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RPC, art. 21-88
• Nature
• 1. Ex post facto law and bill of attainder (3.22)
• 2. Due process (3.1)
• 3. No cruel and inhuman punishment (3.19)
• B. Content
• 1. Freedom of speech, expression, press,
assembly, petition government (3.4)
• 2. Freedom of Religion (3.5)
• 3. Liberty of abode (3.6)
• 4. Freedom of Association (3.8)
• 5. Freedom of Political beliefs (3.18)
• 6. No imprisonment for debt or poll tax (3.20)
• A. Revised Penal Code
• Art. 21. Penalties that may be imposed. — No
felony shall be punishable by any penalty not
prescribed by law prior to its commission.
• Art. 22. Retroactive effect of penal laws. — Penal
Laws shall have a retroactive effect insofar as they
favor the persons guilty of a felony, who is not a
habitual criminal, as this term is defined in Rule 5 of
Article 62 of this Code, although at the time of the
publication of such laws a final sentence has been
pronounced and the convict is serving the same.
• B. Civil Code

• Art. 2.  Laws shall take effect after fifteen days

following the completion of their publication in the
Official Gazette, unless it is otherwise provided.  This
Code shall take effect one year after such
RPC, art. 21, 24, 25

• Art. 21. Penalties that may be imposed. — No

felony shall be punishable by any penalty not
prescribed by law prior to its commission.
• Art. 24. x x x not be considered x x x 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

• Principal Penalties

• Accessory Penalties
Principal Penalties
• Capital punishment: Death.
• Afflictive penalties: Reclusion perpetua,
Reclusion temporal,
Perpetual/temporary absolute
Perpetual/temporary special
Prision mayor.
• Correctional penalties: Prision correccional,
Arresto mayor,
• Light penalties: Arresto menor,
Public censure.
Principal Penalties
Penalties common to the three preceding

• Fine, and
• Bond to keep the peace.
Accessory Penalties
• Perpetual or temporary absolute disqualification,
• Perpetual or temporary special disqualification,
• Suspension from public office, the right to vote
and be voted for, the profession or calling,
• Civil interdiction,
• Indemnification,
• Forfeiture or confiscation of instruments and
proceeds of the offense,
• Payment of costs.
• Death PAD/CI 30
• Reclusion Perpetua PAD/CI
• Reclusion Temporal PAD/CI
• Prision Mayor TAD/PSD-vote
• Prision Correccional S-POf/PSDVote
• Suspension
• Destierro
• Arresto Mayor S-Of/Suffrage
• Arresto Menor S-Of/Suffrage
Death penalty
• a. Const., art. III, sec. 19(1)

• SECTION 19. (1) Excessive fines shall not be

imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death
penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion
Death penalty
• Republic Act No. 7659
– Imposed death penalty on heinous crimes
• Republic Act No. 9346 (06/24/2006)
– Prohibits death penalty
• People v. Echegaray, 267 SCRA 682
•  Imposed for serious Prescribed
offenses penalized by under the
special laws RPC

• Does not carry with it Carries with it

accessory penalties accessory
penalties >
• Does not appear to Entails
have any definite imprisonment
extent or duration for at least 30 years
after which the
convict becomes
eligible for pardon
although the
maximum period shall
in no case exceed 40
• Serious physical injury, death under
exceptional circumstances (247)
• Failure to give bond for good behavior (284)
• Concubine – (334)
• Penalty reduced by one or more degrees
• Art. 26. When afflictive, correctional, or light
penalty. — A fine, whether imposed as a
single of as an alternative penalty, shall be
considered an afflictive penalty, if it exceeds
6,000 pesos; a correctional penalty, if it does
not exceed 6,000 pesos but is not less than
200 pesos; and a light penalty if it less than
200 pesos.
Effects of Perpetual and temporary absolute

1. Deprivation of any public office

2. Deprivation of the right to vote in any election
or to be voted upon
3. Disqualification from public employment
4. Loss of rights to retirement pay or pension

TAD – 2 & 3 only during period of penalty

Effects of Perpetual and Temporary Special
1. For public office, profession, or calling
a. Deprivation of the office, employment, profession or
calling affected
b. Disqualification for holding similar offices

2. For the exercise of the right of suffrage

a. Deprivation of the right to vote or to
be elected in an office
b. Cannot hold any public office
• Perpetual absolute disqualification
effective during the lifetime of the
convict and
even after the service of the sentence.
• Civil Interdiction; Effects;
Deprivation of the following rights:
1. Parental rights
2. Guardianship over the ward
3. Marital authority
4. Right to manage property and to dispose of
the same by acts inter vivos
Classification of Penalties
– Principal/Accessory (permanent/temporary
absolute/special disqualification and
suspension may be both)

– Divisible/Indivisible (fixed period, 3 periods,

no fixed duration)
Classification of Penalties
– Subject matter/Nature – Corporal, deprivation of
liberty, restriction of liberty (destierro),
deprivation of rights (disqualification, suspension),
pecuniary (fine)
– Gravity – Capital (Death), Afflictive (Reclusion
Perpetua-Prision Mayor), Correctional (Prision
Correccional, Arresto Mayor, Destierro,
Suspension), Light (Arresto Menor, Public
• Reclusion Perpetua – 30/40 years
• Reclusion Temporal - 12 years, 1 day 20 years
• Prision Mayor - 6 years, 1 day 12 years
• Temporary Disqualification
• Prision Correccional - 6 months, 1 d 6 years
• Suspension
• Destierro
• Arresto Mayor - 1 month, 1 day 6 months
• Arresto Menor - 1 day 1 month

Death/ Reclusion Perpetua - Indivisible

• Reclusion Temporal
12 years, 1 day to 20 years
(8/3 = 2y 8m)
Minimum - 12y 1d to 14y 8m
Medium – 14y 8m 1d to 17y 4m
Maximum – 17y 4m 1d to 20 years
• Prision Mayor
6 years to 12 years
(6/3 = 2 years)
Minimum – 6y 1d to 8y
Medium - 8y 1d to 10y
Maximum – 10y 1d to 12y
• Prision Correccional
6 months 1 day to 6 years
(66/3 = 22 months)
Minimum – 6m 1d to 2y 4m
Medium - 2y 4m 1d to 4y 2m
Maximum – 4y 2m 1d to 6y
• Art. 28. Computation of penalties. — If the
offender shall be in prison, the term of the
duration of the temporary penalties shall be
computed from the day on which the
judgment of conviction shall have become
final. >

• If the offender be not in prison, the term of

the duration of the penalty consisting of
deprivation of liberty shall be computed from
the day that the offender is placed at the
disposal of the judicial authorities for the
enforcement of the penalty. The duration of
the other penalties shall be computed only
from the day on which the defendant
commences to serve his sentence.
• Art. 29. Period of preventive imprisonment deducted from
term of imprisonment.
• Full time - IF the detention prisoner agrees voluntarily in
writing to abide by the same disciplinary rules imposed
upon convicted prisoners, except:
– 1. 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.
• 4/5 – IF the detention prisoner does not agree to abide by
the same disciplinary rules imposed upon convicted
prisoners, (As amended by Republic Act 6127, June 17,
• 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. (As amended by E.O. No. 214, July 10,
Degree of Participation/Stage
Consummated Frustrated Attempted

Principals 0 1 2
(Art. 46) (Art. 50) (Art. 51)
Accomplices 1 2 3
(Art. 52) (Art. 54) (Art. 56)
Accessories 2 3 4
(Art 53) (Art. 55) (Art. 57)
Homicide (249)
Consummated Frustrated Attempted

Principals RT PM PC

Accomplices PM PC AMa

Accessories PC AMa AMe

Degree of Participation
• Art. 60. Exceptions to the rules established in
Arts. 50-57
– Cases in which law expressly prescribes the
penalty provided for a frustrated or attempted
felony, or to be imposed upon accomplices or
accessories e.g.:
• Attempted or frustrated robbery with homicide
(reclusion temporal v. reclusion temporal to reclusion
perpetua) (297)
• Crimes against chastity of authorities (principal)
Robbery with Homicide (295/297)
Consummated Frustrated Attempted

Principals RP-Death RT-RP RT-RP

(RT) (PM)

Accomplices RT

Accessories PM
Degree of Participation

• Mitigating and aggravating circumstances are

disregarded in graduating penalties

• Applied only after determination of maximum

and minimum periods
Degree of Participation
• Art. 61. Rules for • Death
graduating penalties • Reclusion perpetua
• First Rule: when penalty • Reclusion temporal
is single and divisible • Prision mayor
• E.g. homicide, penalty: • Prision correccional
reclusion temporal
• Arresto mayor
• penalty next lower in
degree: prision mayor • Arresto menor
• Destierro
• Public censure
• fine
Degree of Participation
• Second Rule: When • Death
penalty is composed of • Reclusion perpetua
two indivisible penalties • Reclusion temporal
• The penalty immediately •
following the lesser of the Prision mayor
penalties • Prision correccional
• E.g. Parricide (Art.246): • Arresto mayor
reclusion perpetua to • Arresto menor
death • Destierro
• Penalty next lower in • Public censure
degree: reclusion •
temporal fine
Degree of Participation
• Third Rule: When the penalty is • Death
composed of one or more divisible • Reclusion perpetua
penalties to be imposed to their full • Reclusion temporal
• Prision mayor
• Penalty immediately following the
lower • Prision correccional
• 1 Divisible penalty to be imposed to • Arresto mayor
its full extent: reclusion temporal • Arresto menor
• Prision mayor • Destierro
• 2 divisible penalties: prision • Public censure
correccional to prision mayor • fine
• Arresto mayor
Degree of Participation
• Fourth Rule: When the penalty • Death
is composed of two indivisible • Reclusion perpetua
penalties and the maximum • Reclusion temporal (max)
period of a divisible penalty
• Reclusion temporal (mid)
• Min and mid of divisible + max
of next lower • Reclusion temporal (min)
• e.g. murder (Art. 248): • Prision mayor (max)
reclusion temporal in its max • Prision mayor (mid)
period to death • Prision mayor(min)
• Maximum of prision mayor to • Prision correccional
Minimum and medium periods • Arresto mayor
of reclusion temporal
Degree of Participation
• Fifth Rule: When the • Reclusion temporal (max)
penalty is composed of • Reclusion temporal (mid)
several periods (at least 3) • Reclusion temporal (min)
• Period immediately
• Prision mayor (max)
following the min and the
two immediately • Prision mayor (mid)
following • Prision mayor(min)
• e.g. prision mayor in its • Prision correccional (max)
medium period to • Prision correccional (mid)
reclusion temporal in its • Prision correccional (min)
minimum period
• Arresto mayor
Degree of Participation
• Fifth: • Prision correccional
• (two periods of same (max)
penalty) • Prision correccional (mid)
• Abduction (Art. 343) • Prision correccional (min)
prision correccional in its • Arresto mayor (max)
medium and minimum • Arresto mayor (mid)
• Arresto mayor (min)
• Arresto mayor mid-max
• Destierro
Degree of Participation
• Fifth: • Prision correccional
• (two periods of diff (max)
penalties) • Prision correccional (mid)
• E.g. physical injuries • Prision correccional (min)
(Art. 263 subsection 4) • Arresto mayor (max)
arresto mayor in its max • Arresto mayor (mid)
period to prision
correccional in its min • Arresto mayor (min)
period • Destierro
• Arresto mayor (min-mid)
Degree of Participation SIMPLIFIED
• If penalty prescribed consists in 3 periods,
corresponding to different divisible penalties, the
penalty next lower in degree is the penalty
consisting on the 3 periods down in the scale
• If penalty prescribed consists in 2 periods, the
penalty next lower in degree is the penalty
consisting in 2 periods down the scale
• If the penalty prescribed by the code consists in
only one period, the penalty next lower in degree
is the next period down the scale
Degree of Participation
• Mitigating and aggravating circumstances are
disregarded in graduating penalties
• Applied only after determination of lower
Effect of Mitigating, Aggravating and
Qualifying Circumstances
• Art. 62 Generic
• Aggravating circumstances increase the
penalty without exceeding the maximum
provided by law
• Mitigating circumstances diminish the penalty
Rules on Circumstances (64)
1. No AC and MC – Medium
2. Only MC – Minimum
3. Only AC – Maximum
4. Both AC and MC, Court will offset
5. 2 or more MC – penalty next lower
Effect of Mitigating and Aggravating
• Circumstances which arise from
– The moral attributes of the offender
• evident premeditation v passion and obfuscation
– From his private relations with the offended party
• family as an alternative circumstance
– From any other personal cause
• Minor ora recidivist
• Serve to aggravate or mitigate the liability of the
principals, accomplices and accessories as to
whom such circumstances are attendant
Effect of Mitigating and Aggravating
• Circumstances which consist
– In the material execution of the act
• A was not present when B killed C with treachery
– In the means employed to accomplish it
• A did not know B will poison C
• …Shall serve to aggravate the liability of those
persons only who had knowledge of them at the
time of the execution of the act or their
cooperation therein
• (Reyes says it is impossible to conceive mitigating circumstances relating
to the commission of the crime that does not apply to all defendants)
Effect of Aggravating and Qualifying
• Not taken into account to increase penalty:
– ACs which in themselves constitute a crime
• “by means of fire” (art. 14 par. 12) in arson
• “by derailment of a locomotive” (art. 14 par. 12) in
“damages and obstruction to means of communication” (art.
– ACs which are included by law in defining a crime
• robbery in the dwelling of the offended party
• Abuse of confidence in qualified theft with grave abuse of
• Poison in murder
– ACs inherent in the crime
• Evident premeditation in robbery and theft
Effect of Aggravating Circumstances
• When maximum penalty shall be imposed
– When in the commission of the crime, advantage
was taken by the offender of his public position
– If the offense was committed by any person who
belongs to an organized/syndicated crime group

1. IF penalty is provided by Special Law – Min

and Maximum, within periods provided by
said law
2. If penalty provided for under RPC

– no MC, no AC RT; Max- RT medium

Min – within range of PM
-1 MC RT; Max – RT minimum
Min – within range of PM
- 1 AC RT; Max – RT maximum
Min – within range of PM
- MC & AC - offset
- Complex - Penalty for graver offense, maximum
- Minimum at penalty next lower
Not Applicable
• Unfavorable to the accused
• Treason, conspiracy or proposal to commit treason, piracy
Misprision of treason, rebellion, sedition or espionage
• Habitual delinquents
• Escaped from confinement
• Violated terms of conditional pardon
• Maximum term does not exceed one year
• Convicted prior to effectivity of law
• Destierro or suspension
• If offense is punishable by reclusion perpetua to death
Imposition of Fines
• Art. 66
• In imposing fines, the courts may fix any
amount within the limits established by law
• The court must consider:
– The mitigating and aggravating circumstances
– More particulary, the wealth or means of the
Imposition of Fines
• Wealth or means of culprit is main
consideration in fine
• Position and standing of accused considered
aggravating in gambling
• BUT mitigating and aggravating circumstances
are not disregarded
Crime Different from that Intended
• Art. 49: Penalty to be imposed when the
crime committed is different from that
• Committed > Intended: max of intended
• Committed < Intended: max of committed
• If the act committed also constitutes an
attempt or frustration of another crime:
higher penalty for attempt or frustrated
– If attempted: maximum
Additional Penalty for Certain
• Art. 58 Those accessories falling within the
terms of par. 3 art. 19 who should act with
abuse of their public functions,
• shall suffer the additional penalty of absolute
perpetual disqualification if the principal shall
be guilty of a grave felony,
• and that absolute temporary disqualification
if he shall be guilty of a less grave felony
Impossible Crime
• Art. 59
• Arresto mayor or a fine (200-500 Pesos)
• Basis:
– Social danger
– Degree of criminality
• What if impossible crime committed was a
light felony?
– Art. 59 covers only grave and less grave felonies
Effect of Habitual Delinquency
• Who is a habitual delinquent?
– Within a period of 10 years from the date of his
last release or last conviction of the ff:
• Serious or less serious physical injuries
• Robo (robbery)
• Hurto (theft)
• Estafa (swindling)
• Falsification
– He is found of any said crimes a third time or
• Habitual delinquency has the effect of
increasing the penalty and imposing an
additional penalty
Effects of Habitual Delinquency
Habitual Delinquency Recidivism
• Crimes are specified • Accused, on the date of
• 10 years from last trial, have been convicted
by final judgment of
conviction or release another crime within the
• 3 or more times same title of the Code
• Additional penalty is • No period of time
imposed • Second conviction is
>>can a habitual delinquent • Only increases penalty to
maximum (if not offset)
not be a recidivist? YES
Effect of Habitual Delinquency
• Subsequent crime must be committed AFTER
conviction of former crime
Offense Date of Date of Conviction
Theft January 1920 October 1921
Estafa September 1921 December 1921
Robbery January 1930 March 1931
Falsification February 1931 December 1931
Serious physical November 1, 1932 December 4, 1932
Less serious physical November 1, 1932 December 7, 1932
Effect of Habitual Delinquency
Crime committed Date of Conviction Date of Release

Theft June 1915 July 1916

Robbery May 1920 October 1922
Theft August 1937 September 1940
Crime Charged October 1946

10-yr period computed from last conviction or last release

10-yr period counted to the date of conviction not to the
date of commission of subsequent offense
^ Habitual Delinquent or Recidivist? RECIDIVIST!
Effect of Habitual Delinquency
Offenses Date of Commission Date of Date of Release
Theft August 1914 April 1915 September 1916
Estafa November 1920 April 1923 April 1925
Robbery July 1932 April 1934
When to start counting?(Date of release v date of conviction)
For Estafa: April 1915 or September 1916 both within 10 years
For Robbery: April 1925
If date of conviction, an offender can escape being a habitual
Effect of Habitual Delinquency
• The culprit shall be sentenced to the penalty
provided by law for the last crime of which he be
found guilty
• Additional penalty is mandatory.
• Additional penalty
– 3rd conviction: +prision correccional (mid-max)
– 4th conviction: +prision mayor (min-mid)
– 5th conviction: +prision mayor (min) to reclusion
temporal (min)
• Total penalties not to exceed 30 years
Effect of Habitual Delinquency
• Conviction on the same day or about the same
time are considered as one only
– Additional penalties are reformatory and should be
• Crimes on the same date but convicted on diff.
dates are considered only one
• Previous convictions are considered every time a
new offense is committed, even attempted or
• Applies to accomplices and accessories
Incomplete Exempting Circumstances
• Art. 67
• When all the conditions required to exempt from
criminal liability (in Art. 12 no.4) are not present,
– Lawful act
– Performed with due care
– Injury caused my accident
– No fault or intent to cause injury
• the penalty of arresto mayor in its max period to
prision correccional in its min period shall be imposed
if he shall have been guilty of a grave felony
• And arresto mayor in its minimum and medium
periods, if of a less grave felony
Art. 63. Rules for the application
of indivisible penalties.
• (Reclusion Perpetua to Death)
• 1. 1 AC - the greater penalty shall be applied.
• 2. No AC/MC - the lesser penalty shall be applied.
• 3. Some MC. No AC - the lesser penalty shall be
• 4. Both MC and AC - the court shall reasonably allow
them to offset one another in consideration of their
number and importance,
Incomplete Justifying or Exempting
• Art. 69
• A penalty lower by one or two degrees than that
prescribed by law shall be imposed…
• if the deed is not wholly excusable by reason of the
lack of some of the conditions required to justify the
same or to exempt from criminal liability (accdg to Art.
11 and 12)…
• Provided that the majority of such conditions be
• The courts shall impose the penalty in the period
which may be deemed proper, in view of the number
and nature of the conditions of exemption present
Incomplete Justifying or Exempting
• Unlawful aggression is indispensable in self-defense,
defense of relatives and defense of stranger
• Art. 69 include incomplete justifying and incomplete
exempting circumstances, provided the majority of
the conditions is present
• The court has the discretion to impose one or two
degrees lower than that prescribed by law
• When the majority of the requisites of self-defense
and two mitigating circumstances are present (w/o
aggravating), the penalty is 3 degrees lower
Three systems of execution of penalty
• Material accumulation system – no limitation
• Juridical accumulation – Art. 70 par. 4, 5 and
6, applies 3-fold rule
• Absorption system – absorption of penalties
(Art 48 – complex crime, continuing crime,
specific crimes like robbery with homicide
• Maximum duration of sentence is not more than
three times the length of the most severe penalty,
but maximum is 40 years
• Applies only when there are at leas four (4)
sentences (not logical if only 3)
• If sentence already served – not to be counted or
• Subsidiary imprisonment – counted (added to

• If already serving sentence when 2nd sentence

came, first sentence should be served before
2nd sentence commences
• Successive service of sentence – most severe
• Arresto menor before destierro
• People v. Simon, G.R. No. 930280, 29 July 1994,
234 SCRA 555 (1994)
• Section 4 of Republic Act No. 6425, as now
further amended, imposes the penalty of
reclusion perpetua to death, if what is involved
is 750 grams or more, if the quantity involved is
less, the penalty shall range from prision
correccional to reclusion perpetua (overlap of
reclusion perpetua)
People v. Simon
• the penalty to be imposed where the quantity
of the drugs involved is less than the
quantities stated in the first paragraph shall
range from prision correccional to reclusion
temporal, and not reclusion perpetua.
• the penalty therefor is actually taken from the
Revised Penal Code in its technical
People v. Simon
• the presence or absence of mitigating,
aggravating or other circumstances modifying
criminal liability should be taken into account.
• where the penalties under the special law are
different from and are without reference or
relation to those under the Revised Penal Code,
there can be no suppletory effect of the rules
for the application of penalties under said Code
• Rosa Lim v. People, G.R. No. 130038, 18,
September 2000
• the penalty to be imposed for violation of B.P.
No. 22, the philosophy underlying the
Indeterminate Sentence Law applies. The SC
deleted the prison sentence imposed on
petitioners. It imposed on them only a fine
double the amount of the check issued.
• People v. Gabres, 267 SCRA 581, 595-596
• the minimum shall be "within the range of the
penalty next lower to that prescribed" for the
offense. The penalty next lower should be based on
the penalty prescribed by the Code for the offense,
without first considering any modifying
circumstance attendant to the commission of the
People v. Gabres
• The determination of the minimum penalty is
left by law to the sound discretion of the court
and it can be anywhere within the range of
the penalty next lower without any reference
to the periods into which it might be
subdivided. The modifying circumstances are
considered only in the imposition of the
maximum term of the indeterminate
• People v. Lampaza, 319 SCRA 112 (1999)
• Under the law in effect when the crime was
committed, the penalty for simple rape was
reclusion perpetua. In imposing a lower
indeterminate penalty, the trial court erred,
because the Indeterminate Sentence Law
does not apply when the offense involved is
punishable with reclusion perpetua.
• People v. Oyanib, G.R. No. 130634-35, 12
March 2001
• The Court sentences accused Manolito Oyanib
y Mendoza to two (2) years and four (4)
months of destierro. He shall not be permitted
to enter Iligan City, nor within a radius of one
hundred (100) kilometers from Iligan city.
• People v. Ducosin, 59 Phil. 109 (1933)
• The Indeterminate Sentence Law, Act No. 4103,
simply provides that the "minimum" shall "not
be less than the minimum imprisonment
period of the penalty next lower." In other
words, it is left entirely within the discretion of
the court to fix the minimum of the penalty
• People v. Formigones, 87 Phil. 658 (1950)
• the Supreme Court in affirming the judgment of
conviction sentencing defendant to reclusion
perpetua, said that notwithstanding the numerous
mitigating circumstances found to exist, inasmuch as
the penalty for parricide as fixed by article 246 of the
Revised Penal Code is composed of two indivisible
penalties, namely, reclusion perpetua to death,
paragraph 3 of article 63 of the said Code must be

• "Probation" is a disposition under which a

defendant, after conviction and sentence, is
released subject to conditions imposed by
the court and to the supervision of a
probation officer.
PROBATION (Disqualified)
• Section 9. Disqualified Offenders. The
benefits of this Decree shall not be extended
to those:
• (a) sentenced to serve a maximum term of
imprisonment of more than six years;
• (b) convicted of any offense against the
security of the State; >
PROBATION (Disqualified)
• (c) who have previously been convicted by
final judgment of an offense punished by
imprisonment of not less than one month and
one day and/or a fine of not less than Two
Hundred Pesos;
• (d) who have been once on probation under
the provisions of this Decree; and
PROBATION (Disqualified)
• (e) who are already serving sentence at the
time the substantive provisions of this Decree
became applicable pursuant to Section 33
• Section 14. Period of Probation.
• (a) The period of probation of a defendant
sentenced to a term of imprisonment of not
more than one year shall not exceed two
years, and in all other cases, said period shall
not exceed six years.
• (b) When the sentence imposes a fine only
and the offender is made to serve subsidiary
imprisonment in case of insolvency, the
period of probation shall not be less than nor
to be more than twice the total number of
days of subsidiary imprisonment as
computed at the rate established, in Article
thirty-nine of the Revised Penal Code, as
• Francisco v. Court of Appeals, 243 SCRA 384 (1995)
• Yusi v. Morales, 121 SCRA 854 (1983)
• Cal v. Court of Appeals, 251 SCRA 523 (1995)
• Llamado v. Court of Appeals, 174 SCRA 566 (1989)

• The prevailing jurisprudence treats appeal

and probation as mutually exclusive
• Salgado v. Court of Appeals, 189 SCRA 304
• The trial court is given the discretion to
impose conditions in the order granting
probation "as it may deem best." As already
stated, it is not only limited to those listed
under Section 10 of the Probation Law.
• Baclayon v. Mutia, 129 SCRA 148, 154 (1984)
• imposed as a condition in granting probation
to petitioner Florentina L. Baclayon that she
refrain from continuing with her teaching
profession. – Not allowed.
• An order placing defendant on "probation" is
not a "sentence" but is rather in effect a
suspension of the imposition of sentence
• Bala v. Martinez, 181 SCRA 459 (1990)
• Probation is revocable before the final discharge of
the probationer by the court, contrary to the
petitioner's submission.
• The probation having been revoked, it is imperative
that the probationer be arrested so that he can serve
the sentence originally imposed. The expiration of
the probation period of one year is of no moment,
there being no order of final discharge as yet
PLURALITY OF CRIMES – consists in the
successive execution by the same individual of
different criminal acts upon any of which no
conviction has yet been declared.
1. Formal or Ideal – only one criminal liability.
Formal or ideal crimes are further divided into
three groups, where a person committing
multiple crimes is punished with only one
- complex crime
- single penalty for two offenses
- continued crimes
2. Real Or Material – there are different crimes
in law as well as in the conscience of the
offender. In such cases, the offender shall be
punished for each and every offense that he
CONTINUED CRIME – refers to a single crime
consisting of a series of acts but all arising from one
criminal resolution. Although there is a series of acts,
there is only one crime committed, so only one
penalty shall be imposed.

• COMPLEX CRIME – although there actually

are two or more crimes, the law treats them
as constituting only one- as there is only one
criminal intent. Only one information need be
filed. (Art. 48)
2 Kinds Of Complex Crimes:

1. compound crime – single act constitutes 2

or more grave or less grave felonies

2. complex crime proper – when an offense is

a necessary means for committing another
1. COMPOUND CRIME - Requisites:
a. that only one single act is performed by the
b. that the single act produces
i. 2 or more grave felonies
ii. one or more grave and one or more less
grave felonies
iii. 2 or more less grave felonies
• Hand grenade (murder, attempted murder)
• One shot – two killed
• Several light felonies – not complex, punished
separately, or absorbed by grave felony, direct
assault absorbs SPI, rape absorbs SPI
• Rape with homicide, arson with homicide – Special
complex crime (not covered by 48)
• Several shots – if one criminal intent – complex

1. that at least 2 offenses are committed

2. that one or some of the offenses must be
necessary to commit the other
3. that both or all the offenses must be punished
under the same statute
• Malversation through falsification of cedula, rape
through abduction,
• There must be a single purpose
• Trespass to dwelling as means to commit rape,
homicide– not complex – aggravating
• - not applicable if offense committed to conceal
another (arson to cover homicide)
1. Continuing crimes
2. One offense is committed to conceal another
3. A crime is an indispensable part or an
element of the other offenses as defined
4. Where one of the offenses is penalized by a
special law >
5. When the law provides one single penalty for
special complex crime:
a. Robbery with Homicide
b. Robbery with Rape
c. Rape with Homicide
d. Kidnapping with Serious Physical Injuries
e. Kidnapping with Homicide
• R.A. 8294 – use of unlicensed firearm to
commit murder/ homicide-special aggravating
People vs. Castillo GR No. 131592, February
15, 2000)
• Illegal possession of firearm absorbed in
• Use of illegal drugs subsumed by possession
(R.A. 9165)
Enrile v. Salazar, 186 SCRA 217
• No complex crime of rebellion with murder