional Fines = 10 years
The term of prescription shall not run when the offender is
c. Light Fines = 2 months absent from the Philippine Archipelago.
Guidelines:
1. When the last day of prescriptive period falls on a Scope:
Sunday or a holiday – the information can no 1. The period of prescription shall begin to run from
longer be filed on the next day as the crime has the day on which the crime is discovered by the
already prescribed. The period will not be offended party, the authorities or their agents.
prolonged because doubt should be resolved in
favor of the accused. Note: Discovery of crime, not discovery of
offender.
2. Compound Crimes –When the penalty is a
Note: For the case of Illegal Recruitment, the
compound one, the highest penalty is the basis of
period of prescription runs from the time the
application of the rules in Article 90.
accused is certified as an illegal recruiter.
3. Violations penalized by special laws – unless 2. It is interrupted only by the filing of the
otherwise provided by the special laws, the complaint or information corresponding to the
following rules shall govern: offense committed with the prosecutor except in
a. After 1 year for offenses punished only by a cases falling under the Rules on Summary
fine or by imprisonment for not more than Procedure (filed with the court) and when filed
one (1) month, or both;
109 Prescription of crimes will start on the day of the
b. After 4 years for those punished by commission of the violation. If the same be not known at the
imprisonment for more than one (1) month time, from the discovery thereof and the institution of
but less than two (2) years; judicial proceedings for its investigation and punishment.
with the Punong Barangay (not exceeding 60 Prescription of the Crime Prescription of the Penalty
days). The forfeiture or loss of the The forfeiture or loss of the
right of the State to right of the government to
3. It shall commence to run again after the prosecute. execute the final sentence.
proceedings are terminated110 without the It is the penalty prescribed It is the penalty imposed
accused being convicted or acquitted, or by law that should be that should be considered.
unjustifiably stopped for any reason not considered.
imputable to the accused.
4. The term of prescription shall not run when the Art. 93, RPC.
offender is absent from the Philippine Computation of the prescription of penalties. – The period of
Archipelago. 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 defendant should
give himself up, be captured, should go to some foreign
Art. 92, RPC.
country with which this Government has no extradition
When and how penalties prescribe. – The penalties imposed
treaty, or should commit another crime before the expiration
by final sentence prescribe as follows:
of the period of prescription.
1. Death and reclusion perpetua, in twenty years;
4. Light penalties = 1 year. 2. The convict evaded the service of his sentence by
escaping during the term of his sentence;
Art. 95, RPC. A deduction of two-fifths of the period of his sentence shall
Obligation incurred by a person granted conditional pardon. be granted in case said prisoner chose to stay in the place of
– Any person who has been granted conditional pardon shall his confinement notwithstanding the existence of a calamity
incur the obligation of complying strictly with the conditions or catastrophe enumerated in Article 158 of this Code.
imposed therein, otherwise, his noncompliance with any of
the conditions specified shall result in the revocation of the This Article shall apply to any prisoner whether undergoing
pardon and the provisions of Article 159 shall be applied to preventive imprisonment or serving sentence. (As amended
him. by R.A. 10592, approved May 29, 2013)
1. During the first two years of his imprisonment, he shall 2. Commutation of sentence;
be allowed a deduction of five days for each month of 3. Good conduct allowances which the offender may
good behavior; earn while serving his sentence;
2. During the third to the fifth year, inclusive, of his 4. Parole;112 and
imprisonment, he shall be allowed a reduction of
5. By probation.
twenty-three days for each month of good behavior
during detention;
4. During the eleventh and successive years of his 112Consists in the suspension of the sentence of a convict
imprisonment, he shall be allowed a deduction of thirty
after serving the minimum term of the indeterminate
days for each month of good behavior during detention. penalty, without granting pardon, prescribing the terms upon
which the sentence shall be suspended. In case his parole
5. At any time during the period of imprisonment, he shall conditions are not observed, a convict may be returned to
be allowed another deduction of fifteen days, in the custody and continue to serve his sentence without
deducting the time that elapsed.
Executive
For violations, convict
Pardons and Parole
For violations, may be D. Criminal and
may be prosecuted rearrested, convict serves
under Art. 159 remaining sentence Civil liability
Person Civilly Liable For Felonies
Allowance for Good Conduct:
f. Prescription of penalty
Exception: Death does not extinguish civil liability Art. 90, RPC.
arising from sources other than the crime committed Prescription of crimes. – Crimes punishable by death,
survives, and may be pursued in a separate civil reclusion perpetua or reclusion temporal shall prescribe in
action. Sources of civil liability other than crime are twenty years.
law, contracts, quasi-contracts and quasi-delicts.
Crimes punishable by other afflictive penalties shall
Amnesty, defined prescribe in fifteen years.
Amnesty is an act of the sovereign power granting Those punishable by a correctional penalty shall prescribe in
oblivion or a general pardon for a past offense. ten years; with the exception of those punishable by arresto
mayor, which shall prescribe in five years.
• It is rarely, if ever, exercised in favor of a single
individual, and is usually extended in behalf of The crime of libel or other similar offenses shall prescribe in
certain classes of persons, whether or not they one year.
have already been convicted.
The crime of oral defamation and slander by deed shall
prescribe in six months.
Pardon, defined
Pardon refers to an act of grace proceeding from the Light offenses prescribe in two months.
power entrusted with the execution of the laws.
When the penalty fixed by law is a compound one, the
• This exempts the individual on whom it is highest penalty shall be made the basis of the application of
bestowed from the punishment provided for by the rules contained in the first, second and third paragraphs
the law for the crime committed. of this article. (As amended by R.A. 4661)
Elements:
Prescriptive Periods of penalties
a. Penalty is imposed by final judgment;
1. Death and reclusion perpetua = 20 years;
b. The convict evaded the service of his sentence by
2. Other afflictive penalties = 15 years
escaping during the term of his sentence;
3. Correctional penalties = 10 years, except for the
c. The convict who escaped from prison has not
penalty of arresto mayor which prescribes for 5 given himself up, or been captured, or gone to a
years; and foreign country with which the Philippines has no
4. Light penalties = 1 year. extradition treaty, or committed another crime;
• If the Government has an extradition treaty
Guidelines: but the crime committed is not included in
1. Penalties must be imposed after final judgment. the treaty, this would interrupt the running
Appeal of the convict then fleeing to the of the prescriptive period.
mountains, the penalty imposed on the convict
d. The penalty has prescribed, because of the lapse
cannot prescribe since no final judgment has been
of time from the date of evasion of the service of
rendered.
the sentence by the convict.
2. If the accused was never arrested to serve the
sentence, the prescriptive period cannot CHAPTER TWO: PARTIAL EXTINCTION OF
commence to run. CRIMINAL LIABILITY
A deduction of two-fifths of the period of his sentence shall Special Time Allowance for Loyalty, defined
be granted in case said prisoner chose to stay in the place of Pertains to the deduction of 1/5th of the period of the
his confinement notwithstanding the existence of a calamity sentence of a prisoner who, having evaded the service
or catastrophe enumerated in Article 158 of this Code.
116Consists in the suspension of the sentence of a convict
This Article shall apply to any prisoner whether undergoing
after serving the minimum term of the indeterminate
preventive imprisonment or serving sentence. (As amended
penalty, without granting pardon, prescribing the terms upon
by R.A. 10592, approved May 29, 2013)
which the sentence shall be suspended. In case his parole
conditions are not observed, a convict may be returned to
the custody and continue to serve his sentence without
Art. 99, RPC. deducting the time that elapsed.
Persons liable for insane or minor exempt from 2. The crime committed in such inn, tavern, or
criminal liability: establishment.
1. The person having legal capacity or control over
them, if the latter are the ones at fault or 3. The person criminally liable is insolvent or absent.
negligent – they are primarily liable.
2. If no fault or negligence on their part, or even if • Concurrence of all elements makes the
at fault or negligent but insolvent, or should there innkeeper, tavernkeeper or proprietor of the
be no person having such authority or control, the establishment civilly liable.
insane, imbecile, or such minor shall respond with
their own property, not exempt from • This liability, however, is subsidiary in nature,
execution.117 hence the requisite of the offender’s insolvency.
[Reyes, p. 924]
the price of the object and its sentimental value to Net Earning Capacity = Life Expectancy x
the injured party. (Gross Annual Income – Living Expenses)
• If no evidence is available as to the value of the
property unrecovered, reparation cannot be
made.
1. Life Expectancy = 2/3 x (80-age of the deceased
at the time of death)
SCOPE OF REPARATION
Only applies to crimes against property. 2. Gross Annual Income = Monthly Earnings x Number
of Months