Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
State of necessity – this is the commission of a Diminished self control has two criteria:
crime to avoid an imminent and clear present 1) Time has lapsed after the provocation
danger. was initially given (ex. A guy was
insulted at this moment, and retaliated
Fulfillment of duty – this is the commission of back after 24 hours. Giving him enough
the crime in line of duty, and there are 2 time to think of his actions)
conditions: 2) If there is that time element and at the
1) The felony was committed while the same time, facts are given indicating
offender was in the fulfillment of a that at the time the offender
duty or in the lawful exercise of a right committed the crime, he is still
or office; and suffering from outrage of the threat or
2) The resulting felony is the unavoidable provocation done to him, then he will
consequence of the due fulfillment of still get the benefit of this mitigating
the duty or the lawful exercise of the circumstance.
right or office
Vindication of a grave offense, the vindication
Exempting Circumstances: need not be done by the person upon whom the
The reason for the exemption lies on the grave offense was committed.
involuntariness of the act – one or some of the Passion or obfuscation – this stands on the
ingredients of voluntariness such as criminal premise or proposition that the offender is
intent, intelligence, or freedom of action on the suffering from a diminished self-control because
part of the offender is missing. of passion or obfuscation. Passion must be
legitimate.
This includes:
1) Imbecility and insanity – take note on This occurs when an assault on spouse or loved
the grounds of insanity the accused one is prominent, and because of a jealous
acted with complete deprivation of outbreak you end up killing the person
intelligence in committing the crime assaulting your spouse or loved-one.
and test of volition, whether the
accused acted in total deprivation of Physical defect is another mitigating
freedom of will. circumstance. Regardless of any physical defect
2) Minority a person may still commit a crime as the other
parts of the body are fully functioning and could
“Damnum absque injuria” – the offender is still commence the crime. Blind, and invalid are
exempt from criminal liability but of civil not exempted. Some parts of their body are still
liability as well. working.
Accessories who are exempt from Criminal : This is in connection to the pardoning of the
Liability are your relatives, siblings, spouses. President to the accused. Usually in the case of
rape, unless the person is forgiven by the
Punishments given for Grave Felonies: victim, then the offender is not pardoned. The
1) Reclusion perpetua difference between amnesty and pardon lies
2) Reclusion temporal between the erasure of the conviction and the
3) Perpetual or temporary disqualification crime itself. Pardon, excuses the convict from
4) Perpetual or special disqualification serving the sentence.
5) Prision mayor Ex: Suppose, instead of amnesty, what was
given was absolute pardon, then years later, the
Correctional penalties: offender was again captured and charged for
1) Prision correccional rebellion, he was convicted, is he a recidivist?
2) Arresto mayor
3) Suspension A: Yes, he is.
4) Destierro
Pardon, although absolute, does not erase the
Light penalties effects of conviction. It only excuses the
1) Arresto menor accused from serving his sentence.
2) Public censure
In the case at bar, the accused was awarded or
Penalties common to the three preceding given pardon, not amnesty, which erases not
classes: only the conviction but also the crime itself. He
1) Fine and then commits a crime of rebellion, thereby
2) Bond to keep the peace. making him a recidivist.
Art. 42. Prision mayor; Its accessory Art. 48. Penalty for complex crimes. — When a
penalties. — The penalty of prision mayor, single act constitutes two or more grave or
shall carry with it that of temporary absolute less grave felonies, or when an offense is a
disqualification and that of perpetual special necessary means for committing the other,
disqualification from the right of suffrage the penalty for the most serious crime shall be
which the offender shall suffer although imposed, the same to be applied in its
pardoned as to the principal penalty, unless maximum period.
the same shall have been expressly remitted
in the pardon. : This is when a single act, becomes a crime.
Ex: In the intention of keeping the peace, a
Art. 43. Prision correccional; Its accessory police, fires a gun towards a robber, but since
penalties. — The penalty of prision the bullet did a projectile hitting another
correccional shall carry with it that of bystander thereby killing two people. Was there
suspension from public office, from the right a complex crime committed?
to follow a profession or calling, and that of
perpetual special disqualification from the A: Yes, there was.
right of suffrage, if the duration of said
imprisonment shall exceed eighteen months. Complex crime is defined as a single act that
The offender shall suffer the disqualification constitutes two or more grave or less grave
provided in the article although pardoned as felonies.
to the principal penalty, unless the same shall
have been expressly remitted in the pardon. In the given case at bar, the police in the
intention of keeping the peace, although he
Art. 44. Arresto; Its accessory penalties. — fired the gun at the robber, the bullet did a
The penalty of arresto shall carry with it that projectile which hits a bystander, thus killing
of suspension of the right too hold office and them both.
Thus, the police committed a complex crime. Art. 55. Penalty to be imposed upon
accessories of a frustrated crime. — The
Art. 49. Penalty to be imposed upon the penalty lower by two degrees than that
principals when the crime committed is prescribed by law for the frustrated felony
different from that intended. — In cases in shall be imposed upon the accessories to the
which the felony committed is different from commission of a frustrated felony.
that which the offender intended to commit,
the following rules shall be observed: Art. 56. Penalty to be imposed upon
1. If the penalty prescribed for the felony accomplices in an attempted crime. — The
committed be higher than that corresponding penalty next lower in degree than that
to the offense which the accused intended to prescribed by law for an attempt to commit a
commit, the penalty corresponding to the felony shall be imposed upon the accomplices
latter shall be imposed in its maximum period. in an attempt to commit the felony.
2. If the penalty prescribed for the felony
committed be lower than that corresponding Art. 57. Penalty to be imposed upon
to the one which the accused intended to accessories of an attempted crime. — The
commit, the penalty for the former shall be penalty lower by two degrees than that
imposed in its maximum period. prescribed by law for the attempted felony
3. The rule established by the next preceding shall be imposed upon the accessories to the
paragraph shall not be applicable if the acts attempt to commit a felony.
committed by the guilty person shall also
constitute an attempt or frustration of Art. 58. Additional penalty to be imposed
another crime, if the law prescribes a higher upon certain accessories. — Those accessories
penalty for either of the latter offenses, in falling within the terms of paragraphs 3 of
which case the penalty provided for the Article 19 of this Code who should act with
attempted or the frustrated crime shall be abuse of their public functions, shall suffer
imposed in its maximum period. the additional penalty of absolute perpetual
disqualification if the principal offender shall
: This is to be imposed on the principal criminal be guilty of a grave felony, and that of
regardless of praeter intentionem (or the crime absolute temporary disqualification if he shall
committed is different from what was be guilty of a less grave felony.
intended), the maximum is to be imposed.
Art. 59. Penalty to be imposed in case of
Art. 50. Penalty to be imposed upon principals failure to commit the crime because the
of a frustrated crime. — The penalty next means employed or the aims sought are
lower in degree than that prescribed by law impossible. — When the person intending to
for the consummated felony shall be imposed commit an offense has already performed the
upon the principal in a frustrated felony. acts for the execution of the same but
nevertheless the crime was not produced by
: Referring to the graduated scale of penalties, reason of the fact that the act intended was
the penalty to be given in frustrated crime is by its nature one of impossible
the next lower in degree. accomplishment or because the means
Ex: A crime of frustrated rape is committed. employed by such person are essentially
Rape is usually punishable with Reclusion inadequate to produce the result desired by
perpetua, but in the case of frustrated rape the him, the court, having in mind the social
next lower degree punishment will be imposed danger and the degree of criminality shown by
which is Reclusion temporal. the offender, shall impose upon him the
penalty of arresto mayor or a fine from 200 to
Art 51. Penalty to be imposed upon principals 500 pesos.
of attempted crimes. — A penalty lower by
two degrees than that prescribed by law for : This is with connection to impossible crime,
the consummated felony shall be imposed where the crime committed and its way of
upon the principals in an attempt to commit a commission is so impossible.
felony. Ex: A brother, on the intent of killing his
brother, bought a poison for his brother’s food.
: This punishment say for example is to be But the pharmacist gave him cheese flavor
imposed on attempted rape, then two (2) powder instead, which did not kill his brother.
degrees lower which is Prision mayor. Was an impossible crime committed or not?
Art. 52. Penalty to be imposed upon A: Yes, there was an impossible crime
accomplices in consummated crime. — The committed.
penalty next lower in degree than that
prescribed by law for the consummated shall An impossible crime is a commencement of a
be imposed upon the accomplices in the crime that the means of committing it is so
commission of a consummated felony. impossible that even with the intent of killing
the person did not affect the person instead.
Art. 53. Penalty to be imposed upon
accessories to the commission of a In the case at bar, the brother with an intention
consummated felony. — The penalty lower by on killing his brother bought poison, but instead
two degrees than that prescribed by law for was given cheese powder thereby not killing
the consummated felony shall be imposed him.
upon the accessories to the commission of a
consummated felony. Art. 60. Exception to the rules established in
Articles 50 to 57. — The provisions contained
Art. 54. Penalty to imposed upon accomplices in Articles 50 to 57, inclusive, of this Code
in a frustrated crime. — The penalty next shall not be applicable to cases in which the
lower in degree than prescribed by law for the law expressly prescribes the penalty provided
frustrated felony shall be imposed upon the for a frustrated or attempted felony, or to be
accomplices in the commission of a frustrated imposed upon accomplices or accessories.
felony.
Art. 61. Rules for graduating penalties. — For
the purpose of graduating the penalties
which, according to the provisions of Articles persons only who had knowledge of them at
50 to 57, inclusive, of this Code, are to be the time of the execution of the act or their
imposed upon persons guilty as principals of cooperation therein.
any frustrated or attempted felony, or as 5. Habitual delinquency shall have the
accomplices or accessories, the following rules following effects:
shall be observed:
1. When the penalty prescribed for the felony (a) Upon a third conviction the culprit shall be
is single and indivisible, the penalty next sentenced to the penalty provided by law for
lower in degrees shall be that immediately the last crime of which he be found guilty and
following that indivisible penalty in the to the additional penalty of prision
respective graduated scale prescribed in correccional in its medium and maximum
Article 71 of this Code. periods;
2. When the penalty prescribed for the crime (b) Upon a fourth conviction, the culprit shall
is composed of two indivisible penalties, or of be sentenced to the penalty provided for the
one or more divisible penalties to be impose last crime of which he be found guilty and to
to their full extent, the penalty next lower in the additional penalty of prision mayor in its
degree shall be that immediately following the minimum and medium periods; and
lesser of the penalties prescribed in the (c) Upon a fifth or additional conviction, the
respective graduated scale. culprit shall be sentenced to the penalty
3. When the penalty prescribed for the crime provided for the last crime of which he be
is composed of one or two indivisible penalties found guilty and to the additional penalty of
and the maximum period of another divisible prision mayor in its maximum period to
penalty, the penalty next lower in degree reclusion temporal in its minimum period.
shall be composed of the medium and Notwithstanding the provisions of this article,
minimum periods of the proper divisible the total of the two penalties to be imposed
penalty and the maximum periods of the upon the offender, in conformity herewith,
proper divisible penalty and the maximum shall in no case exceed 30 years.
period of that immediately following in said For the purpose of this article, a person shall
respective graduated scale. be deemed to be habitual delinquent, is
4. when the penalty prescribed for the crime within a period of ten years from the date of
is composed of several periods, corresponding his release or last conviction of the crimes of
to different divisible penalties, the penalty serious or less serious physical injuries, robo,
next lower in degree shall be composed of the hurto, estafa or falsification, he is found guilty
period immediately following the minimum of any of said crimes a third time or oftener.
prescribed and of the two next following,
which shall be taken from the penalty : This article pertains to when the aggravating
prescribed, if possible; otherwise from the circumstance is offset by mitigating
penalty immediately following in the above circumstance and thus the computation is either
mentioned respective graduated scale. commuted or reduced. This is in the case of
5. When the law prescribes a penalty for a serious physical injury, robbery, estafa,
crime in some manner not especially provided homicide and this is referred to recidivists or
for in the four preceding rules, the courts, repeat offenders or habitual delinquents.
proceeding by analogy, shall impose
corresponding penalties upon those guilty as Art. 63. Rules for the application of
principals of the frustrated felony, or of indivisible penalties. — In all cases in which
attempt to commit the same, and upon the law prescribes a single indivisible penalty,
accomplices and accessories. it shall be applied by the courts regardless of
any mitigating or aggravating circumstances
: This is in connection to the penalties once the that may have attended the commission of the
scale has graduated. Either the years get added deed.
or subtracted. In all cases in which the law prescribes a
penalty composed of two indivisible penalties,
Art. 62. Effect of the attendance of mitigating the following rules shall be observed in the
or aggravating circumstances and of habitual application thereof:
delinquency. — Mitigating or aggravating 1. When in the commission of the deed there
circumstances and habitual delinquency shall is present only one aggravating circumstance,
be taken into account for the purpose of the greater penalty shall be applied.
diminishing or increasing the penalty in
conformity with the following rules: : If the crime committed is in the aggravating
1. Aggravating circumstances which in circumstance, the greater penalty is given, this
themselves constitute a crime specially includes:
punishable by law or which are included by 1) Reclusion perpetua
the law in defining a crime and prescribing the 2) Reclusion temporal
penalty therefor shall not be taken into
account for the purpose of increasing the 2. When there are neither mitigating nor
penalty. aggravating circumstances and there is no
2. The same rule shall apply with respect to aggravating circumstance, the lesser penalty
any aggravating circumstance inherent in the shall be applied.
crime to such a degree that it must of
necessity accompany the commission thereof. : If both the mitigating and aggravating are
3. Aggravating or mitigating circumstances missing in the element of the crime, a lesser
which arise from the moral attributes of the penalty shall be applied. This pertains to:
offender, or from his private relations with 1) Prision mayor
the offended party, or from any other 2) Arresto mayor
personal cause, shall only serve to aggravate 3) Arresto menor
or mitigate the liability of the principals,
accomplices and accessories as to whom such 3. When the commission of the act is attended
circumstances are attendant. by some mitigating circumstances and there is
4. The circumstances which consist in the no aggravating circumstance, the lesser
material execution of the act, or in the means penalty shall be applied.
employed to accomplish it, shall serve to
aggravate or mitigate the liability of those
: This is in the presence of a mitigating shall not impose a greater penalty than that
circumstance but no aggravating, a lesser prescribed by law, in its maximum period.
penalty is to be administered.
: Death may not be imposed regardless of how
4. When both mitigating and aggravating aggravating the circumstances are.
circumstances attended the commission of the
act, the court shall reasonably allow them to 7. Within the limits of each period, the court
offset one another in consideration of their shall determine the extent of the penalty
number and importance, for the purpose of according to the number and nature of the
applying the penalty in accordance with the aggravating and mitigating circumstances and
preceding rules, according to the result of the greater and lesser extent of the evil
such compensation. produced by the crime.
: This is in the case where both are present, : This is in favor of the gravity of the crime
then one can offset the other by either reducing commenced by the offender.
the number of years.
Art. 65. Rule in cases in which the penalty is
Art. 64. Rules for the application of penalties not composed of three periods. — In cases in
which contain three periods. — In cases in which the penalty prescribed by law is not
which the penalties prescribed by law contain composed of three periods, the courts shall
three periods, whether it be a single divisible apply the rules contained in the foregoing
penalty or composed of three different articles, dividing into three equal portions of
penalties, each one of which forms a period in time included in the penalty prescribed, and
accordance with the provisions of Articles 76 forming one period of each of the three
and 77, the court shall observe for the portions.
application of the penalty the following rules,
according to whether there are or are not : Instead of doing three (3) separate periods of
mitigating or aggravating circumstances: penalty, it will be done consecutively at the
1. When there are neither aggravating nor same time.
mitigating circumstances, they shall impose
the penalty prescribed by law in its medium Art. 66. Imposition of fines. — In imposing
period. fines the courts may fix any amount within
the limits established by law; in fixing the
: This is in case neither the aggravating nor amount in each case attention shall be given,
mitigating is present, the medium penalty is not only to the mitigating and aggravating
given. circumstances, but more particularly to the
wealth or means of the culprit.
2. When only a mitigating circumstances is
present in the commission of the act, they : Fines that could be accommodated by the
shall impose the penalty in its minimum wealth or means of the culprit are to be
period. adjusted in case he/she may not be able to pay.
This is to be determined by the courts.
: In this case, the minimum period (it may be
arresto menor or bond) that will be given as Art. 67. Penalty to be imposed when not all
punishment to the accused. the requisites of exemption of the fourth
circumstance of Article 12 are present.—
3. When an aggravating circumstance is When all the conditions required in
present in the commission of the act, they circumstances Number 4 of Article 12 of this
shall impose the penalty in its maximum Code to exempt from criminal liability are not
period. present, the penalty of arresto mayor in its
maximum period to prision correccional in its
: Granting in this case that an aggravating minimum period shall be imposed upon the
circumstance was present in the commission of culprit if he shall have been guilty of a grave
the crime, maximum is to be implemented: felony, and arresto mayor in its minimum and
Reclusion perpetua. medium periods, if of a less grave felony.
4. When both mitigating and aggravating : This is to be given on the case of any person
circumstances are present, the court shall who, while performing a lawful act with due
reasonably offset those of one class against care, causes an injury by mere accident without
the other according to their relative weight. fault or intention of causing it, as provided by
the Penal Code, under paragraph 4 of Art. 12,
: In the case at bar, one may offset the other then the maximum period of arresto mayor to
granting that both the mitigating and the minimum period of prision correccional is to
aggravating is present in the commencement of be imposed.
the crime.
Art. 68. Penalty to be imposed upon a person
5. When there are two or more mitigating under eighteen years of age. — When the
circumstances and no aggravating offender is a minor under eighteen years and
circumstances are present, the court shall his case is one coming under the provisions of
impose the penalty next lower to that the paragraphs next to the last of Article 80 of
prescribed by law, in the period that it may this Code, the following rules shall be
deem applicable, according to the number and observed:
nature of such circumstances. 1. Upon a person under fifteen but over nine
years of age, who is not exempted from
: In the case where there two or more liability by reason of the court having declared
mitigating circumstances but no aggravating that he acted with discernment, a
present, the court shall impose a lower penalty discretionary penalty shall be imposed, but
than that prescribed by law. always lower by two degrees at least than that
prescribed by law for the crime which he
6. Whatever may be the number and nature of committed.
the aggravating circumstances, the courts 2. Upon a person over fifteen and under
eighteen years of age the penalty next lower
than that prescribed by law shall be imposed, perpetua for each crime he has committed. If
but always in the proper period. you were the judge presiding over the case, how
would you decide over how he should serve his
: This is in connection to offenders who are sentence?
minors, but upon reaching 18 may be tried as an
adult. A: Following the three-fold rule though he has
committed three distinct crimes of different
Art. 69. Penalty to be imposed when the crime titles, the man should be serving the maximum
committed is not wholly excusable. — A sentence of Reclusion perpetua or 20 years and
penalty lower by one or two degrees than that 1 day to 40 years. Instead of adding all three
prescribed by law shall be imposed if the deed which are punishable with Reclusion perpetua
is not wholly excusable by reason of the lack which equals 120 years, it will be reduced to 40
of some of the conditions required to justify years instead.
the same or to exempt from criminal liability
in the several cases mentioned in Article 11 Art. 71. Graduated scales. — In the case in
and 12, provided that the majority of such which the law prescribed a penalty lower or
conditions be present. The courts shall impose higher by one or more degrees than another
the penalty in the period which may be given penalty, the rules prescribed in Article
deemed proper, in view of the number and 61 shall be observed in graduating such
nature of the conditions of exemption present penalty.
or lacking. The lower or higher penalty shall be taken
from the graduated scale in which is
: With connection to Justifying Circumstances comprised the given penalty.
and Circumstances which exempt from criminal The courts, in applying such lower or higher
liability, the penalty is either one or two degree penalty, shall observe the following graduated
lower, and may be imposed only in the number scales:
and nature of the conditions of exemption SCALE NO. 1
present or lacking. 1. Death,
2. Reclusion perpetua,
Art. 70. Successive service of sentence. — 3. Reclusion temporal,
When the culprit has to serve two or more 4. Prision mayor,
penalties, he shall serve them simultaneously 5. Prision correccional,
if the nature of the penalties will so permit 6. Arresto mayor,
otherwise, the following rules shall be 7. Destierro,
observed: 8. Arresto menor,
In the imposition of the penalties, the order of 9. Public censure,
their respective severity shall be followed so 10. Fine.
that they may be executed successively or as
nearly as may be possible, should a pardon SCALE NO. 2
have been granted as to the penalty or 1. Perpetual absolute disqualification,
penalties first imposed, or should they have 2. Temporal absolute disqualification
been served out. 3. Suspension from public office, the right to
For the purpose of applying the provisions of vote and be
the next preceding paragraph the respective voted for, the right to follow a profession or
severity of the penalties shall be determined calling,
in accordance with the following scale: 4. Public censure,
1. Death, 5. Fine.
2. Reclusion perpetua,
3. Reclusion temporal, : The abovementioned scales of penalty shall be
4. Prision mayor, followed when imposing the punishment on the
5. Prision correccional,chan robles virtual law accused.
library
6. Arresto mayor, Art. 72. Preference in the payment of the civil
7. Arresto menor, liabilities. — The civil liabilities of a person
8. Destierro, found guilty of two or more offenses shall be
9. Perpetual absolute disqualification, satisfied by following the chronological order
10 Temporal absolute disqualification. of the dates of the judgments rendered
11. Suspension from public office, the right to against him, beginning with the first in order
vote and be voted for, the right to follow a of time.
profession or calling, and
12. Public censure. : This refers to the payment and civil liability of
Notwithstanding the provisions of the rule an individual as to when he or she should pay for
next preceding, the maximum duration of the such liability beginning with the first.
convict's sentence shall not be more than
three-fold the length of time corresponding to Art. 73. Presumption in regard to the
the most severe of the penalties imposed imposition of accessory penalties. —
upon him. No other penalty to which he may Whenever the courts shall impose a penalty
be liable shall be inflicted after the sum total which, by provision of law, carries with it
of those imposed equals the same maximum other penalties, according to the provisions of
period. Articles 40, 41, 42, 43 and 44 of this Code, it
Such maximum period shall in no case exceed must be understood that the accessory
forty years. penalties are also imposed upon the convict.
In applying the provisions of this rule the
duration of perpetual penalties (pena : The provisions of Art. 40, 41, 42, 43 and 44
perpetua) shall be computed at thirty years. shall also be imposed on the convict who has
been accessory to the crime.
: The best rule for this article is the three-fold
rule, where instead of serving three sentences Art. 74. Penalty higher than reclusion
at different periods, they all get served at the perpetua in certain cases. — In cases in which
same period at the maximum period possible. the law prescribes a penalty higher than
Ex: A man committing robbery, with kidnapping another given penalty, without specially
and murder has been sentenced to Reclusion designating the name of the former, if such
higher penalty should be that of death, the one shall form a period; the lightest of them
same penalty and the accessory penalties of shall be the minimum the next the medium,
Article 40, shall be considered as the next and the most severe the maximum period.
higher penalty. Whenever the penalty prescribed does not
have one of the forms specially provided for in
: Since the Death penalty has been abolished, this Code, the periods shall be distributed,
the next higher penalty next to Reclusion applying by analogy the prescribed rules.
perpetua, which in this case may be life
imprisonment (although we do not say so), is : If the crime prescribes three (3) distinct
next the next possible punishment or the penalties, each will form one period: minimum,
application of the three-fold rule. medium and maximum. From the lightest to the
most severe punishment to be imposed on the
Art. 75. Increasing or reducing the penalty of accused.
fine by one or more degrees. — Whenever it
may be necessary to increase or reduce the Art. 78. When and how a penalty is to be
penalty of fine by one or more degrees, it executed. — No penalty shall be executed
shall be increased or reduced, respectively, except by virtue of a final judgment.
for each degree, by one-fourth of the A penalty shall not be executed in any other
maximum amount prescribed by law, without form than that prescribed by law, nor with
however, changing the minimum. any other circumstances or incidents than
The same rules shall be observed with regard those expressly authorized thereby.
of fines that do not consist of a fixed amount, In addition to the provisions of the law, the
but are made proportional. special regulations prescribed for the
government of the institutions in which the
: Depending on the degree of the crime, is the penalties are to be suffered shall be observed
basis of how the fine must be paid. with regard to the character of the work to be
performed, the time of its performance, and
Art. 76. Legal period of duration of divisible other incidents connected therewith, the
penalties. — The legal period of duration of relations of the convicts among themselves
divisible penalties shall be considered as and other persons, the relief which they may
divided into three parts, forming three receive, and their diet.
periods, the minimum, the medium, and the The regulations shall make provision for the
maximum in the manner shown in the separation of the sexes in different
following table: institutions, or at least into different
departments and also for the correction and
Penalties RT PM, PC, AM Am reform of the convicts.
AD, S, D
SD : The penalty is to be imposed once final
Entirety 12 6 yrs 6 1 1-30 judgment has been served to the accused.
yrs & 1 mos. mon days
& 1 day & 1 th & Art. 79. Suspension of the execution and
day – 12 day 1 service of the penalties in case of insanity. —
– 20 yrs – 6 day When a convict shall become insane or an
yrs. yrs – 6 imbecile after final sentence has been
mos. pronounced, the execution of said sentence
Minimum 12 6 yrs 6 1-2 1-10 shall be suspended only with regard to the
yrs & 1 mos. mos. days personal penalty, the provisions of the second
& 1 day & 1 paragraph of circumstance number 1 of Article
day – 8 day 12 being observed in the corresponding cases.
– 14 yrs – 2 If at any time the convict shall recover his
yrs yrs reason, his sentence shall be executed, unless
& 8 & 4 the penalty shall have prescribed in
mos. mos. accordance with the provisions of this Code.
Medium 14 8 yrs 2 2 11- The respective provisions of this section shall
yrs & 1 yrs, mos. 20 also be observed if the insanity or imbecility
& 8 day 4 & 1 days occurs while the convict is serving his
mos. – 10 mos. day sentence.
– 17 yrs & 1 – 4
yrs, day mos. : If during the entirety of the sentence, an
4 – 4 accused becomes insane or an imbecile, his
mos. yrs sentence will be commuted, and should his
& 2 sanity regain, will his sentence resume. Only in
mos. these special cases will the sentence be
Maximum 17 10 4 4 21- commuted.
yrs, yrs yrs, mos. 30
4 & 1 2 & 1 days Art. 80. Suspension of sentence of minor
mos. day mos. day delinquents. — Whenever a minor of either
& 1 – 12 & 1 – 6 sex, under sixteen years of age at the date of
day yrs day mos. the commission of a grave or less grave
– 20 – 6 felony, is accused thereof, the court, after
yrs. yrs. hearing the evidence in the proper
proceedings, instead of pronouncing judgment
RT–Reclusion Temporal PC–Prision Correccional of conviction, shall suspend all further
PM – Prision Mayor S -Suspension proceedings and shall commit such minor to
AD – Absolute Disqualification D - Destierro the custody or care of a public or private,
SD – Special Disqualification AM – Arresto Mayor benevolent or charitable institution,
Am – Arresto Menor established under the law of the care,
correction or education of orphaned,
Art. 77. When the penalty is a complex one homeless, defective, and delinquent children,
composed of three distinct penalties. — In or to the custody or care of any other
cases in which the law prescribes a penalty responsible person in any other place subject
composed of three distinct penalties, each to visitation and supervision by the Director of
Public Welfare or any of his agents or such share which is not paid by said
representatives, if there be any, or otherwise municipality shall be borne by the National
by the superintendent of public schools or his Government. Chartered cities shall pay two-
representatives, subject to such conditions as thirds of said expenses; and in case a
are prescribed herein below until such minor chartered city cannot pay said expenses, the
shall have reached his majority age or for such internal revenue allotments which may be due
less period as the court may deem proper. to said city shall be withheld and applied in
The court, in committing said minor as settlement of said indebtedness in accordance
provided above, shall take into consideration with section five hundred and eighty-eight of
the religion of such minor, his parents or next the Administrative Code.
of kin, in order to avoid his commitment to
any private institution not under the control : This article is connected with children in
and supervision of the religious sect or conflict with the law who has been deemed as a
denomination to which they belong. convict although minority in age. The
The Director of Public Welfare or his duly abovementioned article will prevail in cases
authorized representatives or agents, the such as these.
superintendent of public schools or his
representatives, or the person to whose Art. 81-85
custody or care the minor has been : These articles pertain to the Death sentences,
committed, shall submit to the court every where the burial of the corpse should take
four months and as often as required in place, or if in case the person to be executed is
special cases, a written report on the good or a female (who in this case may be pregnant),
bad conduct of said minor and the moral and and where the execution will take place.
intellectual progress made by him.
The suspension of the proceedings against a Art. 86. Reclusion perpetua, reclusion
minor may be extended or shortened by the temporal, prision mayor, prision correccional
court on the recommendation of the Director and arresto mayor. — The penalties of
of Public Welfare or his authorized reclusion perpetua, reclusion temporal,
representative or agents, or the prision mayor, prision correccional and
superintendent of public schools or his arresto mayor, shall be executed and served
representatives, according as to whether the in the places and penal establishments
conduct of such minor has been good or not provided by the Administrative Code in force
and whether he has complied with the or which may be provided by law in the
conditions imposed upon him, or not. The future.
provisions of the first paragraph of this article
shall not, however, be affected by those : This article provides where the convicts
contained herein. serving the 1st scale of penalties are serving out
If the minor has been committed to the there sentences.
custody or care of any of the institutions
mentioned in the first paragraph of this Art. 87. Destierro. — Any person sentenced to
article, with the approval of the Director of destierro shall not be permitted to enter the
Public Welfare and subject to such conditions place or places designated in the sentence,
as this official in accordance with law may nor within the radius therein specified, which
deem proper to impose, such minor may be shall be not more than 250 and not less than
allowed to stay elsewhere under the care of a 25 kilometers from the place designated.
responsible person.
If the minor has behaved properly and has : This article refers to the accused until where
complied with the conditions imposed upon is his jurisdiction if he aggravated someone.
him during his confinement, in accordance
with the provisions of this article, he shall be Art. 88. Arresto menor. — The penalty of
returned to the court in order that the same arresto menor shall be served in the municipal
may order his final release. jail, or in the house of the defendant himself
In case the minor fails to behave properly or under the surveillance of an officer of the
to comply with the regulations of the law, when the court so provides in its
institution to which he has been committed or decision, taking into consideration the health
with the conditions imposed upon him when of the offender and other reasons which may
he was committed to the care of a responsible seem satisfactory to it.
person, or in case he should be found
incorrigible or his continued stay in such : This article refers to where the accused will
institution should be inadvisable, he shall be serve out his sentence should he be imposed
returned to the court in order that the same upon the penalty of arresto menor.
may render the judgment corresponding to
the crime committed by him. Art. 89. How criminal liability is totally
The expenses for the maintenance of a minor extinguished. — Criminal liability is totally
delinquent confined in the institution to extinguished:
which he has been committed, shall be borne 1. By the death of the convict, as to the
totally or partially by his parents or relatives personal penalties and as to pecuniary
or those persons liable to support him, if they penalties, liability therefor is extinguished
are able to do so, in the discretion of the only when the death of the offender occurs
court; Provided, That in case his parents or before final judgment.
relatives or those persons liable to support : This refers to, when the during the service of
him have not been ordered to pay said the sentence, the convict dies, the sentence
expenses or are found indigent and cannot dies with him.
pay said expenses, the municipality in which
the offense was committed shall pay one-third 2. By service of the sentence;
of said expenses; the province to which the : Upon finishing the service of the sentence, this
municipality belongs shall pay one-third; and is when the criminal liability gets extinguished.
the remaining one-third shall be borne by the
National Government: Provided, however, 3. By amnesty, which completely extinguishes
That whenever the Secretary of Finance the penalty and all its effects;
certifies that a municipality is not able to pay : Amnesty defined: the crime and the sentence
its share in the expenses above mentioned, is totally extinguished
Art. 94. Partial Extinction of criminal
4. By absolute pardon; liability. — Criminal liability is extinguished
: Pardon defined: it excuses the sentence, but partially:
not the liability, but in the case of absolute 1. By conditional pardon;
pardon, everything is extinguished. 2. By commutation of the sentence; and
3. For good conduct allowances which the
5. By prescription of the crime; culprit may earn while he is serving his
6. By prescription of the penalty; sentence.
7. By the marriage of the offended woman, as
provided in Article 344 of this Code. : This occurs when the person serving the
: In the case of rape, should the rape victim sentence has been pardoned, his sentence has
marry the rapist, the liability of the rapist will been cut or commuted and he has done good
be extinguished. conduct.
Art. 90. Prescription of crime. — Crimes Art. 95. Obligation incurred by person granted
punishable by death, reclusion perpetua or conditional pardon. — Any person who has
reclusion temporal shall prescribe in twenty been granted conditional pardon shall incur
years. the obligation of complying strictly with the
Crimes punishable by other afflictive penalties conditions imposed therein otherwise, his
shall prescribe in fifteen years. non-compliance with any of the conditions
Those punishable by a correctional penalty specified shall result in the revocation of the
shall prescribe in ten years; with the pardon and the provisions of Article 159 shall
exception of those punishable by arresto be applied to him.
mayor, which shall prescribe in five years.
The crime of libel or other similar offenses : Those who have been pardoned have to follow
shall prescribe in one year. rules so as not to be convicted again.
The crime of oral defamation and slander by
deed shall prescribe in six months. Art. 96. Effect of commutation of sentence. —
Light offenses prescribe in two months. The commutation of the original sentence for
When the penalty fixed by law is a compound another of a different length and nature shall
one, the highest penalty shall be made the have the legal effect of substituting the latter
basis of the application of the rules contained in the place of the former.
in the first, second and third paragraphs of
this article. Art. 97. Allowance for good conduct. — The
good conduct of any prisoner in any penal
: This refers to the crime committed and what institution shall entitle him to the following
are the years to be served out. deductions from the period of his sentence:
1. During the first two years of his
Art. 91. Computation of prescription of imprisonment, he shall be allowed a deduction
offenses. — The period of prescription shall of five days for each month of good behavior;
commence to run from the day on which the 2. During the third to the fifth year, inclusive,
crime is discovered by the offended party, the of his imprisonment, he shall be allowed a
authorities, or their agents, and shall be deduction of eight days for each month of
interrupted by the filing of the complaint or good behavior;
information, and shall commence to run again 3. During the following years until the tenth
when such proceedings terminate without the year, inclusive, of his imprisonment, he shall
accused being convicted or acquitted, or are be allowed a deduction of ten days for each
unjustifiably stopped for any reason not month of good behavior; and
imputable to him. 4. During the eleventh and successive years of
The term of prescription shall not run when his imprisonment, he shall be allowed a
the offender is absent from the Philippine deduction of fifteen days for each month of
Archipelago. good behavior.
: This article refers to the day when the crime : This goes to show, that for every good
has been discovered by the authorities and behavior a convict has shown inside the prison
should the convict flee to another country, his cell, the days in the term of sentence shall be
term of sentence will be interrupted and would reduced.
resume should he come back to the Philippines.
Art. 92. When and how penalties prescribe. — Art. 98. Special time allowance for loyalty. —
The penalties imposed by final sentence A deduction of one-fifth of the period of his
prescribe as follows: sentence shall be granted to any prisoner
1. Death and reclusion perpetua, in twenty who, having evaded the service of his
years; sentence under the circumstances mentioned
2. Other afflictive penalties, in fifteen years; in Article 58 of this Code, gives himself up to
3. Correctional penalties, in ten years; with the authorities within 48 hours following the
the exception of the penalty of arresto mayor, issuance of a proclamation announcing the
which prescribes in five years; passing away of the calamity or catastrophe to
4. Light penalties, in one year. in said article.
Art. 93. Computation of the prescription of : This occurs when a convict gives himself up
penalties. — The period of prescription of after forty-eight (48) hours. His sentence gets
penalties shall commence to run from the commuted and 1/5th of the sentence is
date when the culprit should evade the removed.
service of his sentence, and it shall be
interrupted if the defendant should give Art. 99. Who grants time allowances. —
himself up, be captured, should go to some Whenever lawfully justified, the Director of
foreign country with which this Government Prisons shall grant allowances for good
has no extradition treaty, or should commit conduct. Such allowances once granted shall
another crime before the expiration of the not be revoked.
period of prescription.
: It is the Director of Prisons who grants the
allowance for every good conduct.
may have given them with respect to the care
Art. 100. Civil liability of a person guilty of and vigilance over such goods. No liability
felony. — Every person criminally liable for a shall attach in case of robbery with violence
felony is also civilly liable. against or intimidation of persons unless
committed by the innkeeper's employees.
: It is true for those who has a criminal liability
has a civil liability (against persons, thing or : In business establishments, the manager or
moral as dictated by Art. 19, 20 and 21 of the owner is liable civilly if anything went missing or
Civil Code). was stolen. Same goes with the staff of the
manager, if they committed a crime, the
Art. 101. Rules regarding civil liability in manager is held liable for their crimes.
certain cases. — The exemption from criminal
liability established in subdivisions 1, 2, 3, 5 Art. 103. Subsidiary civil liability of other
and 6 of Article 12 and in subdivision 4 of persons. — The subsidiary liability established
Article 11 of this Code does not include in the next preceding article shall also apply
exemption from civil liability, which shall be to employers, teachers, persons, and
enforced subject to the following rules: corporations engaged in any kind of industry
First. In cases of subdivisions 1, 2, and 3 of for felonies committed by their servants,
Article 12, the civil liability for acts pupils, workmen, apprentices, or employees
committed by an imbecile or insane person, in the discharge of their duties.
and by a person under nine years of age, or by
one over nine but under fifteen years of age, : It is also applicable to employers, teachers,
who has acted without discernment, shall persons and discharges.
devolve upon those having such person under
their legal authority or control, unless it Art. 104. What is included in civil liability. —
appears that there was no fault or negligence The civil liability established in Articles 100,
on their part. 101, 102, and 103 of this Code includes:
Should there be no person having such insane, 1. Restitution;
imbecile or minor under his authority, legal 2. Reparation of the damage caused;
guardianship or control, or if such person be 3. Indemnification for consequential damages.
insolvent, said insane, imbecile, or minor shall
respond with their own property, excepting Art. 105. Restitution; How made. — The
property exempt from execution, in restitution of the thing itself must be made
accordance with the civil law. whenever possible, with allowance for any
Second. In cases falling within subdivision 4 of deterioration, or diminution of value as
Article 11, the persons for whose benefit the determined by the court.
harm has been prevented shall be civilly liable The thing itself shall be restored, even though
in proportion to the benefit which they may it be found in the possession of a third person
have received. who has acquired it by lawful means, saving to
The courts shall determine, in sound the latter his action against the proper
discretion, the proportionate amount for person, who may be liable to him.
which each one shall be liable. This provision is not applicable in cases in
When the respective shares cannot be which the thing has been acquired by the
equitably determined, even approximately, or third person in the manner and under the
when the liability also attaches to the requirements which, by law, bar an action for
Government, or to the majority of the its recovery.
inhabitants of the town, and, in all events,
whenever the damages have been caused with : The return of the value of such stolen object.
the consent of the authorities or their agents, Or if it has sentimental value, you must return
indemnification shall be made in the manner the same or higher value.
prescribed by special laws or regulations. Ex: A man who in exchange for transportation
Third. In cases falling within subdivisions 5 took a pin of inestimable value from a woman
and 6 of Article 12, the persons using violence and her family. And because of that they were
or causing the fears shall be primarily liable killed in the gas chambers. Should the next of
and secondarily, or, if there be no such kin have a right on the pin?
persons, those doing the act shall be liable,
saving always to the latter that part of their A: Yes, the next of kin has a right.
property exempt from execution.
If in any way, an object of value taken by force
: Still this is in connection to Arts. 19-21 of the from a person should be returned to the next of
Civil Code of the Philippines. kin, should the person pass on to the next life.
Art. 102. Subsidiary civil liability of In the case at bar, a pin of inestimable value
innkeepers, tavernkeepers and proprietors of was taken from a woman and his family, in
establishments. — In default of the persons exchange they had to die in the gas chambers,
criminally liable, innkeepers, tavernkeepers, her next of kin is claiming for the pin, and since
and any other persons or corporations shall be she has passed away, the next of kin has a right
civilly liable for crimes committed in their to the pin.
establishments, in all cases where a violation
of municipal ordinances or some general or Art. 106. Reparation; How made. — The court
special police regulation shall have been shall determine the amount of damage, taking
committed by them or their employees. into consideration the price of the thing,
Innkeepers are also subsidiarily liable for the whenever possible, and its special sentimental
restitution of goods taken by robbery or theft value to the injured party, and reparation
within their houses from guests lodging shall be made accordingly.
therein, or for the payment of the value
thereof, provided that such guests shall have : When the object taken is damaged, one must
notified in advance the innkeeper himself, or have it repaired to its original value.
the person representing him, of the deposit of
such goods within the inn; and shall Art. 107. Indemnification; What is included. —
furthermore have followed the directions Indemnification for consequential damages
which such innkeeper or his representative shall include not only those caused the
injured party, but also those suffered by his reason of amnesty, pardon, commutation of
family or by a third person by reason of the sentence or any other reason.
crime.
: If the person’s civil liability is not yet
: This includes paying to the family of the extinguished then his obligation to pay for such
person whom the damage has been brought it liability goes on until it has been satisfied.
upon.
Act no. 4013 Indeterminate Sentence Law
Art. 108. Obligation to make restoration, (ISLAW)
reparation for damages, or indemnification
for consequential damages and actions to Three (3) things to know about the
demand the same; Upon whom it devolves. — Indeterminate Sentence Law:
The obligation to make restoration or
reparation for damages and indemnification 1) Its purpose;
for consequential damages devolves upon the 2) Instances when it does not apply; and
heirs of the person liable. 3) How it operates
The action to demand restoration, reparation,
and indemnification likewise descends to the Indeterminate Sentence Law governs whether
heirs of the person injured. the crime is punishable under the Revised Penal
Code or a special Law. It is not limited to
: This is to the heirs of the person to whom the violations of the Revised Penal Code.
damage has been brought upon, all obligations
of repair, indemnification and restoration. The purpose of the Indeterminate Sentence law
is to avoid prolonged imprisonment, because it
Art. 109. Share of each person civilly liable. — is proven to be more destructive than
If there are two or more persons civilly liable constructive to the offender. So, the purpose of
for a felony, the courts shall determine the the Indeterminate Sentence Law in shortening
amount for which each must respond. the possible detention of the convict in jail is to
save valuable human resources.
: Each person who is civilly liable must pay an
amount as determined by the courts. In determining the applicable penalty according
to the Indeterminate Sentence Law, there is no
Art. 110. Several and subsidiary liability of need to mention the number of years, months
principals, accomplices and accessories of a and days; it is enough that the name of the
felony; Preference in payment. — penalty is mentioned while the Indeterminate
Notwithstanding the provisions of the next Sentence Law is applied.
preceding article, the principals, accomplices,
and accessories, each within their respective Crimes punished under special law carry only
class, shall be liable severally (in solidum) one penalty; there are no degree or periods.
among themselves for their quotas, and Moreover, crimes under special law do not
subsidiaries for those of the other persons consider mitigating or aggravating circumstance
liable. present in the commission of the crime.
The subsidiary liability shall be enforced, first
against the property of the principals; next, Disqualification may be divided into three,
against that of the accomplices, and, lastly, according to –
against that of the accessories.
Whenever the liability in solidum or the (1) The time committed;
subsidiary liability has been enforced, the (2) The penalty imposed; and
person by whom payment has been made shall (3) The offender involved.
have a right of action against the others for
the amount of their respective shares.
The Indeterminate Sentence Law shall not apply
Art. 111. Obligation to make restitution in to:
certain cases. — Any person who has
participated gratuitously in the proceeds of a (1) Persons convicted of offense punishable
felony shall be bound to make restitution in with death penalty or life imprisonment;
an amount equivalent to the extent of such (2) Persons convicted of treason,
participation. conspiracy or proposal to commit treason;
(3) Persons convicted of misprision of
: For accomplices who took part in a commission treason, rebellion, sedition, espionage;
of the crime is liable as well and must pay that (4) Persons convicted of piracy;
which is payable. (5) Persons who are habitual delinquents;
(6) Persons who shall have escaped from
Art. 112. Extinction of civil liability. — Civil confinement or evaded sentence;
liability established in Articles 100, 101, 102, (7) Those who have been granted
and 103 of this Code shall be extinguished in conditional pardon by the Chief Executive and
the same manner as obligations, in accordance hall have violated the term thereto;
with the provisions of the Civil Law. (8) Those whose maximum term of
imprisonment does not exceed one year, but not
: Civil liability is extinguished according with the to those already sentenced by final judgment at
provisions of the Civil Law. the time of the approval of Indeterminate
Sentence Law.
Art. 113. Obligation to satisfy civil liability. —
Except in case of extinction of his civil liability Presidential Decree No. 968 (Probation Law)
as provided in the next preceding article the
offender shall continue to be obliged to satisfy Probation is a manner of disposing of an accused
the civil liability resulting from the crime who have been convicted by a trial court by
committed by him, notwithstanding the fact placing him under supervision of a probation
that he has served his sentence consisting of officer, under such terms and conditions that
deprivation of liberty or other rights, or has the court may fix. This may be availed of
not been required to serve the same by before the convict begins serving sentence by
final judgment and provided that he did not
appeal anymore from conviction. These conditions being mandatory, the moment
any of these is violate, the probation is
Without regard to the nature of the crime, only cancelled.
those whose penalty does not exceed six years
of imprisonment are those qualified for Discretionary conditions:
probation. If the penalty is six years plus one The trial court which approved the application
day, he is no longer qualified for probation. for probation may impose any condition which
may be constructive to the correction of the
If the offender was convicted of several offenses offender, provided the same would not violate
which were tried jointly and one decision was the constitutional rights of the offender and
rendered where multiple sentences imposed subject to this two restrictions: (1) the
several prison terms as penalty, the basis for conditions imposed should not be unduly
determining whether the penalty disqualifies restrictive of the probationer; and (2) such
the offender from probation or not is the term condition should not be incompatible with the
of the individual imprisonment and not the freedom of conscience of the probationer.
totality of all the prison terms imposed in the
decision. So even if the prison term would sum
up to more than six years, if none of the
individual penalties exceeds six years, the
offender is not disqualified by such penalty from
applying for probation.
Ex: May a recidivist be given the benefit of
Probation Law?
Mandatory conditions: