vessel is within jurisdiction in which case such
Criminal Law Reviewer (Art.
1-113)
Criminal Law – is that branch of public
substantive law which defines offenses and
prescribes their penalties. It is also that branch
of municipal law, which defines crimes, treats
of their nature and provides for their
punishment.
3 Characteristics of Criminal Law:
1) Generality - means that the criminal
law of the country governs all persons
within the country regardless of their
race, belief, sex, or creed. However, it
is subject to certain exceptions brought
about by international agreement.
Ambassadors, chiefs of states and other
diplomatic officials are immune from
the application of penal laws when
they are in the country where they are
assigned. (Hindi kasama dito ang
diplomats, etc.)
2) Territoriality - means that the penal
laws of the country have force and
effect only within its territory. It
cannot penalize crimes committed
outside the same. This is subject to
certain exceptions brought about by
international agreements and practice.
The territory of the country is not
limited to the land where its
sovereignty resides but includes also its
maritime and interior waters as well as
its atmosphere. (kasama lahat dito!)
- Terrestrial: jurisdiction
exercised over the land
- Fluvial: jurisdiction over
maritime and interior waters
(3-5 nautical miles from the
shore, sakop pa rin natin)
- Aerial: jurisdiction over the
atmosphere (airspace natin)
3) Prospectivity - Acts or omissions will
only be subject to a penal law if they
are committed after a penal law had
already taken effect. Vice-versa, this
act or omission which has been
committed before the effectivity of a
penal law could not be penalized by
such penal law because penal laws
operate only prospectively.
French Rule
The French Rule provides that the nationality of
the vessel follows the flag which the vessel
flies, unless the crime committed endangers the
national security of a foreign country where the
foreign country will never lose jurisdiction over
such vessel.
American Rule / Anglo-Saxon Rule
This rule strictly enforces the territoriality of
criminal law. The law of the foreign country
where a foreign vessel is within its jurisdiction is
strictly applied, except if the crime affects only
the internal management of the vessel in which
case it is subject to the penal law of the country
where it is registered.
°Nullum crimen, nulla poena sine lege” –
There is no crime when there is no law punishing
the same.
- This is true to civil law
countries, but not to common
law countries.
- No matter how wrongful, evil
or bad the act is, if there is no
law defining the act, the same
is not considered a crime.
- Common law crimes are
wrongful acts which the
community/society condemns
as contemptible, even though
there is no law declaring the
act criminal.
- Not any law punishing an act
or omission may be valid as a
criminal law. If the law
punishing an act is ambiguous,
it is null and void.
“Actus non facit reum, nisi mens sit rea” –
The act cannot be criminal where the mind is
not criminal.
- This is true to a felony
characterized by dolo, but not
a felony resulting from culpa.
- This maxim is not an absolute
one because it is not applied
to culpable felonies, or those
that result from negligence.
“Mens Rea” – in layman’s terms: “bulls-eye” of
a crime. Synonymous with criminal or deliberate
intent, but that is not correct. It still depends
on the elements of the crime. You can only
detect the mens rea of a crime by knowing the
particular crime committed. Without reference
to a particular crime, this term is meaningless.
Ex. In theft, mens rea is taking the property
with intent to gain. In falsification, mens rea, is
the effect of the forgery with intent to pervert
the truth.
Mala in se:
 - Which literally means, that
the act is inherently evil or
bad or per se wrongful.
- These are punishable by our
RPC.
- The intent is crucial.
Mala prohibita(um):
- These are violations of special
laws.
- Example is possession of drugs
(punishable by Special Laws),
ito yung kahit hindi mo
gagamitin or ibebenta, the
mere fact na nasa pagmamay-
ari mo ito, bawal pa rin!
Felony: these are acts or omissions as defined
by Article 3 of the RPC. They may be
differentiated by dolo (deceit) which is
intentional, and culpa (fault) which is
imprudence, negligence, lack of skill or
foresight.
Offense: are crimes punished under a special
law is called as statutory offense.
Misdemeanor: a minor infraction of the law,
such as a violation of an ordinance, is referred
to as a misdemeanor.
Crime: whether the wrongdoing is punished
under the Revised Penal Code or under a special
law, the generic word crime can be used.
Mistake of Fact:
When the offender acted out of a mistake of
fact, criminal intent is negated, so do not
presume that the act was done with criminal
intent. This is absolutory if crime involved dolo.
Dolo has three requisites:
1) Criminal Intent
2) Freedom of action
3) Intelligence
Culpa has three requisites as well:
1) criminal negligence on the part of the
offender , that is, the crime was the
result of negligence, reckless
imprudence, lack of foresight or lack of
skill;
2) freedom of action on the part of the
offender, that is, he was not acting
under duress; and
3) Intelligence on the part of the offender
in performing the negligent act.
Distinction between Dolo and Culpa:
Dolo, has criminal intent, and culpa has
criminal negligence.
Criminal Intent has 2 categories:
1) General Criminal Intent: presumed
from the mere doing of a wrong act.
This does not require proof.
2) Special Criminal Intent: not presumed
because it is an ingredient or element
of a crime, like intent to kill in the
crimes of attempted or frustrated
homicide /parricide /murder. The
prosecution has the burden of proving
the same.
May a crime be committed without criminal
intent?
Yes. It is not necessary between these areas:
1) When the crime was committed was a
product of culpa or negligence, reckless
imprudence, lack of foresight or skill;
2) When the crime is a prohibited act
under a special law or what is called
mala prohibita(um)
Distinction between intent and discernment:
Intent is the determination to do a certain
thing, an aim or purpose of the mind. On the
other hand, discernment is the mental capacity
to tell right from wrong.
Distinction between intent and motive:
Intent is demonstrated by the use of a particular
means to bring about a desired result – it is not
a state of mind or a reason for committing a
crime. On the other hand, motive implies
motion. It is the moving power which impels
one to do an act.
Distinction between negligence and
imprudence:
(1) In negligence, there is deficiency of
action;
(2) In imprudence, there is
deficiency of perception.
Criminal Liability:
This shall be incurred upon the person on the
act of a crime (gumawa ng krimen), whether:
Error in personae – mistake in identity (wrong
person) Ex. A wanted to kill B, but kill C
instead, this is considered as mistake in
identity.
Abberatio ictus – mistake in blow (wrong shot;
bullet went the other way etc.) Ex. A shot B,
but instead, the bullet ricocheted (bounced off)
from the wall and hit C. (best example from CSI:
Las Vegas where a guy in avoiding an incoming
blow and someone got hit instead and that
fellow died of injuries to the head hours later.)
Praeter intentionem – where the consequence
exceeded the intention. Ex. A dropped a pail of
water on B’s head, his intention was just a joke
and getting B wet. But instead of getting wet, B
died due to hemorrhage to the skull suffered
from the injuries. (another best example in CSI:
New York, where a sorority member inserted a
canister on an inhaler of a “sister sorority” to
set the mood (the said canister was said to
heighten sexual appetite) not knowing of her
previous condition (which was asthma) which
collided and thus killing her instead of setting
mood, she died of orgasm.)
Proximate cause:
Article 4, Paragraph 1, presupposes that the act
done was a proximate cause. It must be:
1) Direct
2) Natural
3) Logical consequence of the felonious
act
Impossible Crime:
Is an act which would be an offense against
person or property were it not for the inherent
impossibility of its accomplishment or on
account of the employment of inadequate or
ineffectual means.
Ex. A houseboy on the intention of raping his
beautiful master went upstairs unlocked the
door and proceeded to rape her without
knowing that she was dead to begin with. An
impossible crime was committed.
Article 4, Paragraph 1 – this refers to the
wrongful act done constituted a felony,
although it might be different from what he
intended. Ex. In saving D’s life from imminent
danger of being hit by an oncoming truck, A
yanked him out and set him aside. Not realizing
that there were snakes or spikes where he
shoved him thus resulting in his death.
Article 4, Paragraph 2 – this refers to a
situation where the wrongful act did not
constitute any felony, but because the act
would have given rise to a crime against persons
or against property, the same is penalized to
repress criminal tendencies to curtail their
frequency.
Article 5 of the RPC covers two (2) instances:
1) The court cannot convict the accused
because the acts do not constitute a
crime. The proper judgment is
acquittal, but the court is mandated to
report to the Chief Executive that said
act be made subject of penal
legislation and why. Ex. There is no
crime committed, thus resulting in the
person’s freedom/acquittal. (best
example from CSI: Miami, when a guy
was convicted of shooting a man, but
since there was no GSR (gunshot
residue) found on him, evidence
showed otherwise, thus acquitting
him.)
2) Where the court finds the penalty
prescribed for the crime too harsh
considering the conditions surrounding
the commission of the crime, the judge
should impose the law. The most that
he could do is to recommend to the
Chief Executive to grant executive
clemency. Ex. In the case of complex
crimes, although the punishment be
given be the highest level of
punishment, they recommend to the
President that the prisoner be granted
pardon or clemency (best example
when Michael Scofield’s brother Linc
was pardoned by the President)
Stages in committing a felony:
As emphasized on Article 6, the following are
the stages:
1) Attempted – the crime was commenced
first, but only injuries were sustained.
2) Frustrated – the crime that happened
was in progress to 75% of the event,
believing that the victim was already
dead, the killer fled the scene not
knowing that the victim still had a
pulse and survived because the victim
was brought to the hospital where he
was saved.
3) Consummated – total death for the
victim killed or murdered.
 Note that there is no frustrated rape
only consummated, no matter how the
penetration happened, it was still
consummated.
 There is no frustrated robbery, only
desistance, meaning the person about
to rob the store was overcome by guilt
and changed his mind later.
 There is no frustrated or attempted
oral defamation, it is always in the
consummated stage.
Formal Crimes – are crimes which are
consummated in one instance.
The difference between attempted and
frustrated stage lies on whether the offender
has performed all the acts or execution for the
accomplishment of the crime.
Literally, under the article 6, if the offender has
performed all the acts of execution which
should produce the felony as a consequence but
the felony was not realized, then the crime is
already in the frustrated stage. If the offender
has not yet performed all the acts of execution –
there is yet something to be performed – but he
was not able to perform all the acts of
execution due to some cause or accident other
than his own spontaneous desistance, then you
have an attempted felony.
Desistance:
On the part of the offender negates criminal
liability in the attempted stage. Desistance is
true only in the attempted stage of the felony.
If under the definition of the felony, the act
done is already in the frustrated stage, no
amount of desistance will negate criminal
liability.
Whether the felony is attempted, frustrated or
consummated, here are the following criteria
involved:
1) The manner of committing the crime;
2) The elements of the crime; and
3) The nature of the crime itself
Manner of committing a crime
Ex. Bribery. Can the crime of frustrated bribery
be committed? No.
It usually takes 2 to tango. Meaning there is a
principal and an accomplice. And 2 people to
take part in the crime. As mentioned earlier
there is no such thing as frustrated rape. In
rape, it requires the connection of the offender
and the offended party. No penetration at all,
there is only an attempted stage. Slightest
penetration or slightest connection,
consummated. You will notice this from the
nature of the crime requiring two participants.
On physical injuries
In order that in law, a deformity can be said to
exist, three factors must concur:
(1) The injury should bring about the
ugliness;
(2) The ugliness must be visible;
(3) The ugliness would not disappear
through natural healing process.
Elements of a crime:
1) Element of intent to damage
2) The damage inflicted
3) Intent to gain
Nature of crime:
1) Grave
2) Light
Conspiracy and proposal to commit felon
For conspiracy to exist:
1) There is an agreement
2) The participants acted in concert or
simultaneously which is indicative of a
meeting of the minds towards a
common criminal goal or criminal
objective. When several offenders act
in a synchronized, coordinated manner,
the fact that their acts complimented
each other is indicative of the meeting
of the minds. There is an implied
agreement.
Two (2) kinds of conspiracy:
1) Conspiracy as a crime – more of
national security (like coup d’etat)
2) Conspiracy as a manner of incurring
criminal liability – following an attack,
the 2 offenders conspired to get back
at the person who attacked them thus
resulting in his death.
Proposal to commit murder is not a crime. But
if B accepts the proposal, there will be
conspiracy to commit murder which is a crime
under the Revised Penal Code.
When the conspiracy is only a basis of incurring
criminal liability, there must be an overt act
done before the co-conspirators become
criminally liable. When the conspiracy itself is a
crime, this cannot be inferred or deduced
because there is no overt act. All that there is
the agreement. On the other hand, if the co-
conspirator or any of them would execute an
overt act, the crime would no longer be the
conspiracy but the overt act itself.
Composite crimes – are crimes which, in
substance, consist of more than one crime but in
the eyes of the law, there is only one crime. Ex.
Crimes with robbery with rape, robbery with
homicide, robbery with physical injuries.
Complex crimes – are crimes which in sum,
consist of a mixture of two crimes, but the
penalty that will be imposed shall be the one
with the graver offense.
Classifications of felonies:
1) According to the manner of their
commission. Under Article 3, they are
classified as, intentional felonies or
those committed with deliberate
intent; and culpable felonies or those
resulting from negligence, reckless
imprudence, lack of foresight or lack of
skill.
2) According to the stages of their
execution. Under Article 6., felonies
are classified as attempted felony when
the offender commences the
 commission of a felony directly by
overt acts, and does not perform all
the acts of execution which should
produce the felony by reason of some
cause or accident other than his own
spontaneous desistance; frustrated
felony when the offender commences
the commission of a felony as a
consequence but which would produce
the felony as a consequence but which
nevertheless do not produce the felony
by reason of causes independent of the
perpetrator; and, consummated felony
when all the elements necessary for its
execution are present.
3) According to their gravity. Under
Article 9, felonies are classified as
grave felonies or those to which
attaches the capital punishment or
penalties which in any of their periods
are afflictive; less grave felonies or
those to which the law punishes with
penalties which in their maximum
period was correccional; and light
felonies or those infractions of law for
the commission of which the penalty is
arresto menor.
There are five (5) circumstances affecting
criminal liability:
1) Justifying circumstances
2) Exempting circumstances
3) Mitigating Circumstances
4) Aggravating Circumstances
5) Alternative Circumstances
There are 2 others found elsewhere in the
provision of the RPC:
1) Absolutory cause
2) Extenuating circumstances
Absolutory cause: The effect of this is to absolve
the offender from criminal liability, although
not from civil liability. It has the same effect as
an exempting circumstance, but you do not call
it as such in order not to confuse it with the
circumstances under Article 12. It has the effect
of an exempting circumstance and they are
predicated on lack of voluntariness like
instigation. Instigation is associated with
criminal intent.
Difference between instigation and entrapment
In instigation, the criminal plan or design exists
in the mind of the law enforcer with whom the
person instigated cooperated so it is said that
the person instigated is acting only as a mere
instrument or tool of the law enforcer in the
performance of his duties.
On the other hand, in entrapment, a criminal
design is already in the mind of the person
entrapped. It did not emanate from the mind of
the law enforcer entrapping him. Entrapment
involves only ways and means which are laid
down or resorted to facilitate the apprehension
of the culprit.
Extenuating circumstance
The effect of this is to mitigate the criminal
liability of the offender. In other words, this
has the same effect as mitigating
circumstances, only you do not call it mitigating
because this is not found in Article 13.
Distinction between Justifying and Exempting
Circumstances:
Justifying Circumstances:
1) The circumstance affects the act, not
the actor;
2) The act complained of is considered to
have been done within the bounds of
law; hence, it is legitimate and lawful
in the eyes of the law;
3) Since the act is considered lawful,
there is no crime, and because there is
no crime, there is no criminal;
4) Since there is no crime or criminal,
there is no criminal liability as well as
civil liability
Exempting Circumstances:
1) The circumstances affect the actor, not
the act;
2) The act complained of is actually
wrongful, but the actor acted without
voluntariness. He is a mere tool or
instrument of the crime;
3) Since the act complained of is actually
wrongful, there is a crime. But
because the actor acted without
voluntariness, there is absence of dolo
or culpa. There is no criminal;
4) Since there is a crime committed but
there is no criminal, there is civil
liability for the wrong done. But there
is no criminal liability. However, in
paragraphs 4 and 7 of Article 12, there
is neither criminal nor civil liability.
Justifying Circumstances:
Since the justifying circumstances are in the
nature of defensive acts, there must be always
unlawful aggression. The reasonableness of the
means employed depends on the gravity of the
aggression. If the unlawful aggressor was killed,
this can only be justified if it was done to save
the life of the person defending or the person
being defended. The equation is “life was taken
to save life.”
Self defense:
It is the element of unlawful aggression that is
in issue. Never confuse unlawful aggression
with provocation. Mere provocation is not
enough.
Defense of property rights
This can only be invoked if the life and limb of
the person making the defense is also the
subject of unlawful aggression. Life cannot be
equal to property.
Defense of stranger
If the person being defended is already a second
cousin, you do not invoke defense of relative
anymore. It will be defense of stranger. This is
vital because if the person making the defense
acted out or revenge, resentment or some evil
motive in killing the aggressor, he cannot invoke
the justifying circumstance if the relative
defended is already a stranger in the eyes of the
law. On the other hand, if the relative
defended is still within the coverage of defense
of relative, even though he acted out of some
evil motive, it would still apply. It is enough
that there was unlawful aggression against the
relative defended, and that the person
defending did not contribute to the unlawful
aggression.
Incomplete self-defense or incomplete
justifying circumstance or incomplete
exempting circumstances
When you say incomplete justifying
circumstance, it means that not all the
requisites to justify the act are present or not
the requisites to exempt from criminal liability
are present.
First, to have incomplete self-defense, the
offended party must be guilty of unlawful
aggression. Without this, there can be no
incomplete self-defense, defense of relative, or
defense of stranger.
Second, if only the element of unlawful
aggression is present, the other requisites being
absent, the offender shall be given only the
benefit of an ordinary mitigating circumstance.
Third, if aside from the element of unlawful
aggression another requisite, but not all, are
present, the offender shall be given the benefit
of a privileged mitigating circumstance. In such
a case, the imposable penalty shall be reduced
by one or two degrees depending upon how the
court regards the importance of the requisites
present. Or absent.
State of necessity – this is the commission of a
crime to avoid an imminent and clear present
danger.
Fulfillment of duty – this is the commission of
the crime in line of duty, and there are 2
conditions:
1) The felony was committed while the
offender was in the fulfillment of a
duty or in the lawful exercise of a right
or office; and
2) The resulting felony is the unavoidable
consequence of the due fulfillment of
the duty or the lawful exercise of the
right or office
Exempting Circumstances:
The reason for the exemption lies on the
involuntariness of the act – one or some of the
ingredients of voluntariness such as criminal
intent, intelligence, or freedom of action on the
part of the offender is missing.
This includes:
1) Imbecility and insanity – take note on
the grounds of insanity the accused
acted with complete deprivation of
intelligence in committing the crime
and test of volition, whether the
accused acted in total deprivation of
freedom of will.
2) Minority
“Damnum absque injuria” – the offender is
exempt from criminal liability but of civil
liability as well.
Mitigating Circumstances:
These are accompanying or accessory condition,
event, or fact that (though not constituting a
justification or excuse of an offense) may be
considered by the courts as reducing the degree
of culpability or liability of the accused. Such
circumstances may include family or personal
situations, and may help in attracting a
sentence less severe than a typical sentence for
similar offenses.
There are two distinctions: ordinary and
privileged.
1) As to the nature of the circumstances,
ordinary mitigating circumstance can
be offset by aggravating circumstances,
while privileged can never be offset.
2) As to effect, ordinary, if not offset will
operate to reduce the penalty to a
minimum period, provided the penalty
is a divisible one (negotiable. Meaning
if you hear the words of an officer Man
1, but because of the offender’s
confession and divulging of other vital
information, Man 1 with reduced
sentence of up to 5 years with
probation). With privileged, it operates
to reduce the penalty by one or two
 degree, depending on what the law
provides.
Sufficient threat or provocation:
This is mitigating only if the crime was
committed on the very person who made the
threat or provocation. The common set-up
given in a bar problem is that of provocation
was given by somebody. The person provoked
cannot retaliate against him; thus, the person
provoked retaliated on a younger brother or on
an elder father. Although in fact, there is
sufficient provocation, it is not mitigating
because the one who gives the provocation is
not the one against whom the crime was
committed.
Diminished self control has two criteria:
1) Time has lapsed after the provocation
was initially given (ex. A guy was
insulted at this moment, and retaliated
back after 24 hours. Giving him enough
time to think of his actions)
2) If there is that time element and at the
same time, facts are given indicating
that at the time the offender
committed the crime, he is still
suffering from outrage of the threat or
provocation done to him, then he will
still get the benefit of this mitigating
circumstance.
Vindication of a grave offense, the vindication
need not be done by the person upon whom the
grave offense was committed.
Passion or obfuscation – this stands on the
premise or proposition that the offender is
suffering from a diminished self-control because
of passion or obfuscation. Passion must be
legitimate.
This occurs when an assault on spouse or loved
one is prominent, and because of a jealous
outbreak you end up killing the person
assaulting your spouse or loved-one.
Physical defect is another mitigating
circumstance. Regardless of any physical defect
a person may still commit a crime as the other
parts of the body are fully functioning and could
still commence the crime. Blind, and invalid are
not exempted. Some parts of their body are still
working.
Aggravating Circumstances:
Circumstances that increase the seriousness or
outrageousness of a given crime, and that in
turn increase the wrongdoer's penalty or
punishment.
These are the kinds of aggravating
circumstances:
1) Generic or those that can generally
apply to all crime;
2) Specific or those that apply only to a
particular crime
3) Qualifying or those that change that
change the nature of the crime
4) Inherent or those that must of
necessity accompany the commission of
the crime
Distinctions between Aggravating and Qualifying
circumstances
In aggravating:
1) The circumstance could be offset by a
mitigating circumstance,
2) No need to allege this circumstance in
the information, as long as it is proven
during trial. If it is proved during trial,
the court would consider the same in
imposing the penalty;
3) It is not an ingredient of a crime. It
only affects the penalty to be imposed
but the crime remains the same
In qualifying circumstances:
1) The circumstance affects the nature of
the crime itself such that the offender
shall be liable for a more serious crime.
The circumstance is actually an
ingredient of the crime
2) Being an ingredient of the crime, it
cannot be offset by any mitigating
circumstance
3) Qualifying circumstances to be
appreciated as such must be
specifically alleged in the complaint or
information. If not alleged but proven
during the trial, it will be considered
only as generic aggravating
circumstance. If this happens, they are
susceptible of being offset by a
mitigating circumstance
Aggravating circumstances includes:
1) Taking advantage of public position –
this means you use public office as a
medium to commence a crime thinking
that you wouldn’t be convicted (well
guess again!)
2) Disrespect due to age, rank and sex –
this refers to old, young and for the
sex, it’s the female
3) Abuse of confidence – this is not mere
betrayal of trust just because in
example you left your daughter in the
trust of a neighbor and your neighbor
rapes your daughter. That is not
aggravating, what is aggravating if it
was done to you.
4) Dwelling – this refers to house,
regardless if its yours or not!
5) Band – obviously this refers to more
than 3 people! It would be bad enough
as it is if one person kills you, but a
group? (hello! Common sense!)
6) Uninhabited place – this refers to an
area far away from civilization, if this
is you, it would be so unfair as the
criminal intends that you won’t be
saved, this is considered as
aggravating.
7) Nighttime – you are rendered
defenseless at this point in moment in
time. You are sleeping, so killing you
while sleeping aggravates the whole
thing!
8) Treachery – violation of allegiance or
faith. You create this once your
allegiance/loyalty to someone is
destroyed.
9) Evident premeditation – it means you
planned this all along!!!
10) Breaking and entering is included as
well!
11) If you ask the aid of people below 15
years of age, the crime gets
aggravated! (best example CSI: Miami,
when an offender asked the aid of
Horatio’s son Kyle who at the time of
the offense was 15, ranking him as a
juvenile)
12) Craft, disguise or fraud be used in
committing a crime.
13) If you create an explosion, poison,
stranding a vessel, fire, (all man-made
accidents) these also aggravate the
situation. If you use these examples to
hide your crime, then you’re facing jail
time for a lifetime.
14) If you accepted a bribe, reward or
price in exchange for a commencement
of a crime, well consider these things
aggravating.
15) Another aggravating circumstances, you
kill someone and being a show-off, you
exposed the person, not only dead, but
naked as well and hung him on a tree,
this is ignominy. Kumbaga sa dead,
double-dead na ito!
16) If you use your size to get your way and
in the end resulting in death, then this
is also considered as aggravating.
17) During natural causes of accidents like
earthquake or epidemic and you used it
as a cover for your crime, this is also
aggravating. (Best example of this, CSI:
Miami, a robbery took place during a
tsunami event. The robbers used a
geologist to cover for them. Talk about
good research! But regardless, it’s still
aggravating circumstances)
18) If you commit a crime in the executive
palace, regardless of the existence of
the president or not, the grounds are
still aggravating. Especially if you shoot
a gun inside a church!
19) If you insult a public officer, that is
also an aggravating circumstance.
20) If you also asked the help of armed
men, it also aggravates the case.
Recidivism – the offender at the time of the trial
shall have been previously convicted by final
judgment of another in the same title of the
RPC. Ex. A guy committed murder last 2 months
ago, and now he is being convicted of homicide.
Reiteration – the offender has been punished for
an offense which the law attaches an equal
greater penalty for two or more crimes to which
it attaches a lighter penalty. This time, separate
titles are applicable. Ex. Robbery with rape is a
good example.
Habitual delinquency – the offender within a 10-
year period from the date of release or
conviction of the crimes: robbery, estafa,
murder, the third time.
Alternative Circumstance:
These offenses are against your family
(relationship)
These offenses also cover the part when you’re
drunk (so stop drinking!)
It doesn’t care if you’ve finished a college
degree or a simple 1 st grader. Everyone has a
tendency to become a murderer.
The following are Criminally Liable for Grave
felonies:
1) Principals – main doers of the crime
2) Accomplices – the one who helped in
the execution
3) Accessories – one may not be there
during the crime, but after you help
hide the evidence (obstruction of
justice ito)
The following are Criminally Liable for Light
felonies:
1) Principals
2) Accomplices
Grave felonies:
These felonies are punishable by the highest
possible punishment: lifetime imprisonment or
6-30 years. Examples are rape, murder, robbery,
treason.
Light felonies:
These felonies, are punishable by lightest
punishments: arresto menor, bail. These are
commenced due to infractions and
misdemeanors.
Accessories who are exempt from Criminal
Liability are your relatives, siblings, spouses.
Punishments given for Grave Felonies:
1) Reclusion perpetua
2) Reclusion temporal
3) Perpetual or temporary disqualification
4) Perpetual or special disqualification
5) Prision mayor
Correctional penalties:
1) Prision correccional
2) Arresto mayor
3) Suspension
4) Destierro
Light penalties
1) Arresto menor
2) Public censure
Penalties common to the three preceding
classes:
1) Fine and
2) Bond to keep the peace.
Art. 21. Penalties that may be imposed. — No
felony shall be punishable by any penalty not
prescribed by law prior to its commission.
: Meaning, you cannot punish anyone with any
penalty if he or she did not commit any crime,
thus the legal maxim: “Nullum crimen, nulla
poena sine lege” - There is no crime when there
is no law punishing the same.
Ex: A man was convicted of murder, but his alibi
and evidence showed otherwise. Should the man
be convicted of murder or not?
A: No, he shouldn’t be.
There was no felony committed, therefore, no
penalty is prescribed by law punishing it, thus
the legal maxim: Nullum crimen, nulla poena
sine lege – there is no crime when there is no
law punishing the same.
In the case given, although the man was
convicted of murder, the evidence and alibi
does not tie him to the crime.
Thus eliminating him of any liability for there
was no crime committed.
Art. 22. Retroactive effect of penal laws. —
Penal Laws shall have a retroactive effect
insofar as they favor the persons guilty of a
felony, who is not a habitual criminal, as this
term is defined in Rule 5 of Article 62 of this
Code, although at the time of the publication
of such laws a final sentence has been
pronounced and the convict is serving the
same.
: With relation to Art. 4 of the Civil Code: “Laws
shall have no retroactive effect unless otherwise
provided,” meaning, laws are usually
prospective. They never look back. Say for
example, a man committed a crime of murder,
if he was sentenced for the penalty of the death
sentence, and since it was abolished, it will no
longer follow. Should it be implemented back,
he is no longer covered by such punishment.
Art. 23. Effect of pardon by the offended
party. — A pardon of the offended party does
not extinguish criminal action except as
provided in Article 344 of this Code; but civil
liability with regard to the interest of the
injured party is extinguished by his express
waiver.
: This is in connection to the pardoning of the
President to the accused. Usually in the case of
rape, unless the person is forgiven by the
victim, then the offender is not pardoned. The
difference between amnesty and pardon lies
between the erasure of the conviction and the
crime itself. Pardon, excuses the convict from
serving the sentence.
Ex: Suppose, instead of amnesty, what was
given was absolute pardon, then years later, the
offender was again captured and charged for
rebellion, he was convicted, is he a recidivist?
A: Yes, he is.
Pardon, although absolute, does not erase the
effects of conviction. It only excuses the
accused from serving his sentence.
In the case at bar, the accused was awarded or
given pardon, not amnesty, which erases not
only the conviction but also the crime itself. He
then commits a crime of rebellion, thereby
making him a recidivist.
Art. 24. Measures of prevention or safety
which are not considered penalties. — The
following shall not be considered as penalties:
1. The arrest and temporary detention of
accused persons, as well as their detention by
reason of insanity or imbecility, or illness
requiring their confinement in a hospital.
2. The commitment of a minor to any of the
institutions mentioned in Article 80 and for
the purposes specified therein.
3. Suspension from the employment of public
office during the trial or in order to institute
proceedings.
4. Fines and other corrective measures which,
in the exercise of their administrative
disciplinary powers, superior officials may
impose upon their subordinates.
5. Deprivation of rights and the reparations
which the civil laws may establish in penal
form.
: The abovementioned are not penalties for a
crime. Rather they are just part of due process
given to an accused.
Art. 25. Penalties which may be imposed. –
The penalties which may be imposed
according to this Code, and their different
classes, are those included in the following:
Capital punishment: Death
Afflictive penalties: Reclusion perpetua,
Reclusion temporal, Perpetual or temporary
absolute disqualification, Perpetual or
temporary special disqualification, Prision
mayor.
Correctional penalties: Prision correccional,
Arresto mayor, Suspension, Destierro.
Penalties common to the three preceding
classes: Fine, and Bond to keep the peace.
Accessory Penalties:
Perpetual or temporary absolute
disqualification
Perpetual or temporary special
disqualification
Suspension from public office, the right to
vote and be voted for, the profession or
calling
Civil interdiction
Indemnification
Forfeiture or confiscation of instruments and
proceeds of the offense
Payment of costs
: The abovementioned are penalties imposed on
the criminal offenses being committed by
offenders.
Art. 26. When afflictive, correctional, or light
penalty. — A fine, whether imposed as a single
of as an alternative penalty, shall be
considered an afflictive penalty, if it exceeds
6,000 pesos; a correctional penalty, if it does
not exceed 6,000 pesos but is not less than
200 pesos; and a light penalty if it less than
200 pesos.
: This means you could just pay for bail, if what
you committed did not meet the penalties
mentioned in the preceding article.
Art. 27. Reclusion perpetua. – Any person
sentence to any of the perpetual penalties
shall be pardoned after undergoing the
penalty for thirty years, unless such person by
reason of his conduct or some other serious
cause shall be considered by the Chief
Executive as unworthy of pardon. (20 years
and 1 day to 40 years)
Reclusion temporal. – The penalty of reclusion
temporal shall be from twelve years and one
day to twenty years.
Prision mayor and temporary
disqualification. – The duration of the
penalties of prision mayor and temporary
disqualification shall be from six years and
one day to twelve years, except when the
penalty of disqualification is imposed as an
accessory penalty, in which case its duration
shall be that of the principal penalty.
Prision correccional, suspension, and
destierro. — The duration of the penalties of
prision correccional, suspension and destierro
shall be from six months and one day to six
years, except when suspension is imposed as
an accessory penalty, in which case, its
duration shall be that of the principal penalty.
Arresto mayor. — The duration of the penalty
of arresto mayor shall be from one month and
one day to six months.
Arresto menor. — The duration of the penalty
of arresto menor shall be from one day to
thirty days.
Bond to keep the peace. — The bond to keep
the peace shall be required to cover such
period of time as the court may determine.
: The abovementioned penalties are to be given
on offenders when they have committed a
crime, depending on the lightness and gravity of
the crime committed. The gravest being
Reclusion perpetua since the Death sentence has
been abolished. And bond to keep peace as the
lightest.
Art. 28. Computation of penalties. — If the
offender shall be in prison, the term of the
duration of the temporary penalties shall be
computed from the day on which the
judgment of conviction shall have become
final.
If the offender be not in prison, the term of
the duration of the penalty consisting of
deprivation of liberty shall be computed from
the day that the offender is placed at the
disposal of the judicial authorities for the
enforcement of the penalty. The duration of
the other penalties shall be computed only
from the day on which the defendant
commences to serve his sentence.
: This refers to the duration of the sentence.
Ex: True or false, a man was convicted of
Reclusion temporal after committing a crime of
homicide should be serving a sentence of twenty
years and one day to forty years?
A: False.
The Revised Penal Code provides that Reclusion
temporal is supposed to be served twelve years
and one day to twenty years.
In the case at bar, the man committed homicide
and was punished with Reclusion temporal. The
years that was mention in the prescription was
for Reclusion perpetua.
Art. 29. Period of preventive imprisonment
deducted from term of imprisonment. —
Offenders who have undergone preventive
imprisonment shall be credited in the service
of their sentence consisting of deprivation of
liberty, with the full time during which they
have undergone preventive imprisonment, if
the detention prisoner agrees voluntarily in
writing to abide by the same disciplinary rules
imposed upon convicted prisoners, except in
the following cases:
1. When they are recidivists or have been
convicted previously twice or more times of
any crime; and
2. When upon being summoned for the
execution of their sentence they have failed
to surrender voluntarily.
If the detention prisoner does not agree to
abide by the same disciplinary rules imposed
upon convicted prisoners, he shall be credited
in the service of his sentence with four-fifths
of the time during which he has undergone
preventive imprisonment.
Whenever an accused has undergone
preventive imprisonment for a period equal to
or more than the possible maximum
imprisonment of the offense charged to which
he may be sentenced and his case is not yet
terminated, he shall be released immediately
without prejudice to the continuation of the
trial thereof or the proceeding on appeal, if
the same is under review. In case the
maximum penalty to which the accused may
be sentenced is destierro, he shall be released
after thirty (30) days of preventive
imprisonment.
: This is in reference to offenders who have
served their sentences to prevent them from
committing another crime.
Art. 30. Effects of the penalties of perpetual
or temporary absolute disqualification. —
The penalties of perpetual or temporary
absolute disqualification for public office shall
produce the following effects:
1. The deprivation of the public offices and
employments which the offender may have
held even if conferred by popular election.
2. The deprivation of the right to vote in any
election for any popular office or to be
elected to such office.
3. The disqualification for the offices or public
employments and for the exercise of any of
the rights mentioned. In case of temporary
disqualification, such disqualification as is
comprised in paragraphs 2 and 3 of this article
shall last during the term of the sentence.
4. The loss of all rights to retirement pay or
other pension for any office formerly held.
: This is in line with the sentence: Public office
is a public trust.
Ex: A public officer committed a crime of rape
with murder. His final judgment was perpetual
or temporary absolute disqualification. Do you
agree with the judgment or not?
A: Yes, I agree with the judgment.
Public office is a public trust. And if a public
officer commenced such crime, he is not fit to
be trusted and must be stripped of his duties
and obligations to the public.
In the given case at bar, the public officer
committed rape with murder, therefore, he
cannot be trusted and must be stripped of his
office, duties and obligations as a public officer,
as public office is a public trust.
Art. 31. Effect of the penalties of perpetual
or temporary special disqualification. — The
penalties of perpetual or temporal special
disqualification for public office, profession or
calling shall produce the following effects:
1. The deprivation of the office, employment,
profession or calling affected;
2. The disqualification for holding similar
offices or employments either perpetually or
during the term of the sentence according to
the extent of such disqualification.
: People in office who had committed a crime
shall be deprived of their office. Like in royalty
for example, if the king commits a crime, he is
forced to abdicate and thereby stripped of his
title and office.
Art. 32. Effect of the penalties of perpetual or
temporary special disqualification for the
exercise of the right of suffrage. — The
perpetual or temporary special
disqualification for the exercise of the right of
suffrage shall deprive the offender
perpetually or during the term of the
sentence, according to the nature of said
penalty, of the right to vote in any popular
election for any public office or to be elected
to such office. Moreover, the offender shall
not be permitted to hold any public office
during the period of his disqualification.
: Again with connection to public office is a
public trust, the offender may not hold any
office during his term of sentence. They will be
deprived the right to vote in any popular
election for any public office.
Art. 33. Effects of the penalties of suspension
from any public office, profession or calling,
or the right of suffrage. — The suspension
from public office, profession or calling, and
the exercise of the right of suffrage shall
disqualify the offender from holding such
office or exercising such profession or calling
or right of suffrage during the term of the
sentence.
The person suspended from holding public
office shall not hold another having similar
functions during the period of his suspension.
: In connection with the holding of public office,
one may be suspended from holding public
office and shall not hold another having similar
functions during the period of his suspension.
Art. 34. Civil interdiction. — Civil interdiction
shall deprive the offender during the time of
his sentence of the rights of parental
authority, or guardianship, either as to the
person or property of any ward, of marital
authority, of the right to manage his property
and of the right to dispose of such property by
any act or any conveyance inter vivos.
: During the term of sentence, one who is
convicted is stripped of rights to parental
authority, guardianship, marital authority and
right to manage his property.
Art. 35. Effects of bond to keep the peace. —
It shall be the duty of any person sentenced to
give bond to keep the peace, to present two
sufficient sureties who shall undertake that
such person will not commit the offense
sought to be prevented, and that in case such
offense be committed they will pay the
amount determined by the court in the
judgment, or otherwise to deposit such
amount in the office of the clerk of the court
to guarantee said undertaking.
The court shall determine, according to its
discretion, the period of duration of the bond.
Should the person sentenced fail to give the
bond as required he shall be detained for a
period which shall in no case exceed six
months, is he shall have been prosecuted for a
grave or less grave felony, and shall not
exceed thirty days, if for a light felony.
: In connection to payment of any bail or bond,
as to keep the peace and sanctity of the place.
Art. 36. Pardon; its effect. — A pardon shall
not work the restoration of the right to hold
public office, or the right of suffrage, unless
such rights be expressly restored by the terms
of the pardon.
A pardon shall in no case exempt the culprit
from the payment of the civil indemnity
imposed upon him by the sentence.
: Pardon is differentiated from amnesty. As
pardon excuses the sentence but not the crime,
and amnesty excuses both the sentence and the
crime.
Art. 37. Cost; What are included. — Costs shall
include fees and indemnities in the course of
the judicial proceedings, whether they be
fixed or unalterable amounts previously
determined by law or regulations in force, or
amounts not subject to schedule.
: These are the fees included in paying the bail,
or other form of obligations you have when you
are accused.
Art. 38. Pecuniary liabilities; Order of
payment. — In case the property of the
offender should not be sufficient for the
payment of all his pecuniary liabilities, the
same shall be met in the following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.
: When things are to be repaired, or when things
are taken, its either you pay back the equal
amount in which the victim paid for it or you
find a way to repair it.
Art. 39. Subsidiary penalty. — If the convict
has no property with which to meet the fine
mentioned in the paragraph 3 of the nest
preceding article, he shall be subject to a
subsidiary personal liability at the rate of one
day for each eight pesos, subject to the
following rules:
1. If the principal penalty imposed be prision
correccional or arresto and fine, he shall
remain under confinement until his fine
referred to in the preceding paragraph is
satisfied, but his subsidiary imprisonment shall
not exceed one-third of the term of the
sentence, and in no case shall it continue for
more than one year, and no fraction or part of
a day shall be counted against the prisoner.
2. When the principal penalty imposed be only
a fine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have
been prosecuted for a grave or less grave
felony, and shall not exceed fifteen days, if
for a light felony.
3. When the principal imposed is higher than
prision correccional, no subsidiary
imprisonment shall be imposed upon the
culprit.
4. If the principal penalty imposed is not to be
executed by confinement in a penal
institution, but such penalty is of fixed
duration, the convict, during the period of
time established in the preceding rules, shall
continue to suffer the same deprivations as
those of which the principal penalty
consists.chan robles virtual law library
5. The subsidiary personal liability which the
convict may have suffered by reason of his
insolvency shall not relieve him, from the fine
in case his financial circumstances should
improve.
: This is in case a person convicted cannot pay
for the same, they will follow the
abovementioned guidelines with regard to
payment.
Art. 40. Death; Its accessory penalties. — The
death penalty, when it is not executed by
reason of commutation or pardon shall carry
with it that of perpetual absolute
disqualification and that of civil interdiction
during thirty years following the date
sentence, unless such accessory penalties
have been expressly remitted in the pardon.
: This has been abolished, so, at some point no
longer applicable. Although it is still included in
the RPC, it is respected as a resource.
Art. 41. Reclusion perpetua and reclusion
temporal; Their accessory penalties. — The
penalties of reclusion perpetua and reclusion
temporal shall carry with them that of civil
interdiction for life or during the period of the
sentence as the case may be, and that of
perpetual absolute disqualification which the
offender shall suffer even though pardoned as
to the principal penalty, unless the same shall
have been expressly remitted in the pardon.
Art. 42. Prision mayor; Its accessory
penalties. — The penalty of prision mayor,
shall carry with it that of temporary absolute
disqualification and that of perpetual special
disqualification from the right of suffrage
which the offender shall suffer although
pardoned as to the principal penalty, unless
the same shall have been expressly remitted
in the pardon.
Art. 43. Prision correccional; Its accessory
penalties. — The penalty of prision
correccional shall carry with it that of
suspension from public office, from the right
to follow a profession or calling, and that of
perpetual special disqualification from the
right of suffrage, if the duration of said
imprisonment shall exceed eighteen months.
The offender shall suffer the disqualification
provided in the article although pardoned as
to the principal penalty, unless the same shall
have been expressly remitted in the pardon.
Art. 44. Arresto; Its accessory penalties. —
The penalty of arresto shall carry with it that
of suspension of the right too hold office and
the right of suffrage during the term of the
sentence.
Art. 45. Confiscation and forfeiture of the
proceeds or instruments of the crime. — Every
penalty imposed for the commission of a
felony shall carry with it the forfeiture of the
proceeds of the crime and the instruments or
tools with which it was committed.
Such proceeds and instruments or tools shall
be confiscated and forfeited in favor of the
Government, unless they be property of a
third person not liable for the offense, but
those articles which are not subject of lawful
commerce shall be destroyed.
Art. 46. Penalty to be imposed upon
principals in general. — The penalty
prescribed by law for the commission of a
felony shall be imposed upon the principals in
the commission of such felony.
Whenever the law prescribes a penalty for a
felony is general terms, it shall be understood
as applicable to the consummated felony.
: This means, all the crimes have been on the
consummated stage.
Art. 47. In what cases the death penalty shall
not be imposed. — The death penalty shall be
imposed in all cases in which it must be
imposed under existing laws, except in the
following cases:
1. When the guilty person be more than
seventy years of age.
2. When upon appeal or revision of the case
by the Supreme court, all the members
thereof are not unanimous in their voting as
to the propriety of the imposition of the death
penalty. For the imposition of said penalty or
for the confirmation of a judgment of the
inferior court imposing the death sentence,
the Supreme Court shall render its decision
per curiam, which shall be signed by all
justices of said court, unless some member or
members thereof shall have been disqualified
from taking part in the consideration of the
case, in which even the unanimous vote and
signature of only the remaining justices shall
be required.
: Although the Death sentence is no longer
commutable, this is to be implemented once a
person is convicted.
Art. 48. Penalty for complex crimes. — When a
single act constitutes two or more grave or
less grave felonies, or when an offense is a
necessary means for committing the other,
the penalty for the most serious crime shall be
imposed, the same to be applied in its
maximum period.
: This is when a single act, becomes a crime.
Ex: In the intention of keeping the peace, a
police, fires a gun towards a robber, but since
the bullet did a projectile hitting another
bystander thereby killing two people. Was there
a complex crime committed?
A: Yes, there was.
Complex crime is defined as a single act that
constitutes two or more grave or less grave
felonies.
In the given case at bar, the police in the
intention of keeping the peace, although he
fired the gun at the robber, the bullet did a
projectile which hits a bystander, thus killing
them both.
Thus, the police committed a complex crime.
Art. 49. Penalty to be imposed upon the
principals when the crime committed is
different from that intended. — In cases in
which the felony committed is different from
that which the offender intended to commit,
the following rules shall be observed:
1. If the penalty prescribed for the felony
committed be higher than that corresponding
to the offense which the accused intended to
commit, the penalty corresponding to the
latter shall be imposed in its maximum period.
2. If the penalty prescribed for the felony
committed be lower than that corresponding
to the one which the accused intended to
commit, the penalty for the former shall be
imposed in its maximum period.
3. The rule established by the next preceding
paragraph shall not be applicable if the acts
committed by the guilty person shall also
constitute an attempt or frustration of
another crime, if the law prescribes a higher
penalty for either of the latter offenses, in
which case the penalty provided for the
attempted or the frustrated crime shall be
imposed in its maximum period.
: This is to be imposed on the principal criminal
regardless of praeter intentionem (or the crime
committed is different from what was
intended), the maximum is to be imposed.
Art. 50. Penalty to be imposed upon
principals of a frustrated crime. — The
penalty next lower in degree than that
prescribed by law for the consummated felony
shall be imposed upon the principal in a
frustrated felony.
: Referring to the graduated scale of penalties,
the penalty to be given in frustrated crime is
the next lower in degree.
Ex: A crime of frustrated rape is committed.
Rape is usually punishable with Reclusion
perpetua, but in the case of frustrated rape the
next lower degree punishment will be imposed
which is Reclusion temporal.
Art 51. Penalty to be imposed upon principals
of attempted crimes. — A penalty lower by
two degrees than that prescribed by law for
the consummated felony shall be imposed
upon the principals in an attempt to commit a
felony.
: This punishment say for example is to be
imposed on attempted rape, then two (2)
degrees lower which is Prision mayor.
Art. 52. Penalty to be imposed upon
accomplices in consummated crime. — The
penalty next lower in degree than that
prescribed by law for the consummated shall
be imposed upon the accomplices in the
commission of a consummated felony.
Art. 53. Penalty to be imposed upon
accessories to the commission of a
consummated felony. — The penalty lower by
two degrees than that prescribed by law for
the consummated felony shall be imposed
upon the accessories to the commission of a
consummated felony.
Art. 54. Penalty to imposed upon accomplices
in a frustrated crime. — The penalty next
lower in degree than prescribed by law for the
frustrated felony shall be imposed upon the
accomplices in the commission of a frustrated
felony.
Art. 55. Penalty to be imposed upon
accessories of a frustrated crime. — The
penalty lower by two degrees than that
prescribed by law for the frustrated felony
shall be imposed upon the accessories to the
commission of a frustrated felony.
Art. 56. Penalty to be imposed upon
accomplices in an attempted crime. — The
penalty next lower in degree than that
prescribed by law for an attempt to commit a
felony shall be imposed upon the accomplices
in an attempt to commit the felony.
Art. 57. Penalty to be imposed upon
accessories of an attempted crime. — The
penalty lower by two degrees than that
prescribed by law for the attempted felony
shall be imposed upon the accessories to the
attempt to commit a felony.
Art. 58. Additional penalty to be imposed
upon certain accessories. — Those accessories
falling within the terms of paragraphs 3 of
Article 19 of this Code who should act with
abuse of their public functions, shall suffer
the additional penalty of absolute perpetual
disqualification if the principal offender shall
be guilty of a grave felony, and that of
absolute temporary disqualification if he shall
be guilty of a less grave felony.
Art. 59. Penalty to be imposed in case of
failure to commit the crime because the
means employed or the aims sought are
impossible. — When the person intending to
commit an offense has already performed the
acts for the execution of the same but
nevertheless the crime was not produced by
reason of the fact that the act intended was
by its nature one of impossible
accomplishment or because the means
employed by such person are essentially
inadequate to produce the result desired by
him, the court, having in mind the social
danger and the degree of criminality shown by
the offender, shall impose upon him the
penalty of arresto mayor or a fine from 200 to
500 pesos.
: This is with connection to impossible crime,
where the crime committed and its way of
commission is so impossible.
Ex: A brother, on the intent of killing his
brother, bought a poison for his brother’s food.
But the pharmacist gave him cheese flavor
powder instead, which did not kill his brother.
Was an impossible crime committed or not?
A: Yes, there was an impossible crime
committed.
An impossible crime is a commencement of a
crime that the means of committing it is so
impossible that even with the intent of killing
the person did not affect the person instead.
In the case at bar, the brother with an intention
on killing his brother bought poison, but instead
was given cheese powder thereby not killing
him.
Art. 60. Exception to the rules established in
Articles 50 to 57. — The provisions contained
in Articles 50 to 57, inclusive, of this Code
shall not be applicable to cases in which the
law expressly prescribes the penalty provided
for a frustrated or attempted felony, or to be
imposed upon accomplices or accessories.
Art. 61. Rules for graduating penalties. — For
the purpose of graduating the penalties which,
according to the provisions of Articles 50 to
57, inclusive, of this Code, are to be imposed
upon persons guilty as principals of any
frustrated or attempted felony, or as
accomplices or accessories, the following rules
shall be observed:
1. When the penalty prescribed for the felony
is single and indivisible, the penalty next
lower in degrees shall be that immediately
following that indivisible penalty in the
respective graduated scale prescribed in
Article 71 of this Code.
2. When the penalty prescribed for the crime
is composed of two indivisible penalties, or of
one or more divisible penalties to be impose
to their full extent, the penalty next lower in
degree shall be that immediately following the
lesser of the penalties prescribed in the
respective graduated scale.
3. When the penalty prescribed for the crime
is composed of one or two indivisible penalties
and the maximum period of another divisible
penalty, the penalty next lower in degree
shall be composed of the medium and
minimum periods of the proper divisible
penalty and the maximum periods of the
proper divisible penalty and the maximum
period of that immediately following in said
respective graduated scale.
4. when the penalty prescribed for the crime
is composed of several periods, corresponding
to different divisible penalties, the penalty
next lower in degree shall be composed of the
period immediately following the minimum
prescribed and of the two next following,
which shall be taken from the penalty
prescribed, if possible; otherwise from the
penalty immediately following in the above
mentioned respective graduated scale.
5. When the law prescribes a penalty for a
crime in some manner not especially provided
for in the four preceding rules, the courts,
proceeding by analogy, shall impose
corresponding penalties upon those guilty as
principals of the frustrated felony, or of
attempt to commit the same, and upon
accomplices and accessories.
: This is in connection to the penalties once the
scale has graduated. Either the years get added
or subtracted.
Art. 62. Effect of the attendance of
mitigating or aggravating circumstances and
of habitual delinquency. — Mitigating or
aggravating circumstances and habitual
delinquency shall be taken into account for
the purpose of diminishing or increasing the
penalty in conformity with the following rules:
1. Aggravating circumstances which in
themselves constitute a crime specially
punishable by law or which are included by
the law in defining a crime and prescribing the
penalty therefor shall not be taken into
account for the purpose of increasing the
penalty.
2. The same rule shall apply with respect to
any aggravating circumstance inherent in the
crime to such a degree that it must of
necessity accompany the commission thereof.
3. Aggravating or mitigating circumstances
which arise from the moral attributes of the
offender, or from his private relations with
the offended party, or from any other
personal cause, shall only serve to aggravate
or mitigate the liability of the principals,
accomplices and accessories as to whom such
circumstances are attendant.
4. The circumstances which consist in the
material execution of the act, or in the means
employed to accomplish it, shall serve to
aggravate or mitigate the liability of those
persons only who had knowledge of them at
the time of the execution of the act or their
cooperation therein.
5. Habitual delinquency shall have the
following effects:
(a) Upon a third conviction the culprit shall be
sentenced to the penalty provided by law for
the last crime of which he be found guilty and
to the additional penalty of prision
correccional in its medium and maximum
periods;
(b) Upon a fourth conviction, the culprit shall
be sentenced to the penalty provided for the
last crime of which he be found guilty and to
the additional penalty of prision mayor in its
minimum and medium periods; and
(c) Upon a fifth or additional conviction, the
culprit shall be sentenced to the penalty
provided for the last crime of which he be
found guilty and to the additional penalty of
prision mayor in its maximum period to
reclusion temporal in its minimum period.
Notwithstanding the provisions of this article,
the total of the two penalties to be imposed
upon the offender, in conformity herewith,
shall in no case exceed 30 years.
For the purpose of this article, a person shall
be deemed to be habitual delinquent, is
within a period of ten years from the date of
his release or last conviction of the crimes of
serious or less serious physical injuries, robo,
hurto, estafa or falsification, he is found guilty
of any of said crimes a third time or oftener.
: This article pertains to when the aggravating
circumstance is offset by mitigating
circumstance and thus the computation is either
commuted or reduced. This is in the case of
serious physical injury, robbery, estafa,
homicide and this is referred to recidivists or
repeat offenders or habitual delinquents.
Art. 63. Rules for the application of
indivisible penalties. — In all cases in which
the law prescribes a single indivisible penalty,
it shall be applied by the courts regardless of
any mitigating or aggravating circumstances
that may have attended the commission of the
deed.
In all cases in which the law prescribes a
penalty composed of two indivisible penalties,
the following rules shall be observed in the
application thereof:
1. When in the commission of the deed there
is present only one aggravating circumstance,
the greater penalty shall be applied.
: If the crime committed is in the aggravating
circumstance, the greater penalty is given, this
includes:
1) Reclusion perpetua
2) Reclusion temporal
2. When there are neither mitigating nor
aggravating circumstances and there is no
aggravating circumstance, the lesser penalty
shall be applied.
: If both the mitigating and aggravating are
missing in the element of the crime, a lesser
penalty shall be applied. This pertains to:
1) Prision mayor
2) Arresto mayor
3) Arresto menor
3. When the commission of the act is attended
by some mitigating circumstances and there is
no aggravating circumstance, the lesser
penalty shall be applied.
: This is in the presence of a mitigating
circumstance but no aggravating, a lesser
penalty is to be administered.
4. When both mitigating and aggravating
circumstances attended the commission of the
act, the court shall reasonably allow them to
offset one another in consideration of their
number and importance, for the purpose of
applying the penalty in accordance with the
preceding rules, according to the result of
such compensation.
: This is in the case where both are present,
then one can offset the other by either reducing
the number of years.
Art. 64. Rules for the application of penalties
which contain three periods. — In cases in
which the penalties prescribed by law contain
three periods, whether it be a single divisible
penalty or composed of three different
penalties, each one of which forms a period in
accordance with the provisions of Articles 76
and 77, the court shall observe for the
application of the penalty the following rules,
according to whether there are or are not
mitigating or aggravating circumstances:
1. When there are neither aggravating nor
mitigating circumstances, they shall impose
the penalty prescribed by law in its medium
period.
: This is in case neither the aggravating nor
mitigating is present, the medium penalty is
given.
2. When only a mitigating circumstances is
present in the commission of the act, they
shall impose the penalty in its minimum
period.
: In this case, the minimum period (it may be
arresto menor or bond) that will be given as
punishment to the accused.
3. When an aggravating circumstance is
present in the commission of the act, they
shall impose the penalty in its maximum
period.
: Granting in this case that an aggravating
circumstance was present in the commission of
the crime, maximum is to be implemented:
Reclusion perpetua.
4. When both mitigating and aggravating
circumstances are present, the court shall
reasonably offset those of one class against
the other according to their relative weight.
: In the case at bar, one may offset the other
granting that both the mitigating and
aggravating is present in the commencement of
the crime.
5. When there are two or more mitigating
circumstances and no aggravating
circumstances are present, the court shall
impose the penalty next lower to that
prescribed by law, in the period that it may
deem applicable, according to the number and
nature of such circumstances.
: In the case where there two or more
mitigating circumstances but no aggravating
present, the court shall impose a lower penalty
than that prescribed by law.
6. Whatever may be the number and nature of
the aggravating circumstances, the courts
shall not impose a greater penalty than that
prescribed by law, in its maximum period.
: Death may not be imposed regardless of how
aggravating the circumstances are.
7. Within the limits of each period, the court
shall determine the extent of the penalty
according to the number and nature of the
aggravating and mitigating circumstances and
the greater and lesser extent of the evil
produced by the crime.
: This is in favor of the gravity of the crime
commenced by the offender.
Art. 65. Rule in cases in which the penalty is
not composed of three periods. — In cases in
which the penalty prescribed by law is not
composed of three periods, the courts shall
apply the rules contained in the foregoing
articles, dividing into three equal portions of
time included in the penalty prescribed, and
forming one period of each of the three
portions.
: Instead of doing three (3) separate periods of
penalty, it will be done consecutively at the
same time.
Art. 66. Imposition of fines. — In imposing
fines the courts may fix any amount within
the limits established by law; in fixing the
amount in each case attention shall be given,
not only to the mitigating and aggravating
circumstances, but more particularly to the
wealth or means of the culprit.
: Fines that could be accommodated by the
wealth or means of the culprit are to be
adjusted in case he/she may not be able to pay.
This is to be determined by the courts.
Art. 67. Penalty to be imposed when not all
the requisites of exemption of the fourth
circumstance of Article 12 are present.—
When all the conditions required in
circumstances Number 4 of Article 12 of this
Code to exempt from criminal liability are not
present, the penalty of arresto mayor in its
maximum period to prision correccional in its
minimum period shall be imposed upon the
culprit if he shall have been guilty of a grave
felony, and arresto mayor in its minimum and
medium periods, if of a less grave felony.
: This is to be given on the case of any person
who, while performing a lawful act with due
care, causes an injury by mere accident without
fault or intention of causing it, as provided by
the Penal Code, under paragraph 4 of Art. 12,
then the maximum period of arresto mayor to
the minimum period of prision correccional is to
be imposed.
Art. 68. Penalty to be imposed upon a person
under eighteen years of age. — When the
offender is a minor under eighteen years and
his case is one coming under the provisions of
the paragraphs next to the last of Article 80 of
this Code, the following rules shall be
observed:
1. Upon a person under fifteen but over nine
years of age, who is not exempted from
liability by reason of the court having declared
that he acted with discernment, a 9. Perpetual absolute disqualification,
discretionary penalty shall be imposed, but
always lower by two degrees at least than that
prescribed by law for the crime which he
committed.
2. Upon a person over fifteen and under
eighteen years of age the penalty next lower
than that prescribed by law shall be imposed,
but always in the proper period.
: This is in connection to offenders who are
minors, but upon reaching 18 may be tried as an
adult.
Art. 69. Penalty to be imposed when the
crime committed is not wholly excusable. — A
penalty lower by one or two degrees than that
prescribed by law shall be imposed if the deed
is not wholly excusable by reason of the lack
of some of the conditions required to justify
the same or to exempt from criminal liability
in the several cases mentioned in Article 11
and 12, provided that the majority of such
conditions be present. The courts shall impose
the penalty in the period which may be
deemed proper, in view of the number and
nature of the conditions of exemption present
or lacking.
: With connection to Justifying Circumstances
and Circumstances which exempt from criminal
liability, the penalty is either one or two degree
lower, and may be imposed only in the number
and nature of the conditions of exemption
present or lacking.
Art. 70. Successive service of sentence. —
When the culprit has to serve two or more
penalties, he shall serve them simultaneously
if the nature of the penalties will so permit
otherwise, the following rules shall be
observed:
In the imposition of the penalties, the order of
their respective severity shall be followed so
that they may be executed successively or as
nearly as may be possible, should a pardon
have been granted as to the penalty or
penalties first imposed, or should they have
been served out.
For the purpose of applying the provisions of
the next preceding paragraph the respective
severity of the penalties shall be determined
in accordance with the following scale:
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,chan robles virtual law
library
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
10 Temporal absolute disqualification.
11. Suspension from public office, the right to
vote and be voted for, the right to follow a
profession or calling, and
12. Public censure.
Notwithstanding the provisions of the rule
next preceding, the maximum duration of the
convict's sentence shall not be more than
three-fold the length of time corresponding to
the most severe of the penalties imposed
upon him. No other penalty to which he may
be liable shall be inflicted after the sum total
of those imposed equals the same maximum
period.
Such maximum period shall in no case exceed
forty years.
In applying the provisions of this rule the
duration of perpetual penalties (pena
perpetua) shall be computed at thirty years.
: The best rule for this article is the three-fold
rule, where instead of serving three sentences
at different periods, they all get served at the
same period at the maximum period possible.
Ex: A man committing robbery, with kidnapping
and murder has been sentenced to Reclusion
perpetua for each crime he has committed. If
you were the judge presiding over the case, how
would you decide over how he should serve his
sentence?
A: Following the three-fold rule though he has
committed three distinct crimes of different
titles, the man should be serving the maximum
sentence of Reclusion perpetua or 20 years and
1 day to 40 years. Instead of adding all three must be understood that the accessory
which are punishable with Reclusion perpetua penalties are also imposed upon the convict.
which equals 120 years, it will be reduced to 40
years instead. : The provisions of Art. 40, 41, 42, 43 and 44
shall also be imposed on the convict who has
Art. 71. Graduated scales. — In the case in been accessory to the crime.
which the law prescribed a penalty lower or
higher by one or more degrees than another Art. 74. Penalty higher than reclusion
given penalty, the rules prescribed in Article perpetua in certain cases. — In cases in which
61 shall be observed in graduating such the law prescribes a penalty higher than
penalty. another given penalty, without specially
The lower or higher penalty shall be taken designating the name of the former, if such
from the graduated scale in which is higher penalty should be that of death, the
comprised the given penalty. same penalty and the accessory penalties of
The courts, in applying such lower or higher Article 40, shall be considered as the next
penalty, shall observe the following graduated higher penalty.
scales:
SCALE NO. 1 : Since the Death penalty has been abolished,
1. Death, the next higher penalty next to Reclusion
2. Reclusion perpetua, perpetua, which in this case may be life
3. Reclusion temporal, imprisonment (although we do not say so), is
4. Prision mayor, next the next possible punishment or the
5. Prision correccional, application of the three-fold rule.
6. Arresto mayor,
7. Destierro, Art. 75. Increasing or reducing the penalty of
8. Arresto menor, fine by one or more degrees. — Whenever it
9. Public censure, may be necessary to increase or reduce the
10. Fine. penalty of fine by one or more degrees, it
shall be increased or reduced, respectively,
SCALE NO. 2 for each degree, by one-fourth of the
1. Perpetual absolute disqualification, maximum amount prescribed by law, without
2. Temporal absolute disqualification however, changing the minimum.
3. Suspension from public office, the right to The same rules shall be observed with regard
vote and be of fines that do not consist of a fixed amount,
voted for, the right to follow a profession or but are made proportional.
calling,
4. Public censure, : Depending on the degree of the crime, is the
5. Fine. basis of how the fine must be paid.

: The abovementioned scales of penalty shall be Art. 76. Legal period of duration of divisible
followed when imposing the punishment on the penalties. — The legal period of duration of
accused. divisible penalties shall be considered as
divided into three parts, forming three
Art. 72. Preference in the payment of the civil periods, the minimum, the medium, and the
liabilities. — The civil liabilities of a person maximum in the manner shown in the
found guilty of two or more offenses shall be following table:
satisfied by following the chronological order
of the dates of the judgments rendered Penalties RT PM, PC, AM Am
against him, beginning with the first in order AD, S, D
of time. SD
Entirety 12 6 yrs 6 1 1-30
: This refers to the payment and civil liability of yrs & 1 mos. mon days
an individual as to when he or she should pay for & 1 day & 1 th &
such liability beginning with the first. day – 12 day 1
– 20 yrs – 6 day
Art. 73. Presumption in regard to the yrs. yrs – 6
imposition of accessory penalties. — mos.
Whenever the courts shall impose a penalty Minimum 12 6 yrs 6 1-2 1-10
which, by provision of law, carries with it yrs & 1 mos. mos. days
other penalties, according to the provisions of & 1 day & 1
Articles 40, 41, 42, 43 and 44 of this Code, it day – 8 day
 – 14 yrs – 2 relations of the convicts among themselves
yrs yrs and other persons, the relief which they may
& 8 & 4 receive, and their diet.
mos. mos. The regulations shall make provision for the
Medium 14 8 yrs 2 2 11- separation of the sexes in different
yrs & 1 yrs, mos. 20 institutions, or at least into different
& 8 day 4 & 1 days departments and also for the correction and
mos. – 10 mos. day reform of the convicts.
– 17 yrs & 1 – 4
yrs, day mos. : The penalty is to be imposed once final
4 – 4 judgment has been served to the accused.
mos. yrs
& 2 Art. 79. Suspension of the execution and
mos. service of the penalties in case of insanity. —
Maximum 17 10 4 4 21- When a convict shall become insane or an
yrs, yrs yrs, mos. 30 imbecile after final sentence has been
4 & 1 2 & 1 days pronounced, the execution of said sentence
mos. day mos. day shall be suspended only with regard to the
& 1 – 12 & 1 – 6 personal penalty, the provisions of the second
day yrs day mos. paragraph of circumstance number 1 of Article
– 20 – 6 12 being observed in the corresponding cases.
yrs. yrs. If at any time the convict shall recover his
reason, his sentence shall be executed, unless
RT–Reclusion Temporal PC–Prision Correccional the penalty shall have prescribed in
PM – Prision Mayor S -Suspension accordance with the provisions of this Code.
AD – Absolute Disqualification D - Destierro The respective provisions of this section shall
SD – Special Disqualification AM – Arresto Mayor also be observed if the insanity or imbecility
Am – Arresto Menor occurs while the convict is serving his
sentence.
Art. 77. When the penalty is a complex one
composed of three distinct penalties. — In : If during the entirety of the sentence, an
cases in which the law prescribes a penalty accused becomes insane or an imbecile, his
composed of three distinct penalties, each sentence will be commuted, and should his
one shall form a period; the lightest of them sanity regain, will his sentence resume. Only in
shall be the minimum the next the medium, these special cases will the sentence be
and the most severe the maximum period. commuted.
Whenever the penalty prescribed does not
have one of the forms specially provided for in Art. 80. Suspension of sentence of minor
this Code, the periods shall be distributed, delinquents. — Whenever a minor of either
applying by analogy the prescribed rules. sex, under sixteen years of age at the date of
the commission of a grave or less grave felony,
: If the crime prescribes three (3) distinct is accused thereof, the court, after hearing
penalties, each will form one period: minimum, the evidence in the proper proceedings,
medium and maximum. From the lightest to the instead of pronouncing judgment of
most severe punishment to be imposed on the conviction, shall suspend all further
accused. proceedings and shall commit such minor to
the custody or care of a public or private,
Art. 78. When and how a penalty is to be benevolent or charitable institution,
executed. — No penalty shall be executed established under the law of the care,
except by virtue of a final judgment. correction or education of orphaned,
A penalty shall not be executed in any other homeless, defective, and delinquent children,
form than that prescribed by law, nor with or to the custody or care of any other
any other circumstances or incidents than responsible person in any other place subject
those expressly authorized thereby. to visitation and supervision by the Director of
In addition to the provisions of the law, the Public Welfare or any of his agents or
special regulations prescribed for the representatives, if there be any, or otherwise
government of the institutions in which the by the superintendent of public schools or his
penalties are to be suffered shall be observed representatives, subject to such conditions as
with regard to the character of the work to be are prescribed herein below until such minor
performed, the time of its performance, and shall have reached his majority age or for such
other incidents connected therewith, the less period as the court may deem proper.
The court, in committing said minor as
provided above, shall take into consideration
the religion of such minor, his parents or next
of kin, in order to avoid his commitment to
any private institution not under the control
and supervision of the religious sect or
denomination to which they belong.
The Director of Public Welfare or his duly
authorized representatives or agents, the
superintendent of public schools or his
representatives, or the person to whose
custody or care the minor has been
committed, shall submit to the court every
four months and as often as required in
special cases, a written report on the good or
bad conduct of said minor and the moral and
intellectual progress made by him.
The suspension of the proceedings against a
minor may be extended or shortened by the
court on the recommendation of the Director
of Public Welfare or his authorized
representative or agents, or the
superintendent of public schools or his
representatives, according as to whether the
conduct of such minor has been good or not
and whether he has complied with the
conditions imposed upon him, or not. The
provisions of the first paragraph of this article
shall not, however, be affected by those
contained herein.
If the minor has been committed to the
custody or care of any of the institutions
mentioned in the first paragraph of this
article, with the approval of the Director of
Public Welfare and subject to such conditions
as this official in accordance with law may
deem proper to impose, such minor may be
allowed to stay elsewhere under the care of a
responsible person.
If the minor has behaved properly and has
complied with the conditions imposed upon
him during his confinement, in accordance
with the provisions of this article, he shall be
returned to the court in order that the same
may order his final release.
In case the minor fails to behave properly or
to comply with the regulations of the
institution to which he has been committed or
with the conditions imposed upon him when
he was committed to the care of a responsible
person, or in case he should be found
incorrigible or his continued stay in such
institution should be inadvisable, he shall be
returned to the court in order that the same
may render the judgment corresponding to
the crime committed by him.
The expenses for the maintenance of a minor
delinquent confined in the institution to
which he has been committed, shall be borne
totally or partially by his parents or relatives
or those persons liable to support him, if they
are able to do so, in the discretion of the
court; Provided, That in case his parents or
relatives or those persons liable to support
him have not been ordered to pay said
expenses or are found indigent and cannot
pay said expenses, the municipality in which
the offense was committed shall pay one-third
of said expenses; the province to which the
municipality belongs shall pay one-third; and
the remaining one-third shall be borne by the
National Government: Provided, however,
That whenever the Secretary of Finance
certifies that a municipality is not able to pay
its share in the expenses above mentioned,
such share which is not paid by said
municipality shall be borne by the National
Government. Chartered cities shall pay two-
thirds of said expenses; and in case a
chartered city cannot pay said expenses, the
internal revenue allotments which may be due
to said city shall be withheld and applied in
settlement of said indebtedness in accordance
with section five hundred and eighty-eight of
the Administrative Code.
: This article is connected with children in
conflict with the law who has been deemed as a
convict although minority in age. The
abovementioned article will prevail in cases
such as these.
Art. 81-85
: These articles pertain to the Death sentences,
where the burial of the corpse should take
place, or if in case the person to be executed is
a female (who in this case may be pregnant),
and where the execution will take place.
Art. 86. Reclusion perpetua, reclusion
temporal, prision mayor, prision correccional
and arresto mayor. — The 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
or which may be provided by law in the
future.
: This article provides where the convicts
serving the 1st scale of penalties are serving out
there sentences.
Art. 87. Destierro. — Any person sentenced to
destierro shall not be permitted to enter the
place or places designated in the sentence,
nor within the radius therein specified, which
shall be not more than 250 and not less than
25 kilometers from the place designated.
: This article refers to the accused until where
is his jurisdiction if he aggravated someone.
Art. 88. Arresto menor. — The penalty of
arresto menor shall be served in the municipal
jail, or in the house of the defendant himself
under the surveillance of an officer of the
law, when the court so provides in its
decision, taking into consideration the health
of the offender and other reasons which may
seem satisfactory to it.
: This article refers to where the accused will
serve out his sentence should he be imposed
upon the penalty of arresto menor.
Art. 89. How criminal liability is totally
extinguished. — Criminal liability is totally
extinguished:
1. By the death of the convict, as to the
personal penalties and as to pecuniary
penalties, liability therefor is extinguished
only when the death of the offender occurs
before final judgment.
: This refers to, when the during the service of
the sentence, the convict dies, the sentence
dies with him.
2. By service of the sentence;
: Upon finishing the service of the sentence, this
is when the criminal liability gets extinguished.
3. By amnesty, which completely extinguishes
the penalty and all its effects;
: Amnesty defined: the crime and the sentence
is totally extinguished
4. By absolute pardon;
: Pardon defined: it excuses the sentence, but
not the liability, but in the case of absolute
pardon, everything is extinguished.
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as
provided in Article 344 of this Code.
: In the case of rape, should the rape victim
marry the rapist, the liability of the rapist will
be extinguished.
Art. 90. Prescription of crime. — Crimes
punishable by death, reclusion perpetua or
reclusion temporal shall prescribe in twenty
years.
Crimes punishable by other afflictive penalties
shall prescribe in fifteen years.
Those punishable by a correctional penalty
shall prescribe in ten years; with the
exception of those punishable by arresto
mayor, which shall prescribe in five years.
The crime of libel or other similar offenses
shall prescribe in one year.
The crime of oral defamation and slander by
deed shall prescribe in six months.
Light offenses prescribe in two months.
When the penalty fixed by law is a compound
one, the highest penalty shall be made the
basis of the application of the rules contained
in the first, second and third paragraphs of
this article.
: This refers to the crime committed and what
are the years to be served out.
Art. 91. Computation of prescription of
offenses. — The period of prescription shall
commence to run from the day on which the
crime is discovered by the offended party, the
authorities, or their agents, and shall be
interrupted by the filing of the complaint or
information, and shall commence to run again
when such proceedings terminate without the
accused being convicted or acquitted, or are
unjustifiably stopped for any reason not
imputable to him.
The term of prescription shall not run when
the offender is absent from the Philippine
Archipelago.
: This article refers to the day when the crime
has been discovered by the authorities and
should the convict flee to another country, his
term of sentence will be interrupted and would
resume should he come back to the Philippines.
Art. 92. When and how penalties prescribe. —
The penalties imposed by final sentence
prescribe as follows:
1. Death and reclusion perpetua, in twenty
years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with
the exception of the penalty of arresto mayor,
which prescribes in five years;
4. Light penalties, in one year.
Art. 93. Computation of the prescription of
penalties. — The period of prescription of
penalties shall commence to run from the
date when the culprit should evade the
service of his sentence, and it shall be
interrupted if the defendant should give
himself up, be captured, should go to some
foreign country with which this Government
has no extradition treaty, or should commit
another crime before the expiration of the
period of prescription.
Art. 94. Partial Extinction of criminal
liability. — Criminal liability is extinguished
partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the
culprit may earn while he is serving his
sentence.
: This occurs when the person serving the
sentence has been pardoned, his sentence has
been cut or commuted and he has done good
conduct.
Art. 95. Obligation incurred by person
granted conditional pardon. — Any person
who has been granted conditional pardon shall
incur the obligation of complying strictly with
the conditions imposed therein otherwise, his
non-compliance with any of the conditions
specified shall result in the revocation of the
pardon and the provisions of Article 159 shall
be applied to him.
: Those who have been pardoned have to follow
rules so as not to be convicted again.
Art. 96. Effect of commutation of sentence. —
The commutation of the original sentence for
another of a different length and nature shall
have the legal effect of substituting the latter
in the place of the former.
Art. 97. Allowance for good conduct. — The
good conduct of any prisoner in any penal
institution shall entitle him to the following
deductions from the period of his sentence:
1. During the first two years of his
imprisonment, he shall be allowed a deduction
of five days for each month of good behavior;
2. During the third to the fifth year, inclusive,
of his imprisonment, he shall be allowed a
deduction of eight days for each month of
good behavior;
3. During the following years until the tenth
year, inclusive, of his imprisonment, he shall
be allowed a deduction of ten days for each
month of good behavior; and
4. During the eleventh and successive years of
his imprisonment, he shall be allowed a
deduction of fifteen days for each month of
good behavior.
: This goes to show, that for every good
behavior a convict has shown inside the prison
cell, the days in the term of sentence shall be
reduced.
Art. 98. Special time allowance for loyalty. —
A deduction of one-fifth of the period of his
sentence shall be granted to any prisoner
who, having evaded the service of his
sentence under the circumstances mentioned
in Article 58 of this Code, gives himself up to
the authorities within 48 hours following the
issuance of a proclamation announcing the
passing away of the calamity or catastrophe to
in said article.
: This occurs when a convict gives himself up
after forty-eight (48) hours. His sentence gets
commuted and 1/5th of the sentence is removed.
Art. 99. Who grants time allowances. —
Whenever lawfully justified, the Director of
Prisons shall grant allowances for good
conduct. Such allowances once granted shall
not be revoked.
: It is the Director of Prisons who grants the
allowance for every good conduct.
Art. 100. Civil liability of a person guilty of
felony. — Every person criminally liable for a
felony is also civilly liable.
: It is true for those who has a criminal liability
has a civil liability (against persons, thing or
moral as dictated by Art. 19, 20 and 21 of the
Civil Code).
Art. 101. Rules regarding civil liability in
certain cases. — The exemption from criminal
liability established in subdivisions 1, 2, 3, 5
and 6 of Article 12 and in subdivision 4 of
Article 11 of this Code does not include
exemption from civil liability, which shall be
enforced subject to the following rules:
First. In cases of subdivisions 1, 2, and 3 of
Article 12, the civil liability for acts
committed by an imbecile or insane person,
and by a person under nine years of age, or by
one over nine but under fifteen years of age,
who has acted without discernment, shall
devolve upon those having such person under
their legal authority or control, unless it
appears that there was no fault or negligence
on their part.
Should there be no person having such insane,
imbecile or minor under his authority, legal
guardianship or control, or if such person be
insolvent, said insane, imbecile, or minor shall
respond with their own property, excepting
property exempt from execution, in
accordance with the civil law.
Second. In cases falling within subdivision 4 of
Article 11, the persons for whose benefit the
harm has been prevented shall be civilly liable
in proportion to the benefit which they may
have received.
The courts shall determine, in sound
discretion, the proportionate amount for
which each one shall be liable.
When the respective shares cannot be
equitably determined, even approximately, or
when the liability also attaches to the
Government, or to the majority of the
inhabitants of the town, and, in all events,
whenever the damages have been caused with
the consent of the authorities or their agents,
indemnification shall be made in the manner
prescribed by special laws or regulations.
Third. In cases falling within subdivisions 5
and 6 of Article 12, the persons using violence
or causing the fears shall be primarily liable
and secondarily, or, if there be no such
persons, those doing the act shall be liable,
saving always to the latter that part of their
property exempt from execution.
: Still this is in connection to Arts. 19-21 of the
Civil Code of the Philippines.
Art. 102. Subsidiary civil liability of
innkeepers, tavernkeepers and proprietors of
establishments. — In default of the persons
criminally liable, innkeepers, tavernkeepers,
and any other persons or corporations shall be
civilly liable for crimes committed in their
establishments, in all cases where a violation
of municipal ordinances or some general or
special police regulation shall have been
committed by them or their employees.
Innkeepers are also subsidiarily liable for the
restitution of goods taken by robbery or theft
within their houses from guests lodging
therein, or for the payment of the value
thereof, provided that such guests shall have
notified in advance the innkeeper himself, or
the person representing him, of the deposit of
such goods within the inn; and shall
furthermore have followed the directions
which such innkeeper or his representative
may have given them with respect to the care
and vigilance over such goods. No liability
shall attach in case of robbery with violence
against or intimidation of persons unless
committed by the innkeeper's employees.
: In business establishments, the manager or
owner is liable civilly if anything went missing or
was stolen. Same goes with the staff of the
manager, if they committed a crime, the
manager is held liable for their crimes.
Art. 103. Subsidiary civil liability of other
persons. — The subsidiary liability established
in the next preceding article shall also apply
to employers, teachers, persons, and
corporations engaged in any kind of industry
for felonies committed by their servants,
pupils, workmen, apprentices, or employees
in the discharge of their duties.
: It is also applicable to employers, teachers,
persons and discharges.
Art. 104. What is included in civil liability. —
The civil liability established in Articles 100,
101, 102, and 103 of this Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.
Art. 105. Restitution; How made. — The
restitution of the thing itself must be made
whenever possible, with allowance for any
deterioration, or diminution of value as
determined by the court.
The thing itself shall be restored, even though
it be found in the possession of a third person
who has acquired it by lawful means, saving to
the latter his action against the proper
person, who may be liable to him.
This provision is not applicable in cases in
which the thing has been acquired by the
third person in the manner and under the
requirements which, by law, bar an action for
its recovery.
: The return of the value of such stolen object.
Or if it has sentimental value, you must return
the same or higher value.
Ex: A man who in exchange for transportation
took a pin of inestimable value from a woman
and her family. And because of that they were
killed in the gas chambers. Should the next of
kin have a right on the pin?
A: Yes, the next of kin has a right.
If in any way, an object of value taken by force
from a person should be returned to the next of
kin, should the person pass on to the next life.
In the case at bar, a pin of inestimable value
was taken from a woman and his family, in
exchange they had to die in the gas chambers,
her next of kin is claiming for the pin, and since
she has passed away, the next of kin has a right
to the pin.
Art. 106. Reparation; How made. — The court
shall determine the amount of damage, taking
into consideration the price of the thing,
whenever possible, and its special sentimental
value to the injured party, and reparation
shall be made accordingly.
: When the object taken is damaged, one must
have it repaired to its original value.
Art. 107. Indemnification; What is included. —
Indemnification for consequential damages
shall include not only those caused the
injured party, but also those suffered by his
family or by a third person by reason of the
crime.
: This includes paying to the family of the
person whom the damage has been brought it
upon.
Art. 108. Obligation to make restoration,
reparation for damages, or indemnification
for consequential damages and actions to
demand the same; Upon whom it devolves. —
The obligation to make restoration or
reparation for damages and indemnification
for consequential damages devolves upon the
heirs of the person liable.
The action to demand restoration, reparation,
and indemnification likewise descends to the
heirs of the person injured.
: This is to the heirs of the person to whom the
damage has been brought upon, all obligations
of repair, indemnification and restoration.
Art. 109. Share of each person civilly liable. —
If there are two or more persons civilly liable
for a felony, the courts shall determine the
amount for which each must respond.
: Each person who is civilly liable must pay an
amount as determined by the courts.
Art. 110. Several and subsidiary liability of
principals, accomplices and accessories of a
felony; Preference in payment. — 2)
Notwithstanding the provisions of the next
preceding article, the principals, accomplices,
and accessories, each within their respective
class, shall be liable severally (in solidum)
among themselves for their quotas, and
subsidiaries for those of the other persons
liable.
The subsidiary liability shall be enforced, first
against the property of the principals; next,
against that of the accomplices, and, lastly,
against that of the accessories.
Whenever the liability in solidum or the
subsidiary liability has been enforced, the
person by whom payment has been made shall
have a right of action against the others for
the amount of their respective shares.
Art. 111. Obligation to make restitution in
certain cases. — Any person who has
participated gratuitously in the proceeds of a
felony shall be bound to make restitution in
an amount equivalent to the extent of such
participation.
: For accomplices who took part in a commission
of the crime is liable as well and must pay that
which is payable.
Art. 112. Extinction of civil liability. — Civil
liability established in Articles 100, 101, 102,
and 103 of this Code shall be extinguished in
the same manner as obligations, in accordance
with the provisions of the Civil Law.
: Civil liability is extinguished according with the
provisions of the Civil Law.
Art. 113. Obligation to satisfy civil liability. —
Except in case of extinction of his civil liability
as provided in the next preceding article the
offender shall continue to be obliged to satisfy
the civil liability resulting from the crime
committed by him, notwithstanding the fact
that he has served his sentence consisting of
deprivation of liberty or other rights, or has
not been required to serve the same by
reason of amnesty, pardon, commutation of
sentence or any other reason.
: If the person’s civil liability is not yet
extinguished then his obligation to pay for such
liability goes on until it has been satisfied.
Act no. 4013 Indeterminate Sentence Law
(ISLAW)
Three (3) things to know about the
Indeterminate Sentence Law:
1) Its purpose;
Instances when it does not apply; and
3) How it operates
Indeterminate Sentence Law governs whether
the crime is punishable under the Revised Penal
Code or a special Law. It is not limited to
violations of the Revised Penal Code.
The purpose of the Indeterminate Sentence law
is to avoid prolonged imprisonment, because it
is proven to be more destructive than
constructive to the offender. So, the purpose of
the Indeterminate Sentence Law in shortening
the possible detention of the convict in jail is to
save valuable human resources.
In determining the applicable penalty according
to the Indeterminate Sentence Law, there is no
need to mention the number of years, months
and days; it is enough that the name of the
penalty is mentioned while the Indeterminate
Sentence Law is applied.
Crimes punished under special law carry only
one penalty; there are no degree or periods.
Moreover, crimes under special law do not
consider mitigating or aggravating circumstance
present in the commission of the crime.
Disqualification may be divided into three,
according to –
(1) The time committed;
(2) The penalty imposed; and
(3) The offender involved.

The Indeterminate Sentence Law shall not apply
to:
(1) Persons convicted of offense punishable
with death penalty or life imprisonment;
(2) Persons convicted of treason,
conspiracy or proposal to commit treason;
(3) Persons convicted of misprision of
treason, rebellion, sedition, espionage;
(4) Persons convicted of piracy;
(5) Persons who are habitual delinquents;
(6) Persons who shall have escaped from
confinement or evaded sentence;
(7) Those who have been granted
conditional pardon by the Chief Executive and
hall have violated the term thereto;
(8) Those whose maximum term of
imprisonment does not exceed one year, but not
to those already sentenced by final judgment at
the time of the approval of Indeterminate
Sentence Law.
Presidential Decree No. 968 (Probation Law)
Probation is a manner of disposing of an accused
who have been convicted by a trial court by
placing him under supervision of a probation
officer, under such terms and conditions that
the court may fix. This may be availed of
before the convict begins serving sentence by
final judgment and provided that he did not
appeal anymore from conviction.
Without regard to the nature of the crime, only
those whose penalty does not exceed six years
of imprisonment are those qualified for
probation. If the penalty is six years plus one
day, he is no longer qualified for probation.
If the offender was convicted of several offenses
which were tried jointly and one decision was
rendered where multiple sentences imposed
several prison terms as penalty, the basis for
determining whether the penalty disqualifies
the offender from probation or not is the term
of the individual imprisonment and not the
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?
A: As a general rule, no.
Exception: If the earlier conviction refers to a
crime the penalty of which does not exceed 30
days imprisonment or a fine of not more than
P200.00, such convict is not disqualified of the
benefit of probation. So even if he would be
convicted subsequently of a crime embraced in
the same title of the Revised Penal Code as that
of the earlier conviction, he is not disqualified
from probation provided that the penalty of the
current crime committed does not go beyond six
years and the nature of the crime committed by
him is not against public order, national security
or subversion.
Although a person may be eligible for probation,
the moment he perfects an appeal from the
judgment of conviction, he cannot avail of
probation anymore. So the benefit of probation
must be invoked at the earliest instance after
conviction. He should not wait up to the time
when he interposes an appeal or the sentence
has become final and executory. The idea is
that probation has to be invoked at the earliest
opportunity.
Probation shall be denied if the court finds:
(1) That the offender is in need of
correctional treatment that can be provided
most effectively by his commitment to an
institution;
(2) That there is undue risk that during the
period of probation the offender will commit
another crime; or
(3) Probation will depreciate the
seriousness of the crime.
The probation law imposes two kinds of
conditions:
(1) Mandatory conditions; and
(2) Discretionary conditions.
Mandatory conditions:
(1) The convict must report to the
Probation Officer (PO) designated in the court
order approving his application for Probation
within 72 hours from receipt of Notice of such
order approving his application; and
(2) The convict, as a probationer, must
report to the PO at least once a month during
the period of probation unless sooner required
by the PO.
These conditions being mandatory, the moment
any of these is violate, the probation is
cancelled.
Discretionary conditions:
The trial court which approved the application
for probation may impose any condition which
may be constructive to the correction of the
offender, provided the same would not violate
the constitutional rights of the offender and
subject to this two restrictions: (1) the
conditions imposed should not be unduly
restrictive of the probationer; and (2) such
condition should not be incompatible with the
freedom of conscience of the probationer.