Documenti di Didattica
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Fundamental Principles
* Penal Laws - are the acts of the legislature prohibiting certain acts and establishing penalties for their violations.
* Lex prospicit, non respicit - the law looks forward and not backward
3. Ecclectic Philosophy
- mixed
- combines the good features of both the classical and the positivist theories
4. Utilitarian Philosophy
- Protective theory
- Primary function of punishment in criminal law is to protect society from potential and actual wrong doers
Felonies
Article 3 – Definitions – Acts and omissions punishable by law are felonies (delitos).
- Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).
- There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
Elements of felonies:
1. That there must be an act or omission
2. That the act or omission must be punishable by the RPC
3. That the act is performed or the omission incurred by means of dolo or culpa
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Classification of Felonies:
(1) Formal Felonies - consummated (always); no frustrated or attempted
(2) Material Felonies - attempted; frustrated; consummated
As to count:
Composite As to gravity:
Complex Grave
Compound Less grave
Light
As to nature:
(1) mala in se – crimes which are wrongful from their nature
- (basis) moral state of the offender, hence good faith or lack of criminal intent is a defense
- (modifying circumstances) taken into account in imposing penalty on the offender because his moral trait is the basis of the
crime
- (degree of participation) basis whether he is a principal offender, or merely accessory
(2) mala prohibita – wrongful because prohibited by statute
- (basis) voluntariness, hence, good faith/lack of criminal intent is not a defense, unless intent is an element of a crime
- (modifying circumstances) not considered because the law prohibits
- (degree of participation) the penalty of the offender is the same as they are all deemed principals
- (stage of accomplishment) violation of law is punished only when accomplished or consummated
- Finality of Acquittal Rule - the powers of the state should not be allowed to make repeated attempts to convict an individual for an
alleged offense
* Mistake - refers to the situation itself and does not apply to identity because in the latter there is no intent
- effect on error on personae depends on the actual and intended victim and lower penalty shall apply
* Impossible crime - acts performed would have been a crime against person or property
- there is criminal intent
- not accomplished because of the inherent impossibility or because the means employed is inadequate or ineffectual
- is punished to suppress lawlessness or to teach a lesson to the offender
- no attempted or frustrated
*OVERT ACTS - external acts; if continued will result to a felony; start of criminal liability
* directly - the offender is liable for the attempted stage of felony; directly linked to the overt act irrespective of the intention
* DESISTANCE - absolutory circumstance (only in the attempted stage)
- in attempted stage, the offender has still control of his acts
- stages: planning; time before execution; the execution
- 2 phases of a felony:
subjective phase - there is still control over his acts; has not yet passed, felony would be a mere attempt (attempted)
objective phase - there is no more control over his acts (frustrated)
*execution
- not all acts of execution have been done (attempted)
- all act of execution has been performed (frustrated)
*non-accomplishment
- it is a cause or accident other than the offender's own spontaneous desistance (attempted)
- it is some cause independent of the will of the perpetrator (frustrated)
- development of a crime:
INTERNAL ACTS - are not punished
EXTERNAL ACTS - refer to preparatory acts of execution
* Preparatory acts - are not punished unless these acts are punished in themselves as independent crimes
* PROPOSAL AND CONSPIRACY TO COMMIT A CRIME - are not punished except in those cases provided for law
Article 7 – LIGHT FELONIES are punishable only when consummated except in crimes against persons or property
- however, only the principals and accomplices are liable, accessories are not
Article 8 – CONSPIRACY in statutory language exists when 2 or more persons agree to commit a crime and decide to commit it
- When proposal is accepted, it becomes conspiracy; the essence of conspiracy is community of criminal intent
- It is essential for one to be liable for the acts of the others that there be intentional participation in the transaction with a view to the
furtherance of the common design
- Except when he is the mastermind of the conspiracy, it is necessary that a co-conspirator should have performed some overt acts as a
direct or indirect contribution in the execution of the crime planned to be committed
- Overt acts may consist of active participation in the actual commission of the crime itself; moral assistance to his co-conspirators by
being present at the commission of the crime; or exerting moral ascendancy over the co-conspirators
- 2 concepts of conspiracy:
as to the crime itself subject conspiracy is not yet committed but mere act of conspiring is defined and punished as a crime
as a basis of incurring liability the execution of the plan is commenced
* Arias Doctrine - all heads of offices have to rely to a reasonable extent on their subordinates and on the good faith of those who
prepare bids, purchase supplies, or enter into negotiations
Article 9 - GRAVE FELONIES are PENALIZED BY CAPITAL PUNISHMENT OR AFFLICTIVE PENALTIES IN ANY OF ITS PERIODS, i.e. minimum, medium
and maximum period of the penalty is an afflictive penalty. Afflictive penalties over prision mayor, disqualification, reclusion temporal and
reclusion perpertua; penalty of more than 6 years
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- LESS GRAVE FELONIES are punished with penalties which in their maximum period are CORRECTIONAL, thus the maximum period of
the penalty must be correccional, that is, destierro, suspension, arresto mayor or prision correccional
- LIGHT FELONIES are infractions punished with ARRESTO MENOR OR FINE OF 200 BELOW
(note: in Article 26, a fine of 200 is considered correccional)
Article 10 - SPECIAL PENAL LAWS define and penalize crimes not included in the Code; they are different from those defined and punished in the
Code
- this distinction is important with reference to the intent with which a wrongful act is done.
- GR: special laws are not subject to the provisions of the Revised Penal Code
- however, the Code shall have the supplementary application to the special laws whenever the latter uses the nomenclature of penalties
in the Code, thus indication of the intent of the Congress to make the Code apply suppletory, necessary, with its duration, correlation and
legal effects under its system of penalties
- the suppletory effect of the Code to special law under this article cannot be invoked where there is legal or physical impossibility of or a
prohibition in special law against such suppletory application
- dolo is not required in crimes punished by a special statute
- ABSOLUTORY circumstances:
instigation due to public policy
spontaneous desistance in the attempted stage unless the over act committed constitutes another crime
attempted/frustrated light felonies except those against persons or property
accessories in light felonies
accessories relative other than profiting in the crime
death/physical injuries under extra-ordinary circumstance
certain relatives in theft, estafa and malicious mischief
somnambulism (sleep walking)
mistake of fact
total repeal of penal law
- entrapment is the employment of ways and means for the purpose of trapping or capturing a lawbreaker, the idea to commit originates
in the minds of the instigator and the accused is lured into the commission of the offense charged in order to prosecute him
- instigation is an absolutory circumstance akin to an exempting circumstance; doesn't have an intention to commit a crime
1. self-defense:
unlawful aggression – the primordial requisite which must be present at all times (INDISPENSABLE)
- must be actual, sudden, unexpected attack or imminent danger thereof, and not merely a threatening or
intimidating attitude
- must be real or at least imminent; means an attack of physical force
- When the aggression ceased to exist, there is no need for self-defense
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reasonable necessity of the means employed – depends upon the circumstances surrounding the aggression, the state of
mind of the aggressor and the available weapon at the defender’s disposal
- there is no reasonable necessity of the means of defense when the unlawful aggression has already ceased
- does not imply commensurability between the means of attack and defense
- “stand ground when in the right” is the rule which applies when the aggressor is armed with a weapon and is
especially more liberal if the person attacked is a peace officer in the performance of his duty, this rule has
superseded the rule “retreat to the wall” which makes it a duty of a person
lack of sufficient provocation on the part of the person defending himself – on the part of the person defending himself
shows that there may have been provocation but it should not be sufficient and it must not immediately precede the act
- It is not enough that the provocative act be unreasonable or annoying
- In defense of one’s chastity, there must be imminent and immediate danger of rape to justify the killing; if it were
only acts of lasciviousness, the killing is unreasonable means
- Slander may be means to repel slander, but it must not be more than needed to defend himself from the
defamatory remarks
- In defense of property, killing is not justified, there must be in addition the necessity to save another life
2. defense of relatives:
unlawful aggression
reasonable necessity of the means employed
in case the provocation was given by the person attacked, the person defending had no part therein
3. defense of strangers:
unlawful aggression
reasonable necessity of the means employed to prevent or repel it
the person defending is not induced by revenge, resentment or other evil motives
(beyond 4th degrees of consanguinity is a defense for strangers)
1. Imbecility or insanity – exists when there is a complete deprivation of intelligence, freedom of the will
- Art. 79 refers to insanity after the commission of the crime;
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- Art. 12 refers to insanity at the very moment the crime is being committed
- where an imbecile or insane person has committed a felony, the court shall order his confinement in one of the hospitals or
asylums, and he shall not be permitted to leave without the permission of the court and Director of Health
- insane - is not so exempt if it can be shown that he acted during a lucid interval
(during lucid interval, the insane acts with intelligence)
- it exists when there is a complete deprivation of intelligence while committing the act
- insanity meaning section 1039 of the Administrative code
* kleptomania
- neurotic impulse to steal
* epilepsy
- a chronic nervous disease characterized by fits, occurring at intervals, attended by compulsive motions of the
muscles and loss of consciousness
* feeblemindedness
- it is not imbecility because the offender would distinguish right from wrong
- weakness; ineffectiveness
* pedophilia
- a sexual disorder wherein the subject has strong, recurrent and uncontrollable sexual and physical fantasies about
children which he tries to fulfill, especially when there are no people around
* amnesia
- sudden loss of memory
- it is no defense to a criminal charge unless it is shown by competent proof that the accused did not know the nature
and quality of his action and that it was wrong
- 2 tests of insanity:
TEST OF COGNITION – complete deprivation of intelligence in committing the criminal act
TEST OF VOLITION – total deprivation of the freedom of the will
3. Person over 9 years of age and under 15, acting without discernment
- intent – desired act of a person
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- REPEALED BY R.A. 9344:
- a child 15 years of age or under no criminal liability; subject to an intervention program
- a child 15 to 18 years no criminal liability; subject to intervention program
Unless acted with discernment, shall be subject to appropriate proceedings
- Exemption from criminal liability does not exclude exemption from civil liability
4. Accident
- elements:
a person is performing a lawful act
with due care
he causes injury to another by mere accident
without fault or intention of causing it
* Accident – an occurrence that happens outside the sway of our will and although it comes about through some act of our will,
lies beyond the bounds of human foreseeable consequences
* Negligence - omission to do something which a reasonable man, guided by those consideration which ordinarily regulate the
conduct of human affairs, or the doing of something which a prudent and reasonable man would not do.
* In case of accident, actor must not leave the victim so that he will not be held liable for abandonment under Art. 275 of RPC.
- elements:
compulsion is by means of physical force
physical force must be irresistible
physical force must come from a third person
- elements:
the threat which causes the fear is of an evil greater than, or at least equal to, that which he is required to commit
that it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it
* irresistible force – uses violence or physical force to compel another person to commit a crime
* uncontrollable fear – employs intimidation or threat in compelling another to commit a crime
7. A person who fails to perform an act required by law, when prevented by some lawful or insuperable cause
- elements:
that an act is required by law to be done
that a person fails to perform such act
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that his failure to perform such act was due to some lawful or insuperable cause
- Absolutory causes – the act committed is a crime but for reasons of public policy and sentiment, there is no penalty imposed
* Basis:
Exempting Circumstances Basis
1. imbecility or insanity complete absence of intelligence
2. person 9 years under complete absence of intelligence
3. person over 9 years and under 15 complete absence of intelligence
4. ffmere accident lack of intelligence or intent
5. irresistible force complete absence of freedom
6. uncontrollable fear complete absence of freedom
7. prevented by insuperable cause acts without intent
Article 13 – Mitigating Circumstances – are those which, if present in the commission of the crime, do not entirely free the actor from criminal
liability, but serve only to reduce the penalty
- Outside of Art. 13 are Extenuating circumstances; such as concealment of dishonor on the part of the mother in infanticide which have
the effect of reducing the penalty
~ prision correccional 6 mos. 1 day to 6 yrs. max: 4 yrs. 2 mos. 1 day to 6 yrs.
med: 2 yrs. 4 mos. 1 day to 4 yrs. 2 mos.
min: 6 mos. 1 day to 2 yrs. 4 mos.
- When all the requisites necessary to justify the act are not attendant:
incomplete self-defense, defense of relatives, and defense of stranger
(Unlawful aggression must be present)
incomplete justifying circumstance of avoidance of greater evil or injury
incomplete justifying circumstance of performance of duty
incomplete justifying circumstance of obedience to an order
- When all the requisites necessary to exempt from criminal liability are not attendant:
incomplete exempting circumstance of minority over 9 and under 15 years of age
incomplete exempting circumstance of accident
incomplete exempting circumstance of incontrollable fear
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1. under 18 or over 70 years old
*Senility is only an ordinary mitigating circumstance except when the penalty imposable is death in which case it shall be
reduced to reclusion pursuant to Art. 83
- requisites:
the provocation must be sufficient
it must originate from the offended party
the provocation must be immediate (no lapse of time between the provocation and the commission of the offense)
* The threat should not be offensive and positively strong. Otherwise, the threat to inflict real injury is an unlawful aggression,
which may give rise to self-defense.
- Requisites:
that there be a grave offense done to the one committing the felony, his spouse, ascendants, descendants,
legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees
that the felony is committed in vindication of such grave offense
* Immediate vindication means proximate. A lapse of time is allowed between the vindication and the doing of the grave
offense.
Provocation Vindication
1. The grave offense may be committed also against the offender’s
1. It is made directly only to the person committing the felony.
relatives mentioned by law.
2. The cause that brought about the provocation need not be a 2. The offended party must have done a grave offense to the offender of
grave offense. his relatives mentioned by law.
3. It is necessary that the provocation or threat immediately 3. The vindication of the grave offense may be proximate, which admits
preceded the act. of an interval of time.
* Vindication of a grave offense and passion or obfuscation cannot be counted separately and independently.
5. Passion or obfuscation
- It is necessary that it arouse from lawful sentiments
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- There must be an unlawful act and sufficient to excite passion or obfuscation on the accused
- It is mitigating because there are causes naturally producing in a person powerful excitement, he loses his reason and self-
control, thereby diminishing the exercise of his will power
- Requisites:
the accused acted upon an impulse
the impulse must be so powerful that it naturally produced passion or obfuscation in him
- Reason: When there are causes, naturally producing in a person powerful excitement, he loses his reason and self-control,
thereby diminishing the exercise of his will power.
- exceptions:
if the act is committed in the spirit of lawlessness
if the act is committed in the spirit of revenge
* When surrender voluntary a surrender to be voluntary must be SPONTANEOUS, showing the intent of the accused to
submit himself unconditionally to the authorities, either because:
he acknowledges his guilt
he wishes to save them the trouble and expense necessarily incurred in his search and capture
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- Requisites of VOLUNTARY PLEA OF GUILT:
that the offender spontaneously confessed his guilt
that the confession of guilt was made in open court, that is, before the competent court that is to try the case (judicial
confession)
that the confession of guilt was made prior to the presentation of evidence for the prosecution
- physical defect – being armless, cripple, or a stutterer, whereby his means to act, to defend himself, or to communicate with
his fellow human beings, is limited; physical defect has some relation to the crime committed by him
- This paragraph does not distinguish between educated and non-educated deaf-mute or blind persons
- Requisites:
that the illness of the offender diminishes the exercise of his will power
that such illness should not deprive the offender of consciousness of his acts
- This only refers to diseases of pathological state that trouble the conscience or will
- Illness of mind is included; diseased mind not amounting to insanity
Examples:
Similar and Analogous Circumstances Mitigating Not Mitigating
* over 60 years old with a failing sight – similar to over 70 * killing the wrong man
* outraged feeling – vindication, passion or obfuscation * not resisting arrest
* impulse of jealous feeling – passion or obfuscation * condition of running amuck (violently or uncontrollably)
* Battered Wife Syndrome – diminishes exercise of will power
* esprit de corps – passion or obfuscation
* voluntary restitution of property – voluntary surrender
* extreme poverty and necessity – incomplete justification
* testifying for prosecution – plea of guilty
* Basis:
Mitigating Circumstances Basis
1. incomplete justifying or exempting circumstances
2. under 9 or over 70 years old diminution of intelligence
3. Praeter Intentionem diminution of intent
4. provocation or threat diminution of intelligence and intent
5. vindication of grave offense diminution of the conditions of voluntariness
6. passion or obfuscation diminution of intelligence and intent
7. surrender and confession of guilt lesser perversity of the offender
8. physical defect diminution of freedom of action
9. illness of the offender diminution of intelligence and intent
10. similar and analogous circumstance
Article 14 – Aggravating Circumstances – are those which if the attendant in the commission of the crime, serve to increase the penalty without,
however, exceeding the maximum of the penalty provided by the law for the offense; based on the greater perversity of the offender
Manifested by:
the motivating power itself
the place of the commission
the means and ways employed
the time
the personal circumstances of the offender, or of the offended party
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- 4 KINDS OF AGGRAVATING CIRCUMSTANCES:
generic generally apply to all crimes/felonies; imposed in the maximum period
specific/special apply only to particular crimes; they do not change the character of the offense charged
qualifying change the nature of the crime
inherent must of necessity accompany the commission of the crime
* With the Revised Rules on Criminal Procedure, the information must specify the qualifying and aggravating circumstance
* Any aggravating circumstance must be alleged in the information (new rule)
* With qualifying aggravating circumstances, must be proved beyond reasonable doubt, because it changes the nature of the
crime
* Where one of the aggravating circumstances has been used as a qualifying circumstance, the other will be deemed as generic
* Conspiracy cannot per se qualify the crime committed
- Test: Did the accused abuse his office in order to commit the crime?
- This circumstance not applied in:
Falsification of document committed by public officers under Art. 171
Accessories under Art. 19(3)
crimes committed by public officers (found in Arts. 204-245)
- Requisites:
that the public authority is engaged in the discharge/exercise of his functions/duties
that he who is thus engaged in the exercise of said functions is not the person against whom the crime is committed
the offender knows him to be a public authority
his presence has not prevented the offender from committing the criminal act
* Knowledge that a public authority is present is essential
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3. Disregard of RANK, AGE, OR SEX of offended party; or commission in the DWELLING of the offended party
- There must be proof that the offender deliberately intended to offend/ insult the offended
- Applicable only to crimes against person/honor
- If the 4 circumstances enumerated in this paragraph are present, they have the weight of only 1 aggravating circumstance
- Act must be committed w/ insult or in disregard of the respect due the offended party on the account of the:
rank of the offended party; there must be a difference in the social condition of the offender and the offended party
age of the offended party; applies to cases where the victim is of tender age as well as of old age
sex of the offended party; this refers to the female sex, not to the male sex
4. Dwelling (morada) – must be a building or structure, exclusively used for rest and comfort
- Includes dependencies, staircases and enclosures under the house
6. Places of Commission
Places:
Palace of the Chief Executive
In the presence of the Chief Executive
Where public officers are engaged in the discharge of their duties
Place dedicated to religious worship
- For the purpose of impunity – means to prevent his being recognized, or to secure himself against detection and punishment
- Nighttime – is the period of darkness beginning at the end of dusk and ending at dawn
- An uninhabited place – is one where there are no houses at all; a place at a considerable distance from town, or where the
houses are scattered at a great distance from each other (a place where there are no people/no number of houses within the
perimeter of 200 meters)
- Band – whenever more than 3 armed men malefactors shall have acted together in the commission of an offense, it shall be
deemed to have been committed by a band
- Acted together – means direct part in the execution of the act constituting the crime
8. Calamity or Misfortune
- the reason for the existence of this circumstance is found in the debased form of criminality met in one who, in the midst of a
great calamity, instead of lending aid to the afflicted, adds to their great suffering by taking advantage of their misfortune to
despoil them
- requisites:
that armed men of persons took part in the commission of the crime, directly or indirectly
that the accused availed himself of their aid or relied upon them when the crime was committed
- Exceptions:
this aggravating circumstance shall not be considered when both the attacking party and the party attacked were
equally armed
this aggravating circumstance is not present when the accused with him in the commission of the crime acted under
the same plan and for the same purpose
* Aid of armed men is absorbed by “employment by a band”
RECIDIVIST
- requisites:
that the offender is on trial for an offense
that he was previously convicted by final judgment of another crime
that both the 1st and 2nd offenses are embraced in the same title of the Code
that the offender is convicted of the new offense
* No recidivism if the subsequent conviction is for an offense committed before the offense involved in the prior conviction.
REITERACION
- requisites:
that the accused is on trial for an offense
that he previously served sentence for another offense (1) to which the law attaches an equal or greater penalty, or
for 2 or more crimes to which it attaches lighter penalty than that for the new offense
the he is convicted of the new offense
Recidivism Reiteracion
1. It is enough that a final judgment has been 1. It is necessary that the offender shall have served out
rendered on the first offense. this sentence for the first offense.
2. Recidivism requires that the offenses be 2. The previous and subsequent offenses must not be
included in the same title of the Code. embraced in the same title of the Code.
3. There is no requirement as to penalty. Only 3. The prior crime must have been imposed with a
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previous conviction, final judgment. penalty equal or greater than the 2nd crime.
- HABITUALITY:
recidivism - Art. 14(9)
reiteracion – Art. 14(10)
multi-recidivism or HABITUAL DELINQUENCY – Art. 62(5)
merely increases the penalty for the offense committed
within a period of 10 years, last convicted of falsification (against interest), robbery (against property),
estafa (against property), theft (against property), serious or less physical injuries (against persons), he is
found guilty of said crime a 3rd time or oftener
There must be 3 convictions within 10 years of the covered crimes
QUASI-RECIDIVISM – Art. 160
which may not be offset by an ordinary mitigating circumstance
has been previously convicted by final judgment and before beginning to serve such sentence or while
serving the same committed a felony, shall be punished by the maximum period of the penalty prescribed
by law for the new felony
- when this aggravating circumstance is present, there must be 2 or more principals; the one who gives and offers the price or
promise and the one who accepts it
- “offeror” is the principal by inducement; “acceptor” is the principal by direct participation
- the evidence must show that one of the accused used money or other valuable consideration for the purpose of inducing
another to perform the deed
- when this aggravating circumstance is present, it affects not only the person who received the price or reward, but also the
person who gave it
BY MEANS OF INUNDATION, FIRE, POISON, EXPLOSION, stranding of a vessel or intentional damage thereto, derailment of a locomotive,
or by the use of any other artifice involving great waste and ruin
- any of the circumstances in paragraph 12 cannot be considered to increase the penalty or to change the nature of the offense
unless used by the offender as a means to accomplish a criminal purpose
Par. 12 (by means of inundation, fire, etc.) Par. 7 (on occasion of calamity or misfortune)
Under par. 12, the crime is committed by means of any Under par. 7, the crime is committed on the occasion of
such acts involving great waste and ruin. a calamity or misfortune.
EVIDENT PREMEDITATION
- the essence of premeditation is that the execution of the criminal act must be preceded by cool thought and reflection upon the resolution to
carry out the criminal intent during the space of time sufficient to arrive at a calm judgment
- A period sufficient in a judicial sense to afford full opportunity for meditation and reflection and sufficient to allow conscience of the actor to
overcome the resolution of his will if he desires to harken to its warnings has elapsed.
- requisites:
proof of time when the offender determined to commit the crime
an act manifestly indicating that the culprit has clung to his determination; and
a sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of
his act and to allow his conscience to overcome the resolution of his will
- CRAFT – involves the use intellectual trickery, chicanery, or cunning resorted to be the accused to carry out his evil design
- FRAUD – involves the use of insidious words and machination, used to induce the victim to act in a manner, which would
enable the offender to carry out his design
- DISGUISE – involves resort to any device in order to conceal identity
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- when there is direct inducement by insidious words of machinations, fraud is present; otherwise, the act of the accused done
in order not to arouse the suspicion of the victim constitutes craft
- craft, fraud or disguise may be absorbed by TREACHERY
- superior strength – to take advantage of superior strength means to use purposely or intentionally employing excessive force
out of proportion to the means of defense available to the person attacked; there must be notorious inequality of forces
between the victim and the aggressor
- the aggravating circumstance of abuse of superior strength depends on the age, size and strength of the parties
- means to weaken the defense – the offender employs means to materially weaken the resisting power of the offended party
TREACHERY
- there is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in
the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the
defense which the offended party might take
- requisites:
that at the time of the attack, the victim was not in a position to defend himself
that the offender consciously adopted the particular means, method or form of the attack employed by him
* Killing a child is characterized by treachery, because the weakness of the victim due to his tender age results in the absence of
any danger to the accused.
- Rules on treachery:
applicable only to crimes against persons
means, methods, or forms need not insure accomplishment of crime
the mode of attack must be consciously adopted
must be present at the proper time
treachery absorbs:
- abuse of superior strength
- aid of armed men
- by a band
- means to weaken defense
- may absorb craft, fraud, and disguise
- where applicable:
crimes against chastity
less serious physical injuries
light or grave coercion
murder
* The Supreme Court considered ignominy in the crime of rape (based on jurisprudence)
UNLAWFUL ENTRY
- there is unlawful entry when an entrance is effected by a way not intended for the purpose
- aggravating only in those cases where the offender resorted to breaking of wall, window, etc., as a means to enter the house
- it must be a means to effect entrance and not for escape
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- the circumstance is aggravating only in those cases where the offender resorted to any of said means to enter the house; if
broken to get out of the place, it is not an aggravating circumstance
AID OF MINOR (under 15 years); or BY MEANS OF MOTOR VEHICLES, AIRSHIPS OR OTHER SIMILAR MEANS
- the 1st paragraph tends to repress the frequent practice resorted to by professional criminals to avail themselves of minors
taking advantage of their irresponsibility
- the 2nd paragraph is intended to counteract the great facilities found by modern criminals in said means to commit the crime,
and then flee and abscond once the same is committed
- Requisites:
that the injury caused be deliberately increased by causing other wrong
that the other wrong be unnecessary for the execution of the purpose of the offender
* ignominy involves moral suffering while cruelty refers to physical suffering
Alternative Circumstances
Article 15 – Alternative Circumstances – are those, which must be taken into consideration as aggravating or mitigating, according to the nature
and effects of the crime and the other conditions attending its commission
- the alternative circumstances are:
RELATIONSHIP the alternative circumstance of relationship shall be taken into consideration when the offended party is the:
o spouse
o ascendant
o descendant
o legitimate, natural or adopted brother or sister, or relative by affinity in the same degree, of the offender
* The relationship of stepfather or stepmother and stepson or stepdaughter is included by analogy to that of ascendant and
descendant.
Aggravating: It is aggravating in crimes against persons in cases where the offended is a relative of a higher degree than the
offender and the offender party are relatives of the same level.
- It is aggravating even if the offended party is a descendant, if offense is physical injuries under Article 263, except with regard
to parents who inflict injuries to their children by reason of excessive chastisement.
- In crimes against chastity, relationship is always aggravating, regardless of whether the offender is a relative of a higher or
lower degree of the offended party.
* However, relationship is neither mitigating nor aggravating, when relationship is an element of the offense.
INTOXICATION – by state of intoxication is meant that the offender’s mental faculties must be affected by drunkenness
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PERSONS CRIMINALLY LIABLE FOR FELONIES
ACCESSORIES are not liable for light felonies because in its commission, the social wrong as well as the individual prejudice is so small that the
penal sanction is deemed not necessary for accessories
When light felonies are committed against persons or property, they are punishable even if they are only in the attempted or frustrated stage of
execution
- 2 parties:
active subject criminal
passive subject the injured party
Article 17 – PRINCIPALS:
principals by direct participation
principals by induction
principals by indispensable cooperation
- Conspiracy by prior agreement, the principal by direct participation who does not appear at the scene of the crime is not liable.
- The inducer may be a principal, an accomplice or without liability at all.
- He is a principal if his inducement has been obeyed and his utterances must be of such nature and made in such manner as to become
the determining cause of the crime
- when 2 or more persons participating in the crime, it is necessary to determine the participation of each
- principal under Article 17 is liable and limited to his own acts; “a co-conspirator” who is also a principal is liable and includes the act of
his fellow conspirators
* Principal by direct participation are those who: 1) Materially execute the crime, they must 2) Appear at the scene of the crime and,
3) Performs acts necessary in accomplishing the crime.
- formal agreement or previous acquaintance among several persons not necessary in conspiracy
- conspiracy must be established by positive and conclusive evidence
- when there is no conspiracy, each of the offenders is liable only for the act performed by him
- conspiracy is implied when the accused had a common purpose and were united in its execution
- unity of purpose and intention in the commission of the crime is shown in the following cases:
spontaneous agreement at the moment of the commission of the crime is sufficient to create joint responsibility
active cooperation by all the offenders in the perpetration of the crime will also create joint responsibility
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contributing by positive acts to the realization of a common criminal intent also creates joint responsibility
presence during the commission of the crime by a band and lending moral support thereto, also create joint
responsibility with the material executors
where one of the accused knew of the plan of others to kill the victims and he accepted the role assigned to him
- a person in conspiracy with other, who had desisted before the crime was committed by the other, is not criminally liable
- when there is conspiracy, it is not necessary to ascertain the specific act of each conspirator
* Principal by inducement (or mastermind) are liable even if they did not appear at the scene of the crime because the crime would
not have been committed without the inducement and because they induce others to commit the crime so they do not have to appear in
the scene of the crime.
* Mere careless comment made by one who does not have dominance or moral ascendancy over the offender will not make
him a principal by inducement. Where the words uttered did not influence the offenders, the inducer is generally liable as
accomplice because the law favors a lesser penalty.
* Article 17 provides that the principals are those who directly force or induce others to commit an offense. One is induced to
commit a crime either by command (precepto) or consideration (facto) or by any other similar acts.
- effects of acquittal of principal by inducement by direct participation upon the liability of principal by inducement:
conspiracy is negated by the acquittal of co-defendant
one cannot be held guilty of having instigated the commission of a crime without first being shown that the crime has
been actually committed by another
* Principal by indispensable cooperation there must be direct participation in the criminal design by another act without which the
crime would not have been committed
May be a co-conspirator under the same doctrine of implied conspiracy
* The act must be of such importance that the crime could not have been committed without him or that he participated
therein. Otherwise, he cannot be considered a principal by indispensable cooperation.
- “cooperate” means to desire or wish in a common thing
- requisites:
participation in the criminal resolution (there must be a conspiracy)
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cooperation in the commission of the offense by performing another act (cooperation must be indispensable)
Article 18 - Accomplices those who are not principals but cooperate in the execution of the offense by previous or simultaneous act (before
the fact); not being included in Art. 17; cooperate in the execution of the execution of the offense by previous or simultaneous acts
- Conspiracy is not a requirement
- Supplies material or moral aid to the principal in an efficacious way
- He knows about the criminal design of the principal and he cooperates knowingly or intentionally in a manner in which is not
indispensable to the commission of the crime
- There is so-called quasi-collective criminal responsibility where some of the offenders in the crime are principals and the others are
accomplices
- In case of doubt, the participation of the offender will be considered that of an accomplice rather than that of the principal
- When the participation of an accused is not disclosed, he is only an accomplice
- requisites:
there be a community of design
he cooperates in the execution of the offense by previous or simultaneous acts
there be a relation between the acts done by the principal and those attributed to the person charged as accomplice
Accomplices Conspirators
* they know and agree with the criminal design
*come to know about it after the principals have reached the *know the criminal intention because they themselves have decided
decision, and only then they do agree to cooperate in its execution upon such course of action
*merely concur in it; do not decide whether the crime should be * decide that a crime should be committed
committed
* merely instruments * the authors of the crime
Article 19 – ACCESSORIES:
have the knowledge of the commission of the crime (after the fact)
have not participated therein
take part subsequent to its commission (accessory after the fact) in any of the following 3 manners:
o by profiting or assisting the offender profit from the effect of the crime
o by concealing or destroying the body of the crime (corpus delicti – actual commission of the crime) or effects or the
instruments thereof to prevent its discovery
o by harboring, concealing or assisting in the escape of the principal
in case of a public officer for any crime of he acts with abuse of public functions
in case of private individuals when the author of the crime is guilty of treason, attempt on the life of the
Chief Executive, Murder, Parricide or is known to be habitually guilty of some other crime
* Accessories may be liable as principals in another crime if his act or omission is also penalized in a special law. In crimes under special
laws or crimes mala prohibita, the offenders generally penalized unless otherwise provided.
- Mere possession of stolen property does not make the accused an accessory where the thief was already convicted
- Entertaining suspicion that a crime has been committed is not enough
- Knowledge of the commission of the crime may be acquired subsequent to the acquisition of stolen property
- Knowledge of the commission of the crime may be established by circumstantial evidence
- 2 classes of accessories:
public officers who harbor, conceal or assist in the escape of the principal of any crime (not light felony) with abuse of his
public functions
private persons who harbor, conceal or assist in the escape of the author of the crime --- guilty of treason, parricide, murder,
or an attempt against the life of the president, or who is known to be habitually guilty of some other crime
Accomplice Accessory
* before or during the commission of the crime * subsequent thereto
* knows criminal design of the principal * knows the commission of the crime
* provides material/moral aid in an efficacious way but not in manner indispensable to the * acts in 3 ways specified in art 19
offense
* no exemption from liability * some are exempted under art 20 of the code
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- Accessories by profiting:
robbery or theft he knew the proceeds of robbery or theft, then he is a principal in the crime of fencing
if he were not charged with fencing in another information, then he is liable only as an accessory of the principals in the crime
of robbery or theft
Brigandage and he profited from the loot, he should be charged with abetting brigandage – an accomplice of brigandage.
Article 20 – Accessories are exempt from criminal liability, when the principal is his/her: (because such acts are prompted by affection)
spouse
ascendant
descendant
legitimate, natural or adopted brother, sister
relative by affinity within the same degree
- Accessory is not exempt from criminal liability even if the principal is related to him, if such accessory:
profited by the effects of the crime
assisted the offender to profit by the effects of the crime
* Because such acts are prompted not by affection but by a detestable greed
PENALTIES
Penalties in General
Penalty – suffering that is inflicted by the State for the transgression of a law
- signifies pain
- It means suffering undone
Article 21 – Penalties that may not be imposed --- are penalties not prescribed by law prior to its commission
- can only be invoked when a person is being tried for an act or omission for which no penalty has been prescribed by law
- This is not a penal provision
Article 22 – Retroactive effect of penal laws takes place when they favor the person guilty of a felony, who is not a habitual criminal
- This provision clearly has no direct application to the provisions of the RPC
- General rule is to give criminal laws prospective effect
- Exception to give them retroactive effect when favorable to the accused
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- Exception applies to a law dealing with that of the penalty, for the length of time for prescription depends upon gravity of the offense
- Art. 22, penal laws shall have retroactive effect insofar as they favor the person guilty of a felony is applicable even if the accused is
already serving sentence
- The favorable retroactive effect of a new law may find the defendant in one of these 3 situations:
the crime has been committed and prosecution begins
sentence has been passed but service has not begun
the sentence is being carried out
- Not applicable to civil liability, because the rights of offended persons or innocent third parties are not within the gift of arbitrary
disposal of the State
- but a new law increasing the civil liability cannot be given retroactive effect
- in order that a subsequent statute may be given retroactive effect, both laws must refer to same deed or omission, having the same end
- retroactive effect has no application where the new law is expressly made inapplicable to pending actions or existing cause of action
- rule are applicable even to special laws
Art. 366. Application of laws enacted prior to this Code Art. 22. Retroactive effect of penal laws
Without prejudice to the provisions contained in Art. 22 of this Code, Penal laws shall have retroactive effect insofar as they favor the person
felonies and misdemeanors committed prior to the date of guilty of a felony who is not a habitual criminal, although at the time of
effectiveness of this Code shall be punished in accordance with the publication of such laws a final sentence has been pronounced and the
Code or Acts in force at the time of their commission. convict is serving the same.
- Criminal liability under the former law is obliterated when the repeal is absolute (nor is there any saving clause)
- Exception: the offended party in the crimes of adultery and concubinage cannot institute criminal prosecution, if he shall have
consented or pardoned the offenders; (pardon here may be implied)
- and in crimes of seduction, abduction, rape or acts of lasciviousness, there shall be no criminal prosecution if the offender has been
expressly pardoned by the offended party, etc.; (pardon here must be express)
- 2 classes of injuries:
social injury produced by disturbance and alarm which are the outcome of the offense
repaired through the imposition of the corresponding penalty; offended party cannot pardon the offender
personal injury cause to the victim of the crime who suffered damage either to his person, property, honor or to her chastity
repaired through indemnity
offended party may waive it, and the waiver must be express
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fines and other corrective measures superior officials may impose upon their subordinates
deprivation of rights and reparations
- THEY ARE NOT PENALTIES BECAUSE THEY ARE NOT IMPOSED AS A RESULT OF JUDICIAL PROCEEDINGS
Classification of Penalties
- the penalties which may be imposed, according to this Code are those included in Art. 25 only
- reclusion perpetua – imprisonment for at least 30 years after which the convict become eligible for parole
- lifetime imprisonment – does not appear to have any definite extent or duration
- R.A. No. 7569 – duration of reclusion perpetua is now from 20 years and 1 day to 40 years
- R.A. No. 9346 – June 24, 2006, prohibited the imposition of death penalty
- penalties that are either principal or accessory because they are formed on the 2 general classes:
perpetual or temporary absolute disqualification
perpetual or temporary special disqualification
suspension
Article 26 – fine – when afflictive, correctional, or light penalty: (also relates to --- bond to keep the peace)
afflictive penalty over 6,000
correctional penalty 200 to 6,000
light penalty less than 200
- fines are whether imposed as a single or as an alternative penalty
- penalties cannot be imposed in the alternative
Take note: Temporary disqualification and suspension, when imposed as accessory penalties, have different durations --- they follow the duration
of the principal penalty
- Bond to keep peace is not specifically provided as a penalty for any felony and therefore cannot be imposed by the court
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- reason for rule no. 1 under Art. 24, arrest and temporary detention of the accused is not considered penalty
- if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rule imposed upon convicted prisoners
offenders who have gone preventive imprisonment shall be credited in the service of their sentence with the full time during which
they have undergone preventive imprisonment
* except:
when they are recidivists
when upon being summoned for the execution of their sentence they have failed to surrender voluntarily
- if the detention prisoner does not agree he shall be credited in the service of his sentence with 4/5 of the time during which he has
undergone preventive imprisonment
- the accused undergoes preventive imprisonment when the offense charged is nonbailable, or even if bailable, he cannot furnish the
required bail
- accused shall be released immediately whenever he has undergone preventive imprisonment for a period equal to or more than the
possible maximum imprisonment for the offense charged
- in case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after 30 days of preventive
imprisonment
Article 32 – Effects of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage:
deprivation of the right to vote or to be elected to any public office
cannot hold any public office during the period of disqualification
Article 33 – Effects of the penalties of suspension from any public office, profession, or calling, of the right of suffrage:
disqualification from holding such office or exercising such profession/calling/right of suffrage during the term of the sentence
if suspended from public office, offender cannot hold another office having similar functions during the period of suspension
- the bond to keep the peace (penalty in threats) is different from bail bond which is posted for the provisional release of a person
arrested for or accused of a crime
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o exception: when any or both such rights is or are expressly restored by the terms of the pardon
it shall not exempt the culprit from the payment of the civil indemnity (no exceptions)
- in cases of conviction costs which are expenses of litigation are chargeable to the accused only
- in cases of acquittal costs de oficio, each party bearing his own expenses
- no costs shall be allowed against the RP, unless otherwise provided by law
- payment of costs is upon the discretion of the courts
- Art. 38 is applicable in case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities; hence, if
the offender has sufficient property, there is no use for Art. 38
- subsidiary penalty it is a subsidiary personal liability to be suffered by the convict who has no property with which to meet the fine,
at the rate of 1 day for each 8 pesos
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reparation of the damage caused
indemnification of the consequential damages
costs of the proceedings
Article 40 – accessory penalties of death --- when not executed by reason of commutation or pardon:
perpetual absolute disqualification
civil interdiction for 30 years (if not expressly remitted in the pardon)
* there is perpetual special disqualification from suffrage, only when the duration of the imprisonment exceeds 18 months
Article 45 – Confiscation and forfeiture of the proceeds or instruments of the crime: (outline)
every penalty imposed carries with it the forfeiture of the proceeds of the crime and the instruments or tools used in the
commission of the crime
the proceeds and instruments or tools of the crime are confiscated and forfeited in favor of the government
property of a third person not liable for the offense, is not subject to confiscation an forfeiture
property not subject of lawful commerce (whether it belongs to the accused or to third person) shall be destroyed
Application of Penalties
Section 1 – Rules for the application of penalties to the persons criminally liable and for the graduation of the same
- exception: when the law fixes a penalty for frustrated or attempted felony
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- graduation of penalties by degree of stages of execution:
consummated
frustrated
attempted
- capital offense – is an offense under the law existing at the time of its commission and at the time of the application admitted to bail,
may be punished by death, although a lower penalty
- where the penalty of reclusion perpetua is imposed, in lieu of the death penalty, there is a need to perfect an appeal
- the records of all cases imposing death penalty, reclusion perpetua, or life imprisonment shall be forwarded by the Court of Appeals to
the Supreme Court for review
- COMPOUND CRIMES – are those committed when a single act results 2 or more grave or less grave felonies. The resultant light felony
shall be treated as a separate defense.
- basis is the singularity of the act
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- COMPLEX CRIMES PROPER – is a felony committed when one offense is necessary to commit another; this means that the first offense
is committed to insure and facilitate the commission of the next crime
Composite Complex
* the offenses comprised are fixed by law * the combination of the offenses are not specified but generalized,
* the penalty for the specified combinations of crimes is also specific that is grave and/or less grave; or one offense being the necessary
* the light felony resulting from the same act is treated separately means to commit the other
* the penalty is not specific but is for the most serious offense in the
maximum period
* the other felonies are absorbed
Article 49 – rules as to the penalty to be imposed upon the principals when the crime committed is different from that intended:
(only applied to felonies)
if penalty for the felony committed is higher than the intended lower penalty shall be imposed in its maximum period
if penalty for the felony committed is lower than intended lower penalty shall be imposed in its maximum period
if the acts also constitutes an attempt or frustration of another crime, and the law prescribes a higher penalty for either of the
latter the penalty for the attempted or frustrated crime shall be imposed in its maximum period
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Article 57 – penalty to be imposed upon accessories of an attempted crime
lower by 2 degrees than that prescribed by law for the attempt
* Bases for the determination of the extent of penalty to be imposed under the Revised Penal Code:
stage reached by the crime in its development (attempted, frustrated, consummated)
participations therein of the persons liable
aggravating or mitigating circumstances which attended the commission of the crime
Article 58 – public officers who help the author of a crime by misusing their office and duties shall suffer the additional penalties of:
absolute perpetual disqualification principal offender is guilty of a grave felony
absolute temporal disqualification principal offender is guilty of less grave felony
- this article applies only to public officers who abused their public functions
- impossible for accessories to be liable for light felonies
Article 59 –Penalty for impossible crime arresto mayor, or a fine ranging from 200 to 500 pesos
- Article 59 is only limited to those cases where the act performed would be grave felonies or less grave felonies
Article 60 – exceptions to the rules in Articles 50-57 provisions contained in Article 50 to 57 shall not apply to cases where the law expressly
prescribes the penalty for a frustrated or attempted felony or to be imposed upon accomplices or accessories
- Penalty for the act perpetrated is 1 degree lower instead of 2 degrees lower in the following crimes:
Article 162 knowingly using counterfeited seal or forged signature or stamp of the President
Article 168 illegal possession and use of a false treasury or bank note
Article 173 (3) using a falsified document
Article 173 (2) using a falsified dispatch
Section 2 – Rules for the application of penalties with regard to the mitigating and aggravating circumstances, and habitual delinquency
Article 61 – rules for GRADUATING PENALTIES are to be imposed upon persons guilty as principals of any frustrated or attempted felony, or as
accomplices or accessories:
SINGLE AND INDIVISIBLE PENALTY Penalty next lower in degree – immediately following that indivisible penalty in the
respective graduated scale
o example: reclusion perpetua reclusion temporal
2 INDIVISIBLE PENALTIES penalty next lower in degree – immediately following the lesser of the penalties described in the
respective graduated scale
o example: reclusion perpetua to death reclusion temporal
1 OR 2 INDIVISIBLE PENALTIES AND THE MAXIMUM PERIOD OF ANOTHER DIVISIBLE PENALTY penalty next lower in degree
– composed of the medium and minimum periods of the proper divisible penalty and the maximum period of that immediately
following in said respective graduated scale
o example: penalty for murder is reclusion temporal in its maximum to death
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o it consists of 2 indivisible penalties (death & reclusion perpetua) and 1 divisible penalty (reclusion temporal in its
maximum period)
o proper divisible penalty is reclusion temporal immediately following is prision mayor
SEVERAL PERIODS, CORRESPONDING TO DIFFERENT DIVISIBLE PENALTIES (at least 3 periods) penalty next lower in degree
– composed of the period immediately following the minimum prescribed and of the 2 next following
o example: penalty composed of several periods to different divisible penalties (prision mayor in its medium period to
reclusion temporal in its minimum period) period immediately following (prision mayor in its minimum period,
and 2 periods next following are the maximum and medium periods of prision correccional)
NOT SPECIALLY PROVIDED FOR IN THE 4 PROCEEDING RULES, (proceeding by analogy) shall impose the corresponding
penalties upon those guilty as principals of the frustrated felony, or of attempt to commit the same, and upon accomplices and
accessories
o example: penalty described for the felony (prision correccional in its minimum and medium periods) penalty next
lowers (arresto mayor in its medium and maximum periods)
* The penalty prescribed by the Code for a felony is a degree. If the penalty prescribed for a felony is one of the 3 periods of a
divisible penalty, that period becomes a degree, and the period immediately below is the penalty next lower in degree.
Article 62 – EFFECTS OF THE ATTENDANCE OF MITIGATING OR AGGRAVATING CIRCUMSTANCES AND OF HABITUAL DELINQUENCY:
par. 1 Aggravating circumstances are not to be taken into account when:
o they themselves constitute a crime (ex: by “means of fire” – arson)
o they are included by law in the definition of a crime
par. 2 The same rules apply when the aggravating circumstance is inherent in the crime
par. 3 Aggravating or mitigating circumstances which arising from any of the following affect only those to whom such
circumstances are attendant:
o from the moral attributes of the offender
o from his private relations with the offended party
o from any other personal cause
* serve to aggravate or mitigate the liability of the principals, accomplices, and accessories as to whom such
circumstances are attendant
par. 4 – the circumstances which consist of the following shall serve to aggravate and mitigate the liability only those who
had knowledge of them at the time of the commission of the offense:
o material execution of the act
o means employed to accomplish the crime
par. 5 – habitual delinquent is a person who within the period of 10 years from the date of his (last) release or last conviction
of the crimes of: (F R E T Se L)
o falsification
o robbery
o estafa
o theft
o serious or less serious physical injuries
* is found guilty of any of the said crimes a 3rd time or oftener
- 3rd conviction penalty provided by law for the last crime of which he be found guilty + prision correccional in its
medium and maximum periods (PC med-max)
- 4th conviction penalty provided by law for the last crime of which he be found guilty + prision mayor in its
minimum and medium periods (PM min-med)
- 5th or additional conviction penalty provided by law for the last crime of which he be found guilty + prision
mayor in its maximum period to reclusion temporal in its minimum period (PM max-RT min)
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TAKE NOTE: The total 2 penalties to be imposed must not exceed 30 years
- ORGANIZED/SYNDICATED CRIME GROUP – a group of 2 or more people collaborating, confederating, or mutually helping one another
for purposes of gain in the commission of the crime
- This article applies only when the penalty prescribed by the Code is either 1 divisible penalty or 2 divisible penalties
- GENERAL RULE When the penalty is composed of 2 indivisible penalties, the penalty cannot be lowered by one degree, no matter
how many mitigating circumstances are present.
- Exception In cases of privileged mitigating circumstances
Article 64 – RULES FOR APPLICATION OF PENALTIES WHICH CONTAIN 3 PERIODS (DIVISIBLE PENALTIES):
no aggravating and no mitigating circumstances medium period
one mitigating circumstance minimum period
one aggravating circumstance maximum period
mitigating (must be ordinary) and aggravating circumstance (must be generic or specific) offset each other and according to
relative weight
2 or more mitigating without any aggravating circumstance one degree lower
- This article applies only when the penalty has 3 periods because they are divisible
- Article 64 does not apply to: indivisible penalties, penalties prescribed by special laws, and fines
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o the heinousness of its perpetration
o the magnitude of its effects on the offender’s victims
- When the minimum of the fine is not fixed, court shall have the discretion, provided it does not exceed the amount authorized by law
Article 67 – Penalty to be imposed when not all the requisites of exemption of the 4th circumstance of Article 12 are present
- If the above conditions are not present, then the following penalties shall be imposed:
grave felony arresto mayor maximum to prision correccional minimum (AM max - PC min)
less grave felony arresto mayor minimum to arresto mayor medium (AM min - AM med)
- Article 68 applies to such minor if his application for suspension of sentence is disapproved or if while in the reformatory institution he
becomes incorrigible, in which case he shall be returned to the court for the imposition of the proper penalty
- The parents shall be liable for damages unless they prove that they exercised reasonable supervision over the child at the time the child
committed the offense and exerted reasonable effort and utmost diligence to prevent or discourage the child from committing another
offense
Article 69 – penalty to be imposed when the crime committed is not wholly excusable:
PENALTY LOWER BY 1 OR 2 DEGREES IF THE MAJORITY OF THE CONDITIONS FOR JUSTIFICATION OR EXEMPTION in the cases
provided in Articles 11 and 12 are present
- the court has the discretion to impose 1 or 2 degrees lower than that prescribed by law for the offense; but in determining the proper
period for the penalty 1 or 2 degrees lower, the court must consider the number and nature of the conditions of exemption or
justification present or lacking
- When the majority of the requisites of self-defense and two mitigating without aggravating circumstance are present, the penalty is
three degrees lower
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THREE-FOLD RULE:
maximum duration of the convict’s sentence must not be more than 3 times the length of the most severe penalty imposed
maximum duration must not exceed 40 years
SUBSIDIARY IMPRISONMENT this shall be excluded in computing for the maximum duration. The penalty for each crime must be the one to be
considered and not the totality. Must not be more than Prision Correcional
* The three-fold rule shall apply only when the convict is to serve 4 or more sentences successively
- 3 different systems of penalty (relative to the execution of 2 or more penalties imposed on one and the same accused):
material accumulation system – no limitation whatsoever, and accordingly, all the penalties for all the violations were imposed
even if they reached beyond the natural span of human life
juridical accumulation system – limited to not more than 3-fold the length of time corresponding to the most severe and in no
case to exceed 40 years
absorption system – the lesser penalties are absorbed by the greater penalties
Multiple death penalties – the sentencing of an accused to several capital penalties is an indelible badge of his extreme perversity
- Death shall no longer form part of the equation in the graduation of penalties, pursuant to Republic Act No. 9346
-The penalty next lower in degree from arresto mayor is destierro
- The metropolitan and municipal courts can impose destierro
- Article 70 Classification of penalties for the purpose of successive service of sentences, according to their severity:
Destierro is placed under arresto menor because destierro is considered lighter
“Severity”
- Article 71 Provides for scales which should be observed in graduating the penalties
Destierro is placed above arresto menor being classified as a correctional penalty
“Lower or higher”
Article 72 – when a person is found guilty of 2 or more offenses, the penalties shall be classified according to the chronological order of the dates
of the final judgment; and not on the commission of the offense
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Section 3 – Provision common to the last 2 preceding sections
- Under this article, the fine must have minimum and maximum
- The court cannot change the minimum of 200
- If the minimum is not fixed by law, it is left to the discretion of the court without exceeding the maximum authorized by law
Article 76 – legal period of duration of divisible penalties shall be considered as divided into 3 parts, forming 3 periods, the minimum, the
medium and the maximum
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Article 77– When the penalty is a complex one composed of 3 distinct penalties each one shall form a period
Lightest shall be the minimum; the next the medium; the most severe the maximum
- COMPLEX PENALTY – the penalty prescribed by law composed of 3 distinct penalties, each forming a period
General provisions
Article 78 – When and how a penalty is to be executed:
Only a penalty by final judgment can be executed
Judgment is final if the accused has not appealed within 15 days or he has expressly waived in writing that he will not appeal
There could be no subsidiary penalty if it was not expressly ordered in the judgment
Article 79 – Suspension of the execution and service of the penalties in case of insanity:
If the convict become insane or imbecile after the final sentence has been pronounced execution is suspended (personal
penalty)
If he recovers sentence has to be executed; unless the penalty has prescribed
If while serving his sentence he becomes insane or imbecile above provisions shall be observed
payment of civil or pecuniary liabilities shall not be suspended
Article 80 – Suspension of sentence of minor delinquents (as repealed by P.D. 603: Child and Youth Welfare Code)
A child 9 years of age or under at the time of the commission of the offense shall be exempt from criminal liability and shall
be committed to the care of his/her father/mother, or nearest relative or family friend on the discretion of the court and
subject to its supervision.
A child over 9 years and under 15 years at the time of the commission of the offense the same shall be done, unless he
acted with discernment in which case shall will be proceeded against in accordance with Article 92.
A youthful offender held for examination or trial who cannot furnish bail will be committed to the DSWD/local rehabilitation
center or detention home.
If the court finds that the youthful offender committed the crime charged against him, it shall determine the imposable penalty
and the civil liability charged against him, but it may not pronounce judgment or conviction. Instead, the court shall suspend all
further proceedings if, it finds that the best interest of the public and that of the offender will be served thereby
The youthful offender shall be returned to the court for the pronouncement of judgment, when the youthful offender:
o Has been found incorrigible, or
o Has willfully failed to comply with the conditions of his rehabilitation programs, or
o When his continued stay in the training institution would be inadvisable
When the youthful offender has reached the age of twenty one while in commitment, the court shall determine whether-
o To dismiss the case, if the youthful offender has behaved properly and has shown his capability to be a useful
member of the community; or
o To pronounce the judgment of conviction, if the conditions mentioned are not met
In the latter case, the convicted offender may apply for probation.
In any case, the youthful offender shall be credited in the service of his sentence with the full time spent in the actual
commitment and detention.
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The final release of a youthful offender based on good conduct as provided in Article 196 shall not obliterate his civil liability for
damages.
A minor who is already an adult at the time of his conviction is not entitled to a suspension of sentence.
The records of the proceeding shall be privileged and shall not be disclosed.
The civil liability of the youthful offender may be voluntarily assumed by a relative or a friend.
The parent or guardian of the child is liable when he aides, abets or connives for the commission of the crime or does an act
producing, promoting or contributing to the child’s being a juvenile delinquent.
Penalties for the parent/guardian: fine not exceeding 500 and/or imprisonment not exceeding 2 years.
- The court shall take into consideration the religion of such minor, his parents or next of kin
- the Director of Public Welfare, or his duly authorized representatives, shall submit to the court every 4 months a written report on the
good or bad conduct of said minor
- Suspension of proceedings may be extended or shortened by the court on the recommendation of the DPW
- If the minor has been committed to the custody or care of any institutions mentioned, such minor may be allowed to stay elsewhere
under the care of a responsible person
- If the minor has behaved properly and has complied with the conditions, he shall be returned to the court in order that the same may
order his final release
- If the minor fails to behave properly or to comply with the regulations of the institution, he shall be returned to the court in order
that the same may render the judgment corresponding to the crime committed by him
- The expenses for the maintenance of a minor delinquent:
Shall be borne by his parents/relatives or those persons liable to support him
If parent/relatives have not been ordered to pay:
municipality in which the offense was committed 1/3
province to which the municipality belongs 1/3
National Government 1/3
- Imposition of death penalty is recommendatory in the Regional Trial Court, and it needs the review and affirmation by the Supreme
Court of at least 8 by the magistrates
- The “court” which designated the date of execution is the trial court
Article 82 – Notification and execution of the sentence and assistance to the culprit
The court shall designate a working day, which shall not be communicated to the offender before the sunrise of said day
The execution shall not take place until after the expiration of at least 8 hours following such notification
During the interval between the notification and execution, the culprit shall be furnished such assistance
A convict sentenced to death may have the right to consult a lawyer and make a will
Article 85 – Provisions relative to the corpse of the person executed and it’s burial
Unless claimed by the family, the corpse of the culprit shall be turned over to the institute of learning or scientific research
Otherwise, the director of Prisons shall order burial of the body of the culprit at government expense
The burial should not the held with pomp
Article 86 – Penalties of Reclusion Perpetua, Reclusion Temporal, Prision Mayor, Prision Correccional and Arresto Mayor shall be executed and
served in the places and penal establishments provided by the Administrative Code in force
2. SERVICE OF SENTENCE
o crime is a debt, hence extinguished upon payment
o service does not extinguish civil liability
3. AMNESTY – is an act of the sovereign power granting oblivion or general pardon; it wipes all traces and vestiges of the crime
but does not extinguish civil liability
4. ABSOLUTE PARDON – an act of grace proceeding from the power entrusted with the execution of laws, which exempts the
individual from the punishment the law inflicts for the crime
5. by PRESCRIPTION OF CRIME – is the loss/forfeiture of the right of the state to prosecute the offender after the lapse of a
certain time
o note: When the crime prescribes, the state loses the right to execute.
o Crimes punishable by:
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Death, reclusion perpetua or reclusion temporal – 20 years
Afflictive penalties – 15 years
Correctional penalties – 10 years
Arresto Mayor - 5 years
o Crime of libel – 1 year
o Offenses of oral defamation and slander by deed – 6 months
o Light offenses – 2 months
* When the penalty is a compound one, the highest penalty shall be made the basis of the application of above
rules.
6. by PRESCRIPTION OF PENALTY – means the loss/forfeiture of the right of government to execute the final sentence after the
lapse of a certain time
- conditions:
o there must be a final judgment
o the period must have elapsed
- Prescriptive periods of penalties:
o death and reclusion perpetua – 20 years
o other afflictive penalties – 15 years
o correctional penalties – 10 years, except for the penalty of Arresto Mayor which prescribes in 5 years
o light penalties – 1 year
Amnesty Pardon
* extended to classes of persons who may be guilty of political * exercised individually by the President
offenses
* exercised even before trial or investigation * exercised when one is convicted
* looks backward and abolishes the offense itself * looks forward and relieves the offender of the consequences
* does not extinguish civil liability * does not extinguish civil liability (same)
* a public act that needs the declaration of the President with the * a private act of the President
concurrence of Congress
* courts should take judicial notice * must be pleaded and proved
- note:
In computing for the period, the first day is excluded and the last day included. Period is subject to leap years.
When the last day of the prescriptive period falls on a Sunday or a legal holiday, the information can no longer be filed the
following day.
Simple slander – 2 months; Grave slander – 6 months
Since destierro is a correctional penalty, it prescribes in 10 years.
If fine is an alternative penalty (imposed together with a penalty lower than fine), fine shall be the basis.
Prescription begins to run from the discovery thereof. It is interrupted when proceedings are instituted and shall begin to run
again when the proceedings are dismissed.
If an accused fails to move quash before pleading, he is deemed to have waived all objections, except if the grounds are:
o Facts charged do not constitute an offense
o Court has no jurisdiction
o Criminal action or liability has been extinguished
o The averments, if true, would constitute a legal excuse or justification
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Prescription does not take away the court’s jurisdiction but only absolves the defendant and acquits him.
- Article 91 applies to a special law when said law does not provide for the application but only provides for the period of prescription.
- Requisites:
1. Penalty is imposed by final sentence.
2. Convict evaded service of his sentence by escaping during the term of his sentence.
3. Convict has not given himself up, or been captured, or gone to a foreign country with which we have no extradition treaty, or
committed another crime.
4. Penalty has prescribed, because of the lapse of time from the date of the evasion of the service of the sentence.
- Conditional pardon – contract between the chief executive and the convicted criminal to the effect that the former will release the
latter subject to the condition that if he does not comply with the terms of the pardon, he will be recommitted to prison to serve the
unexpired portion of the sentence or an additional one.
- CANNOT BE SUBJECT TO JUDICIAL REVIEW. The determination of the violation of the conditional pardons rests exclusively in the sound
judgment of the chief executive.
* Note: convict shall not violate any of the penal laws of the Philippines
HABEAS CORPUS – lies only where the restraint of a person’s liberty has been adjudged as illegal or unlawful.
- Commutation – change in the decision of the court by the Chief Executive by:
reducing the degree of the penalty inflicted upon the convict
decreasing the length of the imprisonment or amount of fine
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*Allowed when:
person is over 70 years old
8 justices failed to reach a decision affirming the death penalty
*Public welfare is necessary in determining what shall be done and not the offender’s consent
-Good Conduct Allowance – are deductions from the term of the sentence for good behavior
- Parole – conditional release of an offender from a correctional institution after he has served the minimum of his prison sentence
– consists in the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty, without granting a
pardon, prescribing the terms upon which the sentence shall be suspended.
Years Allowance
first 2 years 5-20 days per month of good behavior
3rd to 5th years 8-23 days per month of good behavior
following years up to 10th year 10-25 days per month of good behavior
11th year and successive years 15-30 days per month of good behavior
*An appeal by the accused shall not deprive him of entitlement of the above allowances for good conduct.
*Granted by the Director if Prisons
- Note:
Allowance for good conduct not applicable when prisoner released under conditional pardon
Good conduct time allowance is given in consideration of good conduct of prisoner while he is serving sentence.
CIVIL LIABILITY
2 classes of injuries:
Social injury – produced by the disturbance and alarm which are the outcome of the offense
Personal injury – caused to the victim of the crime who may have suffered damage, either to his person, to his property, to his honor, or
to her chastity
Article 100 – Every person criminally liable for a felony is also civilly liable
- Note:
If there is no damage caused by the commission of the crime, offender is not civilly liable.
Dismissal of the information of the criminal action does not affect the right of the offended party to institute or continue the
civil action already instituted arising from the offense, because such dismissal does not carry with it the extinction of the civil
one.
When the accused is acquitted on the ground that his guilt has not been proven beyond reasonable doubt, a civil action for
damages for the same act or omission may be instituted.
Exemption from criminal liability in favor of an imbecile or insane person, and a person under 15 years, or over 15 but under
18 who acted without discernment and those acting under the impulse of irresistible force or under the impulse of an
uncontrollable fear of an equal or greater injury does not include exemption from civil liability.
Acquittal in the criminal action for negligence does not preclude the offended party from filing a civil action to recover
damages, based on the theory that the act is QUASI-DELICT.
When the court found the accused guilty of criminal negligence but failed to enter judgment of civil liability, the private
prosecutor has the right to appeal for the purposes of the civil liability of the accused. The appellate court may remand the case
to the trial court for the latter to include in its judgment the civil liability of the accused.
Before the expiration of the 15-day period to appeal, the trial court can amend the judgment of conviction by adding a
provision for the civil liability of the accused, even if the convict has started serving the sentence.
If the offender dies prior to the institution of the action or prior to the finality of the judgment, civil liability ex delito is
extinguished.
An independent civil action may be brought by the injured party during the pendency of the criminal case provided the right is
reserved. Reservation is necessary in the following cases:
o Any of the cases referred to in Article 32 (perpetual or temporary disqualification for exercise of the right of suffrage)
o Defamation, fraud or physical injury (bodily injury and not the crime of physical injury)
o Civil action is against a member of the city or municipal force for refusing or failing to render aid or protection to any
person in case of danger to life or property.
Civil liability ex delicto must be rooted in the court’s pronouncement of the guilt or innocence of the accused. In such cases,
extinction of the criminal action due to the death of the accused pending appeal inevitably signifies the concomitant extinction
of the civil liability
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- prejudicial question – one which arises in a case, the resolution of which is a logical antecedent of the issue involved in said case and
the cognizance of which pertains to another tribunal
- For the principle to apply, it is essential that there be 2 cases involved, a civil and a criminal case
- Prejudicial questions must be decided before any criminal prosecution may be instituted or may proceed
General Rule: Exemption from criminal liability does not include exemption from civil liability.
Exception: No civil liability in Art. 12, par. 4 and 7.
* par. 1, 2 ,3, 5 and 6, are not exempt from civil liability although exempt from criminal liability
Article 102 – Subsidiary civil liability of innkeepers, tavernkeepers, and proprietors of establishments:
- THERE SHOULD BE NO NEGLIGENCE ON THE PART OF THE TAVERNKEEPERS, INNKEEPERS, & PROPRIETORS OF ESTABLISHMENTS, THERE
SHOULD BE DUE DILIGENCE
PAR. 1 REQUISITES:
o the innkeeper, tavernkeeper, or proprietor of the establishment or his employee committed a violation of municipal
ordinance or some general or special police regulation
o a crime is committed in such establishment
o the person criminally liable is insolvent
* note: When all these a present, the innkeeper, tavernkeeper or any other person or corporation is subsidiarily liable for the
crime committed in his establishment
PAR. 2 REQUISITES:
o the guests notified in advance the innkeeper of the deposit of such goods within the inn or house
o the guests followed the directions of the innkeeper or his representative with respect to the care of and vigilance over
such goods
o such goods of the guests lodging therein were taken by robbery with force upon things or theft committed within the
inn or house
- Elements:
the employer, teacher, person or corporation is engaged in any kind of industry
any of their servants, pupils, workmen, apprentices or employees commits a felony while in the discharge of their duties
the said employee is insolvent and has not satisfied his civil liability
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- “Industry” – any department or branch of art, occupation, business; especially one which employs so much labor and capital and is a
distinct branch of trade
- Note:
Hospitals are not engaged in industry; hence they are not subsidiarily liable for acts of nurses.
Private persons without business or industry are not subsidiarily liable
A separate trial is not necessary to enforce the subsidiary liability of the offender. The judgment obligee only needs to file a
motion for subsidiary execution. During the hearing of the said motion, it is incumbent upon the movant to prove that:
o an employer-employee relationship exists
o the employer is engaged in an industry
o the convict committed the crime while in the discharge of his duties
o the writ of execution was returned unsatisfied
The employer’s subsidiary liability arises when it is proved that the convict committed the crime while at the service of the
employer and the writ of execution issued against the accused is returned unsatisfied. On the other hand, if the convict
committed the crime but not in the service of an employer and he cannot pay his civil liability, Article 39 on subsidiary penalty
will apply.
CIVIL LIABILITY OF A PERSON CONVICTED OF THE CRIME OF RAPE WHEN AN OFFSPRING RESULTS FROM THE RAPE
ART. 345 provide that persons guilty of rape, seduction or abduction shall be sentenced to:
1. Indemnify the offended woman
2. Acknowledge the offspring, unless the law should prevent him from doing so
3. In every case, support the offspring
*the crime of rape committed by the accused carries with it the obligations to acknowledge the offspring if the character of its origin does not
prevent it and support the same
Article 108 – Obligation to make restoration, reparation for damages, or indemnification for consequential damages devolves upon the heirs of
the person liable
- And the action to demand the same likewise descends to the heirs of the person injured
Article 109 – Share of each person civilly liable (if there are 2 or more persons) shall be determined by the court
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- SOLIDARY LIABILITY OF THE OFFENDERS
- It modifies the imposition of penalties under both RPC and Special Laws. The sentence must fix a minimum and a maximum period of penalty.
- It is indeterminate after the convict has served the minimum penalty when he becomes eligible for parole and his continued stay in prison
depends upon his conduct inside. The minimum must be served. When released the rest of his sentence must be under the supervision of the
parole officer.
- PURPOSE: to uplift and redeem valuable human material, prevent unnecessary and excessive deprivation of personal liberty and economic
usefulness.
ISLAW is not applicable:
Offenders who are:
1. Habitual delinquents
2. Escapees from confinement
3. Evaders of sentence
4. Violators of conditional pardon granted by the Chief Executive.
5. Persons convicted of offenses punished with Death Penalty or Life Imprisonment
6. Those convicted of treason, proposal or conspiracy to commit treason, misprision of treason, rebellion, espionage,
sedition and piracy
7. Those convicted of offenses punishable Reclusion Perpetua pursuant to Article 63 which provides that when the penalty
imposed is single and indivisible, the same shall be imposed without regard to any modifying circumstance
8. Those whose maximum term of imprisonment does not exceed one (1) year
9. Those already sentenced of final judgment at the time of the approval of this act
10. Those sentenced to the penalty of destierro or suspension
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The sentence must state: “within the range of (for instance) prision mayor as minimum and within the range of reclusion temporal as
maximum”. This is necessary because of the accessory penalties.
The maximum period is determined by considering the presence of modifying circumstances applying the rules in Article 64. Privilege
modifying circumstance must first be considered before applying the said rules.
The minimum is fixed at 1 degree lower than that provided by the Code
The minimum must be taken from any period of the penalty next lower in degree. The penalty next lower should be based on the
penalty prescribed by the code for the offense without first considering any modifying circumstances attendant to the commission of the
crime. The determination of the penalty is left by the law to the sound discretion of the court and it can be anywhere within the range of
the penalty into which it might be subdivided. The modifying circumstance are considered only in the imposition of the maximum term
of the indeterminate sentence
For complex crime – the penalty for the most serious offense shall be the basis for applying Indeterminate Sentence Law. The one
degree lower penalty should, conformably, with the penalty for the complex crime, be imposed in its maximum period
o Get 1 degree of penalty imposed
o Minimum from 1 degree lower --- period discretionary
o Apply rule on application / application of modifying circumstance
o Range: minimum of minimum and maximum of maximum
When crime is punished by a special law – The court shall sentence the accused to an indeterminate penalty, the maximum term of which shall not
exceed the maximum fixed by said law and the minimum term shall not be less than the minimum prescribed by the same.
When the crime is punished by the Code – the court shall sentence the accused to an indeterminate penalty, the maximum term of which shall be
that which, in view of the attending circumstances could be properly imposed under the rules of the RPC, and the minimum term of which shall be
within the range of the penalty next lower to that prescribed by the code for the offense.
- The penalty next lower must be based on the penalty prescribed by the Code for the offense, without considering in the meantime the
modifying circumstances, such as, mitigating or aggravating circumstances.
- The modifying circumstances shall be considered only in the imposition of the maximum term of the offender’s sentence
- For the crime of grave threats – punishable with a penalty next lower by two degrees than that prescribed by law
- EXCEPTION: If there is a Privileged Mitigating Circumstance, the penalty next lower in degree should be the starting point for
determining the MINIMUM of the indeterminate penalty.
- When accused is guilty of a COMPLEX CRIME: the penalty immediately lower is the next below the penalty provided for the gravest
crime
- When there is INCOMPLETE SELF-DEFENSE, without any ordinary mitigating or aggravating circumstance: reduce penalty by two
degrees
- When there is INCOMPLETE SELF-DEFENSE, with two (2) ordinary mitigating circumstances and no aggravating circumstance: reduce
the penalty by three (3) degrees
- Not applied when it is unfavorable to the accused
PROBATION LAW
- Probation is a special privilege granted by the State to qualify offender. It essentially rejects appeals and encourages an otherwise eligible convict
to immediately admit his liability and save the time, effort, and expenses to jettison an appeal.
- Exception: R.A. No. 9344
- The grant of probation rests primarily upon the discretion of the court which is to be exercised primarily for the benefit of the society as a whole
and only incidentally for the benefit of the accused
- Probation is a mere privilege, not a right. Its benefits cannot extend to those expressly excluded and it is an act of grace and clemency or
immunity conferred by the state which may be granted by the court to a seemingly deserving defendant who thereby escapes the extreme rigors of
the penalty imposed by law for the offense.
Objectives:
To promote correction and rehabilitation of offender by giving him individualized treatment (positivist theory).
To provide better opportunity for the offender to reform.
To prevent further commission of crimes as he is placed under the supervision of a probation officer.
To decongest the jails.
The save the government much needed funds which would be spent on maintaining him inside the jail.
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- The application must be filed within the PERIOD FOR PERFECTING APPEAL as prescribed in section 4. Prevailing jurisprudence treats appeal and
probation as mutually exclusive remedies.
Disqualified offenders:
1. Sentenced to a maximum term of more than 6 years (probation penalty is 6 years and below)
2. Convicted of subversion or any crime against national security or public order
3. Previously convicted by final judgment of offense punishable by imprisonment of not less than 1month and 1 day and/or a fine of not
less than 200 pesos
4. Who have been once on probation under the provisions of this Decree
5. Who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof
TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR PERIODS
Time included in the Time included in its Time included in its Time included in its
Penalties
penalty in its entirety MINIMUM period MEDIUM period MAXIMUM period
12 years & 1 day - 14 years 14 years, 8 months & 1 17 years, 4 months & 1 day
Reclusion Temporal 12 years & 1day - 20 years
& 8 months day - 17 years & 4 months - 20 years
Prision Mayor
Absolute disqualification
6 years & 1 day - 12 years 6 years &1 day - 8 years 8 years & 1 day - 10 years 10 years & 1 day - 12 years
Temporary
disqualification
Prision Correccional
6months & 1 day - 2 years 2 years, 4 months & 1 day 4 years, 2 months & 1 day
Suspension 6 months & 1 day - 6 years
& 4 months – 4 years and 2 months - 6 years
Destierro
1 month & 1 day - 6 2 months & 1 day - 4 4 months & 1 day - 6
Arresto Mayor 1 month - 2 months
months months months
Arresto Menor 1 - 30 days 1 - 10 days 11 - 20 days 21 - 30 days
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