TABLE OF CONTENTS Introduction..

Book One GENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT AND APPLICATION OF THE PROVISIONS OF THIS CODE, AND REGARDING THE OFFENSES, THE PERSONS LIABLE AND THE PENALTIES Title One FELONIES AND CIRCUMSTANCE WHICH AFFECT CRIMINAL LIABILITY Chapter One Felonies. 11 1. Classification of Felonies. 12 2. Incurrence of Criminal Liability 14 3. uty of Court !hen "enalty is #$cessi%e. 2& 4. 'ta(es of #$ecution ..21 ). Li(ht Felonies. 24 *. Conspiracy and "roposal to Commit Felony. 2) +. Offenses not 'ub,ect to the Code2* Chapter -.o Circumstances /ffectin( Criminal Liability 2+ 1. 0ustifyin( Circumstances....2+ 2. #$emptin( Circumstances. 32 3. 1iti(atin( Circumstances.. 3+ 4. /((ra%atin( Circumstances... 43 ). /lternati%e Circumstances.. *2 1

Title Two PERSONS CRIMINALLY LIABLE FOR FELONIES 1. !ho are liable .. ..*) 2. "rincipals...*) 3. /ccomplices..*2 4. /ccessories...*3 Title T !ee PENALTIES 1. "enalties In 4eneral...+3 2. Classification of "enalties .+3 3. uration of "enalties..+) 4. "re%enti%e and 'ubsidiary Imprisonment+* ). /pplication of 1iti(atin( and /((ra%atin(++ *. Other #ffects of "enalty..2& +. Comple$ Crimes and -heir "enalties...21 2. Continuin( Crime..22 3. Indeteminate 'entence La.23 1&. "robation La.2* 11. Conditions of "robation22 12. Other Instances !hen "robation 5ot /pplicable.22 Title Fo"! E#TINCTION OF CRIMINAL LIABILITY$ TOTAL AND PARTIAL 1. #$tinction of Criminal Liability 6-otal and "artial7.23 2. 8eason for "rescription of the Crime and9or "enalty..34 3. 1arria(e of the Offended "arty .ith the Offender..3) 4. "artial #$tinction of Criminal Liability..3*

Title Fi%e CIVIL LIABILITY 1. "erson Ci%illy Liable for Felonies..3+ 2. Ci%il Liability of "arents and9or 4uardians.. ...3+ 3. 'ubsidiary Liability of Inn :eepers; -a%ern<:eepers; #mployers; -eachers or "ersons #n(a(ed in Industry32

INTRODUCTION
CRIMINAL LAW De&inition Criminal Law is that branch or di%ision of public la. .hich defines crimes; treats of their nature; and pro%ides for their punishment. Crime is defined as an act committed or omitted in %iolation of public la. forbiddin( or commandin( it. It is a positi%e or ne(ati%e act in %iolation of penal la.= an offense a(ainst the state. 6>lac?@s La. ictionary7 Accused is a person formally char(ed in court for ha%in( %iolated a penal la. either the 8e%ised "enal Code or a special la.= a person .hom an accusastion is made. 6>lac?@s La. ictionary7

So"!'e( o& P ili))ine C!i*in+l L+w 1. -he 8e%ised "enal Code 6/ct 5o. 321)7 .hich too? effect on 0anuary 1; 1332; and its amendments= 2. 'pecial la.s definin( acts and pro%idin( penalties for them passed by the le(islati%e department or branch of "hilippine 4o%ernment ?no.n %ariously in "hilippine history as "hilippine Commission; "hilippine /ssembly; "hilippine Le(islature; 5ational /ssembly; >atasan( "ambansa and Con(ress of the "hilippines= 3. "residential term= and ecree of "res. Ferdinand #. 1arcos durin( his

4. #$ecuti%e Orders of Former "res. CoraAon C. /Buino durin( her incumbency.

Ri, t( o& t e A''"(eA. Constitutional Rights 1. 8i(ht to bail e$cept those char(ed .ith offenses punishable by reclusion perpetua 6and9or death7 .hen e%idence of (uilt is stron(. 6'ec. 13; /rt. III7 2. -o be presumed innocent until the contrary is pro%ed; to be heard by himself and counsel; to be informed of the nature and cause of the accusation a(ainst him; to ha%e a speedy; impartial and public trial; to meet the .itness face to face; and the ri(ht to compulsory process to secure attendance of .itnesses; and production of e%idence. 6'ec. 14; /rt. III7 3. 5ot to be compelled to be a .itnessed a(ainst himself. 6'ec. 1+; /rt. III7 4. 8i(ht a(ainst e$cessi%e fines or cruel; de(radin( or inhuman punishment. 6'ec. 13; /rt. III7 ). 8i(ht not to be put t.ice in ,eopardy of punishment for the same offense. 6'ec. 2; /rt. III7 >. Statutory Rights 1. -o be presumed innocent until the contrary is pro%ed beyond reasonable doubt. 2. -o be informed of the nature and cause of accusation a(ainst him 3. -o be present and defend in person and by counsel at e%ery sta(e of the proceedin(s= to defend himself in person .hen its sufficiently appears to the court that he can protect his ri(hts .ithout the assistance of counsel. 4. -o testify as a .itness in his o.n behalf. ). -o be e$empt from bein( compelled to be a .itness a(ainst himself. *. -o confront and cross<e$amine the .itness a(ainst him. +. -o ha%e a compulsory process issued to secure the attendance of .itnesses and production of other e%idence in his behalf. 2. -o ha%e a speedy; impartial and public trial; and 3. -o ha%e the ri(ht to appeal in all cases allo.ed and in the manner prescribed by la.. 6'ec. 11); 8ules of Court7 It must be ta?en note of that the ri(ht to appeal is not a constitutional ri(ht. Con(ress may therefore pass a la. eliminatin( or ta?in( a.ay this ri(ht.

C+!-in+l Fe+t"!e( o! M+in C +!+'te!i(ti'( o! Co*)onent( o& P ili))ine C!i*in+l L+w -here are three 637= ./ Gene!+l < meanin( that "hilippine criminal la.s are bindin( on all persons .ho li%e or so,ourn in the "hilippines. !hoe%er you are; .hate%er be your creed; reli(ion; se$ or nationality; as lon( as you reside in the "hilippine territory; penal la.s of the "hilippines shall apply on you. -hus; the contention of the accused that bein( an /merican citiAen he can not be prosecuted for; much less con%icted of; Ille(al "ossession of Firearm because it is a constitutional ri(ht of the citiAen of the C.'./. Dto ?eep and bear armsE .ithout need of securin( (o%ernment license therefore is untenable since the "hilippines; as a so%erei(n state; has a ri(ht to uphold its la. and maintain order .ithin its domain; and .ith the (eneral ,urisdiction to punish person for offenses committed .ithin its territory. (People vs. Galacgac, C.A. 5 !.G. "#$%& -here are e$ceptions to this (eneral application of criminal La.F A. Principles o' Pu(lic )nternational Law -hus; so%erei(ns and other chiefs of state; /mbassadors; 1inisters plenipotentiary; 1inister residents; and char(es d@affaires e%en if residin( or so,ournin( in the "hilippines; and committin( crimes herein not sub,ect to our penal la.s. *. +reaties or +reaty Stipulations -he persons .ho are e$empted from the operation or application of our criminal la.s under the pro%isions of the treaties entered into by the "hilippines .ith another country are li?e.ise e$empted. Cnder the defunct 1ilitary >ase /(reement entered into by "hilippines and C.'./. on 1arch 14; 134+ any offense committed outside the bases by any member of armed forces of the Cnited 'tates .here the offended party is also a member of the said armed forces is not co(niAable by the "hilippine courts. Cnder the GF/; an /merican soldier committin( a crime durin( military e$ercises is also e$empt from the operation of "hilippine criminal la.. C. Laws o' Pre'erential Application /n e$ample is 'ec. 11 of /rt.GI of the Constitution .hich pro%ides that D5o member shall be Buestioned nor be held liable in any other place for any speech or debate in Con(ress or in any committee thereof. D-hus; if a 'enator / deli%ers a libelous speech in Con(ress a(ainst >; he can not be punished or be held liable e%en if he is residin( in the "hilippines. 0/ Te!!ito!i+l < in that our criminal la. underta?es to punish crimes committed only .ithin the "hilippine territory. Outside of the parameters of the "hilippine archipela(o; "hilippine criminal la.s can not be enforced. -here are e$ceptions ho.e%er. Cnder /rt. 2 of the 8e%ised "enal Code; there are fi%e 6)7 instances .here the pro%isions shall be enforced outside of the ,urisdiction of our country a(ainst those .hoF

/. 'hould commit an offense .hile on a "hilippine ship or airship. >. 'hould for(e or counterfeit any coin or currency note of the "hilippines or obli(ations and securities issued by the 4o%ernment of the "hilippines. C. 'hould be liable for acts connected .ith the introduction into the "hilippines of the obli(ations and securities mentioned in the precedin( number. . !hile bein( public officers or employees; should commit an offense in the e$ercise of their functions= or #. 'hould commit any of the crimes a(ainst national security and the la. of nations defined in -itle One of >oo? -.o of this Code. 1/ P!o()e'ti%e < meanin( that a penal la. can not ma?e an act punishable .hen it .as not punishable .hen committed. In other .ords; crimes are punished under the la.s in force at the time the same .ere perpetrated. It is consonance .ith the constitutional prohibition a(ainst #$ "ost Facto La.. It reflects the ma$imF mullum crimen sine poena, nulla poena sine lege - that is; there is no crime .ithout a penalty and there is no penalty .ithout la.. #$ception ho.e%er is pro%ided for by /rticle 22. It saysF "enal la.s shall ha%e a retroacti%e effect insofar as they fa%or the person (uilty of a felony .ho is not a habitual criminal; as this term is defined in 8ule ) of /rticle *2 of this Code $ $ $. -he retroacti%e effect shall benefit the accused e%en if at the time of the publication of the la.; a final ,ud(ement has been pronounced and the con%ict is ser%in( sentence. #%en if the la. uses the .ords DfelonyE and Dhabitual criminal as this term is defined in 8ule ) of /rticle *2;E this is applicable to special la.s .hich pro%ide more fa%orable conditions to the accused. (People vs. Soliman, ./ Phil. 5, People vs. Simon, $. SCRA 555, People vs. 0e Lara, $./ SCRA $1"& -here is no retroacti%e effect ho.e%er; e%en if the la. is fa%orable to the accused if he is a habitual delinBuent or .here the la. is e$pressly made inapplicable to pendin( actions. (+avera vs. 2alde3, " Phil. /4& If the repealin( la. fa%ors the accused by diminishin( the penalty; or doin( it a.ay alto(ether; then the same should be applied to the e$tent it is fa%orable to the offender. (People vs. Soliman, ./ Phil. 5& If a repealin( la. contains pro%isions .hich are fa%orable to the accused and also pro%isions unfa%orable to the accused and also pro%isions unfa%orable to the accused only those parts .hich are fa%orable to the accused shall be (i%en retroacti%e effect. /lthou(h 8./. 5o.2234; too? effect on * 0uly 133+; or after the crimes in%ol%ed in the case at bar .ere committed in 1334; it is ad%anta(eous to the accused; hence it should be (i%en retrospecti%e application in so far as it spares the accused from a separate con%iction to the crime of Ille(al "ossession of Firearm. (People vs. Candido, .4. SCRA $1/&

0udicial decisions .hich are fa%orable to the accused .ho is not a habitual delinBuent shall also be accorded retroacti%e effect. If the ne. la. fails to penaliAe the act; then the Court loses ,urisdiction; as in effect; there is no crime e$istin(. INTERPRETATION IN CASE OF DOUBT !here doubt e$ists; the penal la. must be interpreted liberally in fa%or of the accused and strictly a(ainst the state. -hus a boy .ho ?illed his classmate on his ninth 63th7 birthday and actin( .ith discernment is not criminally liable since there is a doubt in the pro%ision of the la.. /rticle 12; par. 2 pro%ides that a person under 637 years of a(e is e$empt from criminal liability 6e%en if he acted .ith discernment7 .hile a person o%er nine637 and under fifteen 61)7 years old is not e$empt if he acted .ith discernment. 'o if the boy .ill ?ill his classmate .hen he .as e$actly nine637 years old because it .as his birthday; doubt .ould e$ist as to his criminal responsibility. He .ill be considered e$empt as penal la.s are to be interpreted liberally in fa%or of the accused. -his is the "ro reo doctrine. Cnder 8./. 5o. 3344; a child e$actly fifteen years of a(e or belo. is e$empt from criminal responsibility; if he is more than fifteen but belo. ei(hteen; he is e$empt unless he acted .ith discernment. -he 'upreme Court has al.ays ruled that a(rarian la.s must be interpreted in fa%or of the (rantees in order to (i%e full force and effect to the clear intent of such la.. (5stolas vs. 6a(alot .4" SCRA %#$& Ho.e%er; .hen the la. spea?s in clear and cate(orical lan(ua(e; there is no room for interpretation; %acillation or eBui%ocation there is only room for application. (Cooperative 0evelopment Authority vs. 0ole'il Agrarian Re'orm *ene'iciaries Cooperative, )nc., .4$ SCRA 55$&

BOO2 ONE
Gene!+l P!o%i(ion( Re,+!-in, t e D+te o& En&o!'e*ent +n- A))li'+tion o& t e P!o%i(ion( o& t i( Co-e, +n- Re,+!-in, t e O&&en(e(, t e Pe!(on Li+3le +n- t e Pen+ltie(

Title One FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

CHAPTER ONE

FELONIES
Felonies are acts and omissions punishable by la.. 6/rt. 3; par. 17 -he .ord DfelonyE has been understood to mean an act or omission punished by the Code= it does not co%er a crime punished by a special la.. (7ilipinas Li'e Assurance Co. vs. +olentino, SP-5454, !cto(er ", "1%/& -hey are committed not only by means of deceit 6dolo7 that is; .hen the act is performed .ith deliberate intent; but also by means of fault 6culpa7 meanin(; .hen the .ron(ful act results from imprudence; ne(li(ence; lac? of foresi(ht; or lac? of s?ill. (Art. ., pars. $ and .& Felonies ta?e the form of a positi%e act li?e ?illin( a person Homicide or 1urder; or ta?in( unla.fully personal property -heft or 8obbery; or an omission or failure to perform an act; li?e failure to issue a receipt of a public officer entrusted .ith collection of ta$es 6Ille(al #$action7 or failure to deli%er .ithin the prescribed time a person arrested 6 elay in the eli%ery of etained "erson7. In felony by omission ho.e%er; there must be a la. reBuirin( the doin( or the performance of an act. -hus; mere passi%e presence at the scene of a crime; mere silence and failure to (i%e the alarm; .ithout e%idence of a(reement or conspiracy is not punishable. !here therefore 8; about a meter a.ay from 1; her li%e<in partner; did not do anythin( despite 1@s threat that he .ould burn the house .hich he actually put on fire; she can not be held criminally liable .ith 1; there bein( no proof of conspiracy bet.een them. 6"eople %s. 'il%estre I /tienAa; )* "hil. 3)27 -he act or omission ho.e%er; must be punishable by la.s. -his is based on the ma$im 89LL96 CR)658 89LLA P!58A S)85 L5G5 : that is; Dthere is no crime .here there is no la. punishin( it.E CLASSIFICATION OF FELONIES A. According to manner or mode o' e;ecution (Art. .& 1. Intentional felonies committed by means of deceit or malice. #$ampleF 1urder; #stafa 2. Culpable felonies .here the .ron(ful acts result from imprudence; ne(li(ence; lac? of foresi(ht or lac? of s?ill #$ampleF Homicide thru 8ec?less Imprudence or 8ec?less Imprudence resultin( to Homicide. ;;;

*. According to stage o' e;ecution (Art./& 1. Consummated .hen all the elements necessary for its e$ecution and accomplishment are present. 2. 7rustrated .hen the offender performs all the acts of e$ecution .hich .ould produce the felony as a conseBuence but .hich ne%ertheless do not produce it by reason of causes independent of the .ill of the perpetrator. 3. Attempted .hen the offender commences the commission of a felony directly by o%ert acts; and does not perform all the acts of e$ecution .hich should produce the felony by reason of some cause or accident other than his o.n spontaneous desistance. C. According to gravity (Art.1& 1. Grave 'elonies those to .hich the la. attaches the capital punishment or penalties .hich in any of their periods are afflicti%e in accordance .ith /rt. 2) of the 8e%ised "enal Code. #$ampleF 8ape; "arricide 2. Less Grave 'elonies those .hich the la. punishes .ith penalties .hich in their ma$imum period are correctional. #$ampleF /ttempted Homicide; Ille(al ischar(e of Firearm 3. Light 'elonies those infractions of la. for the commission of .hich the penalty of arresto menor or a fine not e$ceedin( t.o hundred 6"2&&.&&7 pesos; or both pro%ided. #$ampleF 'li(ht "hysical In,uries; /larm and 'candal under /rticle 1)) !hile /rticle 3 classifies the crimes into Intentional and Culpable; a third class can be (rouped .ith it that its; those defined and penaliAed by special la.s .hich include crimes punished by city or municipal ordinances. -hey are (enerally referred to as mala prohi(ita. /s a rule; intent to commit the crime is not necessary. It is sufficient that the offender has the intent to perpetrate the act prohibited by the special la.. -he act alone; irrespecti%e of the moti%es; constitutes the offense. 4ood faith is not defense. 6ala in se and 6ala prohi(ita; distin(uished 6ala in se are crimes .hich are .ron( from their nature; such as murder; theft; rape; etc.; .hile those that are mala prohi(ita are .ron(; merely because they are prohibited by statute; li?e Ille(al "osession of Firearm or %iolation of the Ombus #lection La.. Crimes mala in se are those so serious in their effects on society as to call for the almost unanimous condemnation of its members; .hile crimes mala prohi(ita are %iolations of mere rules of con%enience desi(ned to secure a more orderly re(ulation of the affairs of society.

!hen the acts ho.e%er are inherently immoral; they are mala in se, e%en if punished under special la. and before the actor can be held liable; there must be malice or criminal intent. -hus; election inspectors and poll cler?s .ho .ere tas?ed to transfer the names of e$cess %oters in one precinct to a ne.ly created precinct and because of pressures of .or? and fati(ue; omitted some names of person; .ho then .ere not allo.ed to %ote; .hen char(ed .ith %iolation of the #lection Code; relied on (ood faith as a defense. -he CFI; reasonin( that the offense is malum prohi(itum and (ood faith is not a defense; con%icted them. On appeal; the Court of /ppeals in acBuittin( the accused ruled that the failure or omission to include a %oter@s name in the re(istry list of %oters is not only .ron( because it is prohibited; it is .ron( per se because it disenfranchises a %oter and %iolated his constitutional ri(ht. -o be held liable; the election inspectors and poll cler?s; must act .illfully and maliciously. (People vs. Sunico, et. al., C.A. 5# !.G. 544#& INCURRENCE OF CRIMINAL LIABILITY Criminal liability shall be incurredF 617>y any person committin( a felony (delito& althou(h the .ron(ful act done be different from that .hich he intended; and 627>y any person performin( an act .hich .ould be an offense a(ainst persons or property; .ere it not for the inherent impossibility of its accomplishment or on account of the employment of inadeBuate or ineffectual means. 6/rt. 47 -his article does not mean to e$clude offenders .ho are liable e%en if they do not fall under any of the situations spo?en of in the said article. -hus; a person .ho committed a crime .hich he really intended is no doubt liable for that offense li?e; if /; intendin( to ?ill his father; shot him; he is liable for the death of his father. -he openin( sentence of /rticle 4 should ha%e beenF DCriminal liability shall also be incurred by.E 5o. 1 spea?s of a situation .here a person .as committin( a felony but the conseBuence .as not the one he had intended. He must; ho.e%er; be perpetratin( or committin( an offense other.ise there can be no criminal liability. -hus; if /; in attemptin( to commit suicide; ,umped out from the .indo. of a four 647<story buildin( and fell on another person .ho .as ?illed; you cannot hold him criminally liable for Intentional Homicide because he .as not committin( any felony at that time since committin( suicide is not a felony. -here are three 637 scenarios under para(raph 1 of /rticle 4F /. 5rror in personae 6mista?e in the identity of the %ictim7 < -.o 627 peace officers .ere ordered to arrest >ala(tas; an escaped notorious con%ict; and proceedin( to the latter@s house; sa. a man sleepin( .ith his bac? to.ards the door and fired at him but the man turned out to be 'erapio -ecson; the 'upreme Court ruled they are (uilty of murder. (People vs. !anis, et. al., % Phil. $5%&

!hen they fired on the sleepin( man .ithout ma?in( any inBuiry and belie%in( him to be the notorious escapee; the peace officers .ere committin( a felony. -heir .ron(ful intent .as to hit or ?ill >ala(tas but the .ron(ful act that .as done .as the ?illin( of 'erapio -ecson. >. A(erratio ictus 6mista?e in the blo.7 -hus; if J; intendin( to ?ill K; fired at the latter but the shot hit K only superficially and ?illed L; his o.n father; he 6J7 is criminally liable for /ttempted Homicide .ith "arricide. !hen J shot K; he .as perpetratin( a felony .ith the .ron(ful intent to ?ill K. the .ron(ful act committed .as the ?illin( of his o.n father .hich he ne%er intended. In People vs. Guillen, 45 Phil .#%, the accused .ho thre. a hand (renade at "res. 8o$as but ?illed 'imeon Garela and in,ured se%eral persons .as found (uilty of 1urder .ith /ssault and 1ultiple /ttempted 1urder. C. Praeter intentionem 6In,urious result is (reater than that intended7 -hus; if / slapped his .ife .ho fell on the (round; her head hittin( a hard pa%ement renderin( her unconscious and thereafter died; / is liable for "arricide. !hen he slapped his .ife; / .as committin( a felony. His .ron(ful intent is only to cause in,ury but the .ron(ful act done .as (reater the ?illin( of the spouse. In C.'. %s. 1arasi(an; 2+ "hil. )&4; .here the accused attac?ed the offended party .ith a ?nife; and in the process of .ardin( off the same; his left hand .as in,ured; se%erin( the e$tensor tendon in one of the fin(ers; the 'upreme Court held that the accused is criminally liable. -he fact that the ori(inal condition of the fin(er could be restored by a sur(ical operation is immaterial and the %ictim is not obli(ed to submit to a sur(ical operation to relie%e the accused of the natural and ordinary results of his crime. -he .ron( done; ho.e%er; must be the direct and natural conseBuence of the felonies act. 'tated other.ise; the felony committed must be the pro$imate cause of the resultin( in,ury. "ro$imate cause has been defined as Dthat cause; .hich; in natural and continuous seBuence; unbro?en by any efficient inter%enin( cause; produces the in,ury; and .ithout .hich the result .ould not ha%e occurred.E (2da. 0e *atacan, et. al. vs. 6edina, "#$ Phil. "4", citing 2ol. .4 o' Am. <ur.& In *ringas vs. People, et. al., "$5 SCRA /4%; .here the conductor shouted DLusacan; LusacanE ?no.in( that the train .ould reach the Lucasan 'tation full three 637 minutes more and deceased 1artina >ool; a passen(er; .al?ed to.ards the left front door facin( the direction of -iaon(; MueAon carryin( a child .ith one hand and holdin( her ba((a(e .ith another; and .hen the train that slo.ed do.n suddenly pic?ed up speed causin( 1artina >ool and the three 637<year<old child she .as carryin( to fall from the door causin( their deaths; the 'upreme Court saidF D-he pro$imate cause of the death of the %ictims .as the premature and erroneous announcement of the conductor. -his announcement prompted the t.o 627 %ictims to stand and proceed to the nearest e$it. !ithout said announcement; the %ictims .ould ha%e been safely seated in their respecti%e seats .hen the train ,er?ed as it pic?ed up speed. -he connection bet.een the premature and erroneous announcement of the accused and the deaths of the %ictims is direct and natural; unbro?en by any inter%enin( efficient causes.E

#%en if other causes cooperated in producin( the fatal result as lon( as the .ound inflicted is dan(erous; that is; calculated to destroy or endan(er life; the actor is liable. -his is true e%en thou(h the immediate cause of death .as erroneous or uns?illful medical or sur(ical treatment; refusal of the %ictim to submit to sur(ical operation; or that the deceased .as sufferin( from tuberculosis; heart disease or other internal malady or that the resultin( in,ury .as a((ra%ated by infection. 6'ee +he Revised Penal Code, *oo= ) (y Luis *. Reyes, citing 9.S. vs. 6arasigan, $% Phil 5# , People vs. )llustre, 5 Phil 51 , People vs. Reyes, /" Phil . ", People vs. >uianson, /$ Phil "/$, and People vs. Red, C.A. . !.G. 4#%$& -here must; ho.e%er; be no efficient inter%enin( cause. In C.'. %s. GaldeA; it .as ruled that if a person a(ainst .hom a criminal assault is directed; reasonably belie%es himself to be in dan(er of death or (reat bodily harm and in order to escape; ,umps into the .ater; impelled by the instinct of self<preser%ation; from dro.nin( o.in( to his possible inability to s.im or the stren(th of the current. -he inability to s.im and the stron( current can be considered inter%enin( causes but not efficient ones since they are not acts or facts absolutely forei(n from the criminal act. On the other hand; in People vs. Roc=well, 33 1ich. )&3; an /merican case; the assailant .as not held responsible for the death of a person .hom he ?noc?ed do.n .ith his fist but .ho .as ,umped on by a nearby horse ?illin( him; because the act of the horse constitutes an efficient inter%enin( cause. I*)o((i3le C!i*e /n act performed .ith malice .hich .ould ha%e been an offense a(ainst person or property; .ere it not for the inherent impossibility of its accomplishment or on account of the employment of inadeBuate or ineffectual means. -his is the only crime pro%ided for in >oo? I of the 8e%ised "enal Code. -he Court ha%in( in mind the social dan(er and the de(ree of criminality sho.n by the offender shall impose the penalty of arresto mayor or a fine ran(in( from t.o hundred 6"2&&.&&7 to fi%e hundred 6")&&.&&7. 6/rt. )3; 8"C7 -he reBuisites areF /. -he act performed .ould be an offense a(ainst persons or property li?e "arricide; 1urder; Homicide; /bortion; uel or "hysical In,uries; or 8obbery; >ri(anda(e; -heft; Csurpation; Culpable Insol%ency; #stafa and Other eceits; Chattel 1ort(a(e; /rson and 1alicious 1ischief. >. -hat the act .as done .ith e%il intent. C. -hat its accomplishment is inherently impossible or that the means employed is either inadeBuate or ineffectual. #$amplesF Inherent Impossibility 6Le(al and "hysical7 / sa. > lyin( do.n .hom he thou(ht .as only sleepin(. 'o .ith intent to ?ill; he stabbed > se%eral times on his chest. It turned out that > had been dead t.enty 62&7 or thirty 63&7 minutes a(o.

Le,+l I*)o((i3ilit4 J stole the rin( .hich K inad%ertently left on his des?. It turned out that the said rin( .as the one J lost t.o627 days a(o. P 4(i'+l I*)o((i3ilit4 /; >; C; I #; all armed; proceeded to the house of J .hereupon / pointed to the room that J used to occupy and all fired at the said room. 5obody .as hit as no one .as inside the room. -his is a case of Impossible Crime to Commit 1urderF 6Intod %s. Court of /ppeals; et. al.; 21) 'C8/ )27 / sa. a beautiful lady lyin( do.n already dead; but thin?in( that she .as only sleepin(; undressed and had se$ .ith her. -his is an Impossible Crime to Commit 8ape considerin( that under 8./. 5o. 23)3; the crime rape has been reclassified as an offense a(ainst persons; no lon(er a crime a(ainst chastity. Ineffectual means 4i%in( a person a drin? mi$ed .ith su(ar .hich accused belie%ed to be poison InadeBuate means If it .ere really poison; the Buantity is not sufficient to ?ill. In case of inadeBuate means; the intended %ictim should not suffer any in,ury; other.ise the crime could be attempted or frustrated homicide or murder as the case maybe. I( T e!e A Co**on L+w C!i*e in t e P ili))ine(5 5o; as the par. 1 of /rt. ); 8"C pro%ides that .hene%er a court has ?no.led(e of any act .hich it may deem proper to repress and .hich is not punishable by la.; it shall render the proper decision; that is; dismiss the case; and shall report to the Chief #$ecuti%e throu(h the epartment of 0ustice; the reasons .hich induced the court to belie%e that said act should be made the sub,ect of penal le(islation. >.". >l(. 22 is a product of this article; considerin( the difficulty securin( a con%iction for #stafa committed by issuin( a postdated chec? under /rt. 31); par. 2NdO since the defense of ha%in( been issued in payment of a pre< e$istin( obli(ation has al.ays come out as a ready<made defense. Cnder this la.; e%en if the dishonored chec? .as issued in payment of a pre<e$istin( obli(ation; and the dra.er or ma?er commits no deceit; he is criminally liable. -he elements of the offense under >.". >l(. 22 are 6a7 the ma?in(; dra.in( and issuance of any chec? to apply to account or for %alue= 6b7 the ma?er; dra.er and issuer ?no.s at the time of issue that he does not ha%e sufficient funds in or credit .ith the dra.ee ban? for the payment of such chec? in full upon its presentment= and 6c7 the chec? is subseBuently dishonored by the dra.ee ban? for insufficiency of funds or credit or .ould ha%e been dishonored for the same reason; had not the dra.er .ithout any %alid reason; ordered the ban? to stop payment. 6>autista %s. Court of /ppeals; et. al.; 3*& 'C8/ *127

DUTY OF COURT WHEN PENALTY IS E#CESSIVE Co"!t( A!e Not Con'e!ne- Wit Wi(-o*, E&&i'+'4 O! Mo!+lit4 O& L+w( -he court shall submit to the Chief #$ecuti%e; throu(h the epartment of 0ustice; such statement as may be deemed proper; .ithout suspendin( the e$ecution of the sentence; .hen a strict enforcement of the pro%isions of this Code .ould result in the imposition of a clearly e$cessi%e penalty; ta?in( into consideration the de(ree of malice and the in,ury caused by the offense. (Art. 5, par. $, RPC& / dau(hter .ho ?illed her father .hile he .as sleepin( because the latter had raped her; resultin( in her pre(nancy; should be punished .ith death by the court since "arricide is punishable by reclusion perpetua to death; and there is an a((ra%atin( circumstance of treachery. -he ordinary miti(atin( circumstance of %indication of a (ra%e offense; or passion or obfuscation .ill not affect the imposable penalty as the same is in indi%isible penalty. (Art. /.& Ho.e%er; the 0ud(e may .rite the "resident of the "hilippines for the (rantin( of #$ecuti%e Clemency to the poor dau(hter on account of the circumstances of the case. In People vs. 2eneracion, 243 'C8/ 244; it .as ruledF D!e are a.are of the trial ,ud(e@s mis(i%in(s in imposin( the death sentence because of his reli(ious con%ictions. !hile this Court sympathiAes .ith his predicament; it is its bounden duty to emphasiAe that a court of la. is no place for a protracted debate on the morality or propriety of the sentence; .here the la. itself pro%ides for the sentence of death as a penalty in specific and .ell<defined instances. -he discomfort faced by those forced by la. to impose the death penalty is an ancient one but it is a matter upon .hich ,ud(es ha%e no choice.E STAGES OF E#ECUTION Felonies could be attempted; frustrated or consummated. It is consummated .hen all the elements necessary for its e$ecution and accomplishment are present. (Art. /, par. "& -hus; if /; intendin( to ?ill >; shoots the latter to death; the crime is consummated Homicide or 1urder; as the case may be. / felony is 'rustrated .hen the offender performs all the acts of e$ecution .hich .ould produce the felony as a conseBuence but .hich ne%ertheless do not produce it by reason of causes independent of the .ill of the perpetrator. ()(id.& In the e$ample abo%e; if / hit > on a %ital portion of the body .hich in,ury could cause the death of > but because of timely medical attention > did not die; this is a case of Frustrated Homicide or Frustrated 1urder. -here is an attempt .hen the offender commences the commission of a felony directly by o%ert acts; does not perform all the acts of e$ecution .hich should produce the felony by reason of some cause or accident other than his o.n spontaneous desistance (par. ., )(id.& 'o; if in the abo%e<cited e$ample; / shot > but missed or hit > only on a superficial part of his body .hich .ould could not cause >@s death; / is liable only for /ttempted Homicide or /ttempted 1urder. In the same %ein; if / po?ed a (un at > and sBueeAed the tri((er but it ,ammed and no bullet .as fired; the attempted sta(e has been reached.

How To P!o)e!l4 Dete!*ine T e St+,e O& E6e'"tion In determinin( .hether the felony is attempted; frustrated or consummated; it is important to consider 617 the nature of the crime= 627 the elements constitutin( the offense= 637 the manner of committin( the same. -hus; considerin( the nature of the crime of /rson .hen a buildin( is set on fire; it is not necessary that it should be entirely consumed in order to constitute the consummated sta(e; nor is it affected by the prompt e$tinction of the fire. (9.S. vs. Po Chengco, $. Phil. 4%& !here the offender is about to set on fire a buildin( but .as apprehended before any portion (ets burned; it .ould be /ttempted /rson. !here ra(s and ,ute sac?s soa?ed in (asoline and placed near the house that the offender intends to burn; .ere put on fire before any part of the house catches fire; the crime .ould be Frustrated /rson. !ith respect to -heft; the same is consummated once the offender ta?es or (ets hold of the material possession of the property .ith intent to (ain. It is not necessary that he be able to carry it a.ay. -hus; the accused .ho abstracted a leather belt from a 0apanese tourist and placed it in the dra.er of his des?; he bein( an inspector of the >ureau of Customs; is (uilty of Consummated -heft. (9.S. vs. Adiao, .4 Phil. %5 & 'o also; .here the accused; after untyin( a carabao from a tree near the offended party@s house; .as apprehended after pullin( the carabao a.ay by about t.o 627 or three 637 meters; the crime is Consummated Mualified -heft. In 2alen3uela vs. People 60une 2&&+7; the 'upreme Court held that there is no such crime as Frustrated theft rulin( out that before the offender ta?es hold of the personal property .ith intent to (ain; it is attempted; once he ta?es hold of it; it is consummated. He need not be able to carry it a.ay. -his is to be distin(uished from #stafa .here dama(e to the offended party is one of the elements to consummate it. In 9.S. vs. 0omingue3, 41 "hil. 4&2; the accused; a salesman .as held liable only for Frustrated #stafa e%en if the proceeds of the sale .hich he failed to turn o%er to the cashier .as found out to be in his poc?et. -here .as no dama(e yet to the o.ner of the store because of the timely disco%ery. In 8obbery .ith force Cpon -hin(s (Arts. $11 or .#$&; .here the accused had entered the buildin( or house; and had remo%ed the property he intended to steal but .as apprehended before he could (et out; the crime is Frustrated 8obbery. 6People vs. <ose 0el Rosario; C./. 4* O.4. 3327 If he .as cau(ht in the act of remo%in( the property; the crime .ould be /ttempted 8obbery. If he .as able to brin( the property out of the house or buildin(; he .ould be (uilty of Consummated 8obbery. /nent the manner of committin( crime; there are offenses .hich are consummated in one instant and the act cannot be split into parts to be cate(oriAed as attempted or frustrated li?e 'lander or Libel. -hey are called Formal Crimes. -here are also crimes .hich are consummated by mere attempt; proposal or o%ert act. -hus; the crime of Fli(ht to #nemy@s Country 6/rt.1217 is consummated by mere attempt. In /buses /(ainst Chastity 6/rt. 24)7; mere solicitation or proposal consummates the offense. 'o also; /rt. 12) 61achinations in "ublic /uctions7 .hich punishes any person .ho shall solicit

any (ift or promise as a consideration for refrainin( from ta?in( part in any public auction. In material crimes li?e Homicide; 8ape; 1urder; etc.; there are three 637 sta(es of e$ecution. -hus; if / .ould stab or shoot >; missin( him or in,urin( him only superficially; the crime is /ttempted Homicide or 1urder= but if he hit > and inflicted in,uries .hich other.ise .ould ha%e been fatal .ere it not for timely medical attention; it is Frustrated= if > dies; the case is Consummated Homicide or 1urder. In the crime of rape; the accused .ho placed himself on top of a .oman; raisin( her s?irt and unbuttonin( his pants; the endea%or to ha%e se$ .ith her %ery apparent; is (uilty of /ttempted 8ape. 5oteF 6If the effort to ha%e se$ is not clear; the crime is only /cts of Lasci%iousness7 On the other hand; entry on the labia or lips of the female or(an by the penis; e%en .ithout rupture of the hymen or laceration of the %a(ina; consummates the crime. 6People vs. +aya(as,/$ "hil. ))3= People vs. Royeras, )* 'C8/ ***= People vs. Amores, )2 'C8/ )&)7 -his brin(s us to the Buestion of 7rustrated Rape. In People vs. !rita, 124 'C8/ 1&); the 'upreme Court saidF Clearly; in the crime of rape; from the moment the offender has carnal ?no.led(e of his %ictim; he actually attains his purpose and; from that moment all the essential elements of the offense ha%e been accomplished ;;; the felony is consummated. $;; /ny penetration of the female or(an by the male or(an is sufficient. $;; 5ecessarily; rape is attempted if there is no penetration of the female or(an because not all acts of e$ecution .as performed. -he offender merely commended the commission of a felony directly by o%ert acts. -a?in( into account the nature; elements and manner of e$ecution of the crime of rape and ,urisprudence on the matter; it is hardly concei%able ho. the frustrated sta(e in rape can e%er be committed. -he court continued that the case of People vs. 5rina,5# "hil. 332; .here the accused .as found (uilty of Frustrated 8ape; appears to be a DstrayE decision in as much as it has not been reiterated in their subseBuent decisions; and that the particular pro%ision on Frustrated 8ape in /rt. 33) as amended (y 8./. 5o.2*32 and 8./. 5o. 4111 is a dead pro%ision prompted probably by the #rina case. 65O-#F 8./. 5o.+*)3; 'ec. 11 also contains the pro%ision that .hen the 8ape is attempted or 'rustrated and a Homicide is committed by reason or on the occasion thereof; the penalty shall be reclusion perpetua to death7. In People vs. Aca-ac,.5% 'C8/; it .as the rulin( of the 'upreme Court that there is no such crime as Frustrated 8ape. LIGHT FELONIES Li(ht felonies are punishable only .hen they ha%e been consummated; .ith the e$ception of those committed a(ainst person or property. -hus; a person .ho; .ithin any to.n or public place; attempts to fire or to dischar(e his (un is not criminally liable e%en if his acts .ould fall under /rt. 1)) punishin( /larms and 'candals in its attempted sta(e as this li(ht felony is a crime a(ainst public order.

Li?e.ise; in li(ht felonies; only the principals and accomplices are liable 6/rt. 1*7 so that a policeman .ho assists in the escape of a person .ho sli(htly in,ured another 6'li(ht "hysical In,uries7 is not liable. 65O-#F See ". . 5o. 1223 ho.e%er7 CONSPIRACY AND PROPOSAL TO COMMIT FELONY Conspiracy and "roposal to commit felony are punishable only in the cases in .hich the la. specially pro%ides a penalty therefore. 6/rt. 2. par. 17 Conspiracy to commit a felony as .ell as "roposal to commit a felony is; (enerally spea?in(; not crimes. /s such; they are not punishable. -hus; althou(h conspiracy to murder a person is apparent; the conspirators can not be held criminally liable because there is no la. punishin( Conspiracy to Commit 1urder. If .hat .as done ho.e%er .as Conspiracy to Commit 8ebellion; then the conspirators are liable because there is a la. that punishes Conspiracy to Commit 8ebellion. 6/rt. 13*7 -he same is true .ith "roposal to commit a felony. Cnless there is a la. that punishes "roposal to commit a crime; the proponents are not liable. /rt. 11) punishes Conspiracy and "roposal to Commit -reason; .hile 'ec. ) of 8./. 5o. *3*2 penaliAes Conspiracy and "roposal to Commit Coup d@etat. On the other hand; Conspiracy to Commit 'edition 6not "roposal7 is punishable under /rt. 141; .hile 'ec. 2 of ". . 5o. 1*13 punishes Conspiracy 6not "roposal7 to Commit /rson. / conspiracy e$ists .hen t.o or more persons come to an a(reement concernin( the commission of a felony and decide to commit it. (par. $, )(id.& It could be e%idenced by a .ritten a(reement amon( the conspirators or by their %erbal co%enant; or it could be inferred from the conduct of the accused before; durin( and after the commission of the crime. People vs. 6anuel,$. 'C8/ )327 -here is proposal .hen the person .ho has decided to commit a felony proposes its e$ecution to some other person or persons. (par. ., )(id.& -o constitute proposal; in la.; the proponent himself must be determined to commit the crime so that if he only aired his (rie%ances a(ainst the (o%ernment and made su((estions on ho. to fi(ht the authorities; he can not be considered liable for "roposal to Commit 8ebellion. Cnder 'ection + of ". . 5o. 1*13. Conspiracy to commit /rson shall be punished by prision mayor in its minimum period. It .ould seem that li?e in 'edition there is no crime of "roposal to Commit /rson. On matters of conspiracy; it is a settled rule that it need not be pro%ed by direct e%idence prior a(reement on the commission of the crime as the same can be inferred from the conduct of the accused before; durin( and after the perpetration of the offense sho.in( that all the accused acted in unison .ith each other; e%incin( a common purpose or desi(n. 6 'ee People vs. Pa(lo,. 1 'C8/ +37

OFFENSES NOT SUB7ECT TO THE CODE S)e'i+l L+w( Offenses .hich are or in the future may be punishable under special la.s are not sub,ect to the pro%isions of this Code. -his Code shall be supplementary to such la.s; unless the latter should specially pro%ide the contrary. (Art. "#& -hus; in case of conflict bet.een the pro%isions of the special la.s and those of the 8e%ised "enal Code; the former shall pre%ail. -he pro%isions of the latter ho.e%er shall be supplementary to special la.s .hene%er applicable. In People vs. Simon,$. 'C8/ ))); citin( People vs. 6acatanda,"#1 'C8/ 3); it .as heldF D!hile these are special la.s; the fact that the penalties thereunder are those pro%ided for in the 8e%ised "enal Code lucidly re%eals the statutory intent to (i%e the related pro%isions on penalties for felonies under the Code the correspondin( application to said special la.s; in the absence of any e$press; or implicit proscription in these special la.s.E

CHAPTER TWO CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY -here are fi%e 6)7 circumstances affectin( the criminal liability of an indi%idual. -hey are ,ustifyin(; e$emptin(; miti(atin(; a((ra%atin(; and alternati%e circumstance. (Arts. "", "$, "., " , and "5& 7USTIFYING CIRCUMSTANCES 1/ Sel&8De&en(e 5o. 1 in ,ustifyin( circumstances is '#LF< #F#5'#. -hus; anyone .ho acts in defense of his person or ri(hts incurs no criminal liability pro%ided that the follo.in( circumstances concurF 617 627 637 Cnla.ful /((ression= 8easonable 5ecessity of the 1eans #mployed to pre%ent or repel it= and Lac? of 'ufficient "ro%ocation on the part of the person defendin( himself.

-his includes defense of honor; defense of home as defense of property. Cnla.ful a((ression on the part of the in,ured or the %ictim is the 'irst element of self<defense. -his is and indispensable reBuisite e%en in incomplete self<defense. 6People vs. 0eopante,G.R. 8o. "#$%%$, !cto(er .#, "11/& !ithout this reBuisite; .e can not spea? of complete self<defense as a ,ustifyin( circumstance; or incomplete self<defense as a miti(atin( circumstance. (Art. "., par. "& 9nlaw'ul Aggressio means an assault or attac?; or a threat in an imminent and immediate manner .hich places the defendant@s life in actual peril. 6Philippine Law 0ictionary by 1oreno; 3rd #d.; 132&7 -here must be an actual assault or a threat but in case of the latter; it must be imminent and positi%ely stron( to palpably sho. the .ron(ful intent to cause in,ury. 1ere intimidatin( attitude is not sufficient. thus; bar(in( on the door of the accused .ith shouts of threats to ?ill can not be considered Cnla.ful /((ression. 6People vs. +rison, G.R. 8o. "#/. 5- /, Septem(er "/, "11/& Li?e.ise; if the accused a(rees to fi(ht; Cnla.ful /((ression is .antin( because by acceptin( the challen(e and immediately approachin( the %ictim; the accused places himself in an unla.ful status and himself becomes an unla.ful a((ressor; as a((ression as an incident of fi(ht is bound to arise. 6 People vs. Galas,G.R. 8o. "" ##%,Septem(er $ , "11/& -o (i%e rise to self<defense; the a((ression must not be a la.ful one li?e the attac? of a husband a(ainst a paramour of his .ife .hom he surprised in an uncompromisin( situation; or a chief of police .ho thre. stones at the

accused .ho .as runnin( a.ay to elude arrest for a crime committed in his presence. -heir a((ression .as not considered unla.ful. Cnla.ful /((ression contemplates an actual; sudden and une$pected attac? or imminent dan(er thereof; and not merely a threatenin( or intimidatin( attitude but .hen its author does not persist anymore in his purpose or .hen he discontinues his attitude to the e$tent that the ob,ect of his attac? is no lon(er in peril; it ceases to be an unla.ful a((ression and does not .arrant self< defense. 6People vs. Gene(la3o,./" SCRA 5%.& -he second element is 8easonable 5ecessity of the 1eans #mployed to pre%ent or repel it. -here must be a reasonable necessity of the course ta?en; and reasonable necessity of the means used. In People vs. <aurigue, %/ Phil. "% , .hile it .as ruled that .hen the deceased placed his hand on the upper thi(h of the lady accused; there .as unla.ful a((ression but .hen the latter immediately stabbed him .ith a ?nife ?illin( him; there .as no reasonable necessity of her course of action since in the chapel .here the ?illin( too? place; there .ere many people includin( her father; it .as .ell li(hted and there is no possibility of her bein( raped. ConseBuently; she .as con%icted. !hen the deceased laid do.n his (un; unla.ful a((ression had already ceased and it .as no lon(er necessary for accused<appellant to ha%e fired successfully the .ay he did at the %ictim. 6People vs. Ra(anal, .4% SCRA /45& -he means employed by the person ma?in( a defense must be rationally necessary to pre%ent or repeal an unla.ful a((ression. !hat the la. reBuires is a rational eBui%alence; in the consideration of .hich .ill enter as principal factors the emer(ency; the imminent dan(er to .hich the person attac?ed is e$posed; and the instinct more than the reason that mo%es or impels the defense. On the other hand; .hether the means employed is reasonable or not depends upon the nature and Buality of the .eapon used by the a((ressor; his physical condition; character and siAe; as .ell as of the person defendin( and the place and occasion of the assault. 6'ee +he Revised Penal Code *oo= " by Luis >. 8eyes; 1333 #d.; p. 1+*7 'elf<defense and accidental shootin( cannot be both be raised by the accused as a defense. If accused is actin( in self<defense; that he could only ha%e deliberately used the (un to repel the alle(ed a((ression. On the other hand; if the shootin( .as accidental; then it .as immaterial .hether the accused employed reasonable means to repel the alle(ed a((ression. 6 People vs. 7lorague, ./# SCRA 54%& -he third element : Lac? of 'ufficient "ro%ocation on the part of the person defendin( himself pictures a situation .here there .as total lac? of pro%ocation on the part of the accused .hen he .as attac?ed .ithout any reason at all; or .hen the accused (a%e pro%ocation but is not sufficient for the offended party to assault him; or .here pro%ocation is sufficient but is not immediate to the act (9.S. vs. Laurel, $$ Phil. $5$& or .here the sufficient pro%ocation .as (i%en by the companion of the accused of .hich the latter had no part. Cnder the principle of >attered<!oman 'yndrome; .hile there .as an in?lin( that this syndrome could be considered as a %iable plea .ithin the concept of self<defense 6People vs.Genosa,. " SCRA&, the 'upreme Court in

an en banc decision has ruled that the same can not be considered a form of self<defense. It .ould only ima(ine the .oman accused liability. Ho.e%er; in 'ec. 2* of 8./. 5o. 32*2; it is pro%ided that %ictim< sur%i%ors of >attered !oman 'yndrome do not incur any criminal and ci%il liabilities despite the absence of the elements of self<defense pro%ided for in the 8e%ised "enal Code. In effect; the same has effecti%ely amended par. 1 of /rt. 11 of the 8e%ised "enal Code. 0/ De&en(e o& Rel+ti%e( -he la. spea?s only of spouse= ascendants; meanin( parents; (randparents; (reat (randparents; etc.= descendants; meanin( children; (randchildren; (reat (randchildren; etc.= brothers and sisters= relati%es by affinity in the same de(rees; that is; parents<in<la.; children<in<la.; and brothers or sisters<in<la. as relati%es. Outside of these people; the persons are considered; in criminal la.; as stran(ers. -here are three 637 reBuisites 'irst is unla.ful a((ression; second is reasonable necessity of the means employed to pre%ent or repel it; and third is that the relati%e bein( defended (a%e no pro%ocation. /nent the third reBuisite ho.e%er; the la. (i%es a lee.ay that is; e%en if the relati%e bein( defended (a%e the pro%ocation; if the relati%e ma?in( the defense had no part therein; he can successfully in%o?e defense of relati%e. 1/ De&en(e o& St!+n,e! Outside of himself; and those relati%es mentioned in /rt. 11; par. 2; any person .ho acts in defense of the person or ri(hts of another can le(itimately claim the defense of stran(er. -he first t.o 627 reBuisites ho.e%er; that is; unla.ful a((ression; and reasonable necessity of the means employed to pre%ent or repel it; must be present. -he la. adds another reBuisite; .hich is; that the person is defendin( be not induced by re%en(e; resentment or other e%il moti%e. -hus; one .ho; seein( his se%enty<ei(ht 6+27<year<old nei(hbor held do.n on the (round by a stron( and robust youn( man and in serious dan(er of bein( throttled; furnished the person assaulted .ith a (aff; as he himself is also old and may not be able to cope .ith the assailant; .ith .hich his nei(hbor used to inflict a mortal .ound on the assailant is entitled to the claim of defense of stran(ers. (9.S. vs. Su(ingsu(ing, ." Phil. .%/& 9/ A%oi-+n'e o& G!e+te! E%il o! In:"!4;St+te o& Ne'e((it4 -he fourth ,ustifyin( circumstance spea?s of a person .ho; in order to a%oid an e%il or in,ury; does a act .hich causes dama(e to another. -he follo.in( ho.e%er must be presentF 'irst, that the e%il sou(ht to be a%oided actually e$ists; second, that the in,ury feared be (reater than that done to a%oid it; and third, that there be no other practical and less harmful means of pre%entin( it. (Art. "", par. &

-he doctor .ho had to ?ill a foetus to sa%e the mother .here both could not be sa%ed; and he is runnin( out of time; may in%o?e this defense. -his is different ho.e%er from #uthanasia the so<called mercy<?illin( .hich is not ,ustified in our ,usrisdiction. / captain of a ship cau(ht by storm and hu(e .a%es in his ,ourney; .ho ordered the ,ettison of car(oes a(ainst the .ill of the o.ners to pre%ent the ship from sin?in( and sa%e the passen(ers; can shield criminal liability behind this pro%ision. </ F"l&ill*ent o& D"t4 o! E6e!'i(e o& Ri, t o! O&&i'e -he fifth ,ustifyin( circumstances pro%ides that no criminal liability shall be incurred by any person .ho acts in the fulfillment of a duty or in the la.ful e$ercise of a ri(ht or office. -hus; a policeman .ho ?illed an escapin( prisoner after ma?in( the .arnin( shot and shoutin( to him not to continue .ith his escape; and .ho prior to that e%en attac?ed him .ith a spear; acted in la.ful fulfillment of duty. / person incurs no criminal liability .hen he acts in the fulfillment of a duty or in the la.ful e$ercise of a ri(ht or office. >ut .e must that there are t.o 627 reBuisites for this ,ustifyin( circumstanceF 6a7 that the offender acted in the performance of a duty or in la.ful e$ercise of a ri(ht; and 6b7 that the in,ury or offense committed be the necessary conseBuence of the due performance of such ri(ht or office. 6People vs.*el(es, .. SCRA "/"& 'o also; if / hit > .ith his fist inside a runnin( passen(er ,eep because > .as snatchin( his 6/@s7 .atch; and as a conseBuence > fell from the ,eep; hi head hittin( the hard pa%ement causin( his death; / acted in the la.ful e;ercise o' right. /nd the e$ecutioner of con%icts sentenced to die; .ho .ould ma?e the lethal in,ection in the >ureau of Corrections on the day and time scheduled by the Court; does so in the la.ful e;ercise o' an o''ice. =/ O3e-ien'e to +n O!-e! o& + S")e!io! It is also a ,ustified act if a person acts in obedience to an order issued by a superior for some la.ful purpose. 6Art. "", par. /& -his ,ustifyin( circumstance needs an order issued by a superior officer of the accused .hich .as for a la.ful purpose and the latter obeyed the order. !here the order of arrest .as issued by his superior for the purpose of deli%erin( the person@s sub,ect of the order to the commandin( officer .ho made the reBuest that they be apprehended and arrested for a crime they committed but because they resisted arrest; the accused ?illed them; this ,ustifyin( circumstance is applicable. -he order ho.e%er of (uerilla officer for the ?illin( of a ci%ilian is not la.ful. E#EMPTING CIRCUMSTANCES /rticle 12 enumerates persons .ho are e$empted from criminal liability. Cnli?e in ,ustifyin( circumstances; here there .as a crime committed; there is a criminal but for reasons of public policy; no penal liability shall be inflicted on him.

-he follo.in( are e$empt from criminal liabilityF ./ An I*3e'ile o! +n In(+ne Pe!(on Unle(( t e L+tte! +( A'te- D"!in, + L"'i- Inte!%+l/ In the eyes of the la.; insanity e$ists .hen there is a complete depri%ation of intelli(ence in committin( the act. 1ere abnormality of the mental faculties .ill not e$clude imputability. -he accused must be Dso insane as to be incapable of entertainin( a criminal intent.E He must be depri%ed of reason and act .ithout the least discernment because there is a complete absence of the po.er to discern or a total depri%ation of the freedom of the .ill. 'ince the presumption is al.ays in fa%or of sanity; he .ho in%o?es insanity as an e$emptin( circumstance must pro%e it by clear and positi%e e%idence. /nd the e%idence on this point must refer to the time precedin( the act under prosecution or to the %ery moment of its e$ecution. 6'ee People vs. 5strada, ... SCRA /11, also People vs. 2alledor, .4. SCRA /5.& /n imbecile is a person mar?ed by a mental deficiency .hile an insane person is one .ho has unsound mind or .ho suffers from mental disorder. /n insane person may ha%e suffered from mental disorder. /n insane person may ha%e lucid inter%als but an imbecile has none. 6 People vs. Am(al, "## SCRA .$5, citing 1 Giada; Codigo Penal, 4th. #d.& Imbecility is defined as a feeble<mindedness or a mental condition approachin( that of one .ho is insane. It is analo(ous to childishness and dota(e. /n imbecile .ithin the meanin( of /rticle 12 is one completely depri%ed of reason or discernment and freedom of .ill at the time of committin( the crime. !hile ad%anced in a(e; he has a mental de%elopment of children bet.een t.o 627 and se%en 6+7 years of a(e. -he reasonin( of the accused that he resorted to cuttin( (rass instead of (uardin( his %ictim could hardly be indicati%e of imbecility. 8ather; it may be considered ne(li(ence. 6People vs. 8une3, G.R. 8o. "$ $1-.#, <uly $., "1 %& In People vs. 0ungo, "11 SCRA 4/#, it .as held that one .ho suffers from insanity at the time of the commission of the offense can not in a le(al sense entertain a criminal intent and cannot be held criminally responsible for his acts. In People vs. 7ormigones, 4% Phil /54, the rulin( .as that; in order that a person could be re(arded as an imbecile .ithin the meanin( of /rt. 12 of the 8"C so as to be e$empt from criminal liability; he must be depri%ed completely of reason or discernment and freedom of the .ill at the time of committin( the crime. /ny depri%ation therefore of reason or discernment at the time of the trial of the case is not an e$emptin( circumstance. 0/ A Pe!(on Fi&teen Ye+!( o& A,e +n- Below/ >R/A/ No/ ?199@ 1/ A Pe!(on O%e! Fi&teen >.<@ +3o%e +n- "n-e! ei, teen >.A@ Unle(( He H+( A'te- wit Di('e!n*ent >R/A/ No/ ?199@

It is clear therefore that e%en if a person has acted .ith discernment; if he is under fifteen 61)7 years of a(e; he is free from penal responsibility. On the other hand; if he is o%er fifteen 61)7 years of a(e but under ei(hteen 6127; he .ill be held criminally liable if he acted .ith discernment. /n accused .ho ?no.s the morality of his acts; or can fully appreciate the conseBuences of his actuation has acted .ith discernment .hich can be sho.n by the manner the crime .as committed or his conduct after its commission. 9/ An4 Pe!(on W o, W ile Pe!&o!*in, + L+w&"l A't Wit D"e C+!e, C+"(e( +n In:"!4 34 Me!e A''i-ent Wit o"t F+"lt o! Intention o& C+"(in, It/ 'o; one dri%in( car duly licensed to do so; in the proper lane and .ithin the limits prescribed by la.; .ho hits a boy .ho suddenly darted into the street is e$empted from criminal liability due to accident. "roblemF /; armed .ith a .32 caliber and >; .ho has no .eapon; robbed a store= but in the course thereof; .ere seen by "; a policeman .ho .as armed .ith .4) caliber (un; and .hen he demanded for the surrender of / and >; / shot him but missed; and so " repelled the attac?. In the e$chan(e of shots; / .as ?illed; to(ether .ith >; and C the o.ner of the store. -he three .ere ?illed by the bullets fired from a .4) caliber. In such case; " is not liable for the death of / due to sel'-de'ense as all the three 637 elements .ere present. He is also not liable for the death of >; not because of self<defense because the latter bein( .eaponless can not commit unla.ful a((ression; but because of per'ormance o' duty. For the death of C; the store o.ner; "; is also not criminally liable ob%iously not because of self<defense nor of fulfillment of duty but because of accident pro%ided for in par. 1 of /rt. 12. </ An4 Pe!(on W o A't( Un-e! t e Co*)"l(ion o& +n I!!e(i(ti3le Fo!'e/ -hus; a person .ho .as compelled to bury the body of one .ho .as murdered by the ?illers; stri?in( him .ith the butts of their (uns; threatenin( to ?ill him too; is not criminally liable as an accessory. =/ An4 Pe!(on W o A't( Un-e! t e I*)"l(e o& +n Un'ont!oll+3le Fe+! o& +n EB"+l o! G!e+te! In:"!4/ If / .ith a re%ol%er in his hand thre. a ?nife at >; and ordered him to ?ill C; a person sleepin( nearby other.ise he .ill shoot >; the latter can as? e$emption from criminal liability if he stabbed C to death. C/ An4 Pe!(on W o F+il( to Pe!&o!* +n A't ReB"i!e- 34 L+w W en P!e%ente- 34 So*e L+w&"l o! In(")e!+3le C+"(e/ / policeman .ho arrested a man .ho had ,ust ?illed another in his 6policeman@s7 presence; at *F&& p.m. of a 'aturday in a small to.n in the pro%ince; is not liable under /rticle 12) of the 8"C .hen he filed the criminal complaint only in the mornin( of the follo.in( 1onday Nmore than thirty<si$ 63*7 hours as reBuired by the said /rticleO since there .as

no court .here to file the complaint. He .as pre%ented by a la.ful or insuperable cause to comply .ith the reBuirement of the la.. A3(ol"to!4 C+"(e( /bsolutory causes are those .here the actors are (ranted freedom from char(e or immunity from burden for reasons of public policy and sentiment e%en if their acts constitute a crime. -hey areF 1. /ccessories .ith respect to spouse; ascendants; descendants; brothers; sisters or relati%es by affinity .ithin the same de(rees e$cept those fallin( under par.1 of /rt. 13. 6Art. $#, RPC& 2. 'pouse or parents .ho inflicted Less 'erious or 'li(ht "hysical In,uries on his9her spouse or their dau(hters li%in( .ith them; .hom they surprised in the act of se$ual intercourse .ith another. (Art. $ %, RPC& 3. /ny person .ho entered another@s d.ellin( to pre%ent serious harm to himself; the occupants of the d.ellin( or a third person or rendered some ser%ice to humanity or ,ustice; or entered cafes; ta%erns; inns and other public houses .hile the same .ere open. (Art. $4#, par. .& 4. In case of theft; s.indlin( or malicious mischief committed or caused mutually by spouses; ascendants and descendants or relati%es by affinity in the same line; and brothers and sisters and brothers<in<la. and sisters<in<la. if li%in( to(ether. (Art. ..$& ). Insti(ation; .here the actor other.ise innocent; .as induced by a public officer to commit the crime such that the latter himself becomes a principal by inducement or by indispensable cooperation. N5O-#F #ntrapment ho.e%er is not an absolutory cause. In #ntrapment; .ays and means are resorted to by the authorities to trap and capture the actor; already a la.<brea?er; in the e$ecution of his criminal acti%ities. >uy<bust operation is a form of entrapment and the accused entrapped is liable. 6People vs. <uma, $$# SCRA .$, People vs. 8icolas, et. al., G.R. 8o. ""#""/, 7e(ruary ", "115& MITIGATING CIRCUMSTANCES 1iti(atin( circumstances are those .hich do not entirely free the actor from penal responsibility but ser%e only to lessen or reduce the penalty imposable. -hey are t.o 627 classes !rdinary 6itigating .hich can be offset by a((ra%atin( circumstances; and .hich if present tends to reduce the penalty by periods; and Privileged 6itigating .hich can not be offset by any a((ra%atin( circumstance; and .hich if present tends to reduce the penalty by de(rees.

-he follo.in( are miti(atin( circumstancesF 1. Incomplete ,ustifyin( and incomplete e$emptin( circumstances. 2. !hen the offender is under ei(hteen 6127 years or o%er se%enty 6+&7 years of a(e. 3. !hen the offender had no intention to commit so (ra%e a .ron( as that committed. 4. !hen there .as sufficient pro%ocation or threat on the part of the offended party that immediately preceded the act. ). !hen the act .as committed in the immediate %indication of a (ra%e offense to the person committin( the felony; his spouse; ascendants; descendants; brothers or sisters or relati%es by affinity .ithin the same de(rees. *. !hen the accused acted upon an impulse so po.erful as naturally to ha%e produced passion or obfuscation. +. Goluntary surrender to person in authority or his a(ents by the accused; or if he %oluntarily confessed his (uilt before the court prior to prosecution@s presentation of e%idence. 2. If the offender is deaf and dumb; blind in t.o eyes; or other.ise sufferin( from physical defect .hich restricts his means of action; defense or communication .ith his fello. bein(s. 3. 'uch illness on the part of the offender as .ould diminish the e$ercise of his .ill po.er .ithout depri%in( him of the consciousness of his acts. 1&. /ny other circumstances of a similar nature or analo(ous to those abo%e<mentioned. ./ In'o*)lete 7"(ti&4in, +n- In'o*)lete E6e*)tin, Ci!'"*(t+n'e( In incomplete self<defense; incomplete self<defense of relati%e and incomplete self<defense of stran(er; the element Cnla.ful /((ression on the part of the %ictim is an indispensable reBuisite. It is the second 62 nd7 or the third 63rd7 element that is lac?in(; other.ise there is no incomplete ,ustification as a miti(atin( circumstance under par.1 of /rt. 13. /n illustration of incomplete e$emptin( circumstances of uncontrollable fear is one .here the accused; .hile sleepin(; .as a.a?ened by a shot; and because he .as e$pectin( an attac? by a (roup of armed men; shot a man he sa. in the dar? .ho turned out to be unarmed innocent person. 6People vs. 6agpantay, C.A. / !.G. "/55& He acted under an impulse of a fear .hich is not uncontrollable althou(h it promised an eBual or (reater in,ury

0/ Un-e! ei, teen >.A@ o! o%e! (e%ent4 >CD@ Ye+!( OlFor purposes of criminal liability; the a(e of a person may be di%ided as follo.sF 1. nine 637 years or belo. e$empted from penal responsibility= 2. o%er nine 637 and belo. fifteen 61)7 conditional liability that is; if he acted .ithout discernment; he is e$empted. 3. o%er nine 637 and belo. fifteen 61)7 actin( .ith discernment miti(ated liability at least by t.o 627 de(rees lo.er. (Art. /4, par."&

4. o%er fifteen 61)7 but belo. ei(hteen 6127 years of a(e miti(ated liability by one de(ree lo.er. (Art. /4, par.$& ). o%er ei(hteen 6127 and belo. se%enty 6+&7 years of a(e complete criminal liability. *. o%er se%enty 6+&7 years of a(e miti(ated liability. 1/ L+'k o& Intent to Co**it (o G!+%e + W!on, Intention parta?es of the nature of a mental process; an internal act. It can be (athered from and determined by the conduct and e$ternal acts of the offender and the results of the act themsel%es. 'o; the accused .ho .as char(ed .ith 8ape .ith Homicide; and .ho admitted that D1y only intention .as to abuse her; but .hen she tried to shout I co%ered her mouth and cho?ed her; and later I found that because of that she died;E is not entitled to this miti(atin( circumstance; for he ?ne. that the (irl .as %ery tender in a(e Nsi$ 6*7 years oldO; .ea? in body; helpless and defenseless and he ou(ht to ?no. the natural and ine%itable result of the act of stran(ulation. 6People vs. ?u, " SCRA "11& / husband .ho slaps his .ife .ho fell do.n her head hittin( a hard pa%ement and died as a result can a%ail of this miti(atin( circumstance. >ut this attenuatin( circumstance is not applicable in case of se%eral accused .here conspiracy .as pro%en for in conspiracy the act of one is the act of all. 6People vs. *autista, .4 SCRA "4 & 9/ S"&&i'ient P!o%o'+tion o! T !e+t -he sufficient pro%ocation or threat on the part of the %ictim must immediately precede the act of the offender. / ?illed his father<in<la. .ho .arned him to be careful because he .ould ?ill him before the end of the day; after he told said father<in<la. that he can not li%e anymore .ith his adulterous .ife; the dau(hter of the deceased; .hom he cau(ht in 'lagrante .ith her paramour. He is entitled to this miti(atin( circumstance. 6People vs. Rivero, $ $ SCRA .5 & He could ha%e interpreted this .arnin( as a serious threat .hich prompted him to decide to eliminate his father< in<la. before he could carry out such threat.

</ I**e-i+te Vin-i'+tion o& + G!+%e O&&en(e -he .ord DimmediateE in par. ) is not an accurate translation of the 'panish te$t .hich uses the term Dpro$imaE and someho. a lapse of time is allo.ed bet.een the (ra%e offense and the %indication unli?e in pro%ocation or threat 6par. 47 that should immediately precede the act. -hus; in People vs. Parama, / Phil. ..", .here it .as after a fe. hours from the time he .as slapped by the deceased in the presence of many people; .hen he ?illed said deceased; the 'upreme Court considered this miti(atin( circumstance in fa%or since the influence of said offense Eby reason of its (ra%ity and circumstances under .hich it .as inflicted; lasted until the moment the crime .as committed.E Ho.e%er; in People vs. Pa@ares, $"# SCRA $.%; .here the brother of the accused .as mauled by the %ictim@s companion and the %ictim himself ten 61&7 hours earlier; the accused .ho ?illed the deceased .as ad,ud(ed not entitled to the benefits of this circumstance since such inter%al of time it .as more than sufficient to enable him to reco%er his serenity. It .ould seem that the rule is that; the court must consider the lastin( effect and influence of the (ra%e offense to the offender .hen he resorted to commit the crime to %indicate such (ra%e offense. =/ P+((ion o! O3&"('+tion -o be considered miti(atin(; the same must arise from la.ful sentiments pro%o?ed by prior to un,ust or improper acts of the offended party. !hile .atchin( a -G sho.; the ballcaster of the s.i%el chair on .hich the accused .as seated bro?e and (ot detached; and so he called F; his stepson; to buy one but because it too? time for the latter to a.a?en; accused started shoutin( bad .ords to F .ho finally (ot up; (ot dressed and .ent to the comfort room to brush his teeth. -his further an(ered the accused .ho bo$ed him 6F7; and .hen F (ot out of the house; accused follo.ed him; and because he could not see F at once; he shot him .hen finally he sa. him returnin( to the house. AeldB 5o miti(atin( circumstance of passion or obfuscation as the an(er of the accused did not arise from la.ful sentiments. -he delay in obeyin( his reBuest to buy the ballcaster is too tri%ial a matter as to fairly and ,ustly cause such o%erreaction on his part. 6People vs. +iongco, $./ SCRA 54& C/ Vol"nt+!4 S"!!en-e! +n- Ple+ o& G"ilt4 /ccused .ho .ent into hidin( for t.o and a half 62 P7 years after ?illin( the %ictim cannot claim this miti(atin( circumstance for in order that %oluntary surrender may be appreciated; it is necessary that the same be spontaneous in such manner that it sho.s the intent to surrender unconditionally to the authorities; either because he ac?no.led(es his (uilt or because he .isher to sa%e them the trouble and e$pense necessarily incurred in his search and capture. 6 People vs. A(lao, "4. SCRA /54, citing People vs. Lingatong, G.R. 8o. L-. #"1, <anuary $1, "11#&

'o also; it must be surrender of the body of the accused to persons in authority or their a(ents. 'o the surrender of his (un; not himself; by handin( o%er the .eapon throu(h the balustrade of the faculty room; and the surrender bein( made to his brother .ho .as not a person in authority nor an a(ent can not be considered an attenuatin( circumstance. He holed in the faculty room; in effect holdin( some teachers and students as hosta(es; as the faculty room .as surrounded by soldiers and there .as no escape open to him. 6 People vs. +ac-an, "4$ SCRA /#"& Goluntary surrender reBuires that the offender had not been actually arrested= that he surrendered himself to a person in authority or to the latter@s a(ent= and that the surrender .as %oluntary. 6 People vs. Callet, .4$ SCRA .& For surrender to be %oluntary; it must be spontaneous and sho. the intent of the accused to submit himself unconditionally to the authorities either because 617 he ac?no.led(es his (uilt or 627 he .ishes to sa%e them the trouble and e$pense incidental to his search and capture. 6People vs. Ceta, .4$ SCRA " "& A/ S)ont+neo"( Ple+ o& G"ilt4 -o be appreciated as an attenuatin( circumstance; the plea of (uilty must be made before the prosecution presents its e%idence; and it must be an unconditional plea. 6People vs. Sera'ica, $% SCRA "$.& Ho.e%er; if it is a plea to a lesser offense let us say; .here the char(e is murder and the offer is a plea of (uilty to Homicide; and the court allo.s the prosecution to present e%idence to pro%e the Bualifyin( circumstance; and fails to establish the a((ra%atin( circumstance that .ould Bualify the ?illin( to murder; the accused is entitled to this miti(atin( circumstance. -he forum ho.e%er must be the court that has ,urisdiction o%er the offense. ?/ Illne(( W i' Re(t!i't( Me+n( o& A'tion -he la. says that the offender is deaf and dumb meanin( not only deaf but also dumb; or that he is blind; meanin( blind in both eyes; but e%en if he is only deaf and not dumb; or dumb only but not deaf; or blind only in one eye; he still entitled to a miti(atin( circumstance under this article as lon( as his physical defects restrict his means of action; defense or communication .ith his fello.men. -he restriction ho.e%er must relate to the mode of committin( the crime. -hus; e%en if he is armless or someho. limpin( because he .as a polio %ictim in his youn(er days; if the char(e is libel or oral defamation; his illness does not (i%e him the pri%ile(e to miti(ate his criminal liability for the said crime .D/ Illne(( Di*ini( in, Will Powe! If the illness not only diminishes the e$ercise of offender@s .ill po.er but depri%es him of the consciousness of his acts; it becomes an e$emptin( circumstance to be classified as insanity or imbecility. Feeblemindedness of the accused .ho; in a fit of ,ealousy; stabbed his .ife; then carried her up to the house; laid her on the floor and then lay do.n beside her; .arrants the findin( in his fa%or of this miti(atin( circumstance. 6People vs. 7ormigones, 4% Phil. /54&

../ Miti,+tin, Ci!'"*(t+n'e o& Si*il+! N+t"!e 8eturn of the property stolen in analo(ous to %oluntary surrender; testifyin( for the prosecution by a co<accused di%ul(in( the truth of .hat really transpired is a?in to plea of (uilty= esprit de corps is similar to passion or obfuscation= o%er si$ty 6*&7 years old .ith failin( si(ht is analo(ous to o%er se%enty 6+&7. 6'ee +he Revised Penal Code by 8eyes 1333 #d.; pp. 312<314; citing People vs. 2illamora, 4/ Phil. $4%, People vs. 8avasca, %/ SCRA %$& AGGRAVATING CIRCUMSTANCES -hose .hich if present in the commission of the crime ser%e to increase the penalty imposable; .ithout ho.e%er e$ceedin( the ma$imum period prescribed for the offense. 2in-( o& A,,!+%+tin, Ci!'"*(t+n'e( /. 'pecific < those that apply only to some particular crimes li?e disre(ard of respect due the offended party on account of ran?; se$ or a(e .hich are applicable only to crimes a(ainst persons or honor. I(nominy .hich applies only to crimes a(ainst chastity= cruelty .hich applies only to crimes a(ainst person. < those .hich (enerally; can be applied to all offenses li?e d.ellin(; recidi%ism; in consideration of price; re.ard or promise. < those .hich necessarily accompany or inhere in the commission of the crime li?e e%ident premeditation in theft or robbery. < those .hich if attendant; alter or chan(e the nature of the crime necessarily increasin( the penalty; such as by means of poison; .ith aid of armed men in ?illin( persons or (ra%e abuse of confidence .hich ma?es stealin( one of Bualified theft. -hese circumstance ho.e%er must be alle(ed in the information to ma?e them Bualifyin(.

>. 4eneric

C. Inherent

. Mualifyin(

-he a((ra%atin( circumstances are as follo. 6Art. " &, ./ T +t +-%+nt+,e 3e t+ken 34 t e o&&en-e! o& i( )"3li' )o(ition/ >A!t/ .9 )+!/ .@ Cnder 'ec. 23;16a7 of 8./. 5o. +*)3; .hen in the commission of the crime ad%anta(e .as ta?en by the offender of his public position; the penalty to be imposed shall be in its ma$imum re(ardless miti(atin( circumstances.

It .ould seem that .hen this a((ra%atin( circumstance is present in the commission of heinous crimes; it can not offset by any miti(atin( circumstance. For this circumstance to be appreciated as a((ra%atin( the accused must be a public official .ho used his influence; presti(e and ascendancy .hich his office (i%es him in realiAin( his purpose. If the accused could ha%e perpetrated the crime .ithout occupyin( his position; then there is no abuse of public position. 'ince no e%idence .as adduced to pro%e that the ?illin( .as in any .ay facilitated by the public position of the accused; in fact; it .as not e%en sho.n .hether the accused .ore his uniform or use his ser%ice firearm; this a((ra%atin( circumstance is not present. 6People vs. Sumaoy,$/. SCRA /#& Ho.e%er; in People vs. 6adrid, 44 Phil ", this circumstance .as considered a(ainst the accused; a la. officer; as he committed the crime 68obbery .ith Homicide7 .ith the aid of a (un .hich he had been authoriAed to carry as a peace officer; and he succeeded in (oin( throu(h the chec? point unmolested and unsuspected because of his official position. !here the public position in an element of the offense li?e >ribery 6 irect /rticle 21&; Indirect 211; or Mualified >ribery 'ec. 4; 8./. 5o. +*)37; this circumstance can not be ta?en into consideration. 0/ T +t t e '!i*e 3e 'o**itte- in 'onte*)t o& o! wit in("lt to )"3li' +"t o!itie(/ >)+!/ 0@E "ublic authorities are public officers directly %ested .ith ,urisdiction and .ho ha%e the po.er to (o%ern and e$ecute the la.s. -hey are also called persons in authority. 'o that if J; despite his ?no.led(e of the presence of the 1ayor or 4o%ernor or a 0ud(e; .ho made ?no.n of his presence to him; still continued to assault his opponent; this circumstance must be ta?en a(ainst him. If it .ere ho.e%er; a policeman or an 5>I a(ent; this a((ra%atin( circumstance can not be considered; as a policeman or an 5>I a(ent is a mere a(ent of a person in authority. -he public authority ho.e%er must be en(a(ed in the e$ercise of his duties; must not be the person a(ainst .hom the crime is committed; and the offender must ?no. that he is a person in authority 1/ T +t t e +'t 3e 'o**itte- >+@ wit in("lt o! in -i(!e,+!- o& t e !e()e't -"e t e o&&en-e- )+!t4 on +''o"nt o& i( !+nk, +,e o! (e6, o! t +t >3@ it 3e 'o**itte- in t e -wellin, o& t e o&&en-e- )+!t4 i& t e l+tte! +( not ,i%en +n4 )!o%o'+tion/ >)+!/ 1@ a. Insult or isre(ard of 8an?; /(e or 'e$ Considerin( the fact that the deceased; 'il%ina Cuyos; .as already si$ty 6*&7 years old at the time she .as ?illed by the accused .ho .as then only t.enty<three 6237 years old; .hom .itnesses sa. as if .restlin( .ith the said deceased .ho sustained fatal in,uries at the nec?; there is disre(ard of the respect due the offended party on account of her a(e. 6 People vs. Ru(io, $5% SCRA 5$4& / cler? in the Cash 'ection of the Ci%il 'er%ice Commission .ho attac?ed the /ssistant Chief of the "ersonnel i%ision of the said

(o%ernment office has committed a crime a((ra%ated by disrespect due the offended party on account of his ran?. 6People vs. *enito, % SCRA $%"& !here the accused too? turns in hittin( the %ictim; a se%enty 6+&7<year old .oman; .ith pieces of .ood they brou(ht in (oin( to the house of the said %ictim; the circumstance of disre(ard of the respect due the offended party on account of her se$ and a(e is present. 6 People vs. Lapa3, "%" SCRA 5.1& 5O-#F !hile nighttime is absorbed in treachery; the a((ra%atin( circumstances of disre(ard of se$ and a(e can not be similarly absorbed; as -reachery refers to the manner of commission of the crime; .hile the latter pertains to the relationship of the %ictim .ith the offender. ()(id.& It .ould seem that for this circumstance to be ta?en a(ainst the accused; there must be a sho.in( of insult or disre(ard of the a(e; se$ or ran? of the offended party. b. .ellin(

It must be ta?en note of; that d.ellin( is a buildin( or structure e$clusi%ely used and de%oted for rest and comfort; and it includes e%ery dependency of the house .hich forms an inte(ral part thereof. It may mean only the room of the bedspacer in a boardin( house. -hus; the crime of 8ape a(ainst the offended party .ho .as rentin( a bedspace in a boardin( house is a((ra%ated by d.ellin(. 6 People vs. 0aniel, 4/ SCRA 5""& .ellin( includes e%ery dependency of the house that forms an inte(ral part thereof includin( staircase of the house; and much more its terrace. 6People vs. Rios, G.R. 8o. ".$/$$, <une"1, $###& In People vs. Perrera3, ./$ SCRA $#$, it .as ruledF He .ho (oes to another@s house to hurt him or do .ron( is more (uilty than he .ho offends him else.here. For the circumstance of d.ellin( to be considered; it is not necessary that the accused should ha%e actually entered the d.ellin( of the %ictim to commit the offense it is enou(h that the %ictim .ho (a%e no pro%ocation .as attac?ed inside his o.n house; as the assailant mi(ht ha%e de%ised means to perpetrate the assault from the outside. !here the complainant .as forcibly ta?en from her house; brou(ht to a nearby >aran(ay .here she .as raped; d.ellin( is an a((ra%atin( circumstance. 6People vs. Lacanieta, ..# SCRA 5"1& -o consider it ho.e%er; as an a((ra%atin( circumstance; the %ictim must not ha%e (i%en the pro%ocation. Ho.e%er; e%en if the attac?er .as outside the house; and the %ictim .as inside his d.ellin( .hen he .as fired upon; as lon( as the latter had not pro%o?ed the offender; there is d.ellin( as an a((ra%atin( circumstance. 'o also; if the assault .as commenced inside the d.ellin( and terminated outside the same; d.ellin( can be considered. -he %ictim should be the o.ner; occupant or lessee of the house. Ho.e%er; in People vs. *alansi, "4% SCRA 5//, it .as held that the %ictim need not be the o.ner or occupant of the d.ellin( .here he .as shot; since Dthe stran(er; as an in%ited (uest; is sheltered by the same

roof and protected by the same intimacy of life it affords. It may not be his house; but it is; e%en for a brief moment; home to him.E 9/ T +t t e +'t 3e 'o**itte- wit "n,!+te&"lne((/ >)+!/ 9@ +3"(e o& 'on&i-en'e o! o3%io"(

!here the accused is the uncle of the %ictim and .ho had ta?en shelter in the house of the %ictim@s parents; the rape that he committed a(ainst his niece is attended .ith /buse of Confidence and Ob%ious Cn(ratefulness. (People vs. Ca(resas, $ SCRA ./$& </ T +t t e '!i*e 3e 'o**itte- in t e )+l+'e o& t e C ie& E6e'"ti%e, o! in i( )!e(en'e, o! w e!e +"t o!itie( +!e en,+,e- in t e -i(' +!,e o& t ei! -"tie( o! in )l+'e -e-i'+te- to !eli,io"( wo!( i)/ >)+!/ <@ -o consider the palace of the "resident; or a place dedicated to reli(ious .orship; the accused must ha%e the intention to commit the crime in such place so that if the meetin( of the offender and the %ictim .as only casual; this circumstance cannot be considered. In a place .here authorities are en(a(ed in the dischar(e of their duties; it is necessary that actual fulfillment of functions be (oin( on; so that if the 0ud(e declared a recess; and durin( such recess a crime .as committed in his courtroom; this circumstance is not presence. Ho.e%er; if it is a place dedicated to reli(ious .orship; any offence committed thereat e%en if no ceremony is ta?in( place; is a((ra%ated by this circumstance. =/ T +t t e '!i*e 3e 'o**itte- in t e ni, tti*e o! in +n "nin +3ite)l+'e, o! + 3+n- w ene%e! ("' 'i!'"*(t+n'e( *+4 &+'ilit+te t e 'o**i((ion o& t e o&&en(e/ 5i(ht has been defined as a period of time from sunset to sunrise. (Art. "., Civil Code& Giada poetically defines it as the be(innin( of dus? to the end of da.n. 6'ee +he Revised Penal Code by 8eyes; p. 3)*7 It is not ho.e%er the period or the time that is material. It is more of the dar?ness or nocturnity that enshrouds the situation. -hus; if at 1&F3& p.m. a ?illin( occurred in a dance party .here the place .as bri(ht or ?eenly illuminated; there is no ni(httime to spea? of. /nd e%en if it .as really dar?; for nocturnity to be considered as an a((ra%atin( circumstance; it must ha%e been particularly sou(ht for by the accused; or ta?en ad%anta(e of by him to facilitate the commission of the crime or to ensure his impunity from capture or other.ise to facilitate his (ate.ay. (People vs. Pare@a, $/5 SCRA $1& 'o also if the criminal act .as commenced .hile the atmosphere or en%ironment .as still bri(ht; and terminated .hen it .as already dar?; this a((ra%atin( circumstance is not present. Contrari.ise; if the offender be(an to perpetrate the crime .hile it .as still dar?; but finished it already at daybrea? .here the place is already bri(ht; there is li?e.ise no ni(httime as an a((ra%atin( circumstance. In the case of Forcible /bduction .ith 8ape .hich .as committed at 2F&& a.m.; it .as held that the a((ra%atin( circumstance of ni(httime should be considered. (People vs. Gre'iel, $"5 SCRA 51/&

In People vs. Ca(angcala, 3*2 'C8/ 3*1; it .as ruled that for ni(httime to be appreciated as an a((ra%atin( circumstance; the Court must con%inced that the co%er of dar?ness .as purposely sou(ht for the purpose of ensurin( the consummation of the crime; or .here the accused too? ad%anta(e of the blan?ness of the ni(ht. -here is a band .hene%er more than three 637 armed malefactors shall ha%e acted to(ether in the commission of the offense. (People vs. Landicho, $54 SCRA "& -hus; at least four 647 must be the number (People vs. Polones, $.# SCRA $%1& and they must be armed althou(h the arms need not to be limited to firearms. !hen the t.o 627 (roups are almost similarly armed; li?e .here the (roup of the offended party numbered fi%e 6)7 but only three 637 .ere armed so that there is no band; .hile the offenders .ere four 647 .ho .ere all armed and therefore constituted a band; there is no band as a((ra%atin( circumstance as it did not facilitate the commission of the crime. Li?e.ise; if the meetin( is casual; the homicide committed by the ?illers comprisin( a band is not a((ra%ated. -he uninhabitedness of a place is determined not by the distance of the nearest house to the scene of the crime but .hether or not in the place of the commission; there .as reasonable impossibility of the %ictim recei%in( some help. Considerin( that the ?illin( .as done durin( ni(httime and many fruit trees and shrubs obstructed the %ie. of nei(hbors and passersby; there .as no reasonable impossibility for the %ictim to recei%e any assistance. (People vs. 0esalisa, $$1 SCRA .5& C/ T +t t e '!i*e 3e 'o**itte- on t e o''+(ion o& 'on&l+,!+tion, ( i)w!e'k, e+!t B"+ke, e)i-e*i' o! ot e! '+l+*it4 o! *i(&o!t"ne/ If the crime coincidentally too? place durin( the occasion of the misfortune or calamity; this a((ra%atin( circumstance is not present because the offender did not ta?e ad%anta(e of the situation. It must be noted that the reason behind this circumstance is found in the debased form of criminality met in one .ho; in the midst of a (reat calamity; instead of lendin( aid to the afflicted; adds to their sufferin( by ta?in( ad%anta(e of their misfortune to despoil them. (9.S. vs. Rodrigue3, "1 Phil. "5#& A/ T +t t e '!i*e 3e 'o**itte- wit t e +i- o& +!*e- *en o! )e!(on( w o in("!e o! +&&o!- i*)"nit4/ -he la. uses the .ords DmenE and DpersonsE meanin( in the plural form and so at least t.o 627 persons are in%ol%ed. If the accused relied on the presence of armed men; a%ailin( himself of the aid of the latter; his liability is a((ra%ated. Ho.e%er; .here it appeared that appellants .ere not merely present at the scene of the crime but .ere in conspiracy .ith the assailant; shootin( the %ictim and lea%in( the scene to(ether after apparently accomplishin( their purpose clearly e%incin( conspiracy; this circumstance can not be appreciated. (People vs. 9m(rero, "1/ SCRA 4$"& If accused; upon assurance of policemen / and > that they .ould not patrol the area so that he could commit theft or robbery thereat; the commission of bur(lary in the said area .here no routine patrollin( .as done is a((ra%ated by the aid of persons .ho insure or afford impunity.

3. T +t t e +''"(e- i( + !e'i-i%i(t. -he la. defines recidi%ist as one .ho; at the time of his trial for one crime; shall ha%e been pre%iously con%icted by final ,ud(ment of another crime embraced in the same title of the 8e%ised "enal Code. !here accused .as con%icted of Homicide on 'eptember 1); 1323 and there bein( no appeal; ,ud(ment became final on October 1; 1323 and the second con%iction .as rendered on October 2*; 1323 for murder; he is a recidi%ist. (People vs. Lagarto, "1/ SCRA /""& If accused committed -heft on 0une 1; 133& and 8obbery on 0uly 1; 133& but after his apprehension; the trial for the t.o 627 crimes .ere consolidated in one hearin( as there .as only one %ictim; and thereafter the court rendered a 0oint ecision findin( him (uilty of both offenses; there is no recidi%ism as there .as no pre%ious final ,ud(ment of con%iction. !hile he .as con%icted of -heft committed on 0une 1; 133& .hen the same .as promul(ated; there .as no prior or pre%ious final ,ud(ment. His con%iction for -heft .as not yet final. /nother reBuisite is that the crimes in%ol%ed must be embraced in the same title under the 8e%ised "enal Code= so that if the pre%ious con%iction is for Homicide and .hen it .as already final there is a subseBuent con%iction for 8ape recidi%ism e$ist as 8ape is no. a crime a(ainst persons. (R.A. 8o. 4.5.& .D/ T +t t e o&&en-e! +( 3een )!e%io"(l4 )"ni( e- &o! +n o&&en(e to w i' t e l+w +tt+' e( +n eB"+l o! ,!e+te! )en+lt4 o! &o! two >0@ o! *o!e '!i*e( to w i' it +tt+' e( + li, te! )en+lt4/ -he crimes should not be embraced in the same title of the Code for accused .ill then be classified as a recidi%ist. -hus; if / has been con%icted of 1urder; and after (rant of parole committed Homicide; he labors under this para(raph 61&7 ?no.n as reiteracion; but he is also sufferin( from recidi%ism 6reincidencia7. In such a case; he .ill be considered only as recidi%ist; and par. 1& .ill no lon(er apply to him. -he pre%ious crimes for .hich accused under.ent punishment must be at least t.o 627 in number if the la. imposes a penalty lo.er than the crime he had been currently con%icted= but if the penalty is eBual or (reater; a sin(le offense is sufficient. -hus; if / had been punished for 'li(ht "hysical In,uries in 132) and then under.ent punishment a(ain for "er,ury in 132*; and later on committed 8ape; his liability for the last offense .ill be a((ra%ated by reiteracion. On the other hand; if the pre%ious con%iction is Homicide; and later on the con%iction is for Falsification 6li(hter than Homicide7; reinteracion is also present. ../ T +t t e '!i*e 3e 'o**itte- in 'on(i-e!+tion o& + )!i'e !ew+!- o! )!o*i(e/ -o consider this circumstance; the price; re.ard or promise must be the primary reason or the primordial moti%e for the commission of the crime. -hus; if / approached > and told the latter .hat he thou(ht of J; and > ans.ered Dhe is a bad manE to .hich / retorted. Dyou see I am (oin( to ?ill him this afternoon;E and so > told him DIf you do that; I@ll (i%e you fi%e thousand 6");&&&.&&7E and after ?illin( J; / a(ain approached >; told him he had already ?illed J; and >; in compliance .ith his promise; deli%ered the fi%e thousand 6");&&&.&&7; this a((ra%atin( circumstance is not present.

!hene%er present ho.e%er; this a((ra%atin( circumstance affects not only the accused .ho perpetrate the crime because of the money or consideration but also the accused .ho offered; as the former becomes a principal by direct participation .hile the latter; a principal by inducement. (People vs. Gerolaga, $/. SCRA " .& 1ere promise; as lon( as it is the reason .hy the offense .as done; is sufficient. .0/ T +t t e '!i*e 3e 'o**itte- 34 *e+n( o& in"n-+tion, &i!e, )oi(on, e6)lo(ion, (t!+n-in, o& + %e((el o! intention+l -+*+,e t e!eto, -e!+il*ent o& + lo'o*oti%e o! 34 t e "(e o& +n4 ot e! +!ti&i'e in%ol%in, ,!e+t w+(te +n- !"in/ -he purpose in employin( the means that is; inundation fire; poison; etc.; must be to ?ill the offended party to consider it as a((ra%atin(. -hus; .here the purpose of the offenders in puttin( in flames the polo shirt of the %ictim .as for further merriment because the %ictim continued to dance e%en .hile his clothes .ere on fire; to the deli(ht of the cro.d; there is no a((ra%atin( circumstance of by means of fire; as ob%iously the ob,ecti%e of usin( fire to ?ill the %ictim is not present. Cnder 8./. 5o. 2234 .hich amends ". . 5o. 12**; .hen a person commits any crime under the 8e%ised "enal Code or special la.s .ith the use of e$plosi%es includin( but not limited to pillbo$; 1oloto% coc?tail bombs; detonation a(ents or incendiary de%ices resultin( in the death of a person; the same is a((ra%atin(. (Sec.$& .1/ T +t t e +'t 3e 'o**itte- wit e%i-ent )!e*e-it+tion/ -he follo.in( reBuisites must be pro%ed before this circumstance may be appreciatedF 617 the time .hen the accused determined to commit the crime= 627 an act or acts manifestly indicatin( that the accused has clun( to his determination; and 637 sufficient lapse of time bet.een such determination and e$ecution to allo. him to reflect upon the conseBuences of his acts. 'o; .here / and > had a fistic fi(ht and / found himself at the recei%in( end despite his siAe and threatened to ?ill > shoutin(; after they separated DHan((an( bu?as na lan( an( buhay moE and thereafter for(ot e%erythin( but .hen he sa. > in the afternoon of that day; he stabbed him; there is no lac?in(. Ho.e%er; if after ma?in( the threat / .ent to his friends borro.in( firearm; and .hen nobody lent him; he brou(ht a bolo; sharpened it the .hole mornin( of the follo.in( day and loo?ed for > .hom he ?illed .ith the said bolo; e%ident premeditation shall be ta?en a(ainst him. In People vs. 6o@ica, 1& 'C8/ )1); the lapse of one 617 hour and forty<fi%e 64)7 minutes 64F1) p.m. to * p.m.7 .as considered by the 'upreme Court as sufficient. In People vs. Ca(odoc, 2*3 'C8/ 12+; .here at 1F&& p.m.; the accused opened his balison( and uttered DI .ill ?ill him 6referrin( to the %ictim7;E and at 4F3& p.m. of the said date accused stabbed the %ictim; it .as held that the lapse of three and a half hours 63 P hours7 from the inception of the plan to the e$ecution of the crime satisfied the last reBuisite of e%ident premeditation. !here it appears that after the fi(ht .as bro?en up; the accused returned to ?ill the %ictim after four 647 hours; it can not be deduced .ith

certainly that he clun( to his decision to ?ill the %ictim. -here is no e%ident premeditation. (People vs. 8ell, et al., G.R. 8o. "#1//#, <uly ", "11%& #%ident premeditation .hile inherent in crimes a(ainst property; may be considered in robbery .ith homicide if there is premeditation to ?ill besides stealin(. 'o also; .here treachery obtains in this special comple$ crime; such treachery is to be re(arded as a (eneric a((ra%atin( circumstance althou(h it .ill not Bualify the ?illin( to murder; robbery .ith homicide bein( a case of a composite crime .ith its o.n definition and special penalty in the 8e%ised "enal Code. (People vs. Cando, . SCRA .."& .9/ T +t '!+&t, &!+"- o! -i(,"i(e 3e e*)lo4e-/ Craft is present since the accused and his cohorts pretended to be bonafide passen(ers of the ,eep in order not to arouse suspicion= .hen once inside the ,eep; they robbed the dri%er and other passen(ers. (People vs. Lee, $# SCRA 1##& Ho.e%er; in People vs. Aspile, "1" SCRA 5.#, appellants are ruled not to ha%e employed craft since they had already boarded the %essel .hen they pretended to buy -anduay 8um in e$chan(e for the dried fish and chic?en they .ere carryin(. #%en .ithout such pretense; they could nonetheless ha%e carried their unla.ful scheme. !hile craft is a circumstance characteriAed by tric?ery or cunnin( resorted to by the accused (People vs. *arrios, 1$ SCRA "15&, fraud in%ol%es acts; or spo?en or .ritten .ords; by a party to misled another into belie%in( a fact to be true .hen it is not so. (Anta3o vs. People, ".4 SCRA $1$& -hus; .here /; armed .ith a ?nife and ready to meet >; .ho .as holdin( a lead pipe; told the latter that if he 6>7 .ould ,ust drop his .eapon their differences .ould be settled amicably him .ith his ?nife fraud is said to be present. -here is only a hairline distinction bet.een craft and fraud and the 'upreme Court in %arious cases has used them interchan(eably. 0ustice Luis 8eyes in his boo?; +he Revised Penal Code, *oo= ", 1333 #d.; p. 333; has distin(uished the t.o 627 terms; in that .hen there is a direct inducement by insidious .ords or machinations; fraud is present= other.ise; the act of the accused done in order not to arouse the suspicion of the %ictims constitutes craft. is(uise is the use of any de%ise or artifice by the accused to conceal his identity. -hus; .here the accused .ore mas?s to co%er their faces; e%en if the mas?s subseBuently fell do.n; thus pa%in( the .ay for their identification; this a((ra%atin( circumstance is present as there could ha%e been no other purpose but to conceal their identities. (People vs. Cota(ato, "/# SCRA 14& If the offender put charcoal on his entire na?edbody; entered the house of his nei(hbors and raped her; the crime of rape is a((ra%ated by this circumstance. >ut the accused must be able to hide his identity durin( the initial sta(e; if not all trou(h out; the commission of the crime and his identity must ha%e been disco%ered only later on; to consider his a((ra%atin( circumstance. If despite the mas? .orn by the accused; or his puttin( of charcoal o%er his body; the offended party e%en before the initial sta(e ?ne. him; he .as not able to hide his identity and this circumstance can not be appreciated.

1). T +t +-%+nt+,e 3e t+ken o& (")e!io! (t!en,t o! *e+n( e*)lo4e- to we+ken t e -e&en(e/ -he accused .ho; .ith sand in his hand; thre. the same into eyes of the offended party .hen they .ere about to stri?e each other causin( momentary blindness on the part of the latter has employed means to .ea?en the defense. -he fact ho.e%er that there .ere t.o persons .ho attac?ed the %ictim does not per se establish that the crime .as committed .ith abuse of superior stren(th. -o ta?e ad%anta(e of superior stren(th means to purposely use e$cessi%e force out of proportion to the means a%ailable to the person attac?ed to defend himself. (People vs. Casingal, $ . SCRA .%& !here appellant@s (roup numbered more than fi%e 6)7; t.o 627 of .hom .ere armed .ith bladed .eapons .hile the %ictim .as unarmed surrounded by the (roup; .ith his hand held by at least one 617; and .as stabbed fatally sustainin( t.o 627 frontal .ounds and other in,uries; the crime is a((ra%ated by abuse of superior stren(th in as much as no ale%osia .as pro%en as the appellant@s did not consciously adopt their mode of attac?. (People vs. 0aen, <r., $ SCRA .4$& Had treachery or ale%osia been pro%en; it .ould ha%e absorbed abuse of superior stren(th. 6People vs. Pangani(an, $ " SCRA 1"& -he attac? of the three 637 men all armed .ith bladed .eapons a(ainst an unarmed .oman .hose body bore se%enteen 61+7 stab .ounds; clearly sho.s the presence of this circumstance. .=/ T +t t e +'t 3e 'o**itte- wit t!e+' e!4/ -here is 6ale%osia7 treachery .hen the offender commits any of the crimes a(ainst the person; employin( means; methods or forms in the e$ecution thereof .hich tend directly and specially to insure its e$ecution; .ithout ris? to himself arisin( from the defense .hich the offended party mi(ht ma?e. For treachery to be present; t.o conditions must concurF 6a7 the employment of means of e$ecution .hich .ould ensure the safety of the offender from defensi%e and retaliatory acts of the %ictim; (i%in( said %ictim no opportunity to defend himself; and 6b7 the means; method and manner of e$ecution .ere deliberately and consciously adopted by the offender. (People vs. 6ala(ago, $/5 SCRA "14& !here the accused; suddenly and .ithout any .arnin(; shot the deceased from behind ?no.in( he .as carryin( a bolo; there is treachery. (People vs. 5scander, $/5 SCRA & #%en if the attac? is frontal; treachery may also be considered if the attac? on the %ictim; althou(h preceded by a .arnin( D-ara 'er(io;E .as undoubtedly sudden and une$pected and pre%ented the unsuspectin( %ictim; .ho had ,ust stood up; from defendin( himself. (People vs. 5stanislao, $/5 SCRA 4"#& For treachery to be appreciated ho.e%er; this circumstance must be present at the inception of the attac? and if absent; and the attac? is continues; treachery at a subseBuent sta(e is not to be considered. (People vs. 5scoto, $ SCRA .4$& Ho.e%er; if there is a brea? in the continuity of the a((ression; it is

not necessary that treachery be present in the be(innin( of the assault= it is sufficient that .hen the fatal blo. .as inflicted; there .as treachery. (9.S. vs. *alagtas, "1 Phil. "/ & /s a rule; a sudden attac? by the assault; .hether frontally or from behind; is treachery if such mode of attac? .as coolly and deliberately adopted by him .ith the purpose of depri%in( the %ictim of a chance to either fi(ht of retreat. (People vs. Real, $ $ SCRA /%"& Ho.e%er; mere suddenness of the attac?; or one made from behind; does not necessarily compel a findin( of treachery for the essence of this circumstance lies in the adoption of .ays and means that minimiAe or neutraliAe any resistance .hich may be put up by the offended party. (People vs. Gon3agan, <r., $ % SCRA $$#& 1+. T +t *e+n( 3e e*)lo4e- o! 'i!'"*(t+n'e( 3!o", t +3o"t w i' +-i,no*in4 to t e n+t"!+l e&&e't( o& t e +'t/ I(nominy is a circumstance pertainin( to the moral order; .hich adds dis(race and obloBuy to the material in,ury caused by the crime; so that ?illin( a man in the presence of the .ife does not constitute i(nominy (9.S. vs. A(aigar, $ Phil. "%& but rapin( her in the presence of the husband sho.s i(nominy and a((ra%ates the offense. !here before the %ictim; a lando.ner; .as ?illed; he .as made to ?neel in front of his house helpers; this a((ra%atin( circumstance .ould be present. (9.S. vs. 0e Leon, " Phil. "/.& !hen the %ictim .as raped .ith the accused forcin( her; usin( the same position as do(s do; that is; the do(<style position in the se$ual act; the 8ape is a((ra%ated by i(nominy. (People vs. Saylan, ".# SCRA "51& -he ori(inal intent of the accused did not comprehend the commission of rape. Hence; the crime of 8ape cannot be re(arded as principal offense. >ut since it attended the commission of 8obbery .ith Homicide; the 8ape is deemed to a((ra%ate the crime. Instead of i(nominy; it is the 8ape itself that a((ra%ates the crime. (People vs. Aspile, "1" SCRA 5.#& -here is li?e.ise i(nominy .hen the accused DplasteredE .ith mud the %a(ina of the offended party ri(ht after rapin( her. (People vs. 7ernande3, "4. SCRA 5""& -he rulin( that if robbery .ith homicide .as committed .ith additional ?illin(s and9or rape; the additional ?illin(s or the rape shall be considered a((ra%atin( circumstances has been rendered obsolete by the 'upreme Court@s decision in People vs. Regala, .$1 SCRA %#1, holdin( that there is no la. pro%idin( that additional rape9s homicide9s committed on the occasion of robbery should be considered as a((ra%atin( circumstance. / penal la. is liberally construed in fa%or of the offender and no person should be brou(ht .ithin its terms if it is not clearly made so by the statute. In People vs. Gano, 3)3 'C8/ 12*; the 'upreme Court citin( the Regala case heldF It should be noted that there is no la. pro%idin( that additional rape9s or homicide9s should be considered as a((ra%atin( circumstance. -he enumeration of a((ra%atin( circumstances under /rticle 14 of the 8e%ised "enal Code is e$clusi%e as opposed to the enumeration in /rticle 13 of the same Code re(ardin( miti(atin( circumstances .here

there is specific para(raph 6para(raph 1&7 pro%idin( for analo(ous circumstances. It is true that the additional rapes 6or ?illin(s in the case of multiple homicide on the occasion of the robbery7 .ould result in an Danomalous situationE .here from the standpoint of the (ra%ity of the offense; robbery .ith one rape .ould be on the same le%el as robbery .ith multiple rapes. Ho.e%er; the remedy lies .ith the le(islature. / penal la. is liberally construed in fa%or of the offender $ $ $.E .A/ T +t t e '!i*e 'o**itte- +&te! +n "nl+w&"l ent!4/ In ta?in( a.ay certain %aluable articles from the house; accused entered throu(h the .indo.. -he crime committed is 8obbery= but because this circumstance is not alle(ed in the information; the offence is classified as -heft. Ho.e%er; the crime is a((ra%ated by Cnla.ful #ntry. (People vs. Sunga, . Phil. $#5& 'ince the accused entered the second<floor .indo. of the residence of the accused; a .ay not intended for in(ress; the crime of 8obbery .ith Homicide is a((ra%ated by Cnla.ful #ntry. (People vs. *aello, $$ SCRA $"4& !here the escaped .as done throu(h the .indo.; the crime is not attended by this circumstance since there .as no unla.ful entry. .?/ T +t +( + *e+n( to t e 'o**i((ion o& + '!i*e, + w+ll, !oo&, &loo!, -oo! o! win-ow 3e 3!oken/ -he brea?in( of the parts of the house must be made as a means to commit the offense. 'o.; if / entered the door of his nei(hbor and after ?illin( him; escaped by brea?in( the ,alousies of the .indo. or the door; this a((ra%atin( circumstance is absent. !hile that la. uses the .ords D.all; roof; floor; door or .indo.;E in one case; .here accused entered a field tent cuttin( the ropes at the rear of the tent; and ?illed the %ictim soldiers sleepin( thereat; the 'upreme Court considered the crime of 1urder; attended by the a((ra%atin( circumstance of forcible entry. 2&. T +t t e '!i*e 3e 'o**itte- wit t e +i- o& )e!(on( "n-e! &i&teen >.<@ 4e+!( o& +,e, o! 34 *e+n( o& *oto! %e i'le(, +i!( i)( o! ot e! (i*il+! *e+n(/ -he minors here could be accessories; accomplices or principals .ho aided the accused in the commission of the crime. 'aid minors could a%ail the e$emptin( or miti(atin( circumstance due them on account of minority. -he la. intends to put a stop to the practice of professional criminals of employin( people .hom they ?no. could be e$empt from criminal liability or .ould not be fully punished under the la.. -he crime is a((ra%ated by the use of motor %ehicle .here the accused deliberately a%ailed themsel%es of a tricycle in order to consummate their dastardly act and to use it as a co%er to facilitate the commission of 1urder. (People vs. 0e la Cru3, "1#SCRA .$4&

Li?e.ise; the use of motor %ehicle by the accused a((ra%ated the commission of 8obbery .ith Homicide since the %ehicle .as used to facilitate their escaped from the scene of the crime. (People vs. *artulay, "1$ SCRA /$"& Other similar means pro%ided for in this article should be understood to refer to motoriAed %ehicles or other efficient means of transportation similar to automobile or airplane 6'ee +he Revised Penal Code *oo= " by 8eyes; 1333 #d.; p. 4)37 since the purpose of a((ra%atin( the penalty is to discoura(e the criminals from ta?in( ad%anta(e of the (reat facilities offered by modern means of transportation and communication. 0./ T +t t e w!on, -one in t e 'o**i((ion o& t e '!i*e 3e -eli3e!+tel4 +",*ent 34 '+"(in, +not e! w!on, not ne'e((+!4 &o! it( 'o**i((ion/ -his is cruelty pro%ided for /rt. 242 as a Bualifyin( circumstances. -here is cruelty .hen the offender deliberately and inhumanly au(ment the sufferin( of the %ictim. -he fact that the %ictim@s decapitated body bearin( forty<three 6437 stab .ounds; t.enty<four 6247 of .hich .ere fatal; .as found dumped in the street is not sufficient for a findin( of cruelty .here there is no sho.in( that the accused; for his pleasure and satisfaction; caused the %ictim to suffer slo.ly and painfully and inflicted on him unnecessary physical and moral pain. (People vs. )laoa, $.. SCRA $."& It .ould seem that there must be proof sho.in( that .hen the second and subseBuent stab .ounds .ere inflicted; the %ictim .as still ali%e because the essence of cruelty is that the culprit finsQds deli(ht in prolon(in( the sufferin( of the %ictim. In People vs. *inondo, 241 'C8/ +*4. !hen the %ictim .as decapitated; the 'upreme Court considered the presence of this a((ra%atin( circumstance statin( thatF Dno (reater outra(e; insult or abuse can a person commit upon a corpse than to se%er the head there from. -he head represents the di(nity of the person and any %iolence directed to.ards it can not but be deliberately or inhumanly au(mentin( the sufferin( of the %ictim or outra(in( or scoffin( at his person or corpse.E /((ra%atin( circumstances not pro%ided under 8e%ised "enal Code. A/ Un-e! t e in&l"en'e o& D+n,e!o"( D!",( 'ec. 1+ of >.". >l(. 1+3 promul(ated on 1arch 2 1322 pro<%idesF D-he pro%ision of any la. to the contrary not.ithstandin(; .hen a crime is committed by an offender .ho is under the influence of dan(erous dru(s; such state shall be considered as Bualifyin( a((ra%atin( circumstance. In People vs. +ac-an, 122 'C8/ *&1; it .as said that Din the absence of a competent medical or other direct e%idence of in(estion of a dan(erous dru(; courts must be .ary and critical of indirect e%idence considerin( the se%ere conseBuences for the accused of a findin( that he acted under the influence of prohibited dru(.E

Ho.e%er; if the e%idence is clear that the accused perpetrated the act .hile under the influence of ille(al dru(s; the crime is a((ra%ated. B/ U(e o& Unli'en(e- Fi!e+!*

/lthou(h the circumstance that human life .as destroyed .ith the used of an unlicensed firearm is not a((ra%atin( under /rt. 14; 8"C; it may still be ta?en into consideration to increase the penalty because of the e$plicit pro%isions of "residential ecree 5o. 12** as amended by 8./. 5o. 2234. 'ection 1; par. 3 of said la. says that if homicide or murder is committed .ith the use of an unlicensed firearm; such use of an unlicensed firearm shall be considered as an a((ra%atin( circumstance. Further; under 'ec. 3 thereof; .hen a person commits any of the crimes defined in the 8e%ised "enal Code or special la.s .ith the use of e$plosi%es li?e pill bo$; 1oloto% coc?tails bombs; fire bombs or other incendiary de%ices .hich result in the death of any person; such use shall be considered as an a((ra%atin( circumstance. C/ O!,+niFe-;S4n-i'+te- C!i*e G!o")

-he ma$imum penalty shall be imposed if the offense .as committed by any person .ho belon(s to an or(aniAed9syndicated crime (roup. /n or(aniAed9syndicated crime (roup means a (roup of t.o or more persons collaboratin(; confederatin( or mutually helpin( helpin( one another for purposes of (ain in the commission of any crime. (Art. $., R.A. 8o. %/51& ALTERNATIVE CIRCUMSTANCES >A!t/ .<@ -here are those circumstances .hich must be ta?en into consideration as a((ra%atin( or miti(atin( accordin( to the nature and effects of the crime and the other conditions attendin( its commission. -he la. enumerates them as 617 relationship of the offender and the offended party 627 into$ication; and 637 de(ree of instruction and education of the offender. ./ Rel+tion( i) 8elationship shall be considered .hen the offended party is the spouse; ascendant; brother or sister; or relati%e by affinity in the same de(ree of the offender; li?e parents<in<la.; children<in<la.; or brothers<in<la. or sisters<in< la.. -he relationship of step<dau(hter and step<father is included (People vs. +an, <r., $/ SCRA $5& but not that of uncle and niece. (People vs. Ca(resos, $ SCRA ./$& !hen is relationship a miti(atin( circumstanceR In crimes a(ainst property; it is miti(atin(; applyin( by analo(y /rt. 332 .hich pro%ides that there is no criminal but only ci%il liability in case of theft; s.indlin( or malicious mischief committed or caused mutually by spouses; ascendants; descendants; brothers and sisters; and relati%es by affinity in the same line; .ith a pro%iso that in case of brothers or sisters and brothers<in<la. or sisters< in<la.; they must be li%in( to(ether. In crimes a(ainst persons; e$cept serious physical in,uries; .here relationship is al.ays a((ra%atin( the rule is .here the offended party is relati%e of a hi(her de(ree; or .here he is of the same le%el as the offender; relationship is a((ra%atin(; other.ise it is miti(atin(. If the results in the death of the %ictim e%en if he is of a lo.er le%el; the relationship is a((ra%atin(.

Ho.e%er; this rule is sub,ect to the Dother conditions attendin( the commission of the crime.E 0/ Into6i'+tion -he ordinary rule is that; into$ication may be considered either a((ra%atin( or miti(atin(; dependin( upon the circumstances attendin( the commission of the crime. Into$ication has the effect of decreasin( the penalty; if the into$ication is not habitual or subseBuent to the plan to commit the crime= upon the other hand; .hen into$ication is habitual or intentional; it is considered as an a((ra%atin( circumstance. -he person pleadin( into$ication must present proof that he had ta?en; a Buantity of alcoholic be%era(e; prior to the commission of the crime; sufficient to produce the effect of blurrin( his reason= at the same time; he must pro%e that not only .as into$ication not habitual but also that his imbibin( the alcoholic drin? .as not intended to fortify his resol%e to commit the crime. (People vs. *uena'lor, $"" SCRA 1$& 1/ De,!ee o& In(t!"'tion +n- E-"'+tion o& t e O&&en-e! Hi(h de(ree of education and instruction of the offender is al.ays a((ra%atin(; ne%er miti(atin( .hen applicable. In a case for Homicide or 1urder; the liability of the offender is not a((ra%ated e%en if he is a bar or board e$amination topnotcher; and has (raduated summa cum laude from his colle(e de(ree. On the other hand; the liability of an accountant or a la.yer .ho commits #stafa by means of D:itin(E or %iolation of the -rust 8eceipts La. shall be a((ra%ated since he used his hi(h de(ree education and ?no.led(e in committin( the criminal act. Lo. de(ree of instruction or education; on the other hand is al.ays miti(atin(; ne%er a((ra%atin( .hen applicable. !here the accused did not finish e%en the first (rade in elementary school; the murder he committed is attenuated by this alternati%e circumstance (People vs. Limaco, 44 Phil. .5&= so also in per,ury .here the affida%it is .ritten in #n(lish this miti(atin( circumstance is present. -he rule ho.e%er is that not only illiteracy. >ut also lac? of sufficient intelli(ence; is necessary to successfully a%ail of this alternati%e circumstance as miti(atin(. In 6olesa vs. 0irector o' Prisons, )3 "hil. 4&+; the 'upreme Court ruledF D-his Court has held that the miti(atin( circumstance of lac? of instruction should not be ta?en into consideration .ith the crime of rape. $ $ $ 5o one is so i(norant as not to ?nop. that the crime of rape is .ron( and %iolation of the la..E

Title Two
PERSONS CRIMINALLY LIABLE FOR FELONIES !ho are the particeps criminis that is; those participants in the crimeR -hey are the principals; accomplices, and accessories. Ho.e%er; for li(ht felonies; the persons criminally liable are only the principals and the accomplices. (Art. "/& >y the personal nature of criminal liability; only natural persons can be the acti%e sub,ect of a crime. Ho.e%er; corporations and ,uridical persons can be ordered to pay fine as a punishment under some special la.s; li?e the Corporation La.; 4eneral >an?in( /ct; Omnibus #lection Code; etc. In some cases; the officers of the corporation and9or partnerships are the ones personally held liable. ./ P!in'i)+l( -here are three 637 Classes of "rincipals 6a7 "rincipals by irect "articipation that is; those .ho ta?e a direct part in the e$ecution of the act= 6b7 "rincipals by Inducement or Induction those .ho directly force or induce others to commit the crime= and 6c7 "rincipals by Indispensable Cooperation; those .ho cooperate in the e$ecution in the offense by another act .ithout .hich the crime .ould not ha%e been accomplished. (Art. "%& P!in'i)+l( 34 Di!e't P+!ti'i)+tion are those .ho; participatin( in the criminal resolution; proceed to perpetrate the crime and personally ta?e part in its realiAation; e$ecutin( acts .hich directly tend to the same end. (People vs. Gu(allo, "/ #"-R, 7e(ruary "1, "15%& -o hold liable thus as principals by direct participation; they must ha%e conspired .ith each other 6and .ith other participants of there are any7 and .ent to the scene of the crime to personally e$ecute .hat they a(reed upon; their acts tendin( to.ards the same ob,ecti%e. -hus; if /; >; C and conspired .ith each other to ?ill J and then proceeded to the house of J; but before reachin( the same; pretendin( to ans.er the call of nature .ent out of the .ay and did not ,oin /; > and C anymore .hen the three; he did not proceed to the scene of the crime. 'o also; if J; K; and L passed by the house of ! .ho .as apparently not in the mood and upon L@s loud callin(; .ent out of his house .ith a bolo .hereupon L tried to .rest possession of said bolo; and .hile (rapplin( .ith !; the latter@s .ife came out from no.here and stabbed L .ith her spear; ! can not be classified as a principal by direct participation as he did not conspire .ith his .ife in ?illin( L e%en if he .as at the scene of the crime. -he acts of the participants must be to.ards the same end in carryin( out their plan. 'o that in the first e$ample abo%e; e%en if / only acted as loo?< out in the yard of J@s house; and > ,ust accompanied C to the room .here J .as sleepin(; ready to assist C if the need arises; and it .as only C .ho fired the (un that ?illed J; all the; three 637; meanin( /; > and C are principals by direct participation. !here the accused conspired .ith this three 637 co<accused to ?ill the t.o 627 %ictims and the role assi(ned to him .as to ?ill one of the %ictims .hich he did; he is a principal by direct participation in the t.o 627 murders.

!here conspiracy has been adeBuately pro%en; there is collecti%e criminal responsibility; for in conspiracy; the act of one is the act of all. On the other hand; if there is no conspiracy pro%ed; indi%idual criminal liability may ensue. Principals (y )nduction are of t.o 627 classesF those .ho directly induce others to commit the crime; and those .ho directly force another to perpetrate the offence. -he one forced or induced is the principal by direct participation. -here are t.o 627 .ays of directly inducin( another to commit a crimeF 6a7 >y (i%in( price; re.ard or promise. -o fall under the scenario; the price; re.ard or promise must be the primordial consideration .hy the principal by direct participation proceeded to commit the crime. 'o that if he .ould commit the offense ,ust the same .ith or .ithout the price; promise or re.ard; the one .ho (a%e the price or re.ard is not liable. 5ecessarily; there must be conspiracy bet.een the (i%er of the consideration; and the doer of the act. >y usin( .ords of command. -o hold the principal by inducement liable; it is necessary that the inducement be made directly to secure the commission of the crime; and that such inducement be the determinin( cause of the e$ecution of the act by the principal by direct participation.

6b7

1ere su((estion; or a thou(htless e$pression or a chance .ord spo?en .ithout any intention or e$pectation that it .ould produce the result can not hold the utterer liable as principal by inducement; thus; if /; in response to > .ho .as narratin( to him his 6>@s7 bitter e$perience .ith J in a chance con%ersation; told >; DEung a=o i=aw eh papatayin =o iyang si F,G and later on; > ?illed J; / can not be considered a principal by inducement. #%en if the inducement be directly made; .ith the inducer insistent and determined to procure the commission of the crime; he still can not be classified as principal by induction if the inducement is not the determinin( cause for committin( the crime. -hus; if the actor has reason of his o.n to commit the offense; there can be no principal by induction. -hose .ho directly forced another to commit a crime are also cate(oriAed as "rincipals by Inducement. -hus; .ith a (un in his hand; / (a%e > a ?nife and ordered him to ?ill J .ho .as sleepin( nearby other.ise he 6/7 .ould shoot him 6>7. If > .ould stabbed J to death; / is a principal by inducement by directly forcin( another to perpetrate a crime. >; on the other hand; is a principal by direct participation althou(h he .ould be e$empt from criminal liability under /rticle 12; par. *. Principals (y )ndispensa(le Cooperation are those .ho cooperate in the commission of the offense by another act .ithout .hich it .ould not ha%e been accomplished. Li?e in the case of "rincipal by Inducement; it presupposes the e$istence of the principal by direct participation other.ise .ith .hom shall be cooperate .ith indispensably. -he cooperation here is an assistance ?no.in(ly or intentionally rendered .hich can not e$ist .ithout pre%ious co(niAance of the criminal act

intended to be e$ecuted. (Phil. Law 0ictionary (y 6oreno, 3rd #d.; p. 2137 In other .ords; before an accused can be ta((ed as a principal by indispensable cooperation; he must ha%e conspired .ith the principal by direct participation or must ha%e a unity of criminal purpose and intention .ith him immediately before the commission of the offense; but his cooperation is in the performance of another act .ithout .hich the criminal .ould ha%e been accomplished. !here both accused conspired and confederated to commit rape; and one had se$ .ith the offended party .hile the other .as holdin( her hands; and thereafter the latter .as the one .ho raped the %ictim; both are principals by direct participation and by indispensable cooperation in the t.o 627 crimes of rape committed. (People vs. 7ernande3, "4. SCRA 5""& !here /; a municipal treasurer; conspired .ith > for the latter to present a false receipt and .hich receipt .as the basis of the reimbursement appro%ed by /; and both thereafter shared the proceeds; / is the principal by direct participation and > by indispensable cooperation in the crime of 1al%ersation. 0/ A''o*)li'e( /n accomplice is one .ho; not ha%in( participated as principal; cooperates in the e$ecution of the offense by pre%ious or simultaneous act. (Art. "4& He is sometimes referred to accessory before the fact. -he e$istence of an accomplice presupposes the e$istence of a principal by direct participation. -he accomplice does not conspire .ith the principal althou(h he cooperated in the e$ecution of the criminal act. If / approached >; borro.in( the latter@s (un; tellin( him that he 6/7 is (oin( to ?ill J; and > :no.in( /@s criminal desi(n; lent his (un .ith .hich / shot and ?illed J; > is an accomplice cooperatin( by pre%ious act. In the abo%e e$ample; ta?e note that .hile > did not conspire .ith / to ?ill J; he 6>7 concurred .ith / in his purpose. Had he conspired .ith /; > is a principal by indispensable cooperation. -hat act of / ho.e%er must ha%e a relation to the participation of >. -hus; if .hile >; ?no.in( /@s purpose to ?ill J; still lent his (un to /; but / used a bolo in ?illin( J; then > can not be considered an accomplice. !hile J .as cho?in( K; ! .ent behind K .ithout any ?no.led(e of J and once .ithin stri?in( distance; stabbed K. e%en upon seein( the stabbin( made by !; J continued cho?in( K; .ho died of stab .ords. cho?in( contributed to the death of K. in this case; ! is an accomplice cooperatin( by simultaneous act. If the offender; ho.e%er; e%en of performin( the acts of an accomplice; has participated as a principal; he .ill be punished as a principal; and no lon(er as an accomplice. 1/ A''e((o!ie( >A!t/ .?@ >Al(o +''e((o!4 +&te! t e &+'t@

-hey are those .ho; ha%in( ?no.led(e of the commission of the crime; and .ithout ha%in( participated as principals or accomplices; ta?e part subseBuent to its commission in any of the follo.in( mannersF

1.

*y pro'iting themselves or assisting the o''ender to pro'it (y the e''ects o' the crime. -he most common e$ample is a person .ho; .ithout ha%in( participated as principal or accomplice in 8obbery or -heft but ?no.in( that the property bein( offered to him is the proceeds or sub,ect matter of the said crime; bou(ht or purchased or dealt in any manner .ith such property; obtainin( benefit from said transaction or helpin( the thief or robber to profit therefrom. If the robber or thief reBuest him to sell the property stolen; and he does so and thereafter (i%en a share; he is also an accessory. Cnder ". 5o. 1*12; other.ise ?no.n as D/nti<fencin( La.;E any person .ho; .ith intent to (ain for himself or for another; shall buy; recei%e; possess; ?eep; acBuire; conceal; sell or dispose of; or shall buy and sell; or in any other manner deal in any article; item; ob,ect or anythin( of %alue .hich he ?no.s; or should ha%e ?no.n to ha%e been deri%ed from the proceeds of the crime of robbery of theft shall be punished dependin( on the %alue of the property in%ol%ed. (Sec. $& -he accessory ho.e%er should not ta?e the property .ithout the consent of the principal or accomplice in possession of the same; other.ise he is a principal in the crime of theft since a stolen property can also be the sub,ect of theft or robbery. / person .ho profits or assist the offender to profit by the effects of the crime is also illustrated in a ?idnappin( case .here the ?idnappers as? a person .ho has not participated in the actual ?idnappin(; to contact the parents of the %ictim to ne(otiate the deli%ery of ransom money; and ha%in( successfully done so; recei%es a share from the same. He is also an accessory. >ut if a person bein( co<conspirator in theft or robbery; sold some of the property stolen; he should no lon(er be punished as an accessory since he .ill be held already as a principal.

2.

*y concealing or destroying the (ody o' the crime or the e''ects or instruments thereo' to prevent its discovery. !here /; ?no.in( that > and C had ?illed J; buried the corpse to pre%ent the disco%ery of the ?illin(; he is an accessory. -he body of the crime ho.e%er does not only mean the body of the person ?illed. -his phrase refers to CO8"C' #LIC-I that is; the body or the substance of the offense. (People vs. *antagan, 5 Phil. 4 "&. Corpus delicti simply means the fact that a crime has actually been committed. (People vs. 6adlang(ayan, 1 SCRA /45& "lacin( a .eapon in the hand of the deceased .ho .as ?illed by his friend; to ma?e it appear that his friend had ?illed the %ictim in self<defense constitutes an act of an accessory. !here the .ife misled the authorities by informin( them that the person .ho ?illed her husband .as a theft .ho has fled;

.hen in truth; the ?iller .as her paramour; the .ife is liable as an accessory for concealin( the body of the crime. If /; after ?illin( a person; .ent to > and told the latter to hide the (un he used; .hich > did .ith the ob,ecti%e of concealin( the crime; > is an accessory by concealin( the instrument of the crime. 'o also; if J .ould deli%er the car he had carnapped; to K; tellin( the latter of the carnappin( he did; and as?in( him to conceal the car so that the crime .ould not be disco%ered; and K did so; he is an accessory by concealin( the effects of the crime. 3. *y har(oring, concealing or assisting in the escape o' the principal o' the crime; provided the accessory acts with a(use o' pu(lic 'unctions, or whenever the author o' the crime is guilty o' treason, parricide, murder or an attempt to ta=e the li'e o' the Chie' 5;ecutive, or is =nown to (e guilty o' some other crime. If the one .ho harbors or assist in the escape of the principal is a public officer; .hate%er be the crime committed by the said principal pro%ided it is not a li(ht felony; .ill ma?e him an accessory. -hus; if / rapes a .oman; and he is assisted in his escape by a public officer; the latter is liable as an accessory. Ho.e%er; if the one .ho assist the rapist in his escape is a pri%ate indi%idual; he is not liable as an accessory under the article because in case of a pri%ate indi%idual assistin( the escape of the principal; the crime committed must be treason; parricide; murder or an attempt to ta?e the life of the Chief #$ecuti%e. -hus; if / and > a(reed to fi(ht; and after ?illin( >; / .as assisted by pri%ate indi%idual C in his escape; C is not liable as an accessory because the crime committed by / is only Homicide there bein( an a(reement to fi(ht. !hile accessories@ liability is subordinate to that of the principal; the acBuittal of the latter does not mean acBuittal of the accessory. 'o that if /; char(ed as principal in a murder case; .ith > indicted as accessory for helpin( him escape before he .as finally arrested; and / .as acBuitted because of self<defense or that the court ad,ud(ed the crime to be only Homicide; > is not liable as an accessory. >ut if / .as acBuitted because of insanity; or the case a(ainst him dismissed because he died durin( the trial; > can still be held liable as accessory as lon( as it .as pro%en that the crime .as murder; and he assisted / in his escape. In connection .ith this matter; "residential ecree 5o. 1223 pro%ides that the penalty of prision correccional in its ma$imum period; or a fine ran(in( from one thousand 6"1;&&&.&&7 to si$ thousand 6"*;&&&.&&7 pesos or both; shall be imposed upon any person .ho ?no.in(ly or .illfully obstructs; impedes; frustrates or delays the apprehension of sub,ects and the in%esti(ation and prosecution of criminal cases by harborin( or concealin(; or facilitatin( the escape of any person .hom he ?no.s; or has reasonable (round to belie%e or suspect; has committed any offense under e$istin( penal la.s in order to

pre%ent his arrest; prosecution and con%iction. -his is .hat is popularly ?no.n as Obstruction of 0ustice.

Title T !ee PENALTIES

In Gene!+l "enalty is the punishment imposed by la.ful authority upon a person .ho commits an unla.ful; deliberate or ne(li(ent act. (People vs. 6oran, Phil. ."& /rticle 21 of the 8e%ised "enal Code pro%ides that no felony shall be punishable by any penalty not prescribed by la. prior to its commission but the la. can not impose cruel and unusual punishment as the Constitution prohibits it. In a ,ud(ment of con%iction for any crime; the court should specify the appropriate name of the penalty pro%ided for the 8e%ised "enal Code or in special la.s. (People vs. AHuino, "4/ SCRA 45"& Cl+((i&i'+tion o& Pen+ltie( /rticle 21 of the 8e%ised "enal Code pro%ides that felony shall be punishable by any penalty not prescribed by la. prior to its commission but the la. can not impose cruel and unusual punishment as the Constitution prohibits it. In a ,ud(ment of con%iction for any crime; the court should specify the appropriate name of the penalty pro%ided for in the 8e%ised "enal Code or in special la.s. (People vs. AHuino, "4/ SCRA 45"& Cl+((i&i'+tion o& Pen+ltie( /rt. 2) cate(ories penalties into Principal penalties .hich death is the capital punishment= reclusion perpetua, reclusion temporal, perpetual or temporary absolute disBualification; perpetual or temporary special disBualification and prison mayor .hich are considered A''lictive penalties, prision correctional, arresto mayor, suspension and destierro .hich are Correccional penalties, aresto menor and public censure .hich are Li(ht penalties= and Accessory penalties .hich are perpetual or temporary absolute disBualification; perpetual or temporary special disBualification; suspencion from public office; ci%il interdiction; indemnification; forfeiture or confiscation of instruments and proceeds of the offense; and the payment of costs. Principal penalties are those e$pressly imposed by the court .hile Accessory penalties are those that are deemed included in the principal penalties imposed. In the order of se%erity and for the purpose of successi%e ser%ice sentences; the penalties ha%e the follo.in( scaleF 1. 2. 3. 4. ). *. 0eath Reclusion Reclusion +emporal Prison 6ayor Prision Carreccional Arresto 6ayor

+. 2. 3. 1&. 11. 12.

Arresto 6enor 0estierro "erpetual /bsolute isBualification -emporary /bsolute isBualification 'uspension from public office; the ri(ht to %ote and be %oted for; the ri(ht to follo. profession or callin( "ublic censure

-he ma$imum duration ho.e%er of the con%ict@s sentence shall not be more than threefold the len(th of time correspondin( to the most se%ere of the penalties imposed. 'aid ma$imum period shall in no case e$ceed forty 64&7 years. (Art. %#& !ith respect to Reclusion Perpetua and Life Imprisonment .hich more often than not become someho. confusin(; the follo.in( are their differencesF 1. 2. Reclusion Perpetua is imposed by the 8e%ised "enal Code .hile Life Imprisonment is by 'pecial La.= Reclusion Perpetua entails imprisonment for only thirty 63&7 years after .hich the con%ict becomes eli(ible for pardon .hile Life Imprisonment does not appear to ha%e any definite e$tent or duration= and Reclusion Perpetua carries /ccessory penalties; .hile it is not so in Life Imprisonment. (People vs. A(apo, $.1 SCRA .%.&

3.

For the purpose of (raduatin( the penalties in the li(ht of the miti(atin( and a((ra%atin( circumstances present in the commission of the offense; the courts shall obser%e the follo.in( (raduated scalesF 'C/L# 5O. 1 1. 2. 3. 4. ). *. +. 2. 3. 1&. eath Reclusion Perpetua Reclusion +emporal Prision 6ayor Prision Correccional Arresto 6ayor 0estierro Arresto 6enor "ublic censure Fine 1. 2. 3. 'C/L# 5O. 2 "erpetual absolute disBualification -emporary absolute disBualification 'uspension from public office; the ri(ht to %ote and be %oted for; and the ri(ht to follo. a profession or callin( "ublic censure Fine (Art. %"&

4. ).

/ fine; ho.e%er; .hether imposed as a sin(le or as an alternati%e penalty; shall be considered afflicti%e if it e$ceeds si$ thousand 6"*;&&&.&&7= correctional penalty; if it does not e$ceed si$ thousand 6"*;&&&.&&7 but not less than t.o hundred 6"2&&.&&7; and li(ht if it be less than t.o hundred 6"2&&.&&7. D"!+tion o! Pen+ltie( /rticle 2+ specifies the duration of penalties. -his .as amended by 'ection 21 of 8./. 5o. +*)3 .hich pro%idesF 'ection 21. /rticle 2+ of the 8e%ised "enal Code; is hereby amended to read as follo.sF /rt. 2+. Reclusion Perpetua. : -he penalty of reclusion perpetua shall be from t.enty 62&7 years and one 617 day to forty 64&7 years. Reclusion +emporal. : -he penalty of reclusion temporal shall be from t.el%e 6127 years and one day to t.enty 62&7 years. Prison 6ayor and temporary disBualification. -he duration of the penalties of prison mayor and temporary disBualification shall be from si$ 6*7 years and one 617 day to t.el%e 6127 years; e$cept .hen the penalty of disBualification is imposed as an accessory penalty; in .hich case; its duration shall be that of the principal penalty. Prison correccional, suspension and destierro. -he duration of the penalties of prision correccional, suspension; and destierro shall be from si$ 6*7 months and one 617 day to si$ 6*7 years; e$cept .hen suspension is imposed as an accessory penalty; in .hich case; its duration shall be that of the principal penalty. Arresto mayor. -he duration of the penalty of arresto mayor shall be from one 617 month and one 617 day to si$ 6*7 months. Arresto menor. : -he duration of the penalty of arresto menor shall be from one 617 day to thirty 63&7 days. $$$ Reclusion Perpetua, despite its Ddefined durationE in 8./. 5o. +*)3 t.enty 62&7 years and one 617 day to forty 64&7 years is still to be classified as an indi%isible penalty (People vs. Lucas, $.$ SCRA 5.%&, and should be imposed in its entire duration in accordance .ith /rt. *3 of the 8e%ised "enal Code. (People vs. 6agallano, $// SCRA .#5&

P!e%enti%e I*)!i(on*ent +n- S"3(i-i+!4 Pen+lt4 "re%enti%e imprisonment is the incarceration under(one by a person accused of a crime .hich is not bailable; or e%en if bailable; can not afford to post the bond. urin( the trial of his case; he is detained in ,ail. He is ?no.n as detention prisoner. 'ubsidiary penalty; on the other hand; is the personal penalty prescribed by la. in substitution of the payment of fine embodied in the decision .hen the same can not be satisfied because of the culprit@s insol%ency. (People vs. <arumayan, 5$ !.G. $ 4& !hene%er as accused has under(one pre%enti%e imprisonment for a period eBual to or more than the possible ma$imum imprisonment of the offense char(ed to .hich he may be sentenced; and his case is not yet terminated; he shall be released immediately .ithout pre,udice to the continuation of the trial or the proceedin(s on appeal. (Art. $1, RPC& 'o that; if the trial of / for /ttempted Homicide is still (oin( on for more than si$ 6*7 years; and he has been detained from the be(innin( of the trial for failure or inability to post bail bond; he shall be ordered immediately released; for the crime is punishable by prision correccional 6/rt. 243 in relation to /rticles * and )17; and the ran(e of this penalty is si$ 6*7 months and one 617 day to si$ 6*7 years only. (Art. $%& >ut the trial shall proceed so that in case of acBuittal; he .ill ha%e no criminal record. In case of con%iction; he .ill not be imprisoned anymore. -he pre%enti%e imprisonment under(one by the accuse shall be credited fully; to be subtracted from his sentenced; if he a(rees in .ritin( to abide by the disciplinary rules imposed on con%icted prisoners= other.ise; only four<fifths of the time durin( .hich he has under(one pre%enti%e imprisonment shall be deducted. -he follo.in( are e$ceptions ho.e%erF 1. 2. If the con%ict is a recidi%ist or has been pre%ious con%icted t.ice or more of any crime= !hen upon bein( summoned for the e$ecution of his sentenced; he shall ha%e failed to surrender %oluntarily. (Art. $1, RPC&

-here is no subsidiary penalty of imprisonment if the principal penalty of imprisonment is more that si$ 6*7 years. 1oreo%er the subsidiary imprisonment shall not e$ceed one third 61937 of the principal penalty or one 617 year .hich e%er is lesser. A))li'+tion o& Miti,+tin, +n- A,,!+%+tin, Ci!'"*(t+n'e( -he court must first consider .hether the penalties imposable are i%isible or Indi%isible. )ndivisi(le penalties are those .hich ha%e no fi$ed duration li?e death; reclusion perpetua, perpetual absolute or special disBualification; and public censure=

.hile 0ivisi(le penalties are those ha%in( fi$ed duration and case be di%ided into three 637 periods. In case the la. prescribes t.o indi%isible penalties; li?e reclusion perpetua to death 6the penalty for Infanticide; "arricide; 1urder; etc.7; the presence of one miti(atin( circumstance .ould result in the application of the lesser penalty; .hile the presence of an a((ra%atin( circumstance .ould mean the application of the (reater penalty. If there is no miti(atin( and no a((ra%atin( circumstance; the lesser penalty shall be applied. If there be present both miti(atin( and a((ra%atin( circumstance; the court shall reasonably allo. them to offset one another. (Art. /.& !hen the penalty is sin(le indi%isible; li?e the penalty for "iracy under /rticle 122 as amended (y 'ec. 3; 8./. 5o. +*)3 .hich is reclusion perpetua, such penalty shall be applied re(ardless of any miti(atin( or a((ra%atin( circumstance such as minority; in .hich case; the penalty may be reduced by a de(ree. 'uch is also the rule in case of t.o 627 indi%isible penalties li?e reclusion perpetua to death. If the miti(atin( circumstance in attendance is pri%ile(e miti(atin(; the penalty shall be lo.ered by one de(ree. -hus; .hen the crime pro%en is 1urder; 6the penalty is reclusion perpetua to death under /rt. 242; 8e%ised "enal Code as amended (y 'ec. * of 8./. 5o. +*)37; and the accused is a minor belo. si$teen 61*7 years old; the penalty shall be reclusion temporal. !hen the penalty is di%isible and there is neither a((ra%atin( nor miti(atin( circumstance; the penalty shall be applied in medium period. If there is one ordinary miti(atin( circumstance it shall be applied in it minimum period; and if there is one 617 a((ra%atin( circumstance; the penalty shall be imposed in its ma$imum period. If the miti(atin( circumstance present is pri%ile(ed one; the reduction of the penalty shall be by de(ree; not only by period. If there are both miti(atin( and a((ra%atin( circumstance; the court shall reasonably offset them accordin( to their relati%e .ei(ht. (Art. / & If the commission of the crime .as attended by both miti(atin( and a((ra%atin( circumstances; the rules (Art. /$& are as follo.sF 1. /((ra%atin( circumstances .hich in themsel%es constitute a crime specially punishable by la. or .hich are included by the la. in definin( a crime shall not be ta?en into account for the purpose of increasin( the penalty. #$ampleF D>y means of fireE 6/rt. 14; par. 127 shall not be considered in the crime of /rson. -hat the crime .as committed in the d.ellin( of the offended party 6/rt. 14; par. 37 shall not a((ra%ate the liability of the offender con%icted of -respass to .ellin(. 'o also; Dby means of poisonE 6/rt. 14; par. 127 .ill not be considered to increase the liability in 1urder Bualified by usin( poison.

2. /((ra%atin( circumstances .hich are inherent in the crime to such a de(ree that they must of necessity accompany the crime shall not increase the penalty. #$ampleF /buse of confidence 6/rt. 14; par. 47 shall no lon(er be considered Mualified -heft .ith (ra%e abuse of confidence to increase the penalty. 3. /((ra%atin( or miti(atin( circumstances .hich arise from the moral attributes of the offender or from his pri%ate relations .ith the offended party or from any personal cause shall ser%e to a((ra%ate or miti(ate the liability of the culprit to .hom they are attendant. #$ampleF J; K; and L; conspirin( .ith each other; ?illed ! .ho is J@s brother< in<la.. L committed it .ith e%ident premeditation .hile K is a recidi%ist. -he a((ra%atin( circumstance of e%ident premeditation applies only to L; the fact that the %ictim is J@s brother<in<la. .ould affect the liability only of J .hile recidi%ism .hich is personal to K shall increase the liability of K only. Ho.e%er; the miti(atin( circumstance of abandonment by the husband pro%ided for in adultery under /rt. 333 applies to both the .ife and her lo%er because their act is only one; ,udicially spea?in(. 6People vs. Avelino, et. al., IC.A.J # !.G. "1 & 4. -he circumstance .hich consist in the material e$ecution of the act or in the means employed to accomplish it shall a((ra%ate or miti(ate the liability of those .ho had ?no.led(e of them at the time of the e$ecution of the act. #$ampleF /; >; and C a(reed to ?ill J and so armed .ith (uns they proceeded to the house of the latter .hereupon / told > and C that he .ould ,ust stay in the yard to pre%ent any relati%e of J from helpin( the %ictim. !hen > and C entered the room of J; and sa. him sleepin(; it .as C .ho shot him. -he treachery that attended the commission of the crime shall also affect > and not only C treacherously ?illed J in his sleep because > had ?no.led(e of the employment of the treacherous act bein( present actually durin( the shootin(. /@s liability is not a((ra%ated by treachery as he had no ?no.led(e of it; bein( in the yard. 'o also; /; > and C a(reed to ?ill J and in a drin?in( spree; / sa. the opportunity and put poison in the (lass of J. > sa. 6J should be substituted by /7 pourin( the poison .hile C did not see it and .as una.are of it. J died after ta?in( the poisonous drin?. -he a((ra%atin( circumstance of Dby means of poisonE affects only / and >. Ot e! E&&e't( o& Pen+lt4 #%ery penalty imposed for the commission of a felony shall carry .ith it the forfeiture of the proceeds of the crime and the instruments or tools .ith .hich it .as committed. 'uch proceeds and instruments or tools shall be confiscated in fa%or of the

4o%ernment unless they be property of a third person not liable for the offense= but those articles .hich are not sub,ect of la.ful commerce shall be destroyed. (Art. 5& -his forfeiture or confiscation of instruments and proceeds of the offense is pro%ided for as an accessory penalty under /rticle 2). If / stole the (un of > .ho is duly licensed to possess it; and used it in ?illin( C; the (un .ill no lon(er be confiscated in fa%or of the (o%ernment but .ould be returned to C. if the proceeds or tools can not be sub,ect of la.ful transaction li?e mari,uana or shabu; then they shall be ordered burned or destroyed. Co*)le6 C!i*e( +n- T ei! Pen+ltie( (Delito Compuesto) !hen a sin(le act constitutes t.o or more (ra%e or less (ra%e felonies; or .hen an offense is a necessary means for committin( the other; the penalty for the most serious crime shall be imposed; to be applied in its ma$imum period. (Art. 4& /rt. 42 is not applicable in case of special comple$ crimes specifically pro%ided for in 8e%ised "enal Code li?e 8obbery .ith Homicide or 8ape or .ith /rson 6'ec. 3; 8./. 5o. +*)3 amending par. 1 of /rticle 2347; or 8ape .ith Homicide 6'ec. 11; 8./. 5o. +*)3 amending /rticle 33)7 and applies only .hen no specific penalty is stated in the la.. /rt. 42 spea?s of t.o 627 types of comple$ crimesF 617 .hen a sin(le act constitutes t.o or more (ra%e or less (ra%e felonies; other.ise ?no.n as compound crime, and 627 .hen an offense is a necessary means of committin( the other; .hich is the comple; crime proper. /n e$ample of 5o. 1 that is; compound crime; is .hen / .ith a re%ol%er shot >; missin( him but the bullet hit J .ho is /@s father. / committed the crime of /ttempted Homicide .ith "arricide. Or; .hen in rec?lessly dri%in( his car; K hit the car of ! .hich in turn hit the car of /; the dama(es suffered by the t.o 627 cars resultin( in (ra%e or less (ra%e felonies 6not merely li(ht7. /n e$ample of 5o. 2 that is; comple$ crime proper; is .hen the 1unicipal -reasurer; .ho recei%ed ten thousand 6"1&;&&&.&&7 from a ta$payer; placed in the duplicate ori(inal of the receipt the amount of one thousand 6"1&&&.&&7 and then misappropriated the difference of nine thousand 66"3;&&&.&&7 is (uilty of 1al%ersation throu(h Falsification of a "ublic ocument because Falsification is necessary means to commit 1al%ersation. It is ho.e%er; #stafa throu(h Falsification of "ublic ocument; not 1al%ersation of "ublic Funds throu(h Falsification of "ublic ocument; .hen a casual employee of the >ureau of Lands encashed a treasury .arrant by affi$in( his si(nature thereon; .hen in fact the treasury .arrant is not payable to him. He is not an accountable officer. (Sam(iniano vs. Court o' Appeals, et. al., $ 1 SCRA $ &

-he accused; .ho; throu(h intimidation; brou(ht out the %ictim from her house to a nearby school buildin( .here he raped her is (uilty of the comple$ crime of Forcible /bduction .ith 8ape. (People vs. Gre'iel, $"5 SCRA 51/& In comple$ crimes; one offense should not be punishable under another la.. >oth must be a %iolation of the 8e%ised "enal Code. -hus; .hile Ille(al "ossession of Firearm could be ar(ued as a necessary means to commit 1urder or Homicide; there is no comple$ crime committed because one crime is punishable under a special la. .hile the other is by 8e%ised "enal Code. !hile one can be con%icted only of rebellion .here the murders; robberies and ?idnappin( .ere committed as a means to or in furtherance of the rebellion; offenses .hich .ere not committed in furtherance of the rebellion but for personal reasons or other moti%es; are to be punished separately e%en if committed simultaneously .ith the rebellious acts. (People vs. !liva, . SCRA .5& Contin"in, C!i*e (Delito Continuado) / sin(le crime consistin( of a series of acts arisin( from one criminal resolution or intent not susceptible of di%ision. (Philippine Law 0ictionary by 1oreno7 In People vs. 5ncila, %/ !.G. 54$ , it .as defined as a continuous; unla.ful act or series of acts set on foot by a sin(le impulse and operated by an unintermittent force ho.e%er lon( a time it may occupy. !hen the actor; there bein( unity of purpose and of ri(ht %iolated; commits di%erse acts; each of .hich; althou(h of a delictual character; merely constitutes a partial e$ecution of a sin(le particular delict; such concurrence of delictual acts is called Ddelito continuado.G (Gam(oa vs. Court o' Appeals, /4 SCRA ." & -he ta?in( of se%eral co.s belon(in( to different o.ners .hile admittedly committed throu(h se%eral acts .as held to be punished only as one crime .hen done or perpetrated durin( the same occasion. !here; ho.e%er; in a train; the accused<t.ins ran amuc? ?illin( ei(ht 627 persons and .oundin( one durin( that occasion; it .as held that the ei(ht murders and one attempted murder .ere committed Bualified by treachery. (People vs. +oling, /$ SCRA "%& In-ete!*in+te Senten'e L+w 6/ct 41&3 as amended (y /ct 5o. 422)7 'ection 1. Hereafter; in imposin( a prison sentence for an offense punished by the 8e%ised "enal Code; or its amendments; the court shall sentence the accused to an indeterminate sentence the ma$imum term of .hich; shall be that .hich; in %ie. of the

attendin( circumstances; could be properly imposed under the rules of the said Code; and the minimum of .hich shall be .ithin the ran(e of the penalty ne$t lo.er to that prescribed by the Code for the offense= and if the offense is punished by any other la.; the court shall sentence the accused to an indeterminate sentence; the ma$imum term of .hich shall not e$ceed the ma$imum fi$ed by said la. and minimum shall not be less than the minimum term prescribed by the same. 'ince the openin( sentence of this la. saysF D ;;; in imposin( a prison term ;;;G this Indeterminate 'entence La. is not applicable to destierro. 'o that if a concubine is found (uilty under /rticle 334; the court shall impose a strai(ht penalty of not less than si$ 6*7 months and one 617 day nor more than si$ 6*7 years as this is the ran(e of destierro pro%ided for in /rticle 2+. -he 0ud(e thus can sentence a concubine to a strai(ht prison term of si$ 6*7 months and one day; or ten 61&7 months; or one 617 year; or fi%e 6)7 years; etc. How to A))l4 t e In-ete!*in+te Senten'e L+w -o cite a specific e$ampleF If / .ho is only se%enteen 61+7 years old .as found (uilty of Homicide .ith a miti(atin( circumstance of %oluntary surrender; the court shall first determine the applicable penalty by applyin( the miti(atin( circumstance present. 'ince the accused is only se%enteen 61+7 years old; he is entitled to a miti(atin( circumstance of minority .hich is a pri%ile(ed one. -hus; the penalty of reclusion temporal prescribed for Homicide (Art. $ 1& .ill be reduced to prison mayor, .hich is one de(ree lo.er. -he court .ill the consider the other miti(atin( circumstance of %oluntary surrender so that the ma$imum period under the Indeterminate 'entence La. is prison mayor .hich has a ran(e of si$ 6*7 years and one 617 day to ei(ht 627 years. -he minimum term shall be any ran(e of prision correccional .hich is the penalty ne$t lo.er in de(ree to prison mayor. -he sentence of the court thus is as follo.sF D/ccused is hereby sentenced to an indeterminate prison term of si$ 6*7 months and one 617 day Nor more but not e$ceedin( si$ 6*7 yearsO of prision correccional as minimum; to si$ 6*7 years and one 617 day Nor more but not e$ceedin( ei(ht 627 yearsO of prision mayor as ma$imum. If in the abo%e e$ample; the se%enteen 61+7<year<old con%ict did not %oluntarily surrender but is a recidi%ist; then the ma$imum term of the indeterminate sentence is prision mayor in its ma$imum period; that is ten 61&7 years and one 617 day to t.el%e 6127 but the minimum is the same any ran(e .ithin prision correccional. -his Indterminate 'entence La. is applicable to special la.s as it saysF Dif the offense is punished by any other la..E -hus; People vs. 2iente, $$5 SCRA ./", the accused .as found (uilty of carnappin( under 8epublic /ct 5o. *)33 and .as sentenced by the trial court to a strai(ht imprisonment of thirty 63&7 years. -he 'upreme Court; rulin( that the Indeterminate 'entence La. applies to %iolation of special la.s; modified the penalty to

se%enteen 61+7 years and four 647 months as minimum to thirty 63&7 years as ma$imum since 'ection 14 of the said 8epublic /ct pro%ides that; if carnappin( is committed by means of %iolence or intimidation; the penalty is imprisonment for not less than se%enteen 61+7 years and four 647 months and not more than thirty 63&7 years. -here are e$ceptions to the application of the Indeterminate 'entece La.. -hus; 'ection 2 pro%ides that the la. shall not apply to person con%icted of offenses punished .ith death penalty or life imprisonment= to those con%icted of treason; conspiracy or proposal to commit treason; misprision of treason; rebellion; sedition or espiona(e or piracy= to those .ho are habitual delinBuents= to those .ho shall ha%e escaped from confinement or e%aded sentence= to those .ho %iolated the conditional pardon (ranted by the Chief #$ecuti%e= to those .hose ma$imum term of imprisonment does not e$ceed one 617 year= nor to those already sentenced by final ,ud(ement at the time of the appro%al of the /ct. /ccused 1ary 8ose Ondo; ha%in( bee sentenced to life imprisonment for Lar(e 'cale Ille(al 8ecruitment is not entitled to the benefits of the Indeterminate 'entence La.. (People vs. !ndo, $$% SCRA 5/$& -he Court also refused to (rant her the benefits of ". . 5o. *&3; other.ise ?no.n as the DChild and Kouth !elfare Code.E /lthou(h there is a (reat distinction bet.een reclusion perpetua and Life Imprisonment; and the Indeterminate 'entence La. does not mention reclusion perpetua as an e$ception; the courts ha%e uniformly refused to apply this la. to persons sentenced to reclusion perpetua, and the 'upreme Court has consistently affirmed such rulin(. 8ecidi%ists are entitled to the a%ailment of the Indeterminate 'entence La. since those disBualified are Habitual elinBuents. 6People vs. 2enus, /. SCRA .5& !hen the accused escaped from ,ail from his case .as on appeal; he is not entitled to the benefits of the Indeterminate 'entence La.. (People vs. 6artinado, $" SCRA %"$& / youthful offender .hose sentenced is suspended under 'ec. 132 of ". . 5o. *&3 and .ho escaped from his confinement is still entitled to the application of the Indeterminate 'entence La.. -he same is true .ith an accused confined in the 5ational Center for 1ental Health 6formerly 5ational 1ental Hospital7 since their confinement can not be considered punishment but more of administrati%e matters for their rehabilitation. (People vs. Soler, /. Phil. 4/4, People vs. Co, C.A. /% !.G. % 5"& / person sentenced to destierro .ho entered the prohibited area .ithin the prohibited period has e%aded the ser%ice of his sentence (People vs. A(ilog, 4$ Phil. "% & and .hen he committed a crime in that area; he .ill not be entitled to the benefits of the Indeterminate 'entence La. for the ne. crime. -he application of the Indeterminate 'entence La. is based on the penalty actually imposed; not on the imposable penalty; and its purpose is to uplift and redeem

%aluable human material; and pre%ent unnecessary and e$cessi%e depri%ation of personal liberty and economic usefulness. P!o3+tion L+w "robation is a disposition under .hich a defendant; after con%iction and sentenced is released; sub,ect to conditions imposed by the court and to the super%ision of a probation officer. (Sec. .IaJ, P.0. 8o. 1/4 as amended (y P.0. 8o. "$%5, P.0. 8o. "11# and *.P. *lg. %/& Cnder 'ection 4 of the la.; the trial court may; after it shall ha%e con%inced and sentenced a defendant; and upon application by said defendant .ithin the period of perfectin( as appeal; suspend the e$ecution of the sentenced and place the defendant on probation for such period and upon such terms and conditions as it may deem bestF pro%ided that no such application shall be entertained or (ranted if the defendant has perfected the appeal from the ,ud(ment of con%iction. "robation is a mere pri%ile(e; not a ri(ht of the accused. It is rather an act of (race or clemency or immunity conferred by the 'tate .hich may be (ranted by the court to a seemin(ly deser%in( defendant .ho thereby escapes the e$treme ri(ors of the penalty imposed by la.. -he benefits of the la. shall not be e$tended to thoseF 1. 2. 3. 'entenced to ser%e a ma$imum of imprisonment of more than si$ 6*7 years. Con%inced of sub%ersion or any crime a(ainst national security or the public order. !ho ha%e pre%iously been con%inced by final ,ud(ment of an offense punished by imprisonment of not less than one 617 month and one 617 day and9or a fine of not more than 6should be not less than7 t.o hundred 6"2&&.&&7. !ho ha%e been once on probation. !ho are already ser%in( sentenced at the time the substanti%e pro%isions of this ecree became applicable.

4. ).

If the accused is sentenced to more than si$ 6*7 year imprisonment e%en by a day; he is no lon(er entitled to the benefits of the "robation La.. Ho.e%er; multiple prison terms imposed a(ainst the accused found (uilty of se%eral offences in one decision should not be added up; and their sum total should not be determinati%e of his eli(ibility for; nay his disBualification from; probation since the la. uses the .ord Dma$imumE not DtotalE term of imprisonment. (7rancisco vs. Court o'

Appeals, et al., $ . SCRA .4 & -hus; if /; ha%in( been char(ed for fi%e 6)7 cases .hich .ere ,ointly heard is sentenced in one decision for one 617 year and ei(ht 627 months for each of the char(es so that the totality of the prison term is more than si$ 6*7 years; he is not disBualified to a%ail of the pro%isions of the "robation La.. Con-ition( o& P!o3+tion #%ery probation order issued by the court shall contain the follo.in( conditionsF 1. 2. -hat probationer shall present himself to his desi(nated super%isin( probation officer .ithin se%enty t.o 6+27 hours from receipt of the order. He shall report to the probation officer at least once a month at such time and place specified in the order.

-he trial court may impose other conditions for the probationer to comply. Ot e! In(t+n'e( W en P!o3+tion Not A))li'+3le 1. !hen the accused is con%inced under 8./. 5o. 31*) the ne. /nti< an(erous ru(s La. e$cept .hen he is a first offender minor in .hich case he is eli(ible for probation e%en if the penalty imposed is more than si$ 6*7 years. Ho.e%er if he is con%inced of dru( traffic?in( or pushin( he is disBualified. If accused appeals his con%iction irrespecti%e of the purpose of the appeal e%en if it is only to Buestion the propriety of the penalty imposed. Con%iction of an election offense under the 8e%ised #lection Code.

2. 3.

Title Fo"!
E#TINCTION OF CRIMINAL LIABILITY$ TOTAL AND PARTIAL Criminal liability is totally e$tin(uish byF 1. 2. 3. 4. ). *. +. eath of the con%ict= 'er%ice of the sentenced= /mnesty= /bsolute "ardon= "rescription of the crime= "rescription of the penalty= and 1arria(e of the offended .oman as pro%ided for in /rt. 344 (Art. 41&

On the other hand; it is partially e$tin(uish byF 1. 2. 3. Conditional "ardon= Commutation of the sentenced= and 4ood conduct allo.ances .hich the culprit may earn .hile ser%in( sentenced.

-he (rant of probation may be considered as a form of e$tinction of criminal liability .hich .as besto.ed .hile accused .ho .as ne%er been incarcerated; .as out on bail; may thus be cate(oriAed as total e$tinction thereof. Ho.e%er; if it .as (ranted after the con%iction of the accused .ho .as in ,ail; it can be considered as partial e$tinction only. It must be noted ho.e%er; that unli?e in ser%ice of sentence; in probation; the probationer is still reBuired to report to a "robation Officer at a certain period until the duration of the probation period. ./ De+t o& t e A''"(eIf the accused dies; at .hate%er sta(e of the case; personal penalty is totally and permanently e$tin(uished. Kou can not imprison a dead person. !ith respect to pecuniary liabilities li?e fine or costs of the proceedin(s; they are e$tin(uished only .hen the death of the offender occurs before final ,ud(ment. !ith respect to ci%il liability of the accused; if he dies after the ,ud(ment has become final; the same is not e$tin(uished and it can be enforced a(ainst the

estate of the deceased. If he dies ho.e%er; before promul(ation of sentence; or e%en after; but the same is not yet final; on account of an appeal or a motion for reconsideration duly filed; the ci%il liability is also e$tin(uished. -he offended party ne%ertheless is allo.ed to file a separate ci%il action; this time based on either contract; Buasi<contract; la. or Buasi<delicts 6the other sources of obli(ation under /rticle 11)+ of the Ci%il Code7. -he statute of limitations on the ci%il liability in such a case is deemed interrupted durin( the pendency of the criminal case. (People vs. *ayotas, $./ SCRA $.1& 0/ Se!%i'e o& Senten'e !hen the accused has fully ser%ed his sentence; his personal or criminal liability is to be considered permanently terminated. 1/ A*ne(t4 +n- A3(ol"te P+!-on Amnesty is a so%erei(n act of obli%ion for past acts; (ranted by the 4o%ernment to a certain class of persons; char(ed or (uilty of crime; usually political offences; and often conditioned upon their return to obedience and duty .ithin a prescribed time. (*lac=Ks Law 0ictionary, 4th #d.; p. 1&27 Pardon is an act of (race .hich e$empts the indi%idual on .hom it is besto.ed from the punishment the la. inflicts for the crime he has committed. (0e Leon vs. 0ir. !' Prisons, ." Phil. /#& It is the Chief #$ecuti%e .ho can (rant both but in the case of /mnesty; it needs concurrence of Con(ress. !hile pardon loo?s for.ard and relie%es the offender from the conseBuences of an offense of .hich he has been con%icted; /mnesty loo?s bac?.ard and abolishes and puts into obli%ion the offense itself= it so o%erloo?s and obliterates the offense .ith .hich he is char(ed that the person released by amnesty stands before the la. precisely as thou(h he had committed no offense. (*arrioHuinto, et al. vs. 7ernande3, et al., 4$ Phil. / $&. -hus; /rt. 23 says D$$$ by amnesty .hich completely e$tin(uishes the penalty and all its effects.E -hus; if / .as con%icted of Homicide and .as (ranted /bsolute "ardon; and later on committed 1urder or Homicide; he .ill be considered a recidi%ist. Ho.e%er; if his first offense is 8ebellion and .as (ranted amnesty and later on .as found (uilty of sedition; recidi%ism can not be considered a(ainst him. "ardon; to be considered as a mode of e$tinction of criminal liability should be pardon by the "resident of the "hilippines and not pardon by the offended party .hich only e$tin(uishes ci%il liability. (Art. $., RPC& "ardon by the offended party; ho.e%er; in cases of /dultery; Concubina(e; 8ape; /cts of Lasci%iousness; 'eduction or /bduction .hen (ranted before the institution of the criminal action also e$tin(uishes criminal liability. (Art. . , RPC& Cnder 8./.

5o. 23)3; in the crime of rape; if it is the husband .ho is the offender; the subseBuent for(i%eness by the .ife shall e$tin(uish the criminal action or the penalty e$cept .hen the marria(e is %oid a( initio. (Sec. $& 9/ P!e('!i)tion o& C!i*e It is the forfeiture or loss of the ri(ht of the 'tate to "rosecute the offender or file criminal action after the lapse of a certain period of time. 6'ee +he Revised Penal Code, *oo= ) by Luis >. 8eyes7 Crimes punishable by death; reclusion perpetua or reclusion temporal shall prescribed in t.enty 62&7 years= those punishable by the other afflicti%e penalties 6li?e prision ma@or&, in fifteen 61)7 years= and those by correctional penalty; in ten 61&7 years e$cept those by arresto mayor .hich shall prescribe in fi%e 6)7 years .hile (ra%e oral defamation and (ra%e slander by deed prescribed in si$ 6*7 months. Li(ht offences shall prescribe in t.o 627 months. !hen the penalty imposable is a compound one; the hi(hest penalty shall be made the basis of the application of the rules on prescription. (Art. 1#& -he period of prescription shall commence to run from the day of disco%ery of the crime by the offended party; the authorities or their a(ents. (Art. 1"& -hus; if / .itnessed the ?illin( of J by >; and since / not bein( related to J; (ot scared; and did not report the crime to the authority; the crime 61urder or Homicide7 .ill ne%er prescribe. >ut if / is the son of J; or e%en if not related to J; he reported to the police authorities .hat he .itnessed; and no complaint is filed in court .ithin t.enty 62&7 years; then the crime .ill prescribed; and after t.enty 62&7 years and one 617 day from the disco%ery of the crime; no char(e can be filed a(ainst > anymore. -he period shall be interrupted by the fillin( of the complaint or information; and shall commence to run a(ain .hen such proceedin(s terminate .ithout the accused bein( con%icted or acBuitted; or are un,ustifiable stopped for any reason not imputable to him. ()(id.& -he filin( of the complaint e%en .ith the Fiscal@s office only (7rancisco vs. Court o' Appeals, "$$ SCRA 5.4, Calderon- *argas vs. R+C-Pasig, 6etro 6anila, $$% SCRA 5/& or .ith the court shall interrupt the prescripti%e period. -hus; in the e$ample abo%e; if > .as char(ed before the court or the prosecutor@s office on the tenth 61&th7 year from disco%ery; the prescripti%e period is interrupted. If one 617 year after the filin( of the complaint or information; the proceedin(s .ere stopped .ithout fault on the part of >; or .as dismissed; the period shall be(in to run a(ain; and after nine 637 years and one 617 day; the crime of > shall be deemed prescribed since the ten 61&7<year period that lapsed .ithout filin( any criminal complaint shall be considered so that only nine 637 years and one 617 day .ould be needed to complete the prescripti%e period of t.enty 62&7 years.

Criminal cases; ho.e%er; .hich are co%ered by the 8ule on 'ummary "rocedure under the 8ules of Court must be filed .ith the Court; other.ise; they shall prescribe e%en if filed already .ith the Fiscal@s office; after the lapse of si$ty 6*&7 days. (Caldivia vs. Reyes, et al., $"" SCRA $%%& Ho.e%er; in Ca(elic vs. Geronimo, 1ay 2+; 2&&2; a case of sli(ht physical in,ury thus co%ered by the 8ules on 'ummary "rocedure; the 'upreme Court ruled that the period by prescription .as interrupted by the filin( of the complaint .ith the office of the "ro%incial "rosecutor. -he Laldi%ia case in%ol%ed a %iolation of a municipal ordinance .here the applicable la. is not /rt. Of the 8e%ised "enal Code but /ct 5o. 332*. "rescription of Falsification of "ublic ocuments shall be(in from re(istration of the falsified document .ith the 8e(ister of eeds since the re(istration is the official notice to the .hole .orld= but the crime of >i(amy shall commence to prescribe from disco%ery by the offended party or the authorities of the crime; and not from the time the bi(amous marria(e .as re(istered .ith the Local Ci%il 8e(istrar since marria(e is not property .hich .ould be re(istered in the place .here it is located; and a bi(amous marria(e is (enerally entered into a place .here the offender is not ?no.n to be a married person; in order to conceal his le(al impediment. (Sermonia vs. Court o' Appeals, et al., $.. SCRA "55& #%en if libel is punishable by prision correccional, it prescribes not in ten 61&7 years but in one 617 year as e$pressly pro%ided for in /rticle 3&. !ith respect to offenses punished .ith a fine; to determine their prescripti%e period; such fine should not be reduced or con%erted into a prison term and should be considered as afflicti%e; correctional or li(ht under /rticle 2* of the 8e%ised "enal Code. </ P!e('!i)tion o& Pen+lt4 "rescription of the penalty is that loss or forfeiture of the ri(ht of the 'tate to e$ecute the final sentence of con%iction after the lapse of a certain period of time. -he penalties of death and reclusion perpetua prescribe in t.enty 62&7 years= other afflicti%e penalties 6li?e reclusion temporal and prision mayor&, in fifteen 61)7 years .hile correctional penalties e$cept arresto mayor .hich prescribes in fi%e 6)7 years; prescribe in ten 61&7 years. Li(ht penalties shall prescribe in one 617 year. (Art. 1$&, RPC& -he penalty; to be sub,ect of prescription must ha%e been imposed by final ,ud(ment. -hus; if / after con%iction by the trial court; appealed the decision; and escaped from ,ail .here he has been detained durin( trial; the penalty .ill ne%er prescribe. In prescription of penalty; the offender must be ser%in( sentence; and must ha%e escaped; committin( the crime of #%asion of 'er%ice of 'entence. From the day he escaped; the prescription of penalty commences to run. If the penalty imposed is death or reclusion perpetua, he must be able to hide from the authorities for a period of t.enty 62&7 years; or if it is reclusion temporal, for

fifteen 61)7 years. If .ithin the prescripti%e period he should (i%e himself up; or be captured; or .ould (o to a forei(n country .ith .hich the "hilippines has no e$tradition treaty; or should commit another crime; then the period is interrupted and the penalty .ill not prescribed anymore. P!o3le*$ / .as sentenced to reclusion temporal for Homicide and .hile ser%in( sentence; escaped on 0anuary 1; 132&. He must be able to elude authorities up to 0anuary 2; 133) to consider the penalty prescribed. 'uppose he .as arrested after fi%e 6)7 years of escape that is; on 0anuary 1; 132); and .as able to re<escape on 0anuary 1; 132*; he must hide for ,ust ten 61&7 more years. -he fi%e 6)7 year period durin( his escape must ha%e to be considered for purposes of completin( the fifteen 61)7 year period for the prescription of the penalty of Homicide. Re+(on &o! P!e('!i)tion o& t e C!i*e +n-;o! Pen+lt4 urin( the period that the accused9con%ict escaped; he li%es a life of a hunted animal; hidin( mostly in the mountains and forest in constant mortal fear of bein( cau(ht. His life; far from bein( happy; comfortable and peaceful; is reduced to a mere e$istence filled .ith fear; discomfort; loneliness and misery. /s the distin(uished penal commentator Giada said; the con%ict .ho e%ades sentence is sometimes sufficiently punished by his %oluntary and self<imposed punishment; and at times; his %oluntarily e$ile is more (rie%ous than the sentence he .as tryin( to a%oid. /nd all the tie he has to utiliAe e%ery in(enuity and means to out.it the 4o%ernment a(encies bent on recapturin( him. For all this; the 4o%ernment e$tends to him a sort of condonation or amnesty. 6'ee )n'late vs. Provincial Larden, 1$ Phil. ."#& M+!!i+,e o& t e O&&en-e- P+!t4 wit t e O&&en-e! In cases of 'eduction; /bduction; 8ape and /cts of Lasci%iousness 6'/8/7; the marria(e of the offender .ith the offended party shall e$tin(uish the criminal action or remit the penalty already imposed upon him. -he pro%ision of this para(raph shall also be applicable to the co<pricipals; accomplices and accessories after the fact of the abo%e< named crimes. (Art. . , last par.& In other crimes; marria(e of the complainant and the accused does not e$tin(uish criminal liability. In the crimes of '/8/ 6'eduction; /bduction; 8ape and /cts of Lasci%iousness7; the marria(e must be entered into in (ood faith; and if underta?en only to a%oid criminal prosecution; such marria(e does not result in the e$tinction of penal liability. (People vs. Santiago, 5" Phil. /4& If done in (ood faith ho.e%er; the marria(e benefits the accessory or accomplice e%en if he is already ser%in( sentenced. (Laceste vs. Santos, 5/ Phil. %$& Cnder 8./. 5o. 23)3; the subseBuent %alid marria(e bet.een the offender and the offended party in the crime of rape shall e$tin(uish the criminal action

or the penalty imposed. In case of multiple rapes; ho.e%er; the principle does not apply. -hus; if /; > and C raped ! in that .hen / .as ha%in( se$ .ith !; >; and C .ere holdin( the le(s and arms of !; and .hen it .as >@s turn; / and C .ere the ones holdin( !@s le(s and arms; and .hen C .as the one ha%in( se$ .ith !; the ones holdin( her arms and le(s .ere / and >. e%en if later on; / contracted marria(e .ith !; there is no e$tinction of penal responsibility because this is a case of multiple rapes. #%en if rape is no. a crime a(ainst person and no lon(er a crime a(ainst chastity; the principle of marria(e as a form of e$tin(uishment of criminal liabilities applies. P+!ti+l E6tin'tion o& C!i*in+l Li+3ilit4 Conditional "ardon by the Chief #$ecuti%e partially e$tin(uishes the penal liability of a con%ict. It is that pardon (ranted to a prisoner .hich is sub,ect to some conditions; one of .hich is that he .ill not commit any crime anymore. Oftenly; this ?ind of pardon is deli%ered to a con%ict still ser%in( sentence .ho must accept the condition in order to effecti%e. -hus; part of his sentence is remitted .hich he .ill no lon(er under(o. Commutation is the substitution of a lesser penalty for that of a (reater punishment imposed on the con%ict by the Chief #$ecuti%e. -hus; instead of pardon; the "resident may commute the death penalty to reclusion perpetua; or if the penalty is reclusion temporal, he may (rant a commutation alterin( or chan(in( the penalty to prison mayor. -here is no doubt a partial e$tinction of criminal liability occurs. -he commutation of the ori(inal sentenced for another of a different len(th and nature shall ha%e the le(al effect of substitutin( the latter in the place of the former. (Art. 1/& Cnli?e in conditional pardon; the commutation of penalty in fa%or of the con%ict does not need his acceptance. ($$ R.C.L. 5.#& !ith respect to Good Conduct Allowances, /rt. 3+ pro%ides for the (uidelines .hich by its nature may be e$panded or supplemented by the prison@s authority. -he prisoner ho.e%er; to be entitled; must be ser%in( his sentence. If the accused is en,oyin( liberty under a conditional pardon; he can not be entitled to the (ood conduct allo.ances. (People vs. 6artin, /4 Phil. "$$& -he allo.ances for (ood conduct (ranted by the of Corrections7 shall not ha%e re%o?ed. (Art. 11& irector of "risons 6no. >ureau

Title Fi%e
CIVIL LIABILITY

Pe!(on Ci%ill4 Li+3le &o! Felonie( #%ery person criminally liable for a felony is also ci%illy liable. (Art. "##& -hus; if / committed 1urder; -heft or 8ape; aside from imprisonment; he is obli(ed to pay the offended party the ci%il liability .hich includes restitution; reparation of the dama(e caused; and indemnification for conseBuential dama(es. (Art. "# & Of course; if the crime is one from .hich no ci%il liability may arise; li?e ille(al "ossession of Firearm (P.0. 8o. "4// as amended (y R.A. 8o. 4$1 & or ille(al 'ale; -ransport or "ossession of "rohibited or 8e(ulated ru(s (R.A. 8o. / $5 as amended (y R.A. 8o. %/51&, the con%ict incures no ci%il liability. If an accused ho.e%er .as not held criminally liable; it does not mean he is not ci%illy liable. In fact; under the 8ules of Court; in case of acBuittal; unless there is a clear sho.in( that the act from .hich the ci%il liability mi(ht arise did not e$ist; the ,ud(ment shall ma?e a findin( on the ci%il liability of the accused in fa%or of the offended party. (Rule "$#, Sec. $& Ci%il Li+3ilit4 o& P+!ent( +n-;o! G"+!-i+n( For the crimes committed by minors and insane persons .ho are e$empt from criminal liability; the ci%il liability shall de%ol%e upon those ha%in( le(al authority or control o%er them unless it appears that there .as no fault or ne(li(ence on their part or that they are insol%ent; in .hich case; the property of the minor or the insane shall be liable; e$ceptin( property e$empt from e$ecution. (Art. "#", RPC& -his is thus a direct and primary liability of the parents or (uardian. S"3(i-i+!4 Li+3ilit4 o& Inn 2ee)e!(, T+%e!n82ee)e!(, E*)lo4e!(, Te+' e!( o! Pe!(on( En,+,e- in In-"(t!4 In default of the persons criminally liable; inn?eepers; ta%ern<?eepers and any persons or corporations shall be ci%illy liable for the crimes committed in their establishments; in all cases .here a %iolation of municipal ordinances or some (eneral or special police re(ulations shall ha%e been committed by them or their employees. (Art. "#$& / restaurant or mo%ie house o.ner .ho opens his establishment before 3F&& o@cloc? in the mornin( despite the e$istence of an ordinance that they can open only after 3F&& a.m. so as not to coincide .ith rush<our traffic .ill be ci%illy liable if a person is ?illed inside their establishments; and the accused<?iller is insol%ent to satisfy the ci%il liability.

-he same rule applies to employers; teachers of persons en(a(ed in any ?ind of industry; for felonies committed by their ser%ants; pupils; .or?men; apprentices; or employees in the dischar(e of their duties. (Art. "#.& -he ci%il obli(ations arisin( from crimes de%ol%e upon the heirs of the person criminally liable; and the action demand li?e.ise descends to the hiers of that person in,ured. (Art. "#4, RPC& -hus; if / .as found (uilty of ?illin( >; and .as sentenced to reclusion perpetua and to pay the heirs of >; fifty thousand 6" )&;&&&.&&7 but died .hile ser%in( sentenced; his 6/@s7 heirs are bound to pay the heirs of > the said amount of fifty thousand 6" )&;&&&.&&7 if he left properties sufficient to co%er the ci%il liability. Ho.e%er; if on account of a business transaction bet.een the heirs of /; and the heirs of >; the latter o.e the former thirty thousand 6"3&;&&&.&&7; the heirs of the con%icted man /; can deduct the said indebtedness from the fifty thousand 6" )&;&&&.&&7 a.ard pro%ided in the decision; since ci%il liability arisin( from the crime shall be e$tin(uished in the same manner as other obli(ations in accordance .ith the pro%isions of the Ci%il Code. (Art. ""$, RPC& -his is sub,ect ho.e%er to the pro%ision of /rticle 1222 of the Ci%il Code of the "hilippines .hich pro%idesF /rticle 1222. 5either shall there be compensation if one of the debts consist in ci%il liability arisin( from a penal offense. -he con%ict shall be obli(ed to satisfy the ci%il liability contained in the ,ud(ment of con%iction e%en if he has ser%ed his sentence; or has not been reBuired to ser%e the same by reason of amnesty; pardon; commutation of sentence or any other reason. (Art. ""., RPC&