CRIMINAL LAW BOOK 1

PRESENTED BY:
ATTY.EDWIN C. DUMALOGODG
• Act 3815 or Revised Penal Code took effect on January 1, 1932.
• Criminal Law is that branch of Municipal law which defines crimes, treats
of their nature and provides for their punishment.
• Crimes is the commission or omission by a person having capacity, of any
act which is either prohibited or compelled by law and the commission or
omission is punishable by the proceedings brought in the name of the
government whose laws has been violated.
• If the crime is punished by the Revised Penal Code, it is called a FELONY.
• If the crime is punished by a special law, it is called an OFFENSE.
• If the crime is punished by an ordinance, it is called an INFRACTION.
• In layman’s term commonly it is called a CRIME.
• The power to define and punish an act as a crime rest on
the Legislative Department, where the legislative power is
vested in the fundamental law (Constitution) has the power
to define and punish an act or omission as a crime.
Notes:
• The right of the state to restrain and impose punishment on
criminals is anchored on its POLICE POWER.
• Theories justifying the imposition of punishment, viz:
prevention, public self-defense, deterrence, exemplarity,
reformation and retribution.
 Classical theory:
• The basis of penalty is human free will and the
purpose of the penalty is retribution.
• That man is essentially a moral creature with the
absolute free will to choose between good and
evil, thereby placing more stress upon the effect
or result of the felonious act than upon the man,
the criminal himself.
• It has endeavoured to establish a mechanical and
proportion between crime and penalty.
• There is a scant regard to the human element.
 Positivist theory:
• That man is subdued occasionally by a strange and
morbid phenomenon which constrains him to do
wrong, in spite of contrary volition.
• That crime is essentially a social and natural
phenomenon and such, it cannot be treated and
checked by the application of abstract principle of law
and jurisprudence nor by the imposition of a
punishment, fixed and determined a priori; but rather
through the enforcement of individual measures in
each particular case after a thorough, personal and
individual investigation conducted by a competent
body of psychiatrist and social scientist.
• As a general rule, the jurisdiction of the civil courts is
not affected by the military character of the accused.
Ex. Offense of malversation committed by an army
finance officer or murder case committed by person
subject to military law.
• The RPC and other penal laws is not applicable when
the military courts takes cognizance of the case.
• Prosecution of an accused before to a military court is
a bar to another prosecution of the accused of the
same offense.
 Limitations upon the Power of the
Legislature to enact Penal Laws.
a) It cannot enact an ex post facto law nor a bill
of attainder.
• Bill of attainder a legislative act that inflicts p
unishment without trial, its essence being th
e substitution of legislative fiat for a judicial d
etermination of guilt
Ex post facto law Art III, Sec. 22,
1987 Const.
Ex post facto law is one which:
1. Makes criminal an act done before the passage of the law and which was
innocent when done, and punishes such an act.
2. Aggravates a crime, or makes it greater than it was, when committed;
3. Changes the punishment and inflicts a greater punishment than the law
annexed to the crime when committed;
(4) Alters the legal rules of evidence, and authorizes conviction upon less or
different testimony than the law required at the time of the
commission of the offense;
(5) Assumes to regulate civil rights and remedies only, in effect imposes penalty or
deprivation of a right for something which when done was lawful; and
(6) Deprives a person accused of a crime some lawful protection to which he has
become entitled, such as the protection of a former conviction or acquittal, or a
proclamation of amnesty.
 b) A penal law must be of general
application.
Equal protection
• Article III, Section 1, 1987 Constitution:
“No person shall be deprived of life, liberty, or
withoutdue process of law, nor shall any pers
on be denied the equal protection of the
laws.”
 c) It cannot provide for a cruel, degrading or inhuman punishment nor
can it impose excessive fines.
• Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A.
9346)
• Repealed the law imposing lethal injection (R.A.8177) and the law impos
ing the death penalty (R.A.7659) (Sec. 1).This Act also imposes the punis
hment of reclusion perpetua for offenses under any act using the
nomenclature of the RPC (Sec. 2 (a)) and the punishment of life
imprisonment for offenses under any act which does not use the
nomenclature of the RPC (Sec. 2(b))
 Basic Maxims in Criminal Law
1. Actus Non Facit Reum, Nisi Mens Sit Rea
• The act cannot be criminal where the mind is not criminal.‖
2. Actus Me Invito Factus Non Est Meus Actus
• An act done by me against my will is not my act.‖
3. El Que Es Causa De La Causa Es Causa Del MalCausado
• He who is the cause of the cause is the cause of the evil cause
d.‖
This is the rationale in par. 1 of Art. 4 which enunciates the
doctrine of proximate cause. He who commits an intentional
felony is responsible for all the consequences which may
naturally and logically result therefrom, whether foreseen or
intended or not.
 CHARACTERISTICS OF PENAL LAWS

1. GENERALITY-that the law is binding upon all persons who

reside or sojourn in the Philippines, irrespective of age, sex
color, creed, or personal circumstances.

2. TERRITORIALITY-Undertakes to punish crimes committed

within Philippine territory. That the law is applicable to all
crimes committed in interior waters and maritime zone.

3. IRRETROSPECTIVITY OR PROSPECTIVITY-That the law does

not have any retroactive effects, except if it favors the
offender unless he’s habitual delinquent or the law
otherwise provides.
 EXCEPTIONS TO THE GENERAL
APPLICATIONS OF PENAL LAWS
1. Public International laws- Head of State, person with
diplomatic status, and public vessel of a friendly foreign
power. Note: Consuls is not entitled to the privilege and
immunities of an ambassadors and ministers.
2. Treaty Stipulations-Art. XIII of the former Military Bases
Agreement, Visiting Forces Agreement.
Example Of VFA provision “ US military authorities shall
have the primary right to exercise jurisdiction over US
personnel subject to the military laws of the US in relation
to : (1) offense solely against the property or security of
the US or offenses solely against the property or person of
US personnel AND ; (2) done in offense arising out of any
act or omission done in the performance of official duty.
 Laws of Preferential Applications
Example:
• -Sec. 11, Art. VI, of the 1987 Constitution,
which grant immunity from prosecution to
congressman and senators.
• -Rep Act no. 75- laws on preferential
application in favour of diplomatic
representatives and their domestic servants.
• As a general rule, the jurisdiction of the civil
courts is not affected by the military character of
the accused. Ex. Offense of Malversation
committed by an army finance officer or murder
case committed by person subject to military law.
• The RPC and other penal laws is not applicable
when the military courts takes cognizance of the
case.
• Prosecution of an accused before to a military
court is a bar to another prosecution of the
accused of the same offense.
 Exceptions to the Territorial
Applications of Penal Laws
Refer to Art. 2 of the RPC refers to the extent of the territory for
purposes of criminal law.
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the
Philippine Islands or obligations and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these
islands of the obligations and securities mentioned in the presiding
number;
• The introduction of forged or counterfeited obligations and
securities into the Philippines is as dangerous as the forging or
counterfeiting of the same, to the ECONOMICAL INTEREST of the
country.
4. While being public officers or employees,
should commit an offense in the exercise of
their functions; or
5. Should commit any of the crimes against
national security and the law of nations,
defined in Title One of Book Two of this Code.
NOTES:
• The national territory consists of its territorial, fluvial and aerial
domain, as well as its maritime zone.
• Maritime zone is 3 geographical miles from the shore lines, starting
from the low water marks.
• Under the Convention on the law of the sea includes archipelagic
territorial water and exclusive economic zone. The territorial sea
extends 12 nautical miles, and the EEZ is 200 nautical miles outward
from the shore of our country.
• When the Philippine vessel is on the territory of a foreign country,
the crime is committed on said vessel or aircraft is subject to the
laws of the foreign country.
• Warship Rule-A warship of another country, even though docked in
the Philippines, is considered an extension of the territory of its res
pective country. This also applies to embassies
• A crime committed ten miles from the shores of the Philippines on board of a
vessel belonging to a Filipino, but the same is not registered or licensed in the
Philippine, par. 1 of Art. 2 is not applicable.
• Crimes committed under Art. 2 is cognizable by RTC courts in which the charge is
filed.
• Continuing offense on board of a foreign vessel is triable in our jurisdiction. Ex.
Norwegian merchant vessel sailing from Formosa to the Philippines, by failing to
provide stalls for animals in transit in violations of Act. No.55, is triable in the
Philippines.
• A Philippine vessel or aircraft must be understood as that which is registered in the
Philippine Bureau of Customs.
• Extraterritorial crimes which are punishable even if committed outside the Philippi
ne territory (Art. 2, RPC) Art. 2 embraces two scopesof applications: General rule –
1. Intraterritorial refers to the application of the RPC within the Philippine territory
(land, air and water).Exception
2. Extraterritorial refers to the applicationof the Revised Penal
Code outside the Philippine
• A crime committed ten miles from the shores of the
Philippines on board of a vessel belonging to a Filipino,
but the same is not registered or licensed in the
Philippine, par. 1 of Art. 2 is not applicable.
• Crimes committed under Art. 2 is cognizable by RTC
courts in which the charge is filed.
• Continuing offense on board of a foreign vessel is
triable in our jurisdiction. Ex. Norwegian merchant
vessel sailing from Formosa to the Philippines, by
failing to provide stalls for animals in transit in
violations of Act. No.55, is triable in the Philippines.
• French Rule or Nationality Rule-the Philippines has no jurisdiction, unless
the crime affects the peace and security of the country.
• English Rule or Territoriality Rule- the country has jurisdiction over such
offenses unless the same affect or refers only to the internal management
of the vessel. We apply this rule.
• The Philippines adheres to the ENGLISH RULE However, these rules are NO
T applicable if the vessel is on the high seas when the crime was committe
d. In these cases, the laws of the nationality of the ship will always apply
. When the crime is committed in a war vessel of a foreign country, the nat
ionality of the vessel will always determine jurisdiction because war vessel
s are part of the sovereignty the country to whose naval force they belong.
Example:
Mere possession of opium in a vessel in transit is not triable by our courts,
except if the drug is landed on our soil or smoked aboard the vessel in
Manila Bay- Prosecution will lie because this is an open defiance of our
laws and breach of the public order.
 Exterritoriality
• Par . 1 determines the Philippines nationality of the
ship or airship is not of, its owner but the fact of its
registration in the Philippines. if the same is not so
registered , this provision will not apply, since, in such
instance, Philippine courts have jurisdiction only if the
crime is committed within out territorial waters.
• Exception par. 2 and 3 refers to Art. 163 and 166 of the
RPC, but the same is committed in outside Philippine
territory, and the false or counterfeit or false treasury
or bank notes or obligation or securities are sought to
be introduced in the country.
 Par. 4 contemplates the appropriate felonies under Title Seven of Book Two which
may be committed by the Philippine public officer abroad in the exercise if his
official function and, therefore in his official capacity. committed pertains to the
exercise of the public official’s functions: The crimes which may be committed
are:.
• Direct bribery (A.210)
• Qualified Bribery (A. 211-A)
• Indirect bribery (A.211)
• Corruption (A.212)
• Frauds against the public treasury(A.213)
• Possession of prohibited interest (A.216)
• Malversation of public funds or property(A. 217)
• Failure to render accounts (A.218) Illegal use of public funds or property(A.220)
• Failure to make delivery of public funds or property (A.221)
• Falsification by a public officer or employee committed with abuse of his official po
sition (A.171)
Those having to do with the discharge of their
duties in a foreign country. The functions
contemplated are those, which are, under the
law:
1. to be performed by the public officer;
2.in the foreign service of the Phil.
government;
3. in a foreign country.
Par.5 applies to crime against national security and the laws of nations.
Crimes against national security:
• Treason (A.114)
• Conspiracy and proposal to commit treason (A.115)
• Misprision of treason (A.116)
• Espionage (A.117)Crimes against the law of nations:
• Inciting to war or giving motives for reprisals (A.118)
• Violation of neutrality (A.119)
• Correspondence with hostile country(A.120)
• Flight to enemy‘s country (A.121)
• Piracy in general and mutiny on the high seas or in Philippine waters (A.12
2)
Crimes against public order
(e.g., rebellion, coupd‘etat, sedition) committed
abroad is under the jurisdiction of the host
country. Terrorism is now classified as a crime
against national security and the law of
nations. (See R.A.9372, otherwise known as
Human Security Act of 2007).
 Exceptions to the Prospective
Applications of the RPC
Rules to be observed:
General Rule: A penal law does not have retroactive effect; EXC:
a) If penal law is favourable to the accused, it maybe given a
retroactive application.
b) A penal law cannot be given a retroactive effect if the accused is a
habitual delinquent or the law expressly provides.
c) If a penal law is expressly repealed by another law, the crime is
obliterated, and if there is a pending criminal action at the time of
the repeal, the same is to be dismissed.
d) When Penal laws is expressly in applicable to pending actions or
existing cause of action.
Different effect or repeal of penal laws
1. If the penal laws makes the penalty lighter in the new
law, the new law shall be applied, except when the
offender is habitual delinquent or when the new law is
made inapplicable to pending action or existing causes
of action;
2. If the new law imposes heavier penalty, the law in
force at the time of the commission shall be applied;
3. If the new law totally repeals the existing law so that
the act which was penalized under the old law is no
longer punishable, the crime is obliterated;
Notes:
• if the repeal is absolute the offenses cease to be criminal.
• The repeal of penal laws maybe express or implied. If the repeal is
absolute, the accused should be acquitted. But if the repeal is
implied such as by re-enactment, the court is not deprived of
jurisdiction as the criminal liability of the accused still subsist.
• If the repealing laws does not punish an act which constituted the
crime under the prior law, the court losses jurisdiction over the
case.
• When the new law and the old law penalized the same offense, the
offender can be tried under the old law.
• When the repealing law fails to penalized , the offense under the
old law, the accused cannot be convicted under the new law.
• A new law which omits anything contained in the old law
 Elements of Felony
1. Act or omission;
2. Punishable by the RPC; and
3. Committed either by means of deceit or fault
• Act is any bodily movement tending to produce
some effect in the external world. Must be the
one which is defined by the CODE as
constituting a felony; or at least an act OVERT
ACT of the felony, that is the external act which
has a direct connection with the felony
intended to be committed.
• Only external act is punished, a criminal thought or a mere
intention no matter how immoral or improper it may be,
will never constitute a felony.
• Omission is meant inaction, the failure to perform a
positive duty which one is bound to do. There must be a
law requiring the doing or performance of an act. Ex. Art.
275, par1, Abandonment of person in danger/ of failure to
render assistance; Art. 213, par. 2(b).Illegal exaction- for
failure to issue receipt as provided by law; Art. 116,
Misprision of treason.
• The omission must be punishable by law based on the
maxim “ there is no crime if there is no law punishing it”.
DOLO CULPA
• The act perform with • The act or omission of the
deliberate intent (with offender is not malicious.
malice), the offender in The injury caused by the
performing an act or offender to another person
incurring an omission has is unintentional, simply
the intention to cause an without malice.
injury to another.
• Reason for punishing act of negligence-A man
must use common sense, and exercise due
reflection in all his acts; it is his duty to be
cautious, careful and prudent, if not from
instinct, then through fear of incurring
punishment.
 Elements of Deceit/Dolo:
1. Freedom- determination to do or not to do an act.
• When a person acts without freedom, he is no longer a
human being but a tool. ( a knife that wounds, torch
that sets fire) Ex. Art 12, par.5. Compulsion of
irresistible force; Art. 12, par 6. A person who act
under the impulse of uncontrollable fear of an equal or
greater injury, in both cases the offender is exempt
from criminal liability.
• Intent presuppose the exercise of freedom and the use
of intelligence.
2. Intelligence- is the moral capacity to determine
what is right from what is wrong and to realize
the consequence of one’s act.
• Without this power, necessary to determine the
morality of human act, no crime can exist.
3. Intent- a determination to do a certain thing, an
aim, a purpose of the mind.
• -the existence of intent is shown by the overt acts
of the offender and it is presumed from the
commission of an unlawful act.
• The presumption of criminal intent may arise from the
proof of the criminal act and it is for the accused to rebut
this presumption. Ex. Intent to kill is difficult to prove, it
being a mental act. But it can be deduce from the external
act
-Two kinds of Intent:
• General intent is presumed. Example of general intent=
intent to betray in treason, intent to gain in crimes against
property intent to kill in killing and lewd design in crimes
against chastity.

• Specific intent must be proved as it is an element of a

felony.
NOTES:
• Men rea refers to Dolo which means criminal
intent.
• Justifying circumstances are based on lack of
criminal intent except Par. 4, while exempting
circumstances are based on lack of freedom or
intelligence, except par.4,5 and 7.
 Elements of Fault

1. Freedom;
2. Intelligence;
3. Negligence or Imprudence.
Notes:
• Imprudence arise from the deficiency of action
in avoiding the injury by reason of lack of skill.
• Negligence is the failure to foresee the
impending injury due to insufficient perception,
hence, it is based on lack of foresight.
• Negligence must be voluntary.
 Requisites of Culpa
(1)He must have FREEDOM while
doing/omitting to do an act.
(2)He must have INTELLIGENCE while doing the
act/omitting to do an act.
(3)He is IMPRUDENT, NEGLIGENT, or
LACKSFORESIGHT or SKILL while doing the
act/omitting to do an act
 Dolo distinguish from Culpa
Intentional Felony
• Act is malicious.
• With deliberate intent.
• Has intention to cause an inj
ury.
Culpable Felony
• Not malicious.
• Injury caused is unintention
al, being just an incident of
another act performed with
out malice.
• Wrongful act results from i
mprudence, negligence, lac
k of foresight, or lack of skill
.
INTENT MOTIVE
• Purpose to use particular • Impelling reason
means • not element
• Element in a crime • Essential only when identity
• Always essential in of the perpetrator is in
intentional felonies doubt.
Mens rea- gravamen of the offense.
Motive is important when:
• When the identity of the assailant is in question
• To determine the voluntariness of the criminal act
• To determine from which side the unlawful aggression commence in self-
defense.
• Where the accused contends that he acted in defense of a stranger
• To determine the specific nature of the crime.
• When the evidence is circumstantial or inconclusive or there is doubt
whether the crime has been committed.
• On the question as to whether criminal negligence is a felony or only a
mode of its commission.
-Motive is established by the testimony of witnesses on the acts or
statements of the accused before or immediately after the commission of
the offense. Such words or deed may indicate motive.
 Classes of Crimes

1. Intentional felonies;
2. Culpable felonies;
3. Those defined and penalized by special law including
crimes by municipal and city ordinance.
• -intent to commit crime is not necessary, only intent to
perpetrate act.
• Mala in se-so serious in effect in society as to earn
unanimous condemnation of its members. Requires
criminal intent. Felonies covered by the RPC.
• Mala prohibita-violation of mere rules of convention
designed to secure a more orderly regulation of society.
Mere commission of the prohibited act, regardless of the
intent is sufficient. Refers to act punished by special laws
 Art. 4. Person incur Criminal Liability:
• A person committing an intentional felony though
wrongful act done is different from that intended.
Coverage:
1. Error in personae-mistake in Identity of the victim
2. Aberatio ictus-mistake in blow
3. Praeter intentionem-result exceeded the intention.
Requisites:
• Intentional felony committed;
• Wrong done is the direct, natural and logical
consequence of the felony committed except if the act
committed is with negligence.
Proximate cause-cause which is the natural and continuous
sequence unbroken by efficient intervening cause produces
injury and without which the result would not have
occurred.
Notes:
• He who causes the cause is the cause of the evil cause, and
one is liable for all the direct, logical and natural
consequence of unlawful act, even if the consequence is
not intended.
• This does not apply to felony by culpa.
• One who fired in self-defense with due care, but instead hit
a bystander killing the latter, the accused is not liable
because the act committed is lawful.
Example of Proximate cause:
1. A victim who was threatened by the accused with
a knife, jumped into the water and drown.
2. A victim who removed the drainage in the
wound which resulted in the development of
petronitis which in turn cause his death.
3. The victim refused to submit to surgical operation
4. The resulting injury is aggravated by infection.
Deemed the natural consequence of physical injuries inflicted.
a) Victim is not in normal health when injuries inflicted.
b) Death maybe expected from injuries; or
c) Death ensued within a reasonable time.

When felony committed not the proximate cause of the

resulting injury:
a) Active force intervene between felony committed and
resulting injury; and
b) Active force is distinct act or fact absolutely foreign from
the felonious act of accused; or
c) Resulting injury is due to intentional act of the victim.
Not proximate cause:
Ex. A. If slight Phy. Inj be inflicted by A upon B, and the latter
deliberately immerse his body in a contaminated cesspool,
thereby causing the injury to become serious. A cannot be
held liable for the crime of serious physical injuries. The act
of B in deliberately immersing his body in a contaminated
cesspool, not the slight physical injuries inflicted by A, is the
proximate cause of the serious physical injuries.
B. The accuse struck a boy on the mouth with the back of his
hand. Later, the boy dies. Death might have been cause by
the fever prevalent in the area, not by the blow in the
mouth. The accused who gave the blow was not liable for
the death of the boy.
Mistake of fact- misapprehension of fact on the part of
person who caused the injury to another.
Requisite of mistake of fact as a defense:
• That the act done would have been lawful had the facts
been as the accused believed them to be;
• The intention of accused in doing the act should be
lawful;
• That mistake must be without fault or carelessness on
part of accused.
- While ignorance of the law excuses no one from
compliance therewith, ignorance or mistake of fact
relieves the accused from criminal liability.
 Notes on Mistake of fact
• Lack of intent to commit a crime maybe inferred from the facts of the case. Ex.
Defendant swore to a civil service form that he was never accused for any
violations of laws before any court. When he testified in court for perjury he
claimed that he answer no to the question because he relied to the provincial
fiscals opinion that unjust vexation does not involved moral turpitude and is not
necessary to mention it in the form.
• In mistake of fact, the act done would have been lawful, had the facts been as the
accused believed them to be. Ex. Accused believed that she was already of age
when she contracted marriage.
• The mistake must be without fault or carelessness on the part of the accused. Ex:
Accused, police officer instructed to arrest a escape convict. When he went to the
suspects house, he saw a man sleeping at his back, he immediately shoot and
killed the person, who turn out be an innocent man. Accused is guilty of murder.
• In mistake of fact, the intention of the accused in performing the act should be
lawful. Thus, in eror in personae or mistake in identity, mistake of fact does not
apply.
 CULPABLE FELONIES
• Felonies committed by means of culpa, to the mind of the offender is not
criminal. However, his act is wrongful, because the injury or damage cause
to the injured party result from his negligence, imprudence, lack of
foresight and lack of skill. Ex. Discharging a gun in a public place is
recklessness.
• Such negligence or indifference to duty or to consequence is , in law,
equivalent to criminal intent.
• Mistake in the identity of the intended victim is not reckless imprudence
because the deliberate intent to do an unlawful act is essentially
inconsistent with the idea of reckless imprudence.
• A person causing damage or injury to another without malice (dolo) or
fault (culpa), is not criminally liable under the RPC.
• The act performed must be lawful- aiming a gun at deer while hunting is
lawful.
 Omission
Omission-It is inaction, the failure to perform a positive duty which a person
is bound to do. There must be a law requiring the doing or performing of
an act.
Punishable omissions in the RPC:
1. Art. 116: Misprision of treason.
2. Art. 137: Disloyalty of public officers or employees.
3. Art. 208: Negligence and tolerance in prosecution of offenses.
4. Art. 223: Conniving with or consenting to evasion.
5. Art. 275: Abandonment of person in danger and
6. Art. 275 Abandonment of one‘s own victim.
7. Art. 276: Abandoning a minor.
 CRIMES UNDER SPECIAL LAWS
• The third class of crimes are punished by special laws, which include crimes
punished by municipal and city ordinance (anti-smoking, anti-loitering).
• Dolo is not required in crimes punished by special laws. It is enough that the
offender has the intent to perpetrate the act.
• Intent to commit the crime.- wherein there must be a criminal intent, whereas in
intent to perpetrate the act it is enough that the prohibited act is done freely
consciously.
• The rule is that in acts MALA IN SE, there must be criminal intent; but in those
MALA PROHIBITA, it is sufficient if the prohibited act was s Intentionally done . Ex.
The Election Code prohibits and punishes the carrying of firearm inside the polling
place, and that the person did the prohibited act freely and consciously, he had
the intent to perpetrate the act.
• Good faith and absence of criminal intent is not a valid defense in crimes punished
by special laws.
 FELONIES ARE CLASSIFIED AS
FOLLOWS

• 1.According to the manner of their commissio

n
• 2.According to the stages of their execution
• 3.According to their gravity
 Manner of Commission
Art. 3, they are classified as:
a.Intentional felonies or those committed
with deliberate intent; and
b. Culpable felonies or those resulting
from negligence, reckless imprudence,
lack of foresight or lack of skill
 According to the Stages of Their
Execution
Under Art. 6, they are classified as:
• Attempted
• Frustrated
• Consummated
Note:
• The classification of stages of a felony in Article 6 are true only
to crimes under the Revised Penal Code. It does NOT apply to c
rimes punished under special laws. However, even certain cri
mes which are punished under the Revised Penal Code do not
admit of these stages.
 According to Their Gravity
Under Art. 9, felonies are classified as:
1. Grave felonies or those to which the law attaches
(1) the capital punishment or
(2) penalties which in any of their periods are afflictive;
(a) Reclusion perpetua
(b) Reclusion temporal
© Perpetual or Absolute DQ
(d) Perpetual or Temporary Special DQ
(e) Prision mayor
(f) Fine more than P6,000
2. Less grave felonies or those to which the law punishes

(1) with penalties which in their maximum period is correctional;

(a) Prision correccional
(b) Arresto mayor
© Suspension
(d) Destierro
(e) Fines equal to or more than P200c.

3. Light felonies or those infractions of law for the commission of which(1)

the penalty is arresto menor, or a fine not exceeding P200, or both.
As to Count
a. Plurality of crimes may be in the form of:
a. Compound Crime,
b.Complex crime; and
c. Composite crime.
As to Nature
a. Mala in se
b.Mala prohibita
Mala In Se
• Wrong from their nature or
inherently immoral.
• Intent governs
• Refers to felonies defined
and penalized by the RPC.
Mala Prohbita
• Wrong merely because
prohibited by statute.
• The inquiry is, has the law
been violated.
• Generally refers to acts
made criminal by special
laws.
 Art.4. Elements of Impossible Crime:
1. Crime against person or property;
2. Criminal intent;
3. Not accomplished due to:
4. Inherent impossibility
5. Means employed is inadequate/ineffective ; and
6. Act performed must not constitute a violation of other
provision of the RPC.
• No such thing as frustrated or attempted impossible crime.
• If the act performed would be an offense other than a
felony against person and property, there is no impossible
crime.
• Penalty: arresto mayor or fine ranging from P200 to 500.
Example:
1. A fires at B, who was lying on the bed, Not knowing
that B was dead hours before the crime.
Q. What if A knew that B is dead when he shot him. Is
he criminally liable?
A. No, because A knew that B was already dead.
There was no evil intent on the part of A, because he
knew that he could not cause any injury to B.
2. A, with intent to gain, took a watch from the pocket of
B. When A had the watch in his possession, he found
out that it was the watch he had lost a week before.
Art.5- Duty of courts
• If charge is not punishable but court deems it
proper to repress, DISMISS charge and suggest
it made subject of penal legislation to
President through Secretary of Justice;
• In case of excessive penalty: impose penalty
provided by law and recommend grant of
Executive Clemency form the President
through Secretary of Justice.
 Art.6 –Stages of execution:

1. Consummated-all the elements necessary for

execution and accomplishment are present.
2. Frustrated-offender performs all the acts of execution
which would produce felony as a consequence but
which do not produce it by reason of causes
independent of will of perpetrator.
3. Attempted-offender commences commission of a
felony directly by overt act, 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.
Elements of Attempted Felony
1. The offender commences the commission of the
felony directly by overt act;
2. He does not perform all the acts of execution
which should produce a felony as a consequence;
3. The offender’s act is not stopped by his own
spontaneous desistance;
4. The non-performance of all acts of execution was
due to the cause or accident other than his own
spontaneous desistance.
OVERT ACT-some physical activity or deed, indicating intention to commit a particular crime,
more than a mere planning or preparation, which if carried to its complete termination
following its natural course, without being frustrated by external act obstacles nor by
voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete
offense.
Ex. If A bought a poison from a drugstore, in preparation for the killing of B by means of poison,
such act is only a PREPARATORY ACT. It is not an overt act, because it has no direct
connection with the crime of murder which A intended to commit. But if A mixed the poison
with the food of B, the latter put into his mouth, the act of A is more than mere planning or
preparation for the crime of murder.
• Drawing or trying a draw a pistol is not an overt act of homicide.
• The external act mush have a direct connection with the crime intended to be committed
by the offender.
INDETERMINATE OFFENSE-one where the purpose of offender in performing an act is not
certain. Its nature in relation not its objective is ambiguous.
Ex. A who enter a hole in the house of B when apprehended is not liable of attempted robbery
because it does not show the final objective of the offender at the time of his apprehension.
He maybe there to rob or to cause harm or injury or commit other offense.
Subjective phase –is that portion of the acts constituting the crime,
starting from the point where the offender begins the commission
of the crime to the point where he has still control over his acts,
including their acts natural cause
• If he has not passed the subjective phase: attempted
• Passed but not produce: frustrated
• Objective phase- accomplish the crime.
SP + OP=consummated
Light felonies when punished:
• Only when consummated, except:
1. Against person; and
2. Against property
3. Only principal and accomplice are punished.
NOTES:
• Crimes consist of internal and external acts. Internal acts are not
punished. External act refers to preparatory act and acts of
execution.
• Preparatory acts are not punishable unless these acts in
themselves as independent crimes. Ex. Art. 115 –possession of
picklock which is considered a preparatory to an intended robbery.
So proposal and conspiracy being preparatory act are not
punishable unless the law make it punishable.
• Does not perform all the acts of execution-if the offender has
perform all the act of execution-nothing is left to be done- the stage
of execution is that of frustrated felony, if the felony is NOT
produce; or consummated, if the felony is produced.
• If anything yet remained for him to do, he would be guilty of
attempted crime.
• Arson: if part of the building has started to burn or has been
charred, the crime is consummated. If rags were wet afire in order
to burn the building but no part thereof was burn, the crime is
frustrated. If the contents (office supplies and medical equipment)
were burn but the building itself was untouched by the fire the
crime is attempted.
• When the victim is mortally wounded by the accused who stabbed
him in the abdomen but did not die due timely medical attendance,
the homicide is frustrated.
• When there is no intent to kill but the discharge was firearm
directed at the victim who was not hit at all, the crime is illegal
discharge of firearm. If the there is intent to kill but the bullet
jammed attempted homicide is committed. When it is not directed
to at a person as for example firing the revolver in the air the crime
is alarm and scandal.
• If the victim dies as a direct consequence of the wound inflicted,
the crime is consummated, even though there maybe no intent to
kill.
• If intent to kill is not evident as when the accused after wounding
the victim withdrew, the crime is serious physical injuries and not
attempted homicide.
• Felonies without attempted stage are: treason (art.114); attempted
flight to enemy country (Art.121); false testimony and perjury (Art.
180-183); failure to render account before leaving the country
(Art.219); abuse of chastity (Art. 245); physical injuries (Art. 263 to
266); acts of lasciviousness (Art. 337, 339); corruption of minor
(Art.340); slander (Art.358); various offense of illegal possession of
prohibited articles (art.168, 176,304)-these are called FORMAL
CRIMES.
• In theft-what is determinative of the consummation of this felony is
whether or not the accused was in position or had the capacity to freely
dispose of the property even if possession thereof is more or less
momentary.
• In bribery, refusal of the subject to accept the bribe, the crime is only
attempted, because there is no crime of frustrated bribery.
• In rape, the mere penile penetration into the labia majora of the female
genital organ is sufficient to consummate the crime. If there is intent to lie
with the victim as when the accused threw her on the ground and place
himself on top of her and raising her skirt but he did not succeed because
of the resistance of the victim, the rape is attempted. Under the present
state of the law, therefore ,rape is either attempted or consummated.
• There can also be attempted adultery, coercion and falsification. And
attempted and frustrated abortion.
• The spontaneous desistance of the accused is exculpatory only (a) if made
during the attempted stage, and (b) provided the act already committed
do not constitute any other offense.
 Conspiracy
When two or more persons come to an agreement concerning
commission of felony and decide to commit it.
• Conspiracy and Proposals is not a crime EXCEPT when the law
specifically provides a penalty therefor.
1. Conspiracy punished:
• Treason;
• Rebellion;
• Sedition
2. Under special laws
• Arson
• Malicious damage to property by explosives or incendiary
• Espionage/crimes against national security
• Dangerous drug act.
 Conspiracy
Conspiracy to commit Conspiracy as a means
• Mere agreement • There must be an overt act
• Reason: Conspiracy and proposal are only preparatory acts.
•Conspiracy cannot exist in case of negligence.
•In conspiracy as a means-where the conspiracy has for its
object the commission of some other crime, the conspirator
will not be liable unless the intended crime shall have been
committed. However, if the vent the crime subject thereof is
committed, the participation of the accused in the conspiracy
shall result in his criminal liability therefore. Here the
conspiracy is not the punishable crime but the resulting crime.
• When the conspiracy relates to a crime actually committed, it is not a
felony but only a manner of incurring criminal liability, that is , when there
is conspiracy, the act of one is the act of all. Even if the conspiracy relates
to any of the crime of treason, rebellion, and sedition, but any of them is
actually committed, the conspiracy is not a separate offense, it is only a
manner of incurring criminal liability. And the conspiracy is absorbed.
• Indication of conspiracy is when the defendant by their acts aimed at the
same object, one performing another part so to complete it, with the view
to the attainment of the same object, and their acts, though apparently
independent, were in fact concerted and cooperative, indicating closeness
of personal association, concerted action and concurrence of sentiments.
 Proposals
Proposal-when the person has decided to commit felony
proposes its execution to some other person/s.
Proposal punished
1. RPC
• Treason
• Rebellion
2. Special laws
• Malicious damage/destruction of any building by
explosives or incendiary
• Accepted proposal=conspiracy
 Classification of Felonies:
1. Grave-law attaches capital punishment or penalty or
any of their periods are afflictive.
2. Less grave-law punishes with penalty in maximum
period is correctional.
3. Light- Law provides penalty of arresto menor or fine
not more than P200 or both.
Offense not subject of the RPC:
1. Offenses punished by special laws: not subject to
provision of RPC.
2. RPC supplementary to special laws, unless otherwise
provided.
 Circumstances which affects criminal
liability:
1. Justifying circumstances-act of person is in accordance with law.
And is deemed not have transgressed the law and is free from
both civil and criminal liability.
2. Exempting circumstance- (non-imputability) exemption from
punishment because there is wanting in the agent of the crime
any of the condition which make the act voluntary or negligent.
3. Mitigating circumstances-those which, if present in the
commission of the crime, do not entirely free the actor from
criminal liability but only serve to reduce the penalty.
4. Aggravating circumstances- those which, if attendant in the
commission of crime, served to increase the penalty but without
exceeding maximum penalty provided by law.
5. Alternative circumstances-aggravating or mitigating according to
the nature and effect of the crime and other conditions attending
its commission.
 Art 11. Justifying Circumstances
• No civil liability except under par.4
1. Self defense- of his person or rights
Elements:
a) Unlawful aggression (indispensable requirement);
b) Reasonable necessity of the means employed to
prevent or repel it; and
c) Lack of sufficient provocation on the part of the person
defending himself.
- Unlawful aggression-peril to one’s life, limb or right
which is either actual or imminent.
• Stand ground when in the right- a person need
not retreat to an unlawful aggressor but must
fight back.
Lack of sufficient provocation, when present:
• No provocation;
• Provocation not sufficient;
• Provocation not given by person defending
himself.
• Provocation not proximate and immediate to
aggression.
NOTES:
• The basis is the lack of criminal intent.
• For defense of property to apply the same must be originally
required to be coupled with an attack against the person of the
owner.
• Unlawful Aggression must be actual and imminent not merely
imaginary (picking up a knife or adopting a threatening attitude is
not unlawful aggression). Neither there is no unlawful aggression
in a concerted or pre-arranged fight as the combatants are also
mutual aggressors, unless one of the parties attacks the other
ahead of the appointed time or before reaching the agreed place,
the former is the unlawful aggressor.
• Imminent unlawful aggression means an attack that impending or
at the point of happening ex. Aiming a revolver with intent to shoot,
or opening a penknife and making a motion as if to attack.
• There is no unlawful aggression if the aggressor ran away after the
attack or after his weapon is snatch by the person attacked and the
aggressor manifest a refusal to fight.
• If the unlawful aggression has already terminated, this element
cannot be present, because there nothing to be prevented or
repelled.
• The act to repel the unlawful aggression must immediately follow
such aggression.
• An insult without physical assault is not unlawful aggression but
mere provocation which is mitigating.
• The reasonableness of the means employed may take into account
the weapons, the physical condition of the parties and other
circumstances showing that there is rational equivalence between
the attack and the defense. The test is whether they are
commensurate, as they appear to the one making the defense.
• Lack of provocation which must be sufficient, unlawful
and made exclusively by the accused immediately
preceding the offense. This concept is applied whether
provocation is used as an element of this justifying or
mitigating circumstances in itself.
• “Battered Woman Syndrome” postulated as being
equivalent to self-defense. The characteristics are: 1.
The woman believes that the violence was her faulty;
2. She is unable to place the responsibility for the
violence elsewhere; 3. She fears for her life and the life
of her children; and she has the rational belief that the
abuse is omnipresent and omniscient. (R.A. 9262-
VAWC)
 Defense of Relatives
Relatives that can be defended:
1. Spouse;
2. Ascendant;
3. Descendant;
4. Legitimate, natural or adopted brothers and sisters;
5. Relative by affinity within the same degrees; or
6. Relatives by consanguinity within the 4th civil degree.
Elements:
a) Unlawful aggression;
b) Reasonable necessity of the means employed to repel or prevent it.
c) In case the provocation was given by relatives, one making the
defense had no part therein.
Notes:
• It is sufficient that the accused did not participate
in provocation if given by the person attacked.
• Defense of relative cannot be claimed if the
relative defended is the aggressor, unless the
accused is in honest belief that relative being
defended was a victim of an unlawful aggression ,
and the relative defending had no knowledge
that of the victim defended is the aggressor.
 3. Defense of Stranger

Elements:
a) Unlawful aggression;
b) Reasonable necessity of the means employed to repel or
prevent it.
c) Person defending is not induced by revenge, resentment or
other evil motive.
Notes:
• Even an enemy may invoke defense of stranger as long as
he is induces by a motive that is generous and not evil.
• The right of a person to take the life in his own defense or
in defense of another who bears a close relationship is
universally recognized.
 4. Avoidance of greater evil or injury
Elements:
a)Evil sought to be avoided actually exist;
b)Injury feared to be greater than that to avoid
it; and
c) There is no other practical and less harmful
means of preventing it.
-Civil liability to be borne by person/s in
proportion to benefit received.
NOTes:
• This principle justify a therapeutic abortion to save the life
of the mother, but there laws and rules on the
requirements to be complied with before such medical
recourse must be availed of.
• Must not be due to the negligence or violation of any law
by the actor.
EX. A captain of a vessel who during a storm jettison the
cargo to prevent the vessel from sinking.
• The instinct of self-preservation is always superior in a
person’s mind. (To save one self, accused swerve the
vehicle towards direction to which he is driving thereby
killing some other people).
5.Fulfilment of duty or lawful exercise
of right of office.
Elements:
• Accused acted in performance of duty or in
lawful exercise of office; and
• Injury caused or offense committed is
necessary consequence of due performance
of duty or lawful exercise of such right or
office.
-Doctrine of self-help
Notes:
• Killing by a policeman of an escaping prisoner is
presumed to be committed in the performance of
his duty. But only absolute necessity would
authorize the police officer to fire at the prisoner.
• The lawful exercises of a right exist if the owner
or possessor of a thing employs reasonable force
to repel or prevent an actual or threatened
unlawful physical invasion of his property.
 6. Obedience to an order issued for
some lawful purpose.
Elements:
a)Order issued by superior;
b)For some lawful purpose; and
c) Means used to carry out the order is lawful.
Notes:
• A soldier who torture to death a person upon
order of a sergeant is liable because the order of
torture is illegal and the accused is not bound to
obey it.
• But he is not liable if he obeyed an order in good
faith, without being aware of its illegality, without
fault on his part, and which a military subordinate
could not question. (coup d tat by soldier) This is
due to a mistake of fact committed in good faith.
 Exempting Circumstances
• There is a crime but no criminal liability; with civil liability
except par.4 and 7
1. Imbecile or insane person, except when the latter acted
during lucid interval.
• -presumption is in favour of sanity.
Notes:
• The test of imbecibility or insanity is complete deprivation
of intelligence in the commission of the act, that is the
accused acted without the least discernment.
• The law presumes that every man to be sane. If the
accused interposes the defense of mental insanity, the
burden of establishing such fact rest upon him.
• Insanity must refer to the time preceding the act
constituting the crime or at the very moment of its
commission. Insanity that developed after the
commission of the felony does not exempt the
offender.
• If the offender is an insane or imbecile, the court shall
order his confinement in a hospital or asylum which he
cannot leave without the order of the court. But the
court has no power to give a permit to the insane to
leave the hospital without the prior opinion of the
Director of Health that he maybe released without
danger.
2. Person 9 years and below
• - there is an absolute presumption of irresponsibility
3. Person over 9 and under 18, unless acted with discernment.
• -offender is presumed to have acted without discernment.
Discernment maybe shown by:
• Manner in committing the crime; or
• Conduct of offender after commission of crime
• Degrees of responsibility:
*Absolute responsibility-9 and under
*Conditional responsibility-more than 9 but less than 18
*Full responsibility-18 or over to 70
Notes:

• A minor who is over 9 and under 18, is also not criminally liable unless it is
proved that he acted with discernment.
• Discernment means mental capacity to fully appreciate the consequence
of one’s unlawful acts. This maybe shown and should be determined by
considering all the circumstances afforded by the record the case, his
appearance , his attitude ahs his behaviour and conduct, not only before
and during the commission of the act but also after and even during trial.
• The age of the minor as an exempting circumstances is computed up to
the time of the commission of the crime charge not up to the date of the
trial.
• If a minor is exempt from criminal liability, he shall be committed to the
care of his parent or nearest relatives or family friend in the discretion of
the court, and subject to its supervision. (art. 189, PD. 603).
4. Accident
Elements:
• Performance a lawful act;
• With due care;
• Causes injury to another by mere accident;
• Without fault or intention of causing it.

• Damnu Absque Injuria-damage without injury

• -refer to Art.67 when all the requisites of exemption of Art.12(4) are
present.Do not apply Art.12 (1).
Accident- any happening beyond the control of persons, consequences
of which are not foreseeable. If foreseeable, there is fault or culpa.
Notes:
• An accidental shooting due to legitimate self-defense is
exempting.
• The blow-up of a tire, there being no proof of excessive
speed, is also accidental.
• Accident presupposes the performance of lawful act.
• If the accused fired on the ground in order to make the
combatant stop in their fist fight and as a result, the
bullet ricochet, hitting a bystander, such is not an
accident but negligence as when he wilfully discharge
his gun he did not take the necessary precaution
demanded by the circumstances.
5. Irresistible force
Elements:
• Compulsion is by means of physical force;
• Physical force is irresistible; and
• Physical force comes from a third person
-never consist in passion and obfuscation, must
come from external source.
Notes:
• Irresistible force must be physical and must come from a third person. It cannot
spring primarily from the offender himself.
• The accused acted not only without a will but against his will. It cannot consist of
an impulse or passion or obfuscation.
• Irresistible force must produce such an effect upon the individual that, inspite of
all resistance, it reduces him to a mere instrument and, as such, incapable of
committing a crime. It must be such that, inspite of the resistance of the person on
whom it operates, it compels his members to act and his mind to obey.
• A person who act under the compulsion of of an irresistible force, like one who
acts under the impulse of an uncontrollable fear of equal or greater injury is
exempt from criminal liability because he does not act with freedom.
• If a person was struck with the butts of the guns of those who killed another to
compel him to bury their victim, he is not liable as accessory because he acted
under the compulsion of an irresistible force.
6. Uncontrollable fear
Elements:
• Threat which causes fear is of an evil greater
or at least equal to that which is required to
commit; and
• Promises an evil of such gravity and
imminence ordinary man would have
succumbed to it.
Notes:
• The fear must be insuperable and he who acts under
insuperable fear is completely deprived of freedom.
• The threat producing the insuperable fear must be grave,
actual, serious and such kind that the majority of men
would have succumbed to such moral compulsion.
• The compulsion must be as to leave no opportunity for the
accused to escape.
• One who is compelled under fear of death to join the
rebels, he is not liable for rebellion because he acted under
the impulse of uncontrollable fear of an equal or greater
injury.
Irresistible force
1. force is physical coming
from a stranger
2. the actors act without a will
Both refers to external
influence and not
physiological needs
Uncontrollable fear
1. fear is an impulse within the
person of the actor himself
2. the actors acts not against
his will but because he is
endangered by the fear
7. Insuperable or lawful cause
Elements:
• An act is required by law to be done
• Person fails to perform such act
• Failure to perform due to lawful or insuperable cause.
Notes:
• Applies to felonies committed by omission
• The law imposes a duty on the part of the offender to
perform an act. If he fails to do so, he violates the law.
But if the failure is due to a lawful or insuperable
cause, he is criminally exempt.
• The failure of a policeman to deliver the prisoner lawfully arrested
to the judicial authorities within the prescribe period because it was
not possible to do so with practicable dispatch as the prisoner was
arrested in a distant place would constitute a non-performance of
duty due to insuperable cause.
8. Absolutory causes;
• -person committed a crime but no penalty by reason of public
policy
• Instigation-public officer or private detective induces an innocent
person to commit a crime and would arrest him upon or after the
commission of the crime by him;
• a. Entrapment-a person has planned or s about to commit a crime
and ways and means are resorted to by a public officer to trap and
catch the criminal; not a defense.
Examples:
1. Essential elements of crime charged do not proved and/or elements proved
do not constitute a crime.
2. Spontaneous desistance in attempted stage and no other crime was
committed;
3. Attempted or frustrated light felony and not against person or property;
4. Accessory is relative of principal;
5. Legal grounds for arbitrary detention;
6. Legal grounds for trespass;
7. Theft, swindling or malicious mischief committed against a relative;
8. Physical injuries under exceptional circumstances;
9. Marriage of offender with the offended party when the crime committed is
seduction, acts of lasciviousness, rape and seduction;
10.Guilt not established beyond reasonable doubt;
11.Prescription of crime; and
12.Pardon by offended party before institution of criminal action in crimes
against chastity.
Art. 13. Mitigating Circumstances
Classes:
1. Ordinary-can be offset by generic aggravating
circumstances.
2. Privilege- has the capacity to go down by degree/s.
• More than 9 but less than 18: penalty always lower by at
least 1 or 2 degrees than that prescribe by law;
• Incomplete justifying or exempting; lower by degree than
that prescribe by law but majority of the conditions must
be present.
• Two or more mitigating and no aggravating: lower by one
degree
1. Incomplete justifying or Exempting Circumstances
• -self-defense, defense of relative and stranger, it is
essential that unlawful aggression be present,
otherwise there can be no such defense, whether
complete or incomplete.
• -unlawful aggression must always be present and of
the requisites is absent, Art.13, par. 1 applies.
• -in case of accident: governed by Art. 67, RPC
Notes:
• The effect is the same as that of a privilege mitigating
as the penalty is one degree lower that provided for in
intentional felony.
2. Offender is over 70 year of age.
a. more than 9 but less than 18 who acted with
discernment-lower by two degrees always.
b. 10 or over but less than 18-lower by one degree at
least
3. No intent to commit a wrong as that committed.
• - there must be a notable and evident disproportion of
the means employed to execute the criminal act.
• What is important is the intention when committed
and not the intention as planned.
Notes:
• This is the effect of praetor intentionem. The injury
should befell upon the same person, not another.

4. Sufficient provocation or threat immediately preceded

the act.
Elements:
• Provocation must be sufficient;
• Originated from the offended party; and
• Immediate to the act.
Notes:
• Sufficient means adequate to excite a person to
commit the crime and must accordingly be
proportionate to its gravity.
• Immediate means that there is no interval of time
between the provocation and the commission of the
crime.
Ex. Ill treating and abusing the offender by kicking and
cursing him, or hitting by the victim the eye of the
accused, or the infidelity of the wife which made the
husband kill her is sufficient provocation.
5. Vindication of a Grave Offense
Elements:
• Grave offense done to the one committing the
felony, his spouse, ascendant, descendant,
legitimate natural or adopted brother or
sisters, or relatives by affinity within the same
degrees; and
• Felony committed in vindication.
Provocation Vindication
1. Against the accused 1.against the accused or
relatives
2. Cause need not be grave 2.cause must be grave offense
3. immediate 3.need not be immediate
Notes:
• the grave offense need not be a felony or an act
punishable by law. Ex. And act of the victim in eloping
with the daughter of the accused is a grave offense to
her family.
• Immediate means proximate and, hence, an interval of
time may lapse form the commission of the grave
offense to the commission of the crime in vindication
thereof. But if a considerable period of time lapsed
which is sufficient to enable the accused to recover his
serenity, this mitigating circumstances is not present.
6. Passion and Obfuscation
Elements:
• Accused acted upon an impulse;
• Impulse so powerful it naturally produced passion and
obfuscation in offender
• Act both unlawful and sufficient to produce such
condition of mind; and
• Act that produced obfuscation is not far removed from
the commission of the crime by a considerable length
of time during which the perpetrator might recover his
normal equanimity. (immediate)
Notes:

• This feeling must have arisen from lawful sentiments.

• The cannot be invoked if done in response to exercise of right or fulfilment of duty.
• Fact must be proved to show causes sufficient to produce loss of self-control and
to overcome reason.
• It is necessary that to established the existence of an unlawful act, sufficient to
produce such condition of the mind , and it must not be far removed from the
commission of the crime by the considerable period of time, during which the
perpetrator might recover his normal equanimity.
• Passion and obfuscation is also mitigating form causes existing in the honest belief
of the offender as the belief that the deceased caused his dismissal from office.
• Passion and obfuscation is not mitigating where the relationship of the accused to
the victim, who was the common-law wife of another man is illegitimate.
• Passion is mitigating in favour of the accused, who upon seeing the victim steal his
carabao shot the supposed thief.
Passion and Obfuscation Irresistible force
• Mitigating • Exempting
• Cannot give rise to • Requires physical force
irresistible force to offender • Unlawful
• Must arise from lawful
sentiments
Passion and Obfuscation Provocation
• produced by impulse which • comes from injured party
maybe caused by provocation
• need not be immediate, • must immediately preceed
influence need not to last the crime
until moment crime is
committed
6. Voluntary Surrender/ Confession of Guilt
Elements-Surrender:
• Offender not actually arrested;
• Surrender to person in authority;
• Surrender voluntary.
Surrender must be spontaneous, as when:
• To acknowledge guilt; or
• To save the government trouble and expense of search
Plea of Guilty-Elements:
• Offender spontaneously confess his guilt;
• Made in open court
• Of competent jurisdiction; and
• Made prior to the presentation of evidence by prosecution.
Notes:
• Vol. Surrender must be made to a person in authority or his agent.
It may be present if made after the issuance of a warrant of arrest
but before the actual arrest. Surrender maybe made before or after
the issuance of Warrant of arrest.
• If the accused gave himself up after he was served with a warrant
for his arrest, such surrender is not mitigating.
• Surrender is not voluntary if the offender is merely forced by the
circumstances as he gave himself up, as escape was impossible and
his life is already in danger.
• Surrender must be for the crime he is charged.
• The fact the accused did not escape after the police surrounded his
house and arrest him does not amount to vol. surrender.
• Plea of guilty is mitigating because it is an act of
repentance and respect for the law.
• The plea must be unconditional and cannot consist in a
mere offer. Hence an offer to plea to a lesser offense
than that charged in the information is not mitigating.
7. Offender is Deaf and Dumb and Blind
-The physical defect contemplated in this mitigating
circumstance must affect the means of action, defense
or communication of the offender with his fellow
beings. The nature of the offense is, therefore, to be
considered as to whether such physical defect is
mitigating.
Notes:
• A blind person commits the crime of estafa by
misappropriating a sum of money entrusted by a friend
for safekeeping will entitle him to this mitigating
circumstances.
• A blind person, or one who is crippled or lame is
entitled to this mitigating if he commits a crime of
physical injuries.
8. Illness that Diminish the Exercise of Will Power
• The nature of illness affects will of a person but must
not deprive him of consciousness of his acts,
otherwise, such will be exempting.
Notes:
• Ex. Acute neurosis that made he offender ill-tempered
and easily angered. A mother who killed her child after
the delivery as she was suffering under the influence of
a puerperal fever.
9. Analogous Mitigating Circumstances
• Such analogous mitigating circumstances are similar to
par. 1 to 9 of Art. 13
• Notes:
• Over 60 years old with failing eyesight analogous to a
70 years old. Jealousy similar to passion and
obfuscation.
Art. 14. Aggravating Circumstances
Kinds:
• Generic-generally applies to all like recidivism
• Specific-applies to a particular felony like cruelty
in crimes against person;
• Qualifying-changes the nature of the felony, as
treachery in murder, or
• Inherent-part of the felony committed, as
unlawful entry with force upon things.
1. Taking Advantage of Official Position
• The offender is a public officer who availed of
the influence or reputation inherent in his
position for the purpose of committing crime.
• Not appreciated when it is inherent element
of crime
Notes:
• Ex. Accused policeman effected the abduction of the
offended party when he was wearing a uniform; or
robbery was committed by the Chief of Police and other
who represent themselves as person in authority; or police
officer committed a the crime eith the aid of a gun he had
been authorized as a police officer.
• But if the abuse of the office is an integral element of the
crime as in falsification of public document who took
advantage of his official position, bribery or malversation,
the circumstances is not present. This means the
aggravating circumstances is inherent in the crime.
2. Contempt or Insult to Public Authorities
Elements:
• Public authority is engage in the exercise of his
function;
• He is not the person against whom the crime is
committed;
• Offender knows him to be public authority; and
• His presence has not prevented the offender
from committing crime
• Notes:
• If the crime committed against the public authority, the
crime is direct assault and this aggravating circumstances
will be considered absorbed.
• A public authority is a person in authority.
3. Disregard of Rank, Age, or Sex and Dwelling of Offended
Party
• Present when the act be committed:
a. with insult or disregard of respect due the offended party
on account of his (1) rank, (2) age, (3) sex; or
b. in the dwelling of the offended party, if latter has not given
provocation.
• There are four aggravating circumstances in this
paragraph, which, if present in the commission in the
crime are consider one aggravating circumstances only.
• This aggravating circumstances of age, sex and rank are
considered in crimes against person, security and
honor. It is not considered in crimes against property.
• “with insult or disregard” means the specific facts of
insult or disregard of the sex, age or rank of the
offended party who is a woman, older or higher rank.
• Applicable only to crimes against person and honor
Not applicable when:
• Offender acted with passion and obfuscation;
• There exist a relationship between the offended party and the
offender
Condition of being a woman is indispensable in the commission of the
crime of parricide, rape, abduction and seduction;
• Dwelling –place for peace of mind, rest, comfort and privacy.
Includes dependencies, staircase, and enclosure under the house.
• A combination of a house and a store is not a dwelling.
• Dwelling is aggravating though the house where the victims were
killed did not belong to them. It is not necessary that the victim
owns the place where he lives or dwells. The place is his home
which the law seeks to protect or uphold whether he is a lessee, a
boarder or a bedspacer.
• It not aggravating: a) if the offended party has given the
provocation but if the provocation is not immediate to the
commission of the crime, dwelling is aggravating. B) if both the
offender and offended party are occupants of the same house. C) in
robbery with force upon thing which is inherent, it may be present
if committed with violence.
• Rank refers to a high social position or standing. Ex. Killing a judge
because he was strict. A clerk killed a victim who is a ranking officer
of the CSC.
• Age-ex. Accused is 45 years old and the victim is 80 years old; the
victim in the crime of murder is a child.
• Sex is not considered in a crime where being a woman is an
element thereof as in parricide, rape, abduction or seduction. Ex.
Killing an 80 years old woman was attended on account of her sex.
4. Abuse of Confidence of Obvious Ungratefulness
• Elements:
• Trust
• Abuse such trust; and
• Abuse facilitated commission
• Notes:
• Betrayal of trust.ex. accused raped a girl who was entrusted
to his care by the parent, there is betrayal of confidence
reposed upon him by the parents.
• Theft or robbery committed by the visitors in the house of
the offended party is aggravated by obvious ungratefulness.
5. Crime committed in:
• a. Palace of the Chief Executive
• In his Presence;
• Where public authorities are engage in
discharge of duties; and
• Place dedicated to religious worship.
6. Nightime, Uninhabited Place, Band
• These circumstances maybe appreciated if:
• Especially sought to insure commission of crime, or
Offender took advantage thereof with impunity:
• Commission must begin and end’s at night
• Nightime –from sunset to sunrise
• Uninhabited place-consider possibility for the victim to
received help
• Band- more than 3 armed malefactors acting together
in commission of the crime.
• To avoid risk or capture.
• Performance of any function is not necessary if the crime is committed in the
palace of the Chief Executive or in his presence or in a place dedicated to religious
worship.
• If night time forms part of the treacherous means and the manner adopted to
insure the execution of the crime, it will be absorbed in treachery.
• If the commission of the crime was commenced at daytime and it was
consummated at night time such is not aggravating.
• Nightime is not aggravating if the notion to commit the crime was conceived only
shortly before the commission of the crime or chance meeting of the accused
negates night time as an aggravating circumstances.
• Uninhabited place is determined by the distance of the nearest house to the scene
of the crime but whether or not in the place of the commission of the offense
there was reasonable possibility of the victim to receiving help.
• The place maybe sought purposely chosen by the accused as an aid either to an
easy and uninterrupted accomplishment of his criminal design or to a surer
concealment of the offense.
• Uninhabited-ex. Crime committed in a banca at sea;
7. Calamity
• Committed on occasion of:
• a. conflagration
• b. shipwreck
• c. earthquake
• d. epidemic
• e. other calamities or misfortune
8. Aid of Armed Men, etc.
• Armed men took part in commission of crime directly or indirectly;
and
• Accused availed of their aid or relied on them when crime was
committed.
-aid of armed men is absorbed in band if there are at least 4 armed
armed men, otherwise, they are to be separated.
• Requires that the armed men are accomplice who
take part in minor capacity directly or indirectly,
and not when they merely present at the crime
scene. They must not, however, be acting in the
commission of the crime under the same plan or
purpose as the principal accused, otherwise they
will be co-principal or co-conspirators.
• Neither they should constitute a band, for then
the proper aggravating circumstances would be a
band.
9. Accused is a Recidivist
Elements:
• Offender is on trial for an offense
• He was previously convicted by final judgment of another
• Both the 1st and 2nd offense are embraced in the same title of RPC
• Offender is convicted of the new offense
• Considered no matter how many years passed between the 1st and
2nd felonies.
• Amnesty extinguish the penalty and its effects, pardon does not
• If both offenses were committed on the same date, they shall be
considered only one, hence they cannot be separately counted in
order to constitute recidivism.
10. Reiteracion or Habituality
Elements:
• Accused is on trial for an offense;
• He has not previously served sentenced for
another offense to which the law attaches an
equal or greater penalty, or for two or more
crimes to which it attaches lighter penalty
than that for the new offense; and
• that he is convicted of the new offense.
Recidivism
• 1. enough that there be
previous conviction by final
judgment
• 2. offense must be
embraced in the same title
of RPC
• 3. always considered
aggravating circumstances
Habituality
• 1. offender is previously
punished.
• 2. offenses need not be
embraced in same title.
• 3. not always aggravating
• Habitual Deliquency-within 10 years from the last
release or last conviction of the crime of falsification ,
robbery, estafa Theft, serious physical injuries, the
offender is found guilty of any of the said crime a 3rd
time or oftener.
• 10 years either form last release or last conviction.
• Quasi-Recidivism-commits a felony after having been
convicted by final judgment, before beginning to serve
such, or while serving the same, shall be punished by
maximum penalty prescribe by the new felony.
11. In consideration of Price, Reward or Promise
• must be for the purpose of inducing another to perform the
act.
• Not considered if given after the crime was committed
without previous promise.
• In this aggravating circumstances need not consist of or
refer to material things of or that the same were actually
delivered, it being sufficient that the offer made by the
principal by inducement be accepted by the principal by
inducement be accepted by the principal by the direct
participation before the commission of the offense.
• This aggravates the liability of both the offeror and the
offeree.
12.Crime Committed by Means of Inundation,
Fire, Explosion; Poison; Straddling of the
Vessel or intentional damage thereto;
Derailment of Locomotive; Use of any other
Artifice involving Great waste and Ruin.
• - Considered generic only with another
aggravating circumstances already qualifies
crime as in murder with evident
premeditation as qualifying
13. Evident Premeditation
Elements:
• The prosecution must prove:
• Time when the offender determined to commit the crime;
• Act manifesting that the culprit has clung to his determination;
• Sufficient lapse of time between the determination and execution to allow him to
reflect upon the consequence of his act.
-Premeditation must be based upon external act and must be evident which is
indicative of deliberate planning.
• Where the existence of a criminal conspiracy has been established, it is disputably
presumed that the conspirators were acting with evident premeditation.
• Is necessary absorbed in the aggravating circumstances of price, reward or
promise but only in so far as the inducer is concerned since he obviously reflected
thereon in planning the crime.
• Inherent in crime of robbery, theft, estafa or analogous offense
14. Craft/Fraud and Disguish
• Craft-cunnning or intellectual machinery
• May be absorbed in treachery
• Fraud-deceit; manifested by insidious words or
machinations.
• Disguise-conceal identity; not aggravating if it did not
facilitate commission.
• The test of disguise is whether the device or
contrivance resorted to by the offender was intended
to or did make identification more difficult, such as use
of mask.
15. Superior Strength or Means to Weaken Defense

• Excessive force out proportion to weaken the defense

• Notorious inequality of forces
• Deliberate intent to take advantage of superior strength
• Absorb band
• If victim is totally deprived of means of defense=treachery
• Superiority in numbers does not necessarily means
superiority in strength; the accused must have cooperated
and intended to use or secure advantage for the superiority
in strength.
16. Treachery
Elements:
• Accused employed means, method or forms
of execution which tend to insure his safety
from any offensive or retaliatory act on part of
offended party; no opportunity was given to
latter to do so; and
• Means, method or manner of execution was
deliberately or consciously shown.
• Applicable in crimes against person only
• Need not insure consummation
• May co-exist with evident premeditation
• The test of treachery is not the relative position of the
parties but, more specifically, whether or not the victim
was afforded the opportunity to make a defense or to ward
off the attack, it is necessary that the victim must have
been completely denied such opportunity.
• Sudden attack constitutes treachery, if such strategy was
deliberately adopted, but not if it was intended as the
means, such as an impulsive reaction of the accused due to
his sudden infuriation at the victim’s provocation.
• Treachery must be present at the inception of the
attack on the victim, and if was absent but the attack
was continuous the employment of treachery at the
subsequent stage is not to be considered.
• Treachery absorbs other attendant or related
circumstances such as abuse of superior strength,
employing means to weaken the defense, aid of armed
men, band, night time and disregard of sex and age.
• Treachery cannot be considered in rape, is inherent in
murder by poisoning, cannot co-exist with passion and
obfuscation, and cannot include the aggravating
circumstances of dwelling.
17. Ignominy
• Adds disgrace and obloquy
• Must be deliberate
• Ex. Victim is made to knell before his servant before he was shot by
the accused; victim made dig his grave and forced to lie on it, then
he was interrogated and stabbed, after which he was buried.
18. Unlawful entry
• When the entrance to building is made by way not intended for
purpose.
• Made for the purpose of committing a crime.
• It must be for the purpose of entry and not escape.
• Alleged in information to qualify theft to robbery
• Cannot considered in trespass to dwelling.
19. As a Means to Commit a Crime, a Wall, Roof, Floor, Doors or
Window be Broken
• This is inherent in robbery with force upon things.
• The breaking is for the purpose of entering the same to commit a
crime, not in order to leave the place.
20. Aid of Minor or By Means of Motor Vehicle
• Minor less than 15 years old
• By means of motor vehicle, motorized watercraft or similar means
• Vehicle be purposely used to facilitate crime, without which crime
cannot be committed or used to insure success of commission; not
appreciated when used as a means to escape.
• Motor vehicle must have been for the purpose of ensuring the
success of their criminal enterprise. It must be shown that without
it the offense charge could not have been committed.
21. Cruelty
• Deliberate intention to prolong physical sufferings of
victim.
• Ignominy –moral suffering
• Cruelty- physical suffering
• Rape is aggravating in robbery with homicide
• Cruelty is not inherent in crime against persons.
• If the victim was already dead when the acts of
mutilation were being performed on him, this would
also qualify the killing to murder due to the outraging
of his corpse
Art. 15. Alternative Circumstances
Kinds:
• Relationship
• Intoxication
• Degree of instruction and education with
homicide
1. Relationship
• Inherent in crimes of parricide, adultery and concubinage.
• Mitigating in crimes against property, such as trespass, robbery and
arson
• Always aggravating in crimes against person if the crimes
committed is grave felony,ex. Serious physal injury, homicide and
murder. But id mitigating if crime is classified as light or less serious.
Ex. Slight physical injury.
Considered when the victim is:
1. spouse;
2. Ascendant (also step-parent; adopting parents)
3. descendant
4. legitimate, adopted or natural brothers and sisters; or
5. relative by affinity in the same degree of the offender.
2. Intoxication
• Mitigating-not habitual; or not subsequent of
plan to commit the felony
• Aggravating-habitual; or intentional had
embolden accused
3. Education
• Mitigating-generally, if low degree or lack of education
• Aggravating-if high degree and offender avails himself
of his learning in committing the crime.
• Not mitigating (low degree of education) when:
1. crimes against property
2. crimes against chastity
3. murder
• Does not only refer literacy but more to the level of
intelligence of the accused.
Persons Criminally Liable
Only natural persons can be offenders
• Grave and Less grave felonies: Light Felonies:
• 1. principal 1. Principal
• 2. accomplice 2. Accomplice
• 3. accessory
1. Principals
Kinds (those who):
• (a) .Take direct part in the commission of crime;
• Directly by force or induce others to commit it; or
• Cooperate in commission of offense by another without
which it would not have been accomplished.
b. Principals by induction liable only when the principal
by direct participation commits the crime, but if he is
forced by another by threat then there is no
conspiracy; only the inducer is liable.
Elements of Inducement:
• Made directly with the intention of procuring
commission of crime; and
• Is the determining cause of commission of crime by
material executor
• If money is given after, without prior promise, it cannot
be regarded as inducement
Requisites for Person Giving Command to be Held Liable As Principals:
• Has intention to procure commission of the crime;
• Has ascendancy or influence over person who acted;
• Words used so direct, efficacious and powerful amounting to moral
coercion;
• Words of command were uttered prior to the commission of the
crime;
• Material executor of crime has no personal reason to commit the
crime.
C. Principal by Indispensable Cooperation
Requisites:
• Participation in criminal resolution-anterior conspiracy or
immediately before the commission of crime; and
• Without which the crime could not have committed.
2. Accomplice
• The cooperation that the law punishes is the
assistance knowingly or intentionally rendered,
which cannot exist without previous cognizance
of the criminal act intended to be executed.
• Person who, not being principal, cooperates in
the execution of the offense by previous or
simultaneous acts.
• A relation must exist between act of principal and
that committed by accomplice.
• In the case of accomplice there is no conspiracy. An accomplice has
knowledge of the criminal design of the principal and all that he
does is to concur with the latter in his purpose, by cooperating in
the execution of the crime previous or simultaneous for the
purpose of supplying material or moral aid to the principal in an
efficacious way. Ex. A Taxi driver knowing that his co-acccused were
going to commit robbery permitted them to use the taxicab in
going to the place where the robbery was committed is an
accomplice; one who guarded the victim in kidnapping to prevent
him from escaping.
• The wounds inflicted must not be a cause of death. If the wounds is
mortal the offender would be principal by direct participation. Ex. A
is choking B, C suddenly appears, and stab B mortally. If A
continuous choking B after the mortal wounds is inflicted. A will be
an accomplice.
3. Accesories
• They are neither principals nor accomplice but:
• 1. have knowledge of the commission of the crime;
• 2. take part subsequent to its commission in any of the following
manner:
• By profiting themselves or assisting the offender to profit from
effects of the crime.
• By concealing or destroying corpus delicti or the effects or
instruments thereof, in order to prevent its discovery.
• By harbouring, concealing or assisting an escape of principal if he
acts with abuse of public function or when author of crime is guilty
of treason, parricide, murder or attempt on the life of Chief
executive or is known to be habitually guilty of some other crime.
Anti-Fencing Law of 1979
• Fencing-with the intent to gain knows or
should have know that the property derived
from proceeds of robbery or theft.
• Penalty depends on the value of the property
involved.
• Prima facie evidence of fencing-mere
possession of goods subject of robbery or
theft.
Accessories exempt from Criminal Liability:
Those with respect to their:
• 1. spouse
• 2. ascendant
• 3. descendant
• 4.legitimate, natural or adopted brothers and sisters
• 5. relative by affinity within the same degree
PROVIDED
• They do not profit or assist the offender to profit from
the effects of the crime.
Penalties
Juridical Conditions of Penalties:
• 1. must be productive of suffering;
• 2. must be commensurate with the offense;
• 3. must be personal;
• 4. must be legal;
• 5. must be certain;
• 6. must be equal to all; and
• 7. must be correctional
Effects of Pardon of Offended Party:
1. Public crime-only civil liability is extinguish, criminal
action is not extinguish.
2. Private crimes-barred if:
a) Made before institution of action;
b) Adultery/concubinage-both offender must be
pardoned; or
c) Rape-must be express pardon
d) -marriage-totally extinguish crime.
e) Deduction of Preventive Imprisonment:
General Rule: all
Exceptions:
1. recidivist-convicted 2 or more times; or
2. failed to surrender voluntarily after being
summoned for execution of sentence.
• -there rules apply even if the penalty is
destierro.
Effects of Pardon by Chief Executive:
1. absolute pardon-
a) Extinguish criminal liability
b) Does not exempt payment of civil liability
c) Does not restore the right to hold public office or right
to suffrage except when such right are expressly
restored or offender has served his sentence.
2. limitations:
a. cases of impeachment
b. election offenses-with concurrence of COMELEC
Pardon by the Chief Executive Pardon by the offended party
• extinguish criminal liability • bars institution of criminal
• after conviction by final action
judgment • before institution of action
• does not include civil liability • may include civil liability
• cannot be subject to any
• Maybe absolute and condition
conditional
• Party can waive the civil
• Cannot affect the civil liability liability
• may be granted to any or all • . pardon by the offended party
prisoners in adultery and concubinage
must include both offenders.
When Accomplice Punished as Principal:
• 1. Art. 346-ascendant,guardian, curators,
teachers and any person who, by abuse of
authority or confidential relationship, shall
cooperate as accomplice in crimes of rape, act
of lasciviousness, seduction, corruption of
minors, white slave trade or abduction; and
• 2. Art. 268- who gave place for commission of
slight illegal detention.
When Accessory Punished as Principal:
• 1. Art.149- knowingly concealing certain evil
practices.
• When Accessory Punished as Principal:
• 1. Art. 162-knowingly using counterfeited seal or
forged signature or stamp of the President;
• 2. Art. 168-Illgal possession and use of false
treasury or bank note;
• 3. Art. 173,par.3-using falsified document; and
• 4. Art.173,par.3-using falsified dispatch
Basis for the Imposition of Penalty:
• 1. Stage of Execution
• 2. Participation
• 3. Presence of aggravating/mitigating
circumstances
Measures of prevention or safety which are nor 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.
Notes :
• The preventive measures in this article are not penalties,
not because they are not imposed as a result of judicial
proceedings since par.1 and 2 may actually involved court
actions, but because the offender is not subject to suffer
these measures in expatriation of or as punishment of a
crime.
• Par 1. Refers to detention due to insanity or imbecibility of
the accused person.
• Where a minor offender was committed to a reformatory
pursuant to then Art. 80 and while thus detained he
commits a crime therein, he cannot be considered a quais-
recidivist since his detention is only a preventive measures.
• Classification of Penalties
1. According to divisibility
• Indivisible-no fixed duration
• Divisible-with fixed duration
2. According to gravity
• Afflictive
• Correctional
• Light
3. According to subject matter
• Deprivation of freedom
• Restriction of freedom
• Deprivation of rights
• Suspension
Notes:
There are penalties which maybe used either as principal or accessory,
the duration whereof if used as a principal is specified by the code;
and if used as an accessory, with the duration coterminous with its
principal. These are:

a) Perpetual absolute disqualification is a principal penalty in prevarication

(art.204) and perpetual special disqualification in malversation (art.217).
b) Temporary absolute disqualification is a principal penalty when the
accessory act with abuse of public function (art.19 [3]) and art. 58) and
temporary special disqualification, in direct bribery (Art.210).
c) Suspension is a principal penalty in rendition of unjust interlocutory orders
(Art. 206).
 Scale of Penalties
1. Principal Penalties
Afflictive Penalties:
a) Reclusion Perpetua
b) Reclusion Temporal
c) Perpetual or Temporary Absolute Disqualification
d) Perpetual or Temporary Special Disqualification
e) Prision Mayor
Correctional Penalties:
a) Prision Correctional
b) Arresto Mayor
c) Suspension
d) Destierro
Light Penalties
a) Arresto Menor
b) Public Censure
Penalties Common to the Three Preceding Classes:
a) Fine
b) Bond to keep the peace
Accessory Penalties:
a) Perpetual or Temporary Absolute Disqualification
b) Perpetual or Temporary Special Disqualification
c) Suspension from public office, the right to vote and be voted for,
the exercise of profession or calling.
d) Civil Interdiction
e) Indemnification
f) Forfeiture or confiscation or instrument and proceeds of offense
g) Payment of Cost
Graduation of Fines:
a) Afflictive –More than 6000
b) Correctional-not less than P200 but not more than P6000
c) Light- less than P200
Notes:
• Where fine is question is exactly P200, under ART.9 it is light penalty and not the
above rule, hence the felony involved is light felony.
Duration and Effect of Penalties:
a) Reclusion Perpetua- 20 year and 1 day to 40 years however after serving 30 years,
he may be pardoned
b) Reclusion Temporal-12 years 1 day to 20 years
c) Prision Mayor and Temporary Disqualification- 6 years 1 day to 12 years
d) Prision Correctional, Destierro, Suspension-6 months 1 day to 6 years
e) Arresto Mayor-1 month 1 day to 6 months
f) Arresto Menor-1 day to 30 days
g) Bond to keep the peace-period of time as court require.
• Temporary Disqualification or suspension , if imposed
as an accessory penalty-duration is the same as
principal penalty
• Destierro is imposed as a penalty for Inflicting serious
injuriea or killing under exceptional circumstances
(Art.247); failure of the offender to give a bond for
good behaviour in threats (Art. 284); for concubine
(art. 334); In cases after reducing the penalty by one or
more degrees destierro is the proper penalty.
• Reclusion perpetua remains as an indivisible penalty
with all the consequence and effects of such
classification.
Computation of penalties. The following rule should be observed:
1. 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.
2. 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.
3. The duration of the other penalties shall be computed only from the day on which
the defendant commences to serve his sentence.
Notes:
The service of an accused who is in prison commence on the day when the
judgment becomes final. Thus, if he has appealed, such judgment and his service
thereof begins only when the judgement of the appellate court upholding his
conviction becomes final. In the meantime, his status is that of a prisoner under
preventive imprisonment.
Examples of temporary penalties:
1. Temporary absolute disqualification
2. Temporary special disqualification
3. Suspension
Rules in cases of temporary penalties:
• If the offender is under detention, as when he is
undergoing preventive imprisonment, Rule No. 1
applies;
• If the offender is not under detention, because the
offender has been released on bail, Rule No. 3 applies.
Examples penalties consisting of deprivation of liberty:
1. Imprisonment
2. Destierro
Rules in cases of penalties consisting in deprivation of
liberty:
1. When the offender is NOT in prison, Rule No. 2
applies.
2. If the offender is undergoing preventive
imprisonment Rule No. 3 applies, that is, the duration
of the penalty shall be computed from the day on
which the defendant commences to serve the
sentence.
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.
• Offender undergoes preventive imprisonment when the
offense charge is non-bailable or even if bailable, he cannot
furnished the require bail bond.
• 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.
Notes:
• Preventive imprisonment is period of detention undergone by the accused where
the crime with which he is charged is non-bailable or, even if bailable, he is unable
to post the requisite bail.
• Where the accused had undergone preventive imprisonment for 5 years and was
thereafter convicted and sentenced to destierro of 3 years, there was no need for
him to serve such sentence as his preventive imprisonment shall be credited in his
favour.
• Full-time or four-fifth of the period of preventive imprisonment shall be credited
to the prisoner depending on whether or not he agreed voluntarily in writing to
abide by the same disciplinary rules imposed upon convicted prisoners.
• With regard to those denied the benefits of this article, Par.1 should include not
only recidivist but also habitual delinguency since the latter are within the scope of
this exception.
• Par.2 refers to those convict who failed to voluntarily surrender to serve their
penalties under final judgment, since this indicative of greater defiance.
 Accessory Penalties
Effects of Perpetual or Temporary Absolute Disqualification
a) Deprivation of public office or employment of offender;
b) Deprivation of right to vote or to be voted upon;
c) Disqualification for any public office; and
d) Loss of retirement pay or pension.
e) Effects last during the lifetime of convict even after the service of
sentence except as regards to par. 2 and 3.
Effect or Perpetual Temporary Special Disqualification for Public Office,
Profession or Calling
a) Deprivation of office, employment, profession, or calling affected;
and
b) Disqualification for holding similar offices or employment during
the period of disqualification.
Effects of Perpetual or Temporary Special Disqualification for Exercise of right
of Suffrage
a) Deprivation to right to vote or be elected to office; and
b) Cannot hold any public office during the period of disqualification.
Effects of Suspension from Public Office, Profession or Right of Suffrage
a) Disqualification from holding such office or the exercise of such profession
of right of suffrage during the term of sentence;
b) Cannot hold another office having similar function during the period of
suspension.
Effects of Civil Interdiction
a) Deprivation of the following rights:
b) Parental authority
c) Guardianship over the ward;
d) Marital authority; and
e) Right to manage his property and to dispose by an act inter vivos
Civil Interdiction is accessory penalty to following principal penalties:
a) Death not carried out/or commuted to reclusion perpetua
b) Reclusion Perpetua
c) Reclusion Temporal
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.
• Pardon maybe granted only “after conviction by final judgment”.
• A pardon shall in no case exempt the culprit from the payment of
the civil indemnity imposed upon him by the sentence
• Presidential Pardon affects only the principal penalty, but not the
accessory penalties, unless the same is expressly remitted in the
pardon.
• That such power does not extend to cases of impeachment.
Art. 38. 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.
Notes:
• Cost, or more completely, cost of suits are expense of litigation allowed
and regulated by the Rules of Court to be assessed or recovered by a party
in a litigation.
• As a rule, cost are allowed to the prevailing parties as a matter of course,
but the court shall have the power, for special reason to adjudge that
either party shall pay the cost of action or that the same maybe divided,
as maybe equitable.
• The assessment and payment of cost lie within the discretion of the court
and this is not generally subject to review by the higher courts.
• Cost which are expense of litigation are chargeable to the accused only in
case of conviction. In cases of acquittal, the cost are de officio, each party
beating his own expenses
Pecuniary Liabilities of the Offender
1. Reparation of the damage caused
2. Indemnification of consequential damages
3. Fine
4. Cost of Proceedings
• Must be satisfied in the order mentioned
• It is applicable in cases the property of the offender
should not be sufficient for the payment of all
pecuniary liabilities, Hence, if the offender has
sufficient property or NO property, there is no use of
Art. 38.
 Rules governing subsidiary
Imprisonment
• If NO property to meet the fine, every P8=1day, subject to the following rules:
1. Penalty to be imposed in prision correctional or arresto and fine-subsidiary
imprisonment:
a. Not to exceed 1/3 of the term of the sentence; and
b. Not to continue than 1 year fraction or part of day not counted
2. penalty imposed is fine only-subsidiary imprisonment:
a. Grave or less grave felony-not to exceed 6 months;
b.Light felony-not to exceed 15 days
3. Penalty imposed is higher than prision correctional-no subsidiary imprisonment
4. Penalty imposed is not by confinement but is of fixed duration, subsidiary
imprisonment is computed as in no.1;
5. Service of subsidiary imprisonment will not relieve offender of his pecuniary liability
to pay fine if his financial position improves after release.
Notes:
No subdsidiary imprisonment shall be imposed where :
1. The penalty is higher than prision correctional or 6 years;
2. For non- For non-payment of cost; and
3. payment of reparation or indemnification
4. Where the penalty is a fine, and another penalty without
fixed duration, like censure.
5. Subsidiary imprisonment is not imprisonment for debt
prohibited by the Constitution as contemplated there is
an obligation to pay a sum of money arising from contract,
what is covered is obligation to pay a sum of money
arising from a crime.
1. The rules on subsidiary penalty are applicable to crimes punished
by the special laws by force of Art.10 of the code.
2. When not imposed in the judgment the accused should never
undergoes subsidiary imprisonment in cases of insolvency.
No subsidiary penalty for non-payment of;
• 1. reparation
• 2. indemnification
• 3. cost of proceedings

Subsidiary penalty is not accessory penalty, thus must be specifically

provided in judgment.
 Penalties in Which Other Accessory
Penalties are inherent
1.Death, when NOT executed by reason of commutation or pardon:
a. Perpetual absolute disqualification; and
b. Civil interdiction for 30 years, if not remitted by the pardon.
2. Reclusion Perpetua; and Reclusion Temporal
a. Civil interdiction for life or during the term of the sentence; and
b. Absolute perpetual disqualification unless expressly remitted in
the pardon
3. Prision Mayor:
a. Temporary absolute disqualification; and
b. Perpetual special disqualification from the right of suffrage unless
expressly remitted in the pardon.
3. Prision Correctional:
a. Suspension from public office, right to follow
professional calling; and
b. Perpetual special disqualification from suffrage
if duration fo imprisonment exceeds 18 months
unless expressly remitted in the pardon.
c. There is perpetual disqualification from
suffrage, only when the duration of the
imprisonment exceed 18 months.
4. Arresto-suspension of the right to hold office and
of suffrage during the term of the sentence.
Reclusion Perpetua
• 1. has specific duration-20
yrs and 1 day to 40 years
and accessory penalty
• 2. penalty found in the RPC
Life Imprisonment
• 1. has no definite term or
accessory penalty
• 2. Penalty usually in special
laws.
 Confiscation of Proceeds or
Instrument of Crime
1. This accessory penalty is included in every
penalty imposed for commission of the crime;
2. Confiscation is in favour of the government;
3. Property of 3rd person not liable for the offense
is not subject to confiscation;
4. Property not subject of lawful commerce though
it belongs to 3rd persons shall be destroyed;
5. If the trial court did not order any confiscation of
the proceeds of crime, the government cannot
appeal as that would increase penalty imposed.
Confiscation does not apply on the ff:
• The instrument belongs to innocent person;
• Such properties have been place under the jurisdiction
of the court; and
• When it is legally and physically impossible.
• This accessory penalty presuppose a judgment of
conviction. However, even if the accused is acquitted
on reasonable doubt, but instrument or proceeds are
contraband, the judgement of acquittal shall order
their forfeiture for appropriate action. Ex. Monopolies
and restrain in Trade (art. 186).
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.
Notes:
• This article constitute the basic rule and starting points for the
graduation of penalty by degree. When the Code provides the
penalty for a felony in general terms, it is understood that it is the
penalty for the principal in the consummated felony. That will be
the basis for reducing the penalty by degrees for the accomplice
and accessory. Likewise, the penalties for all the offender in the
frustrated and attempted stage shall be reduced by degrees with
the rule in this article as the starting point.
Complex Crime -Kinds:
1. Compound-Single act
2. 2. Complex Crime- necessary means
Requisites for Compound Crimes:
1. That a single act is performed by the offender.
2. When a single act results in:
a) 2 or more grave felonies;
b) 1 or more grave and 1 or more less grave; or
c) 2 or more less grave felonies
 Plurality of crimes consist in the successive execution by the
same individual of different acts upon any of which no
conviction has yet been declared.
1. Real or material-there are different crimes in law as
well as in the conscience of the offender. Eg. A stab B
with a knife. Then A also stabbed C. There are two
crimes committed. Note: there are two acts performed
2. Formal and ideal type:
a. Art. 48
b. When the law fixes a single penalty for two or more
offense committed- Special Complex Crime.
3. Compound crime.
• Felony and crime punished by special law: no complex crime , 2
independent crimes are committed.
• Several light felonies resulting from single act: not complex
• Ex. A single act of throwing a hand grenade at a person, killing him and
injuring others-murder with multiple frustrated murder; or one shot and
the same bullet killed A and hit and killed B.
• Several shots from Thompson sub-machine gun causing several deaths,
although used by a single act of pressing the trigger, are considered
several acts.
Complex Crime Proper
Elements:
a) That at least two offense are committed;
b) That one or more of the offenses must be necessary to commit the other;
c) That both or all the offenses must be punished under the same statute.
 Notes:
• Penalty for complex crime-maximum period of the most serious crime
• When the two crimes is punished by different statutes although the law uses
“offense” there is no complex crime.
• There is no complex crime of arson with homicide.
• Applicable to crimes through negligence- Complex crime of with less serious
physical injuries through reckless imprudence.
• Theft of firearm and illegal possession of firearm do not form a complex crime-
there are two distinct crimes.
• Material plurality refers to different criminal intent resulting in two or more
criminal intent resulting in two or more crimes for each the accused incurs criminal
liability. Ex. Killing by two or more victims by different shots; falsification to conceal
malversation. Raping a girl and killing her after wards-2 crime rape and murder.
• Special Complex Crime-Rape with homicide (Art.266-B); Kidnapping and serious
illegal detention with murder (Art.267); Robbery with Homicide (Art. 294);
Attempted or Frustrated Robbery with Homicide (Art.297); and Arson resulting in
Homicide (Art. 320 as amended by R.A. 7659).
• Art. 48 does not apply when the law provides one single penalty for special
complex crime.
Example of offense necessary means of committing the other:
– Simple seduction by means of usurpation of authority.
– Forcible abduction with rape.
• subsequent act of intercourse, after forcible abduction with rape, are
separate act of rape.
• In complex crime when the offender executes various acts, he must
have a single purpose. Ex. Estafa with multiple falsification and not
seventeen separate estafas and seventeen separate falsification.
• No complex crime when trespass to dwelling is a direct means to
commit a grave offense (rape, murder or homicide).
• No complex crime, when one offense is committed to conceal the
other. Eg. After committing homicide, accused set the house on fire to
conceal the crime.
• No complex crime when one offense is penalized by special law.
Homicide and illegal possession of firearms.
• One information should be filed when a complex crime is committed.
 Complex Crime is not applicable
a) When the crime subject of the case are
covered by the doctrine of common
elements;
b) When the crime involved are subject to
absorption of one crime to another;
c) Where two offense resulting in a single act
are punished as single crime. Ex. Less serious
physical injuries with slander by deed (Art.
265, par. 2).
Application of Penalties which Do Not Contain 3 Periods
• Court applies rules in foregoing articles, dividing into 3
equal portion the time included in the penalty prescribe
and one portion equals one period.
Application of Fines
Courts may fix any amount within limits established by law,
they can consider:
• 1. presence of aggravating and mitigating circumstances.
• 2. wealth and means of the culprit
When the law does not fix a minimum-left to court’s
discretion, provided the fine is imposed, does not exceed
the maximum authorized by law.
 Continuous/Continued/Continuing Crime
• A single act consisting of series of acts arising from one
criminal resolution and is therefore not a complex
crime. The reason is that neither the criminal act nor
the intention is susceptible of division.
• The reason is that neither the criminal act not the
intention is susceptible of division.
• Ex. Taking by the accused from the yard of a house 2
rooster belonging to 2 different owners is one theft
only because the two act of taking arose from one
criminal resolution only.
• There is no complex crime of rebellion with murder.
• 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.
• 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.
• 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.
 Consumm Frustrated Attempted
ated
Principal 0 1 2
Accomplice 1 2 3
Accessory 2 3 4
This rule does not apply when specifically provides for penalty for attempted and
frustrated; accomplice and accessory.
The 0 is the penalty provided for by law identified as principal and/or consummated.
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. Ex. In
attempted or frustrated robbery with homicide, the increased penalty of reclusion
temporal is imposed (art.297) when ordinarily the penalty therefore if reduced by
one degree should only be reclusion temporal.
Provided is the diagram for the reduction of penalties by degrees based on the
participation of the particular accused and the stage of execution of the crime. The
following should first considered in fixing the degrees of the penalties to be
imposed on the accused concerned to wit:
• Nature of the participation of the accused;
• Stage of execution of the felony;
• Privilege mitigating circumstances;
• Presence of two or more mitigating circumstances with no aggravating
circumstances
Crimes committed Different from that
Intended
1. Penalty:
a) Crime committed has higher penalty: penalty for the crime
intended in its maximum period;
b) Crime committed has lower penalty: penalty for crime
committed is its maximum period;
c) Crime committed is an attempt or frustration of another
crime with higher penalty: penalty of attempted or
frustrated in its maximum period.
2. Kinds:
a) Error in personae-mistake in identity
b) Aberration ictus-mistake in blow
c) Praeter intentionem-act went beyond the intent
 Rules for Graduating Penalties:

When the penalty prescribe for the felony is:

1. single and Indivisible-Penalty next lower in that immediately following. As
per Art.71;=eg. Rec. Perpetua (indiv) next lower is Reclusion Temporal.
2. Two Indivisible Penalties or One or More Divisible Penalties to their Full
Extent-Penalty next lower is that immediately following lesser penalties
prescribe; Eg. Rec. Pert to Death (two indiv) next lower is Rec,. Temporal
3. One or Two Indivisible Penalties and Maximum Period of Another Divisible
Penalty-penalty next lower is medium and minimum of proper divisible
penalty and maximum of the one immediately following; Death, Rec. Pert
(two ind.) to the Max period of Rec. Temporal.
4. Several Periods Corresponding to Different Divisible Penalties-Penalty next
lower is period following minimum prescribe and the two next following
which shall be taken from the penalty immediately following;
5. Some Manner Not Specifically Provided For in the 4 Preceding Articles-
courts proceeding by analogy shall impose the corresponding penalties.
The above rules apply in:
1. determining minimum of determinate penalty;
2. privilege mitigating circumstance; and
3.penalty is divisible and there are 2 or more
mitigating and no aggravating circumstances.
• It is only after the penalty next lower in degree is
already determined that the mitigating and/or
aggravating circumstances should be considered.
 Effects of Attendance of Mitigating or Aggravating
Circumstances and of Habitual Delinquency
1. Aggravating circumstances which is themselves constitute
crime specially punishable by law or which are included by
the law in defining a crime and prescribing the penalty
therefore-not considered to increase the penalty;
2. Same rule as to aggravating circumstances inherent in the
crime to such a degree that it must of necessary
accompany commission thereof;
3. Aggravating or mitigating circumstances which arises from:
• Moral attributes of the offender
• Private relations with the offender
• Any other personal cause-
• -shall aggravate or mitigate liability of those as to whom
such circumstances are attendant
4. Circumstances which consist in the:
• Material execution of the act
• Means employed to accomplish it-shall aggravate or mitigate
the liability of those person only who has knowledge of them
at the time of the execution of the act or their cooperation
therein.
5. Effects of Habitual Delinquency:
• 3rd conviction-plus prision correctional medium to maximum
period
• 4th conviction-plus prision mayor minimum to medium
• 5th conviction or more-plus prision mayor maximum to
reclusion temporal minimum
• But the total of two penalties shall not exceed 30 years
 Application of Indivisible Penalties

1. One indivisible penalty-applied by court regardless of

any mitigating or aggravating circumstances.
2. Two Indivisible Penalties:
a. 1 aggravating and no mitigating=greater penalty
b. No mitigating and aggravating=lesser penalty
c. With mitigating and no aggravating=lesser penalty
d. 1 mitigating and 1 aggravating=court shall offset
• When the penalty is composed of two indivisible
penalties, the penalty cannot be lowered by one
degree, no matter how many mitigating circumstances
are present. Cannot apply Art.64 par.5
Exception if privilege mitigating circumstances.
• The determination of the penalty being dependent on
the mitigating circumstances and despite the absence
of aggravating circumstances. However, regardless of
the number of ordinary mitigating circumstances and
despite the absence of aggravating circumstances, the
penalty cannot thereby be reduced by any degree.
Application of Penalties Which Contain
3 Periods
Whether a single divisible penalty or 3 different penalties, each one of
which forms a period:
1. no mitigating and no aggravating=medium period
2. with mitigating and no aggravating=minimum period
3. with aggravating and no mitigating=maximum period
4. with mitigating and with aggravating=offset
5. two or more mitigating and no aggravating=penalty next lower
6. courts cannot impose greater penalty than that prescribe by law
in its maximum period.
7. within limits of each period, courts shall determine extent of
penalty according to the number and nature of the aggravating and
mitigating circumstances, and greater or lesser extent of evil
produced by the crime.
• Qualifying circumstances cannot be offset by generic
mitigating circumstances.
These article provided for rules for determining the imposable
period of the penalty which may consist of:
• A single divisible penalty, such as reclusion temporal for
homicide (art.249).
• Three different penalties, even if some are indivisible
penalties, as reclusion temporal to death for treason by
resident alien (Art.114).
• Divisible penalties not composed of but divisible into three
periods, as for example, prision correctional in its medium
and maximum perios for Direct assault (Art.148).
Above Rules Not Applicable When the Penalty is
a)Indivisible
b)Prescribe by Special law
c) Fine
d)Felonies through negligence; and
e)Imposed upon Moro or other non-Christian
inhabitants
Penalty to Be Imposed When Not All The Requisite Of
Exempting Circumstances Of Accident (Art. 12, Par.4) Are
Present:
Resulting Injury
• Grave Felony; Arresto Mayor maximum to Prision
Correctional minimum
• Less grave felony: Arresto Mayor minimum to medium
Requisites for Art.12, Par.4
a) Act causing injury is lawful
b) Performed with due care
c) Injury caused by mere accident
d) Without fault or intention of causing it
Penalty To Be Imposed Upon Person Under 18 Years
Of Age
1.more than 9 but less than 18 who acted with
discernment-discretionary penalty but always
lower by 2 degrees at least (Pri. Mitigating).
Applies only when:
a. application for suspension of sentence is
disapproved; or
b. while in the reformatory institution, the
minor becomes incorrigible and is returned to
court for imposition of the proper penalty
Penalty To be Imposed When the Crime Is Not
Wholly Excusable (Pri. Mitigating).
• The penalty next lower by 1 or 2 degrees, if the
requisites in Art. 11 and 12 are not all present,
provided majority are present; the court imposes
the penalty in the proper period, considering the
number and nature of the condition of exemption
present or lacking.
• If majority of the requisites are present, and with
2 mitigating circumstances and no aggravating
circumstances=3 degrees lower
 Sucessive Service of Sentence
When the culprit has serve 2 or more penalties, he must serve them simultaneously if
their nature will permit. Otherwise observe the following rules:
1. Follow the order of severity:
a) Death
b) Reclusion Perpetua
c) Reclusion Temporal
d) Prision Mayor
e) Prision Correctional
f) Arresto Mayor
g) Arresto Minor
h) Destierro
2. But the maximum duration of the sentence must not be more than 3 times the
length equal to the most severe penalty imposed (3 fold rule).
3. Maximum period 40 years.
4. In applying this rule, compute perpetual penalties at 30 years
Three Fold Rules Applies:
a. Only when the convict has to serve at least 4 sentence
b. Only when total of all penalties imposed exceed the most severe 3
times;
c. Even though penalties were imposed for different crimes, at
different times and separate information; and only when the
convict has to serve continuous imprisonment for several offenses.
• If sentence is indeterminate, consider maximum term for the 3-fold
rule.
• Imposition of the 3-fiold penalty does not preclude subsidiary
imprisonment for failure to pay fine, provided principal penalty
does not exceed 6 years.
• Multiple capital penalties maybe imposed , for they will not
necessarily be served simultaneously.
Different System of Penalties:
• Material accumulation-serve all
• Juridical accumulation-3-fold Rule
• Absorption-complex crimes, continuing crime,
special complex crimes.
 Graduated Scale of Penalties
When the law prescribe a penalty lower or higher by 1 or more degrees than
another given penalty, follow the rules for Graduating Penalties.

Scale 1
a) Death
b) Reclusion Perpetua
c) Reclusion Temporal
d) Prision Mayor
e) Prision Correctional
f) Arresto Mayor
g) Destierro
h) Arresto Minor
i) Public Censure
j) Fine
Scale 2
a) Perpetual Absolute Disqualification
b)Temporary Absolute Disqualification
c) Suspension
d)Public Censure
e) Fine
f) Destierro may be applied not only when it is the
panlty prescribe by law, but also it is the penalty
next lower in degree.
Complex Penalty Composed Of 3 Distinct
Penalties
• Each distinct penalties shall form a period.
• When the prescribe penalty does not have
one of the forms specifically provided for in
this code, period shall be distributed, applying
by analogy the prescribe rules.
 Penalties Time included in Time included in Time included in Time included in
the penalty in its its minimum its medium its maximum
entirety period period
Reclusion temporal From 12 years and From 12 years and From 14 years, 8 From 17 years, 4
1 day to 20 years. 1 day to 14 years months and 1 day months and 1 day
and 8 months. to 17 years and 4 to 20 years.
months.
Prision mayor, From 6 years and 1 From 6 years and 1 From 8 years and 1 From 10 years and
absolute day to 12 years. day to 8 years. day to 10 years. 1 day to 12 years.
disqualification and
special temporary
disqualification
Prision From 6 months and From 6 months and From 2 years, 4 From 4 years, 2
correccional,suspen 1 day to 6 years. 1 day to 2 years months and 1 day months and 1 day
sion anddestierro and 4 months. to 4 years and 2 to 6 years.
months.
Arresto mayor From 1 month and From 1 to 2 From 2 months and From 4 months and
1 day to months. months. 1 day to 4 months. 1 day to 6 months.
Arresto menor From 1 to 30 days. From 1 to 10 days. From 11 to 20 days. From 21 to 30 days.
 Indeterminate Sentence Law
Not applicable when:
• 1. punished by death or life imprisonment
• 2. treason, conspiracy or proposal to commit treason
• 3. misprision of treason; rebellion, sedition, espionage
• 4. piracy
• 5. habitual delinquent
• 6. escapee
• 7. already serving sentence when the law was passed
• 8. violated conditional pardon
• 9. maximum period 1 year
Rules:
1. It does not apply to destierro
2. After serving minimum, prisoner maybe released on parole
3. Under RPC:
• Maximum: that which, in view of the attending
circumstances, could be properly imposed
• Minimum: within the range of the penalty next lower to the
prescribe by the Code of the offense
4. Under special Laws:
• Maximum: not exceed fixed by law
• Minimum: not less than minimum prescribe by the said law
 Youthful Offenders

• Youthful offender: a minor who is over 9 years of age but under 18

years of age at the time of commission, regardless of whether
previously emancipated or not.
Effect:
1. Instead of pronouncing judgment of conviction, the court upon
application, will commit the minor to the custody or care of the
DSWD.
2. If he behave properly while committed, the court shall dismiss the
case, even before he reaches the age of majority, if recommended
by DSWD.
3. Upon reaching 21, the court shall determine whether to dismiss the
case or to pronounce judgement of conviction. The youthful
offender shall be credited for the time he has committed.
 Grounds For Pronouncing Judgment
for Youthful Offender
• Found incorrigible;
• Wilfully failed to comply with the conditions of
rehabilitation program
• Continued stay in training institution is inadvisable.
• Release on good conduct does not obliterate civil liability
for damages.
Not applicable when:
1. Already once enjoyed.
• An order denying an application is not applicable.
• If the offender was a minor when the crime was committed
but is over 21 when convicted, he is not entitled to
suspension of sentence.
Suspension Of Execution of Death Sentence
Death sentence shall not be inflicted:
1. woman while pregnant
2. within 1 year after delivery
3. any person70 years of age; or
4. convict becomes insane after final judgement
 Extinction Of Criminal Liability
Criminal Liability is Totally extinguished:
1. death of the convict, as to personal penalties; and as to pecuniary
penalties, when the death occurs before final judgement;
2. service of sentence;
3. amnesty
4.absolute pardon
5. prescription of the crime
6. prescription of the penalty; or
7. marriage of the offended
• Criminal liability not extinguish by death of victim
• Amnesty completely extinguish penalty and all its effects; except for
civil liability, which persists.
 Prescription of the Crime
1. Death, reclusion perpetua or reclusion temporal-20 years
2. Other afflictive penalties-15 years
3. Correctional penalty-10 years except arresto mayor-5
years
4. Libel or other similar offenses-1 year
5. Oral defamation and slander by deed-6 months
6. Light offenses-2 months

When penalty is fixed by law is compound one, highest

penalty shall be made basis of application of rules
contained in 1st, 2nd and 3rd par.
 Partial Extinction of Criminal Liability
1. Conditional pardon;
2. commutation of sentence;
3. good conduct allowance;
• The good conduct of any prisoner in any penal
institution shall =entitle him to following deductions
from the period of his sentence:
• First 2 years-5 days/month of good behaviour
• 3rd to 5th-8 days/month
• Following years until 10th -10 days/month
• 11th and successive years-15 days/month
4. Parole
 Special time Allowance for Loyalty
Partial Extinction of Criminal Liability
A deduction of 1/5 of the period of his sentence shall be granted to any
prisoner who, having evaded service of his sentence under the following
circumstances:
a) On occasion of disorder;
b) Conflagration;
c) Earthquake
d) Explosion
e) Mutiny in which he has not participated
f) Gives himself up to authorities within 48 hours following issuance of
proclamation announcing the passing away of calamity or catastrophe
mentioned.
g) If he fails to give himself up upon cessation of catastrophe or calamity, 1/5
of unexpired portion of his sentence shall be added but not to exceed 6
months.
 Computation of Prescription of
Offense
Start: from day crime was discovered by offended party, authorities /agent;
Interrupted: filing of complaint information
Re-start: when proceedings are terminated without accused being convicted
or acquitted or are unjustifiably stopped for any reason not imputable to
him.
• Period will not run if offender is abroad
• Discovery of crime, not discovery of offender, that start running of period.
• Filing of complaint/information in municipal court for preliminary
investigation interrupts the running of the prospective period
• To interrupt period, it must be proper complaint/information
corresponding to the offense.
• If dismissal is final, accused cannot be prosecuted anymore, even if stil
within prescriptive period, on ground of double jeopardy.
• If proceedings are interrupted because of accused’s own acts, it does not
run.
 Computation of Prescription of
Offense
1. Death, Reclusion Perpetua-20 years
2. Other afflictive penalties-15 years
3. Correctional penalties-10 years
4. Arresto mayor-5years
5. Light-1 year
• Penalty must have been imposed by final judgement,
therefore, prescription will not run pending appeal.
• Prescription of crime-consider penalty prescribe by law
• Prescription of penalty-consider penalty imposed
Fine of P200
• Crime prescribe in 2 years (light)
• Penalty prescribe in 10 years (correctional)
 Computation of Prescription of
Penalties
• Start: when culprit evades service of
sentence
• Stop: if defendant-surrender, is captured,
goes to a foreign country which we have no
extradition treaty, commit another crime
before the expiration of the period of
prescription, acceptance of conditional
pardon.
• Evades sentence means actual escape
 Civil Liability
Civil liability of Persons Guilty of Felony
• Every person criminally liable for a felony is also civilly
liable.
• If no damage, no civil liability even if there is criminal
liability.
• Civil liability may exist, although criminal liability may not ,
in the following cases:
1. acquitted on reasonable doubt;
2. acquitted from cause of non-imputability
3. acquittal in criminal action for negligence;
4. there is only civil responsibility adjudge; or
5. independent civil actions.
Reservation must be made to institute the following
separate civil actions:
1. when civil action is base on an obligation not arising
from the act omission complained of as a felony;
2. cases referred to Art.31, 32 and 33 of NCC, whether or
not the defendant act or omission constitute criminal
offender;
3. defamation, fraud, physical injuries;
4. civil action against member of city or municipal police
for refusing or failing ro render aid or protection to
person in case of danger to life or property; and
5. quasi-delict.
 Prejudicial Question
• Another exception to the rule that the
criminal action is decided first and the civil
action is suspended.
• Acquittal in criminal case is not evidence of
innocence in subsequent civil action based
upon the alleged criminal act.
• Rules regarding Civil Liability in Certain Cases;
Rules regarding Civil Liability in Certain
Cases
• Exemption from criminal liability established in Art.12, par. 1,2,3,5,6 and
Art.11, par. 4 does not include civil liability.
1. Art.12, par.1,2,3
-persons with legal authority or control are liable, unless they show that they
had no fault or negligence.
-if no onw was in charge, or person is insolvent, offender is personally liable.
• Art.11,Par.4
Person benefitted is civilly liable, in proportion to benefit he received.
Courts determine proportion to the benefit he received.
Courts determine proportionate amount.
• Art. 12. Par.5 and 6
Primarily liable-person using violence or causing fear
Secondarily liable (of if there are no person primarily liable) those doing the
act.